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1972-02-21 Regular MeetingMINUTES OF TI3E MEETING - FEBRUARY 'J, 1972 - 9~00 A.M. (CONTINTTED) SAI,E OF CITY-COUNTY OWNED PROPERTY (CONTINUED) - been appraised by the Tax Office for ~6'700. The City owns 93% and the County ~%. Mr. Bowden recommended sale of the lot, subject to approval of the City Council. Mr. Hall moved, seconded by Mr. Marks, that the sale be approved for no less than the appraised value o£ $6~00, subject to approval by the City Council. Motion carried unanimously. MOVE OF COLLECTOR OF REVENUE'S OFb'ICE - Mr. Bowden infor-med the Board he had received letter from the City Manager requestin~ ..time schedule the County plans to vacate offices in the City Hall now occupied by the Collector of Revenue's offices. Mr. Bowden stated he had made several efforts with the County's staff in order to try to find a place suitable to the public as well as having equipment such as a vault which is necessary for records. Mr. Bowden stated vahen suitable space is found with a vault, or where one can be constructed, he will try to arrange a lease arrangement and move offices out of City Hall. This move will consolidate the Ta~c Department. Mr. Hall stated, with all these problems and emergencies, he felt this group or some other group should begin thinking seriously about construction of a County-City municipal building or a new building for the courthouse~~rhere the offices can be consolidated. EASF1`"Ei NTS AT AIRFORT - Nr. Bowden stated he had a letter from Mr. Fox concerning acquisition of property at the pirport. Mr. Harriss stated FAA is holding money until all easements are obtained and trees cut. There is presently $22,000 in uncommitted airport bond proceeds. P1r. Fox stated the defendants may obtain eminent domain awards for compensation for their property in excess of $22,000. If so, it u~ill be necessary for the County to pay any sum in excess of the $22,000 from non-tax revenues. Mr. Fox wanted to kno~~,~ whether the Commissioners are willing to commit themselves to the appropriation of non-tax revenues for purpose of acquiring these easements should appropriation be required. Mr. Marks moved, seconded by Mr. Hall, that Mr. Fox be instructed to proceed; the Board u~~ill assume what responsibilities the Court puts on it. Motion carried unanimously. HEADBUARTERS FOR BOARD OF EDUCATION - Mr. Williams stated he saw in the newspaper that the Board of Education had employed an architect to proceed with plans for offices for the Board of Education and was wondering if this Board is aware where the money is coming from. Mr. 4iilliams stated he knew the Board of Education received funds from insurance for Hemenway Hall but questioned whether they can spend this without authorization from the Commissioners. There seemed to be some question of whether or not the Commissioners have control over this. By common consent it was agreed Mr. Bowden check N11tY1 MI`. Fox on this question. ADJOURNMENT - There being no further business to come before the Board, Mr. Hall moved, seconded by Mr. Marks, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board /hs MINUTES OF THE MEETING - FEBRUARY 21, 1972 - 9:0o A.M. ASSEMBLY The re~ular semi-monthly meeting of the New Hanover County Board of Commissioners was held on the above date and time in the Commission Building with the following present: Chairman Meares Harriss, ~r., Vice-Chairman Berry A. 4dilliams, Commissioners J. M. Hall, Jr., John R. Oxenfeld; County Auditor Perry Shepard; County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board. INVOCATION - Chairman Harriss called the meeting to order and asked the Rev. George W. Ports, Jr., Pastor, Fifth Avenue Methodist Church, to give the invocation. APPROVAL OF MINUTES-- Mr. Fox, in his letter of February l~, 19'72 to Mr. Bowden, stated the following correction should be made to the minutes of February '7, 19'72: On Page 10 under heading of "Request for Refund of Taxes - Mrs. Anita Rivenbark" the last paragraph should read: "Mr. Hall moved, seconded by Mr. Williams, that the taxes be abated which were collected on a trailer for the past four years, due to clerical error." Motion carried unanimously. Mr. Llilliams moved, seconded by Mr. Hall, that the minutes be approved as corrected. Motion carried unanimously. BUESTION OF WIIETI~R CORONER AND MEDICAL EXAMINER SHOUI,D BE CAI,LED ON SAME CASE - Nr. Harriss questioned whether or not ansh~er had been obtained on this question which had been tabTed at last meeting. Nir: Bowden stated Medical Examiner attends with the Coroner because the Coroner cannot release the bodies. Mr. Bowden stated the Medical Examiners and Coroner are working closely together to get the most out of both services. INVOLVII`1ENT OF THE MUSEUI`i IN A JUNIOR CENTER - ~r. Bowden stated this ~aas a preliminary undertaking for the Museum. The Board of Education looks upon this ~aith £avor, but the Advisory Board of the Museum has not approved it; therefore, Mr. ~ster has repuested this matter be tabled today. Mr. E~ster has red,uced amount he formerly requested £or travel v.hich will be reflected in Mr. Shepard's report on reguests for transfer and appropriations. 7? MINUTES OF THE MEETING - FEBRUARY 21, 1972 - 9~00 A.M. (CONTINUED) CANDIDATES FOR COUNTY COMMISSIONERS - Mr. Harriss commented he was delighted with the number of people who have filed for County Commissioner seats and felt certain out of this group the public will be able to choose a good representative board which will do what they want it to do. Mr. Harriss again recognized Nrs. 4iright, a candidate, who has attended several meetings, and Mr. Peter Davis, another candidate, who was attending a meeting for the first time. Mr. Marks joined the meeting at this time. TRANSFERS AND APPROPRIATIONS - Mental Health: Mr. Shepard stated the County had received matching funds for the Drug Abuse Program from the State in amount of ~990, therefore, the County is required to furnish $990. Mr. Shepard reouested this be transferred from Unanticipated Revenue-Mental Health Budget to Drug Abuse-Niental Health Budget. Mr. Shepard. informed the Board the Mental Health Clinic was requesting a transfer o£ $600 from Budget Item Drugs to Budget Item Telephone and Postage. Inspection Office: Mr. Shepard informed the Board the Inspection Of£ice has requested transfer of. ~530 from Salaries to Office Supplies. Museum: Request was received from the Museum to transfer $250 from Insurance Account to Travel Account. At the last meeting $400 had been requested and request ~aas tabled until this meeting. After Mr. Bowden communicated with Mr. Egster, Mr. E~ster cancelled visit of con- sultant from the Valentine Museum in Richmond, making it possible to reduce amount requested for travel. The $250 requested today is for staff travel for the remainder of the year. Mr. Shepard informed the Board the ~250 should be appropriated from the Contingency Fund, because funds in the Insurance Account will be needed for Insurance. Mr: Hall moved, seconded by Mr. Oxenfeld, the above requests and appropriations be approved. Motion carried unanimously. MEDICAL BILL FOR PRISONER IN JAII, Bill in amount of 9b516 for medical services, covering a prisoner who was hurt in the jail by falling out of bed on September 2, was presented to the Board at its last meeting. Subject u~~as tabled to determine aahether or not the County might be covered by insurance or whether the prisoner might have insurance which could be applied to this bill. P"ir. Shepard stated he had talked with Mr. Geor~e Chadwick of the Insurance Advisory Committee, and Mr. Chadu~ick advised him there would be no insurance recovery since the man was in the custody of the County. Mr. Bowden stated he had discussed possiblity the County might be covered by insurance with Mr. Fox, but Mr. Fox stated to his knowledge the County is not covered. Also, possibility of injured man's insurance paying off was investigated., and he had no such insurance. Mr. Hall moved, seconded by Mr. Willians, that the bill be paid after the Auditor has been satisfied there is no other means of recovery, funds coming from the General Contingency Fu.nd. Motion carried unanimously. INSTAI,LkTION OF AREA LIGHTS ON SCHOOI, AND PARKS PROPERTY - Formal approval to appropriate funds to pay for four (4) area lights for schools was requested by the Chairman. Zights will cost $3.~5 each per month. Mr. Oxenfeld moved, seconded by Mr. Hall, that funds be appropriated for these lights, funds coming from the School E~znd Balance, and the Chairman be authorized to sign three year contract. Motion carried unanimously. ORDINANCE kEGULATING DISPENSING OF MOTOR FUEL TO THE PUBLIC - Mr. I,ouis J. Poisson, Attorney, representing oil jobbers in the area, appeared before the Board o£ Commissioners, requesting they adopt an ordinance regulatin~ the dispensing of motor £uel to the public by requiring attendants be present at the station and station equipped with fire extinguishers for motor fuel dispensing devices. Mr. Poisson stated there are three types of filling station operations: (1) fully attended, (2) self-service with attendants, and (3) sel£-vending with no attendants or supervision. Mr. Poisson stated oil jobbers are in favor of the passage of this ordinance. At this point Chief D. E. Millinor oS the Wilmington Fire Department vaas requested to join the Commissioners at the table. Mr. Poisson stated there are regulations in the City, but there are no regulations in the County. Mr. Poisson stated the proposed ordinance is based on one adopted by Forsyth County. The ordinance a~as reviewed by the County Attorney who made two changes which have been in- corporated in the ordinance. Chief Millinor pointed out the danger of fire at unattended self-service stations. The City has a code tahich provides for an attendant at all times. Mr. Millinor pointed out the possibility of a tank being broken resulting in fire which could cause serious problem at an unattended station. Mr. Harriss pointed out the fact that during state of an emergency, gasoline could be obtained raithout any supervision at all. Mr. Hall asked if there are any persons now owning unattended self-service stations. The oil jobbers present stated to their knowledge there are none in New Hanover County at this time. Nlr. Marks moved, seconded by Mr. Oxenfeld, adoption of the proposed ordinance, subject to the approval of the County ~ttorney. Motion carried unaninously. Following is the ordinance: MINUTES OF THE PriEET II3G - FEBRUARY 21, 1972 - 9~0o a.M. (COIVTINUED) ORDINANCE REGULATING DISPENSING OF MOTOR FUEL TO THE PUBLIC.(CONTINUED) - "AN ORDITdANCE REGUI,ATING THE DISPENSING OF MOTOR FUEL TO THE PUBLIC AND REQUIRING ATTENDANTS AND FIRE EXTINGUISHERS FOR MOTOR FUEL DISPENSING DEVICES "WAEREAS, it is recognized that motor fuels such as gasoline and diesel fuel are highly combustible liquids of an unstable nature when exposed to heat; "AND Wf~REAS, the Board of Commissioners of New Hanover County does determine that the distribution of motor fuel to the public through the use of unattended dispensing devices constitutes a hazard to the public health, safety, and welfare in that such highly flammable and explosive liquids are extremely dangerous when improperly handled or dispensed; "NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners o£ New Hanover County: "SECTION 1. DEFINITIONS. I "A. 'Gasoline' shall mean refined petroleum naphtha which by its com- position is suitable for use as a carburetant in internal combustion engines. "B. 'Notor F~zel' shall mean all products commonly or commercially known or sold as gasoline, regardless of their classification or uses, and any liquid pre- pared, advertised, offered for sale or sold for use as or commonly and commercially used as a£uel in internal combustion engines. In addition, such term shall mean any volatile and inflammable liguid sold or used, or offered for sale or use to propel a motor vehicle. "C. 'Person' shall mean any individual, firm, partnership, association, in- stitution, corporation, club,-business, proprietorship, or other establishment, public or private. "SECTION 2. ATTENDAiVT. All motor fuel dispensing devices for use by or on behalf of the public, including but not limited to those which are preset, remote preset, coin-operated, card-operated, or money-operated, shall have at least one attendant on duty on the premises whereon said devices are located at all times such devices are open to or available for use by or on behalf of the public. It shall be the duty of such attendant to supervise, observe and control the dis- pensing of motor fuel by such device or devices; provided, however, that nothing herein shall be construed as prohibiting a customer or user from operating the device and serving himself so long as said attendant is on duty on the premises to insure that said motor fuel is dispensed to eliminate to the extent possible the risk of bodily injury and property damage which could result from the improper handling or use o£ the dispensing device. "SECTION 3. FIRE EXTINGUISHER. There shall be present and available for use on the premises whereon is located any motor fuel dispensing device as referred to in Section 2 herein above at least one fire extinguisher, in good working con- dition, suitable £or and effective against fires of flammable liquids, gase.s and greases, which extinguisher shall be capable o£ extinguishing a 25-square-foot area of flammable liquid fire, and shall be located within 100 feet o£ the motor fuel dispensing device or devices. "SECTION 4. VIOLATIONS. Any person who shall violate the provisions of this ordinance shall be guilty of a misdemeanor punishable by a fine of not more than $50.00 or imprisonment for not more than 30 days in the discretion of the Court, as provided by Section 14-4 of the General Statutes of North Carolina. "SECTION 5. SEVERABILITY. Tf any section, clause, provision, or portion of this ordinance is held to be invalid by any court of competent jurisdiction, such decision shall not affect or impair any other section, clause, provision, or portion of this ordinance. "SECTION 6. This ordinance shall be effective within the corporate limits and extra territorial jurisdiction of any municipality within New Hanover County which shall so agree by appropriate resolution. "SECTION 7. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its adoption. "Adopted this the 21st day of February, 19'72." Mr. Harriss called attention to the £act the ordinance will not be effective in any municipality within New Hanover County unless they so agree by appropriate resolution. Mr. Bowden was requested to acquaint the three municipalities within the County of the adoption of this ordinance by the Board o£ County Commissioners. PUBLIC HEARING - REZONING AND SPECIAL USE PERMITS - Chairman Harriss declared public hearing open to consider requests for rezoning and special use permits. Mr. Mallory, Planning Director, presented the follor:in~ requests: REZONING (1) 6300 Block of Market Street betth~een Elisha Drive and Green Meadows Drive on the east side of the street from R-15 (Single Family District) to B-2 (Business District) in Zoning Area #6. I"ir. Mallory informed the Board the Planning Commission recommends approval. There is only one residence in this area, and the owner does not anticipate any enlargement. Mr. Marks raised guestion of set back for access road. Mr. Mallory pointed out the Zoning Ordinance provides all businesses within the B-2 Zone be set back fifty £eet. Mr. Marks stated he was of the opinion the Planning Department had been requested to give con- sideration to amending the ordinance to require further set back. It vras pointed out if set backs of sufficient depths are not required, it v~ill be very expensive to the Highiaay Depart- ment if it ever decides to vaiden these highways. ?9 MINUTES OF THE MEETING - FEBRUARY 21, 1972 - 9:0o A.M. (COTdTINUED) PUBLIC HEARING - REZONING AND SPECIAZ USE PERPYITS (CONTINUED) - Mr. Mallory stated one o£ his planners had been away at school but will be returning next week, and he will assign him this project to study as soon as possible. Mr. Hall moved, seconded by Mr. Williams, request be granted to rezone area as re- commended by the Planning Commission. Motion carried unanimously. REZONING (2) Property at Wrightsville Sound on the South side of U. S. Highway '74 approximately 1,300 feet west of the intersection of U. S. '74 and '76 and being between Motts Creek and Southerland Avenue from a depth of 200 feet to a depth of approximately 450 feet from R-15 (Single Family District) to B-1 (Business District) in Zoning Area #2. . Nir. Mallory informed the Board the front portion of the propert9 exists in a B-1 dis- trict. The request is to increase the depth of this B-1 Zoning. The official request before the Planning Commission was to request property all the way to U. S. 76 be rezoned. The Planning Commission did not desire to see B-1 usage in this area along '76, so they have re- commended rezoning of this area providing that the business district stop 300 feet from U. S. '76. The total depth will be approximately 650 feet. Mr. Mallory stated there was an objection by Mr. E. H. Southerland, Jr. Ae objected to the entire request and this is one of the reasons .the Planning Commission stopped rezoning 300 feet north of U. S. ~6. Mr. Robert Calder, Attorney, spoke."for Mr. Southerland. NLr. Calder stated P1r. Southerland objected to this request at the Planning Commission meeting due to a misunderstanding. Nir. Southerland thought the whole triangle there was to be re- zoned. Mr. Oxenfeld moved, seconded by Mr. Marks, the request be granted as recommended by the Planning Commission. Motion carried unanimously. fFor Ordinance adopted rezoning property, see Zoning Ordinance Book I, Section 2, Page 3.) Mr. Mallory presented Special Use Permit Requests at this time: Special Use Permit Application (1) Application for Special Use Permit to use property at 4'702 South College Road (New Testament Baptist Church) for private school and kindergarten in R-15 (Single Family District) in Masonboro Zoning Area. Mr. Mallory stated even though the request is for both a private school and kindergarten, the immediate plan, as presented to the Planning Department, is for the operation of a kindergarten. The private school is something in their distant plans, but they did want to include this in this special use permit request, so if they do decide to have a private school, they will not have to pay another $25 for the same procedure. The Planning Commission recommends issuance of the special use permit subject to the following conditions: 1. All structures comply with Section 519 of the State Building Code. 2. Any additional play area used for kindergarten be fenced. 3. Prior to establishing a private school plan for the school operation such as grade levels, facilities used for school operation, outside recreational area, and off-street parking be approved by the Planning Department. 4. Subject to plans submitted ioith the Application for Special Use Permit. Mr. Williams moved, seconded by Mr. Hall, approval of this special use permit as re- commended by the Planning Department and subject to the provisions set out by the Planning Department. Motion carried unanimously. Special Use Permit Application (2) Application £or Special Use Permit to use property at Lot 10, Block 6, Section C of Silver Lake Subdivision on Horn Road for Duplex Apartment in R-15 (Single Family District) in Zoning Area ~4. Mr. Plallory stated this area on Horn Road has several existin~ duplexes. The Planning Department recommends the granting of this special use permit, subject to the following: 1. Approval of lot size by the New Hanover County Health Department based on the method of sewerage disposal. 2. Subject to the plans submitted with the Application for Special Use Permit. Mr. Marks pointed out ordinance had recently been adopted whereby size of lot would be multiplied by the number of families that U~ould occupy the area. Mr. Mallory stated this was wk~y the Planning Department recommends that one of the conditions of the special use permit is lot size be approved by the Health Department. Mr. Mallory said he felt this would comply with the ordinance; the duplex will be on a 20,000 foot lot. Mr. Hall moved, seconded by Mr. Marks, that the request be granted subject to the con- ditions stated in the recommendations of the Planning Department. Motion carried unanimously. Mr. Harriss declared Public Hearing closed at this time. SUBDIVISION Pi~AT - MiZLBR00K~ SECTION 2- Mr. Jerry Ramsey, Assistant Planning Director, presented Subdivision Plat of Millbrook, Section 2, located off State Road 1505 and located in the Nasonboro Zoning Area. The first section was approved on a 25-lot basis. The Planning Commission has received a letter from the State Hightiaay Commission stating the roads have been constructed basically to their standards and ~aould be added to their system vahen enou~h residents apply. This is another 25-lot section. This plat has been redievaed by the Subdivision Review Committee who re- commends approval. Mr. Oxenfeld moved, seconded by ~r. Hall, that the plat o£ Nillbrook, Section 2, be approved and the Chairman be authorized to sign the plat. Motion carried unanimously. MINUTES OF THE MEETING - FEBRUARY 21, 1972 - 9:0o A.M. (CONTINUED) DISCUSSION OF TRASH PROBLEP'i (MR. HORACE KING & OTHERS) - Mr. Horace King, Roofing Contractor, appeared before the Commissioners along with Mr. Henry Miller, Mr. Luther Rogers, local Building Contractors; Mr. King, Pioneer Roofing; Mr. Lee Dowless, Roofing Contractor; and Mr. Burriss, General Contractor. Nir. Horace King stated the problem they are having is that the landfills do not accept roofing materials and they have nowhere to put their trash. Mr. Harriss clarified the point that the~materials are being refused by the State Department of Health, not by the County. The Health Department is responsible for the regulations. Mr. King requested the County do something about the situation. Nir. Henry Miller spoke representing his son who was unable to be present. Mr. Miller stated he was not having problems at this time, but the roofing contractors are, and he would like to see them get some relief. Mr. Hall stated the Commissioners are a~aare of the situation and are working to solve the problem. Mr. Harriss stated the Commissioners have been struggling with the problem for sometime and are not standing still on it, but there are several thin~s that affect it. First of all these landfill operations the County has are called Sanitary Landfills, and as such are devoted largely to disposal of garbage and materials which deteriorate and attract rodents and cause flies. Burning has been ruled out as method of trash disposal by the State. Mr. Harriss stated building materials would fill up landfill space so rapidly that the County would run out of sites before the County could get started. Mr. Harriss stated he had scheduled a meeting with some £ederal people, Dr. Thomas Linton of the Conservation and Development Department; Corps of Engineers, State Water and Air Resources; and the State Health Department which will consider disposal of much o£ this type o£ material, masonry rubble, tires, auto bodies, etc. It is going to be.suggested anything that can be used to construct artificial reefs be disposed.of by depositing in selected sites so as to both provide an acceptabl~ meax~s of disposal and to enhance fishing and opportunities for marine science observation on~~his coast. Mr. Harriss assured those present that disposal o£ roofing materials would be discussed at this meeting. Mr. Horace King su~gested roofing materials would be ~ood to fill low spots. Mr. Harriss stated if such r!ere used to fill in swamps and this comes under definition o£ navigable waters, this would come under the jurisdiction of the State who is not giving permission for this sort of thing. out. In conclusion Mr. Harriss stated he felt sure some solution to the problem will be worked Mr. Boyaden pointed out the County Land£ill site near Carolina Beach consists of"only 14 acres which is one of the reasons it oras closed to demolition materials. ROADS- RESPONSIBILITY OF PTE4,~ HAnTOVER COiJNTY - Mr. Harriss discussed roads-in I~Tew Hanover County that are not State Highways. Mr. Harriss noted letter from a gentlemen in the Seagate area demanding the County do somethin~ about a hole in a road in front of his home, the roadway having been dedicated to the County some years ago. Mr. Harriss sta+ed the County, at one time, was in the County road business. In the thirties the County turned over all of its road systems to the State, and the State accepted maintenance of all roads. Mr. Harriss stated he s•ranted to make it clear that while the County is ready to help any citizens who are af£ected by road problems by going to the State Highway Department with them, the County is not at all responsible for calling bad roads to the attention o£ the State Highway Department. The County does not maintain any roads and has no responsibility for roads. Mr. Harriss pointed out the County has, in the Subdivision Ordinance adopted by the County, required that any subdivision desiring to be approved by the County have road require- ments that will be acceptable to the State. In this measure the citizens of the County are being protected from any future possible situations in which they might feel the developer has let them down. Mr. Hall stated developers may be critical of the stringent regulations, but the County has obligation to protect persons buying homes. Mr. Hall pointed out problems in certain subdivisions that r~ere developed be£ore the restrictions became effective. Mr. Williams called attention to the fact not one cent of taxes collected by the County is being levied for the cdnstruction of or maintenance of roads, and the County cannot legally do so. STUDY COMMITTEE FOR MUNICIPAL BUIZDING COMPI,EX - Mr. Harriss called attention to the fact that the Courthouse for sometime has been over- crowded by trying to accommodate all functions there. It has proved impossible and the County offices are scattered all over town. It has become apparent that sooner or later a building problem is going to be upon the County. ~r. Harriss asked for authority of the other Commissioners to appoint a study commission from names of persons submitted by the Commissioners to initiate action on this matter as to location, size, necessity, and what functions should be contained. Mr. Harriss stated this complex also might house City functions; it certainly will be required if the two governments are consolidated. Prir. rarks su~gested updating space study made b9 the Planning Department a few years ago. P1r. Harriss stated he proposed to ~o further than that; first to establish necessity in order to have basis from which to work. Secondly, matter of location was not taken up in that study. Mr. Marks expressed feeling this cannot be done until question of consolidation is resolved. rir. Williams pointed out the study recommended a committee be appointed to study the matter.further and felt Mr. Harriss' thought in appointing a committee is in order. Mr. Williams stated the County Courthouse is no longer a County Courthouse; it is more nearly a State Of£ice Building. At the present there are Sive court rooms, Judges offices, Clerk of Court Offices, office for Probation Officers, and the Zaw Library. r NINUTES OF THE MEETING - FEBRUARY 21, 1972 - 9:0o n.M. (COIQTINUED) STUDY COMMITTEE FOR MTNICIPAL BUILDING COMPLEX (CONTINUED) - The County has been requested to move the Tax Collection office out of City Hall. Mr. Williams expressed feeling it is time to d"eteriniri~ some concrete recommendations. Mr. h'illiams moved, seconded by Mr. Marks, that the Chairman be authorized to appoint a committee to study the report that has already been made by the Planning Department kith request, if it is needed, they be requested to update the report for the committee. Also, such other studies that are needed be made, and concrete recommendations made to the County Commissioners as soon as the committee can do so. Motion carried'unanimously. By common consent it was agreed the Commissioners furnish the Chairman names of persons they would like to serve on this committee from which the Chairman tioill compile a list for presentation at the next meeting for consideration. Discussion was held on number to be on the committee. Mr. Marks suggested no more than five. Mr. Harriss was of the opinion this can be worked out later. LATE TAX ZISTING PENALTY - BERLIN-MILES. INC. - Mr. k~illiam J. Mor~an, Attorney, represented Berlin-~iles, Inc. at this ~ime. Mr. Norgan req_uested compromise of the penalty on the basis he felt the State Zegislature,in putting provision in the Statute permitting compromises,were cognizant of the fact there were situations i~~here the entire 10% penalty might not be proper. Mr. Morgan stated Berlin- Miles;;Inc. has owned property in New Hanover County since 1966 or 196`7 and had listed on time every year but this particular one. Mr. Morgan presented affidavit not to show they vaere not late listing, but to show the reason they were not on time was because of an unintentional oversight and no willful con- cealment. Affidavit was by Douglas Thrasher, Treasurer and Accounting Officer of Berlin- Miles, stating it was his responsibility to list the property and, stating abstract was prepared in his handv~riting on January 29, 1971, was put in postage meter and his outgoing mail. He does not know wt~y it tiaas mot mailed. Also, Mr. Morgan stated Nir. Thrasher stated on the same day two listings were prepared for two other counties in North Carolina which v~ere received on time and there was no late listing penalty charged. Mr. Harriss informed Mr. Norgan that the County's policy has been to impose the penalty unless a person has been unable to list due to illness. Mr. Morgan stated the other listings re£erred to ~aere in Alamance County and Pitt County. Mr. Marks moved, seconded by Mr. Hall, the matter be tabled, subject to appropriate affidavits indicating the similarity of this listin~ and those who were delivered to other counties as to dates signed and date received from the Tax Assessor or whoever was involved. Motion carried unanimously. LATE TAX I;ISTING PETdAI,TY -_LEO~ R.,_ SPT~RROW. T/A. BAME HOTEL ~-_ This subject ~vas tabled at the last meeting in order to obtain further information. Mr. Harriss summarized circumstances. The property was ou~ned by I,eon R. Sparrow iahen the non-listing took place. Property was later repossessed by firm representing the Bames. They wsre unaoaare property had not been listed. Zetter was read from the County Attorney ' which stated the County has authority to compromise taxes, penalty and interest applicable to property, however the Commissioners do not have power to abate these taxes and the ta~tes should not be discharged or released. ~llso, if compromise is reached it should require some realistic payment. Mr. Williams stated he felt penalty or substantial portion of penalty should be £orgiven since the present o~~ners had no responsibility for listing property and the previous owner did. Mr. Williams felt the interest should stay inasmuch as the owner had the use of the money for that length of time. Mr. Williams moved, seconded by Nir. Hall, that portion of penalty in amount of $73.59 be waived. Notion carried unanimously. RE9UEST TO PURCHASE COUTITT-OI~NED PROPERTY - Mr. Neil Blake, Jr., of Blake's Carolina Country Meats, Inc., appeared before the Board and requested he be permitted to purchase '].56 acres of land located on the east side of North 23rd Street across from the North Side Waste Treatment Plant. Mr. Blake intends to use this land £or a meat processin~ plant and this particular site has been approved for such use by the U.S.D.A. The Company will employ approximately 20 people. The land was appraised by the County Tax Appraiser for $24,080.00 and Mr. Blake agreed to pay this price. Mr. Williams stated he felt any land sold adjacent to the Airport should contain an avigation easement. Mr. Blake was in agreement i•rith this. Nr. Harriss suggested having an independent appraiser appraise the property. Mr. Hall stated he was willing to take the County Tax Appraiser's opinion. After discussion, it was agreed to take the Counts Tax Appraiser's figure. ~`ir. Hall moved, seconded by Mr. Marks, that the property be sold to Mr. Blake £or $24,080.00 which is the figure the County Tax Appraiser has placed on the property, subject to an avi$ation easement and discussion of other factors which might go in there due to intended change of o*ranership and subject to discussion by the Airport Commission and the County Attorney. Motion carried unanimously. DRAINAGE - TANGLEW00D - A group appeared before the Board to discuss problem of drainage in Tanglewood. Mr. James D. Stevenson was spokesman for the group. Mr. Stevenson had written a letter to the State Board of Health who sent someone down to investigate along with Mr. Cranford who promised to clear the ditches. ~ Nir. Stevenson stated, when questioned by Mr. 4Jilliams, that they do not need a dragline but need a crew to hand clean the ditches. MINUTES OF THE MEETING - FEBRUARY 21, i9~2 - 9~0o A.M. (COVTINUED) DRAINAGE - TANGLEWOOD (CONTINUED) - Mr. Harriss stated the Board of Commissioners should make the strongest possible repre- sentation to Dr. Knox to have Mr. Cranford go there and immediately clear this ditch so that water flows through it. I`fr. Harriss stated this deserves immediate attention, and if it_cai~not be gotten £rom Mr. Cran£ord, the Board should hire people and charge it to the Btzdget of the Health Department. Mr. Harriss informed the Board it would be necessary to have permanent easements in order to put machinery on property, if machinery is required. Mr. Harriss stated the County is responsible for cleaning major ditches but not small ones on individual property. Meeting recessed at 11:15 A.M. Meeting reconvened at 11:25 A.T~. Mr. Cranford was called to the meeting. P'ir. Harriss stated, with the concurrence of the Board, that he oaas asking Mr. Bowden, Mr. Epling, Nir. Cranford, and Mr. Stevenson to consult together and come up with a workable solution for this drainage problem Sor{;hwith. Pir. Cranford stated the State Engineer was in ldilmington and he would also consult with them. PROCLAMATION - ENGINEER'S WEEK - Ifir. Harriss iaelcomed Mr. Hugh Hardaway, Director of Engineering, State Ports Authority, Col. Albert Costanzo, District Engineer for the Wilmington Corps of Engineers and others. Mr. Hardaway spoke saying this is an annual undertaking during the month of February to proclaim En~ineer's Week to better acquaint the citizens roaith advances in the fields of engineering. Mr. Harriss read the following proclamation: "P R 0 C L A M A T I 0 N "Wf~REAS, the Nation looks to En~ineers for application of science, skill, training and experience in meeting serious national problems, and °4JI~~Rr.AS, we are indebted to Professional Engineers for technology, prosperity, high health and living standards in providing for human needs, and "kT~REAS, we o~n~e much to members o£ the engineering profession who have pioneered, developed and brought to fruition, many of the benefits in our economic, industrial, and social well-being, and "Wf~REAS, it is fitting that iae set aside a week for acknowledgin~ and commemorating the important role of the Professional Engineer in American life, "N041, THEREFORE, I, Meares Harriss, Jr., Chairman of the NeoJ Hanover County Board of Commissioners, do hereby proclaim the vaeek of February 21-2~, 19'72 as ENGIivr.r.xS' G7EEK in Ne~a Hanover County, and ur~e our people to become better acquainted with out- standing advances in the fields of engineering.. (s) Meares Harriss, Jr. Chairman. Board of County Commissioners" Mr. Oxenfeld moved, seconded by Nir. Williams, that the week of February 21-2'], 19']2 be proclaimed as Engineers' Week and the Chairman be authorized to sign the proclamation. Motion carried unanimously. FEDERAL FLOOD INSURANCE - RESOLUTION TO PARTICIPATE - Mr. Grubbs stated for the County to participate in the Federal Flood Tide Insurance Pro- gram it is necessary to indicate, in a resolution type form, the County's interest and desire to participate in the program. Mr. Bowden stated this program includes unincorporated areas o£ the County; not municipal areas. The Insurance Program makes it possible for individuals who have had difficulty in obtaining flood insurance to have this insurance by the County guaranteeing that in the future it wi11 take certain flood controls into consideration when determining regulations, etc. in their ordinances. Certain guidelines are set up which the County must follow. Most of these, if not all, have been set up by New Hanover County by adopting the North Carolina Building Codes, Subdivision Regulations, etc. Mr. Grubbs stated the Federal Agency does stipulate in the £uture, if they see an area that is flood hazard area and they feel certai.n requirements should be fulfilled in order to provide insurance for these people, the County must by ordinance or any other method reguire this. rir. Grubbs stated the Corps of Engineers will make a study for this program to determine what areas are flood prone, and HUD i•rill let the County know what the requirements are. Mr. Grubbs reiterated what P1r. Bowden had said; it does include the unincorporated areas of the County and not municipalities. Mr. Harriss read the following resolution: "STATE OF NOHTH CAROI,INA : "COUNTY OF NEW HANOVER . RESOLUTION "WHEREAS, New Hanover County is a coastal county subject to £lood tides, and "WHEREAS, the citizens of New Hanover County cannot supply themselves with flood tide insurance, and "Wf~REAS, these insurances can be provided through the Flood Tide Insurance Program; 8~ MINUTES OF THE MEETING - FEBRUkRY 21, 1972 - 9:0o k.M. (CONTINiTED) FEDERAL FLOOD INSURAIQCE.-.RESOLUTIOPI.TO PARTICIPS~TE .(CONTINUED) - "NOW, therefore, be it resolved, that the 1Vew Hanover County Board of Commis- sioners acknovaled~es the need for adeo,uate insurance protection and, hereby, ex- presses their desire to participate in the Federal Tide Insurance Pro~ram. "Dated at Wilmington, North Carolina this 21st day of February, 1972. (s) Meares Har.riss, Jr. Chairman New Hanover County Board o£ Commissioners:' Mr. 4Jilliams moved, seconded by Mr. Hall, resolution be approved and the Chairman be authorized to sign the resolution. Motion carried unanimously. JUVENILE SERVICES CEnTER - Mr. Grubbs stated the Commissioners had been furnished memo containing recommendations of Mr. Bowden concerning staffin~ of the Center. Also, the Commissioners u!ere furnished copy of Mr. Knopf's recommendations. The positions recommended by Nr. Bowden generally are the same as those recommended by Mr. Knopf with the exception of two which were eliminated. Mr. Narks asked if any of the Commissioners had compared these recommendations to the proposal for the Center which the Board had received about a~*ear ago. It was presented to the Board and approved April 5, 19'71. The report oaas prepared by the Lo~•aer Cape Fear Planning Unit Juvenile Detention Committee. Mr. Marks stated the Board was sold on need for facility, the Board accepted their recommendations for the functions of it, and their recommendations for the financial structure. Mr. Marks stated he saw no resemblance beti~een these recommenda- tions and the statements made to the Commissioners by the Juvenile Detention Committee. Mr. Marks stated he could not justify these variations. Mr. Marks was of the opinion this should be referred back to the Juvenile Detention Committee for them to check the present recommendations received from Mr. Knopf against their evaluation when they presented their study to the Board a year ago. Mr. Marks stated the Social Service Director is the ChieY Probation Officer for Juveniles. Under the General Statutes when the Juvenile Services Center begins operation, she will still retain that responsibility under the Courts, the Chief Juvenile Probation Of£icer, even after the Center is in operation. Presently, a Social Services staf£ member, Mr. Bradsher, is the Chief Court Counselor. He is on her payroll. The salar9 grade is ']1 starting at $10,824. If the center is staf£ed by the Social Services Director, Miss Hall, and all Detention Staff will be on her payroll, the County will receive State and Federal matching funds totaling 83%, and the proposal that is being presented here is a grant of 75%. Under this, the County can save 8%. The non-professionals will be total County expense, the same as it is now. The original Juvenile Detention Committee composed of Mr. Charlie Brown, rirs. Ethel Booth, Mr. John Godm~in, Mr. William T. Childs, Mr. J. M. Hall, Miss Lela Moore Hall and Judge Gilbert Burnett came back to the Board with this report and their recommendation to build this center, and also recommended the staffing of it. This committee reported their recommendations were based on the Forsyth County operation. The total budget for Forsyth County amounted to $57,429, including the salary budget of $2~,8'76 for 19'70-71. The proposed salary for Ne~, Hanover County alone is $59,878 as compared to $2~,8']6 for Forsyth. Nr. Marks stated ~~ith this amount in salaries the total budget will be in the neighborhood of $100,000 as compared to Forsyth . County's budget of $5'7,429. Mr. Narks moved, seconded by Mr. Hall, that this matter be referred to the original committee for re-evaluation about the 4aide variation in the cost of operation and inguire if the center may be staffed and supervised by the Social Services llepartment, and at tiahat cost to New Hanover County. Mr. Williams stated he felt Mr. Marks' recommendation deserves further consideration, and he felt sure the committee would tivant to look into the legal aspects of the operation. ~ Mr. Williams further stated he ~~ras of the opinion the supervision of this center will come under the Chief Judge of the 5th Judicial District Court. Mr. Williams suggested Mr. Grubbs and Mr. Bowden be added to the committee. ~r. Marks agreed to this. Mr. Hall suggested providing funds for travel for the committee to go to Forsyth County for study of the Juvenile Services Center there. Mr. 4Jilliams suggested funds may still be available in the funds provided by the Law En£orcement Planning Unit. Mr. Marks restated his motion, seconded by Mr. Hall, that the matter be referred back to a committee composed of the ori~inal committee, Mr. Bowden and Mr.. Grubbs with instructions and authorization to make such investigations, which might include travel, as would aid in their final determination. Also, the regional concept of the use of this facility be stressed in all considerations, and investigate the possibility, or desirability of staffing it through the Social Services Department in the interest of an 83/ participation for professional staff. Vote was called on motion. It carried unanimously. CHAi~~GING NAP~S OF STREETS - Mr. Bowden stated he had letter from Mr. Jerry Ramsey, Assistant Director of Planning, requesting changing names o£ streets as follou~s: Beasle5 Drive in Millbrook Subdivision to John B. Drive and S.R. 1505 named Beasley Road. Mr. Oxenfeld moved, seconded by Mr. Williams, the changes be approved. Motion carried unanimously. PROJECTS IN COURTHOUSE - Mr. Bowden gave progress report on work to be done in the Courthouse. Mr. John Jefferies, Architect, has been commissioned to do the plans and specifications and has furnished Mr. Bowden contract covering same. Mr. Bowden hopes bids can be called for by the first part of March. Work will consist of central air conditioning, additional lights in the Tax Of£ice, Clerk of Court offices, and the Re~ister of Deeds Office. Mr. Bowden stated contracts were drawn up in IQovember, but this is the first time he and the architect have had a chance to go over the work. The architect's fee is the standard fee. Mr. Oxenfeld moved, seconded by Mr. Williams, that the Chairman be authorized to sign the agreement, subject to review by the County Attorney. Motion carried unanimously. Mr. Bowden stated this does not cover work of reworkin~ the jury box or the seats in the Courthouse. Ae stated he was to appear before Judge James and the ~rand Jury at 2:00 P.M. NINUTES OF THE MEETING - FEBRUARY 21, i9~.2 - 9~00 ~.M. (CONTINUED) PROJECTS IN COURTHOUSE (CONTII~OED) - to advise status of work. NOTE OF THANKS FROM MR. THOMAS E. CAPPS - Mr. Bor:den informed the Board he had comnunication from Mr. Thomas E. Capps thanking the Board for the resolution concerning his father, Mr. "Pete" Capps. CHARTER COMMISSION MEETING - rr. Bowden reminded the Board of Charter Commission meeting on Tuesday, February 22 at 8:30 A.M. in the Commission Room. REPORT ON QUARTERS FOR HEALTH DEPARTMEPT`i' - Mr. Harriss informed the Board that a special meeting held last week by the Board of Health they voted to recommend building a new building. Mr. Harriss and Mr. Narks voted "No". Mr. Harriss stated Mr. Marks was o£ the opinion estimate fi~ures furnished by Medical Care Commission on cost of renovating were too high and stated he would like to let bids to see exactly what cost would be. ~r. Marks stated it would cost an additional $6,000 to bring matters to the point where bids can be called for. Mr. Harriss stated it was evident from several doctors present there ~vould be opposition from the Medical Community in locating the Health Department in the area of Tenth and Rankin Streets. Mr. Hall stated he felt somewhat like the Aealth Board, not so much on the location, but it would cost just about as much to have an old facility which isn't quite like you want it or u~hat is needed as to have a neva one that is built to your own specifications and something you would want to use. Mr. Harriss expressed view that the Mental Health can be combined vaith the Health llepart- ment when steps are taken. Mr. Oxenfeld stated he voted "Yes" on the motion for a new building because he felt it the proper thing -to do. Nr. Oxenfeld thanked Mr. Marks for the tremendous amount of work he did on the study. DEMOLISHMENT OF JAMES G,rALKER HOSPITAL BUILDINGS - Mr. Williams expressed opinion decision should be reached concerning demolishing other buildings at the site of the old James 4Jalker Hospital. Mr. Marks stated he thought the building which was considered to, house the Health Depart- ment is too valuable to demolish. Mr. Nlarks stated he thought it was worth $200,000 to the County if it were rehabilitated for County use. Mr. Marks stated he felt the Health Department should be housed where the people it will serve are located. Mr. Marks suggested this building could be used for the Board of Fducation Headquarters. Mr. Harriss stated he £elt there was a possibility it could be used for the Tax Office. ~ Mr. Aarriss stated the doctors stated if the Health Department were near the hospital they would have use of facilities of the hospital for necessary treatment. Also, when the hospital was planned there was tentative provisions for the Health Department on the north- west corner of the property. Dr. Knos: reported there are clinics bein~ held in the critical areas at the housing projects, the community centers and other locations which does bring the Health Department services more closely to the people who need it and to some that cannot even afford transportation. Mr. Harriss stated in view of this the County should look very ouickly for another use for the building unless the County is going to demolish it. Mr. Bowden stated the Tax Collector's office is going to have to be moved and he plans to put the tax office all together. Also, the ~heri£f's Department needs space in the base- ment where the inspection office is located. Mr. Bowden stated when moving the tax office, consideration should be given to the fact that attorneys have to work very closely with the Register of Deeds Office and the fact that the Tax Office has to work closely with the Re~ister of Deeds of£ice and Inspection office. Mr. Bowden stated he had been looking at places nearby and would not like to see the Tax Office moved to Tenth Street. , Mr. Bowden stated Mr. Epling requested instructions on demolishment or rehabilitation of the building in question. Major repairs must be made to the roof if it is not demolished. Mr. Epling recommended demolishing the building. Mr. Harriss called attention to high cost of rent for office space. Mr. Hall moved, seconded by Mr. Oxenfeld, that the Board proceed o~ith plans for the con- struction of a new facility for the Health Department and to take into consideration possibility of it being in the proximity of the Mental Health Center on the grounds of New Hanover Memorial Hospital. Motion carried four to one. Mr. Marks voted "No". Mr. Marks suggested moving the Sheriff's Department to this building. No decision taas made on this. After further discussion on demolition, Mr. Oxen£eld moved the matter be de£erred until the next meeting. Mr. Marks made a substitute motion, seconded by Mr. Hall, that the matter be tabled. Motion carried unanimously. Nr. Harriss reo,uested the Board be furnished copy of Mr. Epling's statement on the building, and also, that Mr. Bowden look into possibility of the building being used for some other county functions. RESIGATATION OF MR. L. W. LATHAM FROM SEDC - Mr. Marks called attention to resignation of Nir. L. 41. I,atham from the SEDC. Mr. Marks moved, seconded by Mr. Oxenfeld, that letter be written accepting NLr. Latham's resignation with regret and thanking him for his services._ Motion carried unanimously. ~a~ MINUTES OF THE MEETING - FEBRUARY 21, i972 - 9:0o n.M. (CONTINUED) APP6INTMENT OF MRS. AUGUSTA COOPER TO BOARD OF DIRECTORS OF SEDC - Mr. Marks moved, seconded by Mr. Hall, that the Board of County Commissioners accept the selection of the minority groups for representation on the SEDC Board of Directors, Mrs. Augusta Cooper. Motion carried unanimously. ADJOURIVNiENT - There being no further business to come before the Board, Nir. Oxenfeld move, seconded by Mr. Hall, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board /hs MINUTES OF THE MEETING - MARCH 6, 1a'72 - 9:00 A. M. ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Board of Commissioners was held on the above date and time in the Commission Building with the following present: Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., John R. Oxenfeld; County kuditor Perry Shepard; County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board. Chairman Harriss was absent because of illness. INVOCATION - Vice-Chairman Berry A. Williams called the meeting to order and, in the absence of the scheduled minister, asked Commissioner Oxenfeld to give the invocation. APPROVAL OF MINUTES - Mr. Oxenfeld moved, seconded by Mr. Hall, that the minutes o£ meeting of February 2'I, '1982 be approved as written. Motion carried unanimously. ACTION TAKEN ON FEBRUARY 2'I, '1972 ON REZONING REQ.UEST RESCINDED - REDRAFTED ORDINANCE APPROVED Mr. Neil Mallory, Planning Director, appeared before the Board stating request for rezoning in the 6300 Block of Market Street between Elisha Drive and Green Meadows Drive on the east side of the street £rom R-'15 (Single Family District) to B-2 (Business District) in Zonin~ Area #6 was heard at the last Commissioners' meeting and action taken approving the request. However, the ordinance prepared by the Planning Department to make change in the 0£ficial Map u=as in error. The Planning Department was informed that a particular roadway right-of-wa3~ was dedicated but it actually has not been dedicated. Mr. Mallory stated the ordinance had been redrafted and he oras requestin~ action be rescinded on the previous ordinance and the redrafted one be approved which contains accurate description of the property to be rezoned. Mr. Hall moved, seconded by Mr. Oxenfeld, in view of the error which was=uncovered by the Planning Department, the action referred to relative to rezoning of property in the 6300 Block of Market Street which has reference to Madeline Drive be rescinded. Motion carried unanimously. Mr. Mallory stated the Planning Department recommends approval of the redrafted ordinance which has no reference to Madeline Drive. Mr. Hall moved, seconded by Mr. Oxenfeld, the redrafted ordinance be approved and the Board of Commissioners be authorized to sign it. Motion carried. unanimously. (For Ordinance adopted rezoning property, see Zoning Ordinance Book I, Section 6, Page 3.) SPECIAL USE PERMIT APPAOVED AT FEBRUARY 2'I. '1972 MEETING AMENDED - Nr. Mallory appeared before the Board re~arding request for special use permit to use property at 4702 South College Road (New Testament Baptist Church) for private school and kindergarten in R-'15 (Single Family District) in Masonboro Zoning Area. The Board of Commissioners approved the request at its February 2'Ist meeting subject to four conditions set out by the Planning Commission. Today Mr. Mallory requested the first cond.ition be amended to read: "'I. All structures comply with applicable building codes." Mr. Mallory stated the Planning Department feels to require the structures comply with Section 5~9 of the State Building Code, as £irst recommended, is too restrictive for the use the church is going to make of the property. Nr. Oxenfeld moved, seconded by Mr. Hall, the first condition recommended by the Planning Department be amended as requested. Motion carried unanimously. County Attorney James C. Fox joined the meeting at this time. STUDY OF POSSIBLE FLOODING OF VARIOUS MAJOR STREAMS TI3ROUGHOUT THE COUNTY BY THE CORPS OF ENGIN~~xS - Mr. Mallory stated the Ylanning llepartment has been very interested in the Corps of Engineers making a study of possible flooding of various major streams and tributaries throughout the County. Such a study has also been of interest to the City who was almost at the point o£ submitting an application to the Corps...of Engineers. The Planning Depart- ment £eels such a study should be performed for all of New Hanover County, not just for the City or for the County. Based on this assumption, representatives of the City, County, and Planning Department met with representatives of the Corps of Engineers and discussed proposed study mutually as to what would be the best procedure. The Corps of Engineers advised it would be suf£icient, as far as they were concerned, if the Planning Commission would