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1972-03-06 Regular Meeting~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 ACTION TAKEN ON FEBRUARY 2'I, '1972 ON REZONING REQ.UEST RESCINDED - REDRAFTED ORDINANCE APPROVED Mr.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 Mallory stated the ordinance had been redrafted and he oras requestin~ action be rescinded on the previous ordinance and the redrafted one be approved which contains accurate description of the property to be rezoned.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 MINUTES OF TIiE I`'~iEETING - PSARCH 6, ~972 - 9~00 A.M. (CONTINU~D:) STUDY OF POSSIBLE FLOODING OF VARIOUS MAJOR STREAMS THROUGHOUT THE COUNTY BY THE CORPS OF ENGINEERS - (CONTINUED) submit a letter of application requesting a study of the major streams and tributaries through- out the County and City, with resclutions of endorsements Yrom the County Commissioners and City attached to the application. Mr. Mallory requested the Board authorize the Chairman to sign such a resolution supporting the Planning Commission's letter of application requesting • study of flooding of major streams and tributaries throughout the County and City. This type study will be necessary in order for the County to continue its qualification under the flood plan insurance. The County must indicate it is willing to enact the necessary regula~ions to protect the flooding plans of major streams. Mr. Hall moved, seconded by Mr. ~enfeld, that the Chairman be authorized to sign reso- lution endorsing the Planning Commission's letter o£ application for study o£ possible flooding of variaus major streams throughout the County by the Corps of Engineers. Motion carried unanimously. SOIZ SURVEY - Mr. Williams stated a soil survey is being made throughout the County. Mr. 4lilliams stated he understood one of the~things the survey is supposed to show is whether or not any given location in the County is suitable for the construction of homes as far as hard pan and things of that nature are concerned. Mr. Williams inquired as to how near to completion is the survey. Mr. Mallory stated he thought it was about two-thirds completed. Mr. Williams asked whether.the information on the portion completed has been made available to the Planning Department and the Health Department. Mr. Mallory stated they had been furnished the maps and information. Mr. Williams asked if the information is being used as it was meant to be used. Mr. Mallory stated he could only speak for the Planning Department, and he felt it was. Mr. Hall asked if any implementation is needed by this Board to put the survey into effect in order to avoid a hassle such as the one at Tan6lewood. Mr. Mallory stated he felt ~his type of in£ormation will give the Planning Department technical data that is needed to control development much more adequately than has been done in the past. Mr. Mallory stated he was planning to discuss the survey with the County Attorney, because it might be necessary to enact ordinances to put regulations into effect. Mr. Nallory pointed out Tanglewood was begun long before the County's Subdivision Regulations vrere enacted. Mr. Mallory stated. e'ven though a subdivision meets subdivision regulations with easements and ditches installed properly initially, the problem is maintenance and upkeep. Mr. Mallory stated it is hoped in the next Legislature a sedimentation ordinance will be enacted for New Hanover County. This has been done.in Wake and Forsyth Counties. Mr. Williams stated he would like to see this Board, by common consent, indicate to all departments of the County, and some that are partially independent, and primarily to the Iiealth Department, the Board would strongly recommend that all of the information that is available for determining whether or not a lot iu suitable for construction of a residence (and particularly including this soil test information which is now available) be used in determining whether or not to issue permits for construction of homes. Mr. Williams stated they may be doin~ this, but he wanted it known this Board feels strongly about it. The County Administrator was requested to indicate to the various departments that are affected it is the Board's strong feeling that this in£ormation has been purchased at considerable cost to New Hanover County for the protection of its citizens and should be fully utilized. Mr. ~enfeld felt it should apply not only to homes but other construction as well. Nr. Marks joined the meeting at this time. REPORT OF COLLECTOR OF kr,vr.~vJE - Mrs. Janie Straughn, Collector of Revenue, gave the following report for the month of February, '19'72: Charged Per Scroll $5,405,684.48, Added-Tax Supervisor $'116,848.58, Supplement $~3,640.62, Corp. Excess Y6'168,865.65., Total $5,q65,o39.33, Less Abatements $'16,9'12.6'7, Balance Charged $5,'748,'126.66, Less Collections February ~93,']93.45, Pre- pa,yments $33'7,618.49, Collections August Through Januasy $4,86~,280.4'I, Balance Uncollected ('19~'I Levy) 96449,434.3'I. Back Taxes Collected During February ~4,4']4.50 bringing Total Taxes Collected to Date to $79,843.;'6, Less Abatements $863.~3, Leaving Balance Back Taxes Uncollected $364,457.38. Delinquent Personal Taxes Collected during February amounted to $2,954.90 bringin~ Total Delinquent Personal Taxes Collected To Date to 9b23,'13'1.23. Mrs. Straughn stated collection on the '197'I levy is 2.~% above what it was on the '19~0 levy last year. As of March 'I, '197~, $9.2% o£ total levy had been collected, and as of March 'I ,'1972, ~2.'I% has been collected. $5'16,625.'72 more has been collected on the '19']'I levy than on the '19'70 levy. REVIEW OF TAX COLI,ECTION DIVISION - Mr. Larry Powell informed the Board suggestions as to the operation o£ the Tax Collections Division bad been received from Cherry, Bekaert and Holland which he thought will be very helpful. Action by the Board will be required in the near £uture. Mr. Powell stated audit has also been received for the office. LATE TAX LISTING PENALTY - BERLIN-MILES, INC. - ~r. Powell stated he had contacted three other counties re~arding Berlin-Miles, Inc. tax listing with them. Alamance County stated listing iaas dated January 30, 't9']'I. They stated they did not show date received but believed it ~vas within a couple of days as they did not penalize Berlin Miles for late listing. Onslow County stated they received listing on February 26, '19']'I; a'10'~ penalty was charged. Pitt County stated listing was dated December 28, '1970; this was carried forward to tax abstract January 5, '197'I and accepted as their listing for '19'7'I. All listings were submitted at di£ferent dates. Mr. William J. Morgan, Attorney for Berlin-Miles, was present and requested a compromise on $2,88'7.4'7 penalty charged. After brief discussion, Mr. Marks moved, seconded by Mr. Hall, that the request be denied. Motion carried unanimously. + MINUTES OF TIiE MEETING - MARCH 6, ~972 - 9~00 A.M. (CONTINUED) TRANSFERS AND APPROPRIATIONS - Tax Collection Bud~et: Mr. Shepard presented request from this office for transfer of $500 to travel expense from Data Processing and $3,430.00 to Capital Outlay from Data Processing. Mr. Shepard recommended approval. Nr. Oxenfeld moved, seconded by Mr. Hall, that the request be approved. Motion carried unanimously. Auditor's Office: Mr. Shepard requested transfer of $380 from Salaries-Auditor's Office to Capital Outlay for the purchase of a check protector. Mr. Marks moved, seconded by Mr. Oxenfeld, that the request be approved. Motion carried unanimously. IlILL FOR ARCHITECTURAL SERVICES FOR RENOVATIONS TO JAMES WAZKER HOSPITAI, - Bill in the amount of $2,4y0.02 from Ballard, McKim and ~aveyer was presented covering services in connection with study made on whether to renovate James Walker Hospital for the Health Department. Mr, Shepard recommended funds to cover this bill be transferred from Health Department Building Reserve to Architectural Fees-Health Department. Mr. Oxenfeld moved, seconded by Mr. rlarks, that $2,490.02 be transferred as recommended by Mr. Shepard. Motion carried unanimously. - STATE-WIDE CLEAN WATER BOND REFEtte,ivLJM~ MAY 6~ '1°72 - Mr. Williams announced on Nay 6 there will be a state-wide clean water bond referendum. The current situation is without financial assistance, local governments must provide up to 6'7'~ for the cost of eligible water and sewer projects. The Federal I,aw provides, and has provided for sometime, if the State provides 25% of the funds, the Federal portion can be increased to 55%, and assuming the Federal portion was increased to 55%, as provided by Federal Law, this would leave 20'~ for the local governments to pa3* in the construction of eligible projects. This would have made a tremendous difference in the cost of the Wilmington Sewer Treatment plants, one that has been completed and one which is under construction, saving a lot of money for the citizens of New Hanover County. Other states are taking advantage o£ this provision. Lack of State participation has been very expensive to local governments. - The General Assembly has authorized a ~5 million dollar bond issue for waste water and another 'J5 milli,on d.ollar bond issue for water supply. New Hanover County is going to have to become involved very shortly in one or the other or both projects. Mr. Williams stated it was to the advantage of New Hanover County to participate in these projects because it is a partnership between Local, Sta`te, and Federal Governments. With assistance from the State the Federal appropriation increases considerably. Mr. Williams moved, seconded by Mr. Hall, the Board endorse and recommend approval of this bond issue to the citizens of New Hanover County on May 6, '1972• Motion carried unanimously. WATER-SEWER STUDY (VON OESEN) Mr. Bowden stated Mr. von Oesen has requested a special meeting of the Commissioners be called on Monday, March 2'], '19~2, at 9:00 A.M, so Mr. von Oesen and his staf£ can discuss the Water and Sewer Report and the problems the Count'y will be confronted with in the im- plementation of what he has prepared. Mr. Epling, Mr. Mallory, and Col. Shaffer will be present also. By common consent it was agreed the Chairman be authorized to call a special meeting. REPORT ON CONDITION OF JAMES W~T~T~'R HOSPITAI, BUILDING - Mr. Bowden stated he forwarded copy of Mr. Epling's report on condition of the old James Walker Hospital Building to all the Commissioners as he vaas requested to do. Mr. Bowden stated he questioned Sheriff Millis about possibility of movin~ his department to this building. Sheriff Millis stated it would be totally unsati`'sfactory. There would be a problem of losing communication vrith the courts and all the activities taking place there, they would be away from the jail where the deputies have to ~o back and forth, out of contact ~rith attorneys, Clerk of Court's office, and it probably would have an effect on the continued operation of the jail at its present location. Mr. Bowden stated he had checked other departments, and there is no practical way to move any of them to the James Walker Hospital. PROCLAMATION - JOINT INDUSTRIAL CIVIL DEFENSE DAY, TUESDAY, MARCH '7~ ~972 - Mr. Bowden stated March '7th is Joint Industrial Civil Defense Uay and the industries have come together to participate in a seminar which is going to be conducted from 9:00 A.M. to 5:00 P.M. on Tuesday. Mr. Bowden read the following proclamation eahich had been signed by the Chairman: "P R 0 C L A M A T I 0 N NEW F,ANOVER COUNTY JOINT INDUSTRIAL CIVIL DEFENSE DAY T[TESDAY , '] MARCH '1972 "lvnr,t~r,AS, disasters and emergencies oStentimes strike without warning. Whenever they occur, it is too late for planning, organizing, equippin~ and training, which is essential to effective emergency action. Failure to have prepared in advance for such possibilities may result in death and injury to our populace, and the loss of or damage to our facilities, property, equipment and production capability; "WHEREAS, each industry resident within NEW HANOVER COUNTY, NORTH CAROLINA is responsible to organize, develop and maintain a state of readiness to deal with internal plant accident or catastrophe, or outside disaster, whether man-made, natural or militar.y in nature; "WHEREAS, our Government, Industrv, and Emplovers must maintain con- tinuity of operation during periods of disaster and distress for the common good; MINUTES OF THE MEETING - MARCH 6, ~972 - 9:oo_n.M. (CONTINiTED) PROCLAMATION - JOINT INDUSTRIAI, CIVIL DEFENSE DAY. TUESDAY, MARCH 7. '1972 -(CONTINUED) "WF~REAS, it is considered paramount to the continuity of con- stitutional government and the.stabilization of our National, State and Community economy that our government, industry and our populace aid., assist and support each other by organized mutual-aid agreements to be immediately effective during proclaimed disaster situations; proclaimed by the Joint Civil Defense Council, of which New Hanover County is a member unit; "NOW, THEREFORE, I, MEARES HARRISS, JR., MEI COPIMISSIONERS, NEW HANOVER COUNTY, NORTH CAROI,INA, New Hanover County Joint Civil Defense Council, do 7 MARCH '19'72, to be JOINT INDUSTRIAL CIVII, DEFENSE and enjoin all local citizens and firms to display this occasion. CHAIRMAIQ, BOARD OF COUNTY A member unit of the hereby proclaim TUESDAY, DAY in NEW HANOVER COUNTY their flag in honor of (s) Meares Harriss, Jr. Meares Harriss, Jr.,~Chairman Board of County Commissioners New Hanover County ATTEST: (s) Hazel Sava~e " Hazel Savage Clerk to the Board APPOINTMENT VOTING DELEGATE TO NORTH CAROZINA ASSOCIATION OF COUNTY COMMISSIONERS DISTRICT MEETINGS - • Mr. 4dilliams informed the Board it was necessary to designate someone as a voting delegate to the District Meetings of the North Carolina Association of County Commissioners. District 3 Meeting will be held at Jacksonville, N. C. at City Hall on Wednesday, March '15, at 2:00 P.M. It does not mean that the voting delegate will determine how New Hanover County or any other County will vote; it means he will vote the majority of the opinion of the Board of Commissioners at the meeting on ar~y question that arises. Mr. Oxenfeld moved, seconded b9 Mr. Marks, that Mr. Williams be appointed as the voting delegate at the District Meeting. Motion carried unanimously. REQUEST FOR WAIVER OF PRIVILEGE LICENSES - CIRCUS SPONSORED BY EAST WILMINGTON ROTARY CZUB - Mr. Fox stated there is no authority permitting the Commissioners to waive privilege taxes. P1r. Marks moved, seconded by Mr. Oxenfeld, that request be denied on basis of the County Attorney's ruling it is illegal. Motion carried unanimously. Mr. Bowden was requested to write letter to the East k~ilmington Rotary Club explaining the Board's position. BID OPENIIVG - PICK-UP TRUCB, HEALTH DEPARTMENT - Due to typographical error in specifications, Mr. Marks moved, seconded by Mr. Oxenfeld, that bids be returned to bidders and truck be readvertised. Motion carried unanimousl~. PLANS ON RENOVATION OF COURTHOUSE - Mr. John R. Jefferies, Architect, was present and introduced his partner, Mr. William G. Faris. Meeting recessed at '10:05 A.M. Meeting reconvened at 10:'15 A.M. Mr. Jefferies outlined work to be done to the courthouse, some of which was recommended by the Grand Jury. Largest part of renovation is air conditioning. Mr. Jefferies stated funds oaill be coming from General Fund and Court Facilities Fees. Mr. Jefferies stated air conditioning arill employ a chiller which means pipes will be run in the walls; there will be no duct work. " Mr. Jefferies stated it was impossible to vaork it where informal bids could be called for. Contracts have been divided into general, electrical and air conditioning. A tentative schedule has been set up; two advertisements for bids ten days a part is required, one on March ~ and the other on March 'I`]. Bids will be opened on Thursday, March 30th at 3:00 P.M. Mr. Williams asked that the work planned be explained more fully: Mr. Jefferies outlined work as follows: Register of Deeds office to be enclosed, sound proofed, ceiling dropped, painted, lighting, and air conditioning. Room adjacent is vault which an alternate bid Vaill be taken on. Tax Listing offices - entry foyer is base bid item, lights in the ceilin~. Three adjacent offices are alternates for lights in the ceiling and air conditioning. ~~ MINUTES pF THE MEETING - MARCH 6. ~972 - 9:00 A.M. (CONTINUED) PLANS ON RENOVATION OF COURTHOUSE (CONTINUED) Room below is where coal is stored; chiller will go there. (base bid item) Parts of the Sheriff's Department will be cooled, separating what is now squad room into two offices, one for deputies and one for a secretary. New ceiling Iights and air conditioning will extend into the vault. All this is under general maintenance contract with aZternate bids being called for. Court contract will cover permanent office for Clerk of Court painted, air conditioned, exiclosed and lights. Room adjacent is another alternate. Room below will pick up receptacles; some work to be done on the steps. In District Court Offices new floor will be provided, putting plywood down and asbestos vinyl tile, air conditioning, lights, and painting. Mr. Bowden stated bids were broken down in base and alternates with hopes that all work can be done, but i£ cost is too great, only what the County can afford r~ill be done. Mr. Jefferies requested the Board authorize advertising for bids on March '7 and '17 and bid opening on March 30th. Mr. Oxenfeld~moved, seconded by Mr. Hall, that bids be advertised on March ~ and '1~ and bid opening on March 30th. Motion carried ixnanimously. Mr, Bowden stated renovations recommended by the Judges and Grand Jury on court rooms is not included. This will be handled by.Central Prison equipment. CITY-COUNTY GOVERNMENT CENTER - Mr, Jefferies discussed County's need for space and stated he was furnishing the Commissioners a letter outlining some suggestions. Mr. Williams pointed out a committee was to have been appointed today for a study of a government building. Mr. Jefferies suggested a master plan for the building be made, so work can possibl3> be done in phases ~rith prior planning. He distributed letter statin~ his firm's opinions. The Board thanked Mr. Jefferies and Mr. Faris for the letter and their appearance at the meeting. JUNK ORDINI~NCE - P.EADOPTION - Mr. Fox discussed the amended Ordinance Governing Disposition of Junk Vehicles and Other Abandoned Items and suggested the Board adopt a resolution adopting the amended ordinance in lieu of the one adopted on November 'I~, '19']'I. Mr. Marks moved, seconded by Mr. Oxenfeld, that the Board resolves that the Ordinance Governing Disposit,ion of Junk Vehicles and Other Abandoned Items adopted on November '15, ~97~ is hereby amended in its entirety to read as follows: "AN ORDINANCE GOVERNING DISPOSITION OF JUNKED AND ABANDONED VEHICLES, AND OTHER ABANDONED ITEMS ~~Be it ordained by the Board of Commissioners of Ne~•~ Hanover County: Section I "Whenever any vehicle is abandoned or junked, it may be removed for safekeeping by or under the direction of~a Law Enforcement Agency as specified below to a stora~e garage or area. "'I. Law Enforcement Agency means the New Hanover CountS~ Sheriff's Department, and the Police Department of any municipal corporation situated in New Hanover County which by appropriate resolution has agreed. that this ordinance shall be effective within its corporate limits and extra territorial jurisdiction. "2. Any member of a Law Enforcement Agency is authorized to remove or cause to be removed any abandoned or junked vehicle, as hereinaf'ter defined, from the street or other public place, or £rom private property within New Hanover County and to have it removed to the designated garage or storage area. No vehicle shall be removed from privately owned premises without the written request of the oUmer, lessee, or occupant of the premises unless the same has been de,clared by the Board of Commissioners to be a health or safety hazard. The person at whose request a vehicle is removed from privately owned property shall indemnify New Hanover County against any loss or expense incurred by reason of the re~oval, storage or sale thereof. '~3• It shall be unlawful for the owner or occupant of a residential building, structur,e or property to utilize the premises of such residential property for the open storage of an~ abandoned motor vehicle, ice box, refrigerator, stove, glass, building matesial, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises free of such abandoned items as listed above including but not limited to rreeds, dead trees, trash, ~arbage. Section II Definitions: °'I. The term motor vehicle or vehicle as used herein is hereby defined to include all machines designed to be self-propelled or pulled and intended to travel along the graund by means of wheels, treads, runners, or slides. MINUTES OF THE MEETING - MARCH 6, ~972 - 9:0o A.M. (CONTINUED) JUNK ORDINANCE - RF~DOPTION - (CONTINUED) "2. For the purposes of this section, a vehicle shall be deemed to have been abandoned in the following circumstances: ~ (a) It has been left upon county owned property or public grounds , ~aithin the county in violation of a law or ordinance prohibitin~ parking; or (b) It fails to display a current license plate; or (c) It is partially dismantled or wrecked; or (d) It is incapable of self-propulsion or being moved in the manner for which it was originally intended; or (e) It is left on property owned or operated by New Hanover County or a municipal corporation situated therein for a period of not less than 24 hours; or (f) It is left on private property vrithout the consent of the owner, occupant or lessee thereof £or a period of not less than two hours; or (g) It is left on any public grounds within New Hanover County £or a period of not less than seven (7) days. "3. For the purposes of this ordinance, a vehicle shall be deemed to be a junk motor vehicle whenever it is found to be an abandoned vehicle as defined above; and in addition, is found to be inoperable, dismantled, or damaged, 5 years old or older, and worth less than $25.00. "4. Nothing herein shall be construed to apply to any vehicle in an enclosed building or vehicle on the premises of a business enterprise being operated in a lawful place and manner and the vehicle being necessary to the operation of such business enterprise, or to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the County. Section III "The following abandoned or junk vehicles are hereby declared to be health or safet5 hazards: "~. One which is obstructing traffic on a public way; or "2. One vahich affords depressions in which water can pool; or "3. One which shows evidence of being a rodent harbor; or "4. One ~ahich is overrun by weeds and ve~etation over B inches high; or "5. Any other vehicle specifically declared to be a health or safety hazard by the Board of Commissioners or by the governing body of a municipal corporation situated therein.* 'See below. Section V "Towing and storage: The Sherif'f's Department of New Hanover County shall prepare and maintain an eligible list of those persons, firms or corporations (hereinafter called garages) having businesses in New Hanover County who appls and qualify to tow and store automobiles and trucks from the streets and other public places in the County at the request of a Law Enforcement Agency. "1. To auali£y £or the eligible list the applicant must: (a) Keep his garage available twenty-four (24) hours per day, seven ('7) clays a week. (b) Have available at all times equipment in good condition capable of towing any automobile or medium weight truck, regardless of size or weight, from the streets and other public or pr•ivate places in New Hanover County when called upon to do so. (c) At, or in the immediate vicinit3~ of his garage, have sufficient storage space and facilities to protect from the elements vehicles vahich might be damaged by exposure and a sufficient amount of additional storage space to store undamaged vehicles. "2. The applicant must agree to assume the obligation: (a) To promptly tow and store all vehicles to be removed from the public streets or other public places or private property upon request of a Lacv Enforcement Agency. (b) To issue a receipt to a Law Enforcement Agency for each uehicle towed and stored and keep the vehicle until its release is authorized by the Law Enforcement AgencSr storing said vehicle. (c) To stor.e damaged automobiles in such manner as to secure their protection a ainst further damage by the elements. (d~ Of collecting towing and storage fees from the owner of the vehicle or by the sale of the :vehicle without recource on New Hanover County or any municipal corporation situated therein. (e) To pay all damages to vehicles entrusted to his custody as the result of his negligence and to maintain, £or the protection of the vehicle owners, arage keepers legal liability insurance of not less than Five Thousand Dollars ~$5,000.00) while performing any of the services provided for in this section. (f) To remove from the scene of~a motor vehicle accident, in which the vehicle to be towed was involved, all glass, metal or debris caused by the accident. (g) To comply with the provisions of this section under pain of removal from the eligible list. The privileges and obligations hereunder shall be rotated between the garage keepers on the eligible list quarterly on the first day of January, April, July, and October in the order oY their quali£ication beginning January 'I, 'i97~. "3. Towing and storage: (a) All to~aing, storage, advertising and other charges incurred in connection with impaunded vehicle shall constitute a lien upon such vehicle, and no stored vehicle shall be released until all such charges have been paid to the revenue collector of New Hanover County or to the owner of the garage where the impounded vehicle is stored. *Section IV - It shall be unlawful for any perso to bandon.or unk a hi le wi} i New Hanover County and for any person to leaFre or a~llow ~o remain a~y par~'ia~lgy ~dismant~end, nonoperating, (other than a licensed business operator) junked, or otherwise discarded vehicle. , MINUTES OF THE MEETING - MARCH 6, ~972 - 9:0o a.M. (CONTINUED) , JUNK ORDINANCE - READOPTION - (CONTINUED) (b) If not claimed within seventy-two ('72) hours, it shall be the duty of the chief of the Law Enforcement Agency causing storage of the vehicle, or his agent, to notify the owner of a stored vehicle in writing, by re~istered mail return receipt requested, of the fact that such vehicle has been stored and the place o£ storage, setting forth the reason for such storage and that"the vehicle will be released to him upon payment of the charges against it incident to its storage (including towing and storage charges and the cost of notifying.the owner and the fine and costs, if any, of a traffic violation). If such vehicle is registered in this or any other state, the registered owner thereof, as shown by the r.ecords of the state of its re~istration shall be deemed. to be the owner of the vehicle and the mailing of the required notice to such registered owner at the address shown on such records shall be deemed sufficient notification. (c) Di.sposal of vehicles and distribution of proceeds of sale: (1) Disposal of vehicles: (i) Should the owner of an abandoned vehicle fail or refuse to pay the costs or should the identity or whereabouts of such owner be unknoran and unascertainable after a diligent search has been made and after notice to him at his last known address and. to the holder of any lien of record in the office of the department of motor vehicles against the vehicle, the officer designated by the Board of Commissioners of New Hanover County may, after holding the vehicle for 30 days and after having the value of the vehicle determined by three disinterested dealers or garagemen and after 20 days' notice has been given to the department of motor vehicles before the date of sale, dispose of the same by public or private sale or in the event of an appraised value of less than fifty dollars ($50.00) by other means in the discretion of the Board of Commissioners or the designated officer and the proceeds of any sale shall be forwarded to the~county auditor. (ii) Should the owner o£ a junk vehicle fail or refuse to pay the costs and reclaim it within fifteen ('15) days after towing, the designated officer may destroy it or dispose of it by public or private sale in his discretion. Further, a Law Enforcement Agency may, with the consent of the owner of a junk vehicle, remove and dispose of it regardless of the value, condition or age without waiting the aforesaid '15 day period. A notice containing as full and accurate a description of the vehicle as can reasonably be determined shzll be given within '15 days . after final disposition to the department of motor vehicles, that such vehicle has been deemed to be a junk motor vehicle and has be:en.disposed of as such. (iv) Motor vehicles which are health and safety hazards and public nuisances in addition to being abandoned or junked as herein provided shall be removed from privatel~ owned property as provided by law. `(2) Distribution of proceeds of sale: (i) The county auditor shall pay from the proceeds of any sale, the cost of removal, storage, investigation as to ownership, sale, and liens in that order. Subject to (ii) below, any remaining proceeds shall be deposited in the;::general fund of New Hanover County. (ii) If after the sale, the ownership of any vehicle at the time of its removal is established satisfactorily to the designated officer by the person claiming such ownership, the owner shall be paid by such officer so much of the proceeds from the sale of such vehicle as remains after paying the cost of removal, storage, investigation as to ownership, sale, and liens as herein required. (3) No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of any abandoned, junked, lost or stolen vehicle for disposing of such vehicle as provided by this section. "4. Notwithstanding the provisions of this section, the board of county commissioners may, i£ in its opinion the public interest ti•rould be served thereby, enter into an exclusive contract with one or more persons engaged in the'towin~ and storage of motor vehicles, to remove the vehicles described herein from the public roads and alleys and other public places within New Hanover County on such terms and conditions as may be mutually agreed upon. The contract so made shall be in writing; shall specify the charges to be made for towing and storage and shall require the person entering into the contract for the towing and storage of such vehicles to perform the service in a manner satisfactory to the county commissioners and shall provide for the forefeiture of the contract in the event of a violation of any of the provisions of the contract or of any subsection of this section which may be incorporated in and made a part of the contract. The contract shall further provide that neither New Hanover County nor any miznicipal corporation situated therein shall be obligated for any damages or charges which may be incurred in the performance of the obligation assumed by him but that the charge shall be collected solely from the owner of the vehicle involved. Section VI "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 VII "Any person who shall violate the provisions of this ordinance shall be guilty of a misdemeanor punishable by a£ine of not more than $50.00 or imprisonment for not more than 30 days in the discretion o£ the Court, as provided by Section 'I4-4 of the General 8tatutes of North Carolina. Section VIII "This ordinance shall take effect on the 'Ist day of January, 'i°,72." Motion carried unanimously. MINUTES OF THE MEETING - MARCH 6, ~972 - 9:0o a.M. (CONTINUED) OCEAN-HIWAY MEPBERSHIP - ~r. Marks discussed letter of February '10, 'l0'72 from the Chamber of Commerce concerning New Hanover County's membership in the Ocean Hiway ~lssociation. Mr. Marks stated he felt the membership is valu~ble to the County and would like to see it continued. Mr. Marks moved, seconded by Mr. Hall, that the Board notify the Chamber of Commerce that New Hanover County desires to continue membership in the Ocean Hiway Association and that dues be paid £or from the Advertising Fund. Motion carried unanimously. SALARY OF CORONER - ' Discussion was held on setting salary of Coroner Smith. Fees for February based on $25 per call amounted to ~~'75 (3~ calls). Mr. Bowden recommended salary of ~6'100 per week ($5,200 per year) for the coroner and $75 per month for an assistant. Mr. Marks moved, seconded by Mr. Hall, recommendations of Mr. Bowden £or $5,200 per year for the coroner and $`J5 per month for an assistant be accepted, retroactive to March 'I, '1972• Motion carried unanimously. Mr. Oxenfeld pointed out budget hearings will be coming up shortly and this can be reconsidered at that time. It was also pointed out additional appropriations have been made for Medical Examiners in addition to what was budgeted. CORPS OF ENGIiv~~xS HEARING~ MARCH '16, '1972 - NORTHEAST CAPE FEAR RIVER PROJECT - Mr. Bowden requested the Commissioners attend this meeting due to the importance of it including perpetual easements for disposal areas and the cost of diking required for such disposal areas. ADJOURNMENT - There being no further business to come before the Board, Mr. Marks moved, seconded by Nr. Hall, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board /hs Mailed 3-9-'72 MINUTES OF THE MEETING - MARCH 20, '19'72 - Q:00 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, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; 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 Rev. J. A. Humphrey, Pastor, Mt. Olive AME Church, to give the invocation. APPROVAL OF MINUTES - MEETING MARCH 6, '1972 - Mr. Williams requested change on Page 8 under heading: "Salary o£ Coroner" as follows: Zast paragraph should read: "Mr. Marks moved, seconded by Mr. Hall, recommenda~ions o£ Mr. Bowden for $5200 per year for the Coroner and ....". Mr. Williams moved, seconded by Mr. Hall, the minutes be approved as corrected. Motion carried unanimously. JWENILE DETENTION SERVICES STUDY COMMITTEE REPORT - P1r. Charlie Srown, Chairman of the Committee on Juvenile Detention Services, and Judge Gilbert H. Burnett, member of the Committee, were present to give report on meeting of the Committee held on March '16,, '1972. ~Mr. Brown gave the report which had been prepared by Mr. Ray L. Grubbs, Administrative Officer, who was appointed by Chairman Harriss to work with the Committee. The report stated it was the consensus of the Committee that the line of authority of the Center cJOUld be to the Courts and to the County Commissioners. This is the same recommendation as stated in the Juvenile Services Center Committee report given on January '15, '19'7'I (Page 6). The overall direction orill be coordinated through the County Commissioners and the Courts. The report stated the basic concept of the Center will be one which is diagnostic and rehabilitative in nature rather than to act as a"holding station" for juveniles. This is the same concept as stated in the report submitted by the Juvenile Services Committee on January '15, '19'7'I (Page A-4 under Concepts). This means the Center will have its own professional staff. The report also stated because the Center is a 24-hour, seven day a week operation, it will be necessary to utilize other agencies for supportive activities. The report stated the Juvenile Services Committee is recommending basically the same staff as recommended by Mr. Grubbs and ~r. Bowden at the County Commissioners meeting of February 2'i; only change is that the Social Worker II position has been