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1972-06-19 Regular Meeting14~ MINUTES OF SPECIAL MEETING - JOINT CITY COUNCIIrCOUNTY COMMISSIOPTERS - JUNE 14, 1972 (CONTINUED) "k~REAS, The demaiids ~ for 'services on °botti City and County Governments are con- stantly increasing, and ' "WHEREAS, the present Boards of City Council and County Commissioners recognize the costly, piecemeal approach that can only inadequately and temporarily offer relief to the problem, and "WHEREAS, there is a mutual feeling economies and ef£iciencies could be achieved by the consolidation of offices oY the City and County, and some State and Federal Agencies in one governmental complex, said savings being passed on to the residents of both City and County, . "NOW, Ths,tcr.r~RE, BE IT RESOLVED that New Hanover County Board of Commis- sioners and the Council of the City of Wilmington propose a study to commence as soon as practical on the feasibility of proceeding with such a Complex, said study to furnish information as to size, type of structure, and location, and to provide for future growth needs for the City and County. Be it further resolved that both Boards favor location of this complex in the downtown area. "This resblution adopted this 14th day of June 1972 by the New Hanover County Board of Commissioners and the Council of the City of Wilmin~ton while in joint session. (s) Meares Harriss, Jr., Chairman (s) John C. Symmes, Mayor Board of County Commissioners City of Wilmington" Mayor Symmes stated he £elt this is a very forward move and pointed out adoption of resolution at this time has nothing to do with budgets. Mayor Symmes stated this because some people might be alarmed thinking it might. Ma,yor Symmes stated it is something man~ people have expressed an interest in. PAYMENT FOR COST OF STUDY FOR GOVERNMENTAI, COMPLEX -. ' Mr. Williams moved, seconded by Mr. Oxenfeld, that New Aanover County assume the re- sponsibility and cost of the study not to exceed $10,000, and this amount be appropriated in the forthcoming budget of nTew Hanover Countg. Motion carried unanimously. Mr. Harriss stated since this might possiblq involve the Urban Renewal function, he would like to have comments from Mr. Messick. Mr. Messick stated Urban Renewal had asked City Council to appropriate money during the next budget year for a study of a large area of the City which this mi~ht be a part o£. This will be under a Community Development Program. Mr. Messick stated Mr. Oxenfeld had requested they negotiate with a Consultant Planner to give the County a proposal on the feasibility study which has just been approved. This has been done and Urban Renewal is in receipt of a proposal. Mr. Messick stated the study will possibly requi"re a lot of leg work done locall~ which the Redevelopment Commission might be able to do for the County and City, such as various types of surve~s, real estate acguisitions, etc. The Commission will have to negotiate the scope of services and compensation at a later date. Mr. Messick introduced Mr. McClure of the Redevelopment Commission. Mr. Harriss stated he felt he was speaking £or both Boards; they have long realized space is inadequate and provision for additional facilities is needed. Mr. Harriss pointed out the County is presently renting space and had to go from the downtown area to renovate a building to house County offices. Mr. Harriss expressed the feeling the City will be faced with the same thing in the future. Mr. Harriss stated it is the duty of both Boards to provide adequate facilities for $overnmental functions of the City and County, and, stepping aside, he congratulated both Boards on the action taken today. ADJQURNMENT - There being no further business to come before the Joint Boards, Special Meeting was adjourned. Respectfully submitted, Hazel Savage Clerk to the Board /hs MINUTES OF THE MEETING - JUNE 19, 1972, 9~00 A.M. ASSII"IBLY - 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 followin~ present: Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., A. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry Shepard; County Manager Laurence 0. Bowden; and Hazel .Savage, Clerk to the Board. INVOCATION - Chairman Harriss called the meeting to order and in the absence of the scheduled minister asked Mr. Marks to give the invocation. APPROVAI~ OF MINUTES - REGUI~AR MEETING JUNE 5. 1972 - Mr. Oxenfeld requested statement he made at the last meeting and one made by him today in connection with presentation of the 19'72-73 budget estimate be included in the minutes. The following should be included on Page 16 under heading "Presentation of 19~2-73 Budget , ~~~ MINUTES OF THE MEETING - JUNE 19, 1972 CCONTINUED) APPROVAL OF MINUTES - REGULAR MEETING NNE 5~ 1972 CCONTINUED) - Estimate" as the third para~raph: "Mr. Oxenfeld stated the Board appreciated the fine pre- sentation of the bud~et estimate by the County Auditor. Mr. Oxenfeld further stated the Commissioners have had time to go through the budget and £eel it is a job very well done by the Auditor, County Manager, and all others involved in the preparation." Mr. Williams moved, seconded b9 Mr. Hall, approval of the minutes as corrected. Motion carried unanimously. REPORT OF COLLECTOR OF REVENUE - Mrs. Janie Straughn gave the following report on collection of taxes for the month of May, 19'72: Charged Per Scroll $5,405,684.48, Added by Ta~c Bupervisor $11'7,'7'72.~6, Supplement $73,6~+0.62, Corp. Excess $168,865.65, less Abatements $1'],488.16, total $5,'748,4'75.35, less collections in May $54,980.~3 and Prepayments ~33'7,618.49, leaving total uncollected $260,061.21. Total back taxes collected in Ma9 amounted to $33,632.44 bringing total back taxes collected to date to $144,'7&4.16, leaving balance uncollected of $298,091.58. Delinquent Personal Property Taxes collected during May amounted to $3,0'78.58 bringing total collected to date to $32,462.11. • Report showed 95•5% o£ taxes on the current levy have been collected as of May 31, 1972. Mr. Harriss stated he did not believe such a record has been set in the recent history o£ the county. Mr. Harriss commended Mrs. Straughn and Mr. Powell for the excellent job they have done. Mr. Harriss stated further, stiffening of the procedures in foreclosures, garnishment of salaries and bank accounts have had some distinct effect on the collection. TRANSFERS AND APPROPRIATIONS - Mr. Shepard presented the following requests for transfers and appropriations: Schools: . ~8,633.'74 from Unanticipated Revenue to School Lunchroom Appropriation. Mr. 4lilliams moved, seconded by Mr. Oxenfeld,_approval of the reguest. Motion carried unanimously. Schools: From: Instructional Supplies Secretaries in Scho.ols Wages of Janitors Salaries Maintenance Personnel To: Clerical Water, Lights and Povaer Janitorial Supplies Heating, Li~htin~ & Plumbing Gas, Oil & Grease • Repair Parts Museum: From: Insurance To: Capital Outlay Renovations Account Cape Fear Tech: From: Repairs - Other Equipment To: Supplies & Materials Supplies & Materials Mental Health: From: General Contingency Fund To: Petty Cash (Replacement due to break in) Jail: $ 6,000 6,000 '7 , 00~ 5.000 $24,000 $ 500 18,000 1,500 2,800 500 700 $24,000 $ 700 $ 700 $ 200 ~ 50 150 $ 200 $ 52.41 $ 52.41 From: General Contingency $ 250 To: Capital Outlay (Freezer) $ 250 CountY Attornev: From: General Contingency $'S,62'].28 To: County Attorney $5,62'].28 (For litigation on New Hope Dam, Two Easements, suit by Cherry, and deficit for month of June) , Miscellaneous Transfers: From: Contingency Fund $230.09 To: Jail - 4]ater & Sewer $ 21.00 Civil Defense - Office Expense 150.00 (will be reimbursed) Charter Commission 59.09 ~230.09 From: Auditor's Office - Salaries $250.00 To: First Phase of Btzdge,t Freparation $250.00 14~ MINUTES OF THE MEETING - JUNE 19, 1972 ~CONTINUED) TRANSFERS AND APPROPRIATIONS (CONTINUED) - Mr. Williams moved, seconded by Mr. Oxenfeld, that the transfers and appropriations requested by the Auditor be approved. Motion carried unanimously. Mental Aealth: - From: Retirement $510.00 To: Rent ~510.00 After discussion, this item was deferred until later in the meeting. Later in the meeting information was received to effect additional rent on old office was Yigured on 30 da,ys notice inst'ead of 60 days notice, and Mr. 4Jilson made an error in figuring rent on the new office. Mr. Oxenfeld moved, seconded by Mr. Hall, transfer be approved. Motion carried unanimously.` MAJOR T$ANSFERS IN SCHOOL BUDGET Discussion was held concerning School Board's requests for major transfers annually at the end of the fiscal year: The Commissioners wanted to know what major items are routinely transferred at this time and by common consent requested Mr. Shepard to furnish them with this in£ormation later in the day during budget discussions. By common consent Mr. Shepard was excused to return to his o£fice to work up list of major transPers that had been requested by the School Board at the close of each fiscal year over the past few years. LETTER OF COMPLAIN'i' FROM CAROI,INA BEACH IN REGkRD TO LITTERING OAT HIGHWAY EI~TTERIATG CAROLINA BEACH - Letter was received from Mayor Kepley o£ Carolina Beach regarding litter on hi$hway entering Carolina Beach. Mayor Kepley stated this is because City Landfill is closed, and all trash and garbage is being routed to the Carolina Beach Landfill. Ma~or gepley requested the County's cooperation in keeping the highway to the beach clean. By common consent Mr. Bowden was requested to investigate the matter and advise Mayor Kepley matter is under consideration, and some action will be forthcoming as soon as possible. It should be pointed out to M~yor Kepley the Board agrees the highway should be kept as clean as possible, and all of the trash is not going to Carolina Beach but a~reat deal of it is going to the Military Cut-Off Landfill. RECO~ENDATIONS PLANNING DEPARTMENT - ZONING AREA #8 - Mr. Harriss stated Public Hearing was held on June 5, 1972 to consider zoning for Area #8. Action was deferred on proposal submitted by the Planning Commission at that meeting and re£erred back to the Planning Department for further study. Mr. Mallory stated he was present to answer any questions the Commissioners maq have. Mr. Mallor9 stated it is the Planning Commission's contention that the two requests for zoning to permit shopping centers should come under the floating zone concept. One of the areas of concern was the Hampstead Road and Blue Clay Road (Highland Dunes); the other one was the intersection of Murrayville Road and Highway 132 (Mr. Joe Reaves). Mr. Williams stated the project on the Hampstead Road and Blue Clay Road is well underway. Drainage has been done, plannin~ for it has been goin$ on for a long time, and a great deal of money has been spent by the developer. Nir. Williams stated it appears the commercial part of it is an essential part of the overall development. Mr. 47illiams stated he was aware it could remain in the floating zone category, but the developer wanted to know definitely where he stands before spending further money. Mr. Williams was of the opinion consideration should be given to the granting of this request. Mr. Williams stated he had also observed the request involving property at the inter- section of Murrayville Road and Highway 132, and with the power lines that are going over that property he was of the opinion this should be zoned for a shoppin~ center or commercial area. ' Mr. Hall was of the opinion if these locations are zoned now as requested, it might eliminate misunderstandings later insofar as residences locating there. Mr. Mallory stated it is the opinion of the Planning Commission and Planning Depart- ment there is no way the local econom,y can justify all of the shopping center districts that are being requested. Mr. Mallory stated they felt some will materialize and some will not. In order to answer the question as to who should have the shopping center designation, the Planning Commission has tried to say to the developer these are the things you will have to comply with; these are good sound principles of planning. The Planning Commission would request shopping layout, streets into and out of, off street parking area, and drainage. Through this procedure, the number of shopping centers will depend upon the demand that is available and not a shopping center at every intersection. Mr. Mallory stated they ran into this difficulty on Carolina Beach Road; everyone said they had a shopping center area there. Mr. Hall asked if it would be possible for a developer to show possible shopping center on his map, so people bt~ying for homes would know what to expect. Mr. Mallory thought this would be a good idea. The regulation requires the shopping center cover a minimum of ~ acres. Mr. Mallory stated no one has gone through floatin~ concept procedures for a shopping center to date, and to his knowledge there have been no new shopping centers since the County adopted zoning in 1969. Mr. Marks stated he felt there would be more orderly growth by following a pattern, and all were convinced of this or the Board would not have adopted tlie procedure. Mr. Harriss stated there are several things to consider. Mr. Harriss stated he did not think it is the job of the Plann~ng Commission to determine the economic trend in this Countp. The Commissioners did not cr.eate an.economic czar to determine the development of this County, they were asked to determine the orderly use of the land and make certain recommendations to the County Commissioners. Mr. Harriss stated he did not think any developer would get into a proposition like a shopping center unless it is economically feasible and felt the developers are about as well equipped to determine this as the Planning Commission. 14~ MINUTES OF THE MEETING - JUNE 19, 1972 (CONTINLTED) RECOMMENDATIONS PLANNING DEPARTMENT - ZONIATG AREA #8 ~CONTINUED) - ~ Mr. Harriss pointed out to Mr. Mallory.there was really only one person (Dr. Sobol) on the Carolina Beach Road that mentioned he had an area which he might want to consider as a shopping center in the future. Mr. Harriss stated there was a one mile strip on Carolina Beach Road which he (Mr. Harriss) disagreed t•rith Mr. Mallory about. Mr. Harriss felt it was business property and Mr. Mallory.did not. Mr. Harriss stated all this property has been tied up as a residential designation. Mr. Harri.ss stated in other zoning areas in the County there has been property tied up in residential designations that has had the effect of driving what little business property was left up in price to the point v~here it is almost impossible to obtain. Because oP objections to spot zoning it is not possible to go into most areas of the County and establish a small business any more. A small business cannbt afford price of business property. Mr. Harriss stated he does not see why the County cannot,establish a business district and reguire, if it is used to establish a shopping center, that the draina~e, ingre.ss, egress, parking area requirements and screenings be the same as those for the shopping center designation. This would not preclude development of other business areas. P'ir. Harriss stated he could not see anyone using property under a transmission line as a residential area. '. Mr. Harriss stated inso£ar as the Castle Ha,}~ne area establishment, this property was bought over five years ago with specific purpose of~what is going in there. Mr. Harriss stated he could not see the Board, in good conscience, control this area more speci£ically than by establishing a business district. The County is somewhat bound and has been operating under the Grandfather Clause principle, and Mr. Harriss feels this definitely comes under it. 'Mr. Harriss stated his vote will go for establishment of business districts in both these areas with the restrictions mentioned. Mr. Iiall stated he did not think the regulations were drawn up until the Commissioners read them and approved them which is tantamount to setting it up. Mr. Harriss said it was not set, it.was the only way to establish a business district and this,attempts to establish everything under a shopping center district which is going to have a very bad effect on the County. Mr. Harriss said he could see the throttling o£ small business enterprise because they cannot get a spot zoning designation for a small place. It is forcing them to go into at least '7 acres of property, and no small business can afford this. Mr. Harriss stated it looks like some spot zoning is being done, and he did not think he was going to vote for any more without some.clarification on it. ' Mr. Oxenfeld stated he felt in many ways the same as Mr. Harriss does re~arding these two sites. Mr. Oxenfeld stated he appreciated what the Planning Commission is in the process of doing to control the orderly growth of the County, but feels since these two areas have been under consideration for such development, they certainly deserve the Board's con- sideration. Mr. Alton Zennon, Attorney, again asked £avorable consideration be given to request o£ Highland Dunes. Mr. Joe Reaves stated since comment had been made that nothing was planned for area he is requesting be zoned commercial, he k*ould like to present proposal he has had for area. Proposal has been submitted to the Planning Office for discussion. Mr. Harriss pointed out property across the road from this is zoned B-2. Mr. Harriss moved, seconded by Mr. Oxenfeld, that the Zoning Area No. 8 be adopted with the following two exceptions (1).that the property described by Mr. Joe Reaves and (2) property described by Mr. A1ton.Lennon, Jr., (.Highland Dunes) be accepted and made B-2 zones instead of the R-15 designation now proposed, subject to the two areas meeting the drainage, ingress, egress, parking area and.screening requirements of the County's shopping center section of the Floating Zone Ordinance, if they are to be used as shoppin~ centers. Mr. Hall questioned how long a place like this can be tied up for a shopping center. If someone comes along with a plan and a place is alread9 designated as a business, how long will a place be tied up making another one unfeasible. Mr. Mallory pointed out motion was for a B-2 designation and could be developed on a piecemeal basis as long as they stay within the zoning regulations. Mr. Williams asked whether it is possible, after a place has been zoned for any designa- tion for several years and it has not developed according to the stated purpose for which it was zoned £or the Planning Commission to go back for reconsidera-tion and recommend it be rezoned to residential, if that is the use in the area generally. Mr. Mallor~ stated Mr. Fox may want to comment on this. Mr. Fox stated as long as there has been no commitments for land use, it can be rezoned and placed back in residential use. Aowever, if the landowner, while the land is zoned for business purposes, incurs expenses, contracts, etc. at some point, to rezone the property back to residential area would constitute a taking. Mr. Fox stated each would have to be decided on its own merit. Mr. Oxenfeld stated there are convincing arguments on both sides and he realized the Board has to make a decision on it. Also, he realizes everyone has given it a tremendous amount of thought over the past two weeks, but he would like to defer action on it until the next regular meeting to give him more time to think about it. Mr. Oxenfeld, therefore, made a substitute motion to defer action on the matter until the next regular meeting. Mr. Harriss felt decision should be made today. Vote was called on motion. It carried four to one. Mr. Harriss voted "No". During the a£ternoon session o£ the meeting Mr. Williams moved, seconded by Mr. Oxenfeld, that the motion which was tabled this morning with reference to Area No. 8 be brought up at this time. Motion carried unanimously. MINUTES OF THE MEETING, JUNE 19, 1972 (CONTINUED) RECOP'II"tENDAT20NS PLANNING DEPARTMENT = ZONING AREA #8 (CONTINUED) - Mr. Harriss stated the motion was that Goning of Area 8 4aould be adopted with exception of two areas, those being the area at the intersection of Blue Clay Road and the Hampstead Road near Castle Hayne and the intersection of the Murrayville Road and Highway 132, southwest corner, both of which would be designated B-2 with the requirements imposed if they are to be used as shopping centers, they comply with the drainage, ingress, egress, parking area requirements of the County's Shopping Center Floating Zone Ordinance, and any other re- quirements as to shopping centers. Mr. Mallory pointed out these raill be two B-2 zones that appear on the County Zoning Map that will have additional restrictions placed on them more so than any other B-2 zones. Mr. Mallory asked Mr. Fox if this could be done since this will be conditional or contractual zoning. Mr. Fox stated this cannot be done. Mr. Mallory pointed out restrictions; namely, drainage plan and form of ingress and e~ress has to be approved. -This does not have to be done in areas zoned B--2. Mr. Mallory stated shopping centers are allowed in B-2 zone because they allow usages that are normally found in a shopping center. Mr. Harriss pointed out these two persons were satisfied with the restrictions, and he did not feel they would contest them. Also, the Board is not saying other B-2 zones have to conform to the restrictions; only these two, if they are used £or shopping centers, are re- quired to conform to these regulations, and Mr. Reaves and Mr. Lennon stated they intended to do this anyway. Mr. Williams stated the restrictions of B-2 and an,y other restrictions such as health regulations that apply to all other B-2 areas will apply to these and suggested that the Board just purely and simply adopt the zoning map as su~gested with the two exceptions that'were noted with no otheT further strings attached. Mr. Fox stated he believed Mr. Williams to be correct. Mr. Williams asked Mr. Harriss if he would be willing to change his motion to eliminate restrictions. Mr. Harriss stated he had not heard Mr. Fox say it is ille~al, only questionable. Mr. Williams statedlie~would hate to see the ordinance thrown out due to some technicality at a later date. Mr. Harriss did not feel the ordinance ~aould be thrown out. Mr. Fox stated he felt it would~be best for the Commissioners to adopt areas as B-2 classification. Mr. Harriss withdreUr restrictions £rom his motion,.so the motion was re- worded as follows: Mr. Harriss moved, seconded by Mr. Oxenfeld, adoption of Zoning Area No. 8 with the _, following two exceptions: (1) the area at the intersection of the Hampstead Road and the Blue Clay Road at southwest corner and (2) the area at the intersection of Murrayville Road and Highway 132 at the southwest corner be accepted and zoned B-2. Motion carried unanimously. Mr. Mallory advised he will try to have zoning maps of Area 8 ready to be officially designated at the next regular meeting of the Board. There will be two maps, Zoning Map !?rea No. 8-A and Zoning Map Area No. 8-B. PUBLIC HEARING - CONSIDERATION ADOPTION OF ZONIIdG MAP OF TERRITORY SURROUNDING CITY OF 4,~ILMINGTON FOR DISTANCE OF ONE MILE BEYOND CITY LIMITS - Mr. Harriss declared Public Hearing open to discuss adoption of zoning map of the territory surrounding the City of Wilmington.for a distance of one mile beyond the municipal limits of the City of Wilmington. Mr. Harriss stated this is occasioned as a result of the City turning over to the County the Planning functions for this area, ef£ective Ju19 1, 19~2. Mr. Mallory, Planning Director, stated, effective July 1, the City will relinquish its control o£ zoning, planning, and building permit issuance vrithin the one-mile area of the City to the Count9. It is the responsibility o£ the Plannin~ Cbmmission to prepare.a map showing the zoning within this one-mile area in accordance with the County Zoning Ordinance. This will necessitate changing zoning designations of the City to those of the County. The map being presented to the Commissioners is a map recommended by the Planning Commission. Several members of the Planning Commission were present: Messrs. Cantwell, Boney, ~mart, Rippy, Davis, and Ivy. There were a number of people present for this hearing and they were given time to look at the proposed map. Mr. Mallory stated while map recommends changes in zonin~, it could not or laould not affect any existing structures. Mr. Sutton oP the Planning Department was requested to review map. Changes were in areas previously zoned for shopping centers. Mr. Sutton stated this was done because of the floating zone procedure in the County Zoning Ordinance. It was felt this would preserve these areas and keep them from being developed in piecemeal fashion. Following are some of the changes outlined by Mr. Sutton: 1. Area near the Battleship was designated as R-20. There is an industrial £acility there which will be able to continue but no more industrial usages will be encouraged in this area. 2. Area round the airport was residential - changed to industrial. 3. At intersection of Gordon Road and U.S. 11`], B-2 had been expanded next to town. 4. Starting just below Kerr Avenue with the eastern boundary of airport property R-15 zoning begins, continues to Kings Grant Subdivision, and Spring View. Where there is an approved water system it is•.designated as R-10. There was a shopping center designation at gin~'s Grant and also some apartments around the shopping center. The Plannin$ Commis- sion would like to see the floating zone concept utilized here. They would like to see time table on shopping center. As far as apartments, the County does not have any provisions for apartments anywhere in the County. The Plannin~ Commission has approved an amendment to the ordinance that will allow apartments as a special use in R-10, R-20 and R-15 zones which will come before the Commissioners in the near £uture to consider. Amendment will have to be approved befo~e people have recourse on requests for building apartments. ~~~ MINUTES OF THE MEETING - JUNE 19, 1972 (CONTINUED) PUBLIC HEARING - CONSIDERATION ADOPTION OF ZONING MAP OF TERRITORY SURROUNDING CITY OF WII,MINGTON FOR DISTANCE OF.ONE MILE BEYOND CITY ZIMITS (CONTINUED) - . 5. Area along railroad was designated as I-2. . 6. There were several spot commercial areas along in front of the college and apart- ment zoning. This has been left R-15. The Planning Commission and Planning Department feel some of the businesses occurring there are not really the type of development that should be encouraged and area should be reserved for office or residential district. '7. There were also shown areas on 132 where shopping centers had been designated. These will now come under the floating zone concept. 8. Sunnyvale Drive was zoned industrial. There are some standard homes in this area, but most are sub-standard. Mr. Sutton cited other changes but these are the major chan~es in the existing City Zoning in the one mile area. Mr. Sutton emphasized as far as the shopping centers go, the zoning is still available if the developers will meet the requirements of the floating zone concept. Insofar as apartment zoning, this will be allowed in all residential areas as a special use. This amendment will be up for consideration by the Commissioners as soon as possible. Mr. Harriss requested Mr. Mallory to furnish the Commissioners a smaller map of the one just presented and also a map of the same size showing'the City designations. A number of persons present.spoke against the reaonin~. Mr. Alton Zennon, Attorney, was concerned about Oleander Drive. Mr. Sutton stated the Elks Club was eliminated but could be designated under special use. Mr. Richard Morgan, Attorney, was interested in an are9 on Shipyard Boulevard which the City had designated for apartment buildings. Mr. Sutton informed him of amendment approved by the Planning Commission which the Commissioners will consider to permit apartments as a special use in the R-10, R-15, and R-20 residential districts. Mr. Frank Guenzel was heard next regarding proposed apartments already approved by the City on Shipyard Boulevard. He was informed bg Mr. Sutton they will be eligible if the Commissioners approve the amendment to the County Zoning Ordinance, but they would have to go through the £ormal procedure again. Mr. Guenzel was against apartments being built on Shipyard Boulevard: • , Mr. Harriss recommended the County Commissioners act. The County Commission is the body with the authorit~ to put into £orce or not to put into force. Also, Mr. Harriss stated the County Commission is not necessarily bound by the recommendations of the Planning Commis- sion as to adoption o£ certain ordinances; the Board of County Commissioners is free and independent to act as it sees fit. Mr. Guenzel advised the Board the Planning Commission recommended approval of zoning for apartments, and the City voted for it. Mr. Guenzel asked if the County would be bound by either. Mr. Harriss said it would not, and asked Mr. Fox to comment on this. Mr. Fox stated this is correct except insofar as where the owner would have rights for a non- con£orming use. In other words, if the land is committed to apartment use prior to.the time the County acts, the County Zoning Ordinance cannot take away that oraner's right. The Count~ cannot compel the owner to change this use unless the County pays the owner some compensation. This is true on all property. . Mr. Fox pointed out this is a very difficult situation; the property was in fact zoned by the City at one time. The City has in effect abandoned its zoning authority and turned it over to the County. The County's zoning la~,~s are different than those of the City. The City permits pyramid zoning and the County does not. Mr. Guenzel stated Mayor Schwartz informed the people at the City Council.Meeting when the zoning £or apartments was approved, that no matter what action:the Council took it would have to be approved by the Commissioners when the County assumed jurisdiction of the one- mile area. Mr. Harriss stated it does matter according to Mr. Fox; it d.epends on what landowner does prior to adoption of ordinance by the County. Mr. Fox further stated no zoning authority, City or County, can enact a zoning ordinance which prohibits the land owner from using his property as he is currently using it. I£ they do, it constitutes a taking for which the owner has to be compensated for. Zoning has to be prospective as to what owner does in the future; owner is on notice of what he can and cannot do. This is applicable to any property that is currently going to be zoned by the County. If the property owner committed his property to a use while the property was still owned by the City, and the land was put to that use, then the County cannot change it. Mr. Fox stated question comes up as to when land is committed to a particular use. Mr. Fox stated this depends on'the £acts of each case after which the attorneys would have to make a study of other similar cases and form an opinion which would be second guessing on what the Courts would say on the subject. Mr. Fox stated the County Commissioners cannot rezone and restrict a person's current use o£ their property. Mr. Raeford Trask was heard next. Mr. Trask stated he went through a lot to get the 110 acres zoned on Highway 132. Thirty acres were zoned for apartments. The other is zoned commercial. Mr. Trask stated he deeded 24 lots for a buffer zone and already has three commitments toward a shopping center. Mr. Trask stated he also had commitment at King's Grant for a market which has been rezoned now to residential. . Mr. Fox pointed out mere intention.of property owner to use his property for certain things does not control or bind the Board of.Commissioners in anyiaay whatsoever. If a person has done his topo o~ork, has entered into contracts with some developer for $250,000 to $300,000, and he has an obli~ation to pay the contractor who is supposed to lay out the roads, etc., this person has not only gotten the property reads in a pY~ysical sense, but he has irrevocable commitments and obligations he has to fulfill. Mr. Fox pointed out situations just outlined will have to be decided on by its own merits. ' 14.9 MINUTES OF THE MEETING - JUNE 19, 1972 (CONTINUED) PUBLIC HEARING - CONSIDERATION ADOPTION OF ZONING MAP OF.TERRITORY SURROUNDING CITY OF WILMINC~ON FOR DISTANCE OF ONE MILE BEYOND CITY LIMITS (CONTINUED) - Mr. Bruce Cameron was recognized and spoke to the point that he did not think it was fair after going through one rezoning to have to ~o through it again. Mr. Cameron had re- ference to apartments he proposes to build on Shipyard Boulevard. Mr. Harriss stated to Mr. Cameron before the Board of Commissioners can adopt the proposed zoning or any variations of it, the apartment ordinance will have to be passed. This will come first, and then the Board will be able to make a designation even at the same meeting. Mr. Joe Reaves was recognized next. He stated they had projected an area to be an ideal spot for business use; you have to have population there before you can support a business. They have made quite an expenditure in engineering, architectural plans, have negotiated lease for land, and have already started using land for non-residential uses. This is an area on Highway 132 near the college. Mr. Reaves stated they are on the threshold of using the property. Now, by looking at the proposed throughways and streets, this piece of property will be divided by a througho~aq street and has now been zoned re- sidential. Mr. Reaves did not think it was proper, feeling it was taking land back which had been projected for commercial use. Mr. Sutton stated the Planning Commission is contemplating recommending to the Board of County Commissioners some kind of o£fice district in the County Ordinance. Mr. Sutton stated they are really talking about converting the City Ordinance, which has been designed for an urban area, with more varied.range of uses with the County Ordinance which was not designed as such; it had fewer zoning districts. Mr. Sutton stated they hoped to come up with something that would encourage an office and professional type of district in the vicinity of the college. Mr. Harriss expressed desire other areas will be included for this type of district. Mr. Harriss stated since there are several areas involved in this proposed zoning in which it appears that commitments have been made, he would appreciate very much £or the clarification of this matter before the Board of Commissioners. Mr. Harriss suggested those who have commitments in this area write a letter to the Board, so the Board might have a record of these things.. Mr. Harriss stated he hoped the news media would publicize this matter so that anyone who is not present at this meeting would realize there is a map which will remain on display in the Commissioners' Of£ice for the convenience and information of ar~yone who has not seen it, and letters stating disagreement where there are substantial commitments would be welcomed by the Commissioners. Mr. Williams stated the Cit9's Zoning Jurisdiction under the present plan expires midnight June 30, 1972. If the Board fails to adopt regulations prior to that time, there will be a period of time when there is absolutely no planning and zoning regulation in effect. Mr. Williams stated he questioned whether it would be wise to defer action on this proposal past June 30th. Discussion was held as to whether the City could be requested to extend time of their control over this area until the County can adopt zoning in this area. Mr. Mallory stated, based on what the City has readopted, they would have to readopt ordinance which would per- mit the City to extend time of relinquishment. The City is required to adopt all their ordinances by July lst. They have already done this. Their Zoning Ordinance pertains only to the City Limits. The City would have to readvertise and adopt resolution between this Board and the City as to what date the change would be effective. This would be a lengthy procedure. Mr. Harriss pointed out he thought the record will show when it was proposed the County assume control over the one-mile area, that he felt the County was moving mighty fast on the control o£ the one...mile area. Since it is too late.£or the necessary procedure required by the City to extend the time of relinquishing control in the one-mile area, Mr. Hall moved the Board of Commissioners adopt this plan with the full understanding that all considerations will be given to those who have substantial inter.est and have made substantial progress and to other exceptions that have to be made. Mr. Harriss stated he would come more nearly voting on a motion that would freeze designations, insofar as possible, until formal approval of this proposal. Mr. Marks was of the opinion the letters the Chairman is requesting from people who, in their minds, have made commitments, will give the Board an opportunity to acknowledge them and accommodate them to the Board's best ability when the time comes. Mr. Marks stated he felt it was the Board's responsibility to take the one-mile area over and not £urther delay it, leaving the way open to accommodate these people who have made commitments: Mr. Marks seconded Mr. Hall's motion. No action was taken on this motion. Mr. Harriss stated if the Board adopted a motion approving the proposed zoning with the exceptions that no changes be made in the designations made by the City, insofar as the Board is legally able to do so, that would still leave the door open for the Board to come back and change it if the Board wants to, but it would give the people who have come here with statements of commitments of substantial nature of construction and other matters pertaining to these particular areas on which they proceeded with the confidence that the City had acted, and they were therefore legally in the clear. Mr. Harriss felt this would give these people some legal standing which they would not have if the Board passed the ordinance with just a gentlemen's agreement. Mr. Fox stated to adopt an ordinance with ttie same zoning designations as the City had, the geographic designations would have to be changed to conform with the existing County Classifications or the County Ordinance would have to be amended to provide new classifications that would be applicable in the same manner as the City's classifications have been in the past. ' Mr. F~ssell was heard from at this time. Mr. Ftizssell pointed out area on map that he is interested in which is zoned commercial at present. Mr. Fussell's home is located there, and he stated he had done nothing to change all this property to commercial, but has spent several thousands of dollars improving another piece of property to use as his residence when he does sell his present home. Mr. Fussell pointed out he has only approximately 1-1/3 acres which would prevent him from requesting it be rezoned commercial under the floating zone. Mr. F~ssell had been through the proper channels to get his home zoned commercial. ~ J~ MINUTES OF THE MEETING - JUNE 19, 1972 (CONTINUED) PUBLIC HEARING - CONSIDERATION ADOPTION OF ZONING MAP OF TERRITORY SURROUNDING CITY OF WILMINC~PON FOR DISTANCE OF ONE MIT,E BEYOND CITY LIMITS (CONTINUED) - Mr. Louis Burney, Attorney for Mr. Fussell, stated Mr. Fussell had entered into a con- tract on April 1~, 19'72 to sell this property to the North Carolina National Bank for a substantial~amount~of money. The closing date was Saturdag, but today is the day it was to be closed. Mr. Burney wanted to know where to go nov~. Mr. Burney stated the Bank does not want the property~if it is not.zoned commercial. rr. Burney stated it seemed the best thing to do is to go and then chan~e later. Mr. Harriss stated he did not know whether it can be done. move to adopt this plan with these exceptions, that all present related as nearly comparable as possible to County desi~nations time as zoning modifications are requested. Mr. Harriss moved, the Board do this. ~long with the present zoning If the Board,can, he would City zoning designations be and retained until such seconded by Nr. Oxenfeld, Mr. Fox stated the ordinance Mr. Mallory has prepared will have to be changed substantially in this regard, and if this is adopted at this meeting, as the intention of the Board, Mr. Fox suggested Nr. Mallory change the ordinance and coine back to the Board with an ordinance as concrete as the Board can actually adopt. The ordinance in its present form does not actually accomplish the objective. Mr. Harriss was of the opinion the Board cannot do an,ything else; there are commitments that have been made or about to be made with which the adoption of the ordinance now drawn would interfere substantially. Mr. Williams su~gested before vote is taken on motion it be referred to the County Attorne~, Planning Director and his staff and let them work out together an ordinance properly worded and the map designations changed as to what the Board wants them to be. Mr. Har.riss stated that was exactly what the Board intended to do; the motion states the Board defer this until the Board gets related designations. Mr. Fox has suggested the Board have a special meeting at which this amended ordinance can be adopted prior to July 1, 1971. . Mr. Harriss restated his motion: Mr. Harriss moved, seconded by Mr. Oxenfeld, that the present ordinance be adopted with the exceptions as now ~existing in the City Ordinance to remain in effect as near as possible with.similar designations from the County Ordinance be applied and that Mr. Mallory amend the present ordinance and the Board have a special meetin~ as soon as he does have the amendment prepared for the purpose of consideration of the amended ordinance, this to apply before July 1, 19'72, so the County will not have a hiatus. (Motion later withdrawn) Mr. Cantwell, member of the Planning Commission, stated the proposal from the Planning Commission was not unanimously agreed to. Mr. Cantwell stated in their discussions the Planning Commission had an alternate map which as nearly as possible related the new designa- tions to the existing desi~nations. Mr. Cantwell su~gested the other map might do what the Board wishes. Mr. Mallory £elt this was true; however, apartments will be in a R-15 Zone. Special use permits could be requested. rLr. Fussell was heard from. He asked for clari£ication as to whether it would be possible to adopt City's zoning ordinance to 'cover these areas. Mr. Harriss stated it would not. County has to advertise any ordinance which it intends to adopt which would require 15 aays. Mr. Bruce Cameron inquired when amended.ordinance is adopted will it reguire developers to again request re-zoning for apartments. Mr. Mallory stated procedure, if County..ordinance is amended, would reguire developer to request a special use permit, but not rezoning. Special Use Permit will be requested after submitting plans of his apartment project, showing open space area, etc. Rezoning is only thin~ requested from the City. This is true of all apartment projects throughout the City. Mr. Malpass requested clarification on the property at Flemington. Mr. Harriss stated property that would come within the County's control now was extended as an R-15 zone which is what the other part was. Mr. Mallory suggested that Countg grant a two to four day moratorium on the issuance o£ building permits until the matter is resolved on Frid~y, July '], 1972• This would keep everything in abeyance until the Commissioners can come up with a map that they would like to adopt. Mr. Fox was of the opinion this would involve some dif£iculties. Mr. Harriss withdrew motion previously made and Mr. Oxenfeld withdrew his second. Mr. Harriss moved, seconded by Mr. Oxenfeld, matter be deferred until 4:00 P.M. this afternoon and Publi.c Hearing recessed until that time, and an,yone who wishes are invited to come back. Motion carried unanimously. ' PUBLIC HEARING RECONVEIdED AT 4:00 P...M. - CONSIDERATION A-OPTION OF ZONING MAP OF TERRITORY SURROUNDING CITY OF 47ILMINGTON FOR DISTANCE OF ONE MILE BEYOND CITY LIMITS - Mr. Harriss declared Public Hearing For Consideration of Adoption of Zonin~ Map of Territory Surrounding City of Wilmington Por Distance of One Mile Beyond City Limits re- convened. Mr. Mallory stated map, as requested by the Commissioners, showing as closely as possible the existing City zoning being incorporated in Covnty zoning in all the areas where practical to do so had been prepared. Mr. Sutton presented alternative map. Mr. Sutton stated the alternative map accommodates requests with exception of those for apartments. Map was converted more nearly as the City had the area zoned. Mr. Sutton stated the Planning Commission recommends shopping center areas be designated as shopping center districts subject to the conditions that are in the requirements in the Zoning Ordinance. There would be no need really £or B-2 designation; all of usages allowed in B-2 are permitted in a shopping center district and in addition other usages that are listed in a shopping center requirement. 1~5~ MINUTES OF THE MEETING - JUNE 19, 1972 (CONTINUED) PUBLIC HEARING RECONVENED AT 4:00 P.M. - CONSIDERATION ADOPTION OF ZONING MAP OF TERRITORY SURROUNDING CITY OF WILMINC~PON FOR DISTANCE OF OIVE MILE BEYOND CITY LIMITS (CONTINUED) - Mr. Sutton stated an alternative would be to take the other map and designate these areas as shopping center dist'ricts at this time and make it subject to the conditions in the ordinance. It was pointed out City and County requirements are similar with respect to shopping centers. P'ir. Fox stated areas could be designated as shopping center districts. Mr. Oxenfeld raised question of oahether shopping center districts will allow the same usages that now exist in the C-1 District in the City Zimits. Mr. Sutton said it would not; und;er City's ordinance it permits anything except about 10 or 15 usages that are specifically stated that cannot go in. Mr. Sutton stated an entire new district will have to be established to include everything that is allowed in the C-1 District in the City. Mr. Oxenfeld stated he raised question because some items might be under consideration in these B-2 areas previously on C-1 requirement basis which would not be allowed to go in there now. Mr. Sutton stated this has already come up. Mr. Richard Morgan, Attorney for Mr. Cameron, requested the Commissioners resolve today if they will grant special use permit for apartment. Mr. Harriss requested he with- hold discussion on this for a short period. Mr. Harriss stated if there were an,y new comments specifically directed to the map just discussed, the Board would be glad to hear them. Mr. Louis Burney, Attorney for Mr. Neil Blake, stated Mr. Blake purchased a tract of land £rom the County about four months ago £or the purpose of putting up a meat processing plant. Mr. Burney stated as it is zoned now it would be impossible for Mr. Blake to use land sold him by the County. Mr. Burney stated Mr. Blake needed I-2 zoning for meat pro- cessing plant. By comnon consent it was agreed I-2 be extended to take care of this property. Mr. Reaves pointed out subdivision had been started on Carolina Beach Road which was desi~nated as R-10. This is behind a B-2 area. Part o£ it has been recorded. By common consent the Planning Department was reguested to designate this subdivision and it can be located later. Mr. Malpass requested County to take all of Flemington in and requested it be left as a subdivision. Mr. Harriss stated, subject to them being able to show title to property and showing Judge's ruling it is their property, there is no reason why it should not be , kept a subdivision. Mr. Lennon spoke £or Mr. Judson Moore, 5218-5220 Wrightsville Avenue, which is across the street from Cape Fear Hospital. They have been through the procedure with the Planning Department. They are requesting it zoned so as to be used as a related zoning designation for hospital area. Mr. Jim Wade represented Dr. Black reguesting rezoning for a motel. Since this had not been presented to the Planning Depart~ent, Mr. 4lade.was referred to the Plannin~ Department. Mr. Reaves expressed thanks to the Commissioners and the Planning Department for the consideration given them today, and others present expressed their thanks by a round of applause. Mr. Harriss moved, seconded by Mr. Oxenfeld, that it is the intention of the Commis- sioners to convert the already approved apartment designations to the new County designation as soon as the Board may legally do so. Motion carried unanimously. Mr. Harriss stated it would be in order £or adoption of the One Mile Zoning Area with the appropriate amendments under the amended map. Mr. Fox suggested motion include adopting zoning in its aggregate as shown on map just presented with the additional R-10 District on the right; I-2 be extended to Mr. Neil Blake's property; R-10 on the Carolina Beach Road; Flemington Subdivision brought out to 421, subject to the checking o£ deed and order of the Judge; and the designation of 5218-20 Wrightsville Avenue, at the reguest of Cape Fear Memorial Hospital and Mr. Judson Moore, to B-1. Mr. Mallory questioned r~hether last request would have sufficient area. The last request will be omitted at this time and handled later. Mr. Sutton pointed out B-2 area on bottom of map changes; it is not exactly like it was in the City and there are some businesses in here that would not be included if it is not extended as it was on the City's map. It was recommendation of Planning Department this be extended to include those areas. Mr. Oxenfeld questioned zoning areas as shopping center districts rather than B-2 which would more nearly conform to the present City requirements. If they were zoned- as shopping zone areas they will be limited to how these areas can be developed and suggested these areas be B-2. It was pointed out that is what the map shows. Mr. Oxenfeld moved, seconded by Mr. Hall, the zoning map as amended with the I-2 area adjacent to Smith's Creek; the R-10 area adjacent to the Carolina Beach Road; the Flemington area being zoned R-15, subject to County Attorney checking to determine whether residents hold a warranty deed to property and a Court Order had been filed establishing their ou~nership; and extension of B-2 district as recommended by the Planning Department on the Carolina Beach Road (as recommended on the original map) be approved, ef£ective July 1, 19~2. Motion carried unariimously. PYr. Harriss announced Public Hearing closed. • DATE OF NEXT REGULAR MEETING - lliscussion was held as to date of next regular meeting. By common consent it was agreed to reschedule the July 3rd meeting to July 7th at 9:00 A.M. in order to give ample time for readvertisement of Public Hearing to be held at 9:30 A.N. to consider, among other things, amendments to the County Zoning Ordinance regarding apartments. The Attorney was requested to check legality of changing date of ineeting, since it is required by law to have meetin~ on first Monday of each month unless Monday falls on holida,y. The County Attorney later advised the Board the following resolution should be adopted. By common consent this was done. ~.~? MINUTES OF THE MEETING - JU1VE 19, 1972 (CONTINUED) DATE OF NEXT REGULAR MEETING (CONTINUED) - "RESOLVED that the Board of Commissioners of New Hanover County herewith designates Friday, July '7, 19'72, at 9:00 A.M., as the time o£ its regular meeting to be held in the first week of July, and further desi~nates the office of the Board of Commissioners, 14 North Third Street, Wilmington, North Carolina, as the site of said meeting. A copy of this resolutionshall be posted on the Courthouse bulletin board, and the same shall be published in newspapers published in New Hanover County qualified.to.publish legal advertisements." CONSIDERATION ORDINAI~TCE REGULATING THE OPERATION OF "MASSAGE PARLORS „ HEALTH SAIANS AND PHYSICAL CULTURE STUDIOS.'.'...- fAmended in its entirety on 6/Z6/75. See Minute Book 16, Pp. 221-223. ) Mr. Williams stated he placed this on the agenda after discussing subject with the Sheriff. The Sheriff agrees this be referred to the Sheriff, County Attorney, and County Manager in order that they ma,y consider the question of regulating certain operations as referred to and report back to the Board as soon as they have completed this study and finalized their recommendations. The Sheriff stated he felt this should be done; they have had numerous complaints. Mr. Williams moved, seconded by Mr. Hall, that the question be referred to the County Attorney, Sheriff, and County Manager to draw up a proposed ordinance regulating operation of "Massa~e Parlors, Health Salons and PY~ysical Culture Studios". Motion carried unanimously. Mr. Fox stated such an ordinance can be adopted without advertisement if full Board is present and vote is unanimous. Later in the meeting Mr. Fox presented the ordinance to the Board. Mr. Williams moved, seconded by Mr. Harriss, the following ordinance be adopted. Motion carried unanimously. "AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS GOVERNING THE PRCFESSION OF MASSEUR "Be it ordained by the Board of Commissioners of,New Hanover County: "1. To protect the general health, safety, welfare and morals, the following licensing provisions hereinafter specified are ordained £or the privilege of carrying on the business, trade or profession of masseur or masseuse and for the operation of carrying on of the businesses, trade or professions commonly known as massage parlors, health salons, physical culture studios, clubs or establish- ments, or similar establishments wherein pY~ysical culture, massage, hydrotherapy or other pk~ysical treatment of the human body is carried on or practiced. The provisions of this article shall not apply to a regularly established and licensed hospital, sanitarium, nursing home or medical clinic, nor to the of£ice or clinic operated by a duly qualified and licensed medical practitioner or chiropractor in connection with his practice of inedic"ine or chiropractic, provided, however, that such office.or clinic is regularly used b~ such medical practitioner or chiropractor as his principal location for his practice of inedicine or chiropractic. "2. An,y person desiring to engage in the business, trade or profession of masseizr_.or masseuse or the operation or carrying on of any of the businesses, trades, professions, occupations or callings mentioned in Section 1 above, shall, before engaging in such business, trade, profession, occupation or calling, file an application for a li:cense addressed to the County Manager and the Board o£ Commis- sioners. Such application shall be in writing and shall set forth the following: ~~ (a) Name and address of applicant. If such applicant be a corporation, the address or addresses o£ such corporation. "(b) Quali£ications must be plainly stated and must be submitted to- gether with required exhibits annexed to such application. "3. An applicant hereunder, prior to making application for a license, must have the following qualifications: "(a) The applicant may be male or female and shall be required to pro- vide proof of good moral character, and in the case the applicant is a corporation, such corporation must be created in or domesticated by the laws of this state. ~ "(b) Such applicant must furnish a health certificate of a medical doctor which shall accompany such application as an exhibit. Should the applicant be a corporation, it shall furnish such certificate to cover its agents or employees who k~ill be actually en~aged and working under said license; provided further, that employees who begin work following the original issuance of license under this article shall likewise obtain such health certificates, which certificates shall be furnished to the county sherif£'s department. "4. If such application is submitted in proper £orm and is approved by the Board of Commissioners, then the County Manager, on payment of $100.00 is authorized to issue a business license to such applicant. "5. Ar~y applicant granted a license hereunder shall have the authority to train masseurs and masseuses under their supervision in their studio or establish- ment, provided that the licensee shall furnish to the sheriff department of the county, there to be kept by such department, a health certificate of such employee from a medical doctor. "6. It shall be the duty of al1 persons holding a license hereunder to file with the sheriff department of the county, the names of all employees, their home addresses, home telephone numbers and places of employment. Changes in the list of employees with the names of new employees must be £iled with the Sheriff of New Hanover County within seven (']) days from the date o£ any such change. "~. It shall be the duty of any person ~ranted a lic'ense hereunder to main- tain correct and accurate~records of the names and addresses of the persons receiving treatment at said establishment, the type of treatment administered, and the name of the person of the establishment administering said treatment. Said records shall be subject to inspection at any time by any member of the sheriff's department of New Hanover County. 15~ MINUTES OF THE MEETING, JUNE 19, 1972 ~CONTINUED) CONSIDERATION ORDINANCE REGUZATING THE OPERATION OF "MASSAGE PAFiIpRS, HEAI,TH SAIANS AND PHYSICAL CULTURE STUDIOS"(CONTINUED) - "8. Whenever in the opinion of the sheriff of New Hanover County, there is good cause to revoke a license acquired hereunder, he shall submit a written recommendation of revocation to the County Manager and the Board of Commissioners, and by re~istered mail shall forward to the licensee a copy of his recommendation. The Board of Commissioners shall thereupon be authorized to revoke such license i~ in their sound discretion it is in the best interests of the health, safety, welfare, or morals of the people of the county. "9. No masseur or masseuse or any person or party engaging in any of the businesses licensed by this article shall engage in such business, trade, pro- fession,occupation or calling except within and between the hours of.8:00 o'clock a.m. and 10:00 o'clock p.m.; nor shall a~y operator of a massage parlor or estab- lishment or business above enumerated operate the same except oiithin and between the aforesaid hours. "10. Restricted. It shall be unlawful for any person holding a license under this article to treat a person of the opposite sex, except upon the signed order of a licensed physician, osteopath, chiropractor, or registered physical therapist, which order shall be dated and shall specifically state the number of treatments, not to exceed ten (10). The date and hour of each treatment given and the name of the operator shall be entered on such order by the establishment where such treatments are given and shall be subject to inspection by the sheri£f at any time. The requirements of this section shall not apply to treatments given in the residence of a physical therapist, chiropractor, or in a regularly established and licensed hospital or sanitarium. "11. Scope of Article. A person who applies manual or mechanical massage or similar treatments to the human trunk or limbs shall be deemed, within the terms of this article, a'masseur' or 'masseuse.' "12. Restricted. It shall be unlaw£ul for any person under the age of eighteen (18) to patronize any massage parlor or similar establishment licensed hereunder unless such person carries with~him at the time of such patronage, a written order directing the treatment to be given signed by a regularly licensed pk~ysician. "13. Duty of Operator. It shall be the duty of the operator of such massage parlor or similar establishment licensed hereunder to determine the age of the person patronizing such establishment and a violation of this section shall be ~rounds for revocation of the license of such establishment. "14. Massages may be given by persons not holding a license as a masseur or masseuse provided such massages are given under the direct supervision of a person having a license as a masseur or,masseuse, and further provided that a person holding a license as a masseur or masseuse shall be in the same room where the massage is being administered during the entire time of the giving of the said massage. "15. 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. "16. 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 pro- vided by Section 14-4 of the General Statutes of North Carolina. "17. This ordinance shall take effect on the 26th day of June, 19~2." PROPOSAL - ERIC HILL ASSOCIATES, INC. - ANALYSIS OF ALTERNATIVE SITES FaR -EVELOPMENT OF A GOVERNMEIQTAL CENTER IN WII,MINGJPON - Mr. Harriss called attention to a proposal from Eric Hill Associates, Inc. for analysis of alternative sites for the development of a governmental center in Wilmington. They pro- pose to use space needs 19~0-T990 prepared by the Planning Department. This report re- commends development of a joint City-County facility. Their assignment would be establish- ment o£ a tentative program of building needs, relate the program of building needs to both minimum and optimum site size, identify alternative site locations, establish criteria £or evaluation of alternate sites, evaluate sites and prepare recommendations. It is estimated the work would be prepared concurrently with work described in a proposal previously sub- mitted to the Redevelopment Commission of the City o£ Wilmington. Work for the Redevelop- ment Commission would be in July and evaluation of alternative sites for a governmental center might begin in early August. They desire both efforts approved together and the pro- posed fee is premised on that assumption. The work described would be completed within 90 days. Fee would be $4,000. They propose to furnish draft of £indings and upon acceptance of draft the final printed report (25 copies). Mr. Harriss suggested considering at this time adoption of this project and authorize them to prepare the contract. Mr. Oxenfeld stated since he felt so strongly about this and encouraged by the contents of the proposal he would be delighted to make such a motion, and that a letter be written Eric Hill Associates, Inc. immediately expressing the intent to proceed with this study and the Chairman be authorized to sign letter. Mr. Marks seconded motion. Mr. Oxenfeld stated details of rahether or not to have project administered through the Redevelopment Commission or separately can be established by working through the County Manager. Vote was called on motion. It carried unanimously. Mr. Harriss reguested Mr. Bowden consult with Eric Hill Associates, Inc. and determine what is involved in having a separate study or having it handled through the Redevelopment Commission. MINUTES OF THE MEETING - JUNE 19, 1972 (CONTINUED) DISCUSSION OF IANG RANGE CAPITAL Il"iPROVEMENT PROGRAM PRIORITIES - Mr. Williams stated the County's Capital needs are increasing as everyone knows. Physical facilities are growin~ older and some are out dated. Added new facilities are needed. Mr. Williams feels the County should pro£it by what many national companies are doing now and that is to take an inventory of the County's current and projected needs over a period o£ up to ten years and start setting priorities and begin a program of ineeting the needs rather than waitin~ until they become emergencies, and the County has to react to the need. Mr. Harriss said he could not agree more and this problem was recognized at least two years ago when the County started putting up money for Juvenile Detention Home, Jail, and for the.purchase of property that might be used in the construction of a~overnmental complex. Mr. 4Jilliams stated he_recognized the fact the Board has recognized the need for a number of facilities in New Hanover County and this is the major part of it, but the Board needs to look at the overall picture for the £uture. Mr. Williams stated County needs school facili~ies, and a number of others that cannot be gotten all at one time. The problem should be looked at realistically and determine what the Board plans to do over a period of years. Mr. Williams warned if the Board does not take a realistic approach, the County will be swamped with requests. Mr. Williams suggested the County Manager be instructed, with such assistance as he may find necessary', to study this problem of long range capital improvements pro~ram and report back to the Board with specific recommendations as to how the County can best determine what the needs are going to be. Mr. Harriss stated only School Board can determine need for schools and all the Board can do is to make budget commitments or agree to have bond elections. Mr. Williams stated the County Manager would confer with the different agencies and determine the needs. Mr. Marks suggested getting one phase; the analysis of alternative sites for the develop- ment o£ a governmental center, and then the others when the Board.is not so involved in the budget. Mr. Williams stated what he was requesting was that the County Manager begin studying whole question of the future needs at this point and devote whatever time is needed when he can best afford it. Mr. Harriss felt the Board had a good idea of this noo~. The Board has voted to implement Phase I of a Sewer Plan for the more urbanized areas of the County, Board has authorized the Water and Sewer Authority to proceed with the aco,uisition of the pipe lines, and have discussed caith the School Board at various times the fact that additional school buildin~s are going to be needed. Mr. Harriss stated he did not tiaant to be contentious, but the Board is giving consideration to getting study started on the Government Complex, County is committed on the Public Health and Mental Health buildings. The Board i~iill probably have to think about a Library in the futizre and Countp is committed 'on the Jail. The County has discharged its obligation on the Juvenile Detention Center. Mr. Harriss stated it might be helpful to the voters of the County to understand what the County is involved in right now. Mr. [~iilliams stated the Board keeps mentally committing itself to various projects and sooner or later the County will be over its capacity to build if it does not start planning and establishing priorities. JAMES WALKER HOSPITAL PROPERTY - Mr. Hall advised the Board the New Hanover Memorial Hospital Board met and agreed to ofPer for sale to the County its part o£ the James 4lalker Memorial Hospital, some two or three acres and the lot across the street on Rankin (the northwest corner), for the sum of $35,000. Mr. Hall moved, seconded by Mr. Marks, the Board announce its intention to accept this offer and funds be budgeted in July to take care of it. The Hospital Board felt the County should relinquish the hospital's obligation for the demolition that is going on at this time. Motion carried unanimously. Mr. Harriss congratulated Mr. Hall who brought this to pass. INTERSTATE 95 - Nr. Williams stated several months ago some State and Local o£ficials met with the Depart- ment of Transportation about a controlled exit and access highway from Interstate 95 to Wil- mington, and it was pointed out at that time funds were not available for the planning, but someone in the Highway Administration in Washington suggested that our State Highway Commis- sion in North Carolina go ahead and start making plans for the controlled access highwa~y so when the federal funds do become available that there would not be a hold up as far as planning was concerned. Two of the Highway Commissioners, N1r. Williams understood, have in- dicated they are going to make an effort to secure the funds for this plannin~ stage, and to support their eYforts theg need to hear from local governments and other interested people supporting the idea. Mr. Williams moved, seconded by Mr. Oxenfeld, that this Board go on record as bein~ in favor o£ the early planning for the controlled access highway from Interstate 95 to Wilmington and that the Board encoura$e the allocation o£ the funds for the study, and the Chairman be authorized to sign such a letter. Motion carried unanimously. By common consent it was agreed this be in resolution form and all the Commissioners sign. COI~TTRACTS (1) BETWEEN LESLIE BONEY AND COUNTY - COUNTY HEALTH AI~TD MENTAL HEALTH BUTLDINGS (2) BALLARD-McKIM AND SAWYER - IP~ROVEMENTS AT THE AIRPORT - Mr. Marks moved, seconded by Mr. Oxenfeld, these contracts be approved and the Chairman be authorized to sign them. Motion carried unanimously. ADJOURNMENT - There being no further business to come before the Board, Mr. Harriss moved, seconded by Nlr. Hall, the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board /hs