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1973-08-20 Regular Meeting46~ MINUTES OF AUGUST 6, 1973 - 9:00 AM (CONTINUED) DISCUSSION OF INDUSTRIALIZATION BEING PLACED ON NOVENffiER BALLOT Chairman Vaughan requested that the Co~nission make possible on the election ballot in November, 1973, an opportunity for the people to express themselves as to whether they wished to have continued efforts to secure new industry. Chairman Vaughan moved that the Board express their intention to allow the people to express themselves, by means of a straw ballot in the November election, as to what direction development in the County should take. Motion died for lack of a second. Commissioner Powell stated that he would be opposed to voting to make any such blanket insertion into the ballot without knowing ahead of time what the proposal was specifically. Chairman Vaughan asked that this be placed on the August 20, 1973, agenda for further discussion. REPORT ON SOCIAL SERVICES PARKING LOT County Manager, Dan W. Eller, reported on the status of the Social Services Department's parking lot and the status of the land swap between the City and the Count,y. He stated that he would hopefully be able to present this to the Board at their next meeting. DISCUSSION OF COUNTY'S DEMAND DEPOSITS By common consent, the County Manager was requested to work with the County Auditor and get proposals from banks stating the benefits they would provide in return for handling the County's demand deposits. ADJOURNMENT There bein~ no further business to come before the Board, Chairman Vaughan adjourned the meeting. (Meeting was adjourned at 4:30 PM. See P. 469 for this addition) Respectfully submitted, n ~ . r, ~ ~ ~~ Lise K. King U Clerk to the Board k MINUTES OF REGULAR MEETING, AUGUST 20, 1973 - 9:00 AM ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, August 20, 1973, at 9:00 AM, in the Assembly Room, County Coumiissioner Building, Wilmington, North Carolina. Members persent were Commissioners Peter R. Davis; J. M. Hall, Jr.; W. Douglas Powell; Vivian S. Wright; Chairman M. H. Vaughan; County Manager, Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. Chairman Vaughan called the meeting to order. Rev. Harold R. Crocker of Ogden Advent Church offered the invocation. APPROVAL OF MINUTES: SPECIAL MEETING, AUGUST 6, 1973 Upon motion by Commissioner Powell, seconded.by Co~nissioner Davis, the minutes of the special meeting held on August 6, 1973, at 8:30 AM, were unanimously approved. APPROVAL OF MINUTES: REGULAR MEETING, AUGUST 6, 1973 Commissioner Powell requested that the following statement of his be added on Page 461 to the Appearance of Mr. James E. Holton ProtestinQ New Industry. "I think thex~s a great deal of inerit to many things you say, and certainly they deserve very serious consideration. But I think we've got to look at the over-all picture that exists in the County today. It's true tha.t our labor unemployment situation is at an all-time low for this area; however, it is still higher than some areas such as Greensboro or Charlotte. We still, relatively speaking, have a good labor supply compared to them. In addition, in the next year or 18 months, many of these expansion jobs that have been provided in this area are going to wind down, and we're going to see more labor become available. In my personal opinion, anytime we can bring an industry, which is something you don't get an opportunity to do but once every so often, so when we can bring an industry into New Hanover County that's going to contribute 8 to 10 million dollars to the tax base and increase our population by an infinitesimal percentage relative to our current population, of a hunds.ed employees, I think that's just plain good business; and we ought to grab an opportunity like that when we get it." Commissioner Wright requested that the following statement of hers be added on Page 461 to the Aonearance of Mr. James E. Holton Protestin~ New Industry. "I share quite a~few of his feelings (Mr. Holton's) in hav;i;ng just come back from a week's vacation where we visited some awfully crowded places and some highways which were just terrible. You don't know how much you appreciate your own home when you come back, and it's a little calmer and not quite as bad, and I would hate to see it get to the point where some of those other places have grown." Commissioner Davis requested that the £ollowing statement of his be added on Page 461 to the Appearance of Mr. James E. Holton Protestin~ New Industry. "I think what you (Mr. Holton) said is very appropriate, but I graduated from high school out here in 1960. I saw a small percentage of my friends go off to colle~e, which I was one who was fortunate enough to be able to go. When I finished college, I couldn t came Uack to Wilmington. There was not a company to go to work for really. There were some companies coming in, but 2 had no opportunities to come back to my'home. I saw other friends of mine, whose parents were not fortunate enough to be able to send them to college, who could not get a decent job here; who had 46q MINUTES OF REGULAR MEETING, AUGUST 20, 1973 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, AUGUST b, 1973 (CONTINUED) , to take an unskilled job; who were not able to live well. I see in the 1971 Chamber of Commerce census that 25% of our population live on something like less than $4,000. I see that half of the families'live on less that $8,000 a year. There is unemployment in this town. I put an ad in the paper last week for two carpenters; I had about 15 calls from people who wanted work. Companies like this offer jobs to people who don't have certain skills; people who can't make cabinets; people who aren't good auto mechanics. They can take a boy right out of technical school, a boy right out of high school, and they can pay him a good salary and make him a good wage earner. He.can buy a home. He can easily make a place for his family. This is what companies such as G.E. and National Gypsum have done. I hate to see Wilmington growing and growing and growing. I've livedheresince a young boy. I was born on Oleander when it was outside the city limits. Z've seen it go from a country lane to a six-lane road, which has made it very unpleasant. But 3've also seen my friends able to come back to Wilmington and able to make a good livin~. And other people who couldn't ever leave Wilmington have been able to pick themselves up. I m glad to see industry come. I hope that everybody here will one day be able to enjoy the finer things in life and not just the upper 25%." , , Chairman Vaughan requested that the following statement of his be added on Page 461 to the Appearance of Mr. James E. Holton ProtestiriQ New Industry. `' 1. "I agree 100% with 3~ir. Holton; and later in the meeting, I wish to make a proposal to you to find out just what the co~unity thinks about this thing. We do have a means of finding out what the coumiunity thinks. Z would like to say that the paper said the local officials were worked with on getting National Gypsum in here, and I do not know of this County Commission being consulted." Commissioner PowelY requested that the following statement of his be added to the discussion of the Endorsement of Mr. Ron Knopf HeadinQ Up Court Counselor System on Page 461. "I asked Judge Burnett if the Social Services Director had been consulted and concurred with this idea, and he assured us that she had been consulted." Commissioner Davis requested that on Page 468 the time of adjournment be included in the minutes, which was 4:30 PM. The Clerk was directed to include this in future minutes of the Commission. By common consent, the minutes of the regular meeting of August 6, 1973, were unanimously approved as corrected. DEFERRAL OF BUDGET MINUTES Commissioner Hall moved, seconded by Chairman Vaughan, that approval of the minutes of the Budget Hearings be deferred until the first meeting in September in order to give the Commission more time to study them. Upon vote, motion carried unanimously. APPOINTMENT OF COMMISSIONER WRIGHT TO THE NEW HANOVER COUNTY BOARD OF HEALTH Upon motion by Chairman Vaughan, seconded by Co~issioner Powell, Commissioner Vivian S. Wright was unanimously appointed to the New Hanover County Board of Health. DISCUSSION OF BOARD OF HEALTH Chairman Vaughan stated that, as he understood it, Mecklenburg County had the authority for the County Manager to have the Health Department report to him. He stated that he would like to discuss this with the Commissioners in the next few weeks~,so, if they were in agreement on this, they could present the idea to their legislators. Commissioner Hall stated that he had no objections to the reporting but, inasmuch as they had a semi-autonomous board, that this ought to be reporting for information purposes and not for purposes of being able to countermand what that board had done. Commissioner Powell stated that the thing that concerned him was that tlie Commissioners had budgetary responsibilities but no operational responsibilities. Commissioner Hall stated that budgetary responsib33ity and authority was quite a responsibility. No action was taken by the Board. DISCUSSION OF COMMISSIONER DAVIS' APPOINTMENT TO THE AIRPORT COMMISSION Commissioner Davis stated that he had been appointed to the New Hanover County Airport Commission on August 6, 1973; and, due to the fact that he owned a part interest in two airplanes, he had asked Chairman Vaughan if he would concur with his stepping off of this Commission. He stated that he did not want to have a conflict of interest. Commissioner Hall stated that, inasmuch as the County Commissioner serving on the Airport Commission had no vote, he could not see any good reason for Commissioner Davis' being taken off of it. Chairman Vaughan asked if there were any Commissioners who would concur in Commissioner Davis' resignation from the Airport Commission. Commissioners Hall, Powell and Wright and Chairman Vaughan stated that they would vote against this resignation. DISCUSSION OF MR. GEORGE NIXON'S MOBILE HOME PROBLEM Commissioner Wright stated that she had had a call from Mr. George Nixon on Friday and requested thaG the Board he'ar his problem. She explained that Mr. Nixon was in the service and wanted to park his mobile home on h'is mother's property for his wife to live in until she could join him in Alaska. Commissioner Wright stated that, since the last time he had parked his mobile home on his mother's property, the property had been zoned R-15; therefore, the Building Inspector could not issue a permit for him to have the electricity turned on. Mr. Nixon appeared before the Board and stated that his wife would be living in the mobile home for one to six months, until he could~get housing for her in Alaska. He stated that, after 4~n MINUTES OF REGULAR MEETING, AUGUST 20, 1973 (CONTINUED) DISCUSSION OF MR. GEORGE NIXON'S MOBILE HOME PROBLEM (CONTINtJED) ' his wiYe joined him in Alaska, the mobile home would be stored on the property but would not be lived in. By common consent, the Board indicated its desire to help Mr. Nixon with his problem and asked the County Attorney, Mr. Fox, to see if he could work it 4:rout with the Building Inspector so that the electricity could be turned on for Mr. Nixon's wife. Commissioner Powell requested that the minutes show that this action was not to be con- strued as setting a precedent. ' APPROVAL OF CONTRACT WITH COTT REINDEXING COMPANY Upon motion by Commissioner Wright, seconded by Commissioner Hall, a contract with The Cott Reindexing Company for reindexing and data processing work in the Register of Deeds office was unanimously approved and the Chairman was authorized to sign the contract. The total amount of this contract was $36,229 to be paid over a five-year period as set forth in the contract. INTRODUCTION OF MRS. MIRIAM SCHWARZ Mrs. Miriam 5chwarz, who had been appointed to the Cape Fear Technical Institute ~oard of Trustees at the Cou¢nissioners' August 6, 1973, meeting,was introduced to the Board. DISCUSSION OF AIR CONDITIONING IN THE COURTHOUSE Couunissioner Wright stated that Judge Burnett wanted the Board to be aware of the fact that the air conditioning had been off in the courtrooms for about a week, and that the people who were working on it were apparentally not doing it satisfactorily. She stated that Judge Burnett felt that the Board should be aware of this problem because they could not hold court. No action was taken by the Board. PUBLIC HEARING Chairman baughan opened the public hearing for discussion. Public Hearing to consider an appeal from the recommendation of the Wilmington-New Hanover Planning Coffinnission to deny a request to rezone property on the west side of Englewood Drive between Oleander Drive and Brenda Drive from R-15 (Single Family District) to B-2 (Business District) in Zoning Area ~~9B. . Mrs. Judy Schillmoller, AcEing Planning Director, stated that the Wilmington-New Hanover Planning Commission had heard this request at their meeting of July 6, 1973, and had recommended unanimously that this request be denied. Mrs. Schillmoller stated that the Board of Commissioners had tabled this request at their meeting of August 6, 1973. Upon motion by Commissioner Wright, seconded by Commissioner Davis, Commissioner Hall was unanimously granted permission to abstain from voting on this item because Mr. James L. Nelson, the Attorney representing the Petitioner, was his son-in-law. ' Mrs. Joyce Vietto, Mrs. Rupert Brinson, Mrs. Larry Colvin, Mr. David Sniveley, Mrs. George Sternberger, and Mr. Lewis Sasser appeared with a group to protest this rezoning request. Mr. James L. Nelson, Attorney at Law, appeared before the Board on behalf of the Petitioner, Dr. Gerald Hardison. Commissioner Powell moved, seconded by Chairman Vaughan, that this rezoning request be denied. Upon vote, motion was approved as follows: Voting Aye: Commissioners Davis, Powell, and Chairman Vaughan. Voting Noe: Commiss•ioner Wright. ~ Abstaining: Commissioner Hall. Commissioner Wright stated that she felt Dr. Hardison had done what he could do, by promising a 20-foot buffer, to try to satisfy the residents of the neighborhood and use his own property in the way that he wanted to. Public HearinQ to consider a.request to rezone a tract of land bounded on the east and west sides of North Kerr Avenv.e between Smith Creek and the intersection of S.R. 1353 and North Kerr Avenue from R-15 (Single Family District) to I-1 (Industrial District) in Zoning Area ~~9A. Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commission had heard this request at their meeting of August 1, 1973, and had recommended unanimously that this request be approved. Mr. Alton Lennon,.Attorney at Law, appeared on behalf of the Petitioner, Mr. Robert King. Chairman Vaughan asked if there were anyone present to protest this rezoning request, and no one spoke in opposition. Commissioner Powell moved, seconded by Commissioner Wright, that this rezoning request be approved. Upon vote, motion carried unanimously. fOrdinance rezoning this property zs contained in Zoning Ordinance Book I, Section 9A, Page 6.) ~~ ~ s MINUTES OF REGULAR MEETING, AUGUST 20, 1973 (CONTINUED) PUBLIC HEARING (CONTINUED) Public HearinQ to consider a r•equest to rezone property on the west side of Blue Clay Road between Hall Drive and 23rd Street from R-15 (Single Family District) to I-1 (Industrial District) in Zoning Area ~k9A. Mrs. Judy Schillmoller, Acting Planning Director, stated that this request had been heard by the Planning Commission at their meeting of August 1, 1973, and the~ had recommended unanimously that this request be approved. Chairman Vaughan asked if there were anyone present to protest this rezoning request, and no one~spoke in opposition. Commissioner Davis moved, seconded by Commissioner Wright, that this request be approved. Upon vote, motion cax'ried unanimously. (Ordinance rezoning this property is contained in Zoning Ordinance Book I, Seetion 9A, Page 7.J Public Hearing to consider a request to rezone a tract of land on the north side of Gordon Road approximately 400 feet east of the intersection of Gordon Road and~Highway 132 (North College Road) and fronting on the west side of Highway 132 approximately 700 feet north of the intersection of Gordon Road and Highway 132 from R-15 (Single Family District) to R?::10 (Single Family District) in Zoning Area ~~8B. Mrs. Judy Schillmoller, Acting Planning Director, stated that this request had been heard by the Planning Commission at their meeting of August 1, 1973, and that they had recommended unanimously that this request be approved. Mr. Franklin Jackson, Attorney at Law, appeared on behalf of the Petitioner, The Eddie Lewis Construction Company. Mr. A. H. Harrell, developer of Brookfield, appeared before the Board to state that his lots, across New Gordon Road from the property under consideration for rezoning, were 20,000 sq. ft. lots. He requested that the lots facing New Gordon Road be larger than the 10,000 sq. ft. that would be permitted in the rezoning so that there would not be such a drastic change across the street from his lots. Commissioner Powell moved, seconded by Co~issioner Hall, that this request be tabled until the Commission's first meeting in 5eptember, 1973, in order to give the Petitioner and Mr. Harrell an opportunity to reach an equitable solution. Upon vote, motion carried unanimously. Public Hearing to consider a request to rezone from R-15 (Single Family District) to R-10 (Single Family District) in Zoning Area ~~8A a tract of land on the northeast side of Highway 132 (North College Road) approximately 200 feet northwest of the intersection of Highway 132 and Parmele Road, said tract extending from Highway 132 northwardly to Prince George Creek. Mrs. Judy Schillmoller, Acting Planning Director, stated that this request had been heard by the Planning Commission at their meeting of August 1, 1973, and that they had recommended unanimously that this request be approved. Mr.~Franklin Jackson, Attorney at Law, appeared on behalf of the Petitioner, 5uggs & Harrelson Construction Company. Chairman Vaughan asked if there were anyone present to protest this rezoning request, and no one spoke in opposition. Commissioner Wright moved, seconded by Coumiissioner Powell, that this rezoning request be approved. Upon vote, motion Carried unanimously. (Ordinance rezoning this property is contained in Zoning Ordinance Book I, Section SA, Page 3.) Public HearinQ to consider a request to rezone property at 5004 Wrightsville Avenue between Wallace Avenue and Wood Dale Drive on the south side of the street (being Lots 1 thru 3 and 21 thru 24, Winter Park Heights) from R-15 (Single Family District) to 0&I (Office and Institutional) in Zoning Area ~~9B. Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commission had heard this request at their meeting of August 1, 1973, and had recommended unanimously that this request be approved. Chairman Vaughan asked if there were anyone present to protest this rezoning request, and no one spoke in opposition. Commissioner Powell moved, seconded by Commissioner Hall, that this rezoning request be approved. Upon vote, motion carried unanimously.(ordinance rezoning this property is contazned in Zoning Ordinance Book I, Section 9B, Page 12.) Public HearinQ to consider an application for a Special Use Permit to use property located on the east side of S.R. 1406 extending southeastwardly to'the Intracoastal Waterway in Zoning Area ~~3 for a Marina in an R-20 District (Single Family District). Mrs. Judy Schillmoller, Acting Planning Director, stated that this request had been heard by the Planning Commission at their meeting of August 1, 1973, and that they had considered the following: a. That the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; b. That the use met all required conditions and specifica,tions; c. That the use would not substantially injure the value of adjoining or abutting property,> or that the use was a public necessity; and, d. That the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County. ~~2 ~ MINUTES OF REGULAR MEETING, AUGUST 20, 1973 (CONTINUED) PUBLIC HEARING (CONTINUED) Mrs. Schillmoller stated that, after taking these four things into consideration, the Planning Commission had recommended unanimously that this Special Use Permit be issued. Mr. D. H. Johnson, the Petitioner, appeared before the Board along with Mr. Roger Johnson and Miss Paula Johnson. Mr. & Mrs. Tom Reich, Mr. Winston Broadfoot, Mrs. Elizabeth H. Johnson, and Mrs. Johnston Avery appeared before the Board to protest the issuance of this Special Use Permit. Commissioner Powell moved, seconded by Coffinissioner Davis, that the Board not permit a Special Use Permit for expansion of the Marina beyond the point it was at the time the property had been rezoned. Commissioner Hall offered the substitute motion, seconded by Commissioner Powell, that this item be tabled until the Commission's second meeting in September, 1973, to see if there were any possibility of the parties concerned getting together to improve the situation rather than letting it continue to be an eyesore. • Upon vote, substitute~~motion was approved as follows: Voting Aye: Commissioners Hall, Powell and Wright. Voting Noe: Commissioner Davis and Chairman Vaughan. •PUBLIC HOSPITAL BONDS The Clerk reported to the Board that the bond order entitled "Bond Order authorizing the issuance of $9,360,000 Public Hospital Bonds of the County of New Hanover," which had been introduced on August 6, 1973, had been published in The Wilmington Morriing Star in Wilmington, North Carolina, on August 10, 1973, with notice that the Board of Commissioners would hold a public hearing thereon on August 20, 1973, at 10:00 o'clock, A.M. • Commissioner Peter R. Davis moved that the Board proceed to hold a public hearing on the bond order. The motion was seconded by Commissioner Vivian S. Wright and was unanimously adopted. At 10:00 o'clock, A.M., the Chairman announced that the Board would hear anyone who wished to be heard on the questions of the validity of the bond order and the advisability of issuing the bonds. At the direction of the Chairman, the Clerk read the bond order and the published notice of hearing. ~ After the Board had heard all persons who.requested to be heard, Commissioner J. M. Hall, Jr., moved that the public hearing be closed. The motion was seconded by Commissioner W. Douglas Powell and was unanimously adopted. ~ Commissioner W. Douglas Powe11 moved that the following resolution be adopted: WHEREAS, the bond order Hospital Bonds of the County Commissioners held on August and the Board of Commissione heard any and all who wished been closed; and, entitled "Bond Order .authorizing the issuance of $9,360,000 Public of New Hanover", introduced at the meeting of the Board of 6, 1973, has been duly published with notiee of hearing thereon rs has, at the time and place specified in such notice of hearing, to he heard with respect to the bond order, and such hearing has WHEREAS, the County's Finance Officer has, by direction of the Board of Commissioners, filed in the office of the Clerk of the Board of Commissioners a statement of debt complying with the provisions of The Local Government Bond Act, and such statement so filed shows that the - net indebtedness of the County is 2.97% of the appraised valuation of property in said County as last fixed for County taxation; NOW, THEREFORE, BE IT RESOLVED by the Board of Cou~issioners of the County of New Hanover as follows: _ (1) The bond order entitled "Bond Order authorizing the issuance of $9,360,000 Public Hospital Bonds of the County of New Hanover", introduced at the meeting of the Board of Commissioners held on August 6, 1973, is hereby adopted without change or amendment. (2) The Clerk of the Board of Commissioners is hereby directed to cause a copy of said bond order to be published once with the statement as to its adoption prescribed by ihe Local Government Bond Act in the Wilmington Morning Star, a newspaper published in Wilmington, isn said County. The motion having been duly seconded by Commissioner J. M. Hall, Jr., it was unanimously adopted. Commissioner J. M. Hall, Jr., moved the adoption of the following resolution which was read at length to the Board: WHEREAS, the Board of Commissioners has adopted the bond order hereinafter described authorizing the issuance of $9,360,000 Public Hospital Bonds, and such bond order and the indebtedness to be incurred by the issuance of such bonds and the tax to be levied for the payment of such bonds should be submitted to the voters of the County of New Hanover for their approval or disapproval in order to comply with the Constitution and laws of North Carolina; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover as follows: (1) The question whether the qualified voters of the County of New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds of the County authorized by said bond order, which indebtedness shall be secured by a pledge of the County's faith and credit, (b) the levy of a tax for the payatent thereof, and (c) said bond order, shall be submitted to the qualified voters of said County at an election to be held in said County on November 6, 1973. ~~~ MINUTES OF REGULAR MEETING, AUGUST 20, 1973 (CONTINUED) PUBLIC HOSPITAL BONDS (CONTINUED) (2) The Clerk of the Board of Commissioners is hereby authorized and directed to publish a notice of said election which shall be in substantially the following form: COUNTY OF NEW HANOVER, NORTH CAROLINA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a special election will be held in the County of New Hanover, North Carolina, on November 6, 1973, for the purpose of submitting to the qualified voters of said County the question whether they shall approve or disapprove, (1) the indebtedness to be incurred by the issuance of bonds of said County of the maximum principal amount of $9,360,000, which indebtedness shall be secured by a pledge of the County's faith and credit, and (2) the levy of a tax for the payment of such bonds and (3) the bond order entitled "Bond Order authorizing the issuance of $9,360,000 Public Hospital Bonds of the County of New Hanover", adopted by the Board of Commissioners on August 20, 1973, to authorize the issuance of said bonds and the levy of such tax.. The bonds are authorized to finance the capital costs of constructing an addition to the hospital facilities and other health related facilities owned and operated by the County, including the acquisition and installation of equipment and machinery required therefor and the acquisition of the necessary land or rights-in-land. The ballots to be used at said election shall contain the words, "Shall the order authorizing $9,360,000 bonds secured by a pledge of the faith and credit of the County of New Hanwer for the purpose of financing the capital costs of constructing an addition to the hospital facilities and other health related facilities owned and operated by the County, including the acquisition and installation of equipment and machinery required therefor and the acquisition of the necessary land or rights-in-land and a tax to be levied for the payment thereof be approved?", with squares labelled "Yes" and "No" beneath such words in one of which squares the voter may record his choice. In the event a majority of the qualified voters voting at said election vote to approve such order, the incurring of such indebtedness and the levy of such tax, said bonds shall be issued and a tax shall be levied for the payment of such bonds. The po31s for the election will open at the hour of 6:30 o'clock, A.M., and will close at the hour of 7:30 o'clock, P.M. The election will be held at the same polling places at which the last election was held in New Hanover County for the election of inembers of the General Assembly and an additional polling place, to-wit Wilmington Precinct No. 15, at William H. Blount School, 3702 Princess Place Drive, Wilmington, North Carolina. The registration records of New Hanover County will be kept open at the office of the Board of Elections of New Hanover County, County Co~ission Building, in Wilmington, North Carolina, from 8:00 o'clock, A.M. until 5:00 o'clock, P.M. on each day (Saturdays and Sundays excepted) through October 8, 1973, being the twenty-first day, Saturdays and Sundays excluded, before said election. The last day for registration for the special election shall be October 8, 1973. Any qualified voter of the County who expects to be absent from the County during all of said election day or who, because of sickness or other physical disability will ~bes:.unable to be present at the polls to vote in person on said day, may apply for an absentee ballot to be used in voting at said election not earlier than sixty days prior to said election and not later than 6:00 o'clock, P.M. on October 31, 1973, being the Wednesday immediately preceding the election. By order of the Board of Commissioners of New Aanover County. Dated August 20, 1973 Lise K. King Clerk o£ the Board of Commissioners o£ New Hanover County, North Carolina 5aid notice of special election shall be published at least twice. The first publication shall be not less than 14 days and the second publication not less than 7 days before the last day on which voters may register for the special election; provided, however, that the first of said publications shall be not later than sixty days prior to the date of such special election. (3) The polls for said election shall be opened and closed at the times and at the places stated in said notice and electors shall be registered for said election in the manner stated in said notice. (4) The New Hanover County Board of Elections is hereby requested to print and distribute the necessary ballots and to provide for the registration books and equipment for the holding of said election and to conduct and to supervise said election. (5) The Clerk of the Board of Commissioners shall mail or deliver a certified copy of this resolution to the New Hanover County Board of Elections within three days after the resolution is adopted. Commissioner W. Douglas Powell seconded the motion and the motion was unanimously adopted. LUNCH RECESS The Board of Commissioners recessed for lunch from 12:15 PM to 1:12 PM. APPROVAL TO SELL 206 GORES ROW Mr. Larry J. Powell, Tax Administrator, stated that he had received an offer from Mrs. Lillian Mitchell to purchase Block 135, S W M 2, 206 Gores Row, for $400. He stated that this property was owned jointly by New Hanover County and the City of Wilmington and had been acquired through a tax foreclosure sale on April 9, 1973. Commissioner Wright moved, seconded by Co~issioner Powell, that the Tax Administrator be authorized to sell the property as outlined in the Policy for Disposal of County Real Estate. Upon vote, motion carried unanimously. ~~F~ 6 MINUTES OF REGULAR MEETING, AUGUST 20, 1973 (CONTINUED) ABATEMENTS AND REFUNDS FROM JULY 16 THROUGH A~UGUST 20, 1973 Upon motion by Commissioner Powell, seconded by Commissianer Wright, the following requests from the Tax Administrator for abatements and refunds from Jul,y 16 through August 20, 1973, were unanimously approved. "Request the following taxes be abated as they were double listed: 1. A. M. Farrell $115.96 (67 through 73) 2. N.. Summerlin $134.55 (45 through 73) Request Mrs. Elton G. Britt be refunded $27.65 for double listing, and payment for a 1969 housetrailer." COLLECTIONS THRU 7ULY 31, 1973 By common consent, the following report from Mrs. Janie B. Straughn, Collector of Revenue, was unanimously accepted. "New Hanover County Tax Collections Collections Thru July 31, 1973 No current charges during July and August each year, all 1972 uncollected taxes transferred to back taxes as of June 30. ~ Back Taxes Real Estate Taxes Less Abatements Total Collection to Date Outstanding Balance Percentage Collected 1973 Levy $s64,346.48 78.98 20,301.66 343,965.84 6% 1972 Lev $436,Z16.3~ 64.86 27,631.44 408,520.00 6.3% Personal Taxes 31b,199.39 No control Less Abatements 79.05 established Total Collection to Date 7,423.75 until May of Outstanding Balance 308,696.59 1973. Percentage 2.4% Total money processed through collection office for New Hanover County, City.of Wilmington, Carolina Beach, Kure Beach, and Wrightsville Beach to date $73,528.90. This report is for fiscal year beginning July 1, 1973. Respectfully submitted, Janie B. Straughn „ Collector of Revenue" REQUEST FROM MR. JERRY R. WILLIAMS FOR REFUND DF INTEREST PAID ON 1968 TAXES (See P. 480 for Additso~ Mr. Jerry R. Williams appeared before the Board to request that interest paicl on 1968 taxes be refunded.~ Commissioner Powell moved, seconded by Commissioner Davis, that the interest for the first year be paid and that interest for the subsequent years be refunded subject to the Tax Adminis- trator's determining from the County Attorney Chat this would be legal. Upon vote, motion carried unanimously. APPROVAL OF SETTLEMENT OF TAX COLLECTIONS FOR 1972 Upon motion by Commissioner Davis, seconded by Commissioner Powell, the following Settlement of Tax Collections for 1972 submitted by Mrs. Janie B. Straughn, Collector of Revenue, was unanimously-approved. "New Hanover County Charged Per Scroll Discoveries Added Less Abatements Total Due New Hanover County Interest Cold:ected Advertising Cost Collected Outstanding Real Estate Delinquent Personal Property Prepayments Deposited--Wachovia Bank Deposit•in-transit 6/30/73 Over Remitted Known Overpayments David Charles Risley Bill ~~59789 $10.00 Kenneth Neil et al Bill ~~57~71 $20.00 Respectfully submitted, Settlement of Tax Collections for 1972- 138.881.64 61,392.39 390,287.54 5,821,816.13 48.72 5,355,582,25 1,058,878.20 6,414,46n.45 - 17,583.46 6,396,876.99 13,906.59 1,249.50 b , 41'L , 033 . Oti 6J412,426.42 393.34 Janie B. Straughn Collector of Revenue" 47~~ MINUTES OF REGULAR MEETING, AUGUST 20, 1973 (CONTINUED) REAPPOINTMENT OF MRS. JANIE B. STRAUGHN AS COLLECTOR OF REVENUE Upon motion by Commissioner Davis, seconded by.Commissioner Wright, Mrs. Janie B. Straughn was unanimously reappointed as Collector of Revenue for New Hanover County forwa one-year term. COLLECTOR OF REVENUE CHARGED WITH 1973 LEVY Tax Administrator, Larry J. Powell, charged Mrs. Janie B. Straughn, Collector of Revenue, with the 1973 levy, which was signed by Chairman Vaughan and attested by the Clerk to the Board. DISCUSSION OF DRAINAGE IN NEW HANOVER COUNTY At the request of Commissioner Davis, Mr. Sam Cox, District Conservationist, and Mr. Richard J. Epling, County Engineer, were present at the meeting to discuss drainage problems in New Hanover County and to discuss possible solutions. After a brief discussion, Commissioner Hall moved, seconded by Commissioner Powell, (1) that the County Manager, Mr. Eller, be authorized to work with Mr. Epling, County Engineer, in negotiating employment of another engineer to give priority in his work to plans for arterial drainage and to work closely with Mr. Cox, District Conservationist; (2) that certain areas be designated and reco~ended to the Cou~issioners as to what type of use they may be put (may need special legislation to put that into effect); and (3) that the purpose of this would be to establish priorities of work. Chairman Vaughan offered the substitute motion, seconded by Commissioner Wright, that Mr. Eller, County Manager, using the staff at his command, make a recommendation to the Commissioners at the first meeting in September, 1973, as to how to proceed with initiating an arterial drainage project. Upon vote, the substitute motion was approved as follows: Voting Aye: Commissioners Powell, Wright and Chairman Vaughan. boting Noe: Co~issioners Davis and Hall. DISCUSSION OF DITCH ON PROPERTY OF MR. JAMES BUSBY Mr. Richard J. Epling, County Engineer, reported, as directed at the Commission's meeting of June 18, 1973, that he estimated that it would cost the County $4,000 to provide a pipe of adequate size to take care of the i~nediate problem of erosion adjacent to Mr. Busby's house. Chairman Vaughan moved, seconded by Commissioner Hall, that the Commission, having evidenced a desire to take action in this instance because of the danger of destruction of the foundation of the Busby home, take corrective action recommended by the County Engineer necessary to stabilize the ditch bank iu~ediately adjacent to the home. Commissioner Wright stated that her consideration of this issue was based upon the fact that the damage had been caused by dragline work done by the Health Department, a County agency. Mr. Epling stated that he would receive informal proposals and come back to the Board when they had been received. Mr. Epling stated that he felt the County should obtain permanent easements. Upon vote, motion was approved unanimously. REQUEST FOR RESOURCE CONSERVATION AND DEVELOPMENT PROJECT FOR REGION "0" Mr. Sam Cox, District Conservationist, appeared before the Board to request New Hanover County's co-sponsoring a Resource Conservation and Development Project for Planning Region "0." After a brief discussion of duplication of effort within the County, Commissioner Hall moved, seconded by Chairman Vaughan, that the Commission express its appreciation for the thinking behind the proposed Project but deny the request for New Hanover County's co-sponsoring it. Upori vote, motion carried unanimously. ~ APPROVAL OF REQUEST FROM BRIGADE BOYS"' CLUB FOR REVENUE SHARING FUNDS ' Mr. Charles Green, President of the Brigade Boys' Club, appeared before the Board along with Mr. John G. Ormsby. He stated that he had appeared before the Board of Commissioners at their meeting of June 18, 1973, to request an appropriation of $50,000 from the Revenue Sharing ~ Funds for the Brigade Boys' Club for construction of a new clubhouse in the area of Long Leaf Homes. He stated that the Board had considered this request favorably, but had deferred action to the joint funding session between New Hanouer County and the City of Wilmington. He stated that the City Council had voted by a four to one margin to appropriate $50,000 of their Revenue Sharing Funds for this purpose and that, as a result of this appropriation from the City, a question had been raised as to the legality of the appropriation. Mr. Green presented to the Board a copy of a proposal that had been made to the Girls Club of Wilmington, Inc., and accepted by them for joint use of the facility. Commissioner Hall moved, seconded by Commissioner Davis, that an appropriation of $50,000 from Revenue Sharing Funds be made to the Brigade Boys' Club for items that they would present to the Board for approval of payment. , Upon vote, motion carried as follows: Voting Aye: Co~issioners Davis, Hall, Powell, and Chairman Vaughan. Voting Noe: Commissioner Wright. DISCUSSION OF REVISION TO THE PROMOTIONAL POLICY OF THE PERSONNEL PLAN Upon the request of Chairman Vaughan, discussion of a revision to the Promotional Policy of the County's Personnel Plan was deferred to be discussed by the Board in Executive Session. DISCUSSION OF PARK AT NORTHEAST CAPE FEAR RIVER Mr. Eller, County Manager, reported that he had met with Mr. Phillips of the Wildlife Resources Commission on Wednesday, August 8, 1973, and had been told by Mr. Phillips that, MINUTES OF REGULAR MEETING, AUGUST 20, 1973 (CONTINUED) DISCUSSION OF PARK AT NORTHEAST CAPE FEAR RIVER (CONTINUED) if the County donated or sold the park at the Northeast Cape Fear River to the State, they would build a boat ramp, improve the parking area, and possibly install some lighting. He stated that they would not put in picnic tables or litter receptacles. He stated further that he had been told that the Wildlife Resources Commission's regulations would prohibit allowing a swimming area with the boat ramp. After a brief discussion of the feasibility of donating this property to the State, in which Commissioner Davis objected to the donation, Chairman Vaughan asked Mr. Eller to meet him at 7:30 AM on Tuesday, August 21, 1973, to review the property and to determine the possibility of attaining additional land adjacent to or close to this property that could be used for park purposes. Chairman Vaughan stated that they would report to the Board at their meeting of September 4, 1973. TRANSFER OF FUNDS - JUVENILE COURT COUNSELING STAFF'S OFFICE EQUIPMENT Upon motion by Commissioner Davis, seconded by Commissioner Wright, a transfer of $975 was unanimously approved for office equipment for the Juvenile Court Counseling Staff as follows: That the appropriated surplus in the Court o£ Justice Fund be increased by $975 and that this amount be appropriated in the Clerk of Court's Expenditure Account, Equipment. DISCUSSION OF ABANDONMENT OF A PORTION OF S.R. 1534 iN MASONBORO STATE PARK Mr. Eller, County Manager, reported that the Co~issioners had heard a request from the Division of State Parks for the abandonment of a portion of S.R. 1534 in Masonboro State Park on April 2, 1973. He stated that, at that meeting, the Commissioners had voted to approve the abandonment subject to all the residents on this road north of the point of abandonment signing a letter indicating agreement with the abandonment. ' Mr. Eller stated that the Division of State Parks had notified eleven (11) property owners of the proposed abandonment and asked them to respond either pro or con. He stated that the County had received six (6) negative responses by mail and one (1) by phone from the property owners notified by the State. In addition, he stated that the County had received co~unications from at least four (4) other persons stating that they would be adversely affected. Commissioner Powell moved, seconded by Commissioner Wright, that the Board disapprove the abandonment of this road. Chairman Vaughan requested that the Commission defer action on this item in order to give the County Manager an opportunity to determine*kly the State Parks wanted to abandon the road and if and how the people, who had responded negatively to this request, would be affected adversely. Commissioner Powell withdrew his motion. RELEASE OF 5.5 ACRES OF LAND IN THE NEW HANOVER MEMORIAL HOSPITAL TRACT Upon motion by Commissioner Hall, seconded by Commissioner Powe11, Chairman Vaughan was unanimously authorized to execute a deed of release for 5.5 acres of land in the New Hanover Memorial Hospital tract to be used for the construction of the Public Health and Mental Health offices. DISCUSSION OF.THE NORTH CAROLINA RURAL CONCENTRATED EMPLOYMENT PROGRAM Upon request by Commissioner Wright, a discussion of a proposal from the North Carolina Rural Concentrated Employment Program to provide four job experience training slots to New Hanover County was deferred to be discussed in Executive Session. DISCUSSION OF REQUIRING ENVIRONMENTAL IMPACT STATEMENTS Chairman Vaughan moved, seconded by Commissioner Hall, that the County Attorney, Mr. James C. Fox, be asked to prepare an Environmental Impact Statement requirement. Upon, vote, motion carried unanimously. Chairman Vaughan appointed Commissioners Wright and Hall a committee to confer with the County Attorney on the Ordinance. DISCUSSION OF LITTER RECEPTACLES BEING PLACED AROUND THE COUNTY Chairman Vaughan requested that the question of the County s placing litter receptacles around the County be placed on the November ballot in order to get some in-put from the residents of the County. Commissioner Hall stated that he did not think this was a suitable item to be placed on a straw b'allot, that this would be a decision the Co~ission would have to make. Commissioner Powell voiced the opinion that, if the County did start placing litter receptacles around the County, that people might possibly quit using the private garbage collection agencies and start dumping all trash in and around the County's receptacles, which would force the County to go into the garbage collection business. Cou~issioner Davis stated that he agreed with Commissioner Powell and that this pointed out that the County needed to franchise the garbage collection operations around the County to keep the private companies from stopping service to certain areas. No action was taken by the Board. DISCUSSION OF STRAW BALLOT ON INDUSTRIALIZATION Chairman Vaughan moved, seconded by Cou~issioner Wright, that the following statement , be placed on the November ballot as a straw ballot: "As a citizen of New Hanover County, I do or do not approve of efforts to accelerate industrialization of our community at the present time." Commissioner Powell stated that he would be opposed to this statement, as proposed, being put on the ballot because it was not specific and it was a blanket charge against "industry" as opposed to being a cogent, definitive question. He stated that this was like putting on the ballot, "Are you in favor of motherhood?" and everybody votes "yes", but you don't ask them how many ill~g~itimate children they're in favor of having. MINUTES OF REGULAR MEETING, AUGUST 20, 1973 (CONTINUED) DISCUSSION OF STRAW BALLOT ON INDUSTRIALIZATION (CONTINUED) Commissioner Davis $tated that he was opposed to this item being placed in the November election as a straw ballot because of the bond issue, the issue of whether or not to drink mixed beverages, the City race, and the Beach race, which he stated would all be volatile issues. He stated that he was not in favor of splitting up the community any more than was necessary. He stated further that New Hanover County had been fortunate in that it had not been hit by the recession going all over the country and that, to continue living with the same quality, planned and orderly growth would have to continue:', Upon vote, Chairman Vaughan's motion was defeated as follows: Voting Aye: Commissioner Wright and Chairman Vaughan. Voting Noe: Commissioners Davis, Hall and Powell. CHANGE IN OPERATING HOURS OF WASTE INDUSTRIES, INC. County Manager, Dan W. Eller, presented a request from Mr. Jim W. Perry, General Manager of Waste Industries, Inc., that the hours of operation on Monday thru Friday at the new landfill site be changed from 8:30 AM - 5:30 PM, as stated in the contract dated June 27, 1973, to 8:00 AM - 5:00 PM. Mr. Eller "s'tated that this would require an addendum to the contract to be prepared by the County Attorney, Mr. James C. Fox. Commissioner Wright moved, seconded by Commissioner Davis, that the operating hours of the new 'landfill site be changed as requested and that Chairman Vaughan be authorized to sign the addendum to the contract. Upon vote, motion carried unanimously. APPROVAL OF INCREASED PRISONER FEES County Manager, Dan W. Eller, stated that the 5heriff's Department had been advised that the fee paid to the County for Federal prisoners could be increased from $3 to $4 a day upon request. He recommended that the Commission authorize the County Auditor to request this increase. Chairman Vaughan moved, seconded by Commissioner Hall, that the County Auditor be authorized to request this increase. Upon vote, motion carried unanimously. TRANSFER OF FUNDS - CAPE FEAR TECHNICAL INSTITUTE A request riad been received by trie Board irom Mr. S. C. Coleman, Business Manager of Cape Fear Technical Institute, that the sum of $10,000 be added to the Appropriated Surplus as Revenue and be added to Capital Outlay-Improvements, Other, as an Expenditure for paving a student parking lot. Mr. Coleman's letter stated that on July 31, 1973, these funds had reverted to Cape Fear Technical Institute's Capital Fund Surplus. Commissioner Wright questioned the existence of these funds in Capital Fund Surplus. Commissioner Hall moved, seconded by Commissioner Powell, that this transfer be approved subject to a statement from the County Auditor, Patrick G. Ross, showing that th-is $10,000 did exist as an unappropriated surplus. Upon vote, motion carried unanimously. Chairman Vaughan appointed Co~issioner Wright as an agent to discuss with the County Manager the availability of the funds in the proper shape. TRANSFER OF FUNDS - SHERIFF'.S DEPARTMENT Upon motion by Commissioner Wright, seconded by Commissioner Hall, a transf.er of $5,416 from Contingencies to the salary account of the Sheriff's Department, Account No. 510 02, ~ was unanimously approved. The Commission had approved this appropriation at the budget hearing of June 29, 1973; however, this amount was not reflected in the final budget. INSURANCE ON MONEY AND SECURITIES EXPOSURES Upon the request oY County Auditor, Patrick G. Ross, authorization of additional coverage suggested by Mr. Hardy Wessell of the Wilmington-New Hanover County Insurance Advisory Committee for money and securities exposures in New Hanover County was deferred. RESOLUTION COVERING EXPENDITURES FOR ADVERTISING Commissioner Hall moved, seconded by Commissioner Davis, that the following resolution be adopted. RESOLVED, that the sum of $40,000 contained in the item entitled "Advertising, Account No. 11 410 27" appearing on page 5(a) of the budget of New Aanover County, is appropriated from the surplus funds of New Hanover County derived from sources other than ad valorem taxation to be used exclusively for the purpose of advertising the advantages of the County of New Hanover. Before any expenditure of said appropriation shall be made, there shall be submitted to and approved by the Board of Commissioners of New Hanover County the specific advertising to be done and the approximate cost thereof. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Powell and Wright. Voting Noe: Chairman Vaughan. DECISION TO HOLD PUBLIC HEARING ON ADDITIONAL "NO WAKE" ZONE Mr. Dan W. Eller, County Manager, stated that he had received requests from Mr. J. C. Hearne, 10 Shore Drive, Wrightsville Beach, and Dr. B. L. Morgan, 14 Shore Drive, Wrightsville Beach, to extend the "No Wake" zone on Motts Channel to include their homes. Mr. J. C. Hearne appeared before the Board. Chairman Vaughan moved that action be deferred until the Commission could determine that a sizable majority of the people in the area were sympathetic with the request. Motion died for lack of a second. MINUTES OF REGULAR MEETING, AUGUST 20., 1973 (CONTINUED) DECISION TO HOLD PUBLIC HEARING ON ADDITIONAL "NO WAKE" ZONE (CONTINUED) ~ Co~issioner Davis moved, seconded by Commissioner Hall, that a public hearing be held to extend the "No Wake" zone in the vicinity of Wrightsville Beach to include the area between the Sea Path.Marina and Day Marker Number "22" situated near the southwest corner of Harbor Island. Upon vote, motion was approved as follows: Voting Aye: Commissioners Davis, Hall, Powell, and Wright. Voting Noe: Chairman Vaughan. RELEASING EMPLOYMENT SECURITY COMMISSION FROM LEASE COVERING NURSES LABORATORY BUILDING County Manager, Dan W. Eller, stated that he had received a letter from Mr. John L. Allen, Director, Administrative Services, Employment Security Co~mmission of North Carolina, requesting that the State of North Carolina be released from that portion of the lease agreement dated August 10, 1972, covering the small building designated as the Nurses Laboratory Building in the Community Hospital Building Complex used for their Concentrated Employment Program in New Hanover County. Commissioner Hall moved, seconded by Commissioner Davis, that they be released from that portion of the lease requested. Upon vote, motion carried unanimously. MENTAL HEALTH BUZLDING LEASE ' Mr. John Wilson, Local Mental Health Administrator, presented a lease for use of the downstairs area of the building at 718 South Fifth Avenue by the Mental Health Center. Commissioner Hall moved, seconded by Commissioner Davis, that the lease be approved and the Chairman be authorized to sign it subject to Commissioner Powell's satisfying his questions on certain points and notifying the Chairman that he had. Upon vote, motion carried un~animously. TRANSFER OF FUNDS - MENTAL HEALTH CENTER Commissioner Davis moved, seconded by Co~issioner Powe11, that the sum of $1,680 be appropriated to Revenue Account No. 47 359 O1, Patient Fees, and that the sum of $1,500 be appropriated to the Revenue Account No. 47 359 02, Medicaid, and that the sum of $3,180 be added to the Expenditure Account No. 47 590 21, Mental Health - Rent, Buildings & Equipment, subject to Commissioner Powell's satisfying his questions on certain points. Upon vote, motion carried unanimously. ADJOURNMENT . Commissioner Davis moved, seconded by Commissioner Hall, that the meeting be adjourned. Upon vote, motion carried unanimously. Chairman Vaughan adjourned the meeting at 4:50 PM. Respectfully submitted, ~~,~~~~ Lise K. King Clerk to the Board k MINUTES OF SPECIAL MEETING, AUGUST 22, 1973 - 9:25 AM ASSEMBLY The New Hanover County Board of Commissioners met in special session on Wednesday, August 22, 1973, at 9:25 AM in the County Commission Building, Wilmington, North Carolina, following an Executive Session. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; W. Douglas Powell; Vivian S. Wright; Chairman M. H. Vaughan; County Manager, Dan. W. Eller; and Clerk to the Board, Lise K.. King. Chairman Vaughan called the meeting to order. DISCUSSION OF ARTIFICIAL REEF County Manager, Dan W. Eller, stated that he had received a request from the North Carolina Division of Sport & Commercial Fisheries that they be allowed to store the tires to be used for the artificial reef at Wrightsville Beach at the County Garage where the school buses were parked. He stated that the total project would run six years but that, after six months, if it were unsatifactory, the tires would be moved. By common consent, it was agreed that they could store these tires at the County Garage for a time limit of six months if proper assurance were provided to the County Manager. DISCUSSION OF ADDITIONAL ROAD TO THE LANDFILL Mr. Eller, County Manager, asked the Co~ission if they wanted to pursue the possibility of a third access road to the landfill off the Carolina Power & Light road. He stated that he had determined from the State Highway Commission that this could be done in two ways: (1) on a reimbursable basis; and (2) free, if the Highway Commission were given free use of the landfill. He stated that the County would have to acquire a right-of-way from Carolina Power & Light and from the people from whom Waste Industries, Inc., leased the land. Chairman Vaughan moved, seconded by Commissioner Hall, that the County Manager be authorized to secure the necessary rights-of-way and that this be done with the State Highway Commission having free use of the landfill subject to the outcome of the litigation going on in court regarding the landfill site. Upon vote, motion carried unanimously.