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1973-12-17 Regular Meeting~~~ MINUTES OF REGULAR MEETING, DECEMBER 17, 1973 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, December 17, 1973,'at 9:00 AM in the Assembly Room, County Commission Building, Wilmington, North Carolina. ~ Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powell; County Attorney, James C. Fox; County Manager, Dan W. E11er; and Clerk to the Board, Lise K. King. Chairman Powell called the meeting to order. Rev. John Futchs offered the invocation. LETTER PROTESTING REMOVAL OF COAST GUARD CUTTER By common consent, Chairman Powell was authorized to write the United States Coast Guard protesting the removal of the Coast Guard Cutter and requesting that one be stationed in Wilmington. RESOLUTION COMMENDING COAST GUARD • By common consent, the resolution commending the Coast Guard was approved as amended to include Wilmington. TRANSFER OF FUNDS - CIVIL PREPAREDNESS Andrew H. Harriss, Jr., Civi1 Preparedness Coordinator, had requested that the sum of $500 be transferred from the Salaries and Wages Account (11 525 02) to a new account, Energy Field Agent Expense (11 525 99) so that all additional expenses relative to the Governor's Energy Panel could be accounted for separately. Commissioner Hall moved, seconded by Chairman Powell, that this request be approved. Upon vote, motion was approved as follows: Voting Aye: Commissioners Davis, Hall and Chairman Po,well. Voting Noe: Commissioner Wright. Absent: Commissioner Vaughan. COMPENSATION FOR JURY COMMISSIONERS Mr. James G. McKeithan, Clerk of Superior Court, appeared before the Board to request that they set the compensation for the members of the Jury Commission. He recommended that this fee be set at $300 each rather than the $500 paid in 1971 because less time was required this year than in 1971. Commissioner Davis requested that he be allowed to abstain from voting on this. issue as his father was a member of the Jury Commission. Commissioner Hall moved, seconded by Commissioner Wright, that Commissioner Davis be allowed to abstain on this issue. Upon vote, motion was approved as follows: Voting Aye: Commissioners Davis, Hall, Wright and Chairman Powell. Absent: Commissioner Vaughan. Commissioner Wright moved, seconded by Commissioner Hall, that the compensation for the members of the Jury Coitmiission be set at $300. Upon vote, motion was approved as follows: Voting Aye: Commissioners Hall, Wright and Chairman Powell. Abstaining: Commissioner Davis. Absent: Commissioner Vaughan. TRANSFER STATION - WASTE INDUSTRIES, INC. County Manager Eller reported that Waste Industries, Inc., had agreed to place a transfer station in the area of the Carolina Beach landfill. He recommended that the Commissioners agree to an amendment to the contract that would stipulate that, should the contract be terminated prior to the expiration date of it, the County would reimburse Waste Industries any unamortized cost on these site improvements. County Manager Eller also requested authorization to apply for an extension of the license on the Sunny Point property to be used for the transfer station. Commissioner Davis through the County Mana that Land for as long a authorized to draw up a site which could not be terminated. Upon vo~te, moved, seconded hy Commissioner Hall, that the County Attorney, ;er, ask for an extensi_on in the term of the County's control of period as could be obtained and that the County Attorney be contract in which capital improvements would be amortized on the moved or utilized by Waste Industries if the contract were motion carried as follows: Voting Aye: Commissioners Davis, Hall, Wright and Chairman Powell. Absent: Commissioner Vaughan. DISCUSSION OF TRANSFER FOR COURT OF JUSTICE FUND County Manager Eller reported that there-was presently budgeted in the Clerk of Court budget an item entitled Purchases for Inventory to provide law books for the County Law Library purchased through a subscription service. He stated that it would, therefore, be appropriate that this item be changed from Purchases for Inventory to Dues and Sub- scriptions. ~~ ~. MINUTES OF REGULAR MEETING, DECEt~BER 17, 1973 (CONTII1UEll) DISCUSSION OF TRANSFER FOR COURT OF JUSTICE FUND (CONTINUED) As this account haci a balance oY $"1.93 and it was anticipated that an additional $3,000 would be needed to continue the subscriptions and keep the Library current, he recommended that the sum of $3,000 be transferred from General Fund Contingencies (11 445 G1) to a new account, Dues and Subscriptions (17 516 53), and that the budget item, Purchases for Inventory, be deleted and that $2,000 previously appropriated for this item be included in the Dues and Subscriptions item. After a brief discussion regarding why these funds were not appropriated at budget time when Mr. James G. McI' i han, Cler}.c of Superior Court, seemed perfectly satisfied with the appropriation~~~d been made, Chairman Powe11 requested that Commissioner Wright check into this and answer the questions that had been raised by the Commission. Commissioner Vaughan arrived after this item. AUTHORIZATIOid TO DISTRIBUTE PAYCY:ECKi OId DECEAfIiEP. 21_, 1973 Commissioner Wright moved, seconded by Commissioner Davis, that the Count~ Auditor be authorized to distribute the paychecks on December 21, 1973, rather than December 28, 1973. Upon vote, motiori carried unanimously. APPP.OVAL OF P4IP?iITES: SPECIAL I•~ETItdG, PdOVEP4BER 26, 1973 Chairman Powell requested that on Page 530 under "Discussion of Recreational Facil~ties," para~raph one, line two, "amendahle" be changed to "ametiable." Commissioner Ha11 moved, seconded by Comnissioner Wright, that Lhe minutes be approved as amended. Upon vote, motion carried unanimously. APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 3, 1973 Commissioner Vaughan requested that on Page 534 under "Approval of Proposed School Sites" under Site no. 2, the recorci show that Dr. Bellamy was asked if the school were being placed there because the property was being r3onated and he stated that.definitely this was not a consideration, that the geographical location of the site itself caas the consideration for putLing the school there. Comrsissioner 4;rig'nt requested that on Page 531 under "~lection of Chairman and Vice Chairnan" that she be recorded as votin~ for Comrnissioner Vaughan as Chairman. C~r:unissioner tidright requested that on Page 532 under tYie end of the first Public Hearing where Mr. Colson's absenses at the Planning Comrnission neetings had been dis- cussed, that the record show that she had asked that the others who had been absent be checked as to whether or not they ~aere County appointees. Comr.iissioner k7right re~uested that on Page 53S under "Approval of Proposed School Sites," under Site No. 1, that the record show that Dr. Bellamy had actually requested 190 acres and had cut it back to 90 acres after discussion. Commissioner Wright requested.that on Page 534 under "Discussion of Jurisdiction over Pupi1 Assignments that the record show that she was referring specifically to Senator Helras' bill entitled "Public Schools Jurisdictiorial Act." Co~nissioner Davis requested that on Page 534 under "Discussion of ~:imberly-Scott Corporation" that the record show that he had stated that he had brought up the problem of county-wide drainage as far back as August and a request had been made and that this was a continuing problem the County had to meet. Commissioner Davis reouested that on Page 535 under "Resolution Regarding Trans- portation Planning" the record show that he did not vote for this resolution.because he did not feel that enough detail had been presented and was scared of the third Leve1 of government. Commissioner Davis requested that on Pa;e 536 under "Acceptance of Audit for Year Ended June 30, 1973 the record show that it had been asked if the audit showed that everything was in order and there had been nothing improper done and the audit had shown this. Comr~.issioner Vau~han re~uested under this same item that the record show that he haci stated that he had talked to the auditors and they had stated that the audit revealed the situation in the County Auditor's.of_f_ice to be essentially as it oaas in previous years except that they did not feel sufficient attention had been given to detail. Conu_~issicner Lavis moved, seconded by Cor~miissioner Ha11, that the minutes be approved as amended. Upon vote, motion carried unanimously. PUBLIC FiEARING Chairman Powe11 opened the Public Hearing to discussion. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY AT iHE NORTHWEST AND SOUTAWEST INTERSECTION OF CAROLINA BEACH ROAD (U. S HWY 4'L1) At1D Mc~UILLAN llhiv~: FROP~ R-15 (SINGLE FAP4ILY DISIRICI TO B-1 BUSIPJESS DISTF.ICT) I~] ZONIPIG AREA ~~4. This itev~ hac been tabled by the Commission at their meeting of December 3, 197~, because it was not legally before them in that 30 days had not passed since it had been heard by the Planning Commission but not approved by a majority of their quorum. Mrs. Judy Schillmoller, Acting F?anning Director, stated that this had been heard by the Planning Commission at their meeting of November 7, 1973. Mr. Addison Hewlett, Jr.,. Attorney at Law, appeared before the ~oard representing the Petitioner, Mr. Ivan McQuillan, who also appeared before the Board. ~4`? MINUTES OF REGULAR MEETING, DECEMBER 17, 1973 (CONTINUED) PUBLIC HEARING (CONTINUED) Chairman Powell asked if there were anyone present to oppose this rezoning request, and no one spoke 'in opposition. Commissioner Wright moved, seconded by Commissioner Davis, that this request be approved. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall and Wright. Voting Noe: Commissioner Vaughan and Chairman Powell., (Ordinance rezoning this property is contained in Zoning Ordinance Book I, Section 4, Page 10.) Commissioner Vaughan stated, for the record, that it was not the responsibility of the Commission to make it possible for every citizen to realize high prices being offered for his land by investors or speculators. PUBLIC HEARING TO CONSIDER,AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY AT THE NORTHWEST INTERSECTION OF MASONBORO LOOP ROAD (S. R. 1492) AND S. R. 1521 FOR A CHURCH ADDITION IN ZONING AREA ~~4. This item had been tabled by the Commission at their meeting of December 3, 1973, because it was not legally before them in that 30 days had not passed since the request had been heard by the Planning Commission but not approved by. a majority of their quorum. Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commission had heard this request at their meeting of November 7, 1973, and had reco~nended that the request be approved subject to the plan as submitted with the application. Chairman Powell asked if there were anyone present to oppose the issuance of this Special Use Permit and no one spoke in opposition. After the Commission had considered the following four items: (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 condi- tions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and, (d) that the loca- tion 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, Commissioner Vaughan moved, seconded by Commissioner Wright, that this Special Use Permit be issued subject to the plan as sub- mitted with the application. Upon vote; motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COM- MI~~iUiv rU xr:~UiVr, rtcUY~;h'1'Y LUCATED AT THE NORTHEAST INTERSECTION OF OLEANDER DRIVE (U. S. HWY. 76) AND 51ST STREET FROM R-15 (SINGLE FAMILY DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA 4~9B. (See Page 548 for Additions.J This request was tabled by the Commission at their meeting of December 3, 1973, at the request of the Petitioner, Mr. Dennis V. Thomas. Mrs. Judy Schillmoller, Acting Planning Director, stated that this request had been heard by the Planning Commission at their meeting of November 7, 1973, and that they had recommended that this request be denied. Mr. Dennis V. Thomas, the Petitioner, appeared before the Board to ask that this rezoning request be approved. Commissioner Ha11 moved, seconded by Commissioner Davis, that this request be denied. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF. THE PLANNING COMMISSION TO REZONE PROPERTY ON THE WEST SIDE OF AZALEA DRIVE BETWEEN PARK AVENUE AND OLEANDER DRIVE (U. S. HWY . 74 & 76) FROM R-15 (SINGLE FAMILY DISTRICT) TO B-1 (BU~livr.SS DISTRICT) IN ZONING AREA ~~6. ` Mrs. Judy Schillmoller, Acting Planning Director, stated that this request had been heard by the PLanning Commission at their meeting of December 5, 1973, and that they had recommended that this request be denied. Mr. Richard D. Williams, President of the New Hanover Humane Society, Inc., and Mr. James G. Gurganious, Vice President of the Society, appeared before the Board to ask that this request be approved so that the Society could build an animal shelter on the property. , Commissioner Wright moved, seconded by Commissioner Hall, that this item be tabled until the meeting of January 7, 1974, and that Commissioner Hall and County Manager Eller be designated to check out the old location and the proposed new location. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION.OF THE PLANNING COMMISSION TO xn~UiVn rKUY~Krr UN 'THE WEST SiDE OF 53RD STREET BETWEEN WRIGHTSVILLE AVENUE AND PARK AVENUE FROM R-15 (SINGLE FAMILY DISTRICT) TO 0&I (OFFICE AND INSTITUTIONAL) IN ZONING AREA ~k9B. County Manager E11er presented a request from Attorney A. Y. Lennon requesYlig that this public hearing be continued to the meeting of January 7, 1974. Upon motion by Commissioner Wright, seconded by Commissioner Davis, this request for continuance was unanimously granted. ~~~ MINUTES OF REGULAR MEETING, DECENiBER 17, 1973 (CONIINUEll) PUBLIC HEARING (CONTINU~D) PUBLIC HEP_RING ~U ~UNSIDER A REQUEST TU ~EZONc PkOPERTY ON THE WEST SIDE OF S1'ATI~iv xutili ~E1WEEiv u. 5. HWY. 1/ AND iQORT&WOOD DRIVE FROM R=15 (SINGLE FAMILY DISTRICT) TO B-Z (BUSINESS llISTRICT) IN "LONIIvG AKEA ~p6. l~trs. Judy Schil1mo11er, Acting Planning Director, stated that the Planning Commission had heard this request at their meeting of December 5, 1973, and had recommended that this request be approved. Mr. HerberL T. Fisher, the Fetitioner, appeared before the Board to request approval Cnairma:i Fowell asked if tnere were anyone present to oppose this rezoning request, and no one spoke in opposition. Commissioner Wright moved, seconded by Commissioner Ha11, that this request be approved. Upon vote, motion carried unanimously. (Ordinance rezoning this property is contained in Zoning Ordinance Book I, Section 6, Page 10.) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE FERMIT TO USE PROPERTY APPROXIMATELY 950 FEET NORTAEAST OF EASTWOOD ROAD (U. 5. HWY. 74) AND APPROXIMATELY 250 rEr,T SOUTH OF BKETONSHIRE ROAD IN THE WIIQDr~NERE SUBDIVISION FOR A YLAYGROUND IN ZONING AREA ~k9B, ifrs. Judy Schillmoller, Acting PLanning Director, stated tnat the Flanning Commission had heard this request at their meeting of December 5, 1473, and had recommended that this request be approved based on the following conditions: 1) rlan as submitted for application for Special Use Permit 2) Area for playground will not be used for parking 3) A fence be placed around the perimeter of the playground 4) Subject to adequate drainage design and construction to be approved by the County Engineer and to be revocable after one year. Chairman Powell asked if there were anyone present to oppose the issuance of this Special Use Fermit, and no one spoke in opposition. After tne Commission had considered the following four items: (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 a11 required conditions and specifications; (c) that the use would not substanti211y injure the value of adjuining or abutting property or 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 coniormity with the plan of developu-~ent ror Pdew Hanover County, Commissioner Davis moved, seconded by Commissioner Wright, that this Special Use Permit be issued based on the conditions recommended by the Planning Commission. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY AT 114 HILLSDALE DRIVE FOR A HOME OCCUYATION IN ZONING AREA ~~9B. Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commission had heard this request at their meeting of December 5, 1973, and had recommended that this Special Use Permit be issued based on the following conditions: ' 1) Plan as submitted tor application for Special Use Permit 2) That there be no ourside storage o£ materials 3) That the home occupation activities be conducted in conformity with the require- ments of the Building Inspection Division. Mr. R. J. Floyd, the Petitioner, appeared hpfore the Board to ask that this Special Use Permit be issued. Chairman Powell asked if there were anyone present to oppose the issuance of this Special Use Permit, and no one spoke in opposition. After considering the following four items: (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to tne plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and, (d) that the location and character of the use, if developed according to the plan as subu~itted and approved, would be in harmony with the area in whicn it was to be located and in general conformity with the plan of developt'~7ent for New Hanover County, Commissioner Wrignt rnoved, seconded by Commissioner Davis, that this Special Use Permit be issued based on the conditions as recommended by the Planning Commission. Upon vote, motion carried unanimously. YUBLIC HEARING TO CONSIDER AN APPLICATIOld FOR A SPFCIAT,TTSR PER.MIT T4 USE PROPEATY ON THE NORTA SIDE OF WRIGHTSV1LLr. AV~;IvU~ BETWEEN NacMILLAN AVEIdUE A1~D 4oTH STREET FOR A CHJRCfi AllDITIGN IN ZONING AREA ~f9B. Mrs. Judy Schil.lmoller, Acting Planning Director, stated that the Planning Commission had 'neard this request at tneir meeting of December 5., 1973, and had recommended that this application be approved subject to the plan as submitted. Chairman Powell asked if there were anyone present to oppose the issuance of this Special lise Pex-r~it, and no one spoke in opposition. After the Commission had considered the following four items: (a) that the use would A ~~~.~ , MINUTES OF REGULAR MEETING, DECEMBER 17, 1973 (CONTINUED) PUBLIC HEARING (CONTINUED) 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 condi- tions and specifications; (c) that the use would not substantiaTly injure the value of adjoining or abutting property or 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, Commissioner Davis moved, seconded by Commissioner Wright, that this Special Use Permit he issued based on the plan as submitted with the application. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER ADOPTION OF A SEDIMENTATION POLLUTION CONTROL ORDINANCE FOR NEW HANOVER COUNTY. County Manager Eller reported that the ordinance which had been distributed to the Commissioners and available in his office to the general public had been prepared by the North Carolina Sedimentation Control Commission as a model ordinance and was the minimum that the Commission would accept. He stated further that the law was permissive in that Local governments could adopt and enforce a 1ocaT ordinance if they chose to do so but that the State would enforce their regulations anywhere that local governments did not take action. He stated further, in this regard, that the State had not adopted its regulations but would begin public hearings across the State in February of 1974 so that they would be in position to enforce their regulations in July of 1974 in places where the local governments had not ~ chosen to adopt and enforce their own ordinance. He said that the first question that would have to be decided by the Board was whether they wanted to enforce regulations locally to control soil erosion and sedimentation or allow the State to do it. He stated that the second point that needed to be decided was whether, if adopted 1oca11y, this would be a county-wide ordinance or would exclude the municipalities; and, third, how much staff would be necessary to enforce the ordinance. Chairman Powe11 stated that he had discus,sed this with Mr. Clarence B. Shimer, Coordinator of the Sedimentation Control Commission, who had recommended that New Hanover County use the model ordinance as a"base because it probably would not fit the County`s specific situations and had recommended further that a citizens' committee, such as the one appointed to review the Environmental Impact Ordinance, would be a good mechanism to see that the ordinance did accomplish what was needed in New Hanover County. Mr. Samuel Cox, Soil Conservationist, appeared before the Board to encourage adoption of an ordinance locally applicable to New Hanover County. Commissioner Wright requested that the committee appointed to study the Environmental Impact Ordinance put this item as their first order of business. Commissioner Davis recommended that representatives from the City of Wilmington be brought into these discussions in the hopes that there could be one ordinance to cover the entire County. Commissioner Wright stated that she thought each of the municipalities should be asked to send a representative to meet with this committee to work toward one general ordinance. By common consent, Chairman Powell was requested to contact the municipalities explaining the make-up of this courcnittee and asking them to appoint a representative if they were compatible with the concept of the ordinance. Mr. J. D. McCarley, Jr., Chairman of the Lower Cape Fear Soi1 and Water Conservation District, appeared before the Board'to offer their services. Mr. Darryl E. Wi1ey of the Cape Fear Sierra Club appeared before the Board to affirm his group's support of the adoption of such an ordinance. By common consent, the Board agreed to ask the Lower Cape Fear Soil and Water Con- servation District group to prepare a basic structure to present to the citizens' committee. Mr. Paul Gregory, President of the Homebuilders Association, appeared before the Board to urge them not to pass the model ordinance but to wait until the State came out with a model that was.specific. Commissioner Vaughan moved, seconded by Chairman Powell, that the Board specifically declare.its intent to develop,either alone or in conjunction with the municipalities of the County, a sedimentation control plan. Upon vote, motion carried unanimously. Chairman Powe11 closed the Public Hearing to discussion. RELEASE OF CASH BOND - MARQUIS HILLS SUBDIVISION, SECTION 8 Mr. Franklin N. Jackson, Attorney at Law, appeared betore the Board with Messrs. Bobby W. Harrelson and Jack G. Stocks to request release of the cash bond in the amount of $8,000 posted on June 22, 1971, for Section 8 of Marquis Hills Subdivision. County Engineer, Richard Epling, had several objections to releasing this bond; however, it was finally concluded that tlie improvements as shown on the approved pre- liminary plat had been installed. Upon motion by Commissioner Vaughan, seconded by Commissioner Wright, the request for release of this bond was unanimously granted. ~~~~ MINUTES OF REGULAR MEETING, DECEI~BER 17, 1973 (CONTINUED) TRANSFER OF FUNDS - PUBLIC ASSISTANCE FUND T4iss Leia tloore F.a11, Social Services Birector, reported that, due to delays at the State level, local funding of certain Public Assistance Prograns would have to be con- tinued beyond the originall'y scheduled December 31, 1973, cut-off date. In order to provide for this, she requested that froc the budgeted item, Supplemental Fublic Assis- tance, the sum o£ $6,500 be transferred to Aid to the Aged (41 611 19), the sum of $6,500 be transferred to Aid to the Deaf (41 612 19), and the sum of $10,800 be trans- ferred to Aid to the Blind (41 614 14). Upon motion by Commissioner Vaughan, seconded by Commissioner Davis, these trans- fers were unanimously graated. DISCUSSION OF CHANGE IN DEPARTMENT CLASSIFICATIOP~ - SOCIAL SERVICES A request had Ueen received by the Board,from Mr. John William Walton, Jr., Chairman of the Social Services Board, asking that the Board approve the 1oca1 5ocial 5ervices Departulent's being classified as a Department IV rather than a Department III, the present classification. This item had been continued from the meeting of November 19, 1973. Commissioner Vaughan moved, seconded by Chairman Powell, that this change in department classification be approved. Ccr~~issioner 'vlright offered the substitute motion, seconded by Chairman Powe1L, that this item be tabled until the Commission could be furnished the specifications. Upon vote, substitute motion was approved as follows: Voting Aye: Commissioners Davis, Wright and Chairman Powell. Voting P~oe: Comsnissioners Ha11 and Vaughan. LUNCH RECESS ' Chairman Powell adjourned the meeting for lunch from 12:30 - 1:30 PP~. APPR.OVAL OF HIRING TEMPORAP.Y EMPLOYEES IN THE PLAANING DEPARTD~NT P?rs. Judy Schillmoller., Acting Planning Director, appeared before the Board to request apprcval of hiring temporar3 employees in the Planr.ing Department in that woric was being neglected due to lack of help. She recomriended the following ter:iporary employees. 1) A Data Display Technician at a proposed salary of $3.28 per hour not to exceed a four month term of er.iployment. 2) A Data Display Clerk at a salary of $3.OQ per hour for a 20-hour work week. 3) A Population Specialist Intern at a salary of $E27 per t!-~onth for six cionths. Commissioner Davis moved that this request be approved. Aiotion died for lack of a second. Commissioner Vaughan moved, seconded by Conmissioner Hall, that the County Manager, in conjunction with the City Manager, be given authority within the scope of the request to hire temporary part-time or temporary full-time employees to get the work done within the budgetar~ limiations. Upon vote, motior. carried unanir.iously. NOTIFICATION OF SECURING PLAtdNIrIG DIRECTOP. Gounty Manager Eller officially notified the Board tha.t "4r. Richard Fender had been hired as the Planning Director and would begin work on January 2, 1974. DISCUSSION OF PROPOSF,L FOR STP,UCTUKAL APdF.LYSIS OF THE EXISTING COUP.THOUSE ' A proposal trom Henry von Oeson and Associates with regard to performing a structural investigation and report on the New Hanover County Courthouse had been received by the Board. County Manager ELler stated that he had contacted another engineering firr.i with regard tothis and was to meet with them on December 18, 1973, and that they were to subr_iit a proposaZ a1so. Commissioner Davis moved, seconded by Commissioner Wright, that this item be tabled until that proposal had been received. Upon vote, motion carried unanimously. PROCESS FOR INTERVIEtidING ARCHITECTS FOR THE PROPOSED COURTHOUSE/JAIL CONSTRUCTION Chairclan Fowe11 moved that the interviews witn the architects be held in Executive Session. Motion died for Lack of a second. Cor.missioner Davis rioved, seconded by Commissianer 4lright, that the interviews with the architects be held in public session excluding the other architects. Cor~u'.issioner Vaughan offered the substitute motion, seconded by Comriissioner Hall, that the architects be interviewed in Executive Session with the press and the City of Wilmington's representative, Councilman Een B. Halterman, present. Upon vote, substitute motion was approved as follows: Uoting t~ye: Commissioners I-:all, Vaughan and Chairman Powell. Voting Noe: Commissioners Davis and Wright. Commissioner Davis stated, for the record, that he hoped this would not be setting a precedent. ~ ~~~3 MINUTES OF REGULAR MEETING, DECEMBER 17, 1973 (CONTINUED) TRANSFER OF FUNDS - BOARD OF EDUCATION • Dr. Heyward C. Bellamy, Superintendent of County Schools, appeared before'the Board to request approval of a transfer of $10,189 from the School Capital Reserve Fund to the Capital Outlay Fund and that the sums of $6,500 and $2,000 budgeted for Television Studio and Physical Education Equipment, respectively, be used along with the transfer from Capital Reserve to purchase an additional accounting machine in the total of $18,689. Commissioner Wright moved, seconded by Commissioner Davis, that this transfer be approved. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Wright and Chairman Powell. Voting Noe: Commissioner Vaughan. AERIAL PHOTOS OF SCHOOL SITES Dr. Heyward C. Bellamy, Superintendent of County Schools, stated that he had aerial photographs of the three school sites that had been approved by the Board at their meeting of December 3, 1973. Mr. Jerry Beaver, Assistant Superintendent, showed the slides to the Board. ENDORSEMENT OF HOUSE BILL 529 - TAXATION OF MOTOR VEHICLES The North Carolina Association of County Commissioners had requested a11 Boards of County Commissioners to endorse House Bill 529, Taxation of Motor Vehicles, copies of which had heen furnished to the Board. Commissioner Vaughan moved, seconded by Commissioner Davis, that the Board endorse this bill. Commissioner Wright objected to Section 20-100.11, Distribution of Taxes Collected, stating that she would prefer the exact amount of taxes collected within the County be returned rather than relying on the proposed ratio method and recommended writing the legislators to this effect. ' Commissioner Vaughan withdrew his first motion and moved, seconded by Commissioner Davis, that the Board endorse the bill and bring to the attention of the legislators that the possibility of inequitable treatment existed through failure to apply the exact tax collected in every County. Upon vote, moGion carried unanimously. ABATEMENTS AND REFUNDS ~ Commissioner Davis moved, seconded by Commissioner Ha11, that the requests for Abate- ments and Refunds contained in Tax Administrator Powe11's memorandum of December 11, 1973, be.approved. Upon vote, motion carried unanimously. The memorandum is Set forth in Exhibit Book 1, Page l8. REPORT OF COLLECTOR OF REVENUE Upon motion by Commissioner Davis, seconded by Commissioner Wright, the report of Mrs. Janie B. Straughn, Collector of Revenue, for collections through, November 30, 1973, as set forth in Exhibit Book 1, Page~19, was unanimously accepted by the Board. REQUEST FOR COLLECTION OF PREPAYMENTS BY THE TAX OFFICE County Manager E11er reported that, at the present time, a taxpayer desiring to pre- pay taxes must go to the Tax Office to secure a prepayment notice and then go to the County Auditor's Office to pay County taxes and to the Finance Office of the appropriate munici- pality (if he lives within a municipality) to pay those taxes. This causes the Taxpayer considerable inconvenience and confusion. In addition, he stated that the County had been requested to arrange to collect prepayments in the Tax Office. In order would be necessary to hire an additional Clerk II. This would year an additional $2,622 for Salaries in the Tax Department. received from the lZ% collection fee charged municipalities wo additional cost. He recommended, therefore, that by'the City of Wilmington to effect this change, it necessitate for this fiscal The estimate of the revenue ild more than offset this 1) The revenue item in the Non-Tax Fund, Fees - Municipal Tax Collections (16 353 00) be increased by $2,622. 2) The Non-Tax Fund expenditure account, Transfer to General Fund (16 575 98), be increased by $2,622. 3) The Gener-al Fund revenue'account, Transfer from Non-Tax Fund (11 397 16), be increased by $2,622. 4) The Salaries and Wages Account in the Tax Listing and Collection budget (11 450 02) be increased by $2,622, and that these funds he used to hire an additional Clerk II. Commissioner Vaughan moved that this system be adopted and the municipalities involved he advised as to what their pro rata charge would be above what would be collected at the end of the year and that they be asked to make this amount available to the County. Motion died for lack of a second. Commissioner Vaughan moved, seconded by Commissioner Hall, that the proposal recommended by the County Manager be adopted. After a brief discussion about the necessity of hiring an additional Clerk II. Commissioner Vaughan withdrew his motion. Commissioner Vaughan moved, seconded by Commissioner Davis, that this item be tabled until the meeting of January 7, 1974. Tax Administrator Powell and County Manager ELler were requested to report on eliminating discounts on prepayments. ~~~ MINUTES OF REGULAR MEETING, DLCEMBER 17, 1973 (CONTIiQU~D) APPROVAL OF BID - VOTING MACHINES Chairman ot the'Board oY Elections, Mr. ld. H. McEachern, III, presented the bids received on Dece~ber 7, 1973, on two voting machines and stated that the Board of Elections unanimously reeommended the acceptance of the bid from R. F. Shoup Corporation because of the five-year guarantee and problems that had been experienced in getting parts from the 1ow bidder. A copy of the bids is set forth in Exhibit Book 1, Page 20. Commissioner Vaughan moved, seconded by Commissioner Hall, that the machines be purchased from R. F. Shoup Corporation as recommended by the Board of Elections. Upon vote, motion carried unanimously. ACCEPTANCE OF BIDS RECEIVED AT AUCTION OF DECEDIBER 15, 1973 County Manager E11er presented the bids received at auction of surplus vehicles held on December 15„ 1973, as authorized by the Commission at their meeting of December 3, 1973. Commissioner Vaughan moved, seconded by Commissioner Hall, that the bids as set iorth in E~chibit Book 1, Page 21, be accepted. Upon vote, motion carried unanimously. Commissioner Davis stated, for the record, that next year's auction be held on the County property at Third and Market Streets and that more publicity be given. County Manager Eller stated that he had considered holding the auction at Third and Market Streets but that two of the vehicles would have to have been towed in. TRANSFER OF FUNDS - DEPUTIES AT AIRPORT County Manager E11er reported that at the November 19, 1973, meeting, when the Commissioners had approved the hiring of two additional deputies to provide security at the Airport, Commissioner Wright had requested that the Workman's Compensation Insurance and the various payroll deductions be reviewed to determine if additional transfers should be made. He reported that the additional Workman's Compensation would be $219.41 and the other costs would be $614.95 for F.I.C.A. Tax, $164.08 for Group Insurance and $840.96 for Retirement. Therefore, he recommended that the 6udget be amended by making the following transfers. 1) Reduce the appropriation for Contract Services in the Airport Operating Expenditure Budget (31 650 45) by the amount of $1,839.40 2) Reappropriate $1,839.40 in the Airport Operating Expenditure Budget :as a Con- tribution to the General Fund (31 650 98). 3) Appropriate as a General Fund Revenue (11 397 31) Transfer from Airport Operating Fund the amount of $1,839.40. 4) In the General Fund, Non-Departmental Expense, increase the appropriation for F.I.C.A. Tax by $614.95, Group Insurance by $164.08, and Retirement by $840.96. Upon motion by Commissioner Vaughan, seconded by Commissioner Wright, these transfers were unanimously approved by the Board. APPROVAL OF PLANNING DEPARTMENT BUDGET 1973-1974 County Manager Eller presentea a proposea rlanning Department budget for fiscal year 1973-1974 so that the appropriations made in each line item would conform to the billing by the City of Wilmington, total appropriation for that Department being un- changed. This budget is contained in Exhibit Book 1, Page 22. Commissioner Vaughan moved, seconded by Commissioner Wright, that this budget be approved as presented. Upon vote, motion carried unanimously: DISCUSSION OF PROHIBITING MOTORIZED VEHICLES FROM BEACH AREAS At their meeting of December 3, 1973, the Commission had requested County Attorney Fox to make a recommendation on Mrs. Carl B. (Burk) Rehder's request that the Board adopt an ordinance prohibiting a11 motorized vehicles from beach areas in the highly developed areas outside incorporated municipalities, particularly in the section of beach known as Wilmington and Hanby Beaches and the area just south of Kure Beach. County Attorney Fox stated that the present ordinance did permit licensed vehicles driven by licensed drivers below the high water mark or within 25 feet of the high water mark provided that they had written permission of the property owner to cross their property to get to the beach. He stated further that, if the Board wished to adopt an ordinance affecting only specified areas of the County, this.could not be done until February of 1974. Commissioner Vaughan moved, seconded by Commissioner Hall, that the County Attorney be requested to draw up an ordinance prohibiting vehicles from unincorporated beaches south of Carolina Beach to the monument at Fort Fisher. Commissioner Davis offered the substitute motion, seconded by Chairman Powe11, that the County Attorney be asked to draw up an ordinance prohibiting motorized vehicles from unincorporated beaches south of Carolina Beach to the monument at Fort Fisher and that a public hearing be held at the second regular meeting of the Commission in January of 1974. Upon vote, substitute motion was approved unanimously. REOUEST OF COMMISSIONER DAVIS TO BE BUS LIAISON MAN WITH THE CITY OF WILMINGTON Commissioner Davis moved that the Chairman be authorized to write the City of Wilmington to ask them to include Commissioner Davis in all bus problems and negotiations in the hopes that it might help the situation. Motion died for lack of a second. ~4~ MINUTES OF REGULAR MEETING, DECEMBER 17, 1973 (CONTINUED) DISCUSSION OF COST OF CAMERON EDUCATIONAL CENTER By common consent, Chairman Powell was asked to write the New Hanover Memorial Hospital Board of Trustees to secure the original estimates of construction for the Cameron Educational Center and what the various bids had been. MINUTES - NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES By common consent, Chairman Powell was requested to ask that a copy of the minutes of the New Hanover Memorial Hospital Board of Trustees be mailed to the Commissioners' office as a file copy. DISCUSSION OF JUNKED VEHICLES Commissioner Vaughan asked if the Board felt that junked vehicles in the County to be a serious problem. No action was taken by the Board. DISCUSSION OF COMMISSION MEMBERSHIP Commissioner Wright asked County Attorney Fox what procedure would have to be followed to remove someone from the Airport Commission or the Planning Commission. County Attorney Fox stated that he felt the Airport Commission members could be removed at anytime the Board desired since,they served at the pleasure of the Board, but stated he was unsure what procedure would have to be followed with regard to the Planning Commission since there was a third party involved, the City of Wilmington. DISCUSSION OF SCHOOL CONSTRUCTION Commissioner Hall recommended that the Chairman write the National Association of Counties regarding modular construction of schools. ADJOURNMENT There being no further busin.ess to come before the Board, Chairman,Powell adjourned the meeting at 4:15 PM. Respectfully submitted, ~~~~~ Lise K. King Clerk to the Board k MINUTES OF REGULAR MEETING, JANUARY 7, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, January 7, 1974, at 9:00 AM in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powell; County Attorney, James C. Fox; County Manager, Dan W. Eller; and C1erk to the Board, Lise K. King. Chairman Powell called the meeting to order. ~ Rev. Harold Crocker o£ the Ogden Community Advent Christian Chuich offered the invo- cation. APPROVAL OF MINUTES: SPECIAL MEETING, DECEMBER 10, 1973 Upon motion by Comm. Hall, seconded by Comm. Wright, the minutes of the special meeting held on December 10, 1973, were unanimously approved as presented. APPROVAL OF MINUTES: SPECIAL MEETING, DECEMBER 13, 1973 Upon motion by Comm. Hall, seconded by Comm. Wright, the minutes of the special meeting held on December 13, 1973, were unanimously approved as presented. APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 17, 1973 On Page 542 under PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO REZONE PROPERTY LOCATED AT THE NORTHEAST INTERSECTION OF OLEANDER DRIVE (U. S. HWY. 76) AND 51ST STREET FROM R-15 (SINGLE FAMILY DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA ~p9B, Comm. Davis requested that the reasons tor denying this request be shown as a matter ot record. The Planning Staff recommended denial for the following reasons: 1) The applicant proposed a floral shop and outdoor furniture outlet; however, if rezoned to B-2, the property could be used for anything permitted in the B-2 zoning, the most per- missive business zone in New Hanover County. 2) The staff felt the character of the residential~zone would be harmed if B-2 zoning were.continued to the corner. 3) The staff was very concerned that if the corner lot went there would be more strip commercial zoning along Oleander Drive and that this case would be used as the justification for more requests. 4) The staff had seen many B-1 sites being used for residential purposes which indicated to them that more B-2 zoning was not needed in that area. 5) 0&I Zoning was suggested by the staff, which had been established to be used as a buffer zone. Upon motion by Comm. Hall, seconded by Comm. Wright, the minutes of the regular meeting held on December 17, 1973, were unanimously approved as amended.