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1974-03-04 Regular MeetingMINUTES OF REGULAR MEETING, MARCH 4, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, March 4, 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. E11er; and Clerk to the Board, Lise K. King. Chm. Powell called the meeting to order. Rev. John H. Parrish of the Devon Park United Methodist Church offered the invo- cation. APPROVAL OF_MINUTES: SPECIAL MEETING, FEBRUARY 11, 1974 Upon motion by Comm. Davis, seconded by Comm. Hall, the minutes of the special meeting held on February 11, 1974, were unanimously approved as presented. APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 18, 1974 Comm. Wright requested that on Page 579 under "Sponsorship of Resource Conservation & Development (RC&D) Project for Region 0" that her reasons for voting against this request be included as part of the record which she stated were as follows: "I voted 'noe' because we had determined at one time that this was not needed for our County, and I did not think we had the right to go into an arrangement of this sort simply for the benefit of another County." ~, Comm. Wright requested that on Page 579 under Discussion of Environmental Impact Ordinance Committee," that the record show that the group that had been before the Board had assured the Commissioners that they thought they would have the erosion con- trol ordinance within a month. ~~ Comm. Vaughan requested that on Page 579 under Discussion of Environmental Impact Ordinance Committee," that Mr. William J. Hart's comments be included as part of the record. Mr. Hart had stated that in the draft received by the Committee there had heen the absence of a clear policy direction that the Committee would be reco~nending to the County Commissioners that would say that liquid run-off or solid sediments passing from a site under development would not, during development or after development, exceed those amounts of water or sediment that passed from the site before development. Comm. Wright requested that on Page 581 under "Discussion of Possible County Participation in Bus System," that her reasons for opposing this be included as part of the record which were as follows: "You've got a situation where you've got a private enterprise. It's let itself get all broken down; so, it can't make a profit. Now it's getting a subsidy from the taxpayers. If you go in with an Authority, like they're talking about, you will never again have a private enterprise running the bus system here. If you leave it as it is now, you've got a chance that some private operator will pick it up in time and make it a good thing without the taxpayers having to pay for it. But once the government takes it over, it will never again be a private enter- prise." Comm. Wright requested that on Page 582 under "Denial of Request for Payment of Towing Bill," that her reasons for voting against this be included in the record, which were as follows: ."I was going to support his (County Manager Eller's) recommendation, but then I stopped to think about it, and here we've got a custodian that can't read the license number, you've got a poor woman that can't read two unauthorized parking signs, and i feel they've got a tough enough row to hoe so let's help them out and pay the $20...Some people when they're called for jury duty, they've never been called before. Perhaps they're scared half to death at the thought ot going into court. They come down here in the courthouse lot which says unauthorized vehicles not allowed or something. They think perhaps because they're on the jury, they're authorized. They just don't know any better. That might be the case." Comm. Wright stated that on Page 582 under "Denial of Request for Rayment of Towing Bill," that the minutes stated that the deputy had called the wrong name of the juror, but, according to Judge Tillery's letter, the error occurred because the custodian took the wrong license number and had it identified. Comm. Wright requested that on Page 586 under "Architect Selection, Proposed Courthouse-Jail," that it be added to the record that she had mentioned that Curtis & Davis was a large firm and that it had a Cost Estimating Department which she thought could be of invaluable help to the County. Comm. Vaughan stated that he would like for the vote on the architects for the proposed courthouse-jail to be shown in the record as a unanimous vote. Comm. Wright stated that she objected to this and would not agree to change the record on her vote. County Manager ELLer stated that on Page 581 under "Release of Bond - Figure Eight Island Company," that Check ~~014417 should have been $3,420 instead of $13,420; that this had been a typographical error in the letter receivecl by the County from Figure Eight Island Company. Comm. Davis req.uested that on Page 581 under Discussion of Possible County Parti- cipation in Bus System," that his reasons for wanting the County to participate in this with the City of Wilmington be included as part of the record, which were as follows: that the people outside the City limits would like to have some access to public trans- portation; that the price of gas was going to continue to go up and, as it went higher and higher, more people were going to demand public transportation in the County or outside the corporate limits; that the buses would eventually make only the profit- making routes and the people in the County would not have bus transportation; and that eventually there would be a Bus Authority appointed by the City and he felt that the County should get in on the ground floor. ~~~ / r ~~ ; MINUTES OF REGULAR MEETING, MARCH 4, 1974 (CONTINUED) / APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 18, 1974 (CONTINUED) Upon motion by Comm. Davis, seconded by Comm. Hall, the minutes of the regular meeting held on February 18, 1974, were unanimously approved as amended. DISCUSSION OF LEGION STADIUM FUNDS Mr. Julian A. Altobellis, Architect, appeared before the Board to present the bids for Legion Stadium Renovation, Phase I, which were in the total amount of $257,150. Since these bids would be let in Fiscal Year 1973-74, and on the Encumbrance Accounting System this would be considered an expenditure in Fiscal Year 1973-74, Mr. Altobellis was requested, by common consent, to ne otiate with the bidders in an effort to reduce the over-all bid to the appropriated ~200,000 because the Board could not withdraw funds from the Courthouse-Jail Capital Reserve Fund for the Legion Stadium Renovation. MENTAL HEALTH CENTER - FORMULA FOR SHARING RENT OF NEW BUILDING Comm. Hall requested that the Board approve the tormula Yor sharing the rent of the proposed Mental Health Center as set forth in his memorandum to the Commissioners dated February 22, 1974. This memorandum is contained in Exhibit Book 1, Page 46. Comm. Vaughan moved, seconded by Comm. Hall, that the Board accept this arrangement for rent on the new Mental Health facility conditional upon its being accepted by Brunswick and Pender Counties. Comm. Wright offered the substitute motion that this matter be deferred until the Board had the assurance of Brunswick and Pender Counties that they would accept this formula. Substitute motion died for lack of a second. Upon vote, Comm. Vaughan's motion was approved as follows: Voting Aye: Comm. Davis, Ha11, Vaughan and Chm. Powe11. Voting Noe: Comm. Wright. (See Page 597 for Addition.) PUBLIC HEARING The Clerk to the Board reported that notice of a public hearing had been published in the Wilmington Morning Star on February 16, 1974, and February 23, 1974, with notice that the Board of Commissioners of New Hanover County would hold a public hearing on March 4, 1974, at 9:30 AM with regard to the following rezoning requests, applications for special use permit, and appeals from the recommendation of the Planning Commission. Chm. Powell opened the public hearing to discussion at 9:30 AM. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE WEST SIDE OF MASONBORO LOOP ROAD APPROXIMATELY 'L50 FEET SOUTHEAST OF BRIGHTWOOD ROAD FROM R-15 (SINGLE FAMILY DISTRICT) TO 0&I (OFFICE & INSTITUTIONAL DISTRICT) IN ZONING AREA ~~9B. PLanning Director Richard A. Fender stated that the Planning Commission.had heard this request at their meeting of February 6, 1974, and had recommended that this request be approved. Mr. Harry Stovall, the owner of the property, appeared before the Board and stated that he was trying to make a legitimate use out of a non-conforming use. Mr. Harold Peterson of 707 Pine Grove Drive appeared before the Board to oppose this rezoning request. Chm. Powell stated that Mrs. Mary Sherman, a neighbor to this property, had called in and stated that she was opposed to this rezoning request but that she was ill and could not come to the meeting. • Comm. Vaughan asked Mr. Fender why the Planning Staff had recommended denial on this request to the Planning Commission, and Mr. Fender stated the following reasons. 1) That the Staff felt that any expansion of coaunercial or other non-residential land uses should occur as an expansion of the existing B-1 District on the north side of Masonboro Loop Road and Greenville Loop Road and be contained on the north side; 2) That the Staff felt, as this was a three-point already busy intersection, that this would create additional traffic hazards in the area; and, 3) That there was a reasonably stabilized neighborhood behind the requested property for rezoning, and the Staff felt that, if this property were rezoned, it would lead to additional requests for non-residential zoning. Comm. [nTright moved, seconded by Comm. Davis, that this request be approved and stated that she did not think it was reasonable to think anybody would want to use it as a home with businesses around and across from it. Comm. Vaughan offered the substitute motion, seconded by Comm. Hall, that this item be tabled until the Planning Director could obtain some opinion from the Highway Depart- ment regarding the traffic in the area. Upon vote, motion to table this item was approved as follows: Voting Aye: Comm. Hall, Vaughan and Chm. Powell. ~ Voting Noe: Comm. Davis and Wright. Comm. Vaughan stated that he would like for the house next door to Mr. Stovall's property be excluded when it came before the Board again unless the two houses next to this were included. 5~9 MINUTES OF REGULAR MEETING, MARCH 4, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) Comm. Davis requested that this.be heard at the meeting of March 18, 1974; and Mr. Fender stated that he thought he could have an opinion from the Highway Department by the meeting of March 18. PUBLIC HEARING TO CONSIDER A RE UEST TO REZONE PROPERTY ON THE NORTH SIDE OF ~- - -- WRIGHTSVILLE Av~,NUr. ts~'iw~,C,N SUUTH (;ULL~Ii~ KUt1ll ~N. C. Hwi. i3~i~ivli 4zsin ~ixr.nT FROM R-15 (SINGLE FAMILY DISTRICT) TO 0&I (OFFICE & INSTITUTIONAL DISTRICT) IN ZONING AREA ~p9B. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of February 6, 1974, and had recommended that this request be approved. Mr. D. A. Hodgin, Realtor, appeared before the Board to ask that this rezoning request be approved. Chm. Powell asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Comm. Hall moved, seconded by Chm. Powell, that this rezoning request be approved and that an ordinance entitled "An Ordinance of the County of New,Hanover Amending the Zoning Map of Zoning Area ~~9B of New Hanover County, North Carolina, Adopted July 1, 1972" be adopted. Upon vote, motion carried unanimously. (This Ordinance, signed by the Commissioners, is contained in Zoning Ordinance Book I, Section ~~9B, Page 15 .) . PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE SOUTH SIDE OF PARK AVENUE BETWEEN HINTON AVENUE AND AZALEA DRIVE FROM R-15 (SINGLE FAMILY DISTRICT) TO B-'L (BUSINESS DISTRICT) IN ZONINU AREA ~~b. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of February 6, 1974, and had recommended that this request be approved. Mr. Larry Lisk, the petitioner, appeared before the Board to ask that this rezoning request be approved. Chm. Powell asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Comm. Wright moved, seconded by Comm. Ha11, that this rezoning request be approved and that an ordinance entitled."An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area ~~6 of New Hanover County, North Carolina, Adopted July 1, 1972" be adopted. Upon vote, motion carried unanimously. (This ordinance,signed by the Commissioners, is contained in Zoning Ordinance Book I, Section 6, Page 11 .) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE WEST SIDE OF CAROLINA BEACH ROAD (U. S. HWY. 421) APPROXIMATELY 900 FEET NORTH OF S.R. 1187 FOR A STABLE IN ZONING AREA ~p4. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of February 6, 1974, and had recommended that this request be approved based on the following conditions. (1) Plan as submitted with the application for Special Use Permit; and, (2) That the perimeter of the property shall be adequately fenced to prevent movement by horses onto adjacent property if in fact any horses were to be turned loose in the area. Mr. Johnie C. Garrason, Surveyor, appeared before the Board representing the petitioner, Mr. Richard A. Shew. Chm. Powe11 asked if there were anyone present to oppose the issuance of this Special Use Permit, and on one spoke in opposition. After the Commission had considered the following four items and found them to be fact, (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 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 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, Comm. Wright moved, seconded by Comm. Hall, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE EAST SIDE OF RIVER ROAD (S.R. 1100) APPROXIMATELY 1.75 MILES SOUTH OF S.R. 1187 FOR AN ELECTRICAL SUBSTATION IN ZONING AREA ~p4. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of February 6, 1974, and had recomr.iended that this Special Use Permit be issued based on the following conditions. 1~1 ~~~ MINUTES OF REGULAR MEETING, MARCH 4, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) (1) Plan as submitted with the.application for Special Use~Permit; and, • (2) That the perimeter of the facility should be fenced with visual screen at least six (6) feet in height so that the interior was not visible through the screen. Mr. A. Dumay Gorham, Attorney at Law, appeared before the Board representing the petitioner, Carolina Power & Light Company. Chm. Powe11 asked,if there were anyone present to oppose this application for Special Use Permit, and no one spoke in opposition. After the Commission had considered the following four items and found them to be fact, (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 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 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, Comm. Davis moved, seconded by Comm. Wright, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY APPROXIMATELY 950 FEET NORTHEAST OF EASTWOOD ROAD (U. S. HWY. 74) AND APPROXIMATELY Z50 FEET SOUTH OF BRETONSHIRE ROAD FOR A PLAYGROUND AND PARKING IN ZONING AREA ik9B. Planning Director Richard A. Fender•stated that the Planning Commission had heard this request at their meeting of February 6, 1974, and had recommended that this Special Use Permit be issued based on the following conditions. (1) Plan as submitted with application for Special Use Permit; (2) Area designated as "proposed playground extension" shall not be used for parking; (3) A fence be placed around the perimeter of the playground as shown on the plan submitted; (4) Subject to adequate drainage and construction to be approved by the County Engineer and.to be revocable after one year if deemed necessary by the County Engineer; (5) That the landscape screening shocan on the revised site plan be installed and maintained so that a solid huffer at least six (6) feet in height exists; and, (6) That the parking area meets all requirements of the County Building Inspector. Chm. Powell asked if there were anyone present to oppose this application for Special Use Permit, and no one spoke in opposition. After the Commission had considered the following four items and found them to be fact, (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 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 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, Comm. Davis moved, seconded by Comm. Wright, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, motion carried unanimously. ~ PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COM- MISSIUN TO REZONE PROPERTY ON THE WEST SIDE OF S.R. 1576 APPROXIMATELY 350 FEET NORTH OF S.R. 1100 (RIVER ROAD) FROM R-15 (SINGLE FAMILY DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA ~k4. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of February 6, 1974, and had recommended that this request be denied. Mr. Kennie E. Weddle presented a petition which he stated was signed by forty of the landowners and taxpayers in that vicinity opposing this rezoning request. This petition is contained in Exhibit Book 1, Page 47. Mr. Bruce Freeman, Mr. Raiford Parker, and Mr. & Mrs. Raymond Mott, residents from this area, appeared before the Board to oppose this rezoning request. Chm. Powell moved, seconded by Comm. Ha11, that this rezoning request be denied as recommended by the Planning Commission. Upon vote, motion carried unanimously. 5~~. MINUTES OF REGULAR MEETING, MARCH 4, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) PUBLiC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO REZONE PROPERTY ON THE WEST' SIDE OF ENGLEWOOD DRIVE BETWEEN OLEANDER DRIVE AND BRENDA DRIVE FROM R-15 (SINGLE FAMILY DISTRICT~O B-2 (BUSINESS' DISTRICT) IN ZONING AREA ~p9B. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of February~6, 1974, and had recommended that this request be denied. Mr. A. Y. Lennon, Attorney at Law, appeared before the Board representing the petitioner, Dr. Gerald D. Hardison. Mr. Lewis Sasser, Pearl Foster, Mrs. Larry Colvin, and Joyce Vietto appeared before the Board to oppose this rezoning request. Comm..Vaughan moved, seconded by Comm. Davis, that this rezoning request be denied. Comm. Wright offered the substitute motion, seconded by Comm. Ha11, that this rezoning request be approved. Upon vote, substitute motion was defeated as follows: Voting Aye: Comm. Hall and Wright. Voting Noe: Comm. Davis, Vaughan and Chm. Powell. Upon vote, original motion to deny this rezoning request was approved as follows: Voting Aye: Comm. Davis, Vaughan and Chm. Powell. Voting Noe: Comm. Hall and Wright. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSIOPd FOR THE FOLLOWING PROPOSED AMENDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE. (See Page 597 for Addition.l 1. Amend Article V, Section 51, Subsection 51-2 by adding the following: (11) Church and/or related educational facilities provided that the structure shall have minimum side and rear yards of fifty (50) feet and a front yard at least twenty-five (25) feet greater than that required for a single family residence within the district. 2. Amend Article V, Section 51, Subsection 51-3 by deleting the following: (2) Church 3. Amend Article V, Section 52, Subsection 52-2 by adding the following: (11) Church and/or related educational facilities provided that the structure shall have minimum side and rear yards of fifty (50) feet and a front yard at least twenty-five (25) feet greater than that required for a single family residence within the district. 4. Amend Article V, Section 52, Subsection 52-3 by deleting the following: (2) Church 5. Amend Article V, Section 53, Subsection 53-2 by adding the following: (11) Church and/or reiated educational facilities provided that the structure sha11 have minimum side and rear yards of fifty (50) feet and a front yard at least twenty-five (25) feet greater than that required for a single family residence within the district. 6. Amend Article V, Section 53, Subsection 53-3 by deleting the following: (2) Church • 7. Amend Article VII, Section 72, Subsection 72-3 by deleting the following: 72-3 Churches - A church or other place of worship may be allowed in a Residential District subject to the requirements of the district and provided that: (1) The structure shall have minimum side and rear yards of fifty (50) feet and a front yard at least twenty-five (25) feet greater than that required for a single family residence within the district. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of February 6, 1974, to reaffirm their decision of January 9, 1974, to recommend that this request be denied. ~@~~ MINUTES OF REGULAR MEETING, MARCH 4, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) Mr. J..D. Orrell, Rev. Thomas K. Johnson, Rev. K. S. Wrench, and Mr. William L. Hill, II, spoke in favor of this revision to the New Hanover County Zoning Ordinance. Mr. Michael F. Moser, an interested citizen at the meeting on another issue, spoke against this revision to the Zoning Ordinance. Comm. Vaughan moved, seconded by Chm. Powell, that this request be denied as recommended by the Planning Commission. Upon vote, motion carried as follows: Voting Aye: Co~. Hall, Vaughan and Chm. Powell. Voting Noe: Comm. Davis and Wright. REQUEST FOR ZONING OF UNZONED PORTION OF NEW HANOVER COUNTY Planning Director Richard A. Fender presented two photostatic copies of petitions requesting that an unzoned area in the northwest section of the County be zoned.. The first petition consisted of 27 pages containing 294 signatures representing 299 property owners, and the second petition consisted of 3 pages containing 12 signatures repre- senting 12 property owners. These photostatic copies are contained in Exhibit Book 1, Pages 48 and 49 respectively. Mr. William L. Hill, II, Attorney at Law, appeared before the Board representing Mr. & Mrs. Charles B. King of 54 Holland Drive to request this area be zoned because of a proposed trailer park in the area which they felt would cause serious drainage problems and would have septic tank problems. Comm. Wright suggested to Mr. Hill that they attend the meeting of the Board of Health to oppose the proposed mobile home park on the grounds of the septic tank problem that they felt would exist. Mrs. Robert van Luyn spoke in favor of zoning this unzoned property. Comm. Vaughan moved, seconded by Comm. Hall, that the Planning Department proceed with the requested zoning for this unzoned area of the County. Upon vote, motion was approved as follows: Voting Aye: Comm. Davis, Hall, Vaughan and Chm. Powell. Voting Noe: Comm. Wright. DECISION TO HOLD PUBLIC HEARING ON ORDINANCE ENTITLED "AN ORDINANCE PROHIBITING THE VIOLATION OF CERTAIN RULES OR REGULATIONS DULY ADOPTED BY THE NEW HANOVER COUNTY AIRPORT COMMISSION" At the request of the New Hanover County Airport Commission, County Attorney Fox had prepared an ordinance entitled "An Ordinance Prohibiting the Violation of Certain Rules or Regulations Duly Adopted by the New Hanover County Airport Commission," which was presented to the Board. Dr. C. E. Hartford, Chairman, New Hanover County Airport Commission, had written the Board requesting their adoption of this ordinance. Mr. John F. Combs, President of the Experimental Aircraft Association, appeared before the Board to oppose the proposed ordinance. Comm. Wright moved, seconded by Comm. Vaughan, that a public hearing be held on Monday, March 18, 1974, at 10:00 AM, to consider adoption of this ordinance as proposed. The Clerk to the Board was directed to advertise this public hearing. DISCUSSION OF REPAIR OF JAMES E. BUSBY'S DITCH Mr. Stephen E. Culbreth, Attorney at Law, appeared before the Board representing Mr. James E. Busby to discuss stabilization of the ditch near Mr. Busby's home. The Commission had appropriated funds in the amount of $3,900 for this purpose at their meeting of November 19, 1973. Mr. Richard Epling, County Engineer, presented the recommendation of Mr. Keith Oates, State Health Department Engineer, that a 66 inch pipe be installed rather than the pro- posed 54 inch pipe to provide for run-off computed on the basis of total development in the area above the construction site. To provide for this increased pipe size would have required an appropriation of an additional $850,approximately. County Manager Eller reported that the proposed Sedimentation and Pollution Control Ordinance would require that upstream development provide for storm water retention facilities thus eliminating the need for increasing the pipe size on this project. No further action was taken by the Board. LUNCH RECESS Chm. Powell recessed the meeting for lunch from 1:00 to 2:00 PM. ROAD PETITION - CONNECTOR BETWEEN S.R. 1534 AND S.R. 1573 ~ A request had been received from the Department of 'rransportation that the Commission adopt a resolution requesting the State to add to the State's Secondary Road System the 250 foot connector between S.R. 1534 and S.R. 1573 in Carolina Beach State Park. Upon motion by Comm. Wright, seconded by Co~n. Vaughan, this resolution was unani- mously adopted by the Board. 59~°~ MINUTES OF REGULAR MEETING, MARCH 4, 1974 (CONTINUED) GLYNNWOOD II SUBDIVISION, SECTION 2 Mr. Terry L. Harlacher, Statf Ylanner, presented the final plat for Glynnwood II Subdivision, Section 2, for the Board's approval and stated that this plat fell under the 25-lot provision. Comm. Ha11 moved, seconded by Comm. Davis, that this plat be approved and that the Chairman be authorized to sign it. Upon vote, motion carried unanimously. MONTEREY HEIGHTS SUBDIVISION, SECTION 2 Mr. Terry L. Harlacher, Staff Planner, presented the final plat for Montery Heights Subdivision, Section 2, for the Board's approval and stated that this plat fell under the 25-lot provision. Comm. Hall moved, seconded by Comm. Wright, that this plat be approved and that the Chairman be authorized to sign it. Upon vote, motion carried unanimously. SOUTH BRANCH ESTATES, SECTION 1 Mr. Terry L. Harlacher, Staff Planner, Estates Subdivision, Section 1, and stated requirements. presented the final plat for South Branch that this had met all reviewing agency Upon motion by Comm. Hall, seconded by Comm. Wright, this subdivision plat was approved unanimously and the Chairman was authorized to sign it. DEFERRAL OF BROOKFIELD SUBDIVISION, SECTION 3-F Mr. Terry L. Aarlacher, Staff Planner, stated that the final plat for Brookfield Subdivision, Section 3-F, was not ready for presentation to the County Commissioners although it had been placed on the agenda for consideration. TRANSFER OF FUNDS - MEMBERSHIP IN WATER RESOURCES CONGRESS Upon motion by Comm. Ha11, seconded by Comm. Davis, a transfer of $275 from Travel, Account ~~11 410 14, to Dues & Subscriptions, Account ~~11 410 53, in the budget of the Governing Body was unanimously approved for membership in the Water Resources Congress. TRANSFER OF FUNDS - MENTAL HEALTH Upon motion by Comm. Vaughan, seconded by Comm. Davis, a transfer of $984 from Group Insurance, Account ~~11 660 06, to Transfers to Mental Health Center, Account ~k47 590 98, was unanimously approved by the Board for the hospitalization insurance of Mental Health Center employees for the six-month period from January 1 to June 30, 1974. LETTER REGARDING SEDC AND COG County Manager E11er stated that he had been directed by the Commission to write the two senators and the congressman in Washington with regard to the boundaries of the Economic Development District coinciding with the Council of Governments. He stated that, since he had been directed to write this letter, there had been some indication from several of the Commissioners that they might wish to change this deci- sion and requested direction from them. Comm. Hall moved, seconded by Chm. Powe11, that the County Manager, at this time, not send the letter that had previously been requested. Upon vote, motion was approved as follows: Voting Aye: Co~. Davis, Ha11, Wright and Chm. Powell. Voting IQoe: Co~. Vaughan. BUDGET A1~IENDMENT - SHERIFF'S DEPARTMENT Comm. Vaughan moved, seconded by Comm. Wright, that the budget be amended by increasing the revenue item, Sale of Fixed Assets, Account ~~11 380 00, by $252 and increasing the appropriation in the Sheriff's Department budget for Travel, Account ~~11 510 15, in the amount of $252 in order to reimburse the City of Wilmington for the transportation of five mentally ill persons to Cherry Hospital by the Wilmington Police Department for the period of December, 1973, through February, 1974, as authorized by Sheriff Grohman. Upon vote, motion carried unanimously. APPOINTMENT OF OFFICAL DELEGATE TO COMMEMORATION OF THE FIRST PROVINCIAL CONGRESS IN NEW BERN, NORTH CAROLINA The New Bern/Craven County American Revolution Bicentennial Commission had requested that the Board of County Commissioners appoint an official delegate to attend a program on Sunday, August 25, 1974, commemorating the 200th Anniversary of the First Provincial Congress. Comm. Vaughan moved, seconded by Chm. Powe11, that Rev. Walser Allen be appointed as New Hanover County's official delegate in honor of all the work he had put in on the Bicentennial Celebration for New Hanover County. Upon vote, motion carried unanimously. APPOINTMENTS TO CAROLINA BEACH PLANNING & ZONING COMMISSION Upon motion by Comm. Wright, seconded by Comm. Hall, the following persons were unanimously appointed to the Carolina Beach Planning & Zoning Commission effective April 1, 1974, as requested by the Carolina Beach Town Council. Leonard McDowell, term to expire March 31, 1976 Jeannette Bennett, term to expire March 31, 1977 Eli Courie, term-to expire March 31, 1975 Juanita Dale, term to expire March 31, 1975 ~ ~ ~ r~. MINUTES OF REGULAR MEETING, MARCH 4, 1974 (CONTINUED) BUDGET AMENDMENT - CLERK OF COURT Comm. Davis moved, seconded by Comm. Vaughan, that Miscellaneous Revenue in the General Fund, Account ~~11 335 00, be increased by $49.70 and that this amount be trans- ferred to the Court of Justice Fund, Clerk of Court - Miscellaneous Expense, Account ~~17 516 57, in order to provide funds for a City Directory for the Clerk of Court. Upon vote, motion carried unanimously. BUDGET AMENDMENT - BRIDGE LIGHTS Comm. Vaughan moved, seconded by Comm. Hall, that Miscellaneous Revenue in the General Fund, Account ~kll 335 00, be increased by $403 and that this amount be appro- priated to Non-Departmental, Miscellaneous Expense, Account ~~11 660 57, to cover ~ the hill for lights on the Northeast Cape Fear River Bridge. Upon vote, motion carried unanimously. Comm. Vaughan requested County Manager Eller to investigate the fact that the State of North Carolina paid for the lights on the new bridge but not the lights on the old bridge. DISCUSSION OF MOSQUITO CONTROL FUNDS At the meeting of February 18, 1974,the Commission had tabled a discussion of the Mosquito Control Program being carried on by the Health Department. At that meeting, Comm. Vaughan had made the following motion. Comm. Vaughan moved, seconded by Comm. Wright, that that the monies received from the State for this be revenue item in the Health Department Budget for FY this expenditure item not be increased for FY 74-75 that more monies would not be spent on mosquito con in fact, constitute a savings to the County. if SB 7669 passed, included as a 74-75 and that thus insuring trol but would, Comm. Hall moved, seconded by Chm. Powe11, that action on the Mosquito Control Funds be deferred until the proper time during the budget sessions. Upon vote, motion carried unanimously. SEWAGE DISPOSAL FOR NEW HIGH SCHOOL At the request of County Manager Eller, the scheduled report on the proposal for sewage disposal for the new high school was deferred to the meeting of March 18, 1974. DISCUSSION OF ARTIFICIAL REEF PROGRAM At the meeting of January 21, 1974, the County Commissioners had been requested to furnish one laborer to assist in the binding operation of tires for the artificial reef program. Action had been deferred at that time in order for the County Manager to contact the State concerning the Commissioners proposal to charge for disposing of scrap tires at the binding site. County Manager Eller reported that he had received a letter from Mr. Edward G. McCoy, Commissioner• of the Division of Commercial and Sports Fisheries dated February 14, 1974, in which he stated that they felt collecting for these tires from the tire dealers would be detrimental to the artificial reef program. a Comm. Vaughan moved, seconded by Comm. Davis, that the Board agree to pay the State for one laborer as long as they could charge tire people the same rate that they were paying at the landfill to be billed on a monthly basis. After a brief discussion in which County Manager Eller stated that he would like to invite Mr. Willard Lane to appear before the Board and discuss this with the Commissioners, Comm. Vaughan withdrew his motion; and, by common consent, the Board agreed to continue the operation as it was being operated until County Manager Eller could get some further information as to the desirability of making a change in the schedule of collecting fees or not collecting fees. TRANSFER OF FUNDS - WILMINGTON-NEW HANOVER MUSEUM fSee Addition Page 597:) Mr. Gary Eyster, Museum Director, had requested the following transfers. (1) $500 be transferred from Land Purchase, Account ~kll 625 71, to Travel, Account ~~11 625 14. This transfer was needed to offset increased cost of the staff trip during February to Richmond, Washington, and New York, in search of federal funds through the National Endowment for the Arts and to study museums in these three cities. (2) $300 to be transferred from Land Purchase, Account ~kll 625 71, to Utilities, Account ~~11 625 13. This transfer was requested because of the increase in heating costs. Mr. Eyster had projected his heating costs for the remainder of the fiscal year and felt, at the time, that this transfer would be suffi- cient. Comm. Davis moved, seconded by Comm. Hall, that these transfers be approved as requested. Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that the second transfer for $300 be approved. Upon vote, motion carried unanimously. By common consent, County Manager Eller was requested to contact Mr. Eyster for a more detailed explanation of the over-expenditure in the Travel Account. .., 5945 MINUTES OF REGULAR MEETING, MARCH 4, 1974 (CONTINUED) APPROVAL OF NORTH HIGH SCHOOL SITE Dr. Heyward C. Bellamy, Superintendent of County Schools, and Mr. Jerry Beaver, Assistant Superintendent, presented the 90-acre site which had been selected for the north high school. Chm. Powell moved, seconded by Comm. Davis, that this selected site be approved. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Wright and Chm. Powell. Voting Noe: Comm. Vaughan. TRANSFER OF FUNDS - SHERIFF'S DEPARTMENT Upon motion by Comm. Davis, seconded by Chm. Powell, a transfer of $5,000 from Salary & Wages, Account ~{11 510 02, to Equipment, Account ~kll 510 74, in the Sheriff's Department Budget was unanimously approved to cover the cost of replacing approximately fifty four (54) 38 caliber weapons with 357 stainless steel magnums. This transfer represented the balance of the cost of the new weapons after the trade-in allowance on the 38 caliber weapons. MILEAGE ALLOWANCE INCREASE FOR COUNTY EMPLOYEES County Manager E11er recommended that the iollowing mileage rates be established for New Hanover County employees. 15~ per mile for the first 500 miles per month 12G per mile for the second 500 miles per month 9C per mile for each mile in excess of 1,000 miles per month lOC per mile for out-of-town travel Comm. Vaughan moved, seconded by Comm. Hall, that the rate be set at 11C and, if the State changed their rate, that the Board review the matter at that time. Comm. Davis offered the substitute motion, seconded by Chm. Powell, that the rate be set at 12~ per mile effective March 1, 1974. Upon vote, substitute motion was approved as follows: Voting Aye: Comm. Hall, Davis and Chm. Powell. Voting Noe: Comm. Vaughan and Wright. ENDORSEMENT OF RESIDENTIAL CARE FACILITIES - YOUTH HELP, ZNC. Dr. William A. Phillips, Chairman, Youth He1p, Inc., appeared before the Board to request the Commission's endorsement of the establishment of Residential Care Facilities for New Hanover County. Comm. Wright moved, seconded by Comm. Hall, that the Board go on record endorsing the establishment of Residential Care Facilities for New Hanover County and that the Chairman be authorized to write the legislators in Raleigh informing them of this endorsement and asking their support in securing State funds for this purpose. Upon vote, motion carried unanimously. DISCUSSION OF COURTHOUSE SITE Comm. Vaughan moved, seconded by Comm. Hall, that the Board pass a resolution that they expect the courthouse to he huilt on the area bounded by Chestnut.and Market Streets and Third and Fourth Streets plus the Raney property plus any additional sma11 parcels adjacent thereto that the architects may determine to be necessary and that the main portion of the red brick courthouse be preserved if reasonably feasible. Upon vote, motion carried unanimously. By common consent, Chm. Powell was asked to notify the architects of this resolution. Mr. Robert C. Cantwell appeared before the Board to state his support of the present site for the proposed new courthouse. By common consent, Chm. Powell was asked to write Mr. Wallace C. Murchison, President of the Historic Wilmington Foundation, Inc., and notify him of this decision made by the Board. DISCUSSION OF SB 1317 -"CONFLICTS OF INTEREST" Comm. Wright requested County Manager E11er to secure a copy of Senate Bill 1317 for possible action by the Board. DISCUSSION OF HB 338 By co~non consent, Chm. Powell was requested to write the legislators in Raleigh voicing the Commission's opposition to House Bill 338 entitled "An Act to Authorize Counties, Cities, and Other Units of Local Government to Create Purchase Money Security Interests in Real and Personal Property," stating that the Commission prefers that any such authority be constituted within the County Commission. DISCUSSION OF HB 1833 - SCHOOL BUDGET & FISCAL CONTROL ACT Comm. Vaughan moved, seconded by Comm. Davis, that the Chairman write the legislators in Raleigh opposing House Bi11 1833 entitled "School Budget & Fiscal Control Act" because they felt that, if County Co~issioners have the responsibility of levying taxes and setting the rate, they should also have the control of the elements which affect it. Upon vote, motion carried unanimously. .. ~ ~'~ MINUTES OF REGULAR MEETING, MARCH 4, 1974 (CONTINUED) DISCUSSION OF WASTE INDUSTRIES By"common consent, County Manager E11er was requested to ask Waste.Industries, Inc., to report to the Board on complaints which had been received from private trash pick-up operators about Waste Industries, Inc., also beixg in the pick-up business as well as the Landfill business. This report was to be made when their audit was presented to the Board. DISCUSSION OF BUDGET FOR FISCAL YEAR 1974-75 Comm. Wright stated that some items in the budget for fiscal year 1973-1974 had not been spelled out so that the general public could look at the budget and tell where the money was going. County Manager Eller stated that it had been his practice to have narrative comments attached to each page of the budget to give detailed information. DISCUSSION OF CONTRACT WITH HENRY VON OESEN & ASSOCIATES County Manager Eller presented a copy oY the proposed amendments to the engineering contract with Aenry von Oesen & Associates to provide for 201 Facilities Planning Studies in addition to the county-wide water and sewer plan. He stated that this would affect the County's application for planning funds. , - By common consent, this item was deferred until the next special or regular meeting to give the Commissioners an opportunity to review the amendments as proposed. BIKE LANES Chm. Powell presented a letter from Dr. Heyward C. Bellamy, Superintendent of County Schools, requesting the Commission's endorsement of a plan to promote bike lanes throughout the heavily populated areas of the State. By common consent, Chm. Powell was authorized to write the County's legislators in Raleigh urging them to seek funds to make this project a reality. DISCUSSION OF SEWER FOR AIRPORT By common consent, the Board expressed its.intention to make the necessary transfers within the Airport's budget to accomodate the construction of the sewer line as planned; the actual transfers would be made when firm figures had been received. DISCU55ION OF SHRINE PARK SUBDIVISION Comm. Vaughan stated his concern that the Subdivision Review Committee had approved the final plat for Shrine Park Subdivision at their meeting of January 28, 1974, even though there had been several deficiencies noted at that meeting. By co~non consent, County Manager Eller was requested to report to the Board on the status of this subdivision. DISCUSSION OF COURTHOUSE COMMITTEE By common consent, County Manager Eller was designated as liaison man to work.with the architects; the City of Wilmington was to be requested to appoint the City Manager as liaison representative from the City; and that anytime the architects needed direction from the Commission as a whole, they would meet with the architects. Comm. Vaughan stated that he would like to have 15 minutes alone with the architects without any input from any of the other Commissioners and stated that he felt the other Commissioners should have this opportunity also. By common consent, this was agreed. RECESS TO EXECUTIVE SESSION Comm. Davis moved, seconded by Comm. Hall, that Mr. W. B. Beery, III, be reappointed to the Lower Cape Fear Water & Sewer Authority for a six-year term, term to expire March 31, 1980. ~ ' - Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that all committee appointments be discussed in executive session. Upon vote,, motion carried unanimously. Chm. Powell recessed the meeting to go into executive session at 4:05 PM. Chm. Powell reconvened the meeting at 4:15 PM, and the following action was taken. REAPPOINTMENT OF W. B. BEERY, III, TO LOWER CAPE FEAR WATER & SEWER AUTHORITY Upon motion by Comm. Davis, seconded by Comm. Wright, Mr, W. B. Beery, III, was unanimously reappointed to serve a six-year term on the Lower Cape Fear Water & Sewer Authority, term to expire March 31, 1980. APPOINTMENT OF MRS. FREDERICK WILLETTS, JR., TO MUSEUM BOARD OF TRUSTEES Upon motion by Comm. Wright, seconded by Comm. Hall, Mrs. Frederick Willetts, Jr., was unanimously appointed to fill the unexpired term~of Dr. Gerald Shinn on the Wilmington- New Hanover Museum Board of Trustees, term to expire June 30, 1976. ' SELECTION OF CHERRY, BEKAERT & HOLLAND AS OUTSIDE AUDITOR Upon motion by Comm. Hall, seconded by Chm. Yowe11, the auditing firm of Cherry, Bekaert-& Holland was unanimously selected as the outside auditor for New Hanover County, fiscal year ending June 30, 1974. ADJOURNMENT Comm. Wright moved, seconded by Comm. Vaughan, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 4:20 PM. Respectfully submitted, ~~ ~~~ L'se K. King Clerk to the Board k