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1974-06-17 Regular Meetingr ~~~~ MINUTES OF SPECIAL MEETING, JUNE 5, 1974 (CONTINUED) ARCHITECTS TO PURSUE SCHEME B It was generally agreed by the Commissioners that the architects should pursue Scheme B for the governmental complex which included two City blocks bounded by Third, Market, Second and Chestnut Streets if the cost did not make this scheme prohibitive. MOTION ON 90-BED JAIL (See Page 655 for Additional Discussion.) Comm. Vaughan moved that the Board adopt the concept of a 90-bed jail situation plus a detoxification center. Motion died for lack of a second. GROUP TO WORK WITH ARCHITECTS Comm. Vaughan moved that the Board approve the group as proposed by Mr. Herbert McKim in his letter of May 21, 1974, to serve as decision makers on the project so that they could some back to the Commissioners with final recommendations. The names proposed were as follows: Mr. Dan W. Eller, County Manager; Mr. Allen Cobb, District Solicitor; Sheriff H. G. Grohman; Mr. James McKeithan, Clerk of Court. Motion died for lack of a second; however, this group was approved by common consent. DATA PROCESSING TO BE INCLUDED IN PROPOSED FACILITY By common consent, it was agreed that provision be made for a computer services (data processing) department for the County in the proposed courthouse/jail facility. LOCAL REPRESENTATIVES TO BE INCLUDED IN PRESENTATIONS By common consent, it was agreed that,at the next meeting with the architects, representatives from the Bar Association, Downtown Merchant's Association, City Council members, Police Department, etc., be invited for public input. REQUEST OF LETTER FROM CITY COUNCIL RE POLICE DEPARTMENT Comm. Wright requested that City Councilwoman Margaret Fonvielle communicate to the City Council that the County Commissioners wanted to have something in writing from them with regard to the Wilmington Police Department going into the proposed facility. Mrs. Fonvielle stated that she would bring this up at the next Council meeting. SETTING NEXT MEETING WITH ARCHITECTS Comm. Vaughan moved, seconded by Comm. Davis, that the Commission meet with the architects on Tuesday, June 11, 1974, at 4:00 PM. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Vaughan and Chm. Powell. Voting Noe: Comm. Wright. Comm. Wright stated that she was voting "noe"-on this motion because there were budget sessions the following two days and that three days in a row with no supper for her family was too much. ADJOURNMENT There being no further business to come before the Board, Chm. Powell adjourned the meeting at 12:30 PM. Respectfully submitted, . ~~ , i uC • ~ ~ise K. King ~ ~ Clerk to the Board k MINUTES OF REGULAR MEETING, JUNE 17, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, June 17, 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 Clerk to the Board, Lise K. King. Chm. Powell called the meeting to order. Rev. A. L. McGee offered the invocation. APPROVAL OF MINUTES: SPECIAL MEETING, MAY 31, 1974 Upon motion by Comm. Wright, seconded by Comm. Hall, the minutes of the special ,:,ieeting held on May 31, 1974, were unanimously approved as presented. APPROVAL OF MINUTES: REGULAR MEETING, JUNE 3, 1974 Comm. Wright requested that on Page 653 the record show that the executive session was held to discuss committee and board appointments. Comm. Davis requested that on Page 646 under "Approval of Minutes: Regular Meeting, May 20, 1974," Paragraph 3, "Deferral of Lease Agreement with SENCland Community Action, Inc." the record show that this was not used in his campaign. Comm. Vaughan requested that under this same item the record show that this building was used for campaign head- quarters for Mr. Hector McGeachy. 65:~ MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, JUNE 3, 1974 (CONTINUED) Comm. Vaughan requested that on Page 652 under "Yresentation of Modular School Construction" the record show that Dr. J. T. Pierce of the State of North Carolina Division of School Planning was, in his opinion, one of the worst examples of bureau- cracy in Raleigh and that the Commission had wasted time listening to him because he had no desire to lower the cost of school construction. Under this same item, Comm. Davis requested that the record show that the Commission felt.that there was a more progressive, inexpensive way to construct schools than the method which had apparently been in effect for twenty years. Upon motion by Comm. Hall, seconded by Comm. Wright, the minutes of the regular meeting held on June 3, 1974, were unanimously approved as amended. APPROVAL OF MINUTES: SPECIAL MEETING, JUNE S, 1974 Comm. Wright requested that on Page 65:i under Executive Session" the record show that this executive session was held to discuss land acquisition. Comm. Davis requested that the record show methods which were discussed on how to save money on the jail. These recommendations were as follows: (1) that a jail for 90 inmates and a 30-bed detoxification center be built; and (2) through the appropriate and judicious use of pre-trial diversion programs and services as the decriminalization of public drunkness and other victimless crimes, release on its own recognizance, citation and police release, community bail bonds, bail reform, and other measures, the size of the detention facility could be reduced by 70%. Upon motion by Comm. Davis, seconded by Comm. Hall, the minutes of the special meeting held on June 5, 1974, were unanimously approved as amended. PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF THE ROAD RUNNING BETWEEN KING'S GRANT ATdD CRESTWOOD SUBDIVISIONS At the meeting oY May 6, 1974, the County Commissioners, upon request of Mr. Ellis Aycock, Attorney at Law, adopted a resolution setting a public hearing to consider closing a portion of the road running between King's Grant and Crestwood Subdivisions. Mr. Ellis Aycock, Attorney at Law, appeared before the Board and stated that notice of the public hearing had been published in the Wilmington Star News in compliance with the law. Chm. Powell opened the public hearing to discussion. Mr. Steve F. Aiken, one of the Petitioners, appeared before the Board along with his attorney, Mr. Ellis Aycock. Comm. Davis recommended that the road be closed and that the property owners deed to the County a five-foot easement to be used as a bicycle path through the tract so that the neighborhood children wouid have access between the two subdivisions. Chm. Powell moved that the road be closed subject to a deed of easement as recom- ~ mended by Comm. Davis. Planning Director Richard A. Fender recommended that the property owners maintain ~ the pronerty but that the County retain the right-of-way for possible future need. ~ Chm. Powell withdrew his motion. Comm. Davis moved that the request to close this road be approved. Motion died for lack of a second. Comm. Hall moved, seconded by Comm. Vaughan, that this request be denied at this time. Upon vote, motion carried as follows: Voting Aye: Comm. Hall, Vaughan, Wright, and Chm. Powell. Voting Noe: Cou¢n. Davis. PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE The proposed amendments to the New Hanover County Zoning Ordinance had been presented to the County Commissioners at their meeting of June 3, 1974. The Com- missioners had continued the public hearing until their meeting of June 17, 1974, at 9:30 AM, to permit more time for study. Chm. Powell opened the public hearing to discussion. Planning Director Richard A. Fender read the forty six (46) proposed amendments and discussed them with the Commissioners. Upon motion by Comm. Ilall, seconded by Comm. Wright, Amendments 1 through 12 were unanimously approved as presented. Comm. Ha11 moved that Amendments 13 and 17 be denied because he did not feel that the sale of gasoline should be permitted in residential districts. Motion died for lack of a second. ~~.~ MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE (CONTINUED) Comm. Wright moved, seconded by Comm. Vaughan, that Amendments 13 through 20 be approved as presented. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright and Chm. Powell. Voting Noe: Comm. Hall. Upon motion by Chm. Powell, seconded by Comm. Vaughan, Amendment 21 was unanimously approved as amended. Upon motion by Cottnn. Wright, seconded by Comm. Vaughan, Amendment 22 was unanimously approved as presented. Upon motion by Comm. Vaughan, seconded by Comm. Hall, Amendment 23 was unanimously approved as amended. ' Upon motion by Comm. Davis, seconded by Chm. Powe11, Amendment 24 was unanimously approved as presented. Upon motion by Chm. Powell, seconded by Comm. Hall,, Amendment 25 was unanimously approved as amended. . ~ . Upon motion by Chm. Powe11, seconded by Comm. Davis, Amendment 26 was unanimously approved as presented. Upon motion by Comm. Vaughan, seconded by Chm. Powell, Amendment 27 was unanimously approved as amended. Upon motion by Comm. Vaughan, seconded by Comm. Davis, Amendment 28, as written, and Amendment.29, as amended, were unanimously approved. Upon motion by Comm. Davis, seconded by Comm. Vaughan, Amendment 30, as written, and Amendment 31, as amended, were unanimously approved. ~ Upon motion by Comm. Davis, seconded by Comm. Vaughan, Amendment 32, as written, and Amendment 33, as amended, were unanimously approved. Upon motion by Comm. Vaughan, seconded by Chm. Powe11, Amendments 34, 35, and 36 were unanimously approved as presented.. Comm. Hall moved that item 7 under Amendment 37 be deleted. Motion died for lack of a seconcl. Comm. Vaughan moved, seconded by Chm. Powell, that Amendments 37 through 39 be approved as presented. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright and Chm. Powell. Voting Noe: Comm. Hall. Upon motion by Comm. Davis, seconded by Comm. Vaughan, Amendment 40 was unanimously approved as amended. Upon motion by Comm. Vaughan, seconded by Comm. Davis, Amendments 41 through 46 were unanimously approved as presented. Following are the forty six (46) amendments to the New Hanover County Zoning Ordinance as adopted by a majority of the Board of Commissioners. 1. Amend Article II, Section 23-2 by deleting the following: 23-2 Administrator, ZoninQ - The person, officer, and his authorized representatives, whom the County Commissioners have designated as their agent for the administration and enforcement of these regulations. 2. Amend Article II, Section 23-2 by adding the following: 23-2 Administrator, Zoning - The provisions of this Ordinance shall be administered and enforced by'the New Hanover County Building Inspector. 3. Amend Article II, Section 23-19 by deleting the following: 23-19 Lot Frontage - The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a 1ot adjacent to streets sha11 be considered frontage, and yards shall be provided as indicated under YARDS in this Article. 657 MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE (CONTINUED) 4. Amend Article II, Section '13-19 by adding the Yollowing: 23-19 Lot FrontaQe - The front of a lot shall be construed to be that portion abutting on a street, excluding the side dimension of a corner lot. For the purpose of determining yard requirements for corner lots in Residential Districts, the minimum width of a side yard along an intersecting street shall be fifty (50) percent greater than the minimum side yard requirements of the district in which the 1ot is located, or one-half (Z) of the minimum front yard setback along the side street, whichever is greater. Side Yard requirements of corner lots in the Business and Office & Institutional Districts sha11 be the same as the front yard requirements of the district in which the lot is located. Through lots shall be considered to have two (2) front yards. 5. Amend Article II, Section 23-43 by deleting the following: 23-43 Yard, Front - A yard extending between side lot lines across the front of a lot adjoining a street. Depth of required front yards sha11 be measured at right angles to a straight Line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. 6. Amend Article II, Section 23-43 by adding the following: 23-43 Yard, Front - A yard extending between side lot lines across the fron't oY a lot adjoining a public street. The depth of the re- quired front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines, and in such a manner that the yard established shall provide minimum depth parallel to the front lot line. 7. Amend Article II, Section 23 by adding the following: 23-46 Child Day Care Center - A place operated by a person, corporation, organization or association which receives a payment, fee or grant for the care of more than five (5) children thirteen (13) years of age or less for more than four (4) hours per day, without transfer-of custody. 8. Amend Article V, Section 51-2 by adding the following: (11) Churches, provided: (a) Off-street parking is provided in accordance with Article VIIiof this Ordinance. (b) There are planted buffer strips, as specified in Article VI, Section 67 of this Ordinance, along all side and rear•property lines where such property lines are not abutting a street right-of-way. (c) There shall be provided minimum front, side and rear yards of fifty (50) feet, except where side or rear property lines abut a street right-of-way, then the minimum side and rear yard requirements as specified for permitted uses in this District sha11 apply. 9. Amend Article V, Section 51-3 by deleting the following: (2) Church. 10. Amend Article V, Section 51-3 by adding the following: (19) Chi1d day care center. 11. Amend Article V, 5ection 52-2 by adding the following: (11) Churches, provided: (a) Off-street parking is provided in accordance with Article VIII of this Ordinance. (b) There are planted buffer strips, as specified in Article VI, Section 67 of this Ordinance, along all side and rear property lines where such property lines are not abutting a street right-of-way. (c) There shall be provided minimum front, side and rear yards of fifty (50) feet, except where side or rear property lines abut a street right-of-way, then the minimum side and rear yard requirements as specified for permitted uses in this District sha11 apply. 12. Amend Article V, Section 52-3 by deleting the following: (2) Church. ~~~ MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER AMENDMENTS TO NEW HANOVER COUNTY ZONING ORDINANCE (CONTINUED) 13. Amend Article V, Section 5'L-3 (4) to read as tollows: (4) Convenience food store with the sale of gasoline. 14. Amend Article V, Section 52-3 by adding the following: (22) Child day care center. 15. Amend Article V, Section 53-2 by adding the following: (11) Churches, provided: (a) 'Off-street parking is provided in accordance with Article VIII of this Ordinance. (b) There are planted buffer strips, as specified in Article VI, , Section 67 of this Ordinance, along all side and rear property lines where such property Lines are not abutting a street right-of-way. (c) There sha11 be provided minimum front, side and rear yards of ~ fifty (50) feet, except where side or rear property lines abut a street right-of-way, then the minimum side and rear yard requirements as specified for permitted uses in this District shall apply. 16. Amend Article V, Section 53-3 by deleting the following: (2) Church. 17. Amend Article V, Section 53-3 (4) to read as follows: (4) Convenience food store with the sale of gasoline. 18. Amend Article V, Section 53-3 by adding the following: (20) Child day care center. 19. Amend Article V, Section 54-3 by adding the following: (9) Child day care center. 20. Amend Article V, Section 54-4 by deleting the following: (2) Mimimum front yard - 50 feet. 21. Amend Article V, Section 54-4 by adding the following: (2) Minimum Front Yard - Fifty (50) feet along all U.S. and N.C. numbered highways and major thoroughfares as designated by the Wilmington Area Thoroughfare Plan. Thirty-five (35) feet along all other public high- ways or streets. 22. Amend Article V, Section 54-4 (3) be deleting the following: (3) Where a use abuts a Residential District,a visual buffer with a minimum of six (6) feet in height shall be provided and maintained along said property line. The buffer shall be a combined fence and evergreen hedge or shrubbery screen. See Restrictions in Article VI, Section 61, Fences, Walls and Hedges. 23. Amend Article V, Section 54 by adding the following: 54-7 Protection for Residential Areas - It is hereby required in a B-1 zone when a new principal structure is built, an existing principal structure is renovated or expanded sufficiently to increase its value by twenty-five (25) percent or more, in any one or; more expansions, or a change in use to a more intensive use is made of a property, before a certificate of occupancy may be issued, a planted buffer strip (as specified in Section 67 of this Ordinance) must be provided along all side and rear property lines which adjoin a residential zone. This provision may be waived only when evidence is presented to the Zoning Board of Adjustment that such a buffer would serve no useful purpose; and such evidence shall be heard in the same manner as a request for other variances as provided for in Article XII of this Ordinance. 24. Amend Article V, Section 55-4 by deleting the following: (2) Minimum Front Yard - 50 feet. 25. Amend Article V, Section 54-4 by adding the following: (2) Minimum Front Yard - Fifty (50) feet along all U.S. and N.C. numbered highways and major thoroughfares as designated by the Wilmington Area Thoroughfare Plan. Thirty-five (35) feet along a11 other public highways or streets. ~ 6~~ MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER AMENDMENTS TO NEW HANOVER COUNTY ZONING ORDINANCE (CONTINUED) 26. Amend Article V, Section 55-4 (3) be deleting the following: (3) Where a use abuts a Residential District, a visual buffer with a minimum of six (6) feet in height shall be provided and maintained along said property line. The buffer shall be a combined fence and evergreen hedge or shrubbery screen. See Article VI, Section 61- Fences, jdalls and Hedges. 27. Amend Article V, Section 55 by adding the following: 55-7 Protection for Residential Areas - It is hereby required in a B-2 zone when a new principal structure is built, an existing principal structure is renovated or expanded sufficiently to increase its value by twenty-five (25) percent or more, in any one or more expansions, or a change in use to a more intensive use is made of a property, before a certificate of occupancy may be issued, a planted buffer strip (as specified in Section 67 of this Ordinance) must be provided along all side and rear property lines which adjoin a residential zone. This provision may be waived only when evidence is presented to the Zoning Board of Adjustment that such a buffer would serve no useful purpose; and such evidence shall be heard in the same manner as a request for other variances as provided for in Article XII of this Ordinance. 28. Amend Article V, Section 56-4 (3) by deleting the following: (3) jdhere a use abuts a Residential District, a visual buffer with a minimum of six (6) feet in height shall be provided and maintained along said property 1ine. The buffer shall be a combined fence and evergreen hedge or shrubbery screen. See Article VI, Section 61, Fences, Walls, and Hedges. 29. Amend Article V, Section 56 by adding the following: 56-7 Protection for Residential Areas - It is hereby required in an I-1 zone when a new principal structure is built, an existing principal structure is renovated or expanded sufficiently to increase its value by twenty- five (25) percent or more, in any one or more expansions, or a change in use to a more intensive use is made of a property, before a certificate of occupancy may be issued, a planted buffer strip (as specified in Section 67 of this Ordinance) must be provided along all side and rear property lines which adjoin a residential zone. This provision may be waived only when evidence is presented to the Zoning Board of Adjustment that such a buffer would serve no useful purpose; and such evidence shall be heard in the same manner as a request for other variances as provided for in Article XII of this Ordinance. 30. Amend Article V, Section 57-4 (3) by deleting the following: (3) LJherea use abuts a Residential District a visual buffer with a minimum of six (6) feet in height shall be provided and maintained along said property line. The buffer shall be a combined fence and evergreen hedge or shrubbery screen. See Article VI, Section 61, Fences, Walls and HedQes. 31. Amend Article V, Section 57 by adding the following: 57-7 Protection for Residential Areas - It is hereby required in an I-2 zone when a new principal structure is built, an existing principal structure is renovated or expanded sufficiently to increase its value by twenty- five (25) percent or more, in any one or more expansions, or a change in use to a more intensive use is made of a property, before a certificate of occupancy may be issued, a planted buffer strip (as specified in Section 67 of this Ordinance) must be provided along a11 , side and rear property Lines which adjoin a residential zone. This provision may be waived only when evidence is presented to the Zoning Board of Adjustment that such a buffer would serve no useful purpose; and such evidence shall be heard in the same manner as a request for other variances as provided for in Article XII of this Ordinance. 32. Amend Article V, Section 59.1-7 by deleting the following: 59.1-7 Where a use abuts a Residential District, a visual buffer with a minimum of six (6) feet in height shall be provided and main- tained along said property line. The buffer shall be a combined fence and evergreen hedge or shrubbery screen. See Article VI, Section 61 - Fences, Walls and HedQes. ! S MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINDED) PUBLIC HEARING TO CONSIDER AMENDMENTS TO NEW HANOVER COUNTY ZONING ORDINANCE (CONTINUED) 33. Amend Article V, Section 59.1-7 by adding the following: 59.1-7 Protection for Residential Areas - It is hereby required in an 0&I zone when a new principal structure is built, an existing principal structure is renovated or expanded sufficiently to increase its value by twenty-five (25) percent or more, in any one or more expan- sions, or a change in use to a more intensive use is made of a property, before a certificate of occupancy may be issued, a planted buffer strip (as specified in Section 67 of this Ordinance) must be provided along all side and rear property lines which adjoin a residential zone. This provision may be waived only when evidence is presented to the Zoning Board of Adjustment that such a buffer would serve no useful purpose; and such evidence shall be heard in the same manner as a request for other variances as provided for in Article XII of this Ordinance. 34. Amend Article VI, by adding the following: Section 67 Buffer Strins ~ 67-1 A buffer strip, where required by this Ordinance, shall con- • sist of plant material of such growth characteristics as will provide an obscuring screen of not less than seven (7) feet in height. The amount of planting required to accomplish adequate screening is variable with the individual site. The enforcing officer of this Ordinance shall arbitrate to determine types and amount where no specific standards are specified by this Ordinance, and the Zoning Board of Adjustment or Planning_Commission sha11 make such determination when approval of site plans is required by either of these bodies. In any case, the following description of screening shall be established as the minimum acceptable buffer within the terms. of this Ordinance. The depth of the buffer strip is dependent upon the type of screening (1 row, 2 row or 3 row) required. 67-2 Minimum Specifications - Such a buffer strip, where required by this Ordinance, shall, as would reasonably be expected, provide within three (3) years of planting, a planted, growing barrier affording visual privacy and sight relief between properties of dissimilar uses and/or character of buildings. Visual privacy shall include screening from automobile headlights, elevated yard lights, electric signs, building lighting, mechanical equipment clusters, garbage or trash concentrations and vehicular traffic. The minimum acceptable screen would consist of 1 row, 2 rows, or 3 rows of trees, shrubbery and ground-cover, as described below: Example of 2 row screen ~0 ;~/ ,~ ~ m ~b ,~ , b Example of 1 row screen ~, ~. `~;`t~~dil~~~.~~r~;~riiii~vi,~~~~ii~~~~iiSHRUBBERY ~ ~ i ~HRUBBERY ! v ~ n ! ~~. ' ~o • ~~o ~~o ~,d.` .~ TREES y.~. .~.~.,.,.,,.,~,,.~nJ~~~-~, o TREES GROUND COVER OR SHRUBBERY ~ v 6ROllND ~-^~'""''^'"~, COVER OR SHRUBBERY Example of 3 row screen ~m, ~~i~iliX n~'"~. ,~, r/. ~or~,i ~~~ n ~, r~ ~ ~ ~:-~ ,,.3.,, ~ y, .,.o, ~ ~ o _, ~ n ~b~~,.~~,~o~;. ~~a 0 0 0 0 0 I;SHRUBBERY ~`'~ „ 1 TREES ~•!~ ~ ~, ~~'~ ~`~ `~ v C~, R~ JND COVER OR SHRUBBERY . 6 ~ ~ "~'v"'\.?'~~t ....~/'~ MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER AMENDMENTS TO NEW HANOVER COUNTY ZONING ORDINANCE (CONTINUED) Plants recommended for each type of screening are: (A) Trees: Yaupon Holly (Ilex Vomitoria) American Holly (Ilex Opaca) Eastern Red Cedar (juniperus Virginiana) Laurel Cherry (Prunus Caroliniana) Arizona Cypress Kedbay (Persea Borbonia) (B) Shrubbery: Cleryea (Cleryea Japonica) Euonymus (Euonymus Japonicus) Japanese Privet (Liqustrum Japonicum) California Privet (Liqustrum Ovalifolium) European Privet (Liqustrum Vulgare) Southern Wa~yrtle (Myrica Cerifera) Northern Bayberry (Myrica Pensylvanica) Oleander (Nerium Oleander) Pittosporum (Pittosporum.Tobira) Japanese Yew (Podocarpus Macrophyllus Var. Maki) (C) Ground Cover: Shore Juniper (Juniperus Conforta) Periwinkle (Vinca Minor) Honeysuckle (Lonicera Simperverins) Lippia (Lippia Nodiflora) Evergreen Condytuct (Iberis Simperverins) 67-3 Maintenance - Initial buffer planting shall be guaranteed one full year. Trimming annually required thereafter. 35. Amend Article VII, Section 72-3 by deleting the following: 72-3 Churches - A church or other place of worship may he 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. 36. Amend Artice VII, Section 72-5 by deleting the following: (3) The use sha11 be limited to providing convenience food sales to the surrounding residential area. Vehicular services, such as but not limited to the sale of gasoline, oil, washing, etc., shall not be permitted. (7) The lot housing the convenience food store shall be provided with a continuous visual buffer with a minimum height of six (6) feet. (See Article VI, Section 61.) The buffer shall be a combined fence and hedge or shrubbery screen. 37. Amend Article VII, Section 72-5 by adding the following: (3) The use sha11 be limited to providing convenience food sales and gasoline sales to the surrounding residential area, provided that vehicular services such.as, but not limited to, auto repair, sale of auto accessories, washing, etc., shall not be permitted. (7) Gasoline sales shall be limited to one (1) pump island containing a maximum of three (3) gasoline pumps. The gasoline pump island sha11 not be located closer than thirty (30) feet of any street right-of-way nor closer than forty (40) feet to any side or rear lot line. (8) The lot containing a convenience food store sha11 be provided with a planted buffer strip along all side and rear property lines that abut residential property. Buffering shall be provided according to the requirements of Article VI, Section 67 of thi's Ordinance. 38. Amend Article VII, Section 72 by adding the following: 72-21 Child Day Care Center - A child day care center may be permitted in any Residential District subject to the dimensional requirements of the District and provided: (1) Off-street parking meets the requirements of Article VIII of this Ordinance; (2) A paved or otherwise improved driveway, with ingress and egress directly onto a public street, is constructed in such a manner as to provide entrance to and exit from the property without backing onto the street right-of-way; (3) The entire play area is enclosed with a fence having a minimum height of four (4) feet and constructed in such a manner that maximum safety is ensured. ~~~ MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER AMENDMENTS TO NEW HANOVER COUNTY ZONING ORDINANCE (CONTINUED) - (4) No outside sign in excess of two (2) square Yeet in area shall be permitted; and, (5) The construction and operation of such facilities shall comply with the provisions of the General Statutes of the State of North Carolina and any other applicable Federal, State or local codes. 39. Amend Article VIII, Section 80-1 by deleting the following: 80-1 There shall be provided at the time of the erection of any building, or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats, or floor area; or before conversion from one type of use or occupancy to another, permanent off- street parking space in the amount specified by this Ordinance. Such parking space may be provided in a parking garage or properly graded open space. No off-street parking or loading shall be permitted in a required yard or open space, except in the case of a single or two (2) family dwelling. 40. Amend Article VIII, Section 80-1 by adding the following: 80-1 There sha11 be provided, at the time of the erection of any building or structure, or at the time any principal building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one type use or occupancy to another, permanent off-street parking space in the amount required in this Section. Such off-street parking may be provided in a parking garage or on graded improved open space, except that no parking sha11 be permitted within ten (10) feet of a street right-of-way line or other property line of residentially zoned property. This provision shall not apply to off- street parking requirements of Residential Districts. 41. Amend Article VIII, Section 80 by adding the following: 80-6 For uses not specifically mentioned herein, off-street parking requirements shall be interpreted by the administrator of this Ordinance upon the ~ recommendation of the Planning Department, based upon requirements for similar uses, if any, established herein. 42. Amend Article VIII, Section 81 by adding the following: Uses Re uired Off-Street ParkinQ Child Day Care Center One (1~ space for each employee plus four (4) spaces for off-street drive- in and pick-up. 43. Amend Article X, Section 102-1 by deleting the following from Line 6: 102-1 ...Consolidated Board of Health's... 44. Ainend Article X, Section 102-1 by adding the following to Line 6: 102-i ...New Hanover County Board of Health's... 45. Amend Article XIII, Section 133 by deleting the following: Section 133 Approval of Consolidated Board of Health The Building Inspector shall not issue a building permit for any structure which requires the Consolidated Board of Health's approval for the installation of a sewage disposal system until such approval has heen granted by the Consolidated Board of Health. Evidence of approval shall accompany the appli- cation for a building permit. . 46. Amend Article XIII, Section 133 by adding the following: Section 133 Approval of the New Hanover County Health Department The Building Inspector sha11 not issue a building permit tor any structure which requires the New Hanover County Health Department's approval for the installation of a sewage disposal system until such approval has been granted by the New Hanover County Health Department. Evidence of approval shall accompany the application for a building permit. The ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Ordinance of New Hanover County, North Carolina, Adopted October 6, 1969" which incorporates the aforementioned amendments is contained in Zoning Ordinance Book I. DISCUSSION OF ORDINANCE REQUIRING LICENSING AND CONTROL OF DOGS The Commissioners had considered a proposed ordinance for the control and licensing of dogs at a public hearing held May 20, 1974. At that time, the Commissioners had deferred action until a committee of interested citizens could meet and prepare a recommended ordinance for consideration by the Commissioners. The committee had delivered a proposed ordinance to the Commissioners and to County Attorney Fox on Friday, June 14, 1974. Upon motion by Comm. Wright, seconded by Comm. Hall, this item was unanimously tabled until the meeting of July 1, 1974, to allow County Attorney Fox time to prepare an. ordinance in proper legal form for consideration by the Commission. ~~Q) MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) DISCUSSION OF FEES FOR PHYSICIANS PROVIDING SERVICE TO MENTAL HEALTH CENTER County Manager Eller reported that on April 1"l, 1974, the North Carolina General Assembly had ratified Senate Bill 981 dealing with involuntary commitment of inental patients. This act had become effective June 12, 1974. The law in existence before June 12 had provided that physicians who.gave medical coverage in cases of emergencies and cases pending commitment to institutions were to be compensated at the rate of $15 per examination and lOF per mile. The new law had struck these rates and inserted instead "usual and customary fees." Dr. Burt M. Walden, Area Director of the South- eastern Mental Health Center, had requested that the Board of County Commissioners set the "usual and customary fee" to be charged. Upon motion by Comm. Hall, seconded by Comm. Wright, the Board unanimously agreed to refer this to the New Hanover Medical Society to determine a usual and customary fee. COMMENDATION OF COMM. J. M. HALL, JR. Mr. H. R. Fussell appeared beYore the Board to couunend and thank Comm. J. M. Ha11, Jr., for the outstanding work he had done as a County Commissioner for a period of approximately twenty years. DISCUSSION OF BID FOR FURNITURE FOR PUBLIC HEALTH BUILDING Dr. Joseph C. Knox, Director, Health Department, presented the following tabulation of bids received for furniture for the new public health building. BIDDER A. Jackson & Bell Co. B. Service Office Supply & Design C. Shoemakers Office Supply Co MANUFACTURER BID PRICE All Steel, Inc. $35,595.00 Cole Stee1 33,370.42 General Fireproofing 41,925.00 Dr. Knox stated that he and County Auditor Ross recommended that the Co~ission accept the bid of Jackson & Bell Company in that Bidder "B" had not bid on five items and Bidder "C" had not submitted either a certified check or a cashier's check as a bid deposit and, therefore, these two bids did not qualify as complete bids. Mr. Ervin E. Strickland, Jr., President of Service Office Supply & Design, appeared before the Board and stated that he had not bid on four of the items because no specification had been given and that he did not bid on the fifth item because he could not obtain it. Comm. Ha11 moved that the bid of Jackson & Bell Company be accepted inasmuch as it was a complete and legally qualified bid. Motion died for lack of a second. By common consent, this item was deferred until after the lunch recess. DISCUSSION OF BIDS ON X-RAY FILM PROCESSOR Dr. Joseph C. Knox, Director, Health Department, presented the following tablulation of bids received for a new x-ray film processor. BIDDER MODEL F.O.B. DELIVERY PRICE General Electric Kodak M6A-N Wilmington, N. C. 90 days $8,272.12 Pick ~' Corporation Kodak M6A-N Point of Shipment ? 8,471.10 ALTERNATE BID General Electric General Electric 400 Wilmington, N. C. 60 days 5,666.00 Comm. Vaughan moved, seconded by Chm. Powell, that the Commission accept the bid of General Electric on either the Kodak M6A-N or the General Electric 400 based on the recommendation of the Health Board with the stipulation that, if the Health Board chose the Kodak M6A-N, they must justify the additional expense of $3,000 to the Commission. Comm. Wright requested that action on this item be deferred until after the lunch recess. Comm. Vaughan withdrew his motion; Chm. Powe11 withdrew his second. By common consent, this item was deferred until after the lunch recess. EXECUTIVE SESSION Comm. Wright moved, seconded by Comm. Hall, that the meeting be recessed to go.into executive session to discuss a personnel matter. Upon vote, motion carried unanimously. Chm. Powell recessed the regular meeting to go into executive session at 12:35 PM. Chm. Powell recessed the executive session to go back into regular session at 12:40 PM. LUNCH RECESS Chm. Powell recessed the meeting for lunch from 12:40-1:40 PM. ~~~ ~ MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) ACCEPTANCE OF BID ON X-RAY FILM PROCESSOR Comm. Wright moved, seconded by Comm. Vaughan, that the Board accept the alternate bid of the General Electric Company of $5,666 for the new x-ray film processor for the Health Department, Model General Electric 400, subject to this machine's being equivalent to the Kodak M6A=N and to.General Electric's so testifying. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Voting Noe: Comm. Hall. LEASE OF COUNTY PROPERTY TO K-9 SECURITY SERVICE, INC. County Manager Eller reported that the required legal advertisement with regard to the lease of County property to K-9 Security Service, Inc., had been published in the Wilmington Morning Star on June 7, 1974, and the County Commissioners could now execute the lease agreement. , Comm. Davis moved, seconded by Chm. Powe11, that ihe lease agreement between New Hanover County and K-9 Security Service, Inc., be executed. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powe11. Absent: Coumi. Hall. CHANGE ORDER IN PLUMBING CONTRACT - LEGION STADIUM County Manager E11er reported that the Legion Stadium Commission had approved a change order in the plumbing contract increasing the contract from $6,000 to $12,500. He stated that the County would not be under obligation to pay the additional amount until after July 1, 1974. He stated that the reason for the change order was the necessity of getting the roughed-in plumbing down for the field house. Comm. Vaughan moved, seconded by Comm. Davis, that this change order for the plumbing contract be approved. Upon vote, motion carried as follows: Voting Aye: Comm. Davi.s, Vaughan, Wright, and Chm. Powell. Absent: Comm. Hall. DISCUSSION OF BROKEN SEWER LINE AT LEGION STADIUM County Manager Eller reported that a sewer line had been broken during construction at Legion Stadium and it had been requested by the Stadium Commission that an additional $1,818 be appropriated to replace this sewer line. Comm. Wright moved, seconded by Comm. Vaughan, that this item be referred to the Stadium Commission to be resolved. There was a brief discussion with regard to the City of Wilmington being requested to repair this sewer line inasmuch as they had a Department capable of handling this work and inasmuch as this sewer line was part of the City sewer system. County Manager Eller reported that he had discussed this with the City Manager and had been told that the City of Wilmington did not have funds appropriated for this purpose. Comm. Davis offered the substitute motion, seconded by Chm. Powell, that Comm. Davis be authorized to discuss this problem with Mayor Herbert B. Brand, City of Wilmington, and that this discussion be limited to this problem. Upon vote,. substitute motion was approved as follows: • Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Absent: Comm. Ha11 APPROVAL OF CERTIFICATION FOR SEAGATE AND MYRTLE GROVE FIRE DEPARTMENTS Comm. Vaughan moved, seconded by Comm. Davis, that the rosters of firemen submitted by Myrtle Grove and Seagate Volunteer Fire Departments be submitted to the North Carolina Firemen'.s Pension Fund Division of the Department of State Auditor in compliance with North Carolina General Statute 118-23. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright and Chm. Powell. Absent: Comm. Hall. REPORT OF COLLECTOR OF REVENUE Comm. Davis moved, seconded by Comm. Vaughan, that the report of Janie B. Straughn, Collector of Revenue, for New Hanover County Tax Collections through May 31, 1974, be approved. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Absent: Comm. Hall. This report is contained in Exhibit Book 2, Page 14. ~b~ MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) TRANSFER OF FUNDS - INSPECTIONS ~ Comm. Vaughan moved, seconded by Comm. Davis, that the following transfers of .~, funds be approved for the Inspections Department. $400 to be transferred from Salaries and Wages, Account ~k11 540 02, to Travel, Account ~kll 540 14. $1,500 to be transferred from Salaries and Wages, Account ~~11 540 02, to Auto Allowance, Account ~kll 540 10. Upon vote, motion was approved as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powe11. Absent: Comm. Hall. TRANSFER OF FUNDS - PLANNING DEPARTMENT Upon motion by Comm. Vaughan, seconded by Comm. Davis, the following transfers of funds in the Planning Department were unanimously appr•oved. $225 to be transferred from Contracted Services, Account ~~11 490 45, to Advertising, Account ~~11 490 27. $45 to be transferred from Contracted Services, Account ~kll 490 45, to Maintenance & Repair-Equipment, Account ~~11 490 16. BUDGET.AMENDMENT - ANIMAL CONTROL Upon motion by Comm. Davis, seconded by Comm. Wright, the budget was unanimously amended by increasing the revenue account, Miscellaneous Revenue, Account ~~11 335 00, in the amount of $827 and by increasing the expenditure account, Animal Control, Account ~~11 660 20, in the amount of $827 in order to account for an insurance check which had been received to pay repairs for the radio tower at the Animal Control Center. TP.ANSFER OF FUNDS - CAPE FEAR TECHNZCAL INSTITUTE Comm. Hall moved, seconded by Comm. Wright, that $300 be transferred from Account ~~1003, Water, Sewerage & Trash, to Account ~~1005, Telephone, and that $200 be transferred from Account ~~1003, Water, Sewerage & Trash, to Account ~~1006, Motor Vehicle Operation, in the Cape Fear Technical Institute budget as requested. Upon vote, motion was approved as follows: Voting Aye: Comm. Davis, Ha11, Wright, and Chm. Powell. Voting Noe: Comm. Vaughan. TRANSFER OF FUNDS - JUVENILE SERVICES Upon motion by Comm. Vaughan, seconded by Comm. Wright, a transfer of $170 from Supplies, Account ~~11 522 33, to Travel, Account ~kll 522 14, in the Juvenile Services budget was unanimously approved. DISCU55ION OF JAIL POPULATION REPORT Comm. Vaughan stated that he would like to receive a report from the Jail as to trow many people were in the Jail, for what reason and for how long. No action was taken by the Board. APPROVAL OF NORTH CAROLINA OCEAN SCIENCES INSTITUTE PROGRAM Mr. Gilbert H. Burnett, Chief District Judge, appeared before the Board along with Mr. Kerry Clemmons of the FLorida Ocean Sciences Institute and members of the Board of Directors of the North Carolina Ocean Sciences Institute to request the County to finance 5% of the amount granted by the Law Enforcement Assistance Administration for a period of three years for the North Carolina Ocean Sciences Institute. Judge Burnett stated that this would be in the maximum amount of $8,125 dependent upon the amount of the grant approved by LEAA. Judge Burnett stated that the purpose of the Institute was to get young criminals involved in the sea, teach them a tra3e, and help them get jobs thus cutting the recidivism rate. A film was shown on the work being done at the Florida Ocean Sciences Institute. Comm. Hall moved, seconded by Comm. Davis, that, as the New Hanovez County Com- missioners had reviewed the LEAA project application "North Carolina Ocean Scienees Institute and considered the project's goals and objectives to have merit, that; 1) The Board agree to receive LEAA funds for the purpose outlined in the grant application; 2) The County would subcontract to North Carolina Ocean Sciences the actual project implementation, operation and evaluation; 3) At the termination of the three-year grant period, the Board would review the project's progress and determine if the project merits consideration for local funding. The prime factors to be considered would be: (a) The project's success in reducing the _ rate of recidivism, and (b) the economic feasibility of the project; ~- ~~~ MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) APPROVAL OF NORTH CAROLINA OCEAN SCIENCES INSTITUTE PROGRAM (CONTINUED) 4) That during the project's operation, the staff would seek both private and public sources of funding in an effort to reduce the burden on the New Hanover County taxpayer if the County chose to continue the project at the termination of the three- year grant period. Comm. Wright stated that she did not feel Comm. Davis and Chm. Powell should be allowed to vote on this motion as they were both members of the Board of Directors of the Institute and she felt this constituted a conflict of interest. Comm. Davis and Chm. Powe11 tendered their resignations from the Board of Directors of the North Carolina Ocean Sciences Institute, which were accepted by Mr. Kerry Clemmons. Upon vote, motion to approve the North Carolina Ocean Sciences Institute for a period of three years, funds for the first year to be~contained in the budget for fiscal year 1974-1975, was approved unanimously. Comm. Wright stated for the record that she was voting "aye" on this motion because it seemed like it was worth a try. REPORT OF ARCHITECTS ON PROPOSED COURTHOUSE/JAIL FACILITY Mr. Herbert Y. McKim of Ballard, McKim & Sawyer/Hartman-Cox, Associated Architects, appeared before the Board to discuss the progress being made on the proposed eourthouse/ jail facilities. Mr. McKim showed slides of the downtown area and distributed copies of a booklet entitled "Site Study, Government Complex, New Hanover County, North Carolina, Alternative Approaches, June 5, 1974." Mr. McKim stated that he would like_to have a working session in the near future with the Commissioners to finalize the site selection. This was agreed to by common consent. EXTENSION OF LEASE FOR NORTH CAROLINA RURAL CONCENTRATED EMPLOYMENT PROGRAM The North Carolina Rural CEP Program had requested that their current lease on the west wing of the nurses quarters at the Community Hospital be extended through June 30, 1975. The Commissioners had been furnished information on the Rural CEP P.rogram as to its organi- zation, purpose and budget. Comm. Hall moved, seconded by Comm. Davis, that the lease be extended through June 30, 1975, as requested. Upon vote, motion was approved as follows: Voting Aye: Comm. Davis, Hall, Wright and Chm. Powell. Voting Noe: Comm. Vaughan. ACCEPTANCE OF BID FOR FURNITURE FOR PUBLIC HEALTH BUILDING This item had been deferred earlier in the meeting by common consent. Chm. Powell moved, seconded by Comm. Ha11, that the contract be awarded to Jackson & Bell Company in the amount of $35,595. Upon vote, motion carried as follows: • Voting Aye: Comm. Davis, Ha11, Vaughan and Chm. Powell. Voting Noe: Comm. Wright. Comm. Vaughan stated that he was voting "aye" on this motion because it was his understanding that legally this was the only way the contract could be awarded. REPORT OF t~IR. HERBERT P. McKIM ON EROSION AND SEDIMENTATION CONTROL ORDINANCE Mr. Herbert P. McKim, Chairman of the Environmental Impact Ordinance Committee, reported that the State Sedimentation Control Commission had reviewed the County's Erosion and Sedimentation Ordinance and had recommended several changes. Mr. McKim requested that the Board defer action on this ordinance to allow the Environmental Impact Ordinance Committee time to meet and act on the revised ordinance. Upon motion by Comm. Vaughan, seconded by Comm. Wright, this item was unanimously tabled until the meeting of Ju1y 1, 1974. DISCUSSION OF HOSPITAL BOND ISSUE AND NEW HOSPITAL Comm. Vaughan stated that he would like to start receiving a copy of the minutes ' of the Executive Committee of the New Hanover Memorial Hospital Board of Trustees. Comm. Vaughan stated that he felt a public hearing should be held before issuing the hospital bonds as to the desirability of building a private hospital or a second hospital rather than expanding New Hanover Memorial Hospital. Comm. Hall moved that no action be taken on this particular question at this time. t~otion died for lack of a second. Comm. Davis moved that this item be tabled. Upon vote, tabling motion was approved as follows: Voting Aye: Comm. Davis, Hall and Chm. Powe11. Voting Noe: Comm. Vaughan and [dright. MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) DEFERRAL OF DISCUSSION OF DOWNTOWN FEDERAL GOVERNMENT BUILDINGS Comm. Vaughan had requested that a discussion of downtown federal government buildings be placed on the agenda but, in the interest of time, requested that this item be deferred until the meeting of July 1, 1974. ROAD PETITION - LEHIGH ESTATES, SEGTION 1 The Clerk to the Board reported to the Board of Commissioners that the Planning Department, the County Engineer, and the Department of Transportation had inspected the roads in Lehigh Estates, Section 1, and concurred that these roads met the minimum standards and criteria for acceptance into the State's Secondary Road System. The Com- mission was requested to adopt a resolution asking the State Highway Commission to review these roads and take them over for maintenance if they met established standards and criteria. Comm. Hall moved, seconded by Chm. Powell, that the Board adopt the appropriate resolution. Upon vote, motion carried unanimously. DEFEARAL OF PROPOSED PLUMBING CODE ADVISORY COMMITTEE At the meeting ot June 3, 1974, the County Manager had been requested to prepare a resolution with reference to a proposed Plumbing Code Advisory Committee and report back to the Commissioners at the meeting of June 17, 1974. County Manager E11er reported that he had prepared a draft resolution and had fur- nished copies to the County Engineer and to the Master Plumbers Association for their review and comments but had not heard from them. Upon motion by Comm. Vaughan, seconded by Cotr~n. Hall, this item was unanimously tabled until the County Manager had received the comments of the County Engineer and the Master Plumbers Association. DISCUSSION OF HOSPITAL BOARD MINUTES Comm. Wright questioned the following extract from the minutes of the New Hanover Memorial Hospital Board of Trustees' meeting of May 28, 1974--"That there have been developments with reference to State agencies and the expansion capacity of the Hospital and that these will be discussed with the Long Range Planning Committee in the near future." Chm. Powell suggested that Comm. Wright contact Mr. William F. Morrison, Director of the Hospital, and ask him to delineate the problem. Comm. Vaughan moved, seconded by Comm. Wright, that Chm. Powell, as the Commission's representative on the Hospital Board, be requested to bring before the Board the reasons that the State was objecting to expansion. Chm. Powell asked County Manager Eller to contact the Hospital Director for an explanation of the State's objection to expansion. Comm. Ha11 sug~ested that the Hospital Director be invited to attend the next Com- mission meeting to discuss this with the Commissioners. DISCUSSION OF COUNTY WATER PROBLEM Comm. Wright requested that the Board take some action to request the Health Depart- ment to investigate and speedily resolve the water problems being experienced by citizens in the County. Comm. Vaughan moved, seconded by Comm. Wright, that the Board ask for an immediate report from the Health Department on the quality of water in all community water systems in New Hanover County. Upon vote, motion carried unanimously. APPOINTI~NT OF MRS. RICHARD T. HAYES TO EIO COMMITTEE Comm. Vaughan moved, seconded by Chm. Powell, that Mrs. Richard T. (Sue) Hayes be appointed to the Environmental Impact Ordinance Committee. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Vaughan and Chm. Powe11. Voting Noe: Comm. Wright. Co~. Wright stated that she thought the Board had taken a dangerous attitude by appointing someone because they were a member of a particular organization. (Mrs. Hayes had been recommended by the League of Women Voters to replace Mrs. Pat Hollifield.) Comm. Vaughan stated that he had not nominated Mrs. Hayes because she was a member of a particular organization but because he felt, with her background, she was highly qualified for appointment to this committee. DISCUSSION OF TREE-PLANTING PROGRAM IN COUNTY Comm. Davis requested that the Board give some thought to the planting of shade trees in the County with the idea of developing a tree-planting program for New Hanover County. DISCUSSION OF AERONAUTICS, INC. Comm. Vaughan requested that Comm. Davis, as the Board's representative on the Airport Commission, determine the financial responsibility of the successor of Aeronautics, Inc., at the Airport which he (Davis) had questioned in a memorandum dated May 17, 1974. ~~(~ MINUTES OF REGULAR MEETING, JUNE 17, 1974 (CONTINUED) SETTING BUDGET HEARINGS FOR REGISTER OF DEEDS AND COUNTY ENGINEER Comm. Wright suggested that the budget hearings for the Register of Deeds and those departments under the County Engineer (Public Buildings, Cemeteries & Parks, Buildings & Grounds, Inspections, and Garage) be held on Tuesday, June 25, 1974, at 9:00 AM. This was agreed to by common consent. PLANNED USE REPORT FOR GENERAL REVENUE SHARING County Manager Eller presented the Planned Use Report for the General Revenue Sharing for the Chairman's signature, which he stated would be published in the newspaper. He stated that he wanted the Commission to be aware of the fact that the figures did not exactly match the figures in the budget because the exact information had not been avail- able when the budget estimate had been prepared. EXECUTIVE SESSION Comm. Wright moved, seconded by Comm. Hall, that the regular meeting be recessed to go into executive session to discuss committee appointments. Upon vote, motion carried unanimously. Chm. Powell recessed the regular meeting to go into executive session at 5:10 PM. Chm. Powell recessed the executive session to go back into regular session at 5:35 PM. ADJOURNMENT Comm. Vaughan moved, seconded by Comm. Hall, that the meeting be adjourned vote, motion carried unanimously. Chm. Powell adjourned the meeting.at 5:35 PM. Respectfully submitted, ~ ~~ r -L-fse K. Kin g ~ Clerk to the Board k MINUTES OF SPECIAL MEETING, JUNE 24,.1974 Upon ASSEMBLY The New Hanover County Board of Commissioners met in special session on Monday, June 24, 1974, at 4:00 PM in the Assembly Room, County Commission Building, Wilmington, North Carolina, to consider an FAA Grant Agreement Offer, a Norfh Carolina Department of Transportation Grant Agreement Offer, and to reconsider bids on the x-ray film pro- cessor for the new public health building. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powell; County Manager, Dan W. E11er; and C1erk to the Board, Lise K. King. Chm. Powe11 called the meeting to order. DISCUSSION OF X-RAY FILM PROCESSOR FOR NEW PUBLIC HEALTH BUILDING Dr. Joseph C. Knox, Director oY the Health Department, appeared before the Board to request that the Commissioners reconsider their action of June 17, 1974, accepting the alternate bid of the General Electric Company for a Model General Electric 400 x-ray film processor for the new public health building. Comm. Vaughan moved, seconded by Comm. Davis, that the Board accept the alternate bid of the General Electric Company for the General Electric 400 x-ray film processor. Chm. Powell offered the substitute motion, seconded by Comm. Hall, that the General Electric 400 be purchased conditional upon getting an agreement from General Electric for a full trade-in on the Kodak M6A-N if the General Electric 400 proved unsatisfactory after a six-month period. Upon vote, substitute motion was approved as follows: Voting Aye: Comm. Davis, Hall, Wright, and Chm. Powell. Voting Noe: Comm. Vaughan. RESOLUTION AUTHORIZING APPLICATION FOR LOAN CONTRACT AGREEMENT FOR STATE AID TO AIftPORTS Comm. Davis moved the adoption of the following resolution authorizing applicaton for Loan Contract Agreement for State Aid to Airports for the New Hanover County Airport which was read at length to the Board. WHEREAS: 1. The New Hanover County Board of Commissioners, hereinafter called the Sponsor, on behalf of New Hanover County, desires to make a formal application to the North Carolina Department of Transportation, hereinafter called the DOT, for State financial aid for airport development and maintenance. 2. DOT, acting in accordance with the laws of the State of North Carolina, has indicated that it will approve a grant in a maximum amount of $31,925 or in an amount equal to 50 per cent of the non-Federal share of the total cost of the engineering and construction, whichever is less.