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1974-07-01 Regular Meeting6fg MINUTES OF SPECIAL MEETING, JUNE 24, 1974 (CONTINUED) RESOLUTION AUTHORIZING APPLICATION FOR LOAN CONTRACT AGREEMENT FOR STATE AID TO AIRPORTS (CONT.) NOW, THEREFORE, IT IS RESOLVED that the submission by the New Hanover County Board of Commissioners, on behalf of New Hanover County, of an application for the grant of the sum of $31,925, or such lesser amount as may be required, is herewith fully approved. FURTHER RESOLVED that the aforesaid sum, if granted, shall be used for land acqui- sition in clear zones and safety areas; perimeter fencing; taxiway lighting; lighted wind cone; clearing; and for the acquisition of a quick response fire truck. FURTHER RESOLVED that the New Hanover County Board of Commissioners, acting through its Chairman, W. Douglas Powell, and its Clerk, Lise K. King, is authorized to sign and submit aforesaid application, and to sign any contract, paper writings or other instru- ments required by the State of North Carolina in connection with said grant. Comm. Ha11 seconded the motion and the motion was adopted as follo*as: Voting Aye: Comm. Davis, Hall, Vaughan, and Chm. Powell. Voting Noe: Comm. Wright. RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING THE EXECUTION OF GRANT AGREEMENT FOR PROJECT N0. 8-37-0084-01-74 BETWEEN THE UNITED STATES OF AMERICA AND NEW HANOVER COUNTY, NORTH CAROLINA The following Resolution was introduced by Comm. J. M. Hall, Jr., seconded by Comm. Peter R. Davis read in fu11, considered and adopted with Commissioners Davis, Hall, Powe11 and Vaughan voting "Aye" and Commissioner Wright voting "Noe." RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING THE EXECUTION OF GRANT AGREEMENT FOR PROJECT N0. 8-37-0084-01-74 BETWEEN THE UNITED STATES OF AMERICA AND NEW HANOVER COUNTY, NORTH CAROLINA. BE IT RESOLVED, by the Commissioners of New Hanover County, North Carolina: SECTION 1. That said Commissioners hereby authorizes, adopts, approves, accepts and ratifies the execution of Grant Agreement between the Federal Aviation Administration on behalf of the United States of America and New Hanover County, N. C. SECTION 2. That the execution of said Grant Agreement in quadruplicate on behalf of said Commissioners by W. Douglas Powell, Chairman, and the impression of the official seal of the Commissioners and the attestation of said execution by Lise K. King, CLerk to the Board, is hereby authorized, adopted, approved, accepted and ratified. SECTION 3. That the Airport Manager is hereby authorized to execute payment requests under this Grant Agreement on behalf of said New Hanover County, N. C. SECTION 4. That the Grant Agreement referred to hereinabove shall be attached hereto and made a part of this Resolution as though it were fully copied herein. (A copy of the Grant Agreement is contained in Exhibit Book II, Page 15.) TRANSFER OF FUNDS - AIRPORT Upon motion by Comm. Hall, seconded by Comm. Davis, a transfer of $350 from Utilities, Account ~~31 650 13, to Auto Spl., Account ~k31 650 31, was unanimously approved. ADJOURNMENT There being no further business to come before the Board, Chm. Powell adjourned the meeting at 4:25 PM. Respectfully submitted, C~~~~~ ~~ ~Lise K. King Clerk to the Board k MINUTES OF REGULAR MEETING, JULY 1, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, July 1, 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 Manager, Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. Chm. Powell called the meeting to order. Rev. Edward T. Sma11 offered the invocation. MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, JUNE 17, 1974 Comm. Hall stated that on pages 664-665 he concurred with the acti Board on items voted on during his absence. The C1erk to the Board reported that on Page 664 under "Acceptance Film Processor" Comm. Hall should have been recorded as "Absent" rather Noe." Upon motion by Comm. Davis, seconded by Comm. Vaughan, the minutes meeting held on June 17, 1974, were unanimously approved as amended and ~n taken by the of Bid on X-Ray than "Voting of the regular corrected. ANNOUNCEMENT OF THE BICENTENNIAL COMMEMORATION OF THE CALL OF THE CITIZENS OF WILMINGTON AND DISTRICT FOR THE FIRST PROVINCIAL CONGRESS IN NORTH CAROLINA Rev. Walser H. Al1en, Jr., Chairman of the Bicentennial Committee, appeared before the Board dressed in a costume of the coloni:al era, acting as town crier, and introduced the following speakers who issued invitations to the Commissioners, City Council members, and all other citizens of the district to the following events. Mr. William J. 0'Shea of the U. S. Customs'Service issued an irivitation to the dedication of the Customs (Federal) House located on Water Street between Market and Princess Streets to be held on Sunday, July 21, 1974, at 2:30 PM. Mr. Bob Jenkins of the Residents of Old Wilmington issued an invitation to the commemoration of the call for the First Provincial Congress to be held at 6:30 PM on Sunday, July 21, 1974, at the Governor Dudley Mansion, 400 South Front Street. Mr. Nick Evers of the Lower Cape Fear Council of the Arts issued an invitation to attend a one-act play commemorating the call for the First Provincial Congress to be presented on July 19, 20, and 21, 1974, at the Greenfield Park Amphitheatre. AWARD OF CONTRACTS - AIRPORT IMPROVEMENTS Mr. John A. Westbrook, Airport Manager, reported that bids had been received for fencing, taxiway lighting, and a quick response fire truck for the New Hanover County Airport. He presented the following tabulations of the bids. FencinQ Parks Enterprises, Inc., Monroe, N. C. $135,221.00 ,Tames F. Powell, Jr. 158,960.00 Taxiway LiQhting Eleco, Inc., New Bern, N. C. $ 55,602.00 Rockwell Radio & Electric Co., Rockwell, N. C. 64,907.00 Cape Fear Electric Co., Inc., Wilmington, N. C. 73,459.00 C& K Utility Service, Inc., Vidalia, Ga. 78,127.93 Quick Response Fire Truck Fire Control Engineering Co., Fort Worth, Tex. $ 21,906.00 Mr. Westbrook stated that the Airport Commission recommended that the contracts be awarded to the low bidders and that the Chairman of the County Commissioners be authorized to execute the contracts. He stated that the low bidder on the taxiway lighting, Eleco, had requested that they be allowed to withdraw their bid without for- feiting their bid bond; but that he, County Attorney Fox, and County Manager Eller recommended that the contract be awarded to Eleco and that, if they refused to honor the bid, the bid bond be forfeited and the contract awarded to the next low bidder, Rockwell Radio & Electric Company. Upon motion by Comm. Vaughan, seconded by Comm. Hall, the contract for the Airport Fencing was unanimously awarded to Parks Enterprises, Inc. Comm. Hall moved, seconded~by Comm. Wright, that the contract for the Taxiway Lighting be awarded to Eleco, Inc:, and that, if they refused to honor their bid, the bid bond be forfeited and the contract awarded to the next low bidder, Rockwell Radio & Electric Co. Upon vote, motion carried unanimously. Comm. Wright moved, seconded by Comm. Hall, that the contract for the Quick Response Fire Truck be awarded to Fire Control Engineering Co. conditional upon the contract being received in proper order. Upon vote, motion carried unanimously. PUBLIC HEARING The Clerk to the Board reported to the Board of Commissioners that notice of a public hearing had been published in the Wilmington Morning Star on June 16 and 23, 1974, with notice that the Board of Commissioners would hold a public hearing on Monday, July 1, 1974, at 9:30 '9M with regard to the following appeal from the recommendation of the Planning Commission; and notice had been published in the Wilmington Morning Star on June 9 and 16, 1974, of a public hearing to be held at 9:30 AM on Monday, July 1, 1974, with regard to the following rezoning request; applications for Special Use Permit; proposed amendments to the Subdivision Regulations of the County of New Hanover, North Carolina; proposed zoning plan for Wrightsboro Area; and proposed zoning plan for Figure Eight Island. Chm. Powell opened the public hearing to discussion. MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) PUBLIC HEARING '1'U UUNSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO 12EZONE PROPERTY LOCATED 1,280 FEET SOUTH OF THE INTERSECTION OF BRAGG DRIVE AND SOUTH COLLEGE ROAD (N. C. HWY. 132) FROM R-15 (SINGLE FAMILY DISTRICT) TO B-1 (BUSINESS DISTftICT) IN MASONBORO ZONING AREA. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of June 5, 1974, and had recommended that it be denied. He stated that the Planning Staff had also recommended denial because they felt, for the purpose of neighborhood facilties which was the B-1 Business Zone, there was already more than adequate B-1 zoned land (18 acres) immediately adjacent to that property which was being petitioned for rezoning and, also, because shopping center facilities were already developed approximately one mile north of the proposed B-1 zone which served beyond the immediate neighborhood level. Mr. Louis A. Burney, Attorney at Law, appeared before the Board representing the Petitioners. Mr. Alex Trask, one of the Petitioners, appeared before the Board and stated that the reason for the additional request to the existing 18 acre tract was so that more open space could be incorporated in the center. Mr. Albert Killingsworth, an interested citizen, spoke in favor of the request. Chm. Powe11 asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Comm. Vaughan moved, seconded by Comm. Wright, that this request be denied as recommended by the Planning Commission. Comm. Davis offered the substitute motion, seconded by Comm. Hall, that this request be approved and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of the Masonboro Zoning Area of New Hanover County, North Carolina, Adopted October 15, 1969" be adopted. Upon vote, substitute motion was approved as follows: Voting Aye: Comm. Davis, Hall and Chm. Powell. Voting Noe: Comm. Vaughan and Wright. A copy of the ordinance, signed by the Commissioners, is contained in Zoning Ordinance Book I, Masonboro Section, Page 8 . PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY (173 ACRES) LOCATED APPROx1MA'T'~iY b,uUU ra~r SOUTHEAST OF THE INTERSECTION OF S.R. 1002 AND BLUE CLAY ROAD FROM I-2 (INDUSTRIAL DISTRICTI TO R-15 (SINGLE FAMILY DISTRICT) IN ZONING AREA ~k$A. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of June 5, 1974, and had recommended that this 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 Chm. Powell, that this request be approved and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area ~~8A of New Hanover County, North Carolina, Adopted June 18, 1972" be adopted. Upon vote, motion carried unanimously. A copy of the ordinance, signed by the Commissioners, is contained in Zoning Ordinance Book I, Section 8A, Page 6 . PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE SOUTH SIDE OF MIDDLE SOUND LOOP ROAD (S.R. 1403) JUST SOUTH OF NORTH HILLS DRIVE FOR A CONVEivin~vCE FOOD STURE IN 'LONING AREA ~p3. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of June 5, 1974, and had recommended that this Special Use Permit be issued based on the following conditions. 1) Plans as submitted with the application for special use permit; 2) That dispensing of gasoline be contingent upon approval of an ordinance amendment to this effect to be considered by the Board of County Commissioners at their June 17th meeting; 3) That driveway ~~2 be located 120 feet from driveway ~kl; and, 4) That buffering be installed along all property lines except along Middle Sound Loop Road as specified in Section 72-5 (7) of the County Zoning Ordinance. The following persons appeared before the Board in opposition to this request: Mrs. Judy Smith, a resident of the neighborhood; Mrs. Lila Peterson, owner of the adjacent property, and her son, Mr. Bill Peterson. ~~~ MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY LOCtiinli uiv ix~ ~UU'rn 5illn Ur MiDDLE SOUND LOOP ROAD (S.R. 1403) JUST SOUTH OF NORTH HILLS DRIVE FOR A CONVENIENCE FOOD STORE IN ZONING AREA q~3 (CONTINUED) The following persons appeared before the Board in favor of this request: Mr. Julian Burnett, agent for the buyer; Mr. Paul Gregory, one of the owners of the property; and Mr. Jerry Ali, representing Zip Mart. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the puhlic health or safety if located where proposed and developed according to the plan as submitted and approved; (b) Chat 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. Vaughan moved, seconded by Chm. Powell, that this special use permit be issued based on the following conditions. 1) Plans as submitted with the application for special use permit and amended by the New Hanover County Board of Commissioners; 2) That dispensing of gasoline be contingent upon approval of an ordinance amendment to this effect to be considered by the Board of County Commissioners at their June 17th meeting; 3) That driveway ~p2 be located 120 feet from driveway ~pl as indicated on the site plan; 4) That buffering be installed along all property lines except along Middle Sound Loop Road as specified in Section 72-5 (7) of the County'Zoning Ordinance and indicated on the plan as submitted and amended; 5) That a planted buffer strip with a minimum depth of 25 feet be provided along the property fronting on Middle Sound Loop Road (S.R. 1403), such planted buffer to be designed to provide minimum sight distance requirements at the points of access off Middle Sound Loop Road; and, 6) Provided that the setback requirements, required parking spaces, and other dimensional requirements can be met with the inclusion of a 25 foot buffer along the property fronting on Middle Sound Loop Road. Upon vote, motion was approved as follows: Voting Aye: Comm. Vaughan, Wright, and Chm. Powell. Voting Noe: Comm. Davis and Hall. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY LOCATED AT THE NORTHWEST INTERSECTION OF MASONBORO LOOP ROAD AND GOLDEN ROAD FOR A CONVENIENCE FOOD STORE IN ZONING AREA ~k4. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of June 5, 1974 and had recommended tt-~at this Special Use Permit be issuecl based on the following conditions. 1) Plans as submitted with the application for special use permit; 2) That dispensing of gasoline be contingent upon approval of an ordinance amend- ment to this effect to be considered by the Board of County Commissioners at their June 17th meeting; 3) That buffering be installed in the areas shown on the plan according to Section 72-5 (7) of the County Zoning Ordinance; 4) That driveways 2 and 3 be deleted and that one driveway be installed midway between them; and, 5) That the gas pumps be relocated diagonally as shown on the plan to minimize possible problems of cars backing into them from parking spaces 5 and 6, and to facilitate traffic movement. Mr. Jerry A1i appeared before the Board representing Zip Mart. Comm. Vaughan asked Mr. Ali if they would landscape the front of the property, and Mr. Ali stated that it would be included in the plans that shrubbery would be planted across the front of the property. Chm. Powell asked if there were anyone present to oppose the issuance of this special use permit; and no one spoke in opposition. After the Commission had considered the following four items 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 general conformity with the plan of development for New Hanover County, Chm..Powell moved, seconded by Comm. Wright, that this special use permit be issued based on the same conditions as recommended by the Planning Commission. 6&~ ~INUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY LOCATED AT THE NORTHWEST INTERSECTION OF MASONBORO LOOP ROAD AND GOLDEN ROAD FOR A CONVENIENCE FOOD STORE IN ZONING AREA ~p4 (CONTINUED) Upon vote, motion to approve the issuance ot this special use permit based on the same conditions as recommended by the Planning Commission carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Voting Noe: Comm. Hall. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE WEST SIDE OF SOUTH COLLEGE ROAD (N.C. HWY. 132) APPROXIMATELY 2,400 FEET SOUTH OF BRAGG DRIVE FOR A SCHOOL ADDITION IN THE MASONBORO ZONING AREA. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of June 5, 1974, and had recommended that this special use permit be issued based on the plans submitted with the application for special use permit. Chm. Powell asked if there were anyone present to oppose the issuance of this spceial 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. Vaughan moved, seconded by Comm. Davis, that this special use permit be issued based on the same condition as recommended by the Planning Commission. Upon vote, motion carried unanimously, PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE SUBDIVISION REGULATIONS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA. Planning Director Richard A. Fender presented three proposed amendments to the Subdivision Regulations of the County of New Hanover, North Carolina, which the Planning Commission had heard at their meeting of Sune 5, 1974, and recommended approval. Mr. Howard Loughlin appeared before the Board to request that the Coumiissioners appoint a committee composed of such persons as title attorneys, surveyors, and the Register of Deeds, to study the proposed amendments prior to their adoption. The following persons also appeared before the Board in opposition to the amend- mends as presented and requested the citizens committee to study these amendments: Mr. Bill Huffine, Mr. Dayid Loughlin and Mr. Paul Gregory. Comm. Vaughan moved, seconded by Comm. Ha11, that the amendments as presented be adopted. Comm. Davis offered the substitute motion, seconded by Comm, Wright, that Chairman Powell appoint a citizens committee composed of seven members to study the proposed amendments and report back to the Board at their meeting of August 19, 1974, and that action on this item be deferred until that time. Upon vote, substitute motion was approved as follows: Voting Aye: Comm. Davis, Wright, and Chm. Powell. Voting Noe: Comm. Ha11 and Vaughan. PUBLIC HEARING TO CONSIDER THE PROPOSED ZONING PLAN FOR WRIGHTSBORO AREA - ZONING AREA ~k10A. Planning Director Richard A. Fender presented a proposed zoning map for Wrightsboro Area, Zoning Area ~k10A, which he stated had been approved by the Planning Commission at their meeting of June 5, 1974. The following persons appeared before the Board in favor of Mr. William 0. J. Lynch, Attorney at Law, representing Mr. CharL Mrs. Gertrude van Luyn; Mr. Coy E. Brewer, Jr., Attorney at Law, Oil Company; Mr. J, T. Morley; Mr. Earl Smith, who stated he was with the exceptions noted in Mr. Fender's letter of June 28; Mr. Attorney at Law; and Mr. Andrew Ritter. the proposed zoning. ~s King of Holland Drive; representing Fountain in favor of the zoning Wallace C. Murchison, The following persons appeared before the Board in opposition to the zoning as proposed. Mr. Robert Butler of Wallace, North Carolina; Mr. Richard Stanely, Attorney at Law, representing residents on Theresa Drive; Mr. Alton Y. Lennon, Attorney at Law, representing Mr. James K. Buckwalter, President of Marpac Corporation; Mr. Gilbert Hale; and Mr. Charles Wolfe. Comm. Vaughan moved, seconded by.CUmm, Hall, that the proposed Zoning Area ~k10A as presented from the Planning Commission to the Board of Commissioners be adopted with the amendment that the property of the Marpac Corporation as shown on the map entitled "Plot & Expansion Plan" be zoned I-2 to a depth of 500 feet north of the northern line of the Blue"C1ay Road with the further direction that the Planning Com- ~4~.? MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER THE PROPOSED ZONING PLAN FOR WRIGHTSBORO AREA - ZONING AREA ~k10A. (COivilivUED) mission consider as soon as possible those particular problems mentioned in Planning Director Fender's letter of June 28, 1974, in Section II thereof as follows: -,~.._.,".~,._ 1) The area just south of Arlington Road where two houses are being used for commercial operations and the service station next to them; 2) 'The area along Blue Clay Road north of N. Kerr Avenue which is now being used by Marpac Corporation and Toledo Scales; 3) Property located behind the Cape Fear Shopping Center and Trask homeplace which fronts on Blue Clay Road to be considered for industrial zoning; 4) Area between Teresa Drive and Long Leaf Drive to be considered for R-15 as opposed to ft-20 zoning as now proposed; and 5) Area north of Gladiolus Road to boundary of proposed Zoning Area 10-A to be considered for R-15 zoning as opposed to R-20 as now proposed. and in addition to these particular problems, Walnut Hills Subdivision; and that the Planning Staff be directed to prosecute these matters at their earliest possible con- venience; and further that the ordinance entitled "An Ordinance of the County of New Hanover Establishing the Zoning Map of Zoning Area ~~10A of New Hanover County, North Carolina" be adopted. (A copy of this ordinance is contained in Zoning Ordinance Book I, Section 10A, Page 1.) Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Vaughan, and Chm. Powe11. Voting Noe: Comm. Wright. The map entitled "Plot & Expansion P1an" is contained in Exhibit Book II, Page 16. The official map for Zoning Area ~~10A, as adopted, is contained in Exhibit Book II, Page 17. PUBLIC HEARING TO CONSIDER THE PROPOSED ZONING PLAN FOR FIGURE EIGHT ISLAND - ZONING AREA ~p5 Planning Director Richard A. Fender presented a proposed zoning map for Figure Eight Island, an amendment to Zoning Area ~~5, which he stated had been approved by the Planning Commission at their meeting of June 5, 1974. The following persons appeared before the Board in favor of the proposed zoning. Mr. David Oliver; Mr. John R. Newton, Attorney at Law, representing the property owners on a volunteer basis; Mr. Paul Foster; Mrs. Barbara Gold; and Mrs. Horace King. The following persons zoning. Mr. William 0. J. Company; Mr. Don Parmeter, Mr. George Sloan, Jr.; Mr. of Venture Management, the "clubhouse area." appeared before the Board in opposition to the proposed Lynch, Attorney at Law, representing Figure Eight Island General Manager of the Figure Eight Island Company; Albert Killingsworth; Mr. Blair White; and Mr. Frank Martin organization working with Figure Eight Island Company on the Comm. Vaughan moved, seconded by Comm. Wright, that the proposed amendment to Zoning Area ~k5, as presented from the Planning Commission to the Board of Commissioners, be approved with direction to the Building Inspector to give approval to those lots presently platted at 16,000 square feet unless there were other extenuating circumstances and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area ~~5" be adopted. (A copy of this ordinance is contained in Zoning Ordinance Book I, Section 5, Page 4.) Upon vote, motion carried unanimously. Chm. Powell closed the public hearing to discussion. LUNCH RECESS Chm. Powell recessed the meeting for lunch from 2-3 PM. DISCUSSION OF DOWNTOWN FEDERAL GOVERNMENT BUILDINGS Comm. Vaughan requested that the Chairman be authorized to contact the General Services Administration with regard to the flight of government offices from downtown Wilmington to try to determine what could be done to reverse this trend: This was agreed to by common consent. CERTIFICATION OF ROSTER FOR OGDEN VOLUNTEER FIRE DEPARTMENT Upon motion by Comm. Davis, seconded by Comm. Ha11, the roster submitted by Chief Marion Covil of the Ogden Volunteer Fire Department was unanimously certified by the Board. ~ ~ 6 P~ MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED) TRANSFERS OF FUNDS - SOCIAL SERVICES Upon motion by Comm. Wright, seconded by Comm. Hall, the following transfers of funds for the Social Services Department in the 1973-1974 budget were unanimously approved by the Board. 1) Transfer from the Aid to Disabled Account (41-612-19) to Aid for the Aged (41-611-19) $1,752 and to the Medical Assistance Fund (41-615-19) $10,000. 2) Transfer from the Aid to the Blind Fund (41-614-19) to the State/County General Assistance Fund (41-619-19) $7,000. 3) Transfer from the County Assistance Fund (41-617-19) to Auto Allowance (11-610-14) $3,000. ABATEMENTS AND REFUNDS Upon motion by Comm. Hall, seconded by Comm. Davis, the requests for abatements and refunds.-contained in Tax Administrator Larry J. Powe11's memorandum dated, June 25, 1974, were unanimously approved. This memorandum is contained in Exhibit Book II, Page 18. REPORT ON COLE=LAYER-TRUMBLE COMPANY County Manager Eller reported that he had talked with Mr. Quentin Fine of the Co1e-Layer-Trumble Company regarding the monthly report to be sutmitted to the County on the progress being made but that he had not heard from the man who was to pre- pare and submit the report. DISCUSSION OF ORDINANCE PROHIBITING VEHICLES ON THE BEACH STRAND County Manager Eller stated that, when the County Commissioners had adopted the ordinance that prohibited vehicles between the right-of-way of U. S. 421 and the ocean in the southern part of the County, the ordinance, as adopted, had applied only to that portion of the County between the southern corporate.limits of Kure Beach and the monument at Fort Fisher. He stated that a question had arisen as to whether the intent of this ordinance was to also cover the unincorporated area of the County between the southern corporate limits of Carolina Beach and the northern corporate limits of Kure Beach. He stated that, if it were the intent of the County Commissioners that the ordinance apply to this area, the ordinance should be amended. After a brief discussion, it was decided that the intent had not been to include the area in question but that, if the residents of this area wished to be included in the ordinance, they should appear before the Board to request inclusion. INTENT TO APPROPRIATE $46,000 OF THE SCHOOLS CAPITAL RESERVE FUND FOR THE ADMINISTRATION BUILDING Dr. Heyward C. Bellamy, Superintendent of County Schools, appeared before the Board along with Board of Education members Vera Shands, Paula Williams, LaMar Mciver, and Dr. John B. Codington, Chairman of the Board of Education, to report that the bids on the Administration Building for the County Schools had been received and had exceeded the architect's estimate by $46,000. They requested that the Board of Commissioners approve encumbering $46,000 from the Schools Capital Reserve Fund to allow them to accept the bids as they had been submitted. By common consent, the Board of Education was advised that the $46,000 would be authorized for the Administration Building upon the adoption of the 1974-1975 budget or an interim budget.from the Schools Capital Reserve Fund. EXECUTIVE SESSION Comm. Wright moved, seconded by Comm. Hall, that the meeting be recessed to go into executive session to discuss land acquisition with the Board of Education. Upon vote, motion carried unanimously. Chm. Powell recessed the regular meeting to go into executive session at 3:20 PM. Chm. Powell recessed the executive session to go back into the regular session at 4:00 PM. DATE FOR MEETING WITH BOARD OF EDUCATION ON RECREATION PLANS County Manager Eller reported that'Mr. Charles Stott, who was preparing site plans for three school areas for future recreational development, had indicated that the plans would be ready for presentation to the County Commissioners and the Board of Education on July 15. County Manager Eller requested that the Commissioners set a date for a special meeting with the Board of Education and Mr. Stott to review the plans. By common consent, this meeting was set on July 15, 1974, the date of the regularly scheduled meeting, at 2:00 PM. ADOPTION OF "AN ORDINANCE REQUIRING LICENSI[VG AND CONTROL OF DOGS IN NEW HANOVER COUNTY" County Attorney Fox had prepared a revised ordinance entitled "An Ordinance Requiring Licensing and Control of Dogs in New Hanover County," which had been sub- mitted to the County Commissioners for action by them. Mr. Charles E. Rice, III, Attorney at Law, appeared before the Board representing a group of citizens who had originally appeared before the Board and requested such an ordinance. Mr. Bill Huffine appeared before the Board representing the kennel club owners and show dog owners. ~~~ MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED) ADOPTION OF "AN ORDINANCE REQUIRING LICENSING AND CONTROL OF DOGS IN NEW HANOVER COUNTY" (CONTINUED) Comm. Davis requested that on Page 'L of the revised ordinance that paragraph one be changed to read as follows: "Such badge or tag so issued, together with a valid rabies tag, during the period for which such license is issued, shall be securely attached to a collar or harness to be worn by such dog or retained by the owner" instead of "Such badge or tag so issued, together with a valid rabies tag, during the period for which such license is issued, shall be securely attached to a collar or harness to be worn by such dog at all times." This change was agreed to by common consent. Comm. Davis moved, seconded by Chm. Powell, that the kennel fee be $15 per year rather than computed at the rate of $1.50 per dog as proposed in the revised ordinance. Comm. Vaughan offered the substitute motion that the kennel fee be $20 per year. Subsitute.motion died for lack of a second. Upon vote, motion to set the kennel fee at $15 per year was approved as follows: Voting Aye: Comm. Davis, Wright, and Chm. Powell. Voting Noe: Comm. Hall and Vaughan. Comm. Vaughan moved that the revised ordinance as submitted by County Attorney~Fox be approved. Motion died for lack of a second. Comm. Davis requested that on page 2, Section 4, Impounding Generally, the first sentence be amended to read as follows: "Any dog running at large shall be impounded'.' rather than "Any dog running at large sha11 be impounded, and any dog running at large without a collar or harness with tags attached thereto as provided in Section 3, may be immediately destroyed." This change was agreed to by common consent. Comm. DAvis requested that in Section 4, Impounding Generally, that the impoundment period be changed from seventy-two hours to seven days. This change was agreed to by common consent. By common consent, Section 10, Removal of Collar, Harness, and/or Tags or Defacing of Same, was amended to read as follows: "No person other than the owner or his agent sha11 remove the collar, harness and/or tags from any dog nor shall any person alter or deface the same or use same for any unlicensed animal.' instead of "No person shall unlawfully remove the collar, harness and/or tags provided in Section 3 from any dog nor sha11 any person alter or deface the same or use same for any unlicensed animal." Chm. Powell moved that Section 13, Violations, be approved as submitted by County Attorney Fox. Motion died for lack of a second. Comm. Davis moved, seconded by Comm. Hall, that Section 13, Violations, be struck in its entirety from the ordinance.- Comm. Vaughan offered the substitute motion, seconded by Chm. Powell, that Section 13, Violations, be approved as submitted. Upon vote; substitute motion was approved as follows: Voting Aye: Comm. Vaughan, Wright, and Chm. Powell. Votign Noe: Comm. Davis and Hall. By common consent, the first sentence in Section 11, Dogs which may be Destroyed - Entry on Premises in Quest of Rabid Dog, was amended to read as follows: "A11 dogs affected with hydrophobia sha11 be destroyed, and any dog which has attacked and/or bitten or otherwise injured any person and/or livestock or any other animal may be riestroyed as provided herein" which added "as provided herein" to this sentence. Comm. Davis moved that the Board reconsider Section 13, Violations, and try the ordinance without any civil or criminal penalty to see what affect it would have on the ordinance. Motion died for lack of a second. By common consent, in Section 4, Impounding Generally, the second sentence was amended as follows: "...unless redeemed within such period by the owner or keeper upon payment or arrangement for payment, satisfactory to the dog warden, of fine and/or pound fees as set forth in this ordinance" adding "or arrangement for payment, satis- factory to the dog warden," to this sentence. By common consent, it was agreed that the effective date of the ordinance would be February 1, 1975. Comm. Vaughan moved, seconded by Comm. Wright, that the revised ordinance sub- mitted by County Attorney Fox entitled "An Ordinance Requiring Licensing and Control of Dogs in New Hanover County" as.amended by the Board of Commissioners be adopted. Comm. Davis stated for the record that, with the civil and criminal penalty left in the ordinance, it was an act against the less affluent who would not be able to redeem dogs and most of these dogs would be mongrels aud pets of children. MINUTES OF REGULAR MEETING, JULY l, 1974 CONTINUED) ADOPTION OF "AN ORDINANCE REQUIRING LICENSING AND CONTROL OF DOGS IN NEW HANOVER COUNTY" (CONTINUED) Upon vote, motion to adopt the ordinance as amended was approved as follows: Voting Aye: Comm. Vaughan, Wright, and Chm. Powell. Voting Noe: Comm. Davis, and Hall. County Attorney Fox stated that, since the ordinance had not been adopted by unanimity, this would have to be considered again by the Commissioners at their next regular scheduled meeting of July 15. ADOPTION OF NEW HANOVER COUNTY EROSION AND SEDIMENTATION ORDINANCE Mr. Herbert Y. McK3m, Chairman oz tne nnvirunmenta Impact Ordinance Committee, appeared before the Board to discuss the New Hanover County Erosion and Sedimentation Ordinance with modifications of and as approved by the North Carolina Sedimentation Control Commission on Wednesday, June 5, 1974. Mr. McKim stated that the Environmental Impact Ordinance Committee had met on Thursday, June 29, 1974, to discuss the modifications made by the North Carolina Sedimentation Control Commission. He stated that there were ten of their fourteen members present and that they had recommended unanimously that the ordinance, as modified by the State, be adopted. Upon motion by Comm. Vaughan, seconded by Comm. Hall, the New Hanover County Erosion and Sedimentation Ordinance was unanimously adopted as modified by the North Carolina Sedimentation Control Commission on Wednesday, June 5, 1974, with an effective date of July 1, 1974. A copy of the ordinance, as adopted, is contained in the New Hanover County Ordinance Book contained in the office of the Clerk to the Board. ADOPTION OF INTERIM BUDGET Comm. Ha11 moved that the Board of Commissioners appropriate in the 1974-1975 budget an additional $110,808 to Account ~~51 660 08, Pensions, in the Public Schools budget to more adequately fund the school pension system; and that the tax rate be adopted at 79C. Motion died for lack of a second. Comm. Vaughan moved, seconded by Comm. Wright, that the Board of Commissioners delete from the 1974-1975 budget as proposed the following: $293,000 for purchase of land; $40,000 for advertising by the Chamber of Commerce; $36,000 for beach berms; $35,000 from the Museum budget; $18,000 from life guards; and set the tax rate at 74~, two cents lower than 1973-1974. Upon vote, motion was defeated as follows: Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm. Davis, Hall and Chm. Powell. County Attorney Fox stated that he agreed with County Manager Eller's interpre- tation of North Carolina General Statute 153A-93(b) which stated "No county may make payments into a retirement system or plan established by a local act unless the system or plan is certified to be actuarially sound by a qualified actuary..." in that the County could not legally appropriate any funds for the school pension system until the study of the system had been completed and the fund had been declared actuarially sound. Comm. Hall moved, seconded by Chm. Powell, that a new appropriation of $110,808 be placed in Contingencies, Account ~kll 445 00, and that the tax rate be set at 79C with the understanding that from this Contingency fund, when and if the actuarial study had been received and it had been deemed necessary to put additional funds in the Pension System, that this portion of the Contingency fund would be used for this purpose. Comm. Wright offered the substitute motion, seconded by Comm. Vaughan, that the Board delete from the budget the $293,935 for land, which would reduce the tax rate by 3~, because this could be put on a bond issue. Upon vote, substitute motion was defeated as follows: Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm. Davis, Ha11 and Chm. Powell. Comm. Ha11 withdrew his original motion; Chm. Powell withdrew his second. Comm. Hall moved, seconded by Chm. Powell, that the General Contingency fund be placed in the budget at $427,760; and that the tax rate be set at 79G; and that Account ~~51 660 00, Pensions, in the amount of $116,880 be deleted from the budget at this time. Chm. Powell asked County Attorney Fox if this were the only way the matter of,the school pensions could be handled legally; and County Attorney Fox stated that, in his opinion, it was. Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that the teachers' pensions be left right Ghere they were subject to changes when the certified actuarial plan had been obtained or further legal study had determined that it could not be left there. 6~~ MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED) ADOPTION OF INTERIM BUDGET (CONTINUED) Upon vote, substitute motion was approved as follows: Voting Aye: Comm. Davis, Vaughan, and Wright. Voting Noe: Comm. Hall and Chm. Powell. Comm. Davis moved, seconded by Comm. Vaughan, that the teachers be paid their pension from the Teachers Pension Fund this year as it had been done in the past. Upon vote, motion carried unanimously. County Attorney Fox stated that, in his opinion, North Carolina General S.tatute 153A-93(b) precluded the payment of retirement benefits under the teachers' pension plan until the actuary certification had been received. Comm. Wright moved, seconded by Comm. Vaughan, that the Board adopt an ordinance entitled "Interim Budget Ordinance for the Fiscal Year beginning July 1, 1974." Comm. Hall offered the substitute motion.that a budget be adopted which included a change in the Contingency fund, Account ~~11 445 00, from $200,000 to $310,808 and that a tax rate of 79~ be adopted. Substitute motion died for lack of a second. Upon vote, Comm. Wright's motion to adopt an interim budget was approved as follows: Voting Aye: Comm. Vaughan, Wright, and Chm. Powell. Voting Noe: Comm. Davis and Hall. The Interim Budget Ordinance, as adopted and signed, is contained in Exhibit Book II, Page 19. WITHDRAWAL OF SUPPORT FOR NEIGHBORHOOD DISTRICTS Comm. Vaughan stated that he wished to withdraw his support of Comm. Davis' request for a study to be made of neighborhood districts in the County. REAPPOINTMENT OF COMM. HALL TO THE AREA MENTAL HEALTH BOARD Comm. Hall stated that he felt the Board should appoint another representative to the Area Mental Health Board. Comm. Wright moved, seconded by Comm. Vaughan, that Comm. Hall remain as the Board's representative on the Area Mental Health Board. Upon vote, motion carried unanimously. EXECUTIVE SESSION Comm. Wright moved, seconded by Comm. Davis, that the Chairman recess the regular meeting 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 5:55 PM. Chm. Powell recessed the executive session to go into regular session at 6:05 PM. ADJOURNMENT Comm. Davis moved, seconded by Chm. Powell, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 6:05 PM. Respectfully submitted, C~`~ `~ ~'~ Lise K. King Clerk to the Board k