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1970-12-07 Regular MeetingMINUTES OF THE MEETING - NOVEMBER 16. 1970 - CONTINUED - CHANGE OF NAME OF WATER SEWER AUTHORITY - CONTINUED - and Mr. Bowden said he believed the City Council has already taken action on the change. Nr. Bowden said Mr. Fox said there is nothing that would prevent this Boa'rd from authorizing this action. Mr. Harriss moved, seconded by Mr. Williams that the Board of Commissioners authorize the change. Motion carried unanimously. TRANSFER OF FUNDS - Mr. Bowden presented Certification by an Auditor that the Wilmington Athletic Association had a deficit and is requesting the $1500 the Board had agreed to furnish them if this hap- pened. Mr. Shepard recommended this come from the;g:eneral Contingency Fund. Mr. Harriss moved, seconded by Mr. Williams, that the appropriation be made, funds coming from the general Contingency Fund. Motion carried unanimously. STATEMENT OF OUTSIDE AUDITOR - Mr. Borrden advised the Commissioners the County is in receipt of statement from Mr. W. C. Barfield for auditing County's Books. It" has been approved by Mr. R. Fyles, Director of Lo- cal Government. Statement is considerably in excess of the amount appropriated. Mr. Bar- field's letter• states cause of the overage and is requesting payment that has been 2pproved by the Local Government Commission. Aiter discussion, Mr. Marks moved, seconded by Mr. Harriss, that action be deferred and copy of. Mr. Barfield's letter be furnished each Commissioner for study. Motion carried unan- imously. TIP1E OF DECEMBER '7~ 1970 MEETING - Discussion was held as to whether to sched.ule meeting for 10:3o a. r,. on December `], 19']0 since swearing in of new Commissioners o~ill be held at 10:00 A. M. Mr. Harriss moved, seconded by Mr. Marks, that meeting be scheduled at regular time, 9:00 A. M., recess, reconvene after swearing in and action taken prior to swearing in be ratified after Commissioners are sworn in. Motion carried unanimously. ADJOURNMENT - There being no further business to come before the Board, Mr. Harriss moved., seconded by Mr. Marks, that tne meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Sava~e Clerk to the Board P'iINUTES OF THE MEETING - DECEMBER ~, 1970 - 9:00 A. M. - ASSENiBLY - The regular semi-monthly meeting of the New Hanover County Board of Commissioners was held on the above date and time in the Commission Building with the following present: Vice-Chairman Neares Harriss, Jr., Commissioners J. ~. Hall, Jr., H. A. Plarks, Berry A. Williams; John R. Oxenfeld; County-Attorney James C. Fox; County Auditor Perry ,Shepard; County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board. , INVOCATION - Vice-Chairman Harriss called the meeting to order and in the absence of the scheduled. min- ister asked. Mr. Marlis to give the invocation. APPROVAL OF MINUTES - Prior to the meeting the iollowing corrections to the minutes of November 16th were pointed out: On Page 8 spelling of last word in third paragraph should be"disproportionately". Third sentence of fourth paragraph should read: '"... and it did not take place.in just the last year ....." ' First sentence of £ifth paragraph should read: "Mr. Williams suggested the County Admin- istrator be directed ...." 549 Mr. Harriss requested the following correction: On Page 8 first sentence should read: "Harbor House has worked with the high schools in oceanographic programs". Following these corrections, Mr. Williams moued, seconded by Mr.. Marks, that the minutes be approved as corrected. Motion carried unanimously. 2AX COLLECTOR'S REPORT - Mr. Yerry Shepard distributed the Tax Collector's report for him because Mr. Johnson was in the hospital. Taxes shown on books amounted to Sb5,216,888.21. Collections through November amounted to ~2,430,51'7.73, leaving total due ~2,']86,3']0.48. Back taxes collected during month of November amount to $8,545.']4 bringing total collected to $55,314.81 leaving balance uncollected ~6365,~97.62. Delinqizent personal property taxes collected. in November amounted to $`]2.90 bringin~ total col- lected to date to $1'7,333.72. By common consent Mr. Johnson's report was accepted. ~ 55U MIPNTES OF THE MEETING - DECEMBER 7, 1g70 - CONTINUED - PROGRESS REPORT ON ESTUARY PILOT DEMONSTRATION BY MR. BOWDEPT - Mr: Booaden advised the Coastal Zone Resources Corporation has been ccntracted. by the North Carolina Department of Conservation to do estuary study which the Board of Commissioners approved back in October. Mr. Bowden advised he had meeting with them last taeek and they are beginning a comprehensive study. Mr. David A. Ad.ams is President of the Corporation. Mr. James M. Hudgens is Consultant. They are receiving inputs from the Planning Department, Corps of Engineers and various State and Federal agencies. They are packaging a lot of information and have invited the Commissioners to stop by their office to become acquainted with the study as it progresses. Their office is located at 40C9 Oleander Drive. PROGRESS P,EPORT ON SECOND I~ANDFILL BY MR. BOWDEN - Mr. Bowden advised work is progressing slovrly; there is q_uite a bit of preparation; cost of how it is going to be operated is Sor the Board's consideration. I3e advised he and Mr. Cran- ford attended. a meeting of the Department of Local Affairs in Fayetteville on November 19th. Landfill operations was one of the subjects d.iscussed. On the panel they had a,private con- tractor from Cumberland County. He was here last week in order to discuss their operations and hoVr they achieve it at a mininum cost to the County. Cumberland has £ound it cheaper for the County and more efficient for the public to franchise the collectors. When they are £ranchised they are required to go into ancl serve an area. Right now there is a lot of overlapping in New Hanover Count3r and if the route is lucrative and fairly dense, you might have two or three con- tractors picking up on it. If it is sparsley populated, there is no one required to go in. This also contributes to the unauthorized dumps. Mr. Bowden pointed this out because as the County • gets into multiple landfill operations the cost will begin to escalate unless some method. is worked out with the contractors, the haulers, to help bear this cost. I'ranchising is one of the h~ays to consider it. The only thin~ Cumberland. County does is to secure the sites. There are two major haulers in Cumberland who split the County agreeably between~the two. Furnishin~ the heavy eo.uipment and operation of the site is handled by the contractors. All complaint calls are an- swered b~ the contractor, his vehicles are radio dispatched and he contracts with an earth mover to handle fill operation. People of the County are allowed to haul free just as long as they haul only for themselves. Mr. Bowden informed the Board he plans to pursue the study and will make recommendations soon. Nr. Harriss pointed out that there are several places on the road where large objects such as refrigerators have been dumped and he asked orhat the possibility is of getting these objects moved. Mr. Harriss pointed out possibility of~b~hers being attracted where trash is being put. Mr. Bowden advised th~ Health Department oaas oursuing this vigorously several months ago. The companies were advised it is the owners! responsibility to keep their land cleared. and up to citizens to get behind it and take whatever legal action is required to stop~iiumping. Mr. Bowden pointed out trash in Cumberland County is segregated; namel5* old refrigerators put in one place,~tires in another, etc. ~r. Bowden said he believed it was ~oing to end up as a policy on how the Board wants to operate; whether the Board ~aants to consider the franchising of haulers or whether it oaants to ccntinue as it is. Mr. Bowden said he would be prepared to make recommendation shortly, but iS he had to re- commend today, he would recommend the Board seriously consider franchisin~. PI20GRESS REPORT ON TURNKF.E:1' III PPOGRAM BY MR. BOWDEN - Mr. Bowden advised Mr. Durwood Baggett, Extension Chairman, is going to use Mrs. Rebecca Hall as the Turnkey III Specialist in helping to set up housekeepin~ and aiding the people that are ~oing to be occupying these new homes. Mrs. Hal1 ~aill be working two aides and she will be set up for eighteen months. In the meantime, someone will be hired on a temporary basis for Mrs. Hall's permanent position. She will return to her permanent position upon oompleting her ser- vices with Turnkey III. ATTENDANCE AT CFTI BY MR. DURWOOD ~BAGGETT - Mr. Bowden advised the State has approved Mr. Baggett's attendance at CFTI for a course in Marine Biology tit~hich is a four-hour course per week from ten to fourteen weeks. Mr. Baggett wanted this broujht to the Commissioners' attention and ask for approval of the Board. By com- mon consent approval was given to Mr. Baggett's request. DISCUSSION Or PLAN FOR CONSTRUCTIOAT OF NEW JAIL - rTr. Williams discussed need for jail in Ne~~a Hanover County saying that accordina; to State Officials who are charged wi.th the responsibility for determining how suitable a facility is, the County is in effect living on borrowed.time for a jail. The Board recognized {;his when 1t appropriated ~100,000 last year for a fund £or the purpose of building a new jail. Mr. Williams requested the Sheriff, who was present at the meeting, to repeat his £eelings on the urgency oi moving ahead with the project. Also, he asked that Mr. Bowden of£er any comments he had in connection with this. Mr. 4Jilliams said it was his feeling that the time had come for the Soard to consider the appointment of an architect to be~in drawing plans and. offering recommendations for the construction of the jail. The Sheriff said he feels the Board should get on withthe project since plans take a long time. He said the State will bear iaith the County as long as they kno~a the County is making plans. He pointed. out that regardless of how many repairs the County makes it still has a small jail. Jail was built 48 years ago orhen County only had about 20,000 people in the County. Now the County is about four times greater. At that time County had a County Farm, a detention home and also a police lock up. Inc•rease of crime has expanded. The new jail standards that the ~overnor has assigned has put more bearing on the fact County does have to have a new jail. The Sheriff said jail could be closed just on space alone. The ,State recommends 150 man capacity. Ne~a Hanover County's jail can sleep 64 if balanced. . ~ MINUTES OF THE NfEETIPTG-DECEMBER 7. 1970-CONTINUED- DISCUSSION OF PLAN FOR CONSTRUCTION OF NEW JkIL - CONTIN`UED - AsY.ed by P1r. Hall i£ any part of jail can be used, Sheriff Millis said architect did not recommend any pa~t.:of;;jail be used. Mr. Williams said the State Depa~rtment of Social Services Director and other Jail Inspec- tors have strongly recommended against any further renovation of the present jail. Sheriff Millis said jail can be used as a temporary holdin~ £acility. Mr. Marks advised he had contacted Commissioner Craig at budget time regarding urgency of new jail advising him it would be five years before New Hanover County could build a new jail due to present bond market, etc. Co1,Craig advised he thought County should be making prog~ess to~vard this. Mr. Marks said he advised Col. Craig the Board had determined it would be to the advantage of the County to close the County Farm and place the $60,000 per year it had been costing to operate and to hold it in escrow toward a new Sacility. Col. Craig was advised it would take approximately five years before the County can get funds sufficient to build a new jail. Col. Craig was advised this County had contacted Bladen County to determine if they could take care of prisoners from this County and were advised they could. Mr. Marks advised the State furnishes £acilities in cases of an extreme emergency on a temporary basis. Col. Craig informed Mr. Marks they would go along with this provided a new facility is planned within five years and since the County has made emergency arrangements. Mr. Marks said a number of things makes him hesitate to make any move at this point. The County is not only considering just a jail but a Courthouse facility. The County is also considering City-County consolidation which could come about within a couple of years. Mr. Marks felt any present plans may have to be substantially altered in a couple of years, i£ this came about, not only wasting time but dollars. Nr. Marks suggested probabilit~ of constructing a facility just west of the present Superior Court Room and running it up to height of present jail and ad.d 50'~ or 100'~ addi- tional or however many additional cells on the top floor. In doing this the County could salvage the present jail facility which is a tremendous investment. Mr. Marks was of the opini~n there is not such an emergency to construct new jail at this point when old jail can be consolidated withcother needed facilities. 551~ Nr. Oxenfeld said at this point it would. be impossible to sav tahether County could add another building; it would have to take a great deal of study. Mr. Harriss advised he had been informed planners frown on jails being located in municipal buildings, and wlii3:e a ne~v building adjacent to old building might have real merit he felt at the moment the County Vaould be putting some money into something that could not be used if it is planning to construct a modern facility on this site, and the County has already invested a considerable amount of money in acquiring property so it can. Mr. Harriss appointed Messrs. Oxenfeld, Williams, and Marks along with Mr. Bowden and Sheriff Nillis to a committee to try to determine t,~hether this is what the County wants. Mr. Harriss later designated•Mr. Williams to act as Chairman. Mr. Williams pointed out that some paid expert help might be needed. rr. Harriss suggested if so, they could come back to the Commission. Mr. lJilliams pointed out that people who are,specialists in this field recommend a separate facility and it appeared to him the Board could go ahead vaith construction of a jail before it gets around to a bond issue for a government complex. FORMAL APPROVkL CIVIL DEFENSE REQUEST l~PPROPRIATION FOR LABOR UI~TLOADING FALLOUT SHEZTER SUPPLIES - Mr. Bowden presented request o£ Civil Defense, for formal approval, for an amount not to exceed ~6300 for actual labor costs of unloading fallout shelter supplies. Mr. Hall moved., seconded by Mr. Williams, that £ormal approval be given, funcls coming from General Contingency Fund. Motion carried unanimously. Mr. Oxenfeld called attention tA fact he had noticed some water cans at various shelters vaere not filled. By common consent Mr. Bowden will make an investigation. TRANSFER OF FUNDS - EI,ECTRICAL INSPECTOR'S OFFICE - Request of the Electrical Inspector for transfer of $25 £rom Electrical Travel Allowance to Capital Outlay for the purchase df a chair for the Assistant Electrical Inspector was dis- cussed. Mr. Williams moved, seconded by Mr. Marks, that the transfer be approved. Motion carried unanimously. TRANSFER OF FUNDS -'v]ILMINGTON-DTEW HANOVER MUSEUM - Request of the Museum 1;o transfer ~50 from Heat Account to Water was considered. Mr. Marks moved, seconded by Mr. Hall, that the request be approved. Motion carried unanimously. MEETING RECESSED - P1r. MarYs moved, seconded by Mr. Hall, that the meeting recess at 9:45 A. M. for swearing in of newly elected Commissioners. Motion carried unanimously. Meeting reconvened at 10:15 A. M. Pfr. Harriss congratulated Mr. Hall on being re-elected and Mr. Oxenfeld on being newly elected to the Board. of Commissioners. R4TIFICATION OF ACTIORT TAF~N BY BOARD PRIOR TO SWEARING IN OF COMMISSIONERS - Mr. Hall moved, seconded by Mr. Oxenfeld, that~the action taken prior to recess, for the sake of the record, and any possible future contention, be ratified by this Board as it is now constituted, all members here having been present at that time. Motion carried unanimously. ~ ' S5z MINUTES OF THE MEETING - DECEMBER `7, 1970 - CONTINUED - REORGANIZATION OF BOARD - Mr. Harriss declared the floor onen for nominatior~s for Chairman of the Board. Mr. Marks placed Tir. Hall's name in nomination for Chairman, pointing out he had more senior- ity in County service and is the most qualified to dire.ct affairs coming before the Board. Nir. Hall informed the Board that due to the commitments he would have during the year he vrould have to refuse the honor and asked'that his name be i,~ithdrawn. Nr. Marks reluctantly ~~~ithdrew Mr. Hall's name. , Mr. Williams placed the name of Mr. Meares Harriss, Jr. in nomination for Chairman. Nr. Hall placed name of Mr. H. A. Marks in nomination for Chairman. Mr. Marks requested Mr. Hall ~~ithdraw his nane so as to have unanimous vote for Mr. Harriss. Nr. Hall withdrew Mr. Marks' name. Mr. Williams moved, seconded by Mr. Hall, that the nominations be closed and Mr. Harriss be elected unanimously. Motion carried unanimously. P1r. Harriss placed in nomination for Vice-Chairman ~he name of Mr. Berry A. Williams. Mr. Hall moved, seconded by Nr. Oxenfeld, that the nominations be closed, and Mr. Williams be elected unanimously. Motion carried unanimousl3r, rr. Williams nominated Hazel Savage as Clerk to the Board. Mr. Hall moved, seconded by Mr. Marks, that the nominations be closed. Motion carried unanimously and Hazel Sava~e was appointed by unanimous vote. Mr. Hall moved, seconded by Mr. Oxenfeld, that the Board express a vote of confid.ence to Mr. Bowden and Mr. Fox in their ability, integrity, and continued service to the County. Mo- tion carried unar~imously. EXAIiINATION AND kPPROVAL OF OFFICIAL BONDS OF COUNTY OFFICIALS - Mr. Fox advised this item would have to be de£erred until next meeting. DEDICATION OF NEW HOPE DAM - Mr. Harriss called attention to dedication of New. Hope Dam and said it would be desirable for someone to appear at the ceremonies. Mr. Hall moved, seconded by I~Ir. Williams, that anyone that could, go at County's expense. Motion carried unanimously. RECONVENTIOTd HEARING ON CHAI~TGES TO COUNTY'S SUBDIVISION REGULATIONS - Mr. Neil Mallory, LirecLOr oi rianning, appeared before the Commission relative to proposed amendments to the County's Subdivision gegulations on which a Public Hearing was held by the Commissioners on Novemtier 16, 19'70. As a result of reouest £rom the Home Builders Associa- tion the hearin~ was tabled to allow the Planning Commission to meet with them. This group did meet with the Planning Commission and the follooring changes ~aere recommended by the Plan- ning Commission: the avera~e lot size be reduced from 7500 feet to ~,000 feet, reduce the lot width at building line from 70 feet to 60 feet and to require side yards to be ten per- cent of lot width at building line tvith a minimum side yard of eight feet. Nr. Plallory ad- vised, based on these minor amendments, the Planning Commission now r.ecommends approval of the proposed amendments as submitted. Mr. Williams moved approval of the proposed amendments with the minor changes as recom- mended by the Planning Department. Mr. Williams later withdrew his motion. Mr. Mallory advised these changes affect only subdivisions in which there would be a com- munity vaater system and a sewerage collection disposal system. Mr: Narks ~•;as opposed to the lowering of lot size. Mr. Harriss voiced opinion County might be putting burden on the developer by not allowing this lot size. Mr. Harriss compared width of lots in City, many o£ which are 33' x 130' with side yard of only five feet. Mr. Nallory pointed out lots of this size would encourage developer to install a sewerage collection disposal plant whereas at present a developer can develop a subdivision at 10,000 sq. £t. with only a community water system. Mr. Mallory said if size of lot is left at `]0 feet the developer will probably decrease depth of lot. T4r. Hall moved, seconded by Nr. Oxenfeld, that the amended changes to the County's Sub- division regulations presented by the Planning De~artment be approved. Motion carried four to one. rr. MarY.s voted "No". The following ordinance was signed by the Chairman designating the changes: "Section l. That the Subdivision Regulations of the County of New Hanover adopted February 1`7, 1969, are hereby amended by the £olloNling: l. Article III, Section 3, Subsection 5.2 (9) add: Lancl contours shall be in relation to mean sea level datum. 2. Article IV, Section 2, Subsection 2.9, add: (9) Lots in subdivisions that have not been zoned by the County Commissioners and are served by a h~ater system approved by the North Carolina State Board of Health and served by a central waste treatment plant approved by the North Carolina Depart- ,. . ment of Water and Air Resources shall comply H?ith the following: (1) The avera e lot size for the entire subdivision shall not be less than seven thousand ~7000) square feet. The minimum size for an sin~le lot within the subdivision shall not be less than six thousand (6000~ square feet. MI~TCTTES OF THE MEETING - DECEMBER ~, 1°70 - CONTINUED - RECONVENTION HEARING ON CHANGES TO COUN~3" S SUBDIVISION REGUI~TIONS - CONTINUED - (2) Kii ioLS shall have a minimum width of sixty (60) feet at the build.ing line. (3) Side yards - There shall be side yards, the width of each to be not less than ten (10) percent of the width of the lot at the building line. No side yard shall be less than eight (8) feet. (10) Fire Y~ydrants that are installed in subdivisions ~hat are served by a community water system shall be equipped with tt1~o (2) two and one-half (2~) inch male nipples with National Standard Threads (3.0686 inches OD with ~~ threads per inch). Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. _ Section 3. This ordinance is adopted. in the interest of public health, safety, and gen- eral welfare oY trie inhabitants of the County of New Hanover, North Carolina, and shall be in full £orce and e£fect from and after its adoption. Adopted this 7th day o£ December, 1970. (s) Meares Harriss Chairman and Commissioner (s) Berry A. 4dilliams Commissioner (s) John R. Oxan£eld Commissioner (s) J. M. Hall, Jr. Commissioaer (s) H. A. Marks Commissioner QUEENS POINT~ SECTIOTd 2-B FLAT - Nr. Mallory presented plat of this subdivision for approval without installation of the required improvements which is permissible with only 25 lots. P1r. Marks moved, seconded by Mr. Hall, that the plat be approved and the Chairman be authorized to sign for the County. Motion carried unanimously. PROPOSED AMENDMENTS TO COUNTY'S MOBILE HOME & TRAUEL TRAILER PARK ORDIIJANCE - ~r. ~allory nresented four proposed amendments to the Mobile Home and ~Travel Trailer Park Ordinance. Mr. Mallory advised action cannot be taken today. This is first reading. Two weeks from toda3> Commissioners can have Public Hearing which is required. The second reading can be on January 18, 19']1 and then amendments would have to be published in the newspaper to become effective 20 days after publication. Mr.'Mallory said Mobile Home Dealers and Mobile Home Park Owners Association are aware of the changes. Folloiaing changes are proposed: "1. Amend all sections of this ordinance tiahere the is used to read Neor Hanover County Board of He~ 2. Amend all sections of this ordinance where the ment is used to read New Hanover County Health 3. Amend Section IV, Subsection 4.4, paragraph 2, as follows: term Consolidated Board of Health ~lth. term Consolidated Health Depart- Department. second sentence thereof to read "In addition to the Building Inspector, the Director o£ Health or his desi~nated representative also shall be considered enforcement officers for the purpose of enforcing all public health provisions o£ this ordinance and other applicable health codes adopted by the New Hanover County Board of Health." 4. Amend Section VI, Subsection 6.3, paragraph (b) to read as follows: (b) Each mobile home stand shall be provided i~rith anchorage in accordance with the North Carolina Uni£orm Standards Code for Mobile Homes. (Chapter 143, Article 9A of the North Carolina General Statutes) " Mr. Marks moved, seconded by Mr. Hall, that the Board accept this as the first reading and call for the Public Hearin~ in two weeks. Plotion carried unanimously. Mr. Bowden discussed tie-down saying when the State established. their 8=Poot tie down they did it without consideration as to how the trailer is constructed. It could be a banti can be through the center of a windo~•r or door and recommended this be given consideration, since it is not entirely enforceable in the £ield.. PROPOSED ZONIIQG MAP FOR ZONING AREA N0. 4- Mr. Nallory presented proposed zoning map for zoning Area No. ~F which the Planning Com- mission recommends. Mr. Mallory explained the map giving boundaries; Carolina Beach Road- Myrtle Grove Intersection, one mile limit of City of Wilmington, limit of Masonboro Zoning krea, continuation of Carolina Beach Road to the intersection of Masonboro Loop Poad and Snow's Cut. Mr. Williams suggested people be notified of proposed zoning by letters to dif£erent sections that comes within the area. ~ Mr. Williams moved, seconded by Mr. Marks, that public hearing be called for at first meetin~ of the Board in Januar5~. Motion carried unanimously. Mr. Bowden read following resolution in protest of zoning of Area 4. " k~e, the residents of the River Road, Neor Hanover County, wish to go on record as op- posing the zoning of the entire River Road for Industrial use. We suggest that the River Road be zoned industrial from the one mile zone of Wilmington to N. C. to unpaved Road No. 118']. The balance of the River Road., from N. C. unpaved road No. 118~ to the Fort Fisher Golf Course be zoned residential. 553~ (s) Archie Joseph P1cGirt i 554 MINUTES OF THE MEETING - DECET'IDER 7, 1970 - CONTINUED - PROP:OSED ZONING PriAP FOR ZONING AREk N0. 4- CONTINUED - (s) Robert E. Shannon (`s) Jack Davis (s) Bobb.v Harrelson (s) Bruce B. Willou~hlv (s) James H. Hobbs " PUBLIC HEARING - REZONING 1209 AIRLIE ROAD - Chairman Harriss declared Yu.blic Hearing open to discuss rezoning of 1209 Airlie Road (S.R. 14-11) betUreen U. S. Highways '74 and '76 (at bridge across Intracoastal Waterway) and Brad- ley Creek on the west side of the street £rom R-15 (Single Family District) to B-1 (Business District) in Zonino Area No. 2. Mr. Plallory presented sketch oi the propert5 and advised the Planning Commission recommends approval. Mr. Killingsworth ~aas spokesman for owners of Gray Grables, 1209 Airlie Road, who stated that since their permit to conduct the business was issued prior to the zoning that they ware entitled to a zoning change which would enable them to expand. Several people in the neighborhood ~~rere present and opposed on grounds it v~ould open up the area to any type o£ business which would want to locate there. Public Hearing was closed by the Chairman at this time. After discussion, Mr. Marks moved, seconded by Mr. Hall, the request be denied since the owners had no present plans for any additional changes and any future plan they may have, they have the privilege of presenting it to the Board for its consideration. Motion carried four to one. Mr. Oxenfeld voted "No". STAFFING - PI,FiNNING DEPARTMENT - Mr. Niarks inquired of Mr. lKallory if he did not have authority to secure another employee in his department to help with County Zoning Expansion. Mr. Mallory said he had not been able to find a qualified planner with experience and schooling. He said his plans at the moment are that he has one staff inember attending planning school ti•~ho will complete in February and after he completes has another planner ~rho will begin the training program in September. Mr. Mallory said he will be able to ~et more work completed because he will be able to use the planner that is in school now, who is not with the department two days a week. He is also charged with responsibility as the project director for Law Enforcement Planning. Possibly in January he wil.l return to the o£fice. Mr. Marks expressed hope zonir~ in County can be ex- pedited. SCHOOL FOR NEW COMMISSIONERS - Mr. 4Jilliams reminded the Board of School for County Commissioners being held by the In- stitute of Government in Chapel Hill in December and again in January. By common consent it was agreed everyone urho can be authorized and encouraged to attend. CONFIRPI DESIGNATION OF SITE FOR JUUENILE DETENTION FACILTTY - Mr. Williams moved, seconded by Mr. Hall, that the site for the Juvenile Detention Home on Blue Clay Road sho~•an on recent sketch be officially approved along with 100 feet ri~ht-of- way to the lot. Motion carried unanimously. Mr. Marks suggested the Juvenile Detention Committee talk with Dr. Jesome Schulte of the Mental Health Center before proceeding with the construction of this facility. Dr. Schulte had in£ormed him that he knew of places where such facilities had been provided and were no longer needed due to population of centers being reduced as re>ult of caork of Mental Health. klso, Mr. Marks suggested other counties be investigated as to their anticipated use of facility and whether Ne~-r Hanover County will get their cooperation. Size oS the faci].ity t•rill depend on the cooperation New Hanover County gets from other counties. Mr. Williams su~gested Mr. Marks varite letter to Chairman of Committee expressing his feelings. CONFIRM APPOINTMENT TO MtTSEUM BOARD OF DIRECTORS - Inasmuch as a member of the Board o~' Trustees for the lailmington-New Hanover PZuseum had resigned, it was~necessary to appoint someone to fill this place. Mr. Hall moved, seconded by Mr. Williams, that Mr. Charles H. Boney be appointed to fill this unexpired term. Term will expir.e July 1, 19']l. Motion carried unanimously. ABC FERMIT REQUESTS - The following ABC Permit Requests were presented to the Board: Joe's Grill, 130 Harper Ave.; Our Bar~ 115 S. Front St.; and M& F Grill, 16 S. lOth Street. , Mr. Hall moved, seconded by Mr. Oxenfeld, that the requests be ref'erred to the Sheriff's Department for investigation. Motion carried unanimously. AIRPORT REQUEST - Request of tne Airport £or an appropriation of f~10,000 for labor to cut all approaches to FAA specifications was discussed b5r the Board. It was pointed out the County cannot receive any reimbursement from the Federal Aviation Administration until this work has been completed. Mr. Westbrook ad.vised the County has no labor to do the work. Mr. Marks moved, seconded by t1r. Hall, that the appropriation be approved, funds coming from either Unanticipated Revenue or the General Contin~ency Fund. Notinn carried unanimously. APPROUAL OF TAX LISTERS FOR 1°71 - Mr. Bo~•rden presented list of List Takers, with a revision, to the Board for its approval. Mr. ~dilliams moved, seconded by Mr. P1a~ks, that the list submitted with the revision be approved. Motion carried unanimously. •~JJJ MINUTES OF THE MEETING - DECEMBER '7, 1970 - CONTINUED - LAW LIBRAP.Y INFORMATION - rr. Bowden advised the Board of following inquiry received from the State of North Carolina Department of Zocal Affai~s concerning the Law Library. "Proposed legislation relative to county law libraries will be draf'ted this month for consid.eration by the General Assembly that is scheduled to convene next month. Your think- ing about law libraries and your county's activities in that regard will be helpful to the Governor's Committee on Law and Order in determining what specific legislation to recommend. Your Board of Commissioners will be assisting ~reatly by considering the followin~ important questions at your December '], la']0, meeting and by arranging for your answers to be mailed immediately thereafter to the reply address printed above. The questions are as follows: "(1) How much did your county spend for lawbooks between July 1, 195g, and June 30, 1970? (2) How much has your Board allocated or does it expect to spend for lawbooks between July 1, 19']0, and June 30, 19'71? (3) Would your Board favor the establishment of a statewide law library system to be ad.ministered by a central agency and to include all county law libraries that now exist? A (4) Glould your Board £avor the funding o£ a statewide law library system by the re- quirement that each county remit to the State approximately 10'~ of all facili- ties fees collected and now retained by the county? (5) If the State were to assume the responsib3lity £or purchasing and maintaining the lawbooks in the courthouses throughout the State, would your Board be willing to furnish and maintain suitable space, furniture, and shelving for a law library, even if it meant relocating such non-jud.icial activities as nora might be occupy- ing that space? (6) What additional procedures or alternatives would your Board suggest to assure the constant availability and proper maintenance of adequate law research facilities in every courthouse in North Carolina?" If you have any questions, please feel free to telephone me at (919) 829-3721 in Raleigh. I shall be grateful for your kind and prompt cooperation, and I hope to hear from you by December 10. Thank you very much." Mr. Marks moved, seconded by Mr. ~n~illiams that the Board answer the inquiry as shown thereon; namely (1) $3,~34.']2, (2) $4,000, (3) Yes, (4) No, (5) delete after word "space" and furnish no comment on Item (6). Motion carried unanimously. Mr. Fox expressed opinion good Law Library is important to all the citizens of the County. It is used by all Attorneys and Judges quite extensively. Nr. Fox said he felt statewide library would be very advantageous. ADVERSE DECISIONS IN FTELFARE DEPARTMENT - Mr. Hall questioned. Mr. Marks as to whether or not persons have access to the Court on any decision they do not a~ree with. Mr. Marks said they did have access to the Court, but the Commissioners have the priv- ilege of overruling any decision of the Social Services Board in a~y instance. Fin~al authority now is the Commissioner of Social Services in Raleigh which is to conform with Federal requirements, the State having been operating previously on a non-conformative basis. Federal Department threatens to vaithhold money from state if it does not conform and P1r. PYarks said he saw no objection. STATENiEDTT OF W. C. BARFIELD FOR COUNTY AUDIT - Mr. Marks discussed statement from W. C. Barfield for audit of Auditor's office. Mr. Marks pointed out last year Mr. Barfield charged something over $~8,000 whereas bill this year is ~G14,376.`75. PIr. Marks advised in reading covering letters the Board Vrill note major portion of add- itional time involved was necessitated by the examination and verification of the certificates o£ deposits in the various institutions and. payments of interest thereon. This amounted. to about 40'/o increase over last year. Mr. Marks was of opinion Outside Auditor should ab- sorb a part of this cost because the records the County Auditor was keeping of certificates of deposits vaere difficult to verify and necessitated checking each individual transaction separately from the others for the entire year. This condition existed last year when he did. that audit. He has suggested method to be put into operation that will simplify this. The outside auditor also had some difficulty in the Tax Denartment in the same connection. ~r. Marks was of opinion this situation should have been corrected a year ago and feels Out- side Auditor has some responsibility in what Mr. ~arks feels is an exces~ive bill. How- ever, he sent this bill to P.alei~h authorities and according to general statutes they have approved it and Mr. Marks felt there was no alternative but to pay it. I`'Ir. Marks moved, seconded by Mr. Hall, that the bill be paid, additional funds to come from General Contingency Fund. Motion carried unanimously. Mr. Hall stated that over the years the outside auditor had been instructed to devote time to anything he ran across he felt needed aud.itin~ and report to the Chairman. MEETING OF HOME BUILDERS ASSOCIATION - Mr. Bovaden requested the Commissioners to mark their calendars for December 14 at 10:00 A.M. when the Home Builders Association will have a representation in the Commissioners' Chambers and the County and City Building Inspectors and all inspectors of various agencies to thrash out some of the problems the County is experiencing with the builders. A memo will be sent out on this. AUDITOR'S REQUEST TO DISTRIBI7,TE DECEMBER 30 PAYROLL ON DECEMBER 22 AS HAS BEEN CUSTOPTARY IN FRIOR YEARS - The Auditor's request to distrii~ute the December 30 payroll on December 22 as has been cus- tomary in prior years was presented to the Board. Mr. Hall moved, seconded by Mr. Oxenfeld that the request be approved. Motion carried unanimousl~. 1 J ~ 556 MINUTES OF THE MEETING DECEMBER ~, 1p~0 - CONTINUED - CHAIRPIAN' S SIGNATURE - Request of Auditor to permit signature of former Chairman to be affi.xed to checks until stamp can be made for Chairman Harriss was considered. Nr. Williams moved, seconded by Nr. Marks, that the request be approved. Motion carried unanimously. X-RAY MACHINE FOR HEALTH DEPARTMENT - r7r. BoVrden presented request of the Health Department to transfer in the neighborhood of ~20,000 to ~25,000 from Surplus and Unanticipated Revenue toward the purchase of a new X-Ray Machine. Since Dr. ISnox feels it vaill be impossible to get parts to repair old machine he re- quested perulission to treat the purchase of this eouipment as an emergency so it may be delivered. at an early d.ate. Nr. Bowden sug~ested only approval be given toward purchasing the machine rather than specifying an amount. Mr. Williams moved, seconded by Mr. Marks, that approval be given for the purchase of the X-Ray machine. Ms. Bowden advised he would request special meeting to approve amount when bids are re- ceived. ADJOURNMENT - There being no further businesw to come before the Board, Mr. Marks moved, seconded by Mr. Hall, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board MINUTES OF THE MEETING --EC~ER 21, 1970 - 9:00 A. M.- ASSEMBI,Y - The regular semi-monthly meeting of' the New Hanover County Board of Commissioners was held on the above d.ate and time in the Commission Building with the following present: Vice- Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry Shepard; County Administrator Laurence 0. Ilowden; and Hazel Savage, Clerk to the Board. INVOCATION - In the absence of the Chairman Vice-Chairman Williams called the meeting to order and asked Rev. A. D. Byrd, Jr., Pastor, Grace Methodist Church, to ~ive the invocation. Chairman Meares Harriss, Jr., joined the meeting at this time. APPROVAL OF MINUTES - P`ir. Marks requested £ollowing changes to the minutes of December ~, 19~0: On Page 4 first sentence of Paragraph 4 should read: "Mr. Marks advised he had contacted Commissioner Craig at budget time...". Fourth sentence of seventh paragraph on Page 4 should read: "Mr. riarks felt any present plans may have ...". Add word "cells" after word "additional" in first sentence oi ei~hth paragraph on Page 4. Mr. Harriss requested following change: On Page 3, sixth sentence of last paragraph should read: "At that time County had a County Farm, a detention home and also a police lock up." Following these corrections Mr. Hall moved, seconded by PZr. Oxenfeld, that the minutes be approved as corrected. Motion carried unanimously. Later in the meeting Mr. Marks requested the follooring changes: On Pa~e 1C, last paragraph, next to last line "(5)" should read "delete after word....". On Page 11, second~sentence of third paragraph shoulcl read: "Final authority now i.s the Commissioner of Social Services in Raleigh which is to conform with.Federal requirements, the State having been operating previously on ....". Mr. Marks moved, secontled by Mr. Hall, that these additional corrections be accepted. Motion carried unanimously. ~ PROGRESS REPORT ON PERSONNEL STUDY - Mr. Bowden advised Yersonnel Stud3= is undervray; Nr. Melvin from State Personnel Office was down Friday to meet with department heads, including Merit Department heads, to apprise them of information he will require irom employees in their offices, P1r. Bowden said it would be 25 or 30 days before the job descriptions will be returned after which Mr. Melvin will return and. interviei~i. CLARIFICATION OF AUDITOR'S STATEMENT IN NEWSPAPER - Mr. Williams requested clarification of statement mad.e by the County Auditor published in the neVrspaper that the tax decrease during the last bud~et was not achieved by any budget cuts but because of Unanticipated Revenue from the Federal Aviation Administration. Mr. Wil- liams asked if the County had received some unexpected revenue that the Board does not know about. Mr. Shepard advised it had not, the word should have been "Anticipated".