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1974-10-07 Regular Meeting , II I ' L. ,r'. \ 1 \-. , . ] MINUTES OF SPECIAL MEETING, SEPTEMBER 30, 1974 ASSEMBLY The New Hanover Board of County Commissioners met in special session on Monday, September 30, 1974, at 3:00 o'clock P. M. in the Assembly Room, County Commission Building, Wilmington, North Carolina, to consider offering a reward for information leading to the arrest and conviction of the person and/or persons who set fire to Chestnut Street School on Sunday, September 29, 19{4. Members present were Commissioners Peter R. Davis; Claud O'Shields, Jr.; 1 Vivian S. Wright; Chairman W. Douglas Powell; Coun\y Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. . ' Chm. Powell called the meeting to order. COUNTY TO OFFER REWARD RE CHESTNUT STREET SCHOOL BURNING Carom. Davis moved, seconded by Comm. O'Shield~, that New Hanover County post a $5,000 reward for information leading to the arres~ and conviction of the person and/ or persons who set fire to Chestnut Street School on Sunday, September 29, 1974, \ assuming that this fire was set; and that this off~r be legally drawn up by the County Attorney with the funds to be appropriated from the General Contingencies Fund I at the time that the reward is made. Law Enforcem~nt Officers were not to be eligible to receive said reward. Upon vote, motion carried!as follows: Voting Aye: Comm. .pavis, O'Shields and Chm. ~owell. Voting Noe: Corom. Wright. Corom. Wright stated that she was voting "noe" because she did not feel this constituted a sufficient emergency to qualify unde~ the law for a meeting without a two days' notice. , ADJOURNMENT Comm. Davis moved, seconded by Chm. Powell, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 3:25 o'clock P. M. Respectfully submitted, fi?f:~K~ ~() Clerk to the Board k MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 ASSEMBLY The New Hanover Board of County Commissioners t~et in regular session on Monday, October 7, 1974, at 9:00 o'clock a.m. in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis; Claud O'Shields, Jr.; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglail Powell; County Manager, Dan W. Eller; County Attorney, James C. Fox; and ClE,~rk to the Board, Lise K. King. No members were absent. Chm. Powell called the meeting to order. Comm. O'Shields offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 16" 1974 Comm. Davis requested that on Page 719 under "Discussion of Environmental Impact Ordinance (EIO) Committee" the record show that Mr. ,McKim had stated that the voting ethics proposal was considered too political by the Ero Committee and that some members had stated that they would resign from the Committee rather than work on this proposal. . . ~ ,_,_", ~__.u...___,. _._" .,...-" ..- . - .-.... -.." -"-...- ".-,..._- --~""'-'..-. .-- .,'''~,-',=-,~ ~' '~~--~'~-~='='=~=,-~.'-~~~~~','-~.~~=.,~ /~ MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 16, 1914 (CONTINUED) Comm. Wright requested that on Page 719 under "Diseussion of Courthouse/Govern- mental Complex" the record show that she had consented to the preparation of the model of Site A because a majority of the Board had pre,riously approved this Plan. Comm. Vaughan stated that he, too, would like for the ri~cord to show that he had agreed on this same premise. Comm. Vaughan requested that on Page 714 under "Addendum to Reappraisal Contract Agreement between the County and Cole-Layer-Trumble" tbE~ record show that he had made the motion that this be approved based upon the recommendation of the County Manager. (")1 \._! Upon motion by Comm. Wright, seconded by Comm. O'Shields, the minutes of the regular meeting held on September l6, 1974, were unanimc'lusly approved as corrected. APPROVAL OF MINUTES: SPECIAL MEETING, SEPTEMBER 30, 19i'4 Upon motion by Comm. Wright, seconded by Comm. O'S~ields, the minutes of the special meeting held on September 30, 1974, were unanimously approved as presented. . t REWARD - CHESTNUT STREET SCHOOL At the request of Comm. Davis, a discussion of Governor Holshouser to offer a reward in connection Chestnut Street School was placed on the Agenda. " the County's requesting with the recent burning of , Comm. Vaughan moved, seconded by Comm. Wright, the following: 1) The Chairman be empowered to investigate, through contact with the Sheriff and other appropriate parties, the desirability of a reward offer; 2) That, if it were found to be desirable, the Chairman be empowered to pursue the matter with Governor Holshouser; 3) That, if the State could not make a reward offer for New Hanover County specifically, determine if the County could contribute to the State the amount of the reward offer for the Governor to make. ! I (\; . Ii .!..: Upon vote, motion carried unanimously. Comm. Davis asked that the Board agree, by common consent, to request the Sheriff to assume jurisdiction over any County-owned property vandalized or burned whether it be in the County or the City. This was not agreed to by common consent. RESOLUTION OF COMMENDATION - MRS. REBECCA HALL The following resolution, which had been signed by the Commissioners and framed, was presented to Mrs. Rebecca Hall, Home Extension Agent. WHEREAS, MRS. REBECCA HALL has served the people of New Hanover County for 30 years in an outstanding and professional manner, and WHEREAS, MRS. REBECCA HALL has worked diligently for the total County Extension Program, and WHEREAS, MRS. REBECCA HALL has effectively developed leadership among the home- makers of the County, and WHEREAS, MRS. REBECCA HALL has exhibited strong leadership in her civic and religious activities, and WHEREAS, MRS. REBECCA HALL has been recognized by the National Association of Home Economists for her outstanding performance and was awarded a distinguished service award by the National Association of Extension Home Economists on September 26, 1974, in Minneapolis, Minnesota. !) NOW THEREFORE BE IT RESOLVED that the New Hanover Board of County Commissioners does hereby express its commendation to MRS. REBECCA HALL on the high honor paid to her by her colleagues, and BE IT FURTHER RESOLVED that the New Hanover Board of County Commissioners does hereby express its appreciation to MRS. REBECCA HALL for the many years of dedicated, effective and professional service which she has renderec' to the citizens of New Hanover County. .~. - - - -~-- - -- ---- - - --- .--- --- - -~-- --_._~. I ! i. fl. l . . ~ ie !~. MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) I RESOLUTION AGREEING TO PERMIT BRUNSWICK COUNTY TO JOIN THE LOWER CAPE FEAR WATER AND SEWER AUTHORITY Comm. Davis introduced the following resolution which was read: ! , RESOLUTION CONSENTING TO THE ~OINDER OF LOWER CAPE FEAR WATER AND 'SEWER AUTHORITY BY THE COUNTY OF BRUNSWICK ! WHEREAS, the City of Wilmington and the County of New Hanover have heretofore created an authority pursuant to the North Carolina Water and Sewer Authorities Act (Chapter l62A of the General Statutes of North iCarolina, as amended), such Authority being named "Lower Cape Fear Water and se;wer Authority"; and WHEREAS, the Lower Cape Fear Water and Sewer Authority was subsequently joined by the Counties of Bladen, Columbus and Pender; and i WHEREAS, its desire to adopted after the Board of Commissioners for the Cqunty of Brunswick have signified join the Lower Cape Fear Water and S~wer Authority by resolution I . a public hearing thereon, notice of ~hich was duly given; and j WHEREAS, the Board of Commissioners has determined that it is in the best I interest of New Hanover County for the County of Brunswick to join the Lower Cape Fear Water and Sewer Authority, now, therefore, . BE IT RESOLVED by the Board of Commissioners for the County of New Hanover that: Section 1. The Board of Commissioners hereby consents to the joining of the Lower Cape Fear Water and Sewer Authority by the County of Brunswick. Section 2. The Articles of Incorporation of the Lower Cape Fear Water and Sewer Authority after the joinder by Brunswick County, will be substantially as follows: '" ARTICLES OF INCORPORATION OF THE LOWER CAPE FEAR WATER AND SEWER AUTHORITY , , In compliance with the North Carolina Water an~ Sewer Authorities Act, being Chapter l62A of the General Statutes of North Carol~na, as amended, (a) the City Council of the City of Wilmington, North Carolina, pursuant to resolutions signifying its determination to organize an Authority under th~ provisions of said Act and consenting to the joinder of the Authority by Bladen, Columbus, Pender and Brunswick Counties, (b) the Board of Commissioners for the County of New Hanover, North Carolina, pursuant to resolutions signifying its determinatio~ to organize an Authority under said Act and consenting to the joinder of the Authority by Bladen, Columbus, Pender and Brunswick Counties, (c) the Board of Commission~rs for the County of Bladen, North Carolina, pursuant to resolutions signifying lts desire to join such Authority under said Act and consenting to the joinder of the! Authority by Brunswick County, (d) the Board of Commissioners for the County of Columbus, North Carolina, pursuant to resolutions signifying its desire to join such A11thority under said Act and consenting to the joinder of the Authority by Bruns,~ick County, (e) the Board of Commissioners for the County of Pender, pursuant to; resolutions signifying its desire to join such Authority under said Act and consenting to the joinder of the Authority by Brunswick County, and (f) the Board of Commissioners for the County of Brunswick, North Carolina, pursuant to a resolution signifying its desire to join such Authority under said Act, which Authority shal~ be a public body and a body politic and corporate of the State of North CarolinA, hereby certify that: ~ i ! (a) This Authority is organized under said North Carolina Water and Sewer I Authorities Act, its name shall be "LOWER CAPE FEAR;WATER AND SEWER AUTHORITY" and the address of its principal office shall be Wilmington, North Carolina. (b) The names of the organizing political subqivisions are the City of Wilmington, North Carolina, and New Hanover County, :North Carolina. (c) The names of the political subdivisions wqich have joined the Lower Cape Fear Water and Sewer Authority are Bladen County, C~lumbus County, Pender County and Brunswick County, North Carolina. : ..._-"._~_..-.~-:--~-~':=~~~==-=--=-:---::-=-~~~~-~~~-=-==--:.._--::=-~ ",.., ",/: . /.... .F; MINUTES OF REGULAR MEETING, OCTOBER r, 1974 (CONTINUED) BRUNSWICK COUNTY TO JOIN LOWER CAPE FEAR WATER AND SEWER AUTHORITY (CONTINUED) (d) The Lower Cape Fear Water and Sewer Authority shall have nine members, two appointed by each of said organizing political subdivisions, two appointed by Columbus County and one appointed by each of Bladen County, Pender County and Brunswick County. I ' The names and addresses of the members of said Authority appointed by the City Council I of the City of Wilmington are: i Name Address Cll W. Mercer Rowe Jr. Louis W. Latham 2216 Acacia Drive, Wilmington, N. C. 532 Colonial Drive, Wilmington, N. C. the names and addresses of the members of said Authority appointed by the Board of Commissioners for the County of New Hanover are: Name Address ~. B. Beery, III Michael C. Brown l415 Broo~~aven Road, Wilmington, N. C. , 2411 Oleander Drive, Wilmington, N. C. I \ the name and address of the first member of said Authori,ty appointed by the Board of Commissioners for the County of Bladen are: Name Address Wallace S. Leinwand Elizabethtown, North Carolina the names and addresses of the first members of said Authority appointed by the Board of Commissioners for the County of Columbus are: Name Address Rudolph B. Walters c/o County Auditor, Courthouse Whiteville, N. C. P. O. Box 147, Whiteville, North CarolinCl 1)1 Edward B. Williamson the name and address of the first member of said Authority appointed by the Board of Commissioners for the County of Pender are: Name Address W. M. Baker Burgaw, North Carolina and the name and address of the first member of said Authority appointed by the Board of Commissioners for the County of Brunswick are: Name Address J. T. Clemmons Clem's Texaco Service, Shallotte, N.C. IN WITNESS WHEREOF, the City of Wilmington, North Carolina, has caused these Articles of Incorporation to be executed by its Mayor and its corporate seal to be affixed hereto and attested by its City Clerk; New Hanover County has caused these Articles of Incorporation to be executed by the Chairman of its Board of Commissioners and the official seal of said Board of Commissioners to be affixed hereto and attested by the Clerk of said Board; Bladen County has caused these Articles of Incorporation to be executed by the Chairman of its Board of Commissioners and the official seal of said Board of Commissioners to be affixed hereto and attested by the Clerk of said Board; Columbus County has caused these Articles of Incorporation to be executed by the Chairman of its Board of Commissioners and the official seal of said Board of Commissioners to be affixed hereto and attested by the Cl,erk of said Board; Pender County has caused these Articles of Incorporation to be executed by the Chairman of its Board of Commissioners and the official seal of said Joard of Commissioners to be affixed hereto and attested by the Clerk of said Board; and Brunswick County has caused these Articles of Incorporation to be executed by~he Chairman of its Board of Commissioners and the official seal of said Board of Commissioners to be affixed rtJ '... ~~-~ i I. . . 5"'lll i i! ; OCTOBER 7, 1974 (CONTINUED) J MINUTES OF REGULAR MEETING, BRUNSWICK COUNTY TO JOIN LOWER CAPE FEAR WATER AND SEWER AUTHORITY (CONTINUED) hereto and attested by the Clerk of said Board, all of as of the day of , 1974. . (S EAL) Attest: City Clerk of the City of Wilmington North Carolina (SEAL) Attest: Clerk of the Board of Commissioners for the County of New Hanover (SEAL) Attest: Clerk of the Board of Commissioners for the County of Bladen (SEAL) Attest: Clerk of the Board of Commissioners for the County of Columbus (SEAL) Attest: Clerk of the Board of Commissioners for the County of Pender (SEAL) Attest: Clerk of the Board of Commissioners for the County of Brunswick Mayor of the City of Wilmington, North Carolina Chairman or the Board of Commissioners for the County of New Hanover Chairman of the Board of Commissioners for th~ County of Bladen Chairman of the Board of Commissioners i for the County of Columbus Chairman 0 the Board of Commissioners for the County of Pender Chairman o~ the Board of Commissioners for'the County of Brunswick ". --'~"-""..'-----'-"-_.'---- - -~--~~----,---------_._--- - ._------ , . ~'='~~ /' ,/t) i1 'j I'll ::: ~, MINUTES OF REGULAR MEETING, OCTOBER ~, 1974 (CONTINUED) BRUNSWICK COUNTY TO JOIN LOWER CAPE JEAR WATER AND SEWER AUTHORITY (CONTINUED) Section 3. The Articles of IncoFPoration of the Lo~er Cape Fear Water and Sewer Authority in substantially the form ~~t forth in Section' 2 of this resolution shall be executed on behalf of New Hanover ~ounty by the Chairlnan of its Board of Commis- sioners and the official seal of said:! Board of Commissio;lers shall be affixed thereto and attested by the Clerk of said Boa~d, and the Clerk of said Board is hereby authorized and directed to file with the Secretary of State of North Carolina a certified copy of this resolution, and said officiers ar~ hereby authorized, empowered and directed to do all things necessary to consent to t~;~ joining by the County of Brunswick of said Authority under the provisions of the North Carolina Water and Sewer Authorities Act. i (\I \ ) . Section 4. This resolution shall take effect upon Its passage. Thereupon Commissioner Davis moved the passage of the foregoing resolution entitled: "RESOLUTION CONSENTING TO THE JOINDER OF LOWER CAPE FEAR WATER AND SEWER AUTHORITY BY THE COUNTY OF BRUNSWICK" and Commissioner O!Shields seconded the motion, and the resolution was passed by the following vote: I Ayes: Commissioners Davis, O'Shields, Wright, and Ghm. Powell. Noes: Commissioner Vaughan. (For addition~ see page 23.) PUBLIC HEARING The Clerk to the Board reported to the Board of Comnissioners that notice of a public hearing had been published in the Wilmington Star News on September 22 and 29, 1974, with notice that the Board of Commissioners would hold a public hearing at 9:30 o'clock a.m. on Monday, October 7, 1974, with regard to the following rezoning requests, applications for special use permits, proposed amendments to the Zoning Ordinance, and appeal from the recommendation of the Planning Commission. Chm. Powell opened the public hearing to discussion. ~I PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPj~RTY ON THE WEST SIDE OF CASTLE HAYNE ROAD (U. S. HWY. 117) BETWEEN SPRING ROAD ~~D 23RD STREET FROM R-20 (SINGLE FAMILY DISTRICT) AND R-15 (SINGLE FAMILY DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA IIl0A. I Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of September 4, 1974, and had recommended unanimously that this request be approved. He stated that the area :recommended for rezoning by the Planning Commission did not contain all of the property originally requested for rezoning, that the area 420 feet north of Arlington Drivf~ and 250 feet. deep on Castle Hayne Road had been deleted from the section recommended for rezoning; there were four residences in this area. Comm. Vaughan moved, seconded by Comm. Davis, that this rezoning request be ap- proved as recommended by the Planning Commission. Mr. Earl Smith, the Petitioner, appeared before the Board and requested that the County Commissioners include the four residences in the rezoning which had been deleted by the Planning Commission. Chm. Powell asked if there were anyone present to o}pose this rezoning request, and no one spoke in opposition. Comm. Wright offered the substitute motion, seconded by Chm. Powell, that this request be approved including the area 420 feet north of Arlington Drive and 250 feet deep on Castle Hayne Road to correspond to the origInal request as requested by the Petitioner and, further, that the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area IIl0A of New Hanover County, North Carolina, Adopted July 1, 1974" be adopted. Upon 'Tote, substitute motion carried as follows: ~( ;1 Voting Aye: Comm. O'Shields, Wright, and Chm. Powell. Voting Noe: Comm. Davis and Vaughan. The Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section lOA, Page 2. I .,. I . . ;r $ ~ 4,.-1: MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) Comm. Vaughan stated for the record that a majority of the Commissioners had just approved a rezoning request which absolutely tore the sense of the Zoning Ordinance all to pieces. Chm. Powell stated for the record that, in his opinion, this was Comm. Vaughan's opinion. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY LOCATED ON THE WEST SIDE OF BLUE CLAY ROAD BETWEEN FAIRFIELD DRIVE AND :~3RD STREET FROM R-20 (SINGLE FAMILY DISTRICT) AND R-15 (SINGLE FAMILY DISTRICT) TO I-I (INDUSTRIAL DISTRICT) IN ZONING AREAS #9A and #lOA. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of September 4, 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. Vaughan moved, seconded by Comm. Wright, that this rezoning request be approved and that the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Areas #9A and #lOil of New Hanover County, North Carolina, Adopted July 1, 1972 and July 1, 1974 Respectively" be adopted. Upon vote, motion carried unanimously. The Ordinance, aB adopted and signed, is con- tained in Zoning Ordinance Book I, Section 9A, Page 12, and Section lOA, Page 3. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY LOCATED BETWEEN HOLLAND DRIVE AND BLUE CLAY ROAD APPROXIMATELY 300 FEET NORTH OF THE INTERSECTION OF NORTH KERR AVENUE AND BLUE CLAY ROAD FROM R-20 (SINGLE FAHILY DISTRICT) TO 1-2 (INDUSTRIAL DISTRICT) IN ZONING AREA#lOA. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of September 4, 1974, and had recommended that this request be approved. ChID. Powell asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Comm. Davis 'moved, seconded by Comm. O'Shields. that this rezoning request be approved and that the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #lOA of New Hanover County, North Carolina, Adopted July 1, 1974" be adopted. Upon vote, motion carried unanimously. The Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section lOA, Page 4. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE SOUTH SIDE OF THERESA DRIVE BETWEEN HOLLAND DRIVE AND CASTLE HAYNE ROAD (U. S. HWY. l17) FROM R-20 (SINGLE FAMILY DISTRICT) TO R-15 (SINGLE FAMILY DISTRICT) IN ZONING Area #lOA. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of September 4, 1974, and had recommended that this request be approved. Comm. Davis stated that he would like to be allowed to abstain from voting on this issue as one of the parties involved worked with him. Comm. Wright moved, seconded by Chm. Powell, that Comm. Davis be allowed to abstain from voting on this issue. Upon vote, motion carried unanimously. The following persons appeared before the Board in opposition to this rezoning request: Mr. J. H. Ferguson-, Attorney at Law, rept:E~senting Mrs. Doris Moss; Mr. Clarence Marshburn and Mrs. Sandra L. High. Mr. Ferguson presented three petitions signed by persons opposing this rezoning request; these petitions are contained in Exhibit Book II, Page 33. _. .__..__.___.__.+~,_____~__.__'_~ _ ..+._.___ ._~__._T___-,-__:_-_~.----.-..---'~-n-~. ~ . , . ."------~---------~____:_-:-.7---------~------~-,-,-.--..-..,-~ -- / (8 fit MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) The following persons appeared before the Board in favor of the rezoning request: Mr. and Mrs. Billy Buck and Mrs. Patricia Alle~. Comm. Vaughan moved that this item be tabled until the meeting of October 21. Upon vote, tabling motion carried as follows: Voting Aye: Comm. O'Shields, Vaughan, and Chm. Pow~ll. Voting Noe: Comm. Wright. I I :)1 , /''' Abstaining: Comm. Davis PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE EAST SIDE OF CASTLE HAYNE ROAD (U. S. HWY. 117) BETWEEN GLADIOLUS ROAD AND THE CP&L POWER LINE FROM R-20 (SINGLE FAMILY DISTRICT) TO R-15 (SINGLE FAMILY DISTRICT) IN ZONING AREA #lOA. ~ Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of September 4, 1974, and had recommended that this request be approved. Chm. Powell asked if there were anyone present to oppose this rezoning request, i and no one spoke in opposition. > Comm. Wright moved, seconded by Comm. Davis, that tpis rezoning request be approved and that the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #lOA of New Hanover County, North Carolina, Adopted July 1, 1974" be adopted. Upon vote, motion car,'ried unanimously. This Ordinance, as adopted and signed, is contained in Zonin~ Ordinance Book I, Section lOA, Page 5. . PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY LOCATED 570 FEET NORTH OF GREENVILLE LOOP ROAD APPROXIMATELY 490 FEET EAST OF CLEARBROOK DRIVE FOR STABLES IN ZONING AREA /12. : ~i ;-- Planning Director Richard A. Fender stated that th~ Planning Commission had heard this request at their meeting of September 4, 1974, and had recommended that this Special Use Permit be issued based on the following conditions: I 1. Plan as submitted with the application for Special Use Permit; ! 2. That the stables shall not 'be closer than 100 feet from any property line; , and, 3. That the perimeter of the property shall be adequately fenced to prevent movement by horses onto adjacent property if in fact any horses are to be turned loose in the area. 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 accordin;s 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 val~e 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. O'Shields,moved, seconded by Comm. Wright. that this Special Use Permit be issued based on the same condi- tions as recommended by the Planning Commission. Upon vote, motion carried unanimously. I), ~., -----,,,- ,.-- ----------------. - -' '--.. ., :....~ _. 0-- ...~__ _ ..,..___.__ __. ..__'_ __ __.._._ __ ~'_ _.________._~.__~_____.,__,______ __. .. . . ~ {:; f ":I~ .-'t;. MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY AT 4825 GORDON ROAD FOR,A BEAUTY SHOP IN ZONING AREA #8B Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of September 4, 1974, and had recommended that this Special Use Permit be issued based on the following conditions: 1. Plan as submitted with the application for Special Use Permit; and 2. Adequate parking be provided as specified In Article VIII of the New Hanover County Zoning Ordinance. 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 charac- ter of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Davis moved, seconded by Comrn. Wright, that this Special Use Permit be issued based on the same condi- tions as recommended by the Planning Commission. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY AT 5905 OLEANDER DRIVE FOR STORAGE FACILITIES IN ZONING AREA #6 Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of September 4, 1974, and had recommended that this Special Use Permit be issued based on the following conditions: 1. Plan as submitted with application for Spec.ial Use Permit; 2. That adequate buffering be provided and maintained along the rear property line as specified in Section 55-7 of the New Hanover County Zoning Ordinance and as approved by the New Hanover Building Inspector; 3. Any outside storage shall not be closer than 10 feet from any side or rear property line and shall not be closer than 50 feet from Oleander Drive; and 4. Any outside storage shall be fenced by a combined fence and evergreen hedge or shrubbery screen along the st~rage area facing Oleander Drive. 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 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. Wright, that this Special Use Permit be issued based on the same condi- tions as recommended by the Planning Commission. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE SOUTH SIDE OF ALEX TRASK DRIVE APPROXIMATELY 342 FEET EAST OF HOLLAND DRIVE FOR A PRIVATE CLUB IN ZONING AREA #lOA _.. ." "._,__,_~u,~,'_"_.____,,,,,~,,____.__' , . . , ...... . i ~ tiv MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of September 4, 1974, and that both the motions to recommend approval and denial had resulted in tie vot~s, and that the Chairman had ruled, in that no action had been taken, this had the same effect as a recom- mendation of denial. Planning Director Ferider stated that the Planning Staff had recommended denial based upon the potential for traffic Which would be generated on Holland Drive. ' The following persons appeared before the Board in ppposition to the issuance of this Special Use Permit: Mrs. Charles King, Mrs. Rob~rt van Luyn, and Mrs. Barbara Smith. Planning Director Fender presented ~ petition signed by resi- dents of Holland Drive and Todd Avenue protesting the issuance of this Special Use Permit. This petition is contained in Exhibit Book II, fage 34. {\I \ )1 The following persons appeared before the Board in favor of the issuance of this Special Use Permit: Mr. Herbert P. Scott, Attorney at Law representing the Jaycees; Mr. Andrew Ritter; Mr. Bob Murphy, President of the Jaycees; Mr. Al Sholar; and Mr. Bob Ball who presented a petition signed by residents of the Wrightsboro Community who had no objections to the Jaycees coming into their area. This petition is contained in Exhibit Book II, Page 35. Comm. Vaughan moved, seconded by Comm. Wright, that this Special Use Permit be issued for the specific use of Jaycee activities. Upon vote, motion was defeated as follows: Voting Aye: Comm. Vaughan. Voting Noe: Comm. Davis, O'Shields, Wright, and Ch~. Powell. Comm. activities activities Vaughan moved that the Special of the Jaycees and that they be or renting it to other parties. Use Permit be :lssued for the normal restricted fr6m carrying on commercial Motion died tor lack of a second. f),1 After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endang~r the public health or safety if located where proposed and developed according' to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that'the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Davis moved, seconded by Chm. Powell, that this Special Use Permit be issued based on the following con- ditions: 1. Plan as submitted with the application for Special Use Permit; and, 2. The Jaycees can use the building in any manner that is non-commercial and that they cannot rent the building for commercial purposes. Upon vote, motion carried unanimously. LUNCH RECESS Chm. Powell recessed the meeting for lunch from 1:15 to 2:15 o'clock p.m. PUBLIC HEARING (CONTINUED) PUBLIC HEARING TO CONSIDER THE FOLLOWING AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE 'I)I /-- Amend Section 53-4 (1) as follows: (1) Minimum Lot Area 10,000 square feet except where a lot or lots have been approved tn accordance with the New Hanover County Subdivision Ordinance, where such lot or lots are served by approved public or community water and sewer facilities; said lot or lots may have a mimimum size of six thousand (q,OOO) square feet and a minimum width of sixty (60) feet at the buildi~g setback line. All other dimensional requirements of the R-10 Zoning Di~trict shall be met. i ~ -.--,., n . _ .... .~_ __ .~_. '__~__n_ _'_'--,_' _ ___.___~.__. __._.. ____.~._~.~._._._~_.___.___________..___~.__ ,. :. . .- 'i.t t' ~ ! ~] ;..~ MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) Planning Director Richard A. Fender stated that the Planning Commission had considered this amendment to the Zoning Ordinance at their meeting of September 4, 1974, and had recommended that it be adopted. Upon motion by Comm. Wright, seconded by Comm.. Davis, this amendment to the New Hanover County Zoning Ordinance was unanimously adopted by the Board. PUBLIC HEARING TO CONSIDER THE FOLLOWING AMEIDJMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE 1. Amend Section 51-3 by adding the following: (20) Governmental facilities and uses occupied or operated by Federal, State, County and/or Municipal Government on land owned or leased by a governmental body not otherwise ,indicated as a permitted use or Special Use in the R-20 District. 2. Amend Section 52-3 by adding the following: (23) Governmental facilities and uses occupied or operated by Federal, State, County and/or Municipal Goverr~ent on land owned or leased by a governmental body not otherwise indicated as a permitted use or Spe~ial Use in the R-15 District. 3. Amend Section 53-3 by adding the following: (21) Governmental facilities and uses occupied or operated by Federal, State, County and/or Municipal Government on land owned or leased by a governmental body not otherwise indicated as a permitted use or Special Use in the R-10 District. 4. Amend Section 54-3 by adding the following: (10) Governmental facilities and uses occupied or operated by Federal, State, County and/or Municipal Government on land owned or leased by a governmental body not otherwise indicated as a permitted use or Special Use in the B-1 District. 5. Amend Section 55-3 by adding the following: (7) Governmental facilities and uses occupied or operated by Federal, State, County and/or Municipal Government on land owned or leased by a governmental body not otherwise indicated as a permitted use or Special Use in the B-2 District. 6. Amend Section 56-3 by adding the following: (3) Governmental facilities and uses occupied or operated by Federal, State, County and/or Municipal Government on land owned or leased by a governmental body not otherwise Indicated as a permitted use or Special Use in the I-I District. 7. Amend Section 57-3 by adding the following~ (5) Governmental facilities and uses occupied or operated by Federal, State, County and/or Municipal Government on land owned or leased by a governmental body not otherwise indicated as a permitted use or Special Use in the 1-2 District. 8. Amend Section 59.1-3 by adding the following: (3) Governmental facilities and uses occupied or operated by Federal, State, County and/or Municipal Governnlent on land owned or leased by a governmental body not otherwise indicated as a permitted use or Special Use in the 0&1 District. ''-''.'_______'_~-.--"-,,-'-----"--'-c'-"-'--.------"-----'-----,---~--~--~--------,,-------:----:-::-;-----........ ...--- /' I.l. " MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) Planning Director Richard A. Fender stated that the Planning Commission had considered these amendments at their meeting of September 4, 1974, and had recom- mended that they be adopted. Upon motion by Comm. Vaughan, seconded by Comm. O'Shields, these amendments to the New Hanover County Zoning Ordinance were unanimously adopted by the Board. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY 490 FEET NORTH OF BLUE CLAY ROAD AND APPROXIMATELY 2,640 FEET WEST OF NORTH COLLEGE ROAD (N. C. HWY. 132) FOR EXPANSION OF THE LOWER CAPE FEAR JUVENILE SERVICES CENTER IN ZONING AREA #8A. I I :)1 Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of September 4, 1974, and had recommended that it be approved based on the following conditions: 1. Plan as submitted with the application for Specjal Use Permit; and, 2. Adequate parking be provided as specified in Article VIII of the New Hanover County Zoning Ordinance. Chm. Powell asked if there were anyone present to op,pose 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 harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, COmDl. O'Shields moved, seconded by Comm. Davis, that this Special Use Permit be issued based on the same condi- tions as recommended by the Planning Commission. Upon vote, motion carried unan- imously. ' I i I): PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY (19 ACRES) AT THE EASTERN END OF BRIDGE ROAD ON FIGURE EIGHT ISLAND FOR MULTI-FAMILY DWELLINGS IN ZONING AREA #5. Planning Director Richard A. Fender stated that this application for Special Use Permit had been withdrawn by the Petitioner, Mr. Tho~as H. Wagner, by letter dated September 30, 1974. Chm. Powell closed the public hearing to discussion" RESIDENTS OF NORTH HILLS SUBDIVISION OBJECTING TO CONVENIENCE FOOD STORE Mrs. Cathy Edens of 102 North Hills Drive appeared IJefore the Board, along with other residents of North Hills Subdivision and the general vicinity, requesting that the County Commissioners revoke Special Use Permit 110. 95, which had been approved on July 1, 1974. Mr. Irving Hewlett, the developer of North Hills Sub- division, appeared before the Board in this regard also.; County Attorney Fox stated that the same steps would have to be taken to revoke the Special Use Permit as were taken to issue the'Special Use Permit, i.e., advertised public hearings to this effect. Comm. Davis moved, seconded by Comm. Vaughan, that this be immediately referred back to the Planning Commission with the direction that they advertise a public hearing for consideration of withdrawing this S]')ecial Use Permit and that letters be sent to the property owners to this effect. Upon vote, motion carried unanimously. 'I) PROTEST OF "THE CURIOUS EYE" Mr. J. D. Orrell of the "Joe Allard Bible Class" had requested written to the New Hanover County Board of Education protesting the Curious Eye in the Public School System be entered into the record. agreed to by common consent by the Commissioners, and th~ letter is Exhibit Book II, Page 36. that a letter use of The This was contained in '~ ! . i. . ,). ~ ;lW MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTIlruED) REQUEST FOR BIRD SANCTUARY - LANSDOWNE ESTATES Mrs. A. C. Meck, representing the Lansdowne Garden Club, had requested that I the County Commissioners adopt an ordinance declaring Lansdowne Estates as a bird sanctuary. Comm. Vaughan requested that it be advertised in the paper that the Lansdowne Garden Club had made this request upon the Commissioners and that they would hear proponents and opponents at their meeting and anybody else in the immediate area who would like their area to be declared a bird sanctuary would be heard also. This was agreed to by common consent. TRANSFER OF FUNDS - ELECTIONS Upon motion by Comm. Wright, seconded by Comm. Davis, a transfer of $1,000 from Contingencies, Account #11 445 61, to Elections, Equipment, Account #11 430 74, for the purchase of 30 signs to be used to indicate polling places within the County on Election Day was unanimously approved by the Board. AWARD OF BID FOR MICROFILM PROCESSOR - REGISTER OF DEEDS The County Auditor had advertised for bids on two occasions for the Microfilm Processor budgeted in the Register of Deeds budget. The first time, insufficient bids were received; and the second time, only one bid was received. Eastman Kodak entered a bid of $4,244.35 for a Processor and a bid of $252.20 for a Mixing Valve for the Processor. The amounts budgeted for these items were $3,735 for the Processor and $233 for the Mixing Valve. Mrs. LeRay, Register of Deeds, had requested and County Manager Eller recom- mended that the Commissioners authorize Mrs. LeRay to negotiate with Eastman Kodak and to purchase the two pieces of equipment provided the price did not exceed that budgeted for these items. Upon motion by Comm. Vaughan, seconded by Comm. Wright, the request of the Register of Deeds to negotiate with Eastman Kodak was unanimously approved. BUDGET AMENDMENT - PUBLIC SCHOOLS County Manager Eller advised that, in order to account for the proceeds from the insurance company relative to Chestnut Street School, it would be necessary to amend the School Budget and that several amendments would be requested as it was determined the amount of money to be received. He stated that, at the present time, the County was assured of receiving $35,000 siortly. County Manager Eller recommended that there be created in the Special Accounts Fund of the Public Schools Budget a revenue item entitled Chestnut Street School Insurance Proceeds, Account #51 335 00, and that th,~ sum of $35,000 be appropriated for this revenue item, and that the expenditure bud:~et be amended by creating an expenditure item in the Special Accounts Fund of th,~ Public Schools Budget, Account #51 660 00, entitled Chestnut Street School Fire Damage; and the sum of $35,000 be appropriated to that account. Upon motion by Comm. Davis, seconded by Comm. O'Shields, the budget amendments as recommended by County Manager Eller to account for the proceeds from the insur- ance company relative to the Chestnut Street School burning were unanimously approved by the Board. BUDGET AMENDMENT - GROUP CARE HOME County Manager Eller reported that, due to a reduction in the amount of Federal Funds available for the Group Care Home Project, it would be necessary to amend the budget as follows: 1. Reduce the General Fund Revenue Item, Federal Grant - Group Care Home, Account #11 349 14, from $38,747 to $32,000. 2. Reduce the General Fund Revenue Item, State Grant - Group Care Home, Account #11 350 14, from $2,152 to $1,778. 3. Reduce the General Fund Revenue Item, Youth Help, Inc., Account I!ll 352 00, from $2,153 to $1,778.- -----' '-- ,--- --""-'--'---~;----- .----"'--------------:------"-----~'---~:----___;_--c-,-~ ...--- ,fJ. 4 MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) BUDGET AMENDMENT - GROUP CARE HOME (CONTINUED) 4. Reduce the Expenditure Item in the Non-Departmental section of the budget, Group Care Home, Account tIll 660 63, from $43,052 to $35,556. Upon motion by Comm. Vaughan, seconded by Comm. Davis, these budget amend- ments regarding the Group Care Home were unanimously approved by the Board. REPORT FROM ENVIRONMENTAL IMPACT COMMITTEE (EIC) Mr. Herbert P. McKim, Chairman of the EIC, appeared before the Board and reported that the EIC had voted at their meeting of October 3, 1974, to request that all proposed changes to the Zoning and Planning OrdJnances be reviewed and commented on by the EIC before being approved by the Planning Commission or the Board of Commissioners. ~: Comm. Vaughan moved, seconded by Comm. Davis, that ~he Planning Staff be requested to furnish the EIC with early notice of any projected changes in the Zoning Ordinances of the County and that they encourage the EIC to express their , opinions to the Planning Commission on any of these mattl~rs. Upon vote, motion carried unanimously. Mr. McKim also reported that the EIC proposed to have a workshop meeting in November or early December to explain the Erosion and Se~imentation Ordinance to developers and others. By common consent, the Board agreed to fund the EIC up to $100 for postage and mailing of notices for this work1lhop meeting. Comm. Vaughan asked that, by common consent, Mr. McKim be commended by the Board for the service he had rendered as Chairman of the EIC. This was agreed to by common consent. PUBLIC HEARING SET ON COURTHOUSE/JAIL PROJECT By common consent, a public hearing was set for Thursday, October 24, 1974, at 7:30 o'clock p.m. for the purpose of presenting the p+ans, drawings and models prepared by the architects for the proposed County Gover~mental Complex. These were to be presented to the Commissioners at their meeting of October 21, 1974. f) BUDGET TRANSFER - JUVENILE SERVICES Upon motion by Comm. Davis, seconded by Comm. Vaughan, a transfer of $1,600 from Contingencies, Account #11 445 61, to Juvenile Services, Capital Outlay - Building, Account #11 522 72, was unanimously approved by the Board for necessary alterations in order for the modular office building, which had been approved in the Juvenile Services budget, to comply with the Building, Plumbing and Electrical Codes. : Chm. Powell requested that, in the future, all such 'buildings comply with the Codes before purchase. BUDGET AMENDMENT - PUBLIC HEALTH County Manager Eller reported that the Health Department had received a grant to provide medical services for indigent children in the amount of $13,348, which had been approved by the Board of Health at their meeting of September 11 with the request that the County Commissioners amend the budget to provide for acceptance of the grant. County Manager Eller recommended that the Commissioners amend the budget by appropriating the sum of $13,348 to the Revenue Item, School Health Grant, Account #44 368 13, and to the Expenditure Item, Professional Services, Account #44 590 04. Upon motion by Comm. Davis, seconded by Comm. O'Shields, the budget amendments as recommended by County Manager Eller were unanimously approved by the Board. ~ I / ACCEPTANCE OF PUBLIC EMPLOYMENT PROGRAM GRANT County Manager Eller reported that the North Carolina Manpower Council had advised that New Hanover County was eligible for a Public Employment Program grant in the amount of $28,218, which would provide for the employment of seven people through March 31, 1975. County Manager Eller stated that he would propose to hire people for the following positions: one Index Editor to assist the Clerk to the Board in indexing minutes prior to 1964; two carpenters; one painter; two general utility men; and one maintenance mechanic. Comm. Wright moved that this Grant be refused. Motion died for lack of a second. \~ l~ j '5 MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) , , ACCEPTANCE OF PUBLIC EMPLOYMENT jPROGRAM GRANT (CONTINUED) Comm. Davis moved, seconded by Chm. Powell, that this Grant be approved. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, O'Shields, Vaughan, ,and Chm. Powell. Voting Noe: Comm. Wright. . REQUEST OF SHERIFF GROHMAN THAT SERGEANT PAUL WOLFE RECEIVE PREVIOUS SERVICE CREDIT IN THE RETIREMENT SYSTEM County Manager Eller reported that the County Commissioners had previously set a policy that they would not grant credit for p:rior service. Sheriff Grohman had requested an exception in the case of Sergeant Paul Wolfe. County Manager Eller stated that he had been advised by the Local Government Employees' Retirement System that, while the annual retirement premiums paid by the County would increase very little on an annual basis, the present liability being assumed in this case would be $11,943.81. Comm. Vaughan requested that the Board agree by common consent to take no action on this request. This was agreed to by common consent. BUDGET AMENDMENT - HOSPITAL CONSTRUCTION FUND At the meeting of September 3, the County Commissioners had been requested to create a Hospital Construction Fund to account for the proce~s from the sale of Bond Anticipation Notes. The Commissioners had deferred action pending receipt of requested information from the Hospital Board of Trustees. County Manager Eller recommended that the budget be amended by creating a Hospital Construction Fund and appropriating as revenue under Account 1166 385 00, Sale of Bonds/Notes, the sum of $500,000 and appropriating the expenditure item, Account #66 660 72, Buildings, the sum of $500,000 unless additional information was needed. . Comm. Vaughan stated that he had been refused Dlinutes of the Executive Com- mittee meetings of the Hospital Board after several attempts at securing these. (For addition~ see page 23.) Comm. Wright stated that she would like to know when the Board of Trustees had been advised by the State th~t the State would not approve, the total 200 bed addition and, further, if the Board of Trustees had had this information prior to the meeting with the County Commissioners on August 19, why the 'Commissioners had not been advised of this at that meeting. By common consent, it was agreed that the Chairman would write the Board of Trustees and request that the Commissioners be furnished, individually, copies of the minutes of the Executive Committee meetings to be mailed in envelopes marked "Confidential" to the homes of the County Commissioners and, further, that he write them with regard to Comm. Wright's question regarding the 200 beds which had been proposed. No action was taken with regard to the Hospital Construction Fund. COUNTY PARTICIPATION IN CAROLINA BEACH RESTORATION PROJECT Mrs. Sheila Davis, Town Manager of Carolina Beach, appeared before the Board to request that the County Commissioners agree to participate in funding the local share of a beach restoration project beginning in fiscal year 1976-1977 and a 10- year nourishment project following the restoration. She stated that in 1963 the County had agreed to fund 40 percent of the local share for a beach restoration proj ect. '. County Manager Eller stated that he estimated the cost to New Hanover County would be $146,368 in fiscal year 1976-1977 for the restoration project and $27,360 per year for ten years for the nourishment project. Comm. Davis requested that he be permitted to abstain from voting on this issue because he had a conflict of interest, owning property at Carolina Beach. Comm. Vaughan moved, seconded by Comm. O'Shields, that Comm. Davis be per- mitted to abstain from voting on this issue. Upon vote, motion carried unanimously. .'''.''------..... .-"---co--.-.--'--"-.---...-----"---'-.--'--~'''-.,-----:-'---:---'----.,-.---.~ -- /:1 ti MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) COUNTY PARTICIPATION IN CAROLINA BEACH RESTORATION PROJECT (CONTINUED) Comm. Wright moved, seconded by Comm. O'Shields, th~t the Town of Carolina Beach be given the County's assurance of tentative approyal of participation in this project with the understanding that Carolina Beach ~ould actively pursue other avenues through whatever agencies were responsible~ Upon vote, motion car- ried as follows: Voting Aye: Comm. O'Shields, Wright, and Chm. Powe 11. . I Voting Noe: Comm. Vaughan. ~I . " Abstaining: Comm. Davis. FINAL PLAT APPROVAL - PORTERS NECK PLANTATION, SECTION G Mr. Terry L. Harlacher, Staff Planner, presented th,~ final plat of Porters Neck Plantation, Section G, for approval by the County C?mmissioners. He stated that the Subdivision Review Committee had approved this plat at their meeting of September 23, 1974. i Comm. Davis moved, seconded by Comm. Wright, that t~e final plat for Porters Neck Plantation, Section G, be approved and that the Cha:lrman be authorized to sign it. Upon vote, motion carried unanimously. REQUEST FOR RELEASE OF PERFORMANCE BOND - NORTH HILLS SUBDIVISION Mr. Irving Hewlett of Hewlett Realty Company had requested that the performance bond guaranteeing installation of improvements in North Ilills Subdivision be re- leased due to all required improvements having been inst~lled. County Engineer Epling recommended that the Commissioners release $600 of the $1,100 bond and that $500 be retained to guarantee completion of the improve- ments, i.e., mulching and repairing of wash-out areas a19ng the roadside shoulders. Upon motion by Comm. Davis, seconded by Comm. Vaughan, the Board unanimously concurred with the recommendation of the County Engineer: ., I 1)1 EXTENSION OF LETTER OF CREDIT - H & H DEVELOPMENT CORPO&~TION The Attorney for H & H Development Corporation had requested that the letter of credit guaranteeing improvements in Treasure Cove Subdivision be extended for an additional six months due to inclement weather and scarcity of certain materials having delayed the improvements as initially planned. County Engineer Epling recommended that the letter of credit be extended as requested with admonishment that attention be given to the erosion problems within the Subdivision. Upon motion by Comm. Davis, seconded by Comm. 0' ShiE!lds, the Board unanimously concurred with the recommendation of the County Engineer. COUNTY COUNCIL ON WOMEN Mr. Waverly F. Akins, President of the North Carolina Association of County Commissioners, had r.equested each County to establish a Courrilon Women. Comm. Vaughan moved, seconded by Comm. Davis, that the Chairman advise Mr. Akins that the Board considered his letter frivolous; that the woman Commissioner considered it insulting; that he was obviously 'politickir,g"; and that the Board had voted to advise him of such. Upon vote, motion carried .!'B follows: i Voting Aye: Comm. Davis, O'Shields, Vaughan, and Wright. ('\1 / Voting Noe: Chm. Powell. APPROVAL OF PUBLIC OFFICIALS BONDS FOR COUNTY MANAGER ELLER AS INTERIM COUNTY AUDITOR County Manager Eller advised that he had secured a bond in the amount of $50,000 covering his duties as Interim County Auditor and a bond iin the amOUnt of $25,000 covering his duties as Treasurer to the Board of Education. These were the same amounts as were in effect for the former County Auditor. : He stated that the bonds must be approved by the County Commissioners, signed by the Chairman, and approved by the County Attorney as to form. Upon motion by Comm. Davis, seconded by Comm. Wright, these bonds were unanimously approved by the Board and the Chairman was authorized to sign them. \~ . . . ,~ ;~l ~,q ~;~ MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) ACCEPTANCE OF 201 FACILITIES PLANNING GRANT County Manager Eller advised that the Environmental Protection Agency had offered a Federal Grant in the amount of $114,196 for the preparation of a Facilities Plan for the area designated as the Greater Wilmington Planning Area. He recommended that the Commissioners approve the acceptance of the Grant and authorize the Chairman to execute the agreement on behalf of the County. Comm. Vaughan offered the following resolution and moved its adoption. RESOLVED that the New Hanover Board of County Commissioners accept the offer of a Federal Grant from the Environmental Protection Agency in the amount of $114,196 for the preparation of a Facilities Plan for the planning area designated as the Greater Wilmington Planning Area under Section 201 of the Federal Water Pollution Control Act, and that ~hairman W. Douglas Powell be authorized to execute the grant agreement on behalf of! New Hanover County.. The motion having been duly' seconded by Comm. Davis, it was approved by the following vote: Voting Aye: Comm. Davis, O'Shields, Vaughan, Wright, and Chm. Powell. Voting Noe: None LEGISLATIVE GOALS CONFERENCE By common consent, any Commissioner who wished to attend the Legislative Goals Conference to be held in Raleigh October 16-18 was authorized to attend at County expense. PRIVATE EMPLOYMENT AGENCIES County Manager Eller requested clarification as to policy of the County with regard to recruiting through private employment agencies. The Board did not establish; any policy in this regard. COMMITTEE APPOINTMENTS The following committee appointments had been approved in Executive Session by the County Commissioners. The appointees had beem contacted, with the exception of Mrs. Alice von Oesen who was 9ut of the country, and had agreed to serve. County Manager Eller advised that the appointments Elhou1d be made official. Comm. Vaughan moved, seconded by Comm. Davis, that the following committee appointments be approved subject to Mrs. von Oesen'E: acceptance. Upon vote, motion carried unanimously. Mrs. Alice von Oesen - Mental Health Board - to fill the unexpired term of Mrs. Jan Morgan, term to expire June 30, 1978. Rev. Herbert L. AIDan - Zoning Board of Adjustment - to fill the unexpired term of J. C. Parker, Jr., term to expire November 15, 1975. Comm. Davis to the Airport Commission, term to expire July 31, 1975; Council of Governments, term to expire June 30, 1975; Legion Stadium Commission, term to expire June 30, 1975. Comm. O'Shields to the Council of Governments, term to expire June 30, 1975; I Mental Health Advisory Board, term to expire June 30, 1975. Chm. Powell to the Council of Governments, term to expire June 30, 1975; Legion Stadium Commission, term to expire June 30, 1975. Comm. Wright to the Board of Health, term to expire June 30, 1975; Lower Cape Fear Planning Unit, term to expire June 30, 1975. County Manager Eller to the Southeastern Econom.ic Development Commission, term to expire July 31, 1975. Sheriff H. G. Grohman to the Lower Cape Fear Planning Unit, term to expire June 30, 1975. ;'. J .._-----~----_.._--~._-_._--_.__._--~_._---'-.-----~~---------'- ~ I~O MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) CHAIRMAN TO WRITE RE OPEN HOUSE In that the Commission had not received an answer to their letter to Mr. Matthew E. Fisher dated September 6 with regard to The Open House being closed on July 4, it was agreed by common consent that the Chairman would address this question to Mr. Kenneth M. Sprunt, Chairman of the New Hanover Drug Abuse Committee. It was also agreed by common consent to request County Manager Eller to deter- mine whether or not any funds appropriated for The Open'House should be withheld due to the fact that they had terminated transient serv:lce. f) REPORT ON COLE-LAYER-TRUMBLE COMPANY County Manager Eller reported that Comm. Wright, Chm. Powell, Tax Administrator Powell and himself had met with officials of Cole-Layer--Trumble Company on Wednesday, October 2, 1974, with regard to the tax mapping and revaluation. He stated that Cole-Layer-Trumble officials had promised to do everything they could possibly do in order that the cards could be turned over to Tax Administrator Powell in time to be checked and mailed out and, further, that they were sending in seven or eight additional people in an attempt to accomplish this. WILMINGTON-LELAND "BOTTLENECK" Comm. O'Shields reported that he had attended a meeting on Friday, September 27, with Mr. Howard Zeller of the Environmental Protection Agency out of Atlanta who had agreed to look at the Wilmington-Leland "Bottleneck'~ and who had stated that he would personally initiate a reevaluation of the Proje,ct. CHAIRMAN TO WRITE SENATOR ROUNTREE REPROPERTY TAX Comm. Wright requested that Chm. Powell be authorized to write Senator Rountree, a member of the Tax Study Commission appointed by the North Carolina Legislature, to express the opinion that some alternative to property tax be found to finance local governments such as a local income tax or increased sales tax. This was agreed to by common consent. FEDERAL SURPLUS REAL PROPERTY - WRIGHTSVILLE BEACH Chm. Powell reported that he had received a letter from the Bureau Qf Outdoor Recreation asking if New Hanover County had an interest in acquiring the portion of the Wrightsville Beach Test Facility which had become FedevalSurplus Real Pro- perty. f\ ) In that the Town of Wrightsville Beach planned to aequire this property and develop it for public park and recreation purposes, it was agreed by common con- sent that Chm. Powell would notify the Bureau of Outdoor Recreation that New Hanover County had no interest in acquiring this property. BICENTENNIAL PARK AND COUNTY RECREATION Comm. Vaughan reported that the City of Wilmington \1aS planning to develop a park on the Cape Fear River in commemoration of the Bicentennial Celebration, and that he felt there would be a better chance of their receiving funds from the State if New Hanover County joined in this application. . Comm. Wright stated that she felt, if County funds "rere to be used, the recrea- tional areas should be developed out in the County where:the people were. Comm. Vaughan stated that he would be inclined to tell the City of Wilmington that the County would not compete for the State funds and let them put up the matching funds, which would give the City availability of a larger amount of funds that the County might otherwise take half of. By common consent, it was agreed that the County would work with the City of Wilmington in receiving State funds for the Bicentennial Park with the understanding that the City of Wilmington would appropriate the local matching share. f) By common consent, it was also agreed that Corom. Vaughan and County Manager Eller would continue their plans for developing recreational areas in the County with available funds. ~. .."- .-~---~ .~ _._---_._---._.-._--~.._---,~..._-_." ._-. .. . ' . . . l~ MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) LAND USE PLAN - NEW HANOVER COUNTY Chm. Powell reported tQat the Department of Natural and Economic Resources had funds allocated for developing land use plans as required under the Coastal Area Management Act and had inquired if New Hanover County would be interested in being used as a pilot land use development project. He stated that he had dis- cussed this with Planning Director Fender and that they shared the concern that this be a cooperative effort between the State and the County. Comm. Wright stated that she was leery of letting any of the County's zoning problems get to any higher level than the local levE;l. Chm. Powell stated that he felt allowing the State to use New Hanover County as a pilot project would be of substantial economic benefit to the County. Comm. Vaughan moved, seconded by Comm. Davis, that the County entertain the State's help in developing a land use plan and, if it got obnoxious, that the County would unentertain it. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, O'Shields, Vaughan, and Chm. Powell. Voting Noe: Comm. Wright. Comm. Wright stated that she had voted "noe" because she could not go along with relinquishing anything to the State because this was too big a problem for the local people who the Commissioners were representing. DISCUSSION OF PIEDMONT AIRLINES Comm. Vaughan stated that he felt the County Mcmager should write the President of Piedmont Airlines with regard to the unacceptable flight performance they were giving New Hanover County. Comm. O'Shields reported that he had attended the Airport Commission meeting on September 19, and that the Airport Commission was proceeding with getting the late flight straightened out and attempting to secure better schedules for New Hanover County. Comm. Vaughan stated that he would like to hav€! a "third level airline" investigated with regard to getting flights into Raleigh-Durham. SECONDARY ROAD FUNDS - SETTING PUBLIC HEARING By common consent, the public hearing with regard to the Secondary Road Funds for New Hanover County was set for October 24 after the public hearing on the pro- posed County Governmental Complex. PLAQUE FOR J. M. HALL, JR. By common consent, it was agreed that Chm. Powell would contact Mrs. J. M. Hall, Jr., to determine the best method for presenting the plaque to former County Commissioner J. M. Ha 11, Jr. EXECUTIVE SESSION Comm. Vaughan moved, seconded by Comm. O'Shields, that the meeting be recessed to go into executive session to discuss personnel. Upon vote, motion carried unanimously. Chm. Powell recessed the meeting to go into ex€!cutive session at 5: 15 p.m. Chm. Powell adjourned the executive session to go back into regular session at 5:35 p.m. APPOINTMENT OF COUNTY FINANCE OFFICER Upon motion by Comm. Davis, seconded by Comm. O'Shields, Mr. George Felix Cooper was unanimously appointed as the New Hanover County Finance Officer. Comm. O'Shields moved, seconded by Chm. Powell" that Mr. George Felix Cooper be employed at a salary of $19,000 annually. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, O'Shields, Vaughan, and Chm. Powell. Voting Noe: Comm. Wright. "., . " ,.,,,.--... .--- .,.....,."., ".---.,,- "--,,,.- .--.--....-.".-.-- .."._---.--~----_._--_.". --....., ,.. .... --.. ".... ,.-'-----~-----._---------,..----,., ..." ,. -------------:---:--~--.--:::""----~ ---- /" r' ""U MINUTES OF REGULAR MEETING, OCTOBER 7, 1974 (CONTINUED) APPOINTMENT OF COUNTY FINANCE OFFICER (CONTINUED) Comm. Vaughan stated for the record that the fact that the County Manager planned to use Mr. Cooper in Systems Analysis work, for which he was trained, would be very productive financially to the County. ADJOURNMENT Comm. Davis moved, seconded by Comm. O'Shields, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 5:40 o'clock p.m. 'f) Respectfully submitted, G<u- ,~ ~ Lise K. King Clerk to the Board k MINUTES OF SPECIAL MEETING, OCTOBER 8, 1974 ASSEMBLY The New Hanover Board of County Commissioners met in special session on Tuesday, October 8, 1974, at 11:00 o'clock a.m. in the llssembly Room, County Com- mission Building, Wilmington, North Carolina, to meet with members of the Board of Education and H. Gray Hutchison to discuss the School Pension Program. Members present were Commissioners Peter R. Davis; 'Claud 0' Shields, Jr. '; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powell; County Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. No members were absent. Members of the Board of Education present were Mr. Charles Wells, Mrs. Paula Williams, and Mrs. Vera Shands. Dr. Heyward C. Bellamy, Superintendent of County Schools, and Mrs. Nina Tenuta of the School'~ Accounting Department were also present. (') Chm. Powell called the meeting to order. H. GRAY HUTCHISON & ASSOCIATES - SCHOOL PENSION PLAN (For additions~ see page 23.) Mr. H. Gray Hutchison of H. Gray Hutchison & Associates, Inc., met with the Board to present a supplement to the June 25, 1974, Actuary's Report of the Public School System of New Hanover County Supplementary Pension Plan. Mr. Hutchison requested that the Board of Commissioners modify their action approving the recommendation for eliminating the contingent liability for terminated employees to agree with the Board of Education's resolution. Comm. Vaughan moved, seconded by Comm. Davis, that the New Hanover Board of County Commissioners herewith amend the resolution adopt,~d at their meeting of July 15, 1974, by changing from July 1, 1975 to August 6~ 1974 the effective date for elimination of benefits to terminated employees who had not completed 20 years of continuous or broken servic~ as of the date of their terminations. Upon vote, motion carried unanimously. Mr. Hutchison presented the following alternatives for reducing the annual cost of the School Pension Plan. I), (1) Discontinue altogether the entire Supplementary Program except for the ones retired. (2) Reduce the supplementary formula to a percentage (21%) which, in effect, would eliminate all active people in that the State Teachers' Retirement System based on 20 years at l~% and actuarially reduced for payment at age 60 (85% of age 65 benefit) would provide in full the 21% called for in the revised formula. ~.