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1975-04-21 Regular Meeting MINUTES OF REGULAR MEETING, APRIL 21, 1975 ~ '1',6:9 : I I 'tlIIIl1 I I ! ASSEMBLY The New Hanover Board of County Commissioners m,~t in regular session on Monday, April 21, 1975, at 9:00 o'clock a.m. in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners George E. Alper; Claud O'Shields, Jr.; William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Attorney, James C. Fox; County Manager, Dan W. Eller, and Clerk to the Board, Lise K. King. I .NO members were absent. Chm. Davis called the meeting to order. Rev. C. Douglas Fanner of the Winter Park BaptiBt Church offered the invocation. PRESENTATION OF THANK YOU NOTE Chm. Davis read a note received from the family of J. M. Hall, Jr., thanking the staff and Commission for the wreath received. TABLING OF VERBATIM TRANSCRIPT, MARCH 17, 1975 Chm. Davis moved, seconded by Corom. Alper, that approval of the verbatim trans- cript from the meeting of March l7, 1975, be tabled until the meeting of May 5, 1975. Upon vote, tabling motion carried as follows: Voting Aye: Comm. Alper, :O'Shields, Taylor, and Chm. Davis. Voting Noe: Corom. Wright. APPROVAL OF MINUTES: REGULAR MEETING, APRIL 7, 1975 Corom. Wright requested that on Page 164 under "Policy re Verbatim Transcripts" the record show that County Attorney Fox had assured the Board that it was legal to withhold verbatim transcripts until they had been apI>roved by the Board. Upon motion by Comm. O'Shields, seconded by COnIDl. Alper, the minutes of the .regUlar meeting held on April 7, 1975, were unanimom;ly approved as amended. APPROVAL OF MINUTES: SPECIAL MEETING, APRIL la, 197~ Upon motion by Corom. O'Shields, seconded by Comnl. Alper, the minutes of the special meeting held on April 10, 1975, were unanimously approved as presented. APPROVAL OF MINUTES: SPECIAL MEETING, APRIL 14, 197~~ Upon motion by Corom. O'Shields, seconded by Comnl. Alper, the minutes of the special meeting held on April 14, 1975, were unanimously approved as presented. INTENT TO APPROPRIATE FUNDS IN FY 75/76 - SCHOOLS Dr. Heyward C. Bellamy, Superintendent of County Schools, appeared before the Board and requested that the Board give its intent to appropriate the following items in the School Budget for fiscal year 1975/1976. 1) Capital Reserve plus additional reserve 2) Ten School Buses 3) Textbooks 4) Kindergarten Furniture 5) Audio Visual Service Vehicle . 6) Instructional Supplies 7) Drainage Work at Peabody School $ 33,62l carryover 50,000 105,000 78,580 8,100 6,695 82,000 1,803 Comm. O'Shields asked County ~ttorney Fox if there would be an evasion of the law in the Board's givin9 their intent to appropriate these funds in the 75/76 budget. . ~. , ' ~ ".'. .__.~_. . -_.---_._-------_..~- --...-. ..---,._--_._--,-~_.._----- , .. i "-'---'-;"- .....--- -, :-~-_.....--,.._' ._,--_........ -,-_......_..~-_.._---,--,_._.~-,-,~ (70 MINUTES OF REGULAR MEETING, APRIL 21, 1975 (CONTINUED) INTENT TO APPROPRIATE FUNDS INFY 75/76 - SCHOOLS (CONTINUED) County Attorney Fox stated that, as ,long as the Board understood and Dr. Bellamy understood, that this was the Board's signification of what it intended to do in the future and that it did not bind the Board in any way and that, as long as the Board was not entering into any contract and was not authorizing Dr. Bellamy to enter into any contract on their behalf, there would be no evasion of the law. Comm. O'Shields moved, seconded by Comm. Alper, that the Board give its intent to appropriate in the budget for fiscal year 1975/1976 th~ amounts requested by Dr. Bellamy. Upon vote, motion carried as follows: ~ / Voting Aye: Comm. Alper, O'Shields, Taylor, and Chm. Davis. Voting Noe: Comm. Wright. Comm. Wright stated for the record that she was voting against this motion \ because she felt that it was an evasion of the law; that ~he did not think the Board should be put in the position of being asked to approve sqmething that should not be approved because the law said you could not spend the funqs; and also because, when the Commission gave early approval to items such as these; these items were not ,dis- cussed anymore during the budget sessions. DENIAL OF REQUEST FOR NO-WAKE ZONE County Manager Eller reported that he had received requests from four residents that no-wake zones be established in a section of Myrtle Grove Sound. Chm. Davis read the following policy of the Corps of Engineers with regard to no-wake zones in the Intracoastal Waterway. "with regard to the establishment of "no wake" zones in Federal waters, such as the AIWW, the Wilmington District Corps of Engineers has developed a policy of disallowing such after intensive study and thorough coord~nation with concerned Federal, State and County agencies. Title 33, Code of Fe~eral Regulations, Section 207-160 under the title of Speed, states that it is unlawful for vessels to proceed at speeds which would endanger other vessels or structures. This law, properly enforced should adequately serve to protect property and provide safe waters without the establishment of a "no wake" zone. Also, to require ~lll traffic, including commercial tows, to proceed creating no appreciable wake within the confines of this commercial highway of water transportation would most certainly constitute an unreasonable interference with navigation. In our opinioA, unreasonable slowing down of vessel traffic cannot be required as it would nullify the navigation benefits on which the AIWW was justified. Property owners who havh elected to locate their houses, docks, piers, bulkheads, and other holdings withi~ an area clearly and irrevocably dedicated to commerce and transportation must: realize that a request to unreasonably regulate navigation, thus negating benefits for which the waterway was designed, must certainly be denied." i ~ ) Comm. Alper moved, seconded by Comm. O'Shields, that these requests for no-wake zones in Myrtle Grove Sound be denied. Upon vote, motion carried unanimously. PUBLIC HEARING The Clerk to the Board reported to the Board of Commissioners that a notice had been published in the Wilmington Morning Star on April 5 and 12, 1975, that the Board of Commissioners would hold a public' hearing at 9:30 a.m. with regard to the following rezoning request, applications for special use permit, proposed amendments to the New Hanover County Zoning Ordinance, and appeal fr;)m the recommendation of the Planning Commission. Chm. Davis opened the public hearing to discussion. I i) PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPE:~TY LOCATED ON THE NORTH SIDE OF PARK AVENUE BETWEEN WALLACE AVENUE AND WOODALE A~~NUE FROM 0&1 (OFFICE & INSTITUTIONAL DISTRICT) TO R-15 (SINGLE FAMILY DISTRICT) IN ZONING AREA #9B. Planning Director Richard A. Fender stated that the ,Planning Commission had considered this request at their meeting of April 2 and had recommended that this rezoning request be approved. He stated that the Planning Department concurred in this recommendation. \ ~ 1711 ! MINUTES OF REGULAR MEETING, APRIL 21, 1975 (CONTINUED) PUBLIC HEARING - PARK AVENUE FROM 0&1 TO R-15 (CONTINUED) Mrs. Elizabeth Bland appearep before the Board on behalf of the Petitioner. ~ ii Chm. Davis asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Chm. Davis 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 Area #9B of New Hanover County, North Carolina, Adopted July l, 1972" be adopted. Upon vote, motion carried unanimously. The Ordinanc~, as adopted and signed, is contained in Zoning Ordinance Book I, Section 9B, Page 20. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE NORTH SIDE OF BLUE CLAY ROAD APPROXIMATELY 5,100 FEET NORTH OF THE INTERSECTION OF BLUE CLAY ROAD AND THE SEABOARD COASl'LINE RAILROAD FOR A MOBILE HOME IN ZONING AREA #8B. Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of April 2 and had recommended that this special use permit be issued based on the plan as submitted with the application for special use permit. Planning Director Fender stated that he had received a letter from Attorney Harold P. Laing, representing W. S. Funderburg, requesting that this item be tabled because Mr. Funderburg believed that the plan encroached upon his property but that Mr. Funderburg could not be present at the hearing due to beillg out of town. Mr. Fender stated that the property in question was on the back of the property and that the mobile home was proposed to be located on the front part of the property. Mr. Fender recommended that the special use permit be issued with the mobile home to be placed to a depth of 500 feet from Blue Clay Road. After the Commission had considered the following four items and found them to .be fact, (a) that the use would not materially endanqer the public health or safety if located where proposed and developed according to the plan as submitted and ap- proved; (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 har- mony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Chm. Dav:Ls moved, seconded by Comm. Taylor, that this special use permit be issued based on the plan as submitted with the appli- cation for special use permit and amended by the New Hanover Board of County Commis- sioners to include an area not to exceed 500 feet in depth from the right-of-way line of Blue Clay Road. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE NORTH SIDE OF BLUE CLAY ROAD APPROXI~mTELY 5,000 FEET NORTH OF THE INTERSECTION OF BLUE CLAY ROAD AND THE SEABOARD COASTLINE RAILROAD FOR A MOBILE HOME IN ZONING AREA #8B. Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of April 2 and had recommended that this special use permit be issued based on the plan as sul~itted with the application for special use permit. Planning Director Fender stated that, as with the preceeding special use Mr. W. S. Funderburg believed that the plan encroach€id upon his property. As .preceeding case, Mr. Fender recommended that the special use permit be issued the mobile home to be placed to a depth of 500 feet from Blue Clay Road. I permit, in the with After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially encanger 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 sulrnitted and approved, would be .... ..-:-~ ..,-............- ..--..-,.-.-----...~.,~c-..---.-:_-:--..--:--. -, .:--: --...~ / {tl72 , MINUTES OF REGULAR MEETING, APRIL 21, 1975 (CONTINUED) PUBLIC HEARING - SPECIAL USE PERMIT FOR MOBILE HOME ON BLl'E CLAY ROAD (CONTINUED) in harmony with the area in which it was to be located anc; in general conformity with the plan of development for New Hanover County, Chm. ;Davis moved, seconded by Comm. Taylor, that this special use permit be issued baseCi on the plan as submitted with the application for special use permit and amended by' the New Hanover Board of County Commissioners to include an area not to exceed 500~feet in depth from the right-of-way line of Blue Clay Road. Upon vote, motion cc,rried unanimously. PUBLIC HEARING TO CONSIDER AN APPL;ICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE SOUTH SIDE OF, CAROLINA BEACH ROAD (U. S. HWY. 421) BETWEEN RALEIGH STREET AND SUNNYVALE ROAD FOR A MOBILE HOME' IN ZONING AREi. #9B. r\ ) Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of April 2 and had recommended that this special use permit be issued based on the plan as submitt~d with the application f . 1 . 1 or specla use permlt. i Chm. Davis 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 1:he location and character of the use, if developed according to the plan as submittE~d 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. Taylor, that this special use permit be issued bilsed on the plan as submitted f with the application for special use permit. Upon vote, lotion carried unanimously. PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE - RE KENNELS f) Planning Director Richard A. Fender New Hanover County Zoning Ordinance with Planning Commission had considered these had recommended that they be adopted. presented the pr()posed amendments to the regard to "kennels" and stated that the amendments at th~ir meeting of April 2 and ; Mrs. Julian Inscoe and Mrs. Joy Finders appeared before the Board in favor of the proposed amendments. Upon motion by Chm. Davis, seconded by Comm. Taylor, the following amendments to the New Hanover County Zoning Ordinance were unanimously adopted. 1. Amend Article II, Section 23 by adding the follm\7ing: 23-49 Kennel - An establishment wherein any per:,on engages in business or practice, for a fee, of boarding, breedinq, grooming, letting for hire, or training of more than three (3) domesticated animals at anyone time; or an establishment wherein: any person engages in the business or practice, for a fee, of selli~g more than one (1) litter of domesticated animals at anyone time Of the selling of any three (3) individual domesticated animals; (not defined as a litter herein) at anyone time. Domesticated animals, for the purpose of this Ordinance, shall De defined as dogs, cats, and other generally acceptable hous~hold pets. Litter, , for the purpose of this Ordinance, shall pe defined as the progeny resulting from the breeding of two domesticated I animals. The following shall not constitute the operation of a Kennel as defined above and in no wa~ shall this provision regulate the following: j (a) The ownership of domesticated animals as household pets; (b) The ownership of domesticated animal~ for hunting or j tracking purposes; ; i (c) The ownership of domesticated animals for the purpose of exhibiting at shows, obedience or field trials; and r) \ "- "- .......... '..,- ,~ ~' f I \ ~ 1:~7;3 MINUTES OF REGULAR MEETING, APRIL 21, 1975 (CONTINUED) PUBLIC HEARING - AMENDMENTS TO ZONING ORDINANCE RE KENNELS (CONTINUED) (d) The ownership of domesticated animals for the purpose of protection or guarding of residences or commercial establishments. " 2. Amend Article VII, Section 72 by adding the following: . 72-26 Kennel ~ A kennel may be permitted in the R-15 and R-20 Residential Districts provided: (1) Minimum lot size shall be as follows: l-lO animals...............................2 acres 11 to 20 animals........................... 4 acres 2l to 30 animals.............. . . . . . . . . . . . . .6 acres For each additional acre beyond six (6) acres, an additional ten (1m animals may be permitted. The minimum lot size requirements may be waived if a kennel is constructed to entirely enclose all kennel facilities so as to adequately protect all animals from weather extremes and to protect adjacent residents from noise, odors, and other objectionable characteristics, pro- vided all building setback requirements are in accor- dance with Section 72-26 (3). (2) All lots, on which a kennel is located, must have direct access onto a street that meets the minimum requirements for acceptance and maintenance by the North Carolina State Highway Commission. (3) All structures shall have minintum side and rear yards of fifty (50) feet. Additional front, side and rear yard setbacks may be required as determined by the Building Inspector dependent upon proposed kennel con- struction. (4) Sewage disposal system and sanitation control methods as approved by the New Hanover County Board of Health shall be required for all kennels. (This provision shall include, but shall not be limited to, the sanitary re- moval or disposal of solid waste, 'carcasses, or any other items deemed necessary for removal or disposal because of unsafe or unsanitary conditions by the Health Department or Building Inspector.) (5) No outside sign in excess of two and one-fourth (2-1/4) square feet in area shall be permitted. (6) Other conditions, including, but not limited to, buffering and noise controls that provige adequate protection for adjacent residential properties as may be deemed reasonable and appropriate for each kennel by the Planning Commission and the Board of Commissioners. . PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS ~ro THE NEW HANOVER COUNTY ZONING ORDINANCE - RE HOME OCCUPATION Planning Director Richard A. Fender presented the proposed amendments to the New Hanover County Zoning Ordinance with regard to "home occupation" and stated that the Planning Commission had considered these amendments at their meeting of April 2 and had recommended that they be adopted. The following persons appeared before the Board in opposition to the proposed amendments: Mrs. Cecelia H. Pleasants, Mr. John McKinney and Mr. Danny Rochelle. . Comm. Wright question~d the fact that the "kenDE!l" amendments approved by the Board permitted an outsid~7g~ two and one-fourth squclre feet in area while the "home occupation" amendment as presented permitted a sign of only two square feet in area. Planning Director Fender stated that the "'l-Iome occupation" ordinance was in error and that this should also read two and one-fourth (2-1/4) square feet in area. -, '''---..--- "---.-,.....-- --....- ---- -.. ..'-".--.,-,.. ...." ------,- --.... ~0"-"-"--"- .-....-:__.~ /" (11 4 '" MINUTES OF REGULAR MEETING, APRIL 21, 1975 (CONTINUED) PUBLIC HEARING - AMENDMENTS.TO ZONING ORDINAN~E RE HOME OCCUPATION (CONTINUED) Chm. Davis moved, seconded by Comm. Alper, the following: l) That the final sentence of 23-16 (e) be amended to read as follows: "Vehicles used primarily as passenger vehicles including pickup trucks and step- type vans only shall be permitted in connection with the conduct of the customary home occupation" rather than "Vehicles used primarily as' passenger vehicles only shall be permitted in connection with the conduct of the' customary home occupation." ~: i, /' 2) That 23-16 (h) be amended to read as follows: "Instruction in music, dancing, or tutoring of academic subj ects shall be limi t,ed to four (4) students at a time" rather than "Instruction in music, 'dancing, qr tutoring of academic subjects shall be limited to two (2) students at a time.'" Upon vote, motion carried unanimously. Comm. Taylor moved, seconded by Corom. Alper, that ~3-l6 (g) be amended to read as follows: "No display of products shall be visible from the street and the selling of merchandise or the manufacture of merchandise for sale except baking, sewing, and/or homecrafts normally made in the home cannot be the primary function of the home occupation; and" rather than "No display of product::s shall be visible from the street and the selling of merchandise or the manufactur~ of merchandise for sale cannot be the primary function of the home occupation; ~nd." Upon vote, motion carried unanimously. l ! i Upon motion by Corom. Taylor, second~d by Comm. Alp€!r, the following amendments to the New Hanover County Zoning Ordinance regarding "home occupation" were unanimously adopted. 1. Amend Article VII, Section 72-8 by deleting s~)e. 2. Amend Article II, Section 23-16 to read as fol~ows: 23-16 ~ Home Occupation - An occupation for gain or support customarily conducted on the premises by a person or family residing thereon provided: : (a) Only one (1) person other than merl~ers of the family residing on the premise shall be engaged in such occupation; , (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; (c) There shall be no change in the oui:side appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one (l) sign, not exceeding two and one-fourth (2-1/4) sq. ft. in area, non-illuminated, and mounted flat against the wall of the principal building; , (d) No home occupation shall be conduc~ed in any accessory ~iMi~; , (e) No traffic shall be generated by sllch home occupation in greater volumes than would normally be expected in a resid~ntial neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in any required yard. Vehicles used primarily as passenger vehicles including pickup trucks and step-type vans only shall be permitted in connection with th~ conduct of the customary home occupation; (f) No equipment or process shall be used in such home occupa- tion which creates noise, vibratio~, glare, fumes, or electrical interference detectable: to the normal senses off the lot, if the occupation is '::onducted in single family residences or outside the d~elling unit if con- ducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual: or audible inter- ference in any radio or television receivers off the I)",' I) ,. ~~ I '" -" 17:5 MINUTES OF REGULAR MEETING, APRIL 21, 1975 (CONTINUED) PUBLIC HEARING - AMENDMENTS TO ZONING ORDINANCE RE HOME OCCUPATION (CONTINUED) premises, or causes fluctuations in line voltage off the premises; (g) No display of products shall be visible from the street and the selling of merchandise or the manufacture of merchandise for sale except baking, sewing, and/or homecrafts normally made in the home cannot be the primary function of the home occupation; and (h) Instruction in music, dancing, or tutoring of academic subjects sh~ll be limited to four (4) students at a time. . . 3. Amend Article V, Section 5l-3 by deleting the following: (9) Home occupation. 4. Amend Article V, Section 5l-2 by adding the following: (l2) Home occupation. 5. Amend Article V" Section 52-3 by deleting the following: (11) Home occupation. 6. Amend Article V, Section 52-2 by adding the following: (12) Home occupation. 7. Amend Article V, Section 53-3 by deleting the following: (11) Home occupation. 8. Amend Article V, Section 53-2 by adding the following: (12) Home occupation. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE ru~COMMENDATION OF THE PLANNING COMMISSION TO REZONE PROPERTY LOCATED ON THE WEST SIDE OF MASONBORO LOOP ROAD JUST NORTHWEST OF THE INTERSECTION OF MYRTLE GROVE LOOP ROAD AND MASONBORO LOOP ROAD FROM R-l5 (SINGLE FAMILY DISTRICT) TO R....IO (SINGLE FAMILY 'DISTRICT) IN ZONING AREA #4. Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of April 2 and had recommended that this request be denied. He stated that the Planning DepaJ:tment concurred in this recom- mendation. The following persons appeared in favor of this rezoning request: Mr. John Richard Newton, Attorney at Law, representing the Petitioners Messrs. Everett Hale and Alvin E~ Greenfeld, who were also pl~esent. Messrs. Bill Grathwol, Jack Stocks and Howard Loughlin also appeared in favor of this request. Mr. Roy Mallott appeared in opposition to this rezoning request. Comm. Wright moved, seconded by Comm. O'Shields, that this rezoning request be approved. Chm. Davis offered meeting of May 5, 1975, . the substitute motion that this item be tabled until~ the Upon vote, tabling motion cc,rried unanimously. Chm. Davis closed the public hearing to discussi.on. PUBLIC HEARING - AMBULANCE FRANCHISE ORDINANCE The Clerk to the Board reported to the Board of Commissioners that a notice had been published in the Wilmington Morning Star on April 12 and 19, 1975, that the Board of Commissioners would hold a public hearing at 10:00 a.m. with regard to the Ordinance entitled "An Ordinance Making it Unlawful to Provide Ambulance Service in New Hanover County without a Franchise." ~ I --~,_.,'--,-,_.----,-_..;,-_._~~ ~ (176 MINUTES OF REGULAR MEETING, APRIL 21, 1975 (CONTINUED) PUBLIC HEARING - AMBULANCE FRANCHISE ORDINANCE (CONTINUED) Chm. Davis opened the public hearing to discussion. The following persons appeared before the Board in this regard: Mr. Henry Hoyle, New Hanover Ambulance Service; Messrs. Hilton Jones, Jeff Tripp and Clifford A. Greer, New Hanover Volunteer Rescue Squad; Mr. Fred Hardy of the Office of Emergency Service; Mr. James E. Grisdale of the Carolina Beach Fire Department; Mr. Tim W. Caulder, Secretary of the Ogden Rescue Squad; and Mr. C. Pender Burke of Burke-Yopp Ambulance Service. (For addition, see Page 185.) , ,'~ Chm. Davis moved, seconded by Corom. Alper, that the Ordinance as proposed be adopted with the deletion of Section 2-e removing the rescue squads as an exception. Upon vote, motion carried unanimously. The Ordinance, as'adopted, is as follows: AN ORDINANCE MAKING IT UNLAWFUL TO PROVIDE AMBULANCE SERVICE IN NEW H1',.NOVER COUNTY WITHOUT A FRANCHISE ' R E C I TAL S : WHEREAS, the Board of Commissioners now finds, after notice and public hearing, that it is necessary in order to assure adequate and conti.nuing ambulance services for the citizens of this County, and to preserve, protect and promote the public health, safety and general welfare of the citizens of this County, to adopt this ordinance making it unlawful to provide ambulance services within t0is County without a franchise; and ' WHEREAS, the Board of County Commissioners will be receptive at all times to receive and consider applications for a franchise to provIde general ambulance services within this County if the applicant can establish that he is willing and able to provide adequate services to all citizens of this County who are i.n need of such service. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY THAT: 1 ) 1. It shall be unlawful for any person to provide ambulance services or to operate ambulances within New Hanover County without havi~g first been granted a franchise to do so. 2. The term "ambulance" as used in this ordinance includes any privately or publicly owned vehicle that is specially designed, constructed or modified and equipped and is intended to be used for and is maintained or opera fed for the transportation upon the streets or highways of New Hanover County of per~ons who are sick, injured, wounded or otherwise incapacitated or helpless. Said tern~ does not include: (b) catastrophe or Hanover County (a) Privately owned vehicles not ordinarily USE'!d in the busi.ness of trans- persons who are sick, injured, wounded or otherwi~e incapacitated or helpless; l Any vehicle rendering service as an ambula~ce in case of a major emergency when ambulances operated under franchise and based in New are insufficient to render the services required; porting (c) An ambulance may not a location within granted under the ambulance based outside of New Hanover County except that such receive a patient within New Hanover County for transportation l New Hanover County unless operate& pursuant to ,a franchise provisions of this ordinance; ! to (d) Ambulances owned and operated by an agency of the United States Government, the State of North Carolina, New Hanover County, or incorporated munici- palities. ~ ) 3. Any person who shall violate the provisions of this ordinance shall be guilty of a misdemeanor punishable by a fine of not more than $5Q.00 or imprisonment for not more than thirty (30) days in the discretion of the Csurt, as provided by Section 14-4 of the General Statutes of North Carolina. 4. This ordinance shall be effective on the lst day of June, 1975. , ~~ ~;; -., 1'17 ?:'~,' MINUTES OF REGULAR MEETING, APRIL 21, 1975 (CONTINUED) LUNCH RECESS Chm. Davis recessed the meeting for lunch from 12:30 to 1:30 p.m. ACCEPTANCE OF AIRPORT MASTER PLAN Mr. John Black of Talbert, Cox & Associates appeared before the Board along with Dr. C. E. Hartford, Chairman of the Airport Conooission; Mr. John A. Westbrook, Airport Manager; and Mr. Rudolph~Shackleford, Assist:ant Manager, to present the Airport Master Plan for the New,Ha.!'lover County Airport as required by the Federal Aviation Administration. . Chm. Davis moved, seconded by Comm. Alper, that The Master Plan for New Hanover County Airport, Bluethenthal Field, prepared by Johr, Talbert & Associates, Inc., dated October, 1974, be accepted:by the County Commi.ssion with the understanding that there was no obligation on the County's part to expend any funds or to zone accordingly and that the Board understood that the Federal Government was not obli- gated to fund the County according to the plan and, further, with the understanding that the County was not bound by any of the recommer,dations contained in the plan. Upon vote, motion carried unanimously. EXCHANGE OF AIRPORT PROPERTY The County Commissioners were requested to approve the exchange of approximately 39 acres owned by New Hanover County to the National Guard in return for approximately 41 acres owned in fee by the National Guard and to approve acceptance of title to approximately 33.1 acres owned by the U. S. Government. Chm. Davis moved, seconded by Comm. Taylor, that the Board authorize Airport Manager We~lrook and County Mgr. Eller to continue handling these negotiations and to come back to the Commission with the best offer. Upon vote, motion carried unanimously. TABLING OF AERONAUTICS, INC., LEASE As required by N. C. G. S., notice had been published in the Wilmington Morning Star on March 28, 1975, that the County Commissioners would consider at their meeting . of April 7, i975, leasing additional property to Aeronautics, Inc. This item had been tabled at the meeting of April 7, 1975, to the meeting of April 2l, 1975, as requested by County Attorney Fox due to questions raised by Aeronautics, Inc., regarding the terms of the lease. County Attorney Fox reported that these questions had not yet been resolved and requested that the Commission table this item to the meeting of May 5, 1975. Upon motion by Chm. Davis, seconded by Comm. Al]?er, consideration of the lease agreement with Aeronautics, Inc., was unanimously tabled to the meeting of May 5,1975. BUDGET TRANSFERS - SOCIAL SERVICES At the April 7 meeting, the Commission had tabled a request of the Board of Social Services for additional funds for Aid to Families with Dependent Children (AFDC) and had requested that M1SS Lela Moore Hall, Director of Social Services, appear before the Board to discuss this request with the Commissioners. Miss Hall appeared before the Board and stated that, with regard to a report that the Supreme Court had ruled that payments did not have to be made for the unborn child, her office had not been notified of thi.s decision. Upon motion by Comm. Alper, seconded by Comm. O'Shields, the following transfers were unanimously approved as requrested. . l) $27,385 to be transferred from Account #4l €il6 19, Boarding Homes for Children, to Account #41 613 19, AFDC. 2) $22,378 to be transferred from Account #41 617 19, Medical Aid to Indigents. to Account #41 613 19, AFDC. County Mgr., Eller reported that, with the above transfers to AFDC, it was still projected that they may be $9,863 short by the end of the fiscal year. He stated that they would continue to monitor these expenditures and, if necessary, request an additional transfer at a later date. ,-'...-....-..----.-.. ;;~--'--'-'-~ / (178 ...... ,It. MINUTES OF REGULAR MEETING, APRIL 21,.l975 (CONTINUED) REPORT ON TITLE XX Miss Lela Moore Hall, Director of Social Services, reported that Title XX must be in effect by October 1, 1975, and that the Department I of Social Services was acting as the Planning Agency and had received a number ?f applications from service agencies. She stated that the Governor had not designated a Planning Agency but it was assumed that it would be the Department of Social Sefvices. She stated that she would keep the County Manager posted on progress bei~g made. ~ AUTHORIZATION OF TRAVEL - SOCIAL SERVICES In accordance with the Expenditure Reduction Policy, Chm. Davis moved, seconded by Comm. Alper, that the Board authorize up to six perso~s from the Social Services Department to attend the Child Welfare League to be held in New Orleans, Louisiana, May 28, 29 and 30, 1975, if sufficient funds for this were available in the Social Services' Travel appropriation. Upon vote, motion carried unanimously. , I ~ / NOTICE OF RENEWAL OF VOLUNTEER FIRE DEPARTMENT AGREEMENT:,:; As required by the contract between the County and the Volunteer Fire Departments, Chm. Davis moved, seconded by Comm. Wright, that the Boa~d notify the Volunteer Fire Departments, in writing, that they wished to renew the contracts, with the understanding that the amount of County contribution would be decided ~t the time the budget was adopted. Upon vote, motion carried unanimously. ; DISCUSSION OF CHANGE IN COMPOSITION OF COUNTY COMMISSION BOARD Chm. Davis had requested that the Commissioners con?ider increasing the Board from five to seven members with one of these being elect~d separately as Chairman. Chm. Davis requested that the Commissioners hold a public hearing on this ques- tion with the thought of asking for legislation to enable this composition for the . , Board 1n New Hanover County. i County Mgr. Eller reported that the last date for the acceptance of local bills had been April 1, 1975, but that he believed legislation'had been introduced regarding the composition of County Commissions and, if so, he would acquire copies of this pending legislation for the Commissioners review and co~nent. This was agreed to by common consent. ~ I I SALE OF COUNTY PROPERTY Tax Administrator Larry Powell had received offers to purchase three county- owned properties as follows, which had been tabled at thr meeting of April 7 to get the 1974 and 1975 tax values. { J ~p4'l1: l) 812 Red Cross Street /971- -l 97.s Tax Value $4,810 1975 Tax Value $3,970 Offer $l,500 2) 715 Nun Street 1,590 2,770 2,500 3) Two-acre tract adjacent to Westchester Subdivision 800 2,000 2,000 Upon motion by Comm. O'Shields, seconded by Comm. Taylor, the Tax Administrator was unanimously authorized to advertise these properties for sale in accordance with the Policy for Disposal of County Real Estate. REPORT FROM COLLECTOR OF REVENUE Upon motion by Comm. Wright, seconded by Chm. Davis, the report from Janie B. Straughn, Collector of Revenue, for collections through March 31, 1975, was unanimously accepted by the Board. This report is contained in Exhbiit Book II, Page 79. tji RESOLUTION APPROVING PUBLIC AUCTION - OLD FURNITURE Comm. Alper offered the following resolution and mO'iTed its adoption. The motion having been duly seconded by Comm. Taylor, it was adopted unanimously. BE IT RESOLVED that the New Hanover Board of County Commissioners, pursuant to North Carolina General Statute 153-176, does hereby order the following: \~ . . . [( , -., 179 MINUTES OF REGULAR MEETING, APRIL 2l, 1975 (CONTIN~ED) RESOLUTION APPROVING PUBLIC AUCTION - OLD FURNITUR~ (CONTINUED) 1. That the County Finance Officer, George F. Cooper, is hereby designated the official to. dispose of the following personal property at public auction. Minimum amount that each item will be sold for is indicated. Old Furniture from County Farm ITEM DESCRIPTION MINIMUM BID 1 2 3 4 5 6 7 8 9 lO 11 Manual Sewing Machine "Lester" Player Piano 2 - part desk Small chest wi cabinet door Wash stand chest wlo mirror Painted table Hand made rocking chai:, Office chair 4 drawer desk Large trunk Small trunk $25.00 75.00 50.00 20.00 20.00 10.00 20.00 10.00 20.00 lO.OO lO.OO 2. Said public auction shall be held on Satu~day, May 3, 1975, at 11 A.M., at the Courthouse parking lot, corner of J-1arket Street and Third Street, Wilmington, North Carolina. Items will be available for examination from 8:00 a.m. to 11:00 a.m. on the day of the auction. 3. All items will be sold for cash (no check:;) and the purchaser will be required to remove the purchase from the premise with his own transpor- tation. 4. A copy of this order shall be published in the Wilmington Star News on April 22, 1975. ABATEMENTS & REFUNDS AND TRANSFER OF FUNDS - TAX Corom. Wright requested that County Attorney ments and refunds contained in Tax Administrator to determine if they could be legally'approved. these requests could be approved legally. DEPARTMENT (For correction, see Page Fox review the requests for abate- Powell's memorandum of April 17 County Attorney Fox reported that 185) Corom. Alper moved, seconded by Comm. O'Shield:;, that the requests for abatements and refunds contained in Tax Administrator Powell':; memorandum of April 17, 1975, be approved and, further, that the request for a tranGfer of $1,853 from Contingencies, Account #ll 445 61, to Tax Refunds and Payments, Account #11 450 60, be approved as requested in the same memorandum in order to pay these refunds. Upon vote, motion carried unanimously. This memorandum is contained in Exhibit Book II, Page 80. POLICY RE TAPES OF COUNTY COMMISSION MEETINGS Upon motion by Comm. Wright, seconded by Corom. Alper, the Board unanimously agreed that tapes of County Commission meetings would be retained for a period of three years before being erased as recommended by County Mgr. Eller. APPROVAL OF EQUIPMENT PURCHASES - HEALTH DEPARTMEN'r Upon motion by Comm. Alper, seconded by Comm. Wright, the Board unanimously approved the purchase of a Centrifuge for the labo:,atory at a cost of $2,073 and a file cabinet for approximately $375 to be purcha:;ed from Capital Outlay - Equipment in the Health Department Budget. AUTHORIZATION OF TRAVEL - HEALTH DEPARTMENT Upon motion by Corom. Wright, seconded by Comm. O'Shields, a request from Dr. Knox that Mrs. Ann Strickland be authorized to attend a Family Planning Workshop at Emory University, Atlanta, Georgia, on June 5 and .June 6 was unanimously approved. This trip was to be financed by Region "0" Family Planning but would be paid through the Health Department Budget. . ':~ , -,.., , ,: ,. -"'.," ,. ,.,-----,--- ':- '---:--:--,'-~-'-~-'--_.._~ (180 I i '~ MINUTES OF REGULAR MEETING, APRIL 2l, 1975 (CONTINUED) BUDGET TRANSFERS - AGRICULTURE & ECONOMICS Upon motion by Comm. Wright, seconded by Comm. Alpf~r, the following transfers for Agriculture & Economics were unanimously approved by the Board. , 1) $300 to be transferred from Contingencies, Acc?unt #ll 445 61, to Equipment Rent, Account #ll 615 2l. 2) $800 to be transferred from Contingencies, Account #11 445 61, to utilities, Account #11 615 13. ) APPROVAL OF MEMORANDUM OF UNDERSTANDING - N. C. AGRICUVrURAL EXTENSION SERVICE Upon motion by Corom. Taylor, seconded by Comm. Alpf~r, the Memorandum of Under- standing between the N. C. Agricultural Service - North/Carolina State University and the Board of County Commissioners was unanimously approved. A copy of this Memorandum of Understanding is on file in the County Mahager's office. TABLING OF BUILDING MANAGEMENT PROPOSALS - CP&L BUILDING In that at least three local firms had indicated a~l interest in managing the building known as the CP&L Building when the County acq\~ired title, County Mgr. Eller requested permission to formally request proposals for f:his service. , Comm. O'Shields moved, seconded by Comm. Taylor, that the Manager be authorized to get proposals for this service and report back to th? Board for further discussion. Corom. Wright offered the substitute motion, seconded by Chm. Davis, that this item be tabled to the meeti~g of May 5, 1975. Upon votE!, tabling motion carried unanimously. APPOINTMENT OF LARRY GOFF Upon motion by Corom. District Conservationist, Committee, term to expire Conservationist. TO ENVIRONMENTAL IMPACT COMMI,)~TEE O'Shields, seconded by Comm. v1right, Mr. Larry Goff, was unanimously appointed to the Environmental Impact June 30, 1977, replacing Mr. Sam Cox, the former District \ . , , , ) FIRST READING OF ORDINANCE REGULATING SOLICITATION ACTIVITY OF ITINERANT MERCHANTS As requested by the County Commission, County Attol'ney Fox had prepared an Ordinance entitled "An Ordinance Regulating the Busines~ Activities of Itinerant Merchants, Salesmen, Promoters, Drummers, Peddlers and ~awkers within New Hanover Coun ty. " This item had been postponed from the meeting!':: of March 17 and Apri 1 7 so that Captain L. P. Hayes and Sheriff H. G. Grohman c6uld have the opportunity to present their comments to the Commissioners. 1 Sheriff Grohman and Captain Hayes appeared before t~he Board to endorse the ordinance as prepared by County Attorney Fox. Sheriff Grohman stated that, if the Commission desired to delete the fee of $25 from the permit, he had no: objection to this. Chm. Davis stated for the record that he thought the intent of the ordinance I was good, that the idea was good, that everything about :it was good except that it smacked of "big brotherism." That it was going to tie up every church, the Boy Scouts, the Girl Scouts, and every civic organization iri town from the Lions selling brooms to the civitans selling cakes. He stated that i~ was good if it hit the groups they were aiming at but that he thought it should exempt the civic organizations, Scouts, and churches. He stated further that this woul9 be the biggest boondoggle and would set up the biggest bureaucracy that had ever happened in New Hanover County and that the County Sheriff's Department would end up with a data bank on every kid in town. Sheriff Grohman stated that he took offense at the Chairman's statements because it sounded like his Department was going to be like the CIA making up some big file on a bunch of kids, which was not their intention he stated. He stated further that he hoped the Commission realized that they would use common sense in the enforcement of this ordinance. ~ }- Chm. Davis requested that former County Commissioner M. H. Vaughan's statement be included in the record which was that he took exceptipn to the Sheriff's remark about the CIA. , \ "',,------ , ? .., 1811 I I ! I i , MINUTES OF REGULAR MEETING, APRIL 2l, 1975 (CONTINUED) ORDINANCE REGULATING SOLICITATIONlACTIVITY OF ITINERANT MERCHANTS (CONTINUED) Comm. Alper moved, seconded by Comm. Taylor, that the ordinance as prepared by County Attorney Fox be amended to delete that portion of Section 2 (6) which required a permit fee of,$25, and that the ordinance be adopted effective June 1, 1975, as amended. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor, and Wright. . Voting Noe: Chm. Davis. County Attorney Fox stated that, since the ordinance had not been adopted by unanimity, it would have to be reconsidered by the Commission at their meeting of May 5, 1975. DISCUSSION OF CONFLICT OF INTERESr POLICY The County Commissioners, at,their meeting of FE!bruary 17, had requested the Environmental Impact Committee to make recommendtionB concerning a Conflict of Interest Policy for the County Commissioners and had also requested that they report back at the meeting of April 2l, 1975. County Mgr. Eller reported that he had talked with Mr. Herbert P. McKim, Chairman of the Environmental Imp~ct Committee, and t:hat the Committee had discussed this item but did not think that it was a proper item for them to consider. Former County Commissioner, M. H. Vaughan, appeared before the Board in this regard and stated that he hoped that the Commission ~Tould adopt such a policy. Chm. Davis stated that this had been considered by the Commission previously and that it had been the concensus of the Board members to wait to see what was adopted by the State Legislature. No action was taken by the Board on this item. EXECUTIVE SESSION Comm. Alper moved, seconded by Comm. Taylor, thclt the meeting be recessed to executive session to discuss committee appointments. Upon vote, motion carried uannimosuly. Chm. Davis recessed the meeting to go into executive session at 3:20 p.m. Chm. Davis reconvened the meeting at 3:30 p.m. DISCUSSION OF BUDGET CIRCULAR A-95 Comm. Wright asked if the County had to go through the Council of Governments for approval of grants. County Mgr. Eller explained that this was a federal requirement set forth by the Office of Management and Budget Circular A-95. Corom. Wright requested that she be furnished a copy of Budget Circular A-95. DISCUSSION OF NATIONAL ASSOCIATION OF COUNTIES Corom. Wright stated that she had made the motion during budget hearings for fiscal year 1974/75 that the County withdraw from the National Association of Counties because she considered it a lobbying organization that lobbied for things that New Hanover County did not necessarily want. She reforted that she had read in a weekly news bulletin that four large counties in California were planning to with- draw because NAOo was doubling their dues. Corom. Wright requested that the Commission keep this in mind during the budget sessions for fiscal year 1975/76. DISCUSSION OF MATERIAL RECEIVED BY COMMISSIONERS . Comm. O'Shields requested that all information from other organizations come hrough the County office so that the Commissioners would not receive more than one copy. (For addition, see Page 185.) POLICY RE TENANTS OF CP&L BUILDING County Mgr. Eller requested direction from the Board with regard to inquiries he was receiving from the present tenants of the CP&L Building. By common consent, the Board agreed that, should the County acquire title to the CP&L Building, the County Manager could guarantee the present tenants that they could be in the building for a minimum of six months either in the space they were occupying or in another location in the building. i I I i I i ,--,-----J (182 , tAii1a '~ MINUTES OF REGULAR MEETING, APRIL 2l, 1975 (CONTINUED) AGREEMENT FOR REDEVEWPMENT COMMISSION TO PURCHASE PROPI:RTY County Mgr. Eller reported that he had received a request from the Redevelopment Commission to purchase two parcels of land as follows: : Parcel 17-4 A& B - They had offered $1,500; the 19~5 tax appraisal was $1,560. Parcel 17-5 - They had offered $650; the 1975 tax appraisal was $760. Upon motion by Corom. O'Shields, seconded by Comm. Alper, the Board unanimously approved the sale of these two parcels to the Redevelopment commission at the 1975 tax appraisals. I), COUNTY MANAGER TO GO BEFORE CITY COUNCIL RE ALLEY BEHIND RANEY PROPERTY County Mgr. Eller reported that he was to appear b~fore the Wilmington City Council on Tuesday, April 22, at 10:45 a.m. with regard;to requesting a quit claim deed on the alley behind the Raney Chevrolet property and invited any of the Commis- ! sioners who could, to attend with him. APPROVAL OF CAPITAL OUTLAY REQUEST - TAX DEPARTMENT Upon motion by Comm. 0' Shields, seconded by Comm. 'l'aylor, drawer map cabinet for tax maps was unanimously approveq to be Outlay - Equipment appropriation in the Tax Department Budget. for this purpose, but it was going to cost $345. ' the purchase of a five- paid out of the Capital $379 had been budgeted MEETING OF BOARD OF EQUALIZATION AND REVIEW SET By common consent, a meeting of the Board of Equalization and Review was set for Thursday, April 24, 1975, at 8:30 o'clock a.m. in the County Commission Building. ADJOURNMENT Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Davis adjourned the meeting at 3:45 o'clock p.m. Respectfully submitted, ') _--p. . ;l ~J' C0<1-u"-'\/ ,\.,../ );f./Yl J (Mrs.) Lise K. King Clerk to the Board k HINUTES OF SPECIAL MEETING, APRIL 28, 1975 ASSEMBLY The New Hanover Board of County Commissioners met ir special session on Monday, April 28, 1975, at 7:55 o'clock a.m. in the Assembly Roan, County Commission Building, Wilmington, North Carolina, to consider the following: (l) Agreement with the City of Wilmington that New Hanover County will bear the expe~se of relocating utility lines serving the Wilmington Public Library; (2) Budget transfers - County Garage; (3) Budget transfers - County Manager's office; (4) Budg~t amendment - Sales Tax; and (5) Budget transfers - Schools. Members present were Commissioners George E. Alper; Claud O'Shields, Jr.; William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W. Eller; Attorney Joseph O. Taylor, Jr., representing County Attorney James C. Fox; and Clerk to the Board, Lise K. King. No members were absent. I).,. , / Chm. Davis called the meeting to order. COUNTY TO BEAR EXPENSE OF RELOCATING UTILITY LINES OF WILMINGTON PUBLIC LIBRARY Upon motion by Comm. Alper, seconded by Comm. O'Shields, the Board unanimously agreed that New Hanover County would bear the expense of relocating utility lines serving the Wilmington Public Library located under the alley next to the Raney Chevrolet property, which would be covered by the County.,proposed Jail/Law Enforcement Center. ~ \ ~. ...~---,~..- -..----------------.---.--.--.---.+-------.. ..."-.------_.__._----~_.._--- '.._- --'. '.--'