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1971-12-20 Regular MeetingMINiTTES OF THE MEETING - DECEMBER 6. 1972 ~CONTINUED) VACATION SCFIEDULE FOR MR. BOWDEN - Mr. Marks requested Mr. Bowden schedule his vacation so as to be present at the December 20 meetin~. Mr. Bowden stated he planned to be present for the meeting. OPERATIONAI, COBT OF INSPECTION OFFICE - Mr. Marks pointed out Inepection Office is operating 33-1/3% in deficit and he and Mr. Hall expressed opinion it should be self-sustaining. Mr. Marks suggested when the County receives the $5 charge just recently voted on in the Plumbing Inspection Department another study be made and revise £ees where office will be operating on a self-sustainin~ basis. NEW HOPE DAM SUIT - Mr. Fox reported on progress o£ the New Hope Dam Case and stated he and others felt all had been accomplished that can be as intervening parties to the suit and the crux now lies with the United States Government to carry the burden of this matter here on out. YF:AR AROUND SCHOOLS - Mr. Marks furnished the Board members with a bulletin on staggered schools in Valley View School District just outside of Chicago which is working well. By common consent it was agreed the Chairman write the Board of Education furnishing them a copy of the bulletin. I~ETTER OF RESIGNATION FROM MH. DERICK G. S. DAVIS AS MEPriBER OF THE SEDC CaMMITTEE - By common consent it V~as agreed for the Chairman to ask Mr. Davis to continue to serve until a replacement can be named or he is renamed. ADJOURNMEIQT - There bein~ no fYirther business to come before the Board, Mr. Marks moved, seconded by Mr. Williams, that the meeting adjourn. Motion carried unanimously. Respectf~zlly submitted, Hazel Savage Clerk to the Board hs/mw MINUTES OF TFiE MEETING - DECEMBER 20, 1971 - 9:00 A. M. ASSEMBLY - The regular semi-monthly meeting of the above date and time in the Commissio~ Meares Harriss, Jr., Vice-Chairman Berry Marks, John R. Oxen£eld; County Attorney County Administrator Zaurence 0. Bowden; the New Hanover County Commissioners was held on i Building with the following present: Chairman A. Williams, Commissioners J. M. Hall, Jr., H. A. James C. Fox; County Auditor Perry Shepard; and Hazel Savage, Clerk to the Board. INVOCATION - Chairman Harriss called the meeting to order and asked The Rev. T. 0. Todd, Pastor, First Pentecostal Church, to give the invocation. APPROVAL OF MINUTES - The following correction to Minutes of December 6, 19'71 oJas requested by County Administrator Laurence 0. Bowden: On Page 6, First Paragraph, Second Sentence should read: "Mr. Fox stated originally fee of $15 was shown for permit and initial inspection, payable upon the filing of the application £or the permit and for every and all inspections sub- sequent to the initial inspection in connection with a permit application fee of $15; however:, total inspection fee will in no case exceed yG30." Mr. Williams moved, seconded by Mr. Oxenfeld, that the minutes be approved as corrected. Motion carried unanimously. RE9UEST FOR FINANCIAZ kID TO ASSIST IN SPORTS HALL OF FAME PROGRAM DURING AZALEA FESTIVAI, - Mr. Calvin Lane appeared before the Board requesting an appropriation to assist in having the North Carolina Sports Hall of Fame Banquet at the next Azalea Festival to take into its membership Roman Gabriel and Sonny Jurgensen. Coach Brogden is already a member. Mr. Lane stated the Chanber of Commerce has decided they cannot touch this function because of the fund raisin~ involved; approximately ~10,000. The Azalea Festival is very interested and wants to run it in conjunction with the 25th Azalea Festival. They would like to open up with the North Carolina Sports Hall of Fame Banquet on Wednesday and officially open the Azalea Festival on Thursday. The Azalea Festival does not feel they can officially take it into their program due to losses last year. Mr. Lane stated he did not o~ant any fund raising he is trying to do to interfere with any money the Azalea Festival vaill get; it is two separate things, but the Committee he is working with would like the Azalea Festival to get the creclit for it. Mr. Lane stated he was asking the City for a comparable donation. PYr. Williams inquired as to what the expenses would entail. Mr. Lane stated half will be spent on the banguet, expenses of the three men (Bill Jamieson, £rom Greensboro, is also being taken into member- ship), plus three persons to introduce them, plaques to be given, and programs to be printed. Mr. Lane requested the County to donate $1,000. Mr. Williams stated, in his opinion, this is a worthy project, and this would have advertising value to New Hanover County and to the entire area. Mr. Williams moved, seconded by Mr. Hall, that the Board authorize the same amount the City donates, not to exceed $1,000, for this promotion, funds coming from the General Contingency f~lznd-Non-Tax Revenue. Mr. Hall stated it would be good advertising. Mr. Lane stated there would be about fifty sports writers in Wilmington to cover the event, givin~ good publicity all over the State and County. Vote was called on motion. It carried unanimously. 5~ ' MINUTES OF THE NfEETING - DECEMBER 20, 1971 (CONTINUED) APPROVAI, BOND - MRS. JANIE B. STRAUGHN, COI,I,ECTOR OF REVENUE - Mr. Oxen£eld moved, seconded by Mr. Hall, that the Commissioners approve the bond sub- mitted covering Mrs. Janie B. Straughn, Collector of Revenue, and the Chairman be authorized to sign it. Motion carried unanimously. TRANSFER OF ~DS - INSURANCE - The County Auditor reouested $1500 be transferred from Unexpended Charter Commission F~nds to Worl~en's Compensation Insurance-General and T500 from Social Services F1xnd Balance to Social Services Fire Insurance-General. Discussion was held on reason for the increased insurance. Mr. Shepard pointed out it was due to the County taking on the Health Department and also additional deputy sheriffs. Mr. Harriss was o£ the opinion the increase £rom ~7,029 to y611,5']6 was tremendous and re- quested Mr. Shepard furnish an analysis of the increase and ~ive it to the Board in writing. Mr. Hall moved, seconded by Mr. Oxen£eld, that the two transfers recommended by Mr. ,Shepard, be approved. Motion carried unanimously. TRANSFER OF FUNDS - rttr,rAID TAX DISCOUNTS - Mr. Shepard requested $4,000 be transferred from General Contingency F1znd to Prepaid Tax Discounts. Mr. Hall moved, seconded by Mr. Oxenfeld, that the transfer be approved. Notion carried unanimously. SCHOOL BOARD R~9UEST - School Board Request to use $2200 from Capital Outlay-Back Hoe for Capital Outlay- Maintenance Vehicle was discussed. Mr. Shepard stated $10,500 was budgeted for a back hoe. Back Hoe was purchased for 9b~,996, leaving balance of approximately $2503, and the School Board wishes to use $2200 for a maintenance vehicle. Mr. Marks moved the request be approved but withdrew motion after Mr. Hall and Mr. Williams expressed desire to know more about the need for maintenance vehicle. Mr. Hall moved, seconded by Mr. Williams, that the transfer be tabled until more in- formation can be obtained. Motion carried unanimously. xr.1v~,WAI, OF HERCULES WATER CONTRACT - Mr. Fox stated he discussed renewal of the above contract with Mr. Barnhill, Attorney for Hercules, who revised the contract conditioned on the Board of Commissioners having legal authority to execute it. Mr. Harriss stated he was puzzled that the Board would have to sign a water contract when the County does not have any vaater service. Mr. Hall explaineithis was,one of the conditions which brought the Hercules Plant here. They want and need to be assured of a large water supply. They presently can ~et the water they need from the ground, but there is always the possibility of salt water entering into their supply which will make it unsatisfactory. Hercules, therefore, wanted assurance from the City and County they would have an adequate water supply. The contract does not provide that the City and County will pay for the water, but the City~ and County will use its credit to establish a water supply for Hercules who would pay for it on a rental basis for the pipe line and adequate water supply should the two ~overning bodies be called to supply the water. Mr. Hall stated'without this con~act the firm would not have been here. Mr. Hall expressed the opinion the tax money paid by Hercules thus far, or probably r~hat they will have paid within the next year or two, will pay for the water should it become necessary £or them to exercise the contract. Mr. Williams stated neither the County nor the City or combination of the two would be able to supply this added amount of water unless the County can get a major water main from Kings Bluff or some other area and inquired what position this would place the County in if the plans for the major water main from Kings Bluff should fall through. Nir. Williams stated he would like for the Board to extend the contract if it would not make the County or individuals liable should the County be unable to sell the bonds or secure the money to provide the facilities to get the water to Hercules. Mr. Oxenfeld asked if this matter does not come within the jurisdiction of the Lower Cape Fear 4later and Sewer Authority. , Mr. Boo~den was requested to call Mr. Mike Brown, Chairman of the Lower Cape Fear Water and Sewer Authority, and Col. Shaffer, Directbr, for their views on the contract. After the call, Mr. Bowden informed the Board Mr. Brown sees no conflict in the signing of the contract, but Col. Sha£fer was holding his comments until he has had time to study the matter. Discussion was held and P'ir. Harriss pointed out if the County has the right to sign the agreement, Hercules can call on the County to furnish the water at any time and the County will have to provide it. P1r. Fox stated Hercules oould call on the County to issue General Obligation Bonds, and if this is not successfl~l to issue Revenue Bonds, if possible. If the bond issues are successful, then it is the obligation of the Count~ to construct a pipe line that vrill furnish ten million gallons of water a day to Hercules. The acquisition of the right-of-way is to be at no cost to the County,.but the County will have the problem of constructing the line, and Hercules, thereafter, will pay the County a sufficient sum annually or semi-annually as may be necessary to amortize the cost of the pipe line and bond issue over a thirty year period. Mr. Harriss stated he wanted to make it perfectly clear he was not objecting to re- newal of the contract with Hercules and would support the necessity for it but questioned why the Water and Sewer Authority was not contacted when this contract came up for renewal. Mr. Barnhill, Attorney for Hercules, stated although there is a Water Authority it has no funds or water lines and no pumps. Mr. Barnhill stated he was confident there would be no conflict with the Water Authority in signing this contract, and also, iY the Water Authority gets into the business of selling water, he was sure Hercules will make an agreement with the Authority and forget the contract they have with the County. MINUTES OF THE MEETING - DECEPBER 20. 19~1 (CONTINUED) 55 ~;1vr,vlAL OF HERCULES WATER CONTRACT (CONTINUED) - Mr. Harriss stated the point he wished to make was that the Water and Sewer Authority have been negotiating for sometime with HUD and EDA for funds to construct a water line, and all of a sudden the City and County above and beyond the Water Authority, which they appointed about a year ago and funded, are making an agreement to construct a water line which would certainly indicate to someone that there was not complete harmony or agreement, and that perhaps there ~aas not wholehearted endorsement of the Water and Sewer Authority's efforts. Mr. Harriss stated he is concer.ned with the opinions of the people in Huntington, W. Va. and Raleigh. The Water and Sewer Authority has been making requests for the past year for assistance, and these people have indicated some approval of the kuthority's efforts. Mr. Harriss stated he did not want anyone to get the idea that at least part of this need is going to be tak~n care of outside the Water and Sewer Authority. Mr. Oxenfeld suggested another paragraph be added to the contract to the effect that in the event that the Water and Se~aer Authority does come into existence and is in position to furnish water prior to the need for the County to furnis~a~lt,then this contract would become null and void and Hercules would negotiate directly with the Water and Sewer Authority. Mr. Barnhill offered an amendment to Mr. Oxenfeld's suggestion that a paragraph be placed in the contract authorizing the County to transfer and assign the agreement to the Water Authority. Mr. Fox pointed out there is a technical problem; the Water and Sewer Authority can- not issue General Obligation Bonds. Only the County can do this. If the obligations were assigned to the Water and Sewer Authority, then the source of financing would be from Revenue Bonds only, and this should be clearly understood in the agreement. Mr. Fox stated he understood the principal purpose of the Water and Sewer Authority is to finance this type of improvement with Revenue Bonds as opposed to General Obligation Bonds. Mr. Fox stated this would severel~ limit the Water and 5ewer Authority to actually finance the construction, because there have not been any Revenue Bonds sold by and Water and Ser~er Authority. Mr. Fox stated he obtained this information about six or eight months ago and he doubted the market has changed. Mr. Fox stated if the Water and Sewer Authority is to assume the obligation of the County, it would have to be made clear that the County's obligation to issue General Obligation Bonds is terminated. NLr. Barnhill stated he suggested the amendment to take care of Mr. Harriss' objection, and so far as the execution of the contract is concerned eventually it would not make any difference to the County which way it goes, because it is not ~oin~ to cost the County an~ money. Mr. Fox stated it may or may not, but he has considerable amount of reservations of any contract executed by the County by which it undertakes to pledge its credit £or this type of project. Mr. Barnhill and Mr. Fox agreed the amendment they are suggesting will take care of this technicality. Mr. Harriss again stated he is concerned because he knew Hercules needs some ~aarantees, but he is also concerned about the possibility o£ losing some matching funds from the Federal Government and wind up paying for the whole thing. . Mr. Fox stated possibly a clause can take care of this stating that this contract will only be in ef£ect in the event the Lower Cape Fear Water and Sewer Authority cannot fulfill Hercules requirements. Mr. Marks moved, based on comments of Mr. Mike Brown, Chairman of the Zower Cape Fear Water and Sewer Authority, that there is nothing objectionable to the County executing the contract, that the Chairman be authorized to sign the contract, subject to the Attorneys working out amendment to the contract. Mr. Williams seconded the motion. Motion carried unanimousl~. It was pointed out New Hanover County is obligated to furnish pipe line only; not water. PUBZIC HEARING - REZONING & PUBI,IC USE PERMITS - Mr. Harriss declared Public Hearing open for consideration of Rezoning and Special Use Permit Reauests. P1r. Mallory read the following requests for rezoning: 1. Property on the north side of Wrightsville Avenue 1,000 feet east of the intersection o£ Rogersville Road and Wrightsville Avenue in Zoning Area No. 6 from R-15 (Single Family District) to R-10 (Single Family District). Mr. Mallory stated this request is recommended by the Planning Commission. This area will have a water system and based upon the Zoning Ordinance when an area does have a water system approved by the State Health Department and Zocal Health Department lot sizes can be reduced from 15,000 square feet to 10,000 sguare feet. The one-mile juris- diction of the City goes throu~h a portion of this area. The Planning Commission also recommends that this entire area be under the County's jurisdiction to eliminated administrative problems in issuing building permits, etc. 2. Property on the north side of a public dirt road north of Royal Oak Drive in Zoning Area No. 4 from 1;2-15 (Single Family District) to R-10 (Single Family District). Mr, Mallory stated a water system will be provided and lot size would be authorized o£ 10,000 sguare feet. The Planning Commission recommends its approval. Five lots are involved in this area. Discussion was held on this as to septic tanks in small area. Mr. Mallory stated it meets health requirements. 3. 332 acres in Masonboro Township west of Silva Terra and Marquis Hills Subdivisions in Zoning Area No. 4 from I-2 (Industrial District) to R-10 (Single Family District). The Planning Commission recommends approval. A subdivisio~ for this area and the preliminary plat has been approved by the mittee. Prior to recommending this area be rezoned, the layout submitted and approved by the Subdivision Review Committee with Soil Conservation Service and State Highway Commission approved concerned. i plat has been submitted Subdivision Review Com- for this subdivision was the comments that the insofar as draina~e is MINUTES OF THE MEETING - DECEMBER 20, 1971 (CONTINUED) PUBLIC HEARING - REZONING & PUBLIC USE PERMITS (CONTINUED) Discussion was held on the three reguests and Mr. Harriss expressed concern over the small lot size; saying this mi~ht create problems. Mr. Williams iaas concerned about possibility of water company going out of business on five lot request. Mr. Williams guestioned the wisdom of zoning small areas. There was no one present who wished to be heard on the rezoning requests. Mr. Mallor~ presented the following requests for special use permits: 1. Application for Special Use Permit to use 2.89 acres of land on the east side of N. C. Highway 132 south of the intersection of Chalmers Drive and N. C. Highv~ay 132 in an R-15 (Single Family District) in Mason boro Zoning Area for a church. The Planning Commission recommended approval subject to the follooaing: (1) subject to the plat submitted with the application for special use permit; (2) off-street parking area at least 20 feet from the rear property line, and (3) size of drainage culvert at N. C. 132 be approved by the State Highway Commission. One of the trustees for the church was present and stated the church agrees to the stipulations made by Mr. Mallory. 2. Application for Special Use Permit to use property on the north side of Wrights- ville Avenue 1,000 feet east of the intersection of Rogersville Road and Wrightsville Avenue in an R-15 (Single Family District) in Zoning Area No. 6 for duplex dwellings. Mr. Mallory stated location o£ this is the same as the first reguest for rezoning. The purpose for rezoning is to put duplex dwellings on this parcel of land. Once the property is rezoned, then a special use permit would be in order to be issued. The Planning Commission recommends the issuance of special use permit contingent upon the rezoning in Case No. 1 of the Rezoning Reguest just outlined and then in addition sub- ject to the following things: (1) all proposed roads are to be installed to meet the reguirements of the State Hi~hway Commission for acceptance and maintenance; (2) there is to be no direct access to Wrightsville Avenue from I,ot 1; (3) subject to the in- stallation of the proposed community water system; (4) plat be revised to include changes required by Subdivision Review Committee for approval of the plat as a preliminary plat; (5) lot size subject to approval of the Health Department; and (6) recommended that recreational facilities be provided by the developer at the well site area. There was no one present who wished to be heard on this reguest. 3. Application for Special Use Permit to use property north of N{yrtle Avenue in an R-15 (Single Family District) in Zoning Area No. 6 for a duplex dwelling. Nir. Mallory stated'there e~sts in this particular area 1'] duplex apartments. There is room for one add.itional apartment which actually the ~'undation exists. The Building Inspector found owner o~as building this particular unit without a permit. Prior to ob- taining a building permit a special use permit is required. Mr. Mallory stated the Planning Commission recommends the issuance of a special use permit with the follou:~ing stipulations: (1) subject to the installation of the road and off-street parking as shown on the plat submitted with the application for special use permit and (2) lot size to be approved by the Health Department. There was no one present who wished to be heard on this matter. 4. Application for Special Use Permit to use property at 2002 Eastwood Road in Zoning Area No. 2 in an R-15 (Single Family District) for stabling horses. Mr. Mallory stated this application started back in August o£ this year. It went before the Planning Commission and in reviewing this they £ound.in the Zoning Ordinance that the distance between the stable and the property line has to be 100 feet along side. The question was whether or not the fifty foot alley could be included to give them a hundred feet on the south from the closest property line. The Zoning Ordinance ~,~as not e~licit on this matter, so the recommendation was forwared to the Zonin~ Board of Adjustment for an interpretation. It was the interpretation of the Zonin~ Board of Adjustment on September 21 that the 100 foot distance, not particular in this case but in interpretation oP the ordinance, is required from the property line not from the next person's property line. In cases where there is a road, such as in this case, the width of the road cannot be included. The case went back to the Planning Commission in October at which time question was asked by applicant if they had to have 100 feet from the property line and there is a road on one side of their property and a creek on the other side of their property which means they could not make the 100 feet, could a variance be granted in this particular case due to the position of the property. The Plannin~ Commission informed them they could not grant a variance; variances are granted only by the Zoning Board of Adjustment. The Planning Commission did make recommendation to the County Commissioners that the request be approved,-subject to a variance granted by the Zoning Board o£ Adjustment. The request went back to the Zoning Board of Adjust- ment November 16, 19'71 at which time variance was granted with stipulation that the stable be constructed 100 feet north of Dick Avenue, 60 feet south of Mott's creek, and 100 feet from the southern property line, and that the variance be reviewed after one year. The Planning Commission now recommends issuance of the Special Use Permit with the follotiaing stipulations: (1) subject to variance granted by the Zoning Board of Adjust- ment and (2) that the owner be responsible for maintaining the pasture and stable in a sanitary condition at all times. Mr. George R. Thompson, person requesting the special use permit i~ras present and introduced several persons livin~ adjacent to his property who advised the Board they had no objections to the stable. Mr. Leon Brisson spoke in opposition of the stable citing reasons being flies and odor. It was pointed out this permit would not alloi~ P"~r. Thompson to stable horses com- mercially and if there is any health prolalem, the Health Department can step in at anytime. MINUTES OF THE MEETING - DECEPIBER 20,. 1971 ~CONTINUED) PUBI,IC HEARING - REZONING & PUELIC USE PERMITS (CONTINVED) Mr. Harriss closed the public hearing at this time. After discussion, by common consent it was agreed, at Mr. Hall's request, to defer the thrPe xezoni~g reouests pre_sented and Speci~l Use Request No. 2, which requested permission to use property on tne nortin side o£ Wrightsville Avenue for duplex dwellings, until the Board has time to revie4a the requests. Mr. Hall moved, seconded by Mr. Marks, that Special Use Permit Requests Nos. l, 3 and 4 be approved, subject to the provisions set out in the Planning Commission's recommendation. Motion carried unanimously. R-10 LOTS - Mr. Marks stated he sees more and more requests for rezoning down to R-10 and feels the County is headed for trouble due to the water table being so close to the top of the ground and building so close together with a water system. Mr. Marks stated there is no guarantee the water systems Vaill continue `a'f.ter a number of years for these people. P1r. Marks recommended to the Planning Commission that they give some serious study to the possible elimination of the R-10 designation in the County Planning System and after doing so to present the Board with a report. Mr. Hall pointed out there are guite a few R-10 areas that were designated when zoning went into effect and possibly people are planning to build houses on these lots, and this might deny the person the right to use it. Mr. Hall was of the opinion the R-10 cannot eliminated entirely but does not like to see rezoning to R-10 areas which looks like spot zoning. Mr. Harriss suggested requesting the Planning Commission to investigate possible amendment to the Subdivision Ordinance or the Zoning Ordinance which would require some £urther assurance that aiy water system will be operated over a substantial period, possibly licensing by the State Utilities Commission. P'ir. Mallory stated all water systems that are approved are subject to the operation procedures under State control. Mr. Mallory stated he vaould research he is able to develop. He was requested and elimination of R-10 lots. the matter and furnish the Board information to study sanitation, community water system, Mr. Mallory stated the Planning Commissioners' recommendation for R-10 Zoning is based on the Health Department's standards. Mr. Fox stated the Health Department can deny a permit on any size lot if they feel it would be a health hazard. Mr. Nallory stated R-10 zoning does'not mean a person can get a building permit or septic tank permit on a lot that is only 10,000 square feet. It their lot does not meet health standards, two or three lots may have to be combined to have suf£icient area for percolation. Mr. Mallory stated what the Planning Commission is doing is recommending a minimum lot size that would be acceptable under ideal or satis£actory conditions. If the Health Department rules that the lot is not suitable, then the minimum that has been established is void and the minimum is established by the Board o£ Health. Mr. Hall expressed feeling R-10 lots might cause congestion and an R-15 lot would be less likely to become a burden on the community. Mr. Mallory eicpressed opinion the Commissioners and Planning Commission will be receiving request £or even smaller lots due to increased population and cost of land. Mr. Mallory stated he would return the rezoning requests to the Planning Commission for its flzrther consideration. DESIGNATION OF ZONING MAP OF AREA 7 AS OFFICIAL ZONING MAP - Mr. Plallory reguested the Board to authorize the Chairman to sign Zoning Map of Area 7 designatin~ it as the of£icial zoning map. Mr. Marks moved, seconded by Mr. Oxenfeld that the Chairman be authorized to sign the map. Motion carried unanimously. ROAD PETITION - ROBERT E. LEE DRIVE FROM EARLY DRIVE TO PINE VAI,I~EY SCHOOL DRIVE - Mr. Mallory in£ormed the Board of letter received from Mr. F. J. Bass, Division Engineer, State Highway Commission, recoinmending portion of Robert E. Lee Drive be placed on the Secondary Roads System for maintenance. Petition vaas also presented to the Board. Mr. Mallory stated the Planning Department recommends the County Commissioners request the State to add this portion of Robert E. I,ee Drive to their Secondary Roads System for maintenance. Mr. Williams moved the State Highway Commission be requested to add this portion of Robert E. Lee to its Secondary Roads System for maintenance and the standard resolution be adopted. Mr. Oxenfeld seconded the motion. Plotion carried unanimously. REZONING - SILVER LAI~ PROPERTY - Mr. Stocks appeared be£ore the Board asking for early decision on the rezoning reguest of I-2 (Industrial) to R-10 (Single Family District) tahich was discussed in Public Hearing held earlier in the meeting and which the Board wished to give further consideration. Mr. Marks stated the Board is giving some thought to eliminating R-10 Zones due to low water table. Mr. Stocks as~ed to be permitted to by-pass the Plannin~ Commission and come direct to the County Commissioners. The Board in£ormed P'ir. Stocks it would have to go to the Planning Commission for its recommendations even though the Board does not always accept their recommendations. Mr. Stocks was representing Suggs and Harrelson who purchased I-2 property and who are now requesting it be rezoned to R-10. PRECINCT REGISTRATION - Mr. Ed Snead, Chairman, New Hanover County Democratic Party, appeared be£ore the Board at the request o£ the Demorcatic Executive Committee to request the Board of Commissioners to reconsider its decision made at the December 6, 19'71 meeting to pro- hibit in-precinct re~istration. The Democratic Executive Committee, at their last meeting, unanimously adopted a motion that the matter be continued before the Commissioners. e`~~ ~ MINUTES ~F THE MEETING - DECEMBER 20, 1972 (CONTINUED) PRECINCT REGISTRATION - Mr. Snead was of the opinion this became a political matter; the two majority members of the Board of Elections were in favor of expanding the registration facilities; the minority member was not. The minorit~ member came before the Commissioners and to add to the paltical overtones brought the highest echelon o£ her party with her to back her up. Also, it was reported in complete detail in one of the local papers as a front page story. Mr. Snead stated the Board of Commissioners was led to believe it was the intent of the Board of Elections to regenerate 29 registrars in this County to register any time they wanted to within their precincts. P'ir. Snead stated }ie did not think this iaas the idea at all; the Board of Elections has broad authorit~ to appoint Commissioners to sit anywhere in the County and to register without regard to the residency of the people vaho come in to register. Mr. Snead stated the expense involved was completely over-exaggerated in listing rental of typeti•~riter, desks, training, etc. Mr. Snead stated the County has 29 trained registrars in the County and there were innuendos that their integrity was not what it should be, and he had no reason to doubt their integrity. Mr. Snead stated he believed there are around 14,000 peops~e not registered in the County. Mr. Snead stated he was of the opinion at least 95% of any money spent would be spent on registration by name; not much o£ it ti~~ould be set up for rentals or administration. Mr. Snead felt people will not take the time to come down to register even on the days they are off; it is not on their agenda. Mr. Snead stated it was up to the Board o£ Elections to establish the procedures they think wi11 be the most effective in this matter, and did not think the~ would esta- blish procedures that would be terribly expensive. Also, he stated he did not believe the registrars would £ail to register anybody because their political faith might be di££erent from the registrars. Mr. Harriss assured Mr. Snead that the Commissioners have not closed their minds on the matter. The matter is still under consideration. It vaas felt that it should be tried to have the office open at nights and on certain Saturdays. Mr. Harriss stated he had dis- cussed this further, since the meeting, with Mr. Hall and the other Commissioners, and all are in general agreement if this does not work, somethin~ else wi11 have to be tried. Mr. Harriss stated it is true people are disinterested, and if there is any encouragment this Board can give by making registration process'as available as possible, it will do so. Mr. Harriss stated he did not think the Board is able to do anything more right now than to open the offices at odd times to accommodate people. Mr. Hall stated he felt he made a wrong decision especially since he had given more thou~ht to some of the statements made at the December 6th meeting, especially one made concerning all registrars being Democrats and implication thei:r going out might generate nothin~ but registration of Democrats. Mr. Hall stated he felt the registrars are honest. Mr. Hall stated the Commissioners cannot tell the Board of Elections how to conduct an election; the only thing the Commissioners can do is to furnish some money. Mr. Hall stated it is difficult to come down to register and wondered if the Board cannot reconsider furnishing funds, if necessary, for in-precinct registration. Mr. Williams pointed out the Chairman of the Board of Elections asked for $1500 in the event it is needed. Mr. Marks stated he wished to assure Mr. Snead no political overtones influenced him to make his motion on December 6. He based his motion on the fact this type of registra- tion had been abandoned on the basis of economy for one thing and making available year around registration. Mr. Marks stated he feels this is a substantial improvement over vahat was had in the precincts. Mr. Marks pointed out that others iaould be asking for special privileges; namely, the college and high schools. Mr. Marks stated he was opposed to giving any special consideration to any special group that cannot be given to all. Mr. Hall stated if the Board of Elections feels it can get these registrations within the funds allocated, they can go ahead and do these things. Mr. Snead stated it is the prerogative of the Board of Elections to go to the college or the hi~h schools; they do not have to get permission £rom the Commissioners. Mr. Oxenfeld stated, as he did at the last meeting, a person would be more apt to vote if he made the effort to come down and register. Mr. Oxenfeld pointed out it might not be convenient to do so, but when other things such as renewal of drivers' licenses, they have to make special effort to do that. Mr. Snead stated again there were plitical overtones in this matter, and the County is coming into an election year, and he iaould never allow himsel£ to come before this or any governing board and use it as a propaganda platform, but it is the rule of politics that this will be done for the next eleven months; there will be every effort to discredit every democratic institution we have, and when this happens he wants to come dow.n and tell it like he thinks it is. Mr. Snead stated the first statement made by the nei,~ly elected Chairman of the State Republican Executive Committee relative to Democrats stealing elections was ridiculous. It was designed to discredit the Boards of Elections throughout the State. At the same tirr~ he did not seem to consider the fact that there were many Republicans involved in any complicity to stealing an election on a statel~7ide basis. Mr. Oxenfeld stated he thought these remarks were out o~ order and not applicable to the matter under discussion. Mr. Snead stated it had to do i•rith Boards of Elections and continued ~aith his discussion. Mr. Aarriss stated, remark that what this amounted to was a gigantic payof£ £or a11 the Democrat registrars should be clarified. Mr. Harriss stated at ten cents a name a person vaould have to re~ister 1,000 persons in order to make 96100. MINUTES OF THE MEETING - DECEMBER 20, 1972 ~CONTINUED) PRECINCT REGISTRATION (CONTINUED) Mr. Williams stated he raas of the opinion the Board should use every practical means of encouraging people to register and vote. People have to be encouraged to be interested in our government. Mr. Williams stated he was of the opinion that the Board should make it as convenient as practical for the registration of voters. Mr. Williams stated he thought the reguest of the Board of Elections was reasonable; they only asked that they be given assurance i£ in their registration effort they expended funds that have not been appropriated up to ~51500, this Board would make it available to them. Mr. Williams moved, seconded by Mr. Hall, that the Board assure the Board of Elections that in the event they put on a special registration effort and it does cost added money, that the Commissioners will appropriate up to, but not exceeding, $1500 for their effort. Mr. Harriss stated the motion made at last meeting "That the Board of Elections be authorized to use their judgment, in leaving the office open on Saturday mornings, number and date of these to be left to their discretion, so people can come dooin, get registered or get changes made" was illegla. ~ Vote was called. It carried three to two. Messrs. Marks and Oxenfeld voted "No." Mr. Marks stated he tried to make a practice to get suf£icient information before him before he took a position, and then he did not a11ow some other people to come to him later and change that, so he was compelled to stand by his convictions. Mr. Oxenfeld stated he did likewise. TRANSFER OF SICK LEAVE FROM ANOTHER COUNTY TO NEW HANOVER COUNTY (TABLED DURING 12-6-71 MEETING) - Mr. Grubbs, Administrative Officer, appeared before the Board to report on informa- tion he had been requested to obtain concerning policy on transference of sick leave of teachers funded completely by the County coming to New Hanover County from another county. Mr. Grubbs stated Nir. Dale Spencer, Associate Superintendent of the Board of Education, had informed him all sick leave is transferred if they come from within the State. After discussion, both pro and con, P1r. Hall moved, seconded by P'1r. Wil.liams, that ten days of sick leave be trans£erred from a county unit to New Hanotrer County, merit and non-merit. Motion failed to carry. Messrs. Hall and Williams voted "Yes;" Messrs. Harriss, Marks and ~xenfeld voted "No." Mr. Bowden requested the Personnel Manual show the final decision regardin~ sick leave be left up to the discretion of the Board. The Board did not agree to this. The manual will reflect there will be no transfer of sick leave or vacation from one county to another for any person. REORGANIZATION OF TAX OFFICE (TABLED DURING 12-6-'71 MEETING) - Mr. Grubbs presented proposed reorganization changes as follows: Listing Supervisor from No. 62 ($'7164) to No. 68 paid as No. 66 ($8580); Collector of Revenue from Un- classified (~'7536) to No. 68 paid as No. 66 ($8580), Established Delinquent Tax Collector No. 60 ($6540); and Established New Position of Clerk II ($4548). Mr. Williams reviewed the minutes of ineetings over the past few months having particular re£erence to the Collector of Revenue. The minutes brought out the fact this position was budgeted at $8,316, but Nirs. Struaghn actually did not receive the increase; only increase she has received was prior to budget time when she assumed new responsibilities. Mr. Hall stated his recommendation for retroactive pay referred to in the minutes of October 18, was to apply to Mrs. Straughn only. Mr. Williams stated that was the only person he was discussing. Mr. Hall moved, seconded by Mr. ldilliams, that the Board acce t the recommendation pertaining to Mrs. Straughn that she be changed from Unclassified ~$7536) to Classifica- tion No. 68 and paid as No. 66 (568580), retroactive to October 1, 1971. Mr. Marks questioned why classify them higher than they are being paid. Mr. Williams stated he was of opinion it was due to the fact if they are classi£ied low it would indicate they have less responsibilities than they do. Also, the County cannot make all the adjustments in salaries this year. Vote vaas called on motion. It carried four to one. Mr. Marks voted "No." Discussion was held on positions of Delinguent Tax Collector No. 60 (~6540) and Clerk II ($4548). Discussion was held on why position of Clerk vaas classified as II instead of I. Mr. Grubbs stated the County does not have any Clerk I positions; does not even have a job description. He i~as instructed to get a job description. , Mr. Hall moved,seconded by Mr. Williams, that these positions be approved. Motion carried unanimously. Discussion was held on position of I,isting Supervisor. Mr. Hall felt this position should be classified as No. 6'7 instead o£ No. 68 and paid as No. 65 instead of No. 66 as recommended by Mr. Grubbs. Mr. Hall moved, seconded by Mr. Williams, that this position be changed £rom No. 62 ($~164 to No. 6'] paid as No. 65 ~8208), retroactive to October l, 19'71. Motion carried unanimously. 59 ~~ REqUEST TO N. C. D~P.ARTMENT OF CONSERVATION AND DEVELOPMENT TO ASSIST WITH SOLID WASTE DIS.POSAL - ~~~ Mr. Henry Cranford, Sanitation Director, I"Ir. Oates and Mr. Wood appeared before the Board to discuss letter Niayor Kepley wrote about problem of no place for demolition materials to go. Mr. Wood stated he was aware that the Count~ has problem of certain wastes such as tree stumps at the County landfills. Mr. Williams stated real problem is that if trees and stumps are taken to landfills they cannot be burned. Mr. Wood stated this does take up land and iaas of opinion some place should be designated for this type of material. This land would not have to meet same specifications as a sanitary landfill. Mr. Williams was o£ opinion it is responsibility of man clearing land to burn the stumps, etc. Mr. Harriss discussed establishment of reefs up and down the coast which do help fish. With this in mind Mr. Harriss stated he intended to reguest Dr. Linton of the Division of Commercial Sports and Fisheries, Department of Conservation, to assist the County in establishing chain of arti£icial ree£s up and down the Coast of North Carolina using car bodies and appliances and any hard rubble. Tires can also be used. This has been done on a voluntary basis, but this is not good enough; it is going to take a lot of organized labor. Mr. Oxenfeld stated this is a good idea but it does not solve the problem of stumps. By common consent it was agreed Mr. Harriss be authorized to contact Dr. Zinton. Mr. Harriss stated he had talked with Col. Page of Water & Air Resources about the burning problems. It was the consensus o£ PTr. Wood and Mr. Cranford that the Plilitary Cutoff site is not desirable. Mr. Cranford stated the County needs some plan for solid waste. Mr. Hall.suggested there might be some available sites in Brunswick County. Also, the County might buy some land for landfills. Mr. Harriss stated contractors should be in£ormed they are permitted to burn stumps on their lands under certain conditions. Mr. Marks asked Mr. Bowden if any further consideration had been ~iven to contract- ing with Mr. Poole. Mr. Bowden stated he had been written but had not been heard from. Mr. Marks asked Mr. Bowden if he had written the persons Mr. Poole had furnished as references. Mr. Bowden had not. Mr. Harriss instructed I"~ir. Bowden to begin lookin~ for some landfill sites. Mr. Harriss stated Mr. Bowden and City Manager Jones are conferring on this matter. Mr. Hall suggested. Mr. Bowden and these gentlemen take a look at the back land at the County Farm and. make recommendations as to whether it would be advisable to use this land for landfill purposes. INCREASED VALUATION - TIP'Il`ZE CORPORATION - P1r. Botaden stated Timme Corporation matter has been settled and they have signed tax abstract. ADJOUFdtIMENT - There being no further business to come before the Board, Mr. Hall moved, seconded by P1r. Marks, that ~the meeting adjourn. Motion carried unanimously. Respectflally submitted, Hazel Savage Clerk to the Board hs/mw MINTJTES OF THE MEETING - JANUARY 4. 1972 - 9:00 A. M. ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Commissioners was held on the above date and time in the Commission Building with the:~following present: Vice-Chair- man Berry A. Williams, Commissioners H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry Shepard; County Administrator Laurence 0. Bovaden; and Hazel Savage, Clerk to the Board. Chairman Meares Harriss, Jr. was absent. INVOCATION Vice-Chairman Williams called the meeting to order and asked The Rev. A. F. Hooper, Pastor, Price Cathedral A.M.E. Zion Church, to give the invocation. APPROVAL OF MINtTTES - MEETING DECEMBER 20. 1971 - Mr. Oxenfeld requested the following change to the minutes: On Page 12, fourth sen- tence should read as follows: "Mr. Oxenfeld stated he thought these remarks were out of order and not applicable to the matter under discussion." Mr. Oxenfeld moved, seconded by Mr. Marks, the minutes be approved as corrected. Notion carried unanimously. Mr. Marks requested a statement be added to the minutes under the heading "Renewal of Hercules Water Contract" to show that New Hanover County is obligated to furnish pipe line only; not water. By common consent the Board agreed to this. REPORT OF COLLECTOR OF REVENUE - ~ Mrs. Janie Straughn, Collector o£ Revenue, presented the following report: Charged Per Scroll $5,405,684.48, Added-Tax Supervisor $114,619.85, Supplement $']3,640.62, Corp. Excess $168,865.65, Less Abatements $16,196.81, leaving Balance Charged $5,']46,613.~9;