1972-03-06 Regular Meeting~a~
MINUTES OF THE MEETING - FEBRUARY 21, i972 - 9:0o n.M. (CONTINUED)
APP6INTMENT OF MRS. AUGUSTA COOPER TO BOARD OF DIRECTORS OF SEDC -
Mr. Marks moved, seconded by Mr. Hall, that the Board of County Commissioners accept
the selection of the minority groups for representation on the SEDC Board of Directors,
Mrs. Augusta Cooper. Motion carried unanimously.
ADJOURIVNiENT -
There being no further business to come before the Board, Nir. Oxenfeld move, seconded
by Mr. Hall, that the meeting adjourn. Motion carried unanimously.
Respectfully submitted,
Hazel Savage
Clerk to the Board
/hs
MINUTES OF THE MEETING - MARCH 6, 1a'72 - 9:00 A. M.
ASSEMBLY -
The regular semi-monthly meeting of the New Hanover County Board of Commissioners
was held on the above date and time in the Commission Building with the following
present: Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., John R.
Oxenfeld; County kuditor Perry Shepard; County Administrator Laurence 0. Bowden; and
Hazel Savage, Clerk to the Board.
Chairman Harriss was absent because of illness.
INVOCATION -
Vice-Chairman Berry A. Williams called the meeting to order and, in the absence
of the scheduled minister, asked Commissioner Oxenfeld to give the invocation.
APPROVAL OF MINUTES -
Mr. Oxenfeld moved, seconded by Mr. Hall, that the minutes o£ meeting of
February 2'I, '1982 be approved as written. Motion carried unanimously.
ACTION TAKEN ON FEBRUARY 2'I, '1972 ON REZONING REQ.UEST RESCINDED - REDRAFTED ORDINANCE
APPROVED
Mr. Neil Mallory, Planning Director, appeared before the Board stating request for
rezoning in the 6300 Block of Market Street between Elisha Drive and Green Meadows Drive
on the east side of the street £rom R-'15 (Single Family District) to B-2 (Business
District) in Zonin~ Area #6 was heard at the last Commissioners' meeting and action
taken approving the request. However, the ordinance prepared by the Planning
Department to make change in the 0£ficial Map u=as in error. The Planning Department
was informed that a particular roadway right-of-wa3~ was dedicated but it actually
has not been dedicated. Mr. Mallory stated the ordinance had been redrafted and he
oras requestin~ action be rescinded on the previous ordinance and the redrafted one be
approved which contains accurate description of the property to be rezoned.
Mr. Hall moved, seconded by Mr. Oxenfeld, in view of the error which was=uncovered
by the Planning Department, the action referred to relative to rezoning of property in
the 6300 Block of Market Street which has reference to Madeline Drive be rescinded.
Motion carried unanimously.
Mr. Mallory stated the Planning Department recommends approval of the redrafted
ordinance which has no reference to Madeline Drive.
Mr. Hall moved, seconded by Mr. Oxenfeld, the redrafted ordinance be approved and
the Board of Commissioners be authorized to sign it. Motion carried. unanimously. (For
Ordinance adopted rezoning property, see Zoning Ordinance Book I, Section 6, Page 3.)
SPECIAL USE PERMIT APPAOVED AT FEBRUARY 2'I. '1972 MEETING AMENDED -
Nr. Mallory appeared before the Board re~arding request for special use permit
to use property at 4702 South College Road (New Testament Baptist Church) for private
school and kindergarten in R-'15 (Single Family District) in Masonboro Zoning Area.
The Board of Commissioners approved the request at its February 2'Ist meeting subject to
four conditions set out by the Planning Commission. Today Mr. Mallory requested the first
cond.ition be amended to read: "'I. All structures comply with applicable building codes."
Mr. Mallory stated the Planning Department feels to require the structures comply with
Section 5~9 of the State Building Code, as £irst recommended, is too restrictive for the
use the church is going to make of the property.
Nr. Oxenfeld moved, seconded by Mr. Hall, the first condition recommended by the
Planning Department be amended as requested. Motion carried unanimously.
County Attorney James C. Fox joined the meeting at this time.
STUDY OF POSSIBLE FLOODING OF VARIOUS MAJOR STREAMS TI3ROUGHOUT THE COUNTY BY THE CORPS
OF ENGIN~~xS -
Mr. Mallory stated the Ylanning llepartment has been very interested in the Corps
of Engineers making a study of possible flooding of various major streams and tributaries
throughout the County. Such a study has also been of interest to the City who was almost
at the point o£ submitting an application to the Corps...of Engineers. The Planning Depart-
ment £eels such a study should be performed for all of New Hanover County, not just for
the City or for the County.
Based on this assumption, representatives of the City, County, and Planning
Department met with representatives of the Corps of Engineers and discussed proposed
study mutually as to what would be the best procedure. The Corps of Engineers advised
it would be suf£icient, as far as they were concerned, if the Planning Commission would
MINUTES OF TIiE I`'~iEETING - PSARCH 6, ~972 - 9~00 A.M. (CONTINU~D:)
STUDY OF POSSIBLE FLOODING OF VARIOUS MAJOR STREAMS THROUGHOUT THE COUNTY BY THE CORPS OF
ENGINEERS - (CONTINUED)
submit a letter of application requesting a study of the major streams and tributaries through-
out the County and City, with resclutions of endorsements Yrom the County Commissioners and
City attached to the application. Mr. Mallory requested the Board authorize the Chairman to
sign such a resolution supporting the Planning Commission's letter of application requesting •
study of flooding of major streams and tributaries throughout the County and City. This type
study will be necessary in order for the County to continue its qualification under the flood
plan insurance. The County must indicate it is willing to enact the necessary regula~ions
to protect the flooding plans of major streams.
Mr. Hall moved, seconded by Mr. ~enfeld, that the Chairman be authorized to sign reso-
lution endorsing the Planning Commission's letter o£ application for study o£ possible
flooding of variaus major streams throughout the County by the Corps of Engineers. Motion
carried unanimously.
SOIZ SURVEY -
Mr. Williams stated a soil survey is being made throughout the County. Mr. 4lilliams
stated he understood one of the~things the survey is supposed to show is whether or not
any given location in the County is suitable for the construction of homes as far as hard
pan and things of that nature are concerned. Mr. Williams inquired as to how near to
completion is the survey. Mr. Mallory stated he thought it was about two-thirds completed.
Mr. Williams asked whether.the information on the portion completed has been made available
to the Planning Department and the Health Department. Mr. Mallory stated they had been
furnished the maps and information. Mr. Williams asked if the information is being used
as it was meant to be used. Mr. Mallory stated he could only speak for the Planning
Department, and he felt it was. Mr. Hall asked if any implementation is needed by this Board
to put the survey into effect in order to avoid a hassle such as the one at Tan6lewood.
Mr. Mallory stated he felt ~his type of in£ormation will give the Planning Department
technical data that is needed to control development much more adequately than has been done
in the past. Mr. Mallory stated he was planning to discuss the survey with the County Attorney,
because it might be necessary to enact ordinances to put regulations into effect.
Mr. Nallory pointed out Tanglewood was begun long before the County's Subdivision
Regulations vrere enacted.
Mr. Mallory stated. e'ven though a subdivision meets subdivision regulations with easements
and ditches installed properly initially, the problem is maintenance and upkeep. Mr. Mallory
stated it is hoped in the next Legislature a sedimentation ordinance will be enacted for
New Hanover County. This has been done.in Wake and Forsyth Counties.
Mr. Williams stated he would like to see this Board, by common consent, indicate to
all departments of the County, and some that are partially independent, and primarily to
the Iiealth Department, the Board would strongly recommend that all of the information that
is available for determining whether or not a lot iu suitable for construction of a
residence (and particularly including this soil test information which is now available)
be used in determining whether or not to issue permits for construction of homes. Mr.
Williams stated they may be doin~ this, but he wanted it known this Board feels strongly
about it. The County Administrator was requested to indicate to the various departments
that are affected it is the Board's strong feeling that this in£ormation has been
purchased at considerable cost to New Hanover County for the protection of its citizens
and should be fully utilized. Mr. ~enfeld felt it should apply not only to homes but
other construction as well.
Nr. Marks joined the meeting at this time.
REPORT OF COLLECTOR OF kr,vr.~vJE -
Mrs. Janie Straughn, Collector of Revenue, gave the following report for the month of
February, '19'72: Charged Per Scroll $5,405,684.48, Added-Tax Supervisor $'116,848.58,
Supplement $~3,640.62, Corp. Excess Y6'168,865.65., Total $5,q65,o39.33, Less Abatements
$'16,9'12.6'7, Balance Charged $5,'748,'126.66, Less Collections February ~93,']93.45, Pre-
pa,yments $33'7,618.49, Collections August Through Januasy $4,86~,280.4'I, Balance Uncollected
('19~'I Levy) 96449,434.3'I. Back Taxes Collected During February ~4,4']4.50 bringing Total
Taxes Collected to Date to $79,843.;'6, Less Abatements $863.~3, Leaving Balance Back Taxes
Uncollected $364,457.38. Delinquent Personal Taxes Collected during February amounted to
$2,954.90 bringin~ Total Delinquent Personal Taxes Collected To Date to 9b23,'13'1.23.
Mrs. Straughn stated collection on the '197'I levy is 2.~% above what it was on the '19~0
levy last year. As of March 'I, '197~, $9.2% o£ total levy had been collected, and as of
March 'I ,'1972, ~2.'I% has been collected. $5'16,625.'72 more has been collected on the '19']'I
levy than on the '19'70 levy.
REVIEW OF TAX COLI,ECTION DIVISION -
Mr. Larry Powell informed the Board suggestions as to the operation o£ the Tax
Collections Division bad been received from Cherry, Bekaert and Holland which he thought
will be very helpful. Action by the Board will be required in the near £uture. Mr. Powell
stated audit has also been received for the office.
LATE TAX LISTING PENALTY - BERLIN-MILES, INC. -
~r. Powell stated he had contacted three other counties re~arding Berlin-Miles, Inc.
tax listing with them. Alamance County stated listing iaas dated January 30, 't9']'I. They
stated they did not show date received but believed it ~vas within a couple of days as they
did not penalize Berlin Miles for late listing. Onslow County stated they received
listing on February 26, '19']'I; a'10'~ penalty was charged. Pitt County stated listing was
dated December 28, '1970; this was carried forward to tax abstract January 5, '197'I and
accepted as their listing for '19'7'I. All listings were submitted at di£ferent dates.
Mr. William J. Morgan, Attorney for Berlin-Miles, was present and requested a
compromise on $2,88'7.4'7 penalty charged.
After brief discussion, Mr. Marks moved, seconded by Mr. Hall, that the request be
denied. Motion carried unanimously.
+
MINUTES OF TIiE MEETING - MARCH 6, ~972 - 9~00 A.M. (CONTINUED)
TRANSFERS AND APPROPRIATIONS -
Tax Collection Bud~et:
Mr. Shepard presented request from this office for transfer of $500 to travel expense
from Data Processing and $3,430.00 to Capital Outlay from Data Processing. Mr. Shepard
recommended approval.
Nr. Oxenfeld moved, seconded by Mr. Hall, that the request be approved. Motion
carried unanimously.
Auditor's Office:
Mr. Shepard requested transfer of $380 from Salaries-Auditor's Office to Capital
Outlay for the purchase of a check protector.
Mr. Marks moved, seconded by Mr. Oxenfeld, that the request be approved. Motion
carried unanimously.
IlILL FOR ARCHITECTURAL SERVICES FOR RENOVATIONS TO JAMES WAZKER HOSPITAI, -
Bill in the amount of $2,4y0.02 from Ballard, McKim and ~aveyer was presented covering
services in connection with study made on whether to renovate James Walker Hospital for the
Health Department.
Mr, Shepard recommended funds to cover this bill be transferred from Health Department
Building Reserve to Architectural Fees-Health Department. Mr. Oxenfeld moved, seconded by
Mr. rlarks, that $2,490.02 be transferred as recommended by Mr. Shepard. Motion carried
unanimously. -
STATE-WIDE CLEAN WATER BOND REFEtte,ivLJM~ MAY 6~ '1°72 -
Mr. Williams announced on Nay 6 there will be a state-wide clean water bond referendum.
The current situation is without financial assistance, local governments must provide up to
6'7'~ for the cost of eligible water and sewer projects. The Federal I,aw provides, and has
provided for sometime, if the State provides 25% of the funds, the Federal portion can be
increased to 55%, and assuming the Federal portion was increased to 55%, as provided by
Federal Law, this would leave 20'~ for the local governments to pa3* in the construction of
eligible projects. This would have made a tremendous difference in the cost of the Wilmington
Sewer Treatment plants, one that has been completed and one which is under construction,
saving a lot of money for the citizens of New Hanover County. Other states are taking
advantage o£ this provision. Lack of State participation has been very expensive to
local governments. -
The General Assembly has authorized a ~5 million dollar bond issue for waste water
and another 'J5 milli,on d.ollar bond issue for water supply. New Hanover County is going
to have to become involved very shortly in one or the other or both projects. Mr. Williams
stated it was to the advantage of New Hanover County to participate in these projects because
it is a partnership between Local, Sta`te, and Federal Governments. With assistance from
the State the Federal appropriation increases considerably. Mr. Williams moved, seconded
by Mr. Hall, the Board endorse and recommend approval of this bond issue to the citizens
of New Hanover County on May 6, '1972• Motion carried unanimously.
WATER-SEWER STUDY (VON OESEN)
Mr. Bowden stated Mr. von Oesen has requested a special meeting of the Commissioners
be called on Monday, March 2'], '19~2, at 9:00 A.M, so Mr. von Oesen and his staf£ can discuss
the Water and Sewer Report and the problems the Count'y will be confronted with in the im-
plementation of what he has prepared. Mr. Epling, Mr. Mallory, and Col. Shaffer will be
present also.
By common consent it was agreed the Chairman be authorized to call a special meeting.
REPORT ON CONDITION OF JAMES W~T~T~'R HOSPITAI, BUILDING -
Mr. Bowden stated he forwarded copy of Mr. Epling's report on condition of the old
James Walker Hospital Building to all the Commissioners as he vaas requested to do.
Mr. Bowden stated he questioned Sheriff Millis about possibility of movin~ his
department to this building. Sheriff Millis stated it would be totally unsati`'sfactory.
There would be a problem of losing communication vrith the courts and all the activities
taking place there, they would be away from the jail where the deputies have to ~o back
and forth, out of contact ~rith attorneys, Clerk of Court's office, and it probably would
have an effect on the continued operation of the jail at its present location.
Mr. Bowden stated he had checked other departments, and there is no practical way to
move any of them to the James Walker Hospital.
PROCLAMATION - JOINT INDUSTRIAL CIVIL DEFENSE DAY, TUESDAY, MARCH '7~ ~972 -
Mr. Bowden stated March '7th is Joint Industrial Civil Defense Uay and the industries
have come together to participate in a seminar which is going to be conducted from 9:00 A.M.
to 5:00 P.M. on Tuesday.
Mr. Bowden read the following proclamation eahich had been signed by the Chairman:
"P R 0 C L A M A T I 0 N
NEW F,ANOVER COUNTY
JOINT INDUSTRIAL CIVIL DEFENSE DAY
T[TESDAY , '] MARCH '1972
"lvnr,t~r,AS, disasters and emergencies oStentimes strike without warning.
Whenever they occur, it is too late for planning, organizing, equippin~ and
training, which is essential to effective emergency action. Failure to have
prepared in advance for such possibilities may result in death and injury to
our populace, and the loss of or damage to our facilities, property, equipment
and production capability;
"WHEREAS, each industry resident within NEW HANOVER COUNTY, NORTH
CAROLINA is responsible to organize, develop and maintain a state of readiness
to deal with internal plant accident or catastrophe, or outside disaster,
whether man-made, natural or militar.y in nature;
"WHEREAS, our Government, Industrv, and Emplovers must maintain con-
tinuity of operation during periods of disaster and distress for the common good;
MINUTES OF THE MEETING - MARCH 6, ~972 - 9:oo_n.M. (CONTINiTED)
PROCLAMATION - JOINT INDUSTRIAI, CIVIL DEFENSE DAY. TUESDAY, MARCH 7. '1972 -(CONTINUED)
"WF~REAS, it is considered paramount to the continuity of con-
stitutional government and the.stabilization of our National, State and
Community economy that our government, industry and our populace aid.,
assist and support each other by organized mutual-aid agreements to be
immediately effective during proclaimed disaster situations; proclaimed
by the Joint Civil Defense Council, of which New Hanover County is a
member unit;
"NOW, THEREFORE, I, MEARES HARRISS, JR.,
MEI
COPIMISSIONERS, NEW HANOVER COUNTY, NORTH CAROI,INA,
New Hanover County Joint Civil Defense Council, do
7 MARCH '19'72, to be JOINT INDUSTRIAL CIVII, DEFENSE
and enjoin all local citizens and firms to display
this occasion.
CHAIRMAIQ, BOARD OF COUNTY
A member unit of the
hereby proclaim TUESDAY,
DAY in NEW HANOVER COUNTY
their flag in honor of
(s) Meares Harriss, Jr.
Meares Harriss, Jr.,~Chairman
Board of County Commissioners
New Hanover County
ATTEST:
(s) Hazel Sava~e "
Hazel Savage
Clerk to the Board
APPOINTMENT VOTING DELEGATE TO NORTH CAROZINA ASSOCIATION OF COUNTY COMMISSIONERS DISTRICT
MEETINGS - •
Mr. 4dilliams informed the Board it was necessary to designate someone as a voting
delegate to the District Meetings of the North Carolina Association of County Commissioners.
District 3 Meeting will be held at Jacksonville, N. C. at City Hall on Wednesday,
March '15, at 2:00 P.M. It does not mean that the voting delegate will determine how
New Hanover County or any other County will vote; it means he will vote the majority of the
opinion of the Board of Commissioners at the meeting on ar~y question that arises.
Mr. Oxenfeld moved, seconded b9 Mr. Marks, that Mr. Williams be appointed as the
voting delegate at the District Meeting. Motion carried unanimously.
REQUEST FOR WAIVER OF PRIVILEGE LICENSES - CIRCUS SPONSORED BY EAST WILMINGTON ROTARY
CZUB -
Mr. Fox stated there is no authority permitting the Commissioners to waive
privilege taxes.
P1r. Marks moved, seconded by Mr. Oxenfeld, that request be denied on basis of the
County Attorney's ruling it is illegal. Motion carried unanimously. Mr. Bowden was
requested to write letter to the East k~ilmington Rotary Club explaining the Board's
position.
BID OPENIIVG - PICK-UP TRUCB, HEALTH DEPARTMENT -
Due to typographical error in specifications, Mr. Marks moved, seconded by Mr.
Oxenfeld, that bids be returned to bidders and truck be readvertised. Motion carried
unanimousl~.
PLANS ON RENOVATION OF COURTHOUSE -
Mr. John R. Jefferies, Architect, was present and introduced his partner, Mr.
William G. Faris.
Meeting recessed at '10:05 A.M.
Meeting reconvened at 10:'15 A.M.
Mr. Jefferies outlined work to be done to the courthouse, some of which was
recommended by the Grand Jury. Largest part of renovation is air conditioning. Mr.
Jefferies stated funds oaill be coming from General Fund and Court Facilities Fees.
Mr. Jefferies stated air conditioning arill employ a chiller which means pipes will
be run in the walls; there will be no duct work. "
Mr. Jefferies stated it was impossible to vaork it where informal bids could be
called for. Contracts have been divided into general, electrical and air conditioning.
A tentative schedule has been set up; two advertisements for bids ten days a part is
required, one on March ~ and the other on March 'I`]. Bids will be opened on Thursday,
March 30th at 3:00 P.M.
Mr. Williams asked that the work planned be explained more fully:
Mr. Jefferies outlined work as follows:
Register of Deeds office to be enclosed, sound proofed, ceiling dropped, painted,
lighting, and air conditioning.
Room adjacent is vault which an alternate bid Vaill be taken on.
Tax Listing offices - entry foyer is base bid item, lights in the ceilin~.
Three adjacent offices are alternates for lights in the ceiling and air conditioning.
~~
MINUTES pF THE MEETING - MARCH 6. ~972 - 9:00 A.M. (CONTINUED)
PLANS ON RENOVATION OF COURTHOUSE (CONTINUED)
Room below is where coal is stored; chiller will go there. (base bid item)
Parts of the Sheriff's Department will be cooled, separating what is now squad room
into two offices, one for deputies and one for a secretary. New ceiling Iights and air
conditioning will extend into the vault.
All this is under general maintenance contract with aZternate bids being called for.
Court contract will cover permanent office for Clerk of Court painted, air conditioned,
exiclosed and lights.
Room adjacent is another alternate.
Room below will pick up receptacles; some work to be done on the steps.
In District Court Offices new floor will be provided, putting plywood down and
asbestos vinyl tile, air conditioning, lights, and painting.
Mr. Bowden stated bids were broken down in base and alternates with hopes that all
work can be done, but i£ cost is too great, only what the County can afford r~ill be done.
Mr. Jefferies requested the Board authorize advertising for bids on March '7 and
'17 and bid opening on March 30th.
Mr. Oxenfeld~moved, seconded by Mr. Hall, that bids be advertised on March ~ and '1~
and bid opening on March 30th. Motion carried ixnanimously.
Mr, Bowden stated renovations recommended by the Judges and Grand Jury on court rooms
is not included. This will be handled by.Central Prison equipment.
CITY-COUNTY GOVERNMENT CENTER -
Mr, Jefferies discussed County's need for space and stated he was furnishing the
Commissioners a letter outlining some suggestions.
Mr. Williams pointed out a committee was to have been appointed today for a study of
a government building.
Mr. Jefferies suggested a master plan for the building be made, so work can possibl3>
be done in phases ~rith prior planning. He distributed letter statin~ his firm's opinions.
The Board thanked Mr. Jefferies and Mr. Faris for the letter and their appearance
at the meeting.
JUNK ORDINI~NCE - P.EADOPTION -
Mr. Fox discussed the amended Ordinance Governing Disposition of Junk Vehicles and
Other Abandoned Items and suggested the Board adopt a resolution adopting the amended
ordinance in lieu of the one adopted on November 'I~, '19']'I.
Mr. Marks moved, seconded by Mr. Oxenfeld, that the Board resolves that the Ordinance
Governing Disposit,ion of Junk Vehicles and Other Abandoned Items adopted on November '15,
~97~ is hereby amended in its entirety to read as follows:
"AN ORDINANCE GOVERNING DISPOSITION OF JUNKED
AND ABANDONED VEHICLES, AND OTHER ABANDONED ITEMS
~~Be it ordained by the Board of Commissioners of Ne~•~ Hanover County:
Section I
"Whenever any vehicle is abandoned or junked, it may be removed
for safekeeping by or under the direction of~a Law Enforcement Agency as
specified below to a stora~e garage or area.
"'I. Law Enforcement Agency means the New Hanover CountS~ Sheriff's
Department, and the Police Department of any municipal corporation situated
in New Hanover County which by appropriate resolution has agreed. that this
ordinance shall be effective within its corporate limits and extra
territorial jurisdiction.
"2. Any member of a Law Enforcement Agency is authorized to
remove or cause to be removed any abandoned or junked vehicle, as hereinaf'ter
defined, from the street or other public place, or £rom private property
within New Hanover County and to have it removed to the designated garage
or storage area. No vehicle shall be removed from privately owned premises
without the written request of the oUmer, lessee, or occupant of the premises
unless the same has been de,clared by the Board of Commissioners to be a
health or safety hazard. The person at whose request a vehicle is removed
from privately owned property shall indemnify New Hanover County against
any loss or expense incurred by reason of the re~oval, storage or sale thereof.
'~3• It shall be unlawful for the owner or occupant of a residential
building, structur,e or property to utilize the premises of such residential
property for the open storage of an~ abandoned motor vehicle, ice box,
refrigerator, stove, glass, building matesial, building rubbish or similar
items. It shall be the duty and responsibility of every such owner or
occupant to keep the premises free of such abandoned items as listed above
including but not limited to rreeds, dead trees, trash, ~arbage.
Section II
Definitions:
°'I. The term motor vehicle or vehicle as used herein is hereby
defined to include all machines designed to be self-propelled or pulled
and intended to travel along the graund by means of wheels, treads,
runners, or slides.
MINUTES OF THE MEETING - MARCH 6, ~972 - 9:0o A.M. (CONTINUED)
JUNK ORDINANCE - RF~DOPTION - (CONTINUED)
"2. For the purposes of this section, a vehicle shall be deemed to
have been abandoned in the following circumstances:
~ (a) It has been left upon county owned property or public grounds
, ~aithin the county in violation of a law or ordinance prohibitin~ parking; or
(b) It fails to display a current license plate; or
(c) It is partially dismantled or wrecked; or
(d) It is incapable of self-propulsion or being moved in the manner
for which it was originally intended; or
(e) It is left on property owned or operated by New Hanover County
or a municipal corporation situated therein for a period of not less than 24
hours; or
(f) It is left on private property vrithout the consent of the owner,
occupant or lessee thereof £or a period of not less than two hours; or
(g) It is left on any public grounds within New Hanover County
£or a period of not less than seven (7) days.
"3. For the purposes of this ordinance, a vehicle shall be deemed to
be a junk motor vehicle whenever it is found to be an abandoned vehicle as defined
above; and in addition, is found to be inoperable, dismantled, or damaged,
5 years old or older, and worth less than $25.00.
"4. Nothing herein shall be construed to apply to any vehicle in
an enclosed building or vehicle on the premises of a business enterprise being
operated in a lawful place and manner and the vehicle being necessary to the
operation of such business enterprise, or to a vehicle in an appropriate storage
place or depository maintained in a lawful place and manner by the County.
Section III
"The following abandoned or junk vehicles are hereby declared to be
health or safet5 hazards:
"~. One which is obstructing traffic on a public way; or
"2. One vahich affords depressions in which water can pool; or
"3. One which shows evidence of being a rodent harbor; or
"4. One ~ahich is overrun by weeds and ve~etation over B inches high; or
"5. Any other vehicle specifically declared to be a health or safety
hazard by the Board of Commissioners or by the governing body of a municipal
corporation situated therein.*
'See below.
Section V
"Towing and storage: The Sherif'f's Department of New Hanover County
shall prepare and maintain an eligible list of those persons, firms or
corporations (hereinafter called garages) having businesses in New Hanover County
who appls and qualify to tow and store automobiles and trucks from the streets
and other public places in the County at the request of a Law Enforcement Agency.
"1. To auali£y £or the eligible list the applicant must:
(a) Keep his garage available twenty-four (24) hours per day,
seven ('7) clays a week.
(b) Have available at all times equipment in good condition capable
of towing any automobile or medium weight truck, regardless of size or weight,
from the streets and other public or pr•ivate places in New Hanover County when
called upon to do so.
(c) At, or in the immediate vicinit3~ of his garage, have sufficient
storage space and facilities to protect from the elements vehicles vahich might
be damaged by exposure and a sufficient amount of additional storage space to
store undamaged vehicles.
"2. The applicant must agree to assume the obligation:
(a) To promptly tow and store all vehicles to be removed from the
public streets or other public places or private property upon request of a
Lacv Enforcement Agency.
(b) To issue a receipt to a Law Enforcement Agency for each uehicle
towed and stored and keep the vehicle until its release is authorized by the
Law Enforcement AgencSr storing said vehicle.
(c) To stor.e damaged automobiles in such manner as to secure their
protection a ainst further damage by the elements.
(d~ Of collecting towing and storage fees from the owner of the
vehicle or by the sale of the :vehicle without recource on New Hanover County
or any municipal corporation situated therein.
(e) To pay all damages to vehicles entrusted to his custody as the
result of his negligence and to maintain, £or the protection of the vehicle
owners, arage keepers legal liability insurance of not less than Five Thousand
Dollars ~$5,000.00) while performing any of the services provided for in this
section.
(f) To remove from the scene of~a motor vehicle accident, in which
the vehicle to be towed was involved, all glass, metal or debris caused by
the accident.
(g) To comply with the provisions of this section under pain of
removal from the eligible list. The privileges and obligations hereunder
shall be rotated between the garage keepers on the eligible list quarterly
on the first day of January, April, July, and October in the order oY their
quali£ication beginning January 'I, 'i97~.
"3. Towing and storage:
(a) All to~aing, storage, advertising and other charges incurred
in connection with impaunded vehicle shall constitute a lien upon such vehicle,
and no stored vehicle shall be released until all such charges have been paid
to the revenue collector of New Hanover County or to the owner of the garage where
the impounded vehicle is stored.
*Section IV - It shall be unlawful for any perso to bandon.or unk a hi le wi} i New
Hanover County and for any person to leaFre or a~llow ~o remain a~y par~'ia~lgy ~dismant~end,
nonoperating, (other than a licensed business operator) junked, or otherwise discarded
vehicle.
,
MINUTES OF THE MEETING - MARCH 6, ~972 - 9:0o a.M. (CONTINUED) ,
JUNK ORDINANCE - READOPTION - (CONTINUED)
(b) If not claimed within seventy-two ('72) hours, it shall be
the duty of the chief of the Law Enforcement Agency causing storage of
the vehicle, or his agent, to notify the owner of a stored vehicle
in writing, by re~istered mail return receipt requested, of the fact
that such vehicle has been stored and the place o£ storage, setting
forth the reason for such storage and that"the vehicle will be released
to him upon payment of the charges against it incident to its storage
(including towing and storage charges and the cost of notifying.the owner
and the fine and costs, if any, of a traffic violation). If such vehicle
is registered in this or any other state, the registered owner thereof, as
shown by the r.ecords of the state of its re~istration shall be deemed.
to be the owner of the vehicle and the mailing of the required notice to
such registered owner at the address shown on such records shall be
deemed sufficient notification.
(c) Di.sposal of vehicles and distribution of proceeds of sale:
(1) Disposal of vehicles:
(i) Should the owner of an abandoned vehicle fail or
refuse to pay the costs or should the identity or whereabouts of such
owner be unknoran and unascertainable after a diligent search has been made
and after notice to him at his last known address and. to the holder of
any lien of record in the office of the department of motor vehicles
against the vehicle, the officer designated by the Board of Commissioners
of New Hanover County may, after holding the vehicle for 30 days and after
having the value of the vehicle determined by three disinterested dealers
or garagemen and after 20 days' notice has been given to the department of
motor vehicles before the date of sale, dispose of the same by public
or private sale or in the event of an appraised value of less than fifty
dollars ($50.00) by other means in the discretion of the Board of Commissioners
or the designated officer and the proceeds of any sale shall be forwarded
to the~county auditor.
(ii) Should the owner o£ a junk vehicle fail or refuse to
pay the costs and reclaim it within fifteen ('15) days after towing, the
designated officer may destroy it or dispose of it by public or private
sale in his discretion. Further, a Law Enforcement Agency may, with the
consent of the owner of a junk vehicle, remove and dispose of it regardless
of the value, condition or age without waiting the aforesaid '15 day
period. A notice containing as full and accurate a description of the
vehicle as can reasonably be determined shzll be given within '15 days
. after final disposition to the department of motor vehicles, that such vehicle
has been deemed to be a junk motor vehicle and has be:en.disposed of as such.
(iv) Motor vehicles which are health and safety hazards
and public nuisances in addition to being abandoned or junked as herein
provided shall be removed from privatel~ owned property as provided by law.
`(2) Distribution of proceeds of sale:
(i) The county auditor shall pay from the proceeds of
any sale, the cost of removal, storage, investigation as to ownership,
sale, and liens in that order. Subject to (ii) below, any remaining proceeds
shall be deposited in the;::general fund of New Hanover County.
(ii) If after the sale, the ownership of any vehicle at
the time of its removal is established satisfactorily to the designated
officer by the person claiming such ownership, the owner shall be paid by
such officer so much of the proceeds from the sale of such vehicle as remains
after paying the cost of removal, storage, investigation as to ownership,
sale, and liens as herein required.
(3) No person shall be held to answer in any civil or
criminal action to any owner or other person legally entitled to the possession
of any abandoned, junked, lost or stolen vehicle for disposing of such vehicle
as provided by this section.
"4. Notwithstanding the provisions of this section, the board of
county commissioners may, i£ in its opinion the public interest ti•rould be
served thereby, enter into an exclusive contract with one or more persons
engaged in the'towin~ and storage of motor vehicles, to remove the vehicles
described herein from the public roads and alleys and other public places
within New Hanover County on such terms and conditions as may be mutually
agreed upon. The contract so made shall be in writing; shall specify
the charges to be made for towing and storage and shall require the person
entering into the contract for the towing and storage of such vehicles to
perform the service in a manner satisfactory to the county commissioners
and shall provide for the forefeiture of the contract in the event of a
violation of any of the provisions of the contract or of any subsection
of this section which may be incorporated in and made a part of the
contract. The contract shall further provide that neither New Hanover
County nor any miznicipal corporation situated therein shall be obligated
for any damages or charges which may be incurred in the performance of the
obligation assumed by him but that the charge shall be collected solely
from the owner of the vehicle involved.
Section VI
"This ordinance shall be effective within the corporate limits
and extra territorial jurisdiction of any municipality within New Hanover
County which shall so agree by appropriate resolution.
Section VII
"Any person who shall violate the provisions of this ordinance shall
be guilty of a misdemeanor punishable by a£ine of not more than $50.00 or
imprisonment for not more than 30 days in the discretion o£ the Court, as
provided by Section 'I4-4 of the General 8tatutes of North Carolina.
Section VIII
"This ordinance shall take effect on the 'Ist day of January, 'i°,72."
Motion carried unanimously.
MINUTES OF THE MEETING - MARCH 6, ~972 - 9:0o a.M. (CONTINUED)
OCEAN-HIWAY MEPBERSHIP -
~r. Marks discussed letter of February '10, 'l0'72 from the Chamber of Commerce concerning
New Hanover County's membership in the Ocean Hiway ~lssociation.
Mr. Marks stated he felt the membership is valu~ble to the County and would like to
see it continued.
Mr. Marks moved, seconded by Mr. Hall, that the Board notify the Chamber of Commerce
that New Hanover County desires to continue membership in the Ocean Hiway Association and
that dues be paid £or from the Advertising Fund. Motion carried unanimously.
SALARY OF CORONER - '
Discussion was held on setting salary of Coroner Smith. Fees for February based on
$25 per call amounted to ~~'75 (3~ calls).
Mr. Bowden recommended salary of ~6'100 per week ($5,200 per year) for the coroner and
$75 per month for an assistant.
Mr. Marks moved, seconded by Mr. Hall, recommendations of Mr. Bowden £or $5,200 per
year for the coroner and $`J5 per month for an assistant be accepted, retroactive to
March 'I, '1972• Motion carried unanimously.
Mr. Oxenfeld pointed out budget hearings will be coming up shortly and this can be
reconsidered at that time.
It was also pointed out additional appropriations have been made for Medical
Examiners in addition to what was budgeted.
CORPS OF ENGIiv~~xS HEARING~ MARCH '16, '1972 - NORTHEAST CAPE FEAR RIVER PROJECT -
Mr. Bowden requested the Commissioners attend this meeting due to the importance
of it including perpetual easements for disposal areas and the cost of diking required
for such disposal areas.
ADJOURNMENT -
There being no further business to come before the Board, Mr. Marks moved, seconded
by Nr. Hall, that the meeting adjourn. Motion carried unanimously.
Respectfully submitted,
Hazel Savage
Clerk to the Board
/hs
Mailed 3-9-'72
MINUTES OF THE MEETING - MARCH 20, '19'72 - Q:00 A.M.
ASSEMBLY -
The re~ular semi-monthly meeting of the New Hanover County Board of Commissioners
was held on the above date and time in the Commission Building with the following present:
Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr.,
H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry Shepard;
County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board.
INVOCATION - ~
Chairman Harriss called the meeting to order and asked Rev. J. A. Humphrey, Pastor,
Mt. Olive AME Church, to give the invocation.
APPROVAL OF MINUTES - MEETING MARCH 6, '1972 -
Mr. Williams requested change on Page 8 under heading: "Salary o£ Coroner" as follows:
Zast paragraph should read: "Mr. Marks moved, seconded by Mr. Hall, recommenda~ions o£
Mr. Bowden for $5200 per year for the Coroner and ....".
Mr. Williams moved, seconded by Mr. Hall, the minutes be approved as corrected.
Motion carried unanimously.
JWENILE DETENTION SERVICES STUDY COMMITTEE REPORT -
P1r. Charlie Srown, Chairman of the Committee on Juvenile Detention Services, and
Judge Gilbert H. Burnett, member of the Committee, were present to give report on meeting
of the Committee held on March '16,, '1972. ~Mr. Brown gave the report which had been
prepared by Mr. Ray L. Grubbs, Administrative Officer, who was appointed by Chairman
Harriss to work with the Committee.
The report stated it was the consensus of the Committee that the line of authority
of the Center cJOUld be to the Courts and to the County Commissioners. This is the same
recommendation as stated in the Juvenile Services Center Committee report given on
January '15, '19'7'I (Page 6). The overall direction orill be coordinated through the County
Commissioners and the Courts.
The report stated the basic concept of the Center will be one which is diagnostic
and rehabilitative in nature rather than to act as a"holding station" for juveniles.
This is the same concept as stated in the report submitted by the Juvenile Services
Committee on January '15, '19'7'I (Page A-4 under Concepts). This means the Center will have
its own professional staff. The report also stated because the Center is a 24-hour,
seven day a week operation, it will be necessary to utilize other agencies for
supportive activities.
The report stated the Juvenile Services Committee is recommending basically the
same staff as recommended by Mr. Grubbs and ~r. Bowden at the County Commissioners
meeting of February 2'i; only change is that the Social Worker II position has been