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1972-05-01 Regular Meeting~~~ TES OF THE MEETING - MAY 1, i972 - 9~3o a. M. ASSEMBI,Y - 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 caith 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. ~NVOCATION - Chairman Harriss called the meeting to order and in the absence of the scheduled minister asked The Rev. Richard Ottaway to.give the invocation. BOARD OF E9UAI,IZATION AND REVIEW - There being no additional cases to come be£ore the Board of Egualization and Review, Mr. Hall moved, seconded by Mr. Oxenfeld, that the sessions of the Board of Egualization and Review be closed. Motion carried unanimousl9. APPROVAL OF MINUTES - REGULAR MEETING, APRIL 17 - Correction was called for by Mr. Williams on Page 3, first paragraph. First sentence should read as £ollows: "Mr. Hall moved, seconded by Mr. Oxenfeld..." Correction was called for by Mr. Marks on Page 9, seventh paragraph. First sentence should read as follows: "Mr. Marks stated he understood bus service may be discontinued..." Mr. Williams moved, seconded by Mr. Aall, the minutes be approved as corrected. Motion carried unanimously. PARKING ORDINANCE - NEFI HANOVER MEMORIAI, HOSPITAL - Status of Parking Ordinance at the New Hanover Memorial Hospital was discussed. Mr. Fox stated he had discussed ordinance with the City Attorney who thought it might be more appropria~e if the City enacted its nwn ordinance, and the matter was left with him for his handling. Mr. Fox stated the County cannot enact an ordinance that is applicable within:the corporate limits of the City of Wilmington unless the City agrees. Mr. Williams stated this has been discussed for sometime with the City and they have not to date taken any action. Mr. Williams stated he was willing to wait a brie£ time for them to act on the ordinance, but if they fail to do so, he would like for the Board to determine now it is going to pass such an ordinance and ask that they concur in it. Mr. Williams stated this is an acute problem. It was pointed out by Mr. Marks an ordinance enacted by the County would not be effective un.less the City concurs. Mr. Williams stated he was aware of this, but he would like for the County to enact such an ordinance and ~ive the City an opportunity to approve it or reject it. In repl~ to Mr. Hall's question of whether the County has control over its own property, and if it can impose some regulation, Mr. Fox stated there are two problems; the lease agreement of County property to the hospital and the County is in the same position as any other property owner within the City of Wilmington with respect to prosecuting someone £or trespassing. Mr. Fox stated insofar as an ordinance establishing criminal responsibility, it would have to be enacted by the County and concurred in by the City, or enacted by the City as property does lie within the corporate limits. Mr. Narks stated it might be well for the hospital authorities to appear before the City Council and impress upon them the urgency o£ the matter. By common consent the matter wa6 deferred until May 15 in order for the City to have an opportunity to meet and act on it. At Mr. Oxenfeld's suggestion, it was agreed Mr. Bowden write a letter informing the City Council the County does have the matter under consideration and are in hopes the City will act upon it, as the problem is acute. REQUEST FOR APPROPRIATION - M[JSEUM - Reguest from the Museum was presented by Mr. Bhepard for appronriation of $160 to Telephone and $200 to Electric-Power. Mr. Shepard recommended funds come from General Contingency F1znd. Mr. Marks moved, seconded by Mr. Williams, approval of the request, funds coming from the General Contingency F1znd. Motion carried unanimously. REQUEST FOR APPROPRIATION - JAIL - Mr. Shepard presented requests from the Jail for ~'750 to Medical Expense and $1200 to Groceries. Mr. Shepard recommended funds come from the General Contingency Fund. Mr. Williams moved, seconded by Mr. Hall, both requests be approved, funds~comin~ from the General Contingency E~znd. Motion carried unanimously. ~9~~T•-FOR APPROPRIATION - INSURANCE GENERAL - Mr. Shepard requested $90 be appropriated to Insurance-General from the General Conting- ency F1znd. Mr. 47i11iams moved, seconded by Mr. Oxen£eld, that the request be approved. Motion carried unanimously. REQUEST FOR TRANSFER OF FUNDS - HEAIIPH DEPARTMENT - Mr. Shepard presented request from the Health Department for transfer of ~b600 to Landfill- Gas & Oil from Landfill-General Supplies, Repairs, etc. Mr. Marks moved, seconded by Mr. Hall, the request be approved. Motion carried unanimously. REQUEST FOR TRANSFER OF FUNDS - CIVIL DEFEIQSE - Mr. Shepard presented request £rom Civil Defense for transfer of 9p40 from Social Security to Hospital Insurance. . Civil Defense requested following reduction of their accounts: Surplus Maintenance $100, Telephone $100, Travel Outside of County $300 and Travel Inside of County $~100, total 46600. Civil Defense requested Communications be increased $600. 11'~~ MINUTES OF TF~ MEETING - MAY l, 1972 - CCONTINUED) REQUEST FOR TRANSFER OF FUNDS - CIVIL DEFENSE -(CONmINUED) Civil De£ense advised they anticipated turning back approximately ~p1,000 unexpended £unds for 1972- Mr. Marks moved, seconded by Mr. Hall, the requests be granted. Motion carried unanimousl~*. RE~.UEST FOR APPROPRIATION - INSPECTION OFFICE - Mr. Shepard presented request from Inspection Office for $200 for Office Supplies from the General Contingency F'und. Mr. Williams moved seconded by Mr. Hall, the reguest be approved. I~otion carried unanimously. Mr. Shepard presented request from the Airport for transfer of 9b120 from Airport Labor and Professional Account to Bonds. These bonds are for two special deputies which the FA.A in Atlanta has reguested at the Airport. Mr. Oxenfeld moved, seconded by P1r. Hall, the request be approved. Motion carried unanimously. SOCIAI, SERVICES DEPARTMENT - Chairman Harriss stated the Social Services Board orishes to go on record as planning to request funds to renovate fourth floor of the old James lJalker Nurses Home. Social Services are presently occupying three floors of the building. Chairman Harriss stated the Federal Government has advised the.County it is required to have a definite staffing pattern by July, and if the County does not, the County's share of the Social Services Budget will be increased from 15.8% to 40.8%. Mr. Marks was of the opinion the purpose of this reguirement is to reduce case loads. Mr. Marks stated from past experience when the case loads are covered as recommended by the Federal Government, the case workers are able to eliminate numerous people from the rolls which more than offsets the additional salaries for additional employees. SOCIAI, SERVICES - SUBORDINATING LIEN TO FIRST CITIZENS BANK AND TRUST COMPANY - FRANCIS BUTLER PICKETT - P1r. 1°iarks guestioned charge of $100 £or the $250 loan requested. By common consent decision on this matter was deferred until May 15 Meeting in order for the matter to be clarified by the Social Services Board. DISCUSSION OF ASSISTANCE WITH SOCIAL PROBLEM,S - Chairman Harriss introduced The Rev. Richard Ottaway of Human Enterprises Institute at Wake Forest University to the Board and stated he, Mr. Van Reid o£ the Chamber of Commerce and Mr. Ottaway h~d spent guite some time di~~ussing the situation in Wilmington regarding some problems that are present in the City and some ~ahich are alleged will be had. P1r. Harriss stated they had discussed what the City and County are doing and it appeared from the conversa- tion the City and County are doing more than many people understand they are doing, and the cause may be helped a great deal by bringing together these ef£orts. Mr. Ottaway stated his group has vaorked in Wilmington for more than a year, mostly in trainin~ capacities, working with groups oY citizens, Chamber of Commerce, and a couple of groups put together by the Episcopal Church basically to try to give some understanding of racial dynamics that are current in communities at this time, enabling these groups to understand their own personal attitudes and how these attitudes are reflected in the behavior o£ the community. Mr. Ottaway stated his group had talked with people of both the City and County about the possibility of helping the community to move together in a very creative way to build a constructive program. Nr. Ottati~~ay stated they are currently in a two-month study of the situation to try and determine what is being done both in the City and County Governments as well as interested citizen groups. Mr. ~ttaway asked to be furnished list of areas to look into during this study period. Mr. Harriss stated Mr. Ottatiaay had talked with the Mayor and members of the Human Relations Commission. They have indicated approval of this effort. No commitment is being made; only the study they are making. Mr. Harriss pointed out Wilmington has had no problems different from any other place; it is just misfortunate it has been singled out by the nev~s media that its problems are unique. Mr. Marks moved, seconded by Mr. Hall, that the Board endorse this study and request that it be kept informed of the results of the study. Motion carried unanimously. Areas to work in were suggested as Public Health, Social Services, Sheriff's Department, Mental Health, and Committee on Drug Abuse. Mr. G]illiams inquired oahether this study duplicates any other study that is undervaay at this time. Mr. Ottaway said he did not knoU!, but would think not based on discussions he had had with various people. Mr. Ottaway stated the Human Relations Commission is their target. His group will be workin~ with them with procedure they use in makin~ their decision, way they divide up thei.r work, and kind of role the Human Enterprises Institute think the~ should play. The study wil.l be aimed for identifying needs in the Community in which better human relations are needed and pointing to some ~ture programs. PUBI,IC HEARING - R~ZONING REQUEST kND REQUEST FOR SFECIAL USE PERMIT - P'ir. Harriss declared public hearin~ tahich tiaas scheduled for y:30 A.P1. open. Mr. rlallory stated purpose of the Public Hearing i~aas to consider a rezoning request and and application for special use permit as follows: Following rezoning request was considered: ~wV MINUTES OF THE MEETING - MAY 1, 1972 -(CONTINUED) PUBLIC FIEARING - REZONING REQUEST AND REQUE~Y'FOR SPECIAI, USE PERMIT -(CONTINU'~D) REZONING 1. Property located at Wri~htsville Sound bett+~een Highway 7!~ and Highway ']6 approximately 1,30~ feet west of the intersection of Highways 74 to '76 from B-1 (Business District) to B-2 (Business District)in Zoning Area # 2. ' Mr. Mallory stated 22 additional businesses are allo~•red in a B-2 District that are not allovaed in a B-1 District. B-2 District is termed as being Hightvay type business district and a lot of highway usages are permitted. Mr. Mallory stated the Planning Commission recommends rezonin~. Mr. Mallory stated the owner wishes to use the lot for a boat sales and repair business which is not permitted in a B-1 Distriot and which will necessitate a B-2 Zoning. Mr. Mallory stated no one appeared at the Planning Commission meetin~ to object to this reguest. There were not persons present at the Public Hearing toda~ viho V~ished to speak against the request. Mr. Jim Fountain, one of the owners o£ the property, spoke in support of his reguest outlining use they anticipate putting this property to. Mr. Williams stated he had seen the property, and it appears that what the owner plans to put there seems to be a normal and natural use for the area. Mr. Marks moved, seconded by Mr. Hall, approval oS the rezoning request and the signing of the ordinance amending the Zoning Map of Area ~2 which was adopted December 15, 1969• Motion carried unanimously. (Ordinarice is contained in Zoning Ordinance Book I, Section 2, Page 4. J The following application for Special Use Permit vaas considered: • f~PPI,ICATION FOR SPECIAL USE PERMIT l. kpplication for Special Use Permit to use property at 6301-630'7 Wrightsville Avenue for a scuba diving school and related functions in Zoning District R-15 (Single Family District) in Zoning Area ~#6. Mr. Harriss reguested the Commission approve his abstaining on votin~ on this matter since he is concerned with the reguest. Mr. Hall moved, seconded by Mr. Williams, that Mr. Harriss be allowed to abstain from voting on this matter because of his interest. Motion carried unanimously. Mr. Mallor9 stated the Planning Commission recommends issuance of the permit, subject to the following: l. Plans submitted with the application for Special Use Permit 2. No outsidedisplay of materials and/or activities 3. One sign be permitted and limited to 32 square feet and located at least 10 feet from the street right-of-way and any property line 4. Recommend that existing structure adjacent to Wrightsville Avenue be demolished or moved back to con£orm with required setbacks Mr. Oxenfeld moved, seconded by Mr. Williams, that the application for special usepermit be approved as secommended by the Planning Commission. Motion carried. I'Ir. Harriss abstained from voting. Mr. Harriss declared Public Hearingcl'09~d at this time. APPROVAI, SUBDIVISION PLATS - FIGURE 8 ISLAND - Mr. [dilliam Hill, Attorney, and Mr. James B. Shea, Vice-President and General Manager o£ Figure 8 Island Company, were present for the presentation of the request for approval of Subdivision Plats. Mr. Jerry Ramsey, Assistant Director of Planning, presented plat to the Board of Commis- sioners. Plat showed several sections of Figure 8 Island. Mr. Ramsey stated concept was presented to the Planning Commission iaith request that it be accepted as a planned new development and it be excluded £rom some of the formal sub- division requirements o£ the ordinance. One was that the public roads be dedicated to public use and in such condition as the Highway Commission would accept. They came back to the Planning Commission with the preliminary development plan for the oahole island. Mr. Ramsey stated they had taken precautions in environment and marsh area. The concept was approved by the Planning Commission with requests that additional agreements from the developer guaranteeing that the facilities such as roads, bridge and water system would be taken care of by the Homeowners Association once the Figure 8 Island Company had completed development. This is the understood and agreed to concept by the developer, the Homeowners Association, and the individual property owners. Mr. Ramsey stated agreement was drat~~n up by Mr. Hill's law firm, with the aid of I°ir. Fox, which is satisfactory to the Planning Commission. This oaill ensure the orderly transferral of responsibilities from the Figure 8 Island Company to Homeowners Association. Mr. Ramsey read portion of agreement which states it is recogz~ized by the parties hereto that no poli- tical subdivision of the 6tate of North Carolina or municipal corporation has any responsi- bility for maintaining, repairing or replacing common lands or facilities, and that the Figure 8 Island Company has responsibility for such action until such time as the common lands and £acilities are conveyed to the Association. PTr. Williams asked Mr. Ramsey for more detailed in~ormation on the streets so there will be no misunderstanding, as there has been in the past. In the past homeowners in other such developments have felt that New Hanover County should take care of the drainage, sewerage, and street si:tuations. MINUTES OF THE MEETING - I14Y 1, 1972 -~CONTINUED) ~~~ APPRO~AI,-SUBDIVISION PLATS - FIGURE 8 ISLAND (CONTINUED) Mr. Ramsey stated the Planning Commission had this as their major consideration when they approved this concept. The Planning Commission asked that complete information on construction of streets be submitted to the New Hanover County Engineer for his inspection. Mr. Hall raised Question of whether or not New Hanover County would be held responsible if the County Engineer approves the streets and something goes wrong. Mr. Ramsey stated this would not be the case in view of the agreement between the Figure 8 Island Company and the Homeowners Association on the Island. The County Engineer has assured the Planning Depart- ment and the Planning Commission that their plans for the construction of the streets equal or exceed the minimum requirements of the Highu~ay Commission, including right-of-ways. The streets will be maintained until such time as the Homeowners Association takes over. Mr. Hall moved, seconded by Mr. Marks, thatthe concept as outlined by Mr. Ramsey, and the agreement between Figure 8 Island Company and Homeowners kssociation to maintain the facilities, be approved. Mr. Fox pointed out the County is not a party to the agreement; it is between the Figure 8 Island Company and the Homeowners Association. Mr. Oxenfeld stated since he had been involved in the planning of this project, he would like to abstain £rom voting on this matter. Mr. Hall moved, seconded by Mr. Williams, that Mr. Oxenfeld be allowed to abstain from voting on this matter. Motion carried unanimously. Mr. Williams stated he wanted it clearly understood that in approvin~ this plan there is no likelihood in the flxture New Hanover County will find itself in the same position that it has found with other developments such as Harbor Island. Mr. Williams stressed the need of precaution being taken so that not only o~ill New Hanover County not legally be responsible £or any problems in connection with this plan but the people are not goin~ to be given the impression New Hanover County has the responsibility. Mr. Williams suggested de£erring action until the next meeting in order to give members an opportunity to read the agreement. Mr. Shea reguested approval because of financing time schedule, and it is necessary to get plats recorded. Mr. Mallory stated the only action the Board wi11 take today, if they take action, will only affect 25 lots that are not recorded. This is not the final action on this subdivision. In reply to Mr. Williams' inguiry, it was stated wells and septic tanks will be used; the Health Department has approved septic tanks on 15,000 square foot lots. Also, the septic tanks will be serviced annually. .. ' P1r. Fox stated he was of the opinion it would be appropriate to approve only the current subdivision plats; there should be no commitment by the Board as approvin~ the concept. r~r. Hall withdrew his motion and Mr. Marks his second. Mr. Williams moved, seconded by Mr. Hall, approval of plats of Sections 5,6 and 7 0£ Figure 8 Island Subdivision as r~nmmended by the Planning Commission, and the Chairman be authorized to sign the plats. Motion carried. Mr. Oxenfeld abstained from voting. LOWER CAPE FEAR COUNCIL FOR THE ARTS - Nir. Nick Evers, Managing Director, Lower Cape Fear Council For the Arts, appeared before the Board stating the Lower Cape Fear Council For the Arts has its charter from the State, has 51 members, a board of directors and by-laws. The purpose of the Council is to bring summertime entertainment to the Greenfield Amphitheater. Mr. Evers stated the Council needs funds. The City is providing approximately ~G6,000 for maintenance of the Amphitheater, and secretarial service. Mr. Evers stated the Council will need approximatel~ 9618,000°for the Summer, and they anticipate most of this £rom gate receipts. Mr. Evers requested $1,000 from the County now and $5,000 be included in the County's Budget for 19'72-73. Mr• Fox stated tax monies cannot be appropriated for this pro- ject. Mr. Evers stated they planned to raise money from patrons and memberships and are try- in~ to find large money benefactors. Mr. Marks moved, seconded by Nir. Hall, this request be taken under advisement and decision given Mr. Evers at a later date. Motion carried unanimously. Meeting recessed at 10:50 A.M. Meeting reconvened at 11:05 A. M. PROPOSED ZONING OF kREA N0. 8- Mr. Jerry Ramsey, Assistant Director of Planning, discussed proposed zoning of Area 8. In general the boundaries of the area to be zoned are: (1) northern boundary being the northeast branch of the Cape Fear River (Northeast Cape Fear River) from the Seaboard Coastline rail crossing to its intersection with Island Creek, thence up said Creek to its intersection with Old House Branch, thence on a straight line toward the fork in Foys Creek to a point approximately 1,000 feet north and west of the Seaboard Coastline tracks that parallel U.S. 1'7 No=th (said line being a portion of the Pender-New Hanover County Zine); (2) eastern boundarg being a line running more or less parallel to U.S. 1'7 North 1,000 feet north of the Seaboard Coastline tracks from a point in the New Hanover-Pender County Line to a point at right angles to Bayshore Drive, thence southeast to a point 200 feet south of Bayshore Drive and 1,500 feet east of U.S. 17, thence southwest and parallel to U.S. 1'] to a point 1,500~ feet southeast of the intersection of U.S. 1'] and S.R. 1409 (Military Cut-Off Road), thence northwest to a point 1,000 £eet north of the Seaboard Coastline tracks, thence southwest to a point in the City's One Mile Jurisdictional I,imit 1,000 feet north of the Seaboard Coastline tracks (this boundary in- clud.es the Ogden Community, said line is also the vaestern boundary for Zoning Areas 3, 5, • ~~~ MINUTES OF THE MEETING - MAY l, 1972 -(CONTINiTED) PROPOSED ZONING OF AREA N0. 8(CONTINUED) - and 6); (3) the southern boundary being the of-way line of S.R. 11~5 and S. R. 132~ and (4) the ~oestern boundary being the Seaboard New Hanover-Pender County Line, said point Fear River. City's One Mile Jurisdictional Zimit, the o:estern right- the sou~hern right-of-way line o£ S. R. 1322; and, Coastline tracks from S.R. 1322 to a point in the ~eing in the rai.l crossing on the Northeast Cape Mr. Ramsey pointed out the di£ferent zones on the map. Mr. T4allory stated the Planning Commission has held trao public hearings on the proposed zoning and most of the problems have been worked out. kfter brief discussion, Nr. Williams moved, seconded by Mr. Hall, that a public hearing be held on June 5, 19~2. Motion carried unanimously. ONE-MILE JURISDICTIONAL I,IMIT - Mr. Harriss inquired c,ihat is going to happen in July if the City relinguishes control of the one-mile area. Mr. Mallory stated by that time, or prior to that time, the Planning Commission will have a recommendation to the Board so it can hold a public meeting sometmme in June to convert the City's zoning into the County's zoning. P'ir. Williams asked Mr. Mallory if the City is definitely relinquishing control of the one-mile area. Mr. Mallory stated he could not say definitely but all indications are they will. Mr. Williams asked Mr. Mallory what authority the County would have should the other municipalities request control in the one-mile area. Mr. T•iallory stated he was o£ the opinion all cities are authorized to go beyond their one-mile limit. A city the size of Wilmington, according to the statute, can go up to a three-mile area but cannot ~o beyond present one-mile without approval of the County. Mr. Fox stated the charter of the City gives the City authority in addition to the General Statutes. APPOINTMENT MEMBER TO T'NSEUM BOARD OF TRUSTEES - Upon request of the Board of Trustees of the Wilmington-New Hanover Museum, Mr. Hall moved, seconded by Mr. Oxenfeld, that Mrs. Albert Killingsworth (Elizabeth) be appointed to serve on the Museum Board of Trustees for the unexpired term of Mr. Winfield Sapp (July 1972) and also for a full term which will expire July 1, 1975. Motion carried unanimously. DESIGNATION OF WEEB IN MAY AS SENIOR CITIZENS FTEEK - Letter from I~Tr.J. Eddie Brown, Executive Director, The North Carolina Governor's Coordin- ating Council on Aging, requesting the County Commissioners to designate a week during the month of ~ay as Senior Citizens Week was presented to the Board by Mr. Harriss. N(r. Marks moved, seconded by Mr. Williams, that week of May 15-21, 19~2 be designated as , Senior Citizens Week in New Hanover County. rlotion carried unanimously. LAW DAY - Mr. Harriss read proclamation of Law Day USA which he and the Nayor signed on April 28, 19~2 proclaiming May 1, 19'72 as Zaw Day in the City of Wilmington and New Hanover County. Mr. Williams moved, seconded by Mr. Hall, that the proclamation be approved nunc pro tunc and made a part o£ the record. Motion carried unanimously. Following is the proclamation: "PROCLAMATION OF I~AW DAY USA In many areas of the world today the principle of individual £reedom and eguality is being challenged. Our nation is committed to a role of leadership in meeting that challenge and in preserving the values of our free society. The system of representative government under which we live, oaith its ideals of equal justice, equal opportunity, and protection of the rights of all citizens, is built upon a body of laws of our own making, and administered by independent courts. The system depends for vitality and strength upon broad citizen parti- cipation and understanding. This includes voluntary compliance with the rule of law and an informed awareness of the responsibilities of citizenship. It is appropriate, therefore, that by Act of Congress, and by official proclamation o£ the President of the United States, a special day has been set aside on which the American people are asked to give thoughtful attention to the place of law in our lives. This nationwide observance known as Law Day USA wi11 take place on May 1. The fifteenth annual observance of Law Day this year will offer to all Americans a timely reminder of the priceless values of freedom under law. It also will provide significantevidence to the world o£ the determination of our nation to uphold £reedom and justice and the institutions ti•ihich make them possible. NoW, THEREFORE, WE, B. D. Schwartz, Mayor of the City of Wilmington, and Meares Harriss, Jr., Chairman of the Nela Hanover County Board of County Commis- sioners, do hereby join in proclaiming Monday, Mayil, 19'72, as Law Day in the City of Wilmington and the County o£ New Hanover and call upon all citizens, or~anizations, schools and churches to recognize this special day and to join in its observance. Dated at the City of Wilmington, this 28th day of April, 19']2. B. D. Schurartz Mayor of the City of Wilmin~ton ~ Meares Harriss. Jr. Chairman of New Hanover County Board of Commissioners" MINUTES OF THE MEETING - MAY 1, 1972 -(CONTSNUED) ADOPTION OF RESOLUTION - REGISTER OF DEEDS TO MAKE CERTAIN CERTIFICATION TO THE TAX ADMINISTRATOR WHEN ANY COIQVEYANCE OF REAL PROFERTY (OTHER THkN A DEED OF TRUST OR MORTGAG~~IS RECORDED - Mr. Harriss presented following resolution and alternate, prepared by Mr. Fox, regarding information to be furnished the Tax Office by the Register of Deeds when certain instruments are recorded: "RESOLVED in order to facilitate the act of listing of real property for taxation, the Register of Deeds, pursuant to G. S. 5105-303, is herewith required to refuse to record any conveyance of real property (other than a deed of trust or mort~age) unless it has been presented to the Tax Supervisor and the Tax Supervisor has noted thereon that he has obtained the information he desires from the conveyance and from the person recording it. "As an alternative to the foregoing, when any conveyance of real property (other than a deed of trust or mortgage) is recorded, the Re~ister of Deeds is required to certify to the Tax Supervisor: "(a) The name of the person conveying the property. (b) The name of the person to whom the property is conveyed. (c) A description of the property sufficient to locate and identify it. (d). A statement as to whether the parcel is conveyed in whole or in part. "The aforesaid certification shall be a copy of the conveyance to be recorded, containing thereon the correct mailing address o£ the Grantee and the amount of consideration paid for real property conveyed thereby. The Register of Deeds shall charge ~ch party requesting recordation of a conveyance the sum of fifty cex2ts for making the copy of the conveyance as required hereby. In the alternative, the party requesting recordation may furnish said copy, together with the info~mation reguired, to the Register of Deeds at the former's e~cpense." Purpose of this resolution is to save persons recording papers from having to go to the Tax Office. Mr. Harriss suggested copy of resolution be £urnished each attorney to eliminate a lot of confusion. Mr. Williams suggested also a cover letter be sent oaith the resolution ex- plaining more clearly what is requested, so there will be no misunderstanding. Mr. Marks moved, seconded by Mr. Williams, adoption of the resolution and alternate des- cribing the new procedure. Motion carried unanimously. REQDEST FOR FIRE410RKS DISP7~AY kT LEGION STkDIUM ON JUI,Y 4th. Mr. Bowden stated he was in receipt of request from Mr. Derick Davis, Actii~~ Director of Parks.and Recreation, City o£ Wilmington, for permission to have fireworks display at Zegion Stadium on July 4th. Mr. Davis stated fireworks will be handled b9 Mr. Tom Marsh, the necessary insurance will be carried through Mr. Harold Wells, and a fire truck will be at the stadium. Mr. Williams moved, seconded by Mr. Oxenfeld, approval of the request. Motion carried unanimously. REPORT ON PROPOSAI,S FOR OPERATION OF SANITARY I~ANDFILL - Mr. Bowden reported on proposals received on Friday for operation of the Land£ill Opera- tion. The proposals were referred to a committee which met with the municipalities. Mr. Epling, County Engineer, met iaith Mr. Coleman and Mr. Little o£ the City. Letters were received acknowledging receipt of proposals but they were not interested in bidding at this time. Mr. Bowden stated by far the Waste Industries, Inc. proposal was most attractive. The municipalities have asked for a meeting of the Boards to resolve the method of payment. Nir. Bowden stated Mr. Poole, who has been operating in North Carolina for sometime, gave a pro- posal that would operate through the week eight hours a day and on Saturdays from 9:00 A.M. to 6:00 P.M. and on Sundays from 9:00 A.M. to 3:00 P.M. allowing casuals free use of the landfill. Charge will be 40 cents per cubic yard. The Committee heartily recommended accept- ance of Waste Industries' proposal. Mr. Cranford stated it was up to the Commissioners to decide which vaay they wanted to go. Another proposal had a minimum charge of $2 for anyone coming into the landfill sites. Waste Industries has been highly recommended by various people throughout the State. Mr. Bowden stated this will be operated on a user-pay basis. Mr. Harriss stated he felt unless there is some method of payment based on County-wide distribution cost, it will discrimi]aat~ against the municipalities inasmuch as they will be paying for those using it on a free basis. I"Ir. BoVaden stated his contention is, it will not, because the Cit~ does not require persons to use its services. The collection service fee will have to be paid which will include the disposal fee, just as a county resident has to pay the collection fees and included in that collection fee will have to be the advance of the disposal fee. Mr. Bowden stated the equipment the County owns will be purchased by Mr. Poole. Mr. Bowden stated he would like to see action taken that will give Waste Industries the go ahead to start on site ne~otiations, because it will take approximately six months from the acceptance of the proposal until the time negotiations have been concluded. First a site has to be located that will be economically feasible, and secondly, it has'to be acceptable to the State Board of Health. The contract will be Yor a period of five years. Types of materials to be accepted include all solid waste to be hauled to the landfill in municipal collection vehicles, however special handling may be required regarding private individuals and unfranchised haulers prior to accepting the following types of wastes, stumps and lo~s greater than one half yard in volume, flammable or toyic materials, demolition Fiastes, junlc cars or other vehicles, appliances, tires, furniture, and screenings from municipal waste treatment plant. ~~~ ~ ~~~ MINUTES OF THE MEETIIdG - MAY 1, 1972 -(CONTINUED) REPORT ON PROPOSAIoS FOR OPERATION OF SANITARY LANDFILL (CONTINUED) - Mr. Bowden recommended the proposal be accepted with the provision that casual users be al- lowed to carry their refuse to landfill without cost. The price on the base bid without the Saturday and Sunday operation and disallowing casuals is 35 cents per cubic yard; base bid on klternate 1, which is the Saturday and Sunday operation, is 36 cents and his Alternate in operat- ing Saturdays and Sundays and allowing free use by individuals is 40 cents per cubic yard. This is £or disposal. No collection of refuse is involved. Collection of fees for disposal will be handled by Waste Industries. The contract can be renegotiated or cancelled with 90 days prior notice. The committee making study of proposals did ~~,this proposal be accepted, but that the Board of Commissioners meet with the municipalities and discuss the County tax base for this. Mr. Bowden stated the next step will be to franchise collectors in New Hanover County. Do~t=.t.o Coun~y~.no~r_ for'ope~ation of .l~nd~'i13~'s<.is` hpproximatefiy, $9,DOOnannually, which in- cludes depreciation. Mr. Williams moved, seconded by M. Hall, that the item be placed. on the Agenda for action at the next meeting. Notion carried unanimously. APPOINTT'IENT OF OUTSIDE AUDITOR - Mr. Marks discussed having outside auditor audit the books at this time. Mr. Marks moved, seconded by Mr. ~enfeld, that the same firm be employed, Cherry, Bekaert and Holland, to audit the County's books this year. Mr. Harriss was of the opinion other auditors should be used on a rotation basis which has been done in the past. Mr. Hall and Mr. Marks were of the opinion an auditor who has done the audit before can do it at a savings and in less time. Vote was called on motion. It carried unanimously. AIRPORT ZONG RANGE PLANNING PROJECT - Mr. Marks stated by attending meeting of the Airport Commission recently he saw several ad- vantages of updating the long range plan which ~aas developed several years ago: (1) ~•~hatever application they make in the future £or £ederal matching funds for Airport Development the first thing that would have to be done would be to update lon~ range plan, (2) what ~aas not handled in last plan was ecological study and this will have to be made in this study, and (3) determination oS hooa much land that is owned by the Airport now is needed now, or will be needed in the future, for airport service, and how much could be made available to the Airport Commission for resale to industry to provide £unds for £uture development of the Airport for the development of the Airport. Mr. Marks stated the Airport Commission had shown that this particular month there are sub- stantial Federal funds still available for allocation in the current fiscal year for airport development that have not been spent, and when funds are turned back unspent next year's alloca- tion will be reduced. The Airport Commissioners feel if an application is approved, signed and mailed immediately, ti~lo-thirds of cost paid by them would be forthcoming from them, and the engineering firm that did the last study would be the ones to do this one. They have the manpower to get on it immediately. The total cost of the project is approximately,~16,000; local share o£ the County will be approximately Sp5,000. Mr. Marks moved, seconded by Mr. Hall, the approving, preparing, and forwarding of the application for this federal grant to make this survey, and the Chairman be authorized to sign resolution givin~ Chairman of the ~irport Commission authority to file application. Motion carried unanimously. REtis.ivur. SHARING HR-14370 - Mr. Harriss reported on communication from Mr. John Morrisey, North Carolina Association of County Commissioners, stating the House of Representatives rai].1 vote on Revenue Sharing Bill HR-143'JO on Monday, May 8th. Mr. Morrisey suggested it would be highly valuable to the counties to write their congressmen asking them to vote "Yes" on the bill. ' After discussion, it was agreed tYiat the Board was not in favor of Revenue Sharing at the present time, and no action will be taken as a Board. C71EAN WATER BOND ISSUE - Mr. Harriss pointed out the Clean Water Bond Issue will be voted on on May 6, 1972. It is a 150 million dollar State-Wide Program for relieving pollution of streams. If passed, New Hanover County, together with the City, stands to get $1,200,000. Mr. Harriss called attention of the citizens of Nera Hanover County to the fact the Board of Commissioners has.endorsed this bond issue and recommends their,favorable consideration. NORTH CAROLINA SPORTS fLLLL OF FAME BANQ.UET - Mr. Harriss advised the Board of letter from Mr. Calvin Lane expressing appreciation to the Commissioners for the County's generous contribution to the North Carolina Sports Hall of Fame Banquet. By common consent it ~aas agreed to write Mr. Lane and the Committee thanking them for the work they did. MR. JOHN A. WESTBROOg COMi`~,ivL~,D - Attention was called to the fact Mr. Westbrook had been highly commended by the Azalea Festival Committee and the FA.A for the fine ~iork he did at the Airport during the Azalea Festival and ithe Air Show. By common consent, it was a~reed letter £rom the Board of Commissioners be sent to Mr. Westbrook commending him also. , ~ C~JS~ MINUTES OF THE MEETING - MAY l, 19~2 -(CONTINUED) BOARD OF EDUCATION - The Board of Education has reguested to meet with the Board informally to discuss site for their Administration Building. By common consent Mr. Bowden was asked to set up the meeting. ADJOURNMENT - There being no £urther business to come before the Board, Mr. Williams moved, seconded by Mr. Hall, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, hs/mw MINUTES OF THE P1~ETING - MAY 15, 1972 - 9~3o a. M. Hazel Savage Clerk to the Board 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 followin~ present: Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld; County Auditor Perry Shepard; County kdministrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board. County Attorney James C. Fox was absent. INVOCATIOIQ - Chairman Harriss called the meeting to order and asked The Rev. Donnie Davis, Pastor, Devon Park Methodist Church, to give the invocation. CHAIRPYAN EXCUSED FROM MEETING - Chairman Harriss requested he be excused from the meeting for a brief period. Vice- Chairman Williams assumed the chair in his absence. aPPROVAI, OF MINUTES - REGULAR MEETING, MAY 1~ 19~2 - Mr. Marks requested correction on Page 12, ninth para~raph. First sentence should read: "Mr. Marks stated the Airport Commission had shown that this particular month there are substantial Federal funds still available..." Mr. Marks moved, seconded by Mr. Oxenfeld, the minutes be approved as corrected. Motion carried unanimously. APPROVAI, OF MINUTES - BOARD OF EQ.UALIZATION AND REVIEW, APRIL 26 AND 2~, 1972 - Minutes of Board of Equalization and Review were prepared by member of Mr. Powell's staff. Mr. Williams reguested following corrections on Page 1: Fourth paragraph, first sentence should read: Chairman." "Mr. Hall nominated Mr. Williams as Vice- Fifth paragraph, first sentence should read proceed..." Seventh paragraph, third sentence should read: Chairman, and..." "Mr. Williams suggested that the Board "At this point, Mr. Harriss was elected Mr. Hall moved, seconded by Mr. Oxen£eld, the minutes be approved as corrected. T4otion carried unanimously. CHAIRMAN RETURNS TO MEETING - Chairman Harriss returned to the meeting at this time and assumed the chair. ONE-I"~ILE JURISDICTION - CITY OF WILPr"ilNGTON - Members of the City Council, City Attorney, and the City Mana~er were present £or this discussion. Mr. John Jones, City Manager, advised the City has been considering for sometime giving up part of its jurisdiction in the one-mile area. Mr. Jones pointed out the Commissioners and Councilmen are aware this jurisdiction is granted by the State to both the City and County in various degrees. Mr. Jones stated this responsibility was taken over by the cities because of the counties not being involved or not having the problem county-wide of water and sewer problems, of sanitary sewer disposal, of solid waste, building inspection, zoning and planning. Mr. Jones stated Ne~i Hanover County has considered these things and taken some very proper steps in dealing with these problems. Mr. Jones stated the Council has reguested him to propose to the County that the City of Wilmington relinguish controls of planning, zoning, and building inspections; the City retaining only control of,subdivisions, roads and regulations; not only within a one-mile area but on a varying radius::ou~side the City. Mr. Jones stated that up until this year the General Assembly has defined the extra-territorial area as an arc (Mr. Jones pointed out line on map which is a three-mile limit of the City and line showing one-mile limit). Mr. Jones stated there was no ~aay for the arc to be defined on the ground unless it happened to go through a particular intersection. Under the new legislation cities have the authority to exercise control outside of the one-mile area up to a three-mile area with the consent of the Board of County Commissioners. Mr. Jones stated the City o£ Wilmington is asking for this consent on a varying distance outside the present City Zimits as defined by identifiable physical things on the ground such as streets, railroad, power line right-of-t~aays, river, Intra-Coastal Waterway or State Highways. Mr. Jones pointed out the three-mile area on the map for which the City is requesting consent of the Board of Commissioners to control subdivi- sion grot~th and stipulate certain controls on subdivisions which would be in effect v,ihen the other ordinances or controls of the City are relinquished on July l, 19']2. Mr. Jones stated the map indicates the boundary to which the City feels growth is anticipated in the early ~future; i.t is defined by recognizable landmarks. Mr. Jones stated he felt it would be a good thing to do this in the light of the counties being allo~aed possible legislation in this coming General Assembly to strengthen subdivision controls over what the State has previously allowed the County to do insofar as requiring certain standards for drainage, road widths or