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.
~~~
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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