1972-07-07 Regular Meeting~ Y~ Y
JOINT BUDGET DISCUSSION MEETING - CITY COUNCIL-COUNTY COMMISSIONERS, JUNE 23, 1972 -
9:00 A.M. (CONTINUED)
EMPIE PARK -
Mayor Symmes stated the City Council agreed to maintain same percentages when con-
solidation talks began even though they felt they t•~ere not eguitable. Mr. Symmes stated
the City Council asked the Commissioners last year to take over Empie Park which the City
Council feels is a County operation. Mayor Symmes requested the County again to share
in the cost of this facility this year.
Mr. Williams thanked Mayor Symmes for the reminder and stated if the Commissioners
feel they can do anything about it they will let the City Council know.
ADJOURNPYENT -
There being no further business, the Joint Meeting m~as adjourned.
Respectfully subm.itted,
Hazel Savage
Clerk to the Board.
/hs
MINUTES OF THE MEETIATG - JUI,Y '7, 1972 - 9.00 ~.M.
ASSEMBZY -
The regular semi-monthly meeting of the nTeo-~ 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 Manager Laurence
0. Bowden; and Hazel Savage, Clerk to the Board.
County Auditor Perry Shepard was absent from the meeting.
INVOCATION -
Chairman Harriss called the meeting to order and in the absence of the scheduled
minister asked Mr. Bowden to give the invocation.
APPROVAL OF MINUTES -
Re~ular Meetin~ - June 19, 1972 - Mr. Williams moved, seconded by Mr. Hall, minutes
be approved as written. Motion carried unanimously.
Special ~oint Meetin~. Cits Council-Counts Commissioners - June 14. 1972 - Mr. 6Jilliams
moved, seconded by Mr. Hall, minutes be approved as written. Motion carried unanimously.
Joint Bud~et Meetin~, Citv Council-Countv Commissioners - June 23~ 19~2 - Mr. Williams
requested correction on Page 4, Fifth Paragraph. Fourth Sentence should read: "Mr.
4lilliams stated the County will probably have to go along with this, since the Planning
Department is under the administrative control of the City." Mr. Oxenfeld moved, seconded
by Mr. Williams, minutes be approved as corrected. Motion carried unanimously.
Special Meetin~ - June 28. 1972 - Mr. Oxenfeld moved, seconded by Mr. Hall, minutes
be approved as written. Motion carried unanimously.
Bud~et Neetin~ - June 12, 1972 -
Bud~et Meetin~ - June 14, 1972 - Mr. Glilliams requested following corrections on Fage
9: First Paragraph should include: "Items approved are as follows: (Items will be copied
in Minute Book)". Thir.d Paragraph from bottom of page, Third Sentence should read: "Nr.
Williams stated it remains the policy of the Board ..."
Bud~et Meetin~ - June 19. 1972 -
Budaet Meetin~ - June 22, 1972 - P1r. Williams requested correction on Page 4. First
Paragraph, word "salary" should be changed to "fee".
Mr. Hall moved, seconded by Mr. Williams, approval of minutes of the Budget Discussion
Meetings of June 12, 14, 19, and 22, 19'72 as corrected. Motion carried unanimously.
CLERK TO THE BOARD COMMENDED -
Mr. Oxenfeld stated he would like to commend the Clerk to the Board for the job she
did on the minutes; a:tremendous number of them in a very short time. Mr. Harriss moved
to make official the commendation of the Clerk by the Board for the job she did on the
minutes. Mr. Oxen£eld seconded the motion. Moi;ion carried unanimously.
EARI,Y PHAS~IN OF WASTE INDUSTRIES~ INC. INTO THE PRESENT TWO LANDFII,L SITES -
Mr. Bov~den reported he had met with officials at Sunny Point, and the County has re-
ceived permission for phase-in by Waste Industries, Inc. to take place on the Carolina Beach
Zand£ill site. Mr. Bowden stated operation of the site now is not as good as it will be
under the control of the contractor. The City of k~ilmington has requested the operator
of Waste Industries, Inc. to give consideration to phasing in earlier because of the cost
involved to them. The advantage of an early phase-in to the County r;ould be better control
of the operations and be in better position to clean up the County. The disadvantages to
the municipalities that are not participating is the cost that ~,rould be involved.
_ Mr. Poole advised Mr~. Bowden the 35 cents per cubic yard is a br.eak-even figure to
get tk~e operation started, but he felt free use by casuals should be permitted until he
establishes his own site. The County had recommended a 50 cents and one dollar charge for
casuals. Mr. Poole came to this conclusion because of the administrative responsibility
of collection.
Mr. Bowden recommended to the Board it look upon the phase-in concept and phasing the
County out of both landfills as soon as practical. Mr. Poole requested confirmation of
this at the Commissioners' meeting today so he can proceed immediately.
1'l ~5
MINUTES OF THE'.;MEETING - JUI,Y '7, 1972 (CONTINUED)
E/~.FtZY PHAS~IN OF WASTE IIIDUSTRIES, INC. INTO THE PRESENT TWO LANDFII,L SITES (CONTINUED) -
Mr. Bowden informed the Board he does not yet have contracts drawn between the County
and the municipalities. Mr. Bowden stated this is the reason for bringing it to the Board's
attention. There is a need to have an understandin~ this is the desire of the City of
Wilmington and New Aanover County. The other municipalities have not expressed their
opinions. This is the reason Mr. Poole wants concurrence from the Board ~Coday.
Mr. Marks moved, seconded by Prir. Williams, the Board authorize Mr. Poole to phase into
this program as early as possible after the County has completed the contracts with the
municipalities. Motion carried unanimously.
OLD AGE ASSISTANCE LIEN - CALLIE G. POTTER -
Mr. Bowden informed the Board that the New Hanover County Board of Social Services
approved the value of the life estate of Callie G. Potter be accepted in amount of fb'785.~0.
This action was taken upon recommendation of firm of Murchison, Fox and Newton. Mr. Bowden
requested the Commissioners accept the £air market value of the life estate of Callie G.
Potter and the lien be released.
Mr. Marks stated this person only had a life interest in the property; the lien is
substantially more than this. The person is now 92 years of age.
Mr. Marks moved, seconded by Mr. Hall, the fair market value of the life estate of
Callie G. Potter in amount of $']85.']0 be accepted and the lien be waived. Motion carried
unanimously. The following resolution was addopted: ~ '
"NQRTH CAROLINA
NEW HANOVER COUNTY
RESOLUTION OF THE NE4d HANOUER COUNTY
BOARD OF COMMISSIONERS
W H E R E A S:
"l. Pursuant to the provisions of N. C. Gen. Stat. Section 108-30.1 a Notice
and Claim of I,ien was filed in the Office of the Clerk of Superior Court of New
Hanover County against the real property of Callie G. Potter. Said Notice and
Claim of Lien o~as filed the 25th day of ~,pril, 19'72.
"2. Ca11ie G. Potter oorns a life estate in the property in New Hanover Coiznty
particularly described as follows: .
"Beginning at a point in the Eastern line of Fifth Avenue 54 feet south
of its intersection with southern line of Wright Street and runs thence
south~,~ardly along the eastern line of Wright Street 36 feet, thence
eastwardly and parallel with 4Jright St~reet 99 feet, thence northwardly
and paralleT with Fifth P.venue 36 feet, and thence,westwardly and
parallel with Wright Street 99 feet to the beginning. Part of Lots 1
and 2 in Block 21, City of Wilmington, North Carolina.
"3. Said life estate in the above described property has a fair market value
of $'785.70 as computed pursuant to N. C. Gen. ,Stat. Section 8-4'].
"4. The sum of $'785.70 has been paid to and received by New Hanover County
in lieu of £oreclosure and sale of said property and we are satisfied that the
acceptance of said sum for the release of said property from the lien will result
in as large a net recovery for the County, State, and Federal government as could
be made in anv other manner.
"I~OW, THEREFORE, IT IS HERE47ITH RESOLVED THAT:
"l. The proper.ty hereinabove described is released from~the Notice and Claim
of Lien against the property of Callie G. Potter filed on April 25, 19'72, in the
Office of the Clerk of Superior Court of ve[~1 Hanover County.
"2. A copy of this resolution be attached to the aforesaid original Notice
and Claim of Zien in the Office of the Clerk of Superior Court of New Hanover
County.
"3. A copy of this resolution be placed in the New Hanover County Board of
Public Welfar.e case records pertaining to the assistance furnished to Callie G.
Potter.
"This ']th day of July, 19']2.
NEW HANOVER COUNTY
BOARD OF COI~"IISSIONERS
(s) Meares Harriss, Jr.
Chairman
(s) Berry A. Williams
Vice-Chairman
(s) J. M. Hall, Jr.
(s) H. A. Marks
(s) John R. Oxenfeld"
WELFL~RE LIEN - STEVENSON -
Mr. Fox informed the Board property has been appraised by the Tax Office as having
value of approximately $3,000. Sometime ago the lien ~~as subordinated by a deed of trust
to the Peoples Savings and Loan Association so that improvements and repairs could be made
to the property. The Peoples Savings and Loan are foreclosing their deed of trust. Amount
due on the deed of trust is approximately 4b1,500. Mr. Fox stated for the County to protect
its equity in the property it will be necessary to appropriate $1,500 to pay off the Peoples
Savings and Loan Association and then try to sell the property for. a fair market value,
hopefully far $3,000.
~~~~
MINUTES OF THE MEETING - JULY '7, 1972 ~COnTINUED)
4TELFARE ZIEN - STEVENSON (CONTINU~'D) -
Mr. Marks inquired whether this is a Social Services lien; saying his concern being
that money collected for such liens is divided between the State, Federal, and Local Govern-
ments based on County's contribution to that fund. Mr. Fox stated this would not be the
case, the County ~,~ould actually be buying in at a foreclosure sale. Mr. Fox stated County
will not have to share any profits if and when property is sold.
Mr. Marks moved, seconded by Mr. Oxenfeld, the Board proceed to purchase the Stevenson
Welfare I,ien Property for $1,500 from Peoples Savings and I~oan, funds for purchase coming
from the General Contingenc~ Fund. Motion carried unanimously.
PURCHASE OF DRAGLINE -
Mr. Bowden stated the Board had, at a previous meeting, instructed the Auditor, Pir.
Cranford, and himself to form a committee to evaluate the bid5 received on a dragline and
to have them checked by ~r. Fox. Meeting was held tYiis week. Low bidder is Mitchell Dis-
tributing Company in amount of $42,324.~6 ($1,232.'76 represents Sales Tax). The committee
recommends the Koehring Model 305 be purchased from Mitchell.
Mr. Oxenfeld moved, seconded by Mr. Hall, the recommendation to accept bid from Nitchell
Distributing Company be approved and the purchase be made as soon as the 19']2-'73 budget has
been adopted. Motion carr.ied unanimously.
RESOI,UTION - PI~ANNING FOR INTERSTATE 95 -
Mr. Harriss read following resolution for planning for Inter.state 95~
"RESOLUTION FOR FLANNING FOR INT~;RSTATE 95
"Wf~REAS, the New Hanover County Board of Commissioners recognizes the need
for planning of the extension of Interstate 95 into Southeastern North Carolina,
and
"WI~REAS, some Hi~hway Commissioners have indicated they are willing to make
an ef£ort to secure funds for this planning stage, and
"k~HEREAS, it has been recognized as a dire need for Southeastern North
Carolina,
'"NOW, TI3EREFORE, BE IT RESOLVED that the New Hanover County Board of
Commissioners are in favor o£ the early planning £or the controlled access
highway from Interstate 95 to LJilmin$ton, North Carolina, and
"FURTHER, that New Hanover County Board of Commissioners encourage the
allocation of funds for this study to begin as soon as possible.
"TYiis resolution adopted the '7th day of July, 19`]2, by the Ne~a Hanover
County Board of Commissioners.
(s) Meares Harriss, Jr.
Chairman
(s) Berry A. Williams
Vice-Chairman
(s) H. A. Marks
(s) J. N. Hall, Jr.
(s) John R. Oxenfeld
ATTEST:
Hazel Savage
Clerk to the Board"
Mr. Williams moved, seconded by Mr. Hall, the resolution be adopted and all the
Commissioners sign same. Motion carried unanimously.
I~OWER CAPE FEAR COUNCII, OF ARTS
Mr. Bowden informed the Commissioners $5,000 is appropriated in the tentative budget
for the I,ower Cape Fear Council of Arts. Mr. Bowden stated they are incurring expenses as
they are promoting festivals. Mr. Bowden has received request from them to allow their
expenses to be paid as they occur £rom the money tentatively budgeted for their operation.
Afterfdiscussion, Mr. Marks moved, seconded by Mr.. Hall, this item be tabled. Motion
carried unanimously.
ROAD PETITIOIV - STONE47AI,L JACKSON DRIVE -
Mr. Bowden informed the Board, the State Highway Commission has requested the Commis-
sioners adopt formal resolution requesting them to add Stonewall Jackson Drive from inter-
section o£ Buckner Drive in Pine Valley Estates to the State's Secondary Road System for
maintenance.
Mr. Williams moved, seconded by Mr. Oxenfeld, the standard resolution be adopted re-
questing Stonewall Jackson Drive be included in the State's Secondary Road System and
resolution be forwarded to the State Highway Commission. Motion carried unanimously.
APPROVAL CERTIFICATION OF WINTER PARK, WRIGHTSBORO, CASTLE HAYNE, AND SOUTH WILMINGTOIJ
VOLUNTEER FIRE DEPARTMENTS -
Mr. Bowden informed the Board before any fireman is eligible for membership in the
North Carolina Firemen's Pension F~znd. or the $5,000 "In Line of lluty Death Benefit" his
department must be certified by the North Carolina Commissioner of Insurance. Before the
Commissioner of Insurance can do this it is necessary the fire departments be certified
by their governing body.
Mr. Harriss stated an inspection has been made of each department by at lease one
Commissioner.
Mr. Williams moved, seconded by Mr. Marks, that the Glinter Park, GJrightsboro, Castle
Hayne, and South Wilmington Volunteer Fire Departments be certified as to their eligibility
for benefits under the North Carolina Firemen's Pension Fund. Motion carried unanimously.
MINUTES OF THE MEETING - JULY '], 1972 (CONTINiJED)'
APPROVAI~ CERTIFICATIOTd OF WINTEEt PARK, 41RIGHTSBORO, CASTLE HkY!`TE, AND SOUTH WII~MINGTON
VOLUNTEER FIRE DEPARTMENTS (CONTINUED) -
Mr. Harriss commended the various volunteer f.ire departments in New Hanover County for
their business like approach to their work. The~ have very good technical training programs,
they have rigid requirements for participation as a volunteer fireman, the equipment is kept
in perfect condition, and they cooperate fully ~~~ith all a~encies of the County and City. Nr.
Harriss stated they are due commendation by not only this Board of Commissioners but all the
people of the County.
RESOLUTION - ONE TO THREE MILE SUBDIVISION REGULATION CITY OF WILMINGT.ON -
Mr. Bowden stated on May 15, 19']2 when the City Council and City Manager were presenting
their case on the landfill and the One-Mile Extra Territorial Jurisdiction, it was brought
to the attention of the Commissioners they were reo,uesting subc3ivision control only in a
one to three mile area that is shown on the map showing the one-mile area. It would enlarge
their subdivision control only as they relinquish the other controls. Mr. Bowden presented.
following resolution which Mr. Harriss read:
"P1E4d HANOVER COUI~TTY
RESOLUTION
ONE TO THREE NILE SUBDIVISION REGUI,ATION
CITY OF WILMINGTON
"WHEREAS, the City of Wilmington has requested subdivision control over an
area extending from one to three miles beSrond the corporate limits as shown on
the attached map, and '
"4,~IEREAS, the Plannin~ Department has recommended the New Hanover County Board
of Commissioners allow the subdivision control in said area because of its advantage
to the County, and
"4iHEREAS, it is recognized by the County Commissioners that the County does
not have in its regulatory controls for subdivisions some of the elements the City
of Wilmington does have, and
"WF~REAS, the City of Wilmington has agreed when the.le~islation is enacted
allowing counties the same control of subdivisions as the cities presently have,
they will relinquish the control established by this resolution,
"NOW, THEREFOkE, BE IT RESOLVED that the New Hanover County Iloard of Commis-
sioners grant the City of Wilmington the reguested one to three mile subdivision
control in the area as shov~n on the attached map which is a part of this resolution
adopted this ']th day of Jul~, ~972-
(s) Meares Harriss, Jr.
Chairman
(s) Berry A. Williams
Vice-Chairman
(s) H. A. Marks
(s) J. M. Hall, Jr.
(s) John R. Oxenfeld
ATTEST:
(s) Hazel Savage
Clerk to the Board"
Mr. Williams stated most o£ the Board had agreed this is desirable thing to do, and as
the resolution indicates, until such time as the County is granted authority to exercise
this control. Mr. Williams pointed out the minutes of the May 15, 19']2 meeting indicate'
one of the City Councilmen stated: "When the County ~ets legislation passed to have this
control, the City will be delighted to turn this back to the County; it is only to have
orderly growth or until the County gets the s'ame authority as the City has." Mr. Williams
stated he was 1+*illing to go along with the resolution tvith the provision the County receive
an official letter from the City indicating that the City will return the authority to the
County when the County is granted such legislative authority, rr. Williams wanted assurance
the City has taken action before the resolution takes e£fect to avoid any misunderstanding
between County and City in the futur.e.
Mr. Harriss stated, subject to Mr. Fox's ruling, he would say it is possible to adopt
this resolution with the stipulation it not take effect until the City conPirms~they r~ill
relino,uish this control upon an enactment of i;he I,egislature allowing the County stronger
subdivision control.
Mr. Fox stated resolution could be made effective at the time such con£irmation is re-
ceived from the City.
Mr.. Williams moved, seconded by Mr. Oxenfeld, the adoption of the resolution, effective
date of the resolution to be the date the County receives official certification from the
City that upon the Le~islature granting the Count9 authority to exercise these subdivision
controls, that the City o~ill relinquish controls to the County. Notion carried unanimously.
Mr. Oxen£eld asked hoti: this will work with 4drightsville Beach's intent to request the
one-mile jurisdiction; will it be over-lapping. Mr. Harriss stated it would be subject to
any over-riding right that any community might have. Mr. Fox stated this is correct.
Meeting recessed briefly.
Meeting reconvened.
NLr. Fox stated neither City nor County would be permitted to go within the one-mile area
of Wrightsville Beach.
~ ~~:
MINUTES OF THE MEETING - JULY '], 1972 (CONTINUED)
PUBLIC HEARING - REZONING, AMENDMENTS TO COUNTY ZONING ORDINANCE, AND APPLICATION FOR
SPECIAL USE PERNiIT - _ ..
Mr. Harriss declared Public Hearing open sor consideration of Rezoning, Amendments to
the County Zonin~ Ordinance, and Application for Special Use Permit.
Mr. Neil Mallory, Director of Planning, was requested by Mr. Harriss to read proposed
amendments to the County Zoning Ordinance.
1. Amend Article V, Section 54-3 by adding:
(7) Pier £or docking and/or operation o£ commercial and or sport
fishing vessels.
Mr. Mallory stated this was considered by the Planning Commission at their June meeting,
and their recommendation to the County Commissioners was that the amendment be approved and
be incorporated in the County's Zoning Ordinance.
Mr. Harriss pointed out there were two phases to this hearing (1) whether the County
should amend its Zoning Ordinance to permit as a special use the operation of headboats in
a B-1 area. Business designation in this particular area extends from the Intracoastal
4laterway Bridge to 1,000 feet on the v;ater side of the Airlie Road.. The second phase r~ould
be the granting of a special use permit which is necessary after a special use is established
in a zone. Person desiring special use must apply for permit which must be approved by the
County Commissioners.
Mr. Mallory outlined what usages are permitted in a I3-1 District; there are about 20
permitted uses where applicant can go to the Building Inspector and obtain permit for this
use. There are special uses that are presently permitted in the B-1 District consisting of
six. Proposed amendment would add seventh special use.
Mr. Harriss explained a headboat is a boat which operates on a fixed fee per person.
It is a fishing boat generally.
Question was raised by Mrs. McCall as to how all the other boats got there wheri~this
one is being questioned. Mr. Mallory stated they were there when area was zoned, and County
cannot force them to cease operation since they were there before zoning.
In the absence of objections to proposed amendment, Mr. Hall moved, seconded by Mr.
Oxen£eld, the proposed amendment be approved and the Commissioners be authorized to sign same
and it be incorporated in the County Zoning Ordinance. Motion carried unanimously.
Mr. Harriss stated most of the area in which this activity takes place is outside the
County's jurisdiction, being at Carolina and Wrightsville Beaches.
~r. Harriss stated application for Special Use Permit filed by Captain Skippy 4Jinner
would be considered at this time.
Ap~lication For Sroecial Use Permit
1. Application For Special Use Permit to use property on the southeast side
of Airlie Road (r'ennell Property) for a pier £or the docking and/or operation
of a headboat and/or party boat in Zoning District B-1 (Business llistrict)
in Zoning Area 7~2.
Mr. Hall stated since the objection is going to be to the noise of the operation of the
boat, it might be considered a nuisance to the neighborhood and asked Mr. Fox what could be
done about a nuisance if it develops into one.
Mr. Fox outlined steps persons could take but stated what relief could be obtained in
any particular situation would depend on person's property rights, etc.
Mr. George Rountree III, Attorney, appeared for applicant requesting permit be approved.
Mr. Rountree stated if permit is granted, electric power will be provided to vessel and
generator will no longer be required which will eliminate a great deal of noise. Mr. kountree
stated in the final analysis he was of the opinion noise can be abated without law suits.
Mr. Rountree stated Captain Winner's use of the facility at the outset was not known
to him to be unlawful and Captain Winner vaishes to cooperate to the fullest. Mr. Harriss
asked Mr. Rountree if his client was not notified several weeks ago that operation of the
vessel, pending approval of change in the ordinance and issuance o£ special use permit, was
illegal. Mr. Rountree said this was true. Mr. Harriss asked if vessel has been operating
since that time. Mr. Rountree stated, it had.
Mr. Harriss asked Mr. Bowden to read letters of protest to granting this permit. One
was from Mrs. A. F. Perry, Jr., and directed to the G`hairman of the County Commissioners;
and one from Mr. John Colucci, Jr., directed to Wrightsville Marina, Inc.
Both Mrs. Perry and Mr. Colucci were present and voiced their objections to the noise
of this vessel.
Several persons spoke saying this vessel does not add any more noise to the noise level
than the other boats; namely, Mrs. McCall, Mr. Robbins, and Mr. Lowell Barnes.
Mr. Harriss requested he be permitted to abstain from voting on this matter.
Mr. Marks moved, seconded by Mr. Oxenfeld, that Mr. Harriss be permitted to abstain
from voting on this matter. Motion carried unanimously.
• Mr. Mallory stated the Planning Commission considered request at their Sune meeting.
They recommended the issuance of the special use permit, subject to map submitted with the
application and the following conditions:
1. Approval of the pier and its use by the U. S. Army Corp of Engineers since
the pier is either in or near the Corp's easement along the Intra-Coastal
Glaterway
2. Points o£ ingress and egress be reduced to a total of tu~o with one-way
traffic. Ingress traf£ic be restricted to northeast and egress be re-
stricted to south~aest
~~~
MINUTES OF THE MEETING - JULY ~, 1972 (CONTINUED)
PUBLIC HEARING - REZONING, AMENDMENTS TO COUNTY 20NING ORDInTANCE, AND APPLICATION FOR SPECIPL
USE PERMIT (CONTINUED) -
3. Curbing be installed along street right-of-t~aay as approved by the State Highway
Commission to control ingress and e~ress with two curb cuts permitted for in-
gress and egress (See revision of Item further in the minutes)
4. Signs be restricted to a maximum of two - each sign lisited to 20 sguare feet
of surface area, one sign to be attached to the structure housing the o£fice
and one unattached sign permitted at least 10 feet from the street right-of-
way and any property line provided such sign shall not be permitted on the
pier. The attached sign shall not be above the roof line of the structure
housi~g the office facility; illumination of the signs shall be permitted in
accordance with Article IX, Section 91-5 of the New Hanover County Zonin~
Ordinance
5. Pier to be inspected by the Building Inspector every two years to determine
if the pier is in a safe condition. Should the pier be found to be in unsafe
condition, the use of the pier shall cease until such improvements are made to
insure the safety of its users
6. No other use of the pier and/or grounds be permitted without obtaining approval
of the revision of the plans submitted urith the application for this Special
Use Permit.
']. This item not ori$inally included. See further in minutes.
Mr. Marks stated he felt the owner of the vessel will be happy to do whatever. is
necessary to eliminate the noise and also, by not granting the permit would be discriminating
against this person in a private enterprise.
Mr. Mallory stated he did not think the Planning Commission would object to an additional
condition being placed in the special use permit for purpose of controlling noise. Mr.
Mallory suggested wording adeguate to restr2in~ being placed. on noise level which i,~ould in-
clude installation of mufflers on all engines or some similar wording. Mr. ~allor.y added
another condition as follows:
']. That the operation of this facility be conducted in such a manner as to
prevent the creation of any nuisance to the surrounding property owners
Mr. Rountree stated engine has muffler and suggested maybe exhaust could be lowered in
the water. Mr. Rountree stated he had suggested he slow the speed going in and out. Mr.
Rountree stated his client is willing to do everything possible. Mr. Pountree objected to
another condition being included in the special use permit.
Mr. Williams asked Mr. Rountree for explanation of ZaY~y Captain Winner continued to operate
boat after being advised it ~~as illegal.
Mr. Rountree stated at the outset property was leased and zoning was not checked. Pier
was built in 193o under permission of the U. S. Corps of Engineers. Captain 6linner had
spent quite a bit of money to repair pier before he was advised it was illegal. It was a
matter of survival. If he had not continued to operate, he would not have been able to
make his boat payments, and payments on renovation of the pier. Mr. Rountree stated he had
counseled oaith his clierit`and this is what Captain 4,zinner chose to do.
Mr. Ralph Horton spoke on behalf of Captain I~:inner, saying to put restrictions on him
would be discrimination.
Mr. Rountree stated with exception of Item 3 all other conditions have been met; Mr.
Rountree reguested this be modified to any other pY~ysical impediment to prevent the access
to and from the facility." A fence would prevent automobiles from coming in there. No
other £acility in that area has a curbing.
Mr. Mallory stated this o,uestion was also raised at the Planning Commission meeting and
discussed. The Planning Commission recommended curbing instead of any other barrier.
Mr. Rountree suggested motion include operation of headboat should not constitute at
anytime a public or private nuisance.
Mr. Hedgepeth and Mr. M. J. Fountain spoke requesting the Commissioners' consideration
on reguirement of curbing being eliminated since Captain Winner has a fence there now.
Mr. Marks moved, seconded by Mr. Oxenfeld, that special use permit be issued, noise be
reduced to a minimum, operation of headboat should not constitute at anytime a public or
private nuisance, and curbing or oth.er suitable barrier be installed, subject to approval
of the County Engineer. Motion carried. Mr. Harriss abstained £rom voting. Item 3 of the
conditions was changed to read: .
3. Curbing as approved by the State High~aay Commission or other physical bar.rier
as approved bg the County Engineer be installed along the Street right-of-way
to control ingress and egress
Rezonin~
Pfir. Mallory presented following rezoning request:
2. Property on the southeast side of U.S. Highw~y 1'7 between Bayshore Drive
and SR 1402 from R-15 (Single Famil~~ District) to I-1 (Industrial District
in Zonin~ Area ~{5
Mr. Mallory informed the Commissioners that at its June '7th meeting the Planning Commis-
sion considered this request and they recommended it be rezoned.
Mr. Michael Heath spoke against rezonin~ and requested area renain zoned R-15.
MINUTES OF THE MEETING - JUZY ']', 1972 ~CONTINUED)
~l~£~
PUBLIC HEARING - REZONING, AMENDMENTS TO COUNTY ZONING ORDINl~NCE, AND APPLICATION FOR. SPECIAI,
USE PERMIT (CONTINUED) -
Mr. Mallory brought the Board up to date on this reguest. Petitioner, Mr. Farnell
Shin$leton, purchased property with understanding there would be no problem with zoning
for commercial use. 4Jhen the Planning Department was contacted by Mr. Shingleton, they
advised him to contact adjointing pr.operty owners to see if they would like their property
rezoned commercial. He was able to get them to agree to rezonin~ of their property. This
was to avoid spot zoning. No proposed use was given for this land except Mr. Shingleton's
property of 100 feet by 200 feet. Mr. Shingleton operates a bulk heading business in v.~hich
he needs to store vehicles and materials related to his business. Mr. Shingleton urent to
the Zoning Board of Adjustment who gave him permission to finish building in temporary manner
to protect his equipment and to use building until the rezoning could be determined.
Several other persons were present from Bagshore Estates in opposition to rezoning which
would permit commercial usage of U. S. Highway 1'] near the Bayshore Estates entrance. They
were afraid of traffic congestion and loss of value to their homes.
Mr. Hall moved, seconded by Mr. Marks, that the Board not approve reguest for rezoning
of property on the southeast side of U. S. Highway 1'7 between Bayshore Drive and tiR-1402 from
R-15 (Single Family District to I-1 (Industrial District) in Zoning Area #5. Motion carried
unanimously.
Rezonin~
Mr. Mallory presented following rezoning request:
1. Property to the rear of 5906 Oleander D.rive between Pei£fer Avenue and 58th
Street on the south side of the street from R-15 (Single Family District)
to B-2 (Business District) in Zoning Area #6.
Mr. Mallory stated part of person's property is already zoned B-2 and he is re-
questing remainder be zoned B-2. The Planning Department and Planning Commission recommends
approval of request.
There were no persons present who objected.
Mr. rarks moved, seconded by Mr. Williams, request be approved. Motion carr.ied
unanimously. (The Ordinance rezoning this property is contained in Zoning Ordinance Book I, Seetion 6,
Page 4.J
Amendments to County Zonin~ Ordinance
Mr. rallory stated there are two other proposed amendments to the Zoning Ordinance as
follows:
2. Amend Article V, Section 55-2 by adding
(24) Indoor recreational facilities and/or activities.
Mr. Mallory stated the Planning Department and Ylanning Commission recommends approval
of this amendment.
There were no persons preser.t who objected to this amendment.
Mr. Oxenfeld moved, seconded by Mr. Hall, that the proposed amendment be approved.
Motion carried unanimously.
The third amendment to be considered was as follows:
3. Amend Article V and Article VII to allow apartments (multi-family dwellings)
as a special use in the R-20, R-15, and R-10 Districts.
Mr. Mallory stated proposed amendment would allotiv apartments as a special use in R-20,
R-15, and R-10 Districts provided they meet the conditions that are included in the regulations
that have been proposed to the Board.
The Planning Department and Planning Commission recommends approval.
There were no persons present who objected to this amendment.
Mr. Oxen£eld moved, seconded by Mr. Marks, that the amendment be approved. Motion
carried unanimousls.
Mr. Harriss declared Public Hearing closed.
ZONING - FLEMINGTON SUBDIVISION -
Mr. Alex Malpass was present
revealed the Judgment ~r. Malpass
residential use, therefore it can
Commission. Mr. Mallory stated a
be zoned R-15. The road frontage
for discussion. Mr. Harriss stated Mr. Fox's investigation
referred to does not restrict Flemington Subdivision to
zot be zoned residential but as recommended by the Planning
portion of the Flemington Subdivision was recommended to
is recommended as I-2. '
Mr. Fox stated at the last meeting the Commissioners agreed to zone Flemington Subdivision
R-15 if the Judgment Mr. Malpass re£erred to restricted usage of the subdivision to residential.
Mr. Fox stated no mention is made of the usage of the land except in Paragraph 9 where it
states no chemical sulphuric acid plant shall be built and operated on Blocks D, I and H.
Mr. Harriss stated until it is proved the property on ~ahich person plans to build a
business belongs to Mr. Malpass, the Board has no alternative but to go along with re-
commendation of the Planning Commission to zone it I-2.
Mr. Gleason Allen, F.ttorney for person who plans to build business, stated if Mr. Malpass
does own property, he can stop his client by lara suit, and if there are restrictions registered
restricting usages, he can also stop his client by law suit.
Mr. Harriss ruled the matter was not in the jurisdiction of the County Commissioners
as presented here.
~.~~
MINUTES OF THE MEETING - JULY '7, 19']2 (CONTINUED)
DESIGNATIOId OF OFFICIAL ZOnTIIuG MAPS 8-A and 8-B - AI?EA #8 -
Nr. Williams moved, seconded by Mr. Oxenfeld, Zoning Maps 8-A and 8-B of Area #8 be
designated as the Of£icial Zoning Maps of Area ~#8 and the Chairman be authorized to sign
them. Motion carried unanimously.
SUBDIVISION PZATS -
~r. John Sutton, Assistant Planning Director, presented following subdivision maps:
Brookfield, 3-D - k11 requirements have been met and lots are located on road that has
already been accepted by the State. Mr. Sutton requested the Chairman be authorized to sign
after the Chairman of the Planning Commission has signed. Mr. Oxenfeld moved, seconded
by Mr. Hall, plat of Brookfield, 3-D be approved and the Chairman be authorized to sign
after the Planning Commission Chairman has signed, Motion carried unanimously.
Windemere, Section 8- This has been revievaed by•the Health Department but has not been
signed by them nor by Chairman of Planning Commission.
Arrowhead, Section 2- Letter of credit has been submitted but not reviewed by the
County kttorney nor has the Chairman of the Planning Commission signed.
Millbrook, Section 3- Letter of credit received but not r.eviewed by the County Attorney
nor has the Chairman of the Planning Commission signed.
Mr. Hall moved, seconded by Mr. Oxenfeld, approval of the plats of Windemere, Section
8; Arrowhead, Section 2; and Millbrook, Section 3, and the Chairman be authorized to sign
after all other reguirements have been met. Motion carried unanimously.
Silver Sands, Section 1-A - Mr. Sutton requested the Chairman be authorized to sign
this once a note is received from the County Engineer that all improvements have been in-
stalled in the subdivision and when conditions have been met as requested by the State
Highway Commission. This is the last section of 6ilver Sands. Mr. Marks moved, seconded
by Mr. Hall, that the plat be approved and the Chairman authorized to si~n when requirements
as outlined have been met. Motion carried unanimously.
REPORT ON MENTAL HEALTH -
Nr.. John 47ilson, Director of Mental Health; Sheriff Millis; Mr. Homer Davis, Chairman
Plental Health Advisory Board; and Niss Vernell DeVane of the Clerk of Court's Office ~.~ere
present for this discussion.
Mr. Marks asked Mr. Wilson to make report on problem confronting the Mental Health
Department. ~r. Wilson stated two things have happened to create problem: (1) amendment
to G.S. 122.61, Senate Bill 855, pertaining to the detention of allegedly mentally ill or
inebriate persons in jail. It prohibits incarceration of these individuals in a facility
that houses criminals. The law specifically gives the Department of Mental Health or Counties
responsibility for transportation of these individuals to hospitals or treatment facilities.
Mr. 4lilson stated the Psychiatrist has resigned and they are without medical coverage.
The situation has become acute since people are still.coming to the Mental Health Center
and are dangerous to themselves and others, and the center has no resources to restrain
these people; in fact do not have the legal jurisdiction to restrain them.
Mr. Wilson presented recommendations on a temporary basis:
l. Dr. Holf Fisscher has agreed to give medical coverage on basis of four hours per
week at $40 per hour. His specific duties tivould be to maintain and supervise patients now
taking medication (there are between 600 and 700 on medication now), support primary staff
in on going therapy, take responsibility for emergency or judicial hospital commitments
during times on week days when he is available (would charge $40 per hour outside of four
hours), offer assistance in the evaluation and diagnosis of new patients.
2. Dr. Charles Vernon has agreed to work 2 hours per week at 9630 per hour. Dr.
Vernon will not have actual contact with patients. He will supervise staff in on going
therapy and consult and supervise stafY in program planning.
3. All local physicans in community ~ailling to cooperate in committing persons under
court order for emergency or judicial hospitalization vaould be paid $25 per commitment and/or
examinations provided the family cannot afford to pay for such services. Mr. Wilson stated
they have not had any £irm agreements from any physicians in the community outside of Dr.
Fisscher and Dr. Vernon. Mr. 4,~ilson stated he did not feel he had authorization to offer ~
any money and to act until after meeting with the Board tod~y. A fe~a physicians have said
they would cooperate but no firm commitment until they see if any others are going to
cooperate.
As far as the transportation is concerned, the center has been working with the ambulance
services and they have tentatively agreed to transport patients to Cherry Hospital for $45
per trip, but this per.tains only to people who are not dangerous or who could wreck an
ambulance.
Mr. 4iilliams asked if the Sheriff's Department cannot continue to do this. Sheriff
Millis stated he was willing to continue on as they have been doing.
Mr. Davis stated under new lala the Sheriff's Department might be tied up for several
hours getting persons examined. Mr. Harriss stated Board is aware of this.
Chairman Harriss and Mr. Bowden were excused £r.om meeting at.this time, and Mr. Williams
assumed Chair.
Mr. Hall asked if a room could be used at Mental Health Center for restraining patients.
Mr. Wilson outlined reasons why this could not be done which were numerous: It would
take a lot of construction to make room secure, noise of persons would tear down tahat they
are doing there, would have to have restraining orders, etc.
Mr. Wilson made another suggestion: Dr. Chester Taylor, Jr., who is Director of a Mental
Health Center in Hawaii, is coming to Wilmington for about a month. Nir. idilson stated he
would be available for part time employment. He will work, beginning July 10, t4J0 2nd one-half
days per week at $25 per hour.
~ ~ @~
~INUTES OF THE MEETING - NLY 7, 1972 ~CONTINUED)
REPORT ON MENTAL HEALTH (CONTII~IiTED) -
Mr. Wilson outlined. workload the Center had during month of June with only four pr.o-
fessionals at the Center.
Mr. Marks stated for the past two or three months the Mental Health Advisory Board has
three or four meetings and have not come up with a solution. Mr. Marks stated that the
salary for Psychiatrist in the budget has been divided; ~b15,000 has been set up for Psychiatrist
and $~15,000 for professional fees. Mr. Marks pointed out variance in fees of the several
doctors and HEYa payments,ranging from $10 to $40 per hour.
Mr. Marks moved, seconded by Mr. Oxenfeld, the Board authorize the Director of the Center
to negotiate with the Psychiatrists for. whatever hours o£ service he feels he needs, ~ihich
seem to be four and two hours per week, for maximum £ee o£ $30 per hour for such time as the
Center is endeavoring to get a full time Psychiatrist, and the MDs at whatever their fees
are,up to $25 per commitment. Motion carried unanimously.
Mr. Marks moved, seconded by Mr. Hall, that Mr. Wilson be authorized to contract with
Dr.. Chester Taylor, Jr. for services on basis of two and one-half days per week for period
of one month at $25 per hour. Motion carried unanimously.
Mr. Williams asked Mr. Wilson since he has known for a long time of the deadline for
prohibiting placing of inental patients in jail wY~y he had not gotten around to doing some-
thing about it.
Mr. Wilson shotaed copy of letter dated October 5, 19`]1 vahich he had a~ritten Mr. Bowden
enclosing copy of amendment to Senate Bill 855 which had been ratified by the General Assembly
of North Carolina in,which he pointed out burden that would be on the County and the Mental
Health Center with regards to responsibilities for alcoholics and mentally ill individuals. -
Nr. Williams stated the Commissioners were informed, but he felt Mr. Wilson and Mr.
Bowden together should have worked out something earlier than this. Mr. Wilson stated just
about everything had been worked out with a nursing home, but the titate stepped in at the
last minute, and said this Pacility could not be used.
Mr. Marks stated as a last resort a warrant can be taken out for. person's protection
and he can be jailed until something else can be done. This is legal.
Mr. 4Jilson pointed out he got interpretation o£ this law only a month or so ago from
the State Mental Health Office and Attorney General's 0£fice even though he had requested
it earlier. No guide lines have been received from State Mental Health and no resources
to carry out the law.
Mr. Wilson stated he will submit permanent proposals at a later date.
PTr. Williams suggested appointing a committee consisting of the Sheriff, Mr. Marks,
Mr. Wilson, and the County Manager to study as quickly as possible matter that is before
the Board and ask them to report back with concrete recommendations as to what can be a
permanent solution. Nr. Marks stated he had called a meeting of individuals involved to
try to come up with some answers.
EMP7AYMENT SECUI2ITY COMMISSION OF NORTH CAROLIIQA - LEASE SPACE COMMUNITY HOSPITAI, -
Mr. Hugh Cashion o£ the Employment Security Commission of North Carolina ~aas present
along with Mr. ~ohn Fleming.
Mr. Fox stated lease was prepared for lease o£ space at the Community Hospital to the
Employment Security Commission o£ North Carolina. Lease was sent to Mr. Cashion who made
some alterations. Mr. Grubbs revie~~ed these and commented on them in letter to Mr. Fox:
Section 3. Elimination o£ part of the sentence which would require the Lessee to make
replacements arising by reason of wear and tear. Mr. Fox stated lease submitted did require
lessee to make necessary repairs and replacements, includin6 replacements arising by
reason of wear and tear. Nor.mally the lease vaould not provide for such replacements if the
lessor were being compensated for the use of his property. In this particular case the lessor,
the County, is not being compensated for the use of its property and consequently the
original lease provided that the lessee would make all repairs and replacements, including
those arising by reason of oaear and tear.
Section 3. Change was made that changes or repairs would be made only as the Lessee
deems necessary. Mr. Fox stated this would place the entire question of repairs to the
sole prerogative of the Employment Security Commission, and the County would not be in
position to say what repairs were necessary.
Section 3. Change was in the end where they stated that such alterations or additions
will not exceed ~500. Mr. Fox stated limit normally would not be accepted. Mr. Fleming
stated $500 limit was on what it would take to bring building up to meet requirements of
the State Fire Narshall and any and all regulatory codes required for its occupanc5~. Mr.
Fox said this is correct. Mr. Fleming stated they had not placed any limit on fair wear
and tear. Mr. Fox stated he did not know orhat alterations would be reguired, or if any
are required, but if there are, it o~as his feeling the County certainly would not want to
assume such obligations; it would have to fall on the lessee. Mr. Fleming stated they orere
willing to nake any additions or alterations to meet this requirement, but if there were to
be a requirement to add a sprinkler system or extensive alterations, the Employment Security
Commission does not have the budget to do this. Mr. Fox advised them to determine now what
is required; the County would not want to assume this obligation.
Section 4. Mr. Crubbs stated they eliminated the sentence which would have required
them to install a heating plant of sufficient capacity to heat the entire building. However,
he had checked with the current tenant, and they have already installed a ne~a heating plant
with sufficient capacity to heat the entire building. Therefore, to require the Etnployment
Security Commission to agree to install a heating plant would be unnecessary. rir. Fleming
stated they have contacted a heating contractor in Wilmington to go into the building to
add necessary radiator parts, piping and o:hatever is necessary to bring er,istin~ win~ up
to condition to attach on to heating plant. This will cost about $1,045.50. This does not
include a meter which they would like installed because the~ want to be able to justifv to
the Department of I,abor expenditures in paying heating bill each month.
1 ~~.'
MINiJTES OF THE r1.~ETIIJG - JULY 'J, 19%2 (CONTINUED)
EMP7AYMENT SECURITY COMI°IISSION ~F NORTH CkROLINA - LEASE SPACE COMPNNITY HOSPITAL (CONTINUED) -
Section 11. Mr. Grubbs~stated the Employment Security Commission eliminated statement
"Lessee's obligations hereunder shall not be limited to the proceeds of said insurance". '
Mr. Fox stated no one can predict what liabilities might arise out of leasing of premises
by the EYnployment Security Commission. Normally if the lessee incurred any liability that
would expose the County, the County Vaould expect them to indemnify the County against all
liability that might arise by use of the premises without regard to limitation.
After discussion it was agreed the County reguire one million dollars liability
insurance.
Mr. Fleming stated while the Employment Security Commission is paying County only $1
per year for lease of building, there will be approximately $300,000 released in the Wil-
mington area for this program. Mr. Fleming stated he was sure they would be willing to up
insurance amounts.
Program will be taken over by the Employment Security Commission on July 16th.
Mr. Fox stated question of wear and tear of building and insurance items are the
things to be resolved.
Mr. Hall moved, seconded by Mr. Oxenfeld, that the lease be accepted with idea Mr.
Bowden tiiork out administratively the questionable items with the exception of the insurance,
and that one million dollars liability insurance be furnished the County. Motion carried
unanimously.
PETITION FROM RESIDENTS OF WILMINGTON AND HANBY BEACHES -
llelegation from Wilmington and Hanby Beaches presented petition reguesting perroanent
deputy be assigned to this area. During summer there are thousands of cars passing throu~h
daily. Also, they petitioned the Commissioners for signs to be erected on the beaches, etc.
Mr. Hall suggested a part time deputy. This was left to the discretion of the Sheriff.
Mr. Hall stated, if necessary, he would go along vrith additional funds for remainder of year
at least.
After discussion, by common consent it was agreed the Board request the County Manager
to proceed with signs for the beaches; dune buggy ordinance and any others.
APPOINTMENT MEMBER TO AIRPORT COI~i`1ISSIOTd -
Mr. I3a11 moved, seconded by Mr. Oxenfeld, Mr. Lenox G. Cooper be reappointed to the
Airport Commission for a term of five years, term to expire July 1, 197'7.
~ONING, PLAI~7VING AND LAND USE -
P7r. Williams stated the Senate and House Interior Committees have ordered land use
legislation reported Yor this session of Congress. Mr. GJilliams stated it was his understanding
both bills will encompass a national policy for land use and will reguire the states to
develop state-wide land use policies. Mr. 4Jilliams stated he had the opportunity to appear
before one of these Congressional committees several months ago on one of the bills testifying
on behalf of the National Association of Counties, and in that testimony it was stron~ly
urged that the final determination for planning, zoning and land use policies generally be
left in the hands of local officials. Mr. 4Jilliams predicted if bills are passed, it will
result £inally, unless there is a strong voice heard from local governments, in planning,
zoning and land use at the local level being dictated from Washington. The National Association
of Counties has attempted repeatedly to have included in any land use bills being prepared
a provision that the ultimate decisions caill be made by local elected governing board members
rather than bureaucrats in 47ashington or Btate Capitols. Mr. Williams taas of opinion Congress-
men will pay more attention to a resolution from a local $oard of Commissioners than they
will from a resolution or testimony from the National Association of Counties.
Mr. Williams moved, seconded by Mr. Oxenfeld, that a letter be written, preferably by
the Chairman of this Board, to all members of our Congressional delegation in North Carolina,
the Governor of our State, to the nominees for Governor of our State, and Lieutenant Governor
of the major political parties statin~ in no uncertain terms that New Hanover County £eels
strongly that any planning and zoning le~islation should include a provision for local
determination by local governing board members and that copies also be sent to the North
Carolina Association of County Commissioners, the North Carolina League of P4unicipalities,
and the National Association of County Commissioners. Motion carried unanimously.
Mr. Oxen£eld stated this area is further along than many areas and this is the result
of many counties not assuming this responsibility. Mr. Oxenfeld stated recently in Region
"0" land use plan has been developed in the four county area.
Mr. Williams is of the opinion that people in Washington feel they are smarter and £eel
they can te11 New Hanover County how to plan. Mr. Williams stated he was afraid although
New Hanover County has adopted land use planning, if order comes down from Washington, they
will determine whether local planning is up to their stand.ards:. If not, they will dictate
how to do it. ~
CAPE FEAR TECH BOND ISSUE -
By common consent it was agreed to put this item on the ~genda for the next meeting.
ACHIEVEMENT AWARD -
Mr. Williams called attention to plaque Neoa Hanover County has received as Achievement
kward from the National Association of Counties for the work on the Juvenile Detention Center.
kDJOURNMENT--
There being no further business to come before the Board, Mr. Hall moved, seconded by
Mr. Oxenfeld, the meeting adjourn. Notion carried unanimously.
Respectfully submitted,
Hazel Savage
Clerk to the Board
/hs