1972-09-18 Regular Meeting2~.'~~
MINUTES OF MEETING, SEPTEMBER 5, 1972 CCONTINtT~D)
ORDINANCE AMENDING 7ANING MAP OF ZONING AREA #8 (CONTINUED) -
and being the portion of the aforementioned Clyde C. Smith Tract lying and
being on the eastern side of N. C. Highway 132."
Mr. Oxenfeld moved, seconded by P1r. Hall, ordinance be adopted and the Commissioners
authorized to sign. Motion carried unanimously.
BID OPENING - UNIFORMS. SHERIFF'S DEPARTMENT -
Two bids were received and opened:
1. The Fechheimer Bros. Co., Cincinnati, Ohio
Bid Bond Check in amount of $450 was received
Total cost of each uniform amounted to $12'7.40
2. The Hub Uni£orm Company, Charlotte, N. C.
Bid Bond Check in amount of $282.50 vaas received
Total cost of each uniform amounted to $113.00
Mr. Marks moved, seconded by Mr. Oxen£eld, bids be re£erred to the County Manager and
the Sheriff for review and bid be awarded to the lowest bidder meetin6 specifications.
Motion carried unanimously.
BID ~rr.ivING - VOTING MACnliv~,S -
Only one bid was received from the Computer Elections Systems, Atlanta, Ga. in amount
of Sb19'75 per machine or ~9875 for the £ive. 5% bid bond check was received. Mr. Marks
moved, seconded by Mr. Hall, bid be re£erred to the County Manager, County Attorney and
Mr. Bill McEachern for study as soon as possible in order that the machines may be order-
ed in time for the November General Election. Motion carried unanimously.
ADJOURNPIENT -
There being no: further business to come before the Board, Mr. Hall moved, seconded
by Mr. Williams, that the meeting adjourn. Motion carried unanimously.
Respectflzlly submitted,
Hazel Savage
Clerk to the Board
hs/mw
MINUTES OF PIEETING, SEPTEMBER 18, 1972 - 9~00 ~.M.
ASSEMBI,Y -
The regular semi-monthly meeting of the Neoa Hanover County Commissioners was held on
the above date and time in the Commission Buildin~ with the £ollowing present: Chairman
Meares Harriss, Jr., Vice-Chairman Berry A. Williams, County Mana~er Laurence 0. Bo~aden;
Commissioners J. M. Hall, Jr., H. A. Marks, County Attorney James C. Fox; and Hazel
Savage, Clerk to the Board. Mr. Oxenfeld ~aas absent.
INVOCATION -
Chairman Harriss called the meeting to order and in the absence of the scheduled
minister asked Commissioner Hall to give the invocation.
APPROVAI~ OF MINUTES - REGULAR MEETINGt SEPTEMBER 5. 1972 -
Mr. Ha31 moved, seconded by Mr. 4lilliams, minutes be approved as written, including
the addendum. Motion carried unanimously.
INTRODUCTION OF MR. ROBERT DUNN. WILMINGTON HUMAN RELATIONS DIRECTOR -
County Manager Laurence 0. Bowden introduced P'1r. Robert Dunn, Wilmin~ton Human
Relations Director, to the Board of Commissioners. Chairman Harriss r~elcomed Mr. ITunn
to the community and stated the Board would be ~lad to give any assistance that it can
in connection o~ith his oaork and encouraged the fullest cooperation of every one with Mr.
I1unn. Mr. Dunn invited anyone who had a problem or who wished to chat to call him at
his oYfice.
COMPLAINT BY MRS. HARVEY CUMBER AGkINST CLERK OF SUPERIOR COURT. MR. JAMES Mc~ITHAN -
Mrs. Harvey Cumber appeared before the Board seeking assistance in having deeds
to property ~.~hich she owns returned to her by the Clerk of Superior Court. She stated
the deeds are being held b~ Ni'r. James McKeithan as bond for her son. Her son is in
prison and has been for approximately eight or nine months. During this time she stated
she had on several occasions requested Mr. McKeithan to return the deeds, and each time
Mr. Mcgeithan told her he would mail them to her. Prior to her £urnishing the deeds,
she posted $10,000 in cash on which Mr. McKeithan advised her she would receive interest.
He returned the 9b10,000 but did not pay her interest. Mrs. Cumber requested the Commis-
sioners' assistance in collectin~ the $250 whi~h she feels she is entitled to as interest.
Chairman Harriss advised Mrs. Cumber the County has no jurisdiction over the Clerk
of Court; this office is now part of the State Court System. Mr. Harriss stated, with
the consent of the other Commissioners, he was asking Mr. Bowden to look into the matter
and write Mr. McKeithan a letter, which he will sign, setting forth the facts as they
appeared and ask that this matter be attended to promptly. Copy of the letter will be
sent to the Honorable L. Bradford Tillery, Chief Resident Superior Court Judge. Mr. Marks
requested copy be sent to Mr. Bert Montague, Administrative Officer in Raleigh.
Mr. Williams stated he concurred. Mr. Harriss requested Mrs. Cumber £urnish Mr.
Bowden necessary information with regard to dates, etc.
~1~'
P'iINUTES OF MEETING, SEPTEMBER 18, 1972 - 9~00 A.M. (CONTIWED)
BIDS ON TAX MAPPIPTG AND REVALUATION -
Mr. Bowden reported on progress of evaluating bids received for tax mapping and re-
valuation. Prir. Bowden stated he had visited with all of the representatives and had been
to toao of the tax mapping and revaluation iirms (at their expense) to see their equipment
and what can be offered to the County. Mr. Bo~oden hopes he can visit with tv,o or four of
the counties that each of the companies are working for noia and have a recommendation to
present at the October 2nd meeting.
PROPOSAL TO NORTH CAROLINA COMMITTEE FOR CONTINUING EDUCIaTION IN THE I3UMANITIES -
Mr. Bowden presented Proposal "Community and University: How -o We Grova and Where
Should We Go Together?" which was submitted by the Rev. Walser H. tillen, Jr. and commit-
tee o£ the City of Wilmington-Neu~ Hanover County Communit~ and the University of North
Carolina at Wilmington. The proposal will be submitted to the North Carolina Committee
£or Continuin~ Education in the Humanities who has been awarded a grant from the National
Endowment for the Humanities.
Budget will amount to ~10,000; $5,000 will come from matching funds and y65,000..{aill
come from local sponsors (the County, City and University o£ North Carolina). Total
cash for New Hanover County will be only Sbl00~since in-kind services will be considered
as the remainder of the County's total contributioa of 9b1,000.
Mr. Bowden stated after talking with Rev. Allen and seeing the overall objectives,
and since this is not a duplication o£ anything else, he recommended the Board appropri-
ate an amount not to exceed 95100 and the in-kind services to equal County's portion of
the grant, subject to the City doing likewise.
Chairman Harriss stated he had discussed this with a City Councilm.an who was prepared
to recommend the City put up $50. 1`1r. Harriss stated this would cover a study designed
to put the relations between the University and the Community in a little better perspec-
tive than they now are, because both the University and the City are growing. There is
some feeling on Mr. Allen's part, and others in the Community, that the City-County-
University are growing apart rather than groo~~ing together, and he felt a study as to how
continuing relationship should be established will have a tremendous amount of importance
in the future to both the Community and University.
Mr. Harriss pointed out many o£ the people at the University are people who have
recently come into the Community and they feel a hesitancy about joining community life,
and the Community apparently has not in the past extended itself in welcome to these
people in the way that would really make them a part of i;he Community, so there are two
separate entities that have very little contact i•aith each other and the study will be
about this. It is an application for a federal grant.
Mr. Harriss stated with the exception of changing $100 to 9~50 in cash he would re-
commend the Board support this.
Mr. Marks moved, seconded by Mr. Hall for discussion, the County match the City's
appropriation not exceeding ~b100, funds coming from the General Contin~ency Fund.
Mr. Williams stated he had been a supporter of 4Tilmington College, which he felt
was one of the best things that had happened to the Community. NLr. Williams stated $100
which has been requested from the County is not a lot of money, but it seemed everytrime
we need to do something, or think we need to do something, we have to have a special
appropriation for a study. Mr. Williams stated he did not see the need to spend $b10,000
to bring two organizations together, which he thought were already together. NLr. Williams
stated he thouglt the Community had supported the college from its foundation on up until
today. The people were very much sold on the need for a University and he stated he
frankly did not see that a$10,000 expenditure for this purpose is needed. Mr. Williams
felt there must fi~e a way of getting a voluntar,p study made, if one is needed, rather than
call in some professional to do it.
Mr. Harriss stated this has nothing to do with race relations; it is Community and
University relationship. Mr. Harriss stated the committee is composed of the following:
Communitv Zeaders:
B. D. Schtaartz
Mrs. Robert W. Williams
Derick G. S. Davis
Meares Harriss, Jr.
Mrs. Margaret Faw Fonvielle
Universitv Leaders:
Rev. Walser H. Allen, Jr.
• Dr. John H. Scalf
Mrs. Elizabeth A. Pearsall
Dr. Gerald H. Shinn
William H. Browder, Jr.
Chairman Harriss outlined objectives of the project as folloUas:
1. In the light of the common setting of the Community and the University
to analyze the current situation and describe the present state o£ the
relationship between the two, including the economic, social and poli-
tical impact of each upon the other.
2. To bring together indi~:i:duals and groups of the Community with their
counterparts of the University, whose matching concerns and interests
may be studied, discussed and pursued from a humanistic viewpoint.
3. (HOW DO 41E GROW?) To identify, describe and explore the processes and
stages of growth which the Community and the Universit9 will be ex-
periencing mutually, or separately, during the next ten years and beyond.
0
~~_PJ
MINUTES OF MEETING, Sr.r~1~,MBER 18, 1°~2 - 9~00 A.M. (CONTINUED)
PROPOSAL TO NORTH CAROLINA COP'Il`1ITTEE FOR CONTINUING EDUCATION IN THE HUMANITIES (CONTINUED)
4. (WHERE SHOULD l~lE GO'?) To suggest, describe and posit values £or the combined
Wilmington-New Hanover County-University community which reflect evaluations
of environmental, social and spiritual factors as well as the interests of
economic, governmental and academic structures. (It is to be borne in mind
that traditional values of the academic community or the community at large
may and in some cases, perhaps, should be retained, at least in modified
form, by a community in transition.) l~lso, to su~gest, describe and formu-
late goals, both public and private, for the combined community and its
citizens from the humanistic viewpoint of the maximum good for the community
and its citizens (i.e., all residents).
5. To identify, d.evelop and encourage the use of appropriate and efficient means
for enhancing those values and achievin~ those goals in the combined
Wilmington-New Hanover County-University community.
a. An example: Young workers of various occupations in the Community and
students at the University of North Carolina at Wilmington may be
challenged to develo~ new or stronger vocational values by considering
the ethic of work in the light of both traditional religious beliefs
and the needs of contemporary human society.
Mr. Harriss outlined program and activities of the project as follows:
A. Planning Time
1. Initially, the joint Humanities Committee will expand to a total of
20 to 25 individuals composed of equal numbers from the Wilmington-
New Hanover County community and the University of North Carolina at
jJilmington. Orientation of the e~anded committee to the purposes
of the project will be undertaken during the initial phase of planning.
2. In the second phase the full Humanities Committee will conduct one or
more planning meetings in order
a. To determine the nature and scope of participation in the project
by groups and individuals from the Community and the University, and
b. To develop the details of the program and plan the complete
implementation of the project.
3. The duration of the planning period will be from Nov. 1 to Dec. 15, 1g72.
B. Public Convocation
1. It is anticipated that this will be held at UNC-W on or about
dan. 15, 1973-
2. Attendance by representatives of various community groups and other in-
dividuals who have been invited oaill be expected; together with attendance
by various administrators, faculty, students and trustees of UNC-W.
3. Two principal public speakers will be presented (non-local), one a com-
munity humanist and the other a university humanist.
C. Seminars
1. Seminars will be organized composed of (in each case) (a) a group of
similarly-situated individuals from the Community and (b) a group of
matching individuals from the University with professional expertise or
appropriate insight and training in the humanities.
2. The public part o£ the project will begin on or about January 15 with
the Public Convocation and continue, one week later, vaith the weekly
meetings of the Seminars until March 1, 19'73.
3. A sub-committee of each Seminar, consisting of the Chairman (leader)
and two other members, will write a report of the group's findings
and submit it to the Seminar at the final meeting of the group.
4. At that time each Seminar will approve its report to the joint Humani-
ties Committee and undertake planning for future consideration and
implementation of humanistic values and goals, as well as means of
action, in its (the individual Seminar group's) particular area of
concern.
D. Public Convocation II
l. The joint Humanities Committee will.receive the written reports £rom
the Seminar groups and cause a master report to be prepared by a sub-
committee. This report will provide a synthesis of information
obtained from all pertinent sources and contain a description of
recommended methods, values and goals which the Community and the
University may strive to implement and achieve together.
2. This master report will be presented to everyone in the joint
Wilmington-New Hanover County-University community humanities project
at the closing conference, which will take the form of a second public
convocation to be held at U.N.C. at Wilmington on or about March 12,
lg'73. Following the convocation, the master report (in final printed
form) will be given the widest possible dissemination throughout the
community.
E. Assessment Period
1. Following Public Convocation II the ~oint Humanities Committee ~ai11
meet at least tu~ice during the period from March 12 to March 31, in
order to:
a. Consider ways and means (in addition to the dissemination of the
master report) of further influencing the processes of growth
and development, the values and the goals of the total community
in humanistic terms.
x
~~~
PiINUTES OF MEETING, SEPTEMBER 18, 1972 - 9~00 A.M. (CONTINUED)
PROPOS~L TO NORTH CAROLINA COMMITTEE FOR CONTINUING EDUCATION IN THE HiTMANITIES (CONTINUED)
E. Assessment Period
l. (Continued)
b. Consider wa~s and means of further clarifying and strengthening the
relationship between the Community and the University, and
c. Consider whether or not to apply to the North Carolina Committee for
Gontinuing Education in the Humanities £or further funding and, if the
answer is affirmative, what kind of project to seek a grant for.
F. Duration
1. The duration o£ the project will be from November 1, 1972 to March 31, 19']3.
Mr. Williams stated the objectives are good but he would like to have more time to
think about it.
Prir. Williams made a substitute motion, seconded by Mr. Hall, that the subject be
tabled until the next regular meeting. Vote was called which resulted in a tie; Messrs.
Williams and Ha11 voted "Yes" and Messrs. Harriss and Marks voted "No."
Vote was called on Mr. Marks' motion oahich resulted in a tie vote. Messrs. Harriss
and Marks voted "Yes." Messrs. Williams and Hall voted "No."
LETTER - DIRECTOR OF -IVISION OF STATISTICS AND PROGRAM ANAI,YSIS FOR THE STATE OF NORTH
CAROLINA, DEPARTMENT OF HUMAN RESOURCES DEPARTMENT OF MENTAL HEALTH -
Mr. John Wilson received a letter from 1°ir. Len Meshak, Director of the Division of
Statistics and Program knalysis, State Department of Human Resources, enclosing MSR 2-11
which is a report on £irst and readmissions to the four North Carolina State Mental
Hospitals for the fiscal year ending June 30, 19']1. Attention was called to Area 4-l,
Neva Hanover, Brunswick, and Pender. The area, as a whole, had the lowest rate of total
admissions to the £our State Mental Hospitals of any area in the State. This was 17'7
per 100,000. Rate for Area 4-1 was significantly lower than both the State and Eastern
Region averages for each of the four broad age groups that is under 18, 18-44, 45-64,
and 65 and older. The experience of New Hanover County particularly contributed to thi.s
to this Area 4 admission rate experience. The letter w:ent on to say they believed the
active community Mental Health Center pro~rams in Area 4-1 have been the major contri-
buting factors to the loor rate of use of the State Mental Health Hospitals by serving
as alternative to institutional care in a substantial number of cases.
Nr. Marks pointed out this report covered. time when Dr. Schulte was at the local
center. Dr. Schulte adopted the policy of putting patients in local hospitals and treat-
ing them himself rather than State Hospitals. A substantial percentage of local beds
were being used and a chan~e had to be made. This was an experiment made by the State.
Mr. Marks stated the County is not in as favorable a position at this point.
Mr. Harriss stated this should point out need for a full time psychiatrist.
PUBLIC HEARING - SPECIAL USE PERMIT -
Chairman Harriss declared public hearing open to discuss request for special use
permit.
Mr. Mallory, Director of Planning, presented the reguest.
Application For SAecial Use Permit:
Application for Special Use Permit to use the property on the F~est_side of
South College Road between Pine Valley Drive and Brag~ Drive in Zoning Area
No. 9(formerly City of Wilmington's One Mile Area) for apartments.
P1x. Mallory called attention to preliminary site plan which the petitioner had on
display at this meeting. This map i•ras submitted ~rith the application for special use per-
mit. Prir. Nallory stated at this time the Planning Commission has not approved the proposed
layout submitted by the applicant; there are some things the applicant and Planning Com-
mission have not reached a common ground on such as, in the opinion o£ the Planning Com-
mission, the swimming pool should be oriented away from the single-family area. Drainage
plan, soil sedimentation control, layout of utilities, and sewer line have not been ap-
proved. Mr. Mallory stated these things will come.at a later date. They are rather
complex and expensive. Pir. Mallory stated the Planning Commission is recommendin~ to the
Board'of Commissioners that the special use permit be issued to use the land in this area
for apartments, subject to the following:
1. Plans be submitted in accordance with the New Hanover County PoAing, Ordinance.
2. Plans be in accordance with any requirements as approved by the Subdivision
Review Committee.
3. The Subdivision Review Committee of the Wilmington-New Hanover Planning
Commission be authorized to give final approval to the plans prior to the
issuance of any building permit.
4. The project be constructed in accordance with the plans as approved.
~ Mr. Mallory stated the recommendation o£ the Planning Commission is not approval of
the plan as it is but the concept of multi-family use be approved in this area. If the
developer can use this land for multi-family use then the other plans would be submitted
and approved in accordance with the ordinance.
Mr. Trask pointed out multi-family use was approved by the Planning Commission sub-'
ject to the conditions Mr. Mallory had just read.
Mr. Williams was of the opinion final approval should be by the Board of County
Commissioners upon recommendation of the Planning Commission rather than by the Planning
Commission itself. '
P1r. Richard Havens, Acquisition Officer, The glingoeil Company, Columbus, Ohio, pro-
posed developer, spoke saying he was vague concerning the approval and vlhat is to be re-
quired on the site. He taas concerned as to how far they had to draw their plans and how
far they had to go before they knoca whether they are approved or not approved. Mr. Havens
stated no firm can hire land planners, engineers, and architects to draw a complete set
of plans before knowing whether they are to be approved or not.
~~_~
I`~INUTES OF MEETING, SEPTEMBER 18, 1972 - 9~0o A.M. (CONTINUED)
PUBLIC HEARING - SPECIAI~ USE PERMIT (CONTII~UED) -
Mr. Havens stated they filed a four or five page application with the Planning
Commission on August 6. They took the ordinance and answered questions one by one, but
there were some they could not answer such as presenting a grading plan. This could not
be done because it depends on where buildings are to be placed on the lot, parking lot,
and streets. The sar~e is true for the utility situation. The Trask Company is buildin~
a seu~er system and it iaill be in operation for the benefit of this multi-family develop-
ment, together taith other residential use of this area, by February or March of next
year. The vaater company vaill supply water, so the utilities are set up by others.
Buffer zone was discussed and Mr. Havens stated he felt these apartments would be
ideal buffer between the single residences and the commercial sites on the highway.
Bu£fer zone will be provided along the half-mile common border with the residential
property as reguested. The buffer zone will be 30 feet and plans have been dra~,~n to
reflect this. Ditch used nova will be kept as an open ditch or piped.
Mr. Havens stated this is all they can tell the Planning Commission at this time.
Ms. Havens stated they plan to build an Olympic swimming pool and community building.
Ten pages of plans and site plans are all they can furnish the Planning Iioard at this
time. To go further than this is to commit themselves for full scale working drawings.
Mr. Johnny Sutton, Staff Planner, outlined 12 items on ~ahich the Planning Commis-
sion required additional information. The Planning Commission tabled this application
on l~ugust 2 awaiting this information. Some o£ the items have been corrected.
Mr. Sutton outlined the items as follows:
1. Letter of approval of the waste treatment site has been submitted but
ordinance reguires a letter of approval o£ the treatment facility
oahich has not been submitted.
2. Proposal from Pine Valley Water Company to furnish water must be ap-
proved by the Ne~,~ Hanover County Board of Health. This has been
submitted and approved.
3. Complete drainage plan must be submitted..
4. Owner's full name and address. This has been furnished.
5. Boundary must be tied to North Carolina coordinate system. This has
been done.
6. Utility Plan should be submitted, includin~ all related facilities.
~. Cross Section of all streets.
8. Curb type in parking area.
9. Indicate street names.
10. More detailed description of proposed recreational areas to include type
and dimensions in order to determine reductions in lot area required.
11. Indicate number of stories of each structure.
12. Proposed clearing and grading plan should be submitted showing all areas
to be cleared and graded and proposed means of sediment control.
The Plannin~ Department recommended some design changes as follows:
1. 20-foot buffer area should be reserved adjacent to all single-family lots
in which existing trees exceeding ten feet in height shall remain un-
disturbed and continuous planting of evergreen hedge or trees that will
attain minimum height of eight or ten feet shall occur. Hedge location
shall be contingent upon approval of drainage plan. Hedge type will be
approved by County Extension Agent and the Planning Department. In
addition all buildings shall be set back 10 feet from the buffer area.
2. Street adjacent to NC 132 shall be set back three feet fron 132 right-
of-way line, with vertical curb installed.
3. Circle drive area in the center of the project should be one-way with no
direct access parking allowed in the circle.
4'. Off-street parking should be at a ratio of two spaces per unit. This
will require an additional `]1 spaces for units proposed.
5. Density o£ development is too high. Ordinance under;proposed plan k~ould
permit a density of approximately 12.9 units per acre. The proposed
density in the project was 14.3. This would require that approximately
35 units be deleted from the total number of units proposed.
6. The Planning Department be authorized to approve relocation of any
structure up to 15% of its length or width and approve relocation of
of any street or parking area up to 15% of its width.
~. Reorient recreation areas away from the single family residence.
8. All streets and parking areas should be desi{~ned and constructed in
accordance with minimum desi~n and construction specifications same as
private streets in Neo~ Hanover County.
9. B-2 Area adjacent to the project should be rezoned before any structures
are erected there.
~~~
MINUTES OF PIEETING, SEPTEMBER 18, 1972 -°r:00 k.M. (CONTINTTED)
PUBLIC HEkRING - SPECIAZ USE PERMIT (CONTINUED) -
Mr. Mallory stated the above was as of August 2nd. Mr. Mallory stated on the afternoon
of September 6 the petitioner submitted a revised preliminar~ site plan and also comments
with reference to the comments of the Planning Commission of August 2nd. The Planning Com-
mission met on the night o£ September 6 and there was no way the staff could evaluate
what the petitioner had resubmitted in reference to the comments prior to the meeting so
the Planning Department sta£f iaas unable to offer any recommendations to the Planning
Commission. The Planning Commission, therefore, made the recommendation outlined above to
the Board of Commissioners, and reguested the Planning Department staff to come be£ore the
next Subdivision Review Committee after analyzing the comments that were resubmitted and
submit recommendations to the Subdivision Review Committee or inform them as to what infor-
mation was not submitted or did not comply with the reguested information as of August 2nd.
Mr. Sutton ~ave this information to the Commissioners, even though the Planning Com-
mission does not have it at this time.
l. I,etter of approval of the waste treatment facility from Water and Air
Resources has been submitted. A letter of approval of facilities is
still needed.
2. Proposal from Pine Valley Water Company has been approved.
3. Complete drainage plan must be submitted.
4. Utility, including water and sewer plan, should be submitted, including
all related £acilities.
5. Typical cross section of streets.
6. Curb type in parking area.
7. Street names.
8. Clearing and grading plans - Mr. Sutton stated note would be sufficient indicating
the only areas that would be cleared and/or graded would be areas of actual build-
ing site construction and street construction which is not to go beyond five feet
of the building line or street line. All that is needed is indication of what
will be cleared and graded. Also, an indication in writing as to the means of
sediments control.
P1r. Sutton then discussed changes recommended by the Planning Commission in construction
design.
1. Mr. Sutton stated the 20-foot buffer area has been provided on the new site plan
with a 10 foot set back from the buffer area indicated in all but one instance
which is minor and acceptable.
2. Street adjacent to NC 132 set back 3 feet from right-of-i~~ay has been changed and
is in conformity.
3. Circle driveway in center should be one wa~ with no access parking allowed in circle.
There is still parking in the circle but they have set parking back ten to fifteen
feet and this v~ill probably be sufficient.
4. Off-street parking should be a ratio of 2 spaces per unit. The proposed ratio is
1.83. This has been considered by the Planning -epartment but it is in no posi-
tion to make a recommendation on change in required parking.
5. Density is major factor involved. The developer is proposing 399 units, one build-
ing would be a model building. None of the seven units of this building will be
occupied by residants. This has not been included in the staff's calculations.
The Planning Department recommends that not over 355 units be permitted on the site.
6. It was recommended the recreation unit be reoriented a~•aay from single-£amily resi-
dences. This has not been done.
~. All streets and parking areas should be designed and built in accordance with mini-
mum standards o£ New Hanover County. Developer has indicated he would do this.
8. B-2 area has been recommended to be rezoned b~ the Planning Commission to R-15
residential. This has been taken care of.
9. Planning Department be authorized to approve 15% change in location of structures
and streets.
Mr. Mallory stated this resubmission tiaill be presented to the Subdivision Revie~a
Committee along with staff's recommendation. The Planning Commission did not, however, want
the developer to go to any additional expense without being assured the area can be used for
multi-family residences.
Question of drainage ti~as discussed. Mr. Trask stated it goes back ta>the Golf Course
then across 132 into Watson's Branch.
NCr. Bov:den asked if any of the water will dump into ditch behind Cascade Road. Mr.
Trask said it will not.
Mr. Mallory stated there are a number of plans the Planning Department will need to
review and approve, but he did not feel they were of major consequence and the Planning
Department can work with the developer. There are some major things yet to be answered in
reference to the importance of the project: (1) can the land be used for multi-family use,
and this is the only point on which the Planning Commission today has a recommendation to
the Board of County Commissioners and the answer is "Yes," subject to conditions set out
earlier in the hearing.
2~9
MINUTES OF MEETING, SEPTEMBER 18, 1972 - 9~00 A.M. (CONTINUED)
PUBLIC HEARING - SPECIAL USE PERMIT (CONTlivu~D) -
The other things that are important to Mr. Havens are: (1) what type of buffer is
going to be required betvaeen the single family area and the apartments and whether (2)
the recreation area is going to have to be reoriented. The Planning Commission does not
have a recommendation on these two things today.
Mr. Mallory stated developer is proposing a density of a little over 14 units per
acre; the Planning Department is saying the maximum density as permitted by the ordinance
for this particular project based on the amenities and recreation facilities that they
are providing u~ould be 12.9 units per acre. This is the third thing the Planning Com-
mission does not have a recommendation on.
Col. James L. Andrews, resident of Pine Valley spoke in protest of the apartments
saying when the people bought their homes they were under the impression only sin~le
family homes would be there and that the present drainage is totally unsatisfactory.
He also stated buffer of 20 £eet is inadequate and he was opposed to having that many
people and cars in that small an area. Col. AndreVis presented petition containing
30 names protesting apartments.
Several others spoke in opposition to the apartments citing various reasons; drain-
age, privacy, etc.
Mr. Havens stated if drainage is bad now, it will continue to be until pipes are
enlarged.
Mr. Havens stated they had studied very carefully the ordinance on density, and density
reguired depends on one factor and that is a formula which penalizes the small four to six
to eight to ten family buildings and encourages buildings of over 13 and 14 units per build-
ing. It encourages high rise construction. Mr. Havens stated if they put the buildings
together it would increase number of buildings they could ~et on the ground because they
have fallen into a different category in the Yormula. Mr. Havens requested a variance on
the number of units in the buildings, so they can build better looking buildings.
Mr. Williams asked for discussion on relocation of the proposed recreation facility
as recommended by Mr. Mallory and also increasing the number of spaces for automobiles to
two per unit in addition to the question of density.
Mr. Mallory stated off-street parking was discussed at the Planning Commission's meet-
ing and it was the general consensus that the requirement of the ordinance for two off-
street parking spaces per unit is excessive and this has been checked and he agrees oaith
~• this. The staf£ will have a recommendation at the Planning Commission's meeting in October
to recommend some change, probably a reduction.
Mr. Mallory stated he felt the Staff's recommendation to the Planning Commission on
the proposed recreation facility will still be the same because of the excessive noise,
and the staff feels it should be oriented away from single-family residences.
Mr. George Lancaster spoke against apartments for substantially the same reasons as
others and recommendin~ single family residences be put in the area.
Mr. Bowden was excused from the meeting at this time.
Question Vaas raised on whether these will be low-rent apartments. Mr. Havens stated
rent oaould be from medium to high. From $200 to ~300 from each unit t-~ill be put in the
recreation facilities. .
Mrs. Franklin Williams spoke next particularly against the apartments. She called
attention to possible proposed apartments across the street. Mr. Havens stated his company
has option on the land on i~hich they hoped to put condominiums in four to six years.
Mr. Hall stated as £ar as he is concerned he cannot say no~. to ap2rtments, but is
j inclined to believe necessity for a larger buffer zone is in order.
Mr. Williams stated tUro questions cannot be answered today (1) density and (2) loca-
tion of recreation facility and suggested Board approve concept of apartment construction
in the area requested, subject to compliance with the provisions of an approved special
use permit, special use permit to be subject to approval by the County Commissioners'
after detail recommendations from the Planning Commission.
Mr~. Williams protested location of' recreation facility adjacent to her yard.
P4r. Trask stated all details can be worked out, but PYr. Hall saanted the record to
show that he feels a lar~er buffer zone is needed although he approves concept of apart-
ments being permitted in the area.
Mr. Williams moved, seconded by Mr. Hall, that the Board of Commissioners approve the
concept of apartment complex construction in the area requested, subject to compliance
with the provisions of an approved special use permit, and that the special use permit
shall be subject to approval by the County Commissioners after detailed recommendations
by the Planning Commission.
Mr. Fox stated as result of this action there will be no change in the zoning at this
time because this does not constitute approval of a special use permit.
Mr. Harriss made a substitute motion, seconded by Mr. Marks, that a special use permit
for construction of multi-family units be issued subject to meeting the conditions set
forth by the Planning Commission, and also, subject to final approval by the Board of
County Commissioners before becoming valid.
Mr. Fox stated it was permissible to issue special use permit subject to conditions
outlined by Mr. Mallory earlier.
Mr. Mallory pointed out condition No. 3 in the special use permit he read earlier
~aould have to be changed to.~~d£inal approval to be made by the Board of County CommissiDners
instead of by Subdivision Revieca Committee of the Wilmington-New Hanover Plannin~ Commission.
Vote r~as called on substitute motion. It carried unanimously.
Mr. Harriss declared Public Hearing on this matter closed.
~~tl
MINiTTES OF MEETING, SEPTEMBER 18, 1972 - 9~0o n.r[. (CONTINUED)
Meeting recessed at 11:15 A.M. „
Meeting reconvened at 11:25 A.M.
PUBZIC HEARING - CAPE FEAR TECH BOND ISSUE -
Mr. Harriss declared Public Hearing open on the Bond Order.
Mr. H. A. Marks moved, seconded by Mr. Hall, adoption of £ollowing resolution intro-
duced at September 5th meetin~ be adopted ~Jithout change. Motion carried unanimousl~.
"The Clerk reported to the Board that the bond order entitled
'Bond Order authorizing the issuance of 5~3,6~5,000 Technical Institute Bonds
of New Hanover County', which had been introduced on September 5, 19'72, has
been published in the Wilmington Morning Star on September '7 and 14, 19~2,
with notice that the Board of Com~issioners would hold a public hearing there-
on on September 18, 19']2, at 10:00 o'clock, A.M.
"H. A. Marks moved that the Board proceed to hold a public hearing
on the bond order. The motion was seconded by J. M. Hall, Jr. and was unani-
mously adopted.
"At 10:00 o'clock A.i~Y., the Chairman announced that the Board would
hear any citizen or taxpayer who desired to beY~ard with respect to the bond
order. At the direction of the Chairman, the Clerk read the bond order and
the published notice of hearin~.
"After the Board had heard all persons who requested to be heard,
H. A. Marks moved that the public hearing be closed. The motion iaas seconded
by J. M. Hall, Jr. and ti,~as unanimously adopted.
"H. A. MarY.s moved that the following resolution be adopted:
"WF~EREP.S, the Uond order entitled "Bond Order authorizing the issu-
ance of $3,6'75,000 Technical Institute Bonds of New Hanover County", intro-
duced at the meeting of the Board of Commissioners held on September 5, 19'72,
has been duly published tiaith notice of hearing thereon and the Board of Com-
missioners has, at the time and place specified in such notice o£ hearing,
heard any and all citizens ancl taxpayers who desired to protest against the
issuance of the bonds, and such hearing has been closed; and
"4JHEEREAS, the County Auditor has, by direction of the Board of ~.
Commissioners, £iled in the office of the Clerk of the Board of Commissioners
a statement of debt incurred and to be incurred for other than school purposes
under bond orders either introduced or passed, complying orith the provisions
of The County Finance Act, and such statemeni; so filed shows that the net
indebtedness of the County for other than school purposes is 1.25% o£ the
assessed valuation of property in said County as last fixed for County taxa-
tion; NOW, THEREFORE,
"BE IT RESOI,VED by the Board of Corilmissione'rs of New Hanover County
as follows: ~
"(1) The bond order entitled "Bond Order authorizing the issuance
of f~3,6'75,000 Technical Institute Bonds of New Hanover County", introduced
at the meeting of the Board o£ Commissioners held on September 5, 1972, is
hereby adopted without change or amendment.
"(2) The Clerk of the Board of Commissioners is hereby directed
to cause a copy of said bond order to be published oaith the statement as
to its adoption prescribed 'oy The County Finance Act in the Wilmington
Morning Star, a neiti~spaper published in 4lilmington, in said County, and
such publication shall be made in the manner prescribed by The County Finance
Act."
"The motion havin~ been duly. seconded by J. M, Hall, Jr., it was
unanimously adopted."
Mr. Marks moved, seconded by Mr. Hall, following resolution be adopted authorizin~ the
said bond order be submitted to the qualified voters o£ County at an election be be held
on November '7, 19']2:
"H. A. Marks moved the adoption of the following resolution which
~~as read at length to the Board:
"WHEREAS, the Board of Commissioners has adopted the bond order
hereinafter described authorizing the issuance of $3,6']5,000 Technical_
Institute Bonds, and such bond order and the indebtedness to be incurred
by the issuance of such bonds and the tax to be levied £or the payment of
such bonds should be submitted to the voters o£ New Hanover County £or their
approval or disapproval in order to comply with the Constitution and latas of
North Carolina; NOW, THEREFORE,
"BE IT RESOLVED by the Board of Commissioners of New Hanover County
as follows:
"(1) The question whether the qualified voters of NeU~ Hanover County
shall approve or disapprove (1) the indebtedness to be incurred by the issu-
ance of the bonds of the County authorized by said bond order, and (2) the
levy of a tax for the payment thereof, and (3) said bond order, shall be sub-
mitted to the qualified voters of said County at an election to be held in
said County on November ~, 19'72.
"(2) The Clerk of Board of Commissioners is hereby authorized and
directed to publish a notice of said election which shall be in substantially
the £olloiaing form:
~~u~
NINLTTES OF MEETING, S~rl~~MBER 18, 1972 - 9~00 ~.M. (CONTINTTED)
PUBLIC HEARING - CAPE FEAR TECH BOND ISSUE -
NE41 HANOVER COUNTY, NORTH CAROZINk
NOTICE OF SPECIAI, ELECTION
"NOTICE IS HEREBY GIVFN that a special election ~aill be held in New
Hanover County, North Carolina, on November 7, 19'72, for the purpose of sub-
mitting to the qualified voters of said County the guestion oahether they
shall approve or disapprove, (1) the indebtedness to be incurred by the
issuance of bonds of said County of the maximum principal amount of
~3,6'75,000, and (2) the levy of a tax £or the payment of such bonds, and
(3) the bond order entitled 'Bond Order authorizing the issuance of
$63,6'75,000 Technical Institute Bonds of New Hanover County' adopted by
the Board of Commissioners on September 18, 19']2, to authorize the issu-
ance of said bonds and the levy of such tax. The 9b3,6']5,000 Technical
Institute Bonds are authorized to finance the erection, enlargement and
equipment of a building or buildings in New Hanover County for use by Cape
Fear Technical Institute, including the aca,uisition of the necessary land
or rights-in-land.
"The ballot-labels and ballots to be used at said election shall
contain the words ~'FOR the bond order authorizing $3,6'75,000 of bonds to
finance the erection, enlargement and equipment of a building or buildings
in Nera Hanover County for use by Cape Fear Technical Institute, includin~
the acguisition of the necessary land or rights-in-land, and a tax there-
£or', and the words 'AGAINST the bond order authorizin~ $3,675,000 of bonds
to finance the erection, enlargement and equipment of a building or build-
ings in New Hanover County £or use by Cap2 Fear Technical Institute, in-
cluding the acquisition of the necessary land or rights-in-land, and a tax
therefor', with squares opposite the affirmative and negative forms in one
o~ which squares the voter may record his choice.
"In the event a majority of the qualified voters voting at said
election vote to approve the incurring of such indebtedness and levy of
such tax, said bonds shall be issued and a tax shall be levied for the
payment of such bonds.
"The polls for the election will o~en at the hour of 6:30
o'clock, A.M., and will close at the hour of ~:30 o'clock, P.M. The
election will be held at the same polling places at which the last election
was held in New Hanover County for the election of inembers of the General
Assembly.
"The registration records of New Hanover County will be kept open
at the County Commission Buildin~ in Wilmington, North Carolina, from 8:00
o'clock ~.M. until 5:00 o`clock P.N. on each day (except Saturdays and
Sundays) through October 9, 19']2, being the twenty-first day, Saturdays
and Sundays excluded, before said election. The registration records oaill
be kept open the following additional days and tines -- from 8:00 o'clock
A.M. until 6:00 o'clock P.M. on Friday, September 22 and 29, and October 6.
Also on Saturday, September 23 and 30, and October '7, 19'72, from 9:00 o'clock
A.M. until 3:00 o'clock P.M.
"Any qualified voter o£ the County who expects to be absent from
the County during all of said election day or who, because of sickness or
other physical disability will be unable to be present at the polls to vote
in person on said day, may apply for an absentee ballot to be used in voting
at said election not earlier than forty-five days prior to said election and
not later than 6:00 o'clock, P.M. on November 1, 1972.
"By order of the Board of Commissioners of IQew Hanover County.
September 18, 19'72
Hazel Sava{~e
Clerk to the Board oY Commissioners
of New Hanover County, North Carolina
"Said notice of special election shall be published five times
and there shall be an interval of at least one week between said publications
and the £irst of said publications shall be not later than forty-five days
prior to the date o£ such election.
"(3) The polls fo.r said election shall be opened and closed at
the times and at the places stated in said notice and electors shall be
registered for said election in the manner stated in said notice.
"(4) The County Board of Elections is hereby requested to print
and distribute the necessary ballot-labels and ballots and to provide the
registration books and eguipment for the holding of said election and to
conduct and to supervise said election.
J. M. Hall, Jr. seconded the motion and the motion was unani-
mously adopted."
Mr. Harriss declared Public Hearing closed.
FORECLOSED PROPERTY -
Mr. Powell, Tax Administrator, reminded the Commissioners he had advised them at the
last meeting the Tax Office expected to sell foreclosed property in about three vaeeks.
Mr. Po~aell stated they had had some problems with the sale dates with the Clerk of
Courts' o£fice which has delayed the sales. The Tax Office has now received a sale date
which 4ri11 be October 16th. Ten':~racts of land will be o£fered £or sale representing
total outstanding ta~ces of $12,,300.48. Mr. Powell stated sales will continue as soon as
the Clerk of Court assigns sale dates.
c x
~
(u rJ
MIT~IUTES OF MEETING, SEPTEMBER 18, 1972 -.9:0o n.M. (CONTINUED)
DkTE OF COUNTY AUDITOR'S RELEASE FROM PAYROI,I, AND VACATION PAY -
Mr. Williams moved, seconded by Mr. Hall, that the County Auditor be paid through the
date he resigned (August 31, 19'72). and that he be paid for.any vacation to which he is
entitled for the last fiscal year and up to this date in this fiscal year. Motion carried
unanimously.,
COI,7IECTOR OF REVENUE' S REPORT -
Mrs. Straughn presented follovaing report for Au~ust, 19']2: Char6ed Per Back Tax
Records ~436,216.30, less collections to date o£ ~48,'752.10 and Abatements of $215.14,
leaving balance of $38'7,249.06. Delinquent Personal Property Taxes,collected throu~h
August amounted to $2,258•53-
Mr. Hall moved, seconded by Mr. Marks, that the report be aceepted. Motion carried
unanimously.
TAX OFFICE PERSONNEI, -
Mr. Grubbs requested formal approval to make the two EEA positions in the Tax Office
into fully funded County positions. They wi11 be Clerk I(trainee) positions. The posi-
tions were formerly funded under EEA Program; however, due to the instability and uncer-
tainty o£ the EEA F~znds it is reguested these positions be made permanent County positions.
This will require an appropriation of $6,741 from the General Contingency F~and.
Mr. Marks moved, seconded by P'~ir. Hall, approval of the request, funds coming from the
General Contingency F4~nd. Motion carried unanimously.
laPPOINTPIENT OF MENfBER TO JURY COMMISSION - •
Mr. Hall moved, seconded by Mr. Williams, the same person be reappointed, subject to
his eligibility. P4otion carried unanimously. (Upon checking record, it was found term of
member appointed by the Commissioners will not expire until next year.)
SIGNING CHECKS -
Mr. Williams asked Mr. Harriss to clari£y meanin~ of his motion at last meetin~ that
the Vice-Chairman be authorized to sign checks in the event of his (Mr. Harriss) absence.
Mr. Williams wanted to knoi,~ if this meant when PTr. Harriss is out of town or when it is not
convenient for him to do so. Mr. Harriss stated the intent of the motion was that Mr.
Williams sign checks ~ahen he (Mr. Harriss) is not available.
UNITED WAY PROGRAM
Mr. Harriss read following statement: .
"The New Hanover County Commissioners would like to take this opportunity
to endorse the United Way Program in New Hanover County.
"We would like to encourage all o£ our employees to contribute to this
worthy organization. Last year the County Commissioners approved the
payroll deduction method, which will enable the employees to contribute
more conveniently. 61e would like to reiterate the endorsement of this
policy again this year."
P4r. 47illiams moved, seconded by Mr. Marks, the statement be approved and made a part
of the record. Motion carried unanimously. ,
APPOINTP~iENT MEMBERS TO PLAt~IIv"IIdG COMMISSION -
Discussion of reappointing Mr. Morris ~nmart was held due to fact he has served more
than two terms and the recent policy adopted by the Commissioners to the effect no person
shall be reappointed after serving two consecutive terms without a year's absence. It v~as
the consensus o~ the Board that since Mr. Emmart had been such a valuable member they would
make an exception to the policy just adopted for the reason Mr. Emmart has served on the
Board since its beginning and the Commissioners feel there is a continuin~ need ~or his
services.
Mr. Marks moved, seconded by Mr. Harriss, that exception to Count,y's policy on persons
serving more than two consecutive terms be made, and Mr. Morris S. Emmart, Sr. (who has
served two terms or more) and Nr. Henry M. von Oesen be reappointed for terms of three
years, terms expiring July 31, i9~5._ Motion carried unanimously.
SEI~ECTION OF COUNTY AUDITOR -
Mr. Marks stated Mr. Bekaert, present outside Auditor, had offered his assistance in
trying to locate a competent auditor and evaluation oihen the Board has some prospect, if
the Board so desired. Mr. Bekaert pointed out the State Auditors' Association has a file
of qualified available personnel as ~vell as the State Personnel Office in Raleigh, and
the Board might explore these two avenues of information.
Mr. Bekaert stated a Certified Public Account would be invaluable in this position.
He could make certain internal audits tahich viould reduce the time involved in the outside
auditor's audit and reduce the annual cost to the County.
Mr. Williams pointed out the Board should be careful not to overlook the Resident
Superior Court Judge in the matter, because he has sole responsibility for the appointment.
Mr. Harriss stated Judge Tillery has assured him he will cooperate with the Commissioners
in any iaay possible and Judge Tillery had pointed out since the relationship bett•aeen the
Auditor and Commissioners is ver9 close, he felt the Commissioners should be consulted on
the appointment, and he would tiaork vaith the Board in any i~iay possible.
NEW HOPE DAM PROJECT -
Mr. Hall ea~ressed thanks to Mr. Fox for his effective service on this case. The
other Commissioners concurred with Mr. Hall. •
ADJOURNMENT -
There being no further business to come before the Board, Mr. Hall moved, seconded
by Mr. Williams, the meeting adjourn. Motion carried unanimously.
, Respectfully submitted,
Hazel Sava~e
Clerk t~o the Board
hs/mw