1972-11-20 Regular Meeting~~~ N't~NUTES OF MEETING, NOVEMBER 6, ~972 - 9:0o n.M. (CONTINUED)
DATE OF NEXT REGUI~AR MEETING -
Mr. Bowden suogested second meeting for November, November 20th, be re"scheduled for
Tuesday, November 2'Ist, in order to allow for public hearings necessitated by the Lower
Cape Fear Water and Sewer Authority in the other counties on that ~onday. After these
public hearings, this Board will have to take action. The Zower Cape Fear Water and Sewer
Authority is now being restructured according to population in the surrounding counties,
and the Board has received a resignation as a result of that resolution. If regular meeting
is changed to Tuesday, it will eliminate having to have a special meeting.
After discussion, it was agreed to adhere to regular schedule for second meeting in
November, November 20th, and hold special meeting in connection with the Lower Cape Fear
Water and Sewer Authority on 4lednesday, November 22nd at 5:00 P.M.
Mr. Williams moved, seconded by I'r1r. Oxenfeld, Mr. Cameron's resignation from the
I,ower Cape Fear Water and. Sewer Authorit,y be accepted, aid letter of appreciation be
written Nr. Cameron for his services. Motion carried unanimously.
REVENUE SHARING -
Mr, Marks su~gested money received from Revenue Sharing be placed in the North Carolina
National Bank because for sometime the County has had no money deposited with them. P1r. Marks
felt the Countv should share with the banks.
Mr. Hall stated he felt the County should receive interest from the first day and stated
another bank here had the same problem about no County funds being deposited with them. Mr.
Hall approached the Auditor on this, and the Auditor informed him it was a matter of bids;
the bank paying more interest receives County's business. P1r. Hall stated if this is law
and the interest rates vary appreciably, then it might be the County ~aill have to conform
with this. Mr. Hall stated if the interest is the same, he felt it shou].d be divided.
Mr. Marks requested it be put in the North Carolina National Bank until the County
decides how to invest it. Mr. Msrks stated he felt the County owes them some patronage.
The Chairman asked that Mr. Marks' remarks be noted and considered when the matter
of these funds is being contemplated.
Mr. Williams stated he agreed as long as the interest there will be as good as at any
other bank.
POLITICAL
Mr. Marks stated there is currently running an advertisement on one of the radio
stations "Count,y Democrats have doubled your tax rate, etc., etc., and under the Republicans
you had four years of solid progress with no raises in taxes." Mr. Marks stated he could not
let that ~o unchallenged amd woitld like for the record to show, and for any other use there
might be, he remembered the year he came in office, December, '1968, the tax rate was $1.50,
based on 5~b ratio, and it was raised to ~'I.62 the first year the Democrats vaere in due to
fact of deficit financing by the prior administration in that they issued bonds equivalent
to 'J cents onthe tax rate in order to reduce the tax rate by 5 cents. The Democratic Board
had to make that up because there ti•ras de£icient financing. The Democrats went on a cash
basis. This :- tax rate of $~.62 was later reduced to $'1.58, and it has not increased since
that time at all.
Mr. MarYs stated ~aith regard to Republican's statement for four years they did not raise
taxes, he had a clipping, dated July 27,.~g55, from the newspaper: "County Tax Rate Raised
'I'7 cents per ~'100. Board Chairman Joseph W. Hooper, a first term Commissioner, was quick to
rush to the defense of the tax incr.ease of 'I'7 cents." PTr. Marks stated_ the current ad going
on the radio station i;s "No raise in taxes for four years". Mr. Marks stated this is hereby
denied.
CLARIFICATION OF IIJITIALS OF AGENCIES -
Mr. Hall requested initials of all agencies referred to be spelled out, so it will be
clear what the agencies are. Mr. Hall requested this request be gotten out to a1.7. concerned.
ADJOURPII~NT -
There ~being no further business to come before the Board, Mr.. Williams moved, seconded
by Mr. Hall, the meeting adjourn. Motion carried unanimously.
Respectfully submitted,
Hazel Savage
Clerk to the Board
hs/wg
MINUTES OF MEETING, NOVEMBER 20~ ~972 - 9~0o A.M.
ASSEMBI,Y -
The regular semi-monthly meeting of the New Hanover County Commiss.ioners was held on the
above date and time in the Commission Building with the following present: Chairman, Meares
Harriss, Jr., Vice-Chairman Berry A. Willians, Commissioners J. M. Hall, Jr., H. A. Marks,
John R. Oxenfeld; County Attorr_ey James C. Fox; County Manager I,aurence 0. Bowden; and Hazel
Savage, Clerk to the Board. ,
INVOCATI~N -
Chairman Harriss called the meeting to order and asked Rev. J. D. Herchenhahn, Pastor,
Grace Baptist Church, to give the invocation.
MINUTES OF MEETING, NOVEMBER 20, '1972 - 9~00 A.M. (CONTINUED)
APPROVAL OF MIAiIITES - REGULAR MEETING. NOVEMBER 6~ '1972 -
Mr. Narks requested follovaing corrections: On Page 22, last paragraph, third sentence
should read: "The I,ower Cape Fear Water and Sewer Authority is now .. . On Page 23, first
and second paragraphs, "The Lower Cape Fear Water and Sewer Authority"~should be shown when
referred to.
Mr. Williams moved, seconded by Mr. Marks, the minutes be approved as corrected. Motion
carried unanimously.
PROPOSED CONSTITUTIONAL AMENDMENT MAKING THE OFFICE OF COUNTY COMMISSIONER A CONSTITUTIONAL
OFFICE -
Mr. Williams made the following statement to the Board:
"Fellow Commissioners
"Did you know that the office of CountS Commissioner is no longer
a"Constitutional Office" in North Carolina?
"Did you knoor that the next session of the General Assembly can,
if it so chooses, make the office of County Commissioner an appointive
office or even abolish it?
"A check of the records indicates that at least as far back as the
'1800's, and until as recently as '1969 the North Carolina Constitution
called £or the election of County Commissioners in each County of the
State (Article 7, Section 'I. of the Constitution). The present consti-
tution, under the heading of Local Government, reads as £ollows:
Article VII, Section 'I
"General Assembly to provide for local government. The General Assembly
shall provide for the organization and government and the fixing of boundaries
of counties, cities and towns, and other governmental subdivisions, and, ex-
cept as otherwise prohibited by this constitution, may give such powers and
duties to counties, cities, and towns, and other governmental subdivisions
as it may deem advisable.
"You vrill note that this section does not refer to the election of the
governing board in any place.
"We have seen the dangerous and alarming trend of increasing power o£
appointed of£icials over the activities of elected officials in recent years
throughout our nation. We now face a situation where it is constitutionally
possible for elected policy board members to be replaced by appointed offi-
cials and employees. We also have another undesirable problem. Until re-
cently, North Carolina Law required that all policy board members of councils
of government must be elected members of City or County Governing Boards. A
recent session of the General Assembly repealed this requirement. As you
lmow, Councils of Government serve as the review committee for federal aid
projects and function in many other areas affecting local government.' It is
no~a possible under the provisions of North Carolina Law for non-elected offi-
cials and employees to be selected to pass judgement on your applications £or
federal grants as members of Councils of Government Policy Boards. It is my
opinion that the General Assembly made a tra~ic mistake in repealing this
safeguard. The North Carolina Association of County Comnissioners apparently
went to sleep at the switch in not vigorously opposing this measure. It is
my firm conviction that the Association of County Commissioners should have
alerted the Commissioners of North Carolina of the dangers of removing the
Count~ Commissioner as a Constitutional Office and should have taken a strong
stand in opposition to the subjects mentioned above. Both of these measures
have weakened the role of elected governing board. members in North Carolina.
This is a dangerous pattern and should not be allowed to continue.
"I have spent considerable time in the last four years at the National
State, and Local Levels attemptin~ to return governmental policv decisions
to the elected ~overning board members who are subject to the will of the
people periodically at the polls and away from appointed officials and
employees.
"I would like to make one last effort to correct this, today, because
I am firmly convinced that if our system of government is to endure, there
must be a constitutional ~uarantee that appointed officials and employees
shall be governed by the elected repres:entatives o£ the people instead of
having appointed personnel governing.
"I would like to offer the following resolution for ;~our consideration:
RESOLUTION
"WI~REAS, the records shoiv that, at least as far back as the '1800's
North Carolina has been divided into districts ksiown as counties, and
"Wf~REAS, counties are the only units of local government in North
Carolina established for the purpose of providing services to all the resi-
dents living in each county of the state, and
"WF~REAS, until recent years, the Constitution of North Carolina re-
quired that county governing board members must be elected by the people
in each county, and
"[~t~tt~AS, this safeguard to democracy has been removed from the
Constitution of North Carolina, and
"WHEREAS, there should be a constitutional guarantee that the citizens
~ oi' North Carolina shall continue to govern themselves through their elected
repres.entatives, and
2~~
C
e) .
IiINUTES OF PIEETING, NOVENff3ER 20, ~972 - 9:0o A.M. (CONTINUED)
PF20POSED CONSTITUTIONAL AMENDMENT MAKING TF~ OFFICE OF COUNTY COMMISSIONER A CONSTITUTIONAZ
OFFICE (-CONTINUED) -
"WHEREAS, appointed of£icials and employees should at all times be under the
direction of elected officials at all levels of government,
"Tf~REFORE BE IT RESOLVED that the '19'73 Session of the General Assembly of
North Carolina be urgently requested to call for a Constitutional Amendment re-
stbring the requirement that the governing boards of all counties in North Carolina
shall be elected by the citizens of the State periodicalZy.
"BE IT FURTHER RESOLVED that copies of this resolution be distributed to all
counties in the State of North Carolina, to all members of the '19'73 General Assembly
of North Carolina, to tile officers and directors of the North Carolina County Commis-
sioners Association and to the news media.
This resolution adopted the 20th day of November, '19']2, by the New Hanover County
Commissioners.
(s) Meares Harriss, Jr.
Chairman
(s) Berry A. Williams
Vice-Chairman
(s) J. M. Hall, Jr.
(s) H. A. Marks
(s) John R. Oxenfeld
ATTEST:
Hazel Savage
Clerk to the Board"
Pir. Wi:lliams- moved_; seoonded. by 1~r: Ha11,_:adopta:onNof. the "r~solution.:, .. .
Mr. Marks stated under Article VII, Section 'I, having reference to the General Assembly
providing for local government, it is l:nder this the County has attenpted to develop a merger
of City-CountS Governments. This authority is necessary through the I,egislature to give the
entire County, if it is a County Government, cities and all, divided into service and non-
service districts, additional powers and authorities. Mr. Marks felt this is the intent of
the article which was instituted by the Institute of Government.
Mr. Marks stated COG in other areas of the CountsnJ, are able to do the work SEDC is
now doing, and the only thing barrin~ them from doing the same thing in this County, curtailing
e~cpenses for this duplication of ef£ort in the area of economic development, is that every
member of COG has to be an elected official. Unfortunately there are not enough o£ minority
elected officials to qualify for that provision which would enable them to take over the opera-
tion of SEDC. Mr. Marks stated he would like to see this happen; it is a duplication of effort;
however, they are not overlapping because they have interlocking board members. Mr. Marks was
of the opinion this an~le should be given some further study before the Board goes too far in-
to this, and he would prefer matter be deferred until it can be explored further.
Mr. Williams stated his preliminary referred to the Councils of Government, but the
resolution only refers to the proposed constitutional restoration of the guarantee that mem-
bers of governing boards of counties shall be elected by the people. The General Assembly
could still act, and this resolution does not request a change in the other portions of the
section of local government at this time. Mr. Williams stated he felt very strongly that
members of County Government in North Carolina should always be elected by the people periodi-
cally; it is a safeguard to our system of government. To dootherwise is foreign to our system
of government as we have known it for many years.
Mr. Oxenfeld asked if the North Carolina Association of County Commissioners is doing
anything about this. Mr. 47illiams stated, insofar as he knew, the members of the governing
board of the Association are not even familiar with it.
Vote was called on motion. It carried four to one. Mr. Marks voted "No".
REPORT OF COLLECTOR OR REVENUE FOR MONTH OF OCTOBER, '1972 -
Nr. Larry Powell, Tax Adu~inistrator, gave report on collection of revenue for the month
of October, '19']2. Mrs. Straughn, Collector of Revenue, was ill. Charged Per Scroll 9G5,355,582•25,
Added Tax Supervisor ~58,095.63, Less Abatements $8,305.68, leaving balance on books ~5,405,3']'1.20,
less collections during October and September and Prepayments $'1,629,5'16.2'7, leaving balance of
'19']2 taxes uncollected $3,~~5,854.93. Back taxes collected during October amounted to $'I'1,524.63,
bringing total back taxes collected to ~7'I,0'7'].28, leaving balance uncollected in amount of
~364,'140.98. Delinquent Personal Property Taxes collected during October amounted to $'1,30'].06,
bringing total collected to date to $5,'12'1.54.
Mr. Harriss pointed out figure of uncollected back taxes is lower than it has been for
some years. Mr. Harriss again complimented Mrs. Straughn and. Mr. Powell on the fine work they
have done. Mr. Powell stated 96.4% of the '19']'I levy has been collected.
LATE TAX LISTING PENAI,TY - ROY E. PIERCE -
Mr. PoVrell stated he is in receipt of a notarized letter from Mr. Roy E. Pierce, d.ated
November 6~;,'19~2, stating he mailed his tax listing form from St. Petersburg, ~'la. during
January, '19'72, as he had done for the past five previous years. Mr. Powell stated the Tax
Of£ice did not receive the listing for the past year.
Mr. 6Jilliams moved, seconded by Mr. Hall, in view of the notarized letter furnished to
the effect tax abstract was mailed, the la~e~::listing penalty in amount of $22.00 be removed.
Motion carried unanimously. ~
~~~.
MINtTTES OF MEETING, NOVEMBER 20, ~972 - 9:0o A.N. (CONTINUED)
AIRPORT REQUEST FOR USE OF AMOUNT OVER ~200.000 FROM FAA CHECK FOR AIRPORT IMPROVEMENTS -
Mr. Hoss, County Auditor, presented report he had compiled on the status of the Air-
port for the three immediate preceding fiscal years and for the current year through
October 31,'1972. Mr. Ross stated from an overall standpoint the entire Airport operation,
including the FAA Project, shows a deficit of $66,000. The FAA Project alone shows a deficit
of $80,000 orhich means, leaving out the b~AA Project, the Airport did stand on its ovm bottom.
In fact, it produced $'14,000 more in revenue than expended. This does not include the $200,000,
so when this is credited, it will leave the Airport in extremely good financial condition.
There has been no money borrowed from any other funds.
Mr. Harriss pointed out request has been received from the Airport Commission for per-
mission to use excess over $200,000 from FAA check for Airport improvements. It is estimated
by Mr. Westbrook excess over $200,000 will amount to approximately $40,000 to $45,000. The
planned use for this would be for a holding room for security purposes. This would be a metal
building. Mr. Narks reminded the Board when the request ~,ras received, question was asked how
much the Airport had spent in excess of bond money for terminal improvements from County funds.
Mr. Harriss was of the opinion just about the amount of anticipated excess had been spent
and suggested getting list of all terminal improvements since the Bond Issue in order to de-
termine if there will be any surplu.s. After further discussion on vahat has been spent on
terminal improvements, Mr. Marks moved, seconded by Pir. Oxenfeld, the matter be de£erred un-
til additional information is received. Mr. Williams suggested item be placed on A~enda for
Commissioners' Special Meeting to be held on Wednesday, November 22, '1972, at 5:00 P.M.
Vote was called on motion. It carried unanimously.
APPROVAL OF RESOLUTION BY AIRPORT COMMISSION CONCERSTING USE TAX AND APPROPRIATION OF FUNDS
TO INITIATE PROCEDURE - •
Mr. Hall discussed matter oi~ use f'ee Yor enpiaruiing passengers at the New Hanover County
Airport and the necessary funds needed to set up system of collections. Funds could be re-
placed as soon as the program becomes fully operational. Mr. Hall felt it could be replaced
~aithin a u~onth's time. Mr. Hall`stated the Airport Commission had voted unanimously to place
a use fee for passengers enplaning at the New Hanover County Airport. Mr. Hall stated if the
County is going to make any substantial headoaay in the construction of a proper and new ter-
minal and other needed facilities there, the funds are going to have to come from something
besides the small amount per year the Airport is able to stay in the black on by operation.
Mr. Hall pointed out it tiaould take years and years to get the money to do this. Mr. Hall
estimated, based on the n~nmber of passengers enplanin~ now, the use tax would bring in
approximately ~120,000 per year which could be placed in escrow for this particular purpose
for kirport improvement. Mr. Hall stated every means has been exhausted to find out how to
get money to construct a terminal, and it has come to the point where a stand has to be taken.
P1r. Hall stated while he believes the Airport Commission has the authority, as agents of the
Commissioners, to place a use fee on enplaning passengers, it would be well if the Board would
express to the Airport Commission its concurr.ence in the project. Also, at the same time,
appropriate the $3,000, which it will take to put this program into effect. It will be on
a borrowed basis; just as soon as the program does become operational it will be paid back.
Mr. Aall moved that the Board of Commissioners approve the action of the Airport Com-
mission in regard to the placing of a$2 use fee on passengers enplaning at the New Hanover
County kirport. P1r. Harriss requested Mr. Hall to hold motion until the County Attorney
can answer question_concerning authority bf the Airport Comu~ission.
Mr. Fox stated the Commissioners have delegated to the Airport Commission authority
to impose charges for Airport use such as charges for rental of private aircraft tie downs,
rental space, etc., and the same authority authorizes the Airport Commission to impose a
fee on any portion of the airport, and he thought the Airport Commission had the authority
to impose the use fee in question. The Airport Commission is not an Airport Authority; it
is not independent of the Commissioners. It has been delegated authority by the Commissioners,
and the Commissioners have the authority, if necessary, to rescind or to approve whatever
action it takes. The Airport Commission has the authority to impose this use fee. Mr.
Williams pointed out the resolution creating the Commission included a provision that the
Airport Commission would be subject to budgetary control, so this vrould be a part of it,
and suggested Commissioner Hall include in his motion a provision that $3,000 advance
needed come from the revenue generated in the form of interest from the bond money that is
related directly to the Airport. Mr. Harriss stated he questioned connection between using
monies from the interest generated from funds appropriated for terminal construction and
the collection of a tax. Mr. Williams pointed out it was interest, and interest had been
used before for many purposes that were not directly connected.
Mr. Hall's motion now reads: Mr. Hall moved the Board of Commissioners approve the
action of the Airport Commission in regard to the placing of 9~2 use fee on passengers en-
planing at New Hanover County Airport, and the $3,000 advance needed come from the revenue
generated in the form of interest from the bond money that is related directly to the air-
port. Mr. Williams seconded Mr. Hall's motion.
Mr. Harriss raised question of persons traveling on government traveling orders on
government business. Mr. Harriss stated tYiere is some question in his mind how to ~o about
imposing a tax on them without running into trouble. Mr. Harriss pointed out a number of
persons connected with the Marine Corp use this airport in preference to the one at Kinston,
and he felt there oras a possibility of driving some of them to Kinston wherein the County
would not only lose the $2 but would lose volume of traffic which mi~ht affect the flights.
Mr. Harriss also stated there would be a need for a deputy and collector for at least 'IS
hours coverage, seven days a week which would require four men and four collectors. Mr.
Harriss felt it would take 9~50,000 or $60,000 instead of ~3,000, and the largest revenue
he had heard stated is $'120,000. The County, therefore, would not be improving its position
at the rate of $6'120,000 per year.
Mr. Harriss also pointed out Congress has indicated very strongly by passage by both
the Senate and House of a bill which would forbid collection of head taxes, and this was
such a serious matter that Mr. Henrv Boyd of Raleigh asked Mr. Harriss if he would call
and please help them get this bill defeated. The bill was passed but the President pre-
vented its final approval. The President did so on the grovnds that he did. not want to
increase the allocation which would go to Federal Aviation Authority. Mr. Harriss feels
it is almost a certainity the matter will come up this coming year, and if that is the case,
then the County will have made a lot of people angry, and have the rug fulled out from under
them before the year is out. As to construction of a new terminal;,we have a statement from
~~~~INUTES OF MEETIPdG, NOVEMBER 20, ~g~2 - 9:0o A.M. (CONTINUED)
APPROVAL OF RESOZUTION BY AIRPORT COMMISSION CONCERNING USE TAX AND APPROPRIATION OF
~UNDS TO INITIATE PROCEDURE ( CONTINUED) -
the Engineer, who has recommended the construction of a new terminal~,; that he would
suggest waiting to see what the State Regional Airport Study brings forth before making
any plans. Mr. Aarriss stated it seems to him construction of a new terminal could be
handled by the issuance of revenue bonds and paid back by rentals for space in the new termi-
nal.
Mr. Hall asked at tahat rate will the situation be improved if the Commissioners do no-
thing about it. We have made efforts for four solid years to try to get somethin~ done about
the allocation of funds for a terminal building other than those that would be necessAtated
by a bond issue. Mr. Hall pointed out several facilities or departments of the County that
are partially paid for by the people using them. Mr. Hall stated the President vetoed the
bill because he felt allocation of funds has already gone as far as they care to mal~e it go.
Mr. Hall was of the opi~ion the President will veto the bill again, if possible, and he did
not think Congress and Senate would over.ide the veto. Everything has been tried even by
agreeing to let someone have a'100 year lease on an area to be used as the terminal building
in the new place and from that to the construction of a motel in conjunction with the airport
so revenues coming in would help pay for it, but they have not been able to get anyone inter-
ested. Mr. Hall stated he felt the people who use it are the logical source of the funds for
the improvement. Mr, Hall stated Mr. Harriss had sug~ested some possible sources two or three
years ago, but they did not materialize. Mr. Harriss stated at that time the Air Line could
not sign a lease agreement because of economic reasons.
Mr. Oxenfeld stated he had just yesterday had. the experience of payin~ a head tax with
a group of people, and it was a most distasteful experience. Mr. Oxenfeld stated he realized
the many problems for. providing additional.facilities at the Airport, but felt if this were
- a Statewide or Nationwide situatior~ it would be diff•erent. The County is in a resort area
and people come to the area by plane, and Mr. Oxenfe'ld thought it ~aould be a very unfortunate
situation and be ver.y distasteful to many people. Mr, Oxenfeld stated hefhad talked to a number
of people in the area and they are very much opposed to the use fee. Mr. Harriss pointed out
that the implication that only those people using the airport receive any economic benefit is
not true; he felt the whole County benefits from having a good Airport facility.
Mr. Marks raised question of wh.ether anything had been planned for security equipment at
the Airport. Mr. Westbrook stated the program coming up will require fencing the entire air-
port and putting security police out there 24 hours a day. Mr. Westbrook stated persons are
how being checked before boarding planes.
Mr. Ha11 stated no tax is ever going to be popular; there are very few things that you
take action on that is popular. This is not a matter of a popularity contest but something
that is essential if the County is going to get a new airport terminal. Mr. Harriss stated
he oaas not in favor of tal~ng action at this time for the reasons he has stated.
Vote was called on the motion. It carried by three to t~ao. Messrs. Harriss and Oxenfeld
voted "No".
Mr. Harriss asked the record show that his vote was really intended to defer action on
the matter until more information is received. Mr. Oxenfeld stated that was his feeling also.
ADDITIONAL CHAIRS FOR THE COMMISSION ROOM -
Mr. Williams moved, seconded by Mr. Marks, the County Manager be requested to get more
chairs for the Commissioners' Chambers to take care of the increasing number of people attending
the meetings. Motion carried unanimously.
PUBLIC HEARING: REZONING REQUESTS
SPECIAZ USE PERNiIT RF.QUEST
AMENDNLENTS TO COUNTY ZONING ORDINANCE -
Nr. Harriss declared Public Hearing scheduled for 9
Sollowing Rezoning Requests, Special Use Permit Request
Ordinance:
Mr. Mallory presented the followin~:
Rezonin~ Requests:
:30 A.M. open for consideration of the
and Amendments to the County Zoning
'I. '1306 Airlie Road, approximately '1,085 feet iaest of the bridge across the
Intracoastal Waterway on U. S. Hwy. ']4 & 76, on the southeast side of the
road from R-20 (Single Family Residential) to B-'I (Business District) in
Zoning Area ~2.
The Planning Commission recommended the request be approved and property be rezoned. This
is basically the property of the Gulf Terminal that is there. It was the intention of the Plan-
ning Commission in their initial recommendation of the zoning of this area thatthis propert,y be
included in the B-'I Zone, however it had been determined later through an actual description pro--
vided them it is not included.
There were no persons present who wished to be heard.
Mr. Oxenfeld moved, seconded by Mr. Hall, the request be approved as recommended by the
Planning Commission. Motion carried unanimously. (The Ordinance rezoninq this property is contained in
Zoning Ordinance Book I, Section 2, Page 5.J -
2. Southeast corner of Spartan Road and Market Street (U. S. Hwy. 'I']) from
R-'15 (Single Family Residential) to B-2 (Business District) in Zoning Area
#6.
The Planning Commission recommend.s that this area by rezoned. It is adjacent to a B-2
area to the west and I-'I district across 'I'] to the north.
There were no persons present who wished to be heard, however Mr. Mallory stated Dr.
Bellamy did ~rrite a letter to the Planning Comu~ission objecting from the standpoint of a
school. The Planning Commission considered his objection and decided that~the highest and
best use of this property would be for a type of use that the petitioner was asking for and
recommended that the area be rezoned.
Mr. l~lilliams moved, seconded b5~ Mr. Oxenfeld, approval of the request as recommended by
the Planning Commission. Motion carried unanimously. (47xe Ordinance rezoning this property is contained
in Zoning Ordinance Book I, Section 6, Page 6.)
MIN[7TES OF MEETING, NOVEMBER 20, ~972 - 9.00 ~.M. (CONTINUED)
PUBLIC HEARING: REZONING REQUESTS
SPECIAI~ USE PERMIT REQUEST
AMEIv-DEMNTS TO COUNTY ZOPIING ORDINANCE (CONTINUED) -
Hezonin~ Heauests (Continued):
3. Southeast corner of the intersection of Castle Hayne Road (U. S.
Hwy. 'I'I'7) and north 23rd Street from R-~5 (Single Family Residen-
tial) to B-'i (Business District) in Zoning Area #9k.
The Planning Commission recommends that the area be rezoned. It was pointed out there
is a business there now.
There were no persons present who wished. to be heard.
Mr. Oxenfeld moved, seconded by Mr. Marks, that the request be approved as recommended
by the Planning Commission. Motion carried unanimously. (The Ordinance rezoning this property
is contained in Zaning Ordinanee Book I, Section 9A, Page Z.J
Special Use Permit Request:
'I. Application for Special Use Permit to use property at the southeast
corner of King's Grant Road and N. C. Hi~ry. '132 (College Road) for a
church in Zoning Area ~9A.
The Planning Commission recommended issuance of a special use permit subject to the
following conditions:
'i. Proposed structures shown on the plans submitted with application
for Special Use Permit must be relocated in order to comply with
the setback requirements of the Ne~J Hanover County Zonin~ Ordinance.
2. No direct vehicular access to N. C. '132; access shall be from King's
Grant Road.
3. Plans shall be redesioned and submitted to the Planning Department
incorporating the conditions listed above prior to the issuance of
any building permits for this use.
Rev. Guy T. Robinson, Pastor of the Church, spoke requesting variance concernin~ distance
from the boundar,y on each side. He stated the Church had alneady given 30 feet and he felt
50 feet required is excessive to give.
Mr. Fox stated the procedure here would be to obtain a special use permit and. appeal
to the Zoning Board of Adjustments for the variance. The Board of Commissioners has no
authority to grant variances.
No other persons wished to be heard.
Mr. Oxenfeld moved, seconded by PTr. Hall, special use permit be granted as recommended
by the Planning Commission. Motion carried unanimously.
The follovring was not included in items to be heard at this Public Hearing but is a
deferred item from Public Hearing held at the last meeting of the Commissioners and is re-
lated to the next item to be heard today.
Amendment to New Hanover Countv Zonin~ Ordinance (Deferred):
Amend Article V, by adding Section 59.~, Office and Institutional District.
This was de£erred at last meeting when the Board requested the Planning Department
go back and allow single family residential uses as a permitted use within the Office and
Institutional District.
No persons wished to be heard on this amendment.
Mr. Williams moved, seconded by Mr. Hall, approval of the amendment as recommended by
the Planning Commission. Motion carried unanimously.
. Amendment to New Hanover County Zonin~ Ordinance:
Amend Article VIII, Section 8'I-'I b5 adding the following:
Banks and other financial institutions.
One ('I) space for each one hundred ('100) square S'eet of gross
floor area.
Libraries and museums.
One ('i) space for each iour hundred (400) square feet of gr.oss
floor area.
Art and photo studios.
One ('I) space for each four hundred (400) square feet of gross
floor area.
I~ir. ~allory,stated this amendment covers off-street parking for banks and other financial
institutions, etc. These are uses that would be permitted in the Office and Institutional
District that do not have any r,equired off-street parking ratio at this time in the Zoning
Ordinance and these are the recommendations of the Planning Commission.
No persons wished to be heard on this amendment.
Mr. Oxenfeld asked. how this would affect existing facilities. Mr. Mallory stated this
will not affect existing structures. This is for new facilities.
Mr. Oxenfeld moved, seconded by ~r. Williams, adoption o£ this amendment in accordance
vrith the recommendations of the Planning Commission. Plotion carried unanimously.
Al1 items having been considered that were included in the Public Hearing Notice today
having been heard, Public Hearing was closed.
25~
~~~ P'fIN[TTES OF MEETING, NOVEPIBER 20, 'I°r72 - 0:00 A.M. (CONTINUED)
SPECIAI, USE PERMIT RF,QUEST (DEFERRED AT LAST BOARD MEETING) -
Application Por Special Use Yermit to use tl~e property at 333 Long Leaf
Acres Drive (Lot No. '134, Section 4, Long Leaf Acres Subdivision) for a
home occupation (tieauty 'shop) in a R-'15 District in Zoning Area #6.
One of the reasons for defer.ring action on this .request was to allow time to checlc
the deed restrictions. Nr, rox stated deed restrictions are outside of the scope of zoning
in the sense that the Commissioners in zoning property have no authority to enforce or deny
enforcement of restrictions applicable to real property. This would be under Civil Juris-
diction. Th,e restrictions mi~ht be considered by the Commission in ~eneral in zoning pro-
perty, but deed restrictions are not items that are taken into account in zoning. The
Zoning concept has nothing to do with contractural relationships between the person who
grants the property and the grantee. This is entirely betvreen them, and their restrictions
can either be higher and more detailed than the actual zoning regulations applicable to
property, or they may be a great deal less. This would be a matter of action by the neighbors
if they did not agree with the rulings of the Commissioners.
Mr. Mallory stated the Zoning Ordinance allows as a special use within the R-'15 and R-'10
Districts home occupations which are, in the opinion of the Planning Commission in their recom-
mendation of the ordi.nance initially, fully within the enclosure of the home and have very
little, if any effect, on the outside anpearance of the home as far as the nature of the home
occupation.
P1r. rallory stated the Planning Commission recommended approval of this request based on
the following conditions:
'I. Requirements of home occupation as Special Use
Zoning Ordinance
2. No parking in the street right-of-way in front
either residential use or for the use of the h~
3. No one outside of residence be allowed to work
4. No si~n permitted outside structure
5. Subject to plan submitted with the application
as
of
~me
in
fo
listed in_the County
this residence for
occupation
the beauty shop
r Special Use Permit
Mr. Mallory stated the Building Inspector is the enforcing officer should conditions
be violated.
Nr. Mallory stated decision is up to the Board of Commissioners after taking into con-
sideration nature and. location, type of business, what is e~cpected to be the effect on traffic
in the area, et~.
No persons wished to be heard on this request. Mr. Mallory stated the recommendation for
approval by members of the Planning Commission ivas not unanimous.
Mr. Harriss called attention to a petition signed by 50 residents who feel value of thei.r
homes o~ould be reduced by allowing a business enterprise in tb.e community. Even though it was
stated several of the petitioners have stated since they signed the petition they did not ob-
ject to the business after they found out v~hat it was, no calls have been received to remove
their names from the petition.
Mr. Oxenfeld moved, seconded by Mr. Hall, the request for special use permit be denied.,
Motion carried unanimously.
SPECIAL USE PERI`~T RE9UEST (DEFERRED AT T.,AST BOARD MEETING) -
Application for Special Use Permit to use property at erid of Secondary
Road #'1404 at Middle Sound.for expansion of an existing marina in a R-20
District in Zoning Area #3.
Mr. Sutton stated this is not a request for expansion but replacement of existing buildin$s
on the site. At the last meeting there was some question about the use of Oak Avenue. Mr.
Phillips indicated to the Planning Department when he submitted his application this was a private
drive and on his site plan has indicated a road giving access to his structure that would not
use Oak Avenue. Some of the property owners adjacent to this liad question of whether he would
use Oak Dr.ive or not. 41ith the site plan he submitted he t~rould be tied to the access as indicated
thereon.
Mr, Iiarriss stated he had a call from Mr. Winston Broadfoot, who appeared at the last meet-
ing, that he had no objections so long as Oak Avenue is not used commercially.
~ P1r. Hall stated he had checked out the request and found that the same thing is there now
that Mr. Phillips plans to rebuild.
Mr. Richard Mor~an, Attorney representing Dr. and Mrs. Blanton, who live across from this
property on Oak Avenue stated it was suggested at the Board's last meeting conference be held
to determine if this matter could be resolved. Conference was held, and a~reement i~ras pre-
pared on basis if Mr. Phillips would agree not to use Oak Avenue, Dr, and Mrs. Blantori and
Mr. and P1rs. Walker would also withdraw their objections. Mr. Plorgan pointed out property
is not o~,~ned by petitioner, Mr. Phillips, but by Mr. Canada9. Mr. Phillips has only a con-
tract. Mr. and Mrs. Phillips signed the contract but Mr. Canaday has not and Mr. Phillips
will not get his signature. Agreement is meaningless without signature of owner of property
and on behalf of the Blantons he aslzed the petition be denied. Mr. Morgan stated this business
is not compatible with this residential area.
Mr. Mason, former owner of the marina, was present and stated he operated the marina for
about 25 years and he was opposed to Oak Avenue being opened when the property owners were
given permission to close,.it in ~957 or '1958 because it had become a public nuisance.
Mr. Harriss asked Mr. ~allory if special use permit can be issued with condition Oak
Avenue not be opened. Mr. Mallory stated this could be done.
MINUTES OF MEETIIvG, NOVEMBER 20, ~972 - 9~0o A.M. (CONTINUED)
2~:~
SPECIAL USE PERMIT REQUEST (DEFr:ttet~,D AT LAST BOARD MEETING) (CONTINUED) -
Mr. Phillips stated neighbors are not opposed. to business but there is a misunderstanding
about the opening of Oak Avenue. Mr. Phillips stated he did not ask Mr. Canaday to sign a~ree-
ment because Mr. Canaday owns a home there which gives him a personal and private right to use
Oak Avenue. Pir. Phillips stated agreement was drawn which meant if Mr. Canaday signed it, he
would be relinquishing his personal rights, not pertaining to property in question. Mr. Canaday
would have been giving up forever his personal and private rights to use Oak Avenue, and Nir.
Stevens was informed of this feeling. Mr. Stevens agreed and stated he would put an exemption
for Mr. Canaday's personal and private rights. Mr. Phillips stated Mr. Stevens led him to be-
lieve it was settled and that they were agreeing forever:not to use or place any object any-
t~here on Oak Avenue. Mr. Phillips stated parties did sign agreement with exception of Mr. Canaday.
Mr. Jack Walker spoke in opposition in access road Mr. Phillips plans to construct. Nrs.
Blanton spoke in opposition to the request.
Mr. Hall moved, seconded by Nr. Oxenfeld, request be granted provided no access for com-
mercial activities from this property be permitted te, from or on Oak Avenue, and all other
conditions recommended by the Planning Commission be met. Motion carried unanimously.
Mr. Morgan again requested special use permit request be denied, because he felt it was
inevitable Oak Avenue will be used commercially in the future if permit is granted.
At the evening session of the County Commissioners' meeting Mr. Mallory stated since the
morning session of ineeting, he has added tenth restriction on the special use permit for marina
on Secondary Road 'I404 to read: "No access for commercial activities from this property vrill
be permitted to or from Oak Avenue." P1r. Harriss stated he thought it should read: "No access
for commercial activities £rom this property will be permitted to, from or on Oak Avenue." Mr.
Mallory made the change.
Meeting recessed at 'I'1:20 A.M.
Meeting reconvened at 'I'1:30 A.M.
PRESENTATION OF GOVERNMENTAL COMPLEX LOCATION STUDY -
Mr. Jim Griffin, of Eric Hill Associates, Ine., made presentation of Governmental Complex
6tudy.
Mr. Griffin's firm was requested to make a stud,y of potential sites for location of a
combined City-County complex in Wilmin~ton and to evaluate those sites with recommendations as
to what they felt would be most appropriate location for this kind of facility.
Five sites were looked at, one across from Timme Plaza, one on northern edge of downtown
area, one at the present site, another to the west o£ present site close to the downtown
area, and the final site being the south site located immediately south of Market Street
bordering the river.
Future needs of the various departments that are to be located in the complex were
studied with the help of the Planning Department. Estimate of parking needs was also taken
into consideration.
Nr. Griffin outlined the study fully, giving different types of buildings that would be
feasible on the different sites.
Mr. Harriss thanked Mr. Griffin for a very succinct and rapid presentation of a very in-
volved subject. '
Mr. Oxenfeld moved, seconded by ~r. Hall, that the report be received for study. Motion
carried unanimously.
REZONING OF CAPE FEAR HOSPITAL PROPERTY -
Mr. Bill Hill, Attorney, for Cape Fear Hospital, spoke saying hospital property is now
zoned R-'15 and Nr. Hill gesented petition for rezoning. Mr. Hill stated there is a time
problem; a doctor is comin~ in during first week of December. The hospital is trying to move
some buildings around but cannot get a building permi.t. Mr. Hill requested rezoning of hospital
from R-'15 to new Institutional Zonin~ District as a hospital and clinic, so that building can
be moved and converted to office.
P1r. Mallory stated public hearing wou.ld have to be held, and since application has been
presented today, it can go before the Planning Commission on December 6, and without a special
meeting of the County Commissioners public hearing vrould have to be held at first meeting in
Januar.y.
Mr. Hill questioned need £or procedure being followed to obtain rezoning. Mr. Fox stated
it was necessary.
Mr. Williams moved, seconded by Mr. Hall, Public Hearing be held on this matter, December
7, '19`72, at 9~00 A.N. at a Special Meeting of the County Commissioners. Motion carried unani-
mously.
CONTOUR MAPPING FOR THE COUNTY -
Mr. Bowden introduced Mr. Mel Trumble who introduced Mr. G1enn Summerfelt who is with
Chicago Aerial Surveys, an affiliate of Cole-Layer-Trumble Company. Mr. Bowden stated the
County has almost completed the chain that the County needs to progress with a comprehensive
drainage plan, water and sewerage, land use planning and many other things, The Board is
constantly hearing Mr. Nallory talk about the need for tax maps and with relation to tax maps
there is one step the County needs to go further, and that is projection of contour mapping
for the County. Drainage cannot be improved in the County nor installztion of water and sevrer-
age without the presence of contour maps.
Mr. Trumble stated the contract which has been signed between Cole-Layer-Trumble and
New Hanover County is a rather complete contract in itself. In the area of mapping are time
effort base maps as a base on which the tax mappin~ would be accomplished and, o£ course, as
a part of time effort base mapping are some rather sophisticated methods of research involved
where the job has to be accurately laid out so it will be up to national map accuracy standards.
This provides £or a good base manuscript on which to work whether one will get into tax mapping_;
topo mapping or any mapping for countywide use. Discussion was held on how this mapping could
include topography maps at the best possible price to the County with a most comolete use possible
~~`~PTINUTES OF MEETING, NOVIltBER 20~ ~972 - 9:0o A.M. (CONTINUED)
CONTOUR PIAPFING FOR THE COUNTY (CONTINUED) -
of the information county will receive as a part of the tax mapping contract. The proposal
calls £or an additional expenditure of $'I'10,000 and calls for the addition to the tax mapping
contract of a separate contract which will include items Ntr. Summerfelt described.
Mr. Summerfelt stated they are offering something for about 88 cents per acre which iaould
normally cost approximately $5 per acre. The9 are proposing a toro foot contour map with two
overlays, one a photograph and the second a reduction of the tax map.
Mr. Jack Stock, Surveyor, stated surveyors are in great need of such maps and suggested
maps should be checked for accuracy at time of delivery. Mr. Summerfelt stated they ~uarantee
accuracy. He stated they will check it or they can be told vahere to check it, and ground
checks will be run. ~
Mr. John Jones, City PTanager, felt contour mappin~ will be invaluable to the City and
County for water ann sewer extensions, drainage surveys and particularly in the implementa-
tion o£ the Wilmington-New Hanover Thoroughfare Plan.
Mr. Robert Coleman, City Engineer, stated contour mapping is essential to any orderly plan-
ning and development of the County.
Mr. Warren Stiles, Consulting Engineer, ldri~htsville Beach, spoke with regards to accuracy
of maps saying they are not worth anything unless they are accurate.
A representative from theC_or~s of En~ineers spoke as to the usefulness of contour maps.
They rrill be helpful in flood control studies conducted by them.
Mr. Oxenfeld asked when maps will be completed. rlr. Summerfelt stated tax maps will be
last thing obtained. InSormation will be available in preliminary form by end of '19'73 and
finalized. in another six months.
Nr. Hall asked the representative from the Corps of Engineers whether contour mapping
will be a duplication or whether it will be a bona fide document in their work. It will be
used, if available, as a springboard in its basic £orm and relieve them of'getting additional
information. Also, it will be more comprehensive and more detailed.than anythin~ theq could
conceivably get.
Mr. Harriss suggested it could provide a base for requests for federal funds for various
projects orhich would be concerned with topograph,y. Representative from the Corps of Engineers
stated they would see it as a basi~ tool on any Water Resources proposed development.
Mr. Harriss pointed out this will greatly help in land use planning.
PZr. Hovaard Loughlin, Surveyor, stressed need for accuracy o£ maps. Mr. Summerfelt stated
maps are guaranteed; if anything is found to be wrong, they will correct them free of charge.
Nr. Trumble pointed out contract already signed has rather stringent checkin~ requirements
including a visit to their facilities during base mapping stages, and he felt it would be reason-
able to expect a similar type check, and this could be provided for in the second contract.
Mr. Oxenfeld oaas o~ the opinion it is something that has to be done. Mr. Marks raised
question of availabilty of funds at this time. The County Manager suggested he be authorized
to proceed with negotiations of contract, and by the time details are worked out the County will
have received revenue sharing funds and cost can be taken from these funds.
Mr. PZarks moved, seconded by Mr. Hall, the County Manager be instructed to negotiate and
execute the contract for this:service, stressing the guarantee of accuracy and schedule of
payment. Motion carried unanimously.
LAIIDFILL CONTRACT -
P1r. Jack Webb, Town Manager, Carolina Beach; Mr. Iiugh Perry, Clerk-Treasurer, Wrightsville
Beach; Representative Prom Kure Beach; and Mr. Lonnie Poole, Waste Tndustries and Mr. John Jones,
City Manager of Wilmington were present for discussi.on.
Mr. Poole stated Waste Industries have two requests and vaould like to report pro~ress made
to~aard seeking out and getting a site for a sanitary landfill in New Hanover County per contract
dated June 2'7, '1972. Mr. Poole stated they had looked at more than 30 tracts of land that had a
"reasonable chance o£ q_ualifying for sanitary landfill. This was narrowed down to three sites
which have been inspected by County representatives. They can be referred to for discussion
purposes as the 42'I Site, Monkey Junction Site and Airport Site. It was difficult to find land
available or both available and satisfactory for a landfill site in the Monkey Junction area.
Mr. Poole stated ~hey had t~n~atively assumed a possible site that exists though it is not 'IOCPi'o
certain it would be available or gualify. A site near the Airport was found which offers an
ideal situation for both Wilmington and Wrightsville Beach, but it is beyond the 25-mile round
trip haul clistance as was spelled out in their contract. From this they did a per ton mile haul
study on the refuse that exist in the County to determine o~hat the over-all hauling cost of
garbage ~aould be to the County. This 4aas arrived at by simply multiplying the number of tons
generated in various areas times the number of haul miles that would be necessary based on where
you locate the site. Mr. Harriss pointed out proposed sites on a map.
Mr. Poole stated site at Airport is centrally located in the County and based on analysis
which was made to determine what overall hzuling cost would be for the three sites, it came out
in annual ton miles hauls as follows:
PTonkey Junction Site, which tiaould meet the 25-mile round trip haul distance, came out at
443,500 ton miles hauled; Airport Site 'I84,~00 and 42'I Site 23'7,500 ton miles. In terms of
money it t-rould not be unrealistic to put a'10 cents rate on the ton miles hauled, or a 5 cents
rate or orhatever.
Mr. Poole stated Airport Site is the best site for the County, and in terms of sayings
for miles hauled they see something in the neighborhood o£ $30,000 to $50,000 that can be saved
by locating site there as opposed to the MonY.ey Junction area. Mr. Poole has option on property,
has had it inspected by the North Carolina State Health Department, oJho have given approval to
proceed. Mr. Poole stated the "hang-up" at this point is the site is in violation of the 25-
mile r.ound trip haul distance from Carolina and xure Beaches. Mr. Poole requested the 25-mile
round trip provision be waived and the site be secured so they can proceed with getting engi-
neering plans and necessary approval to operate a landfill in and. around the airport.
MINUTES OF MEETING, NOVEMBER 20, ~972 - 9~0o a.M. (COIvTINUED)
LANDFILZ CONTRACT (CONTINUED) -
Mr. Harriss asked Mr. Poole for estimates of additional costs to Carolina and Kure
Beaches of Airport Site over Monkey Junction Site. Mr. Poole stated he preferred the
Commissioners hear from the beaches. Mr. Poole stated he thought the ad.ditional hauls
would be in the neighborhood of $320 per month which would be approximately $4,000 to
~5,000 additional per year. It was pointed ovt Monkey Junction would not be within the
25-mile round trip from Castle Hayne. Mr. Poole gave the miles (one-way) from [dilmington
and the beaches to the three proposecl sites.
~a c~:~
P1r. Jack Webb, Town Manager, Carolina Beach, stated the beaches met this morning but
were not,able to come up with anything de£inite. t~epresentatives from the City of Wilmington
Wrightsville, Carolina, and Kure Beaches, the County, Health Department, and Mr. Poole at-
tended meeting. An attempt was made to reach a satisfactory conclusion on what can be done
tivithin the bounds of the existing contract and something that would be satisfactory to all
concerned.
The major points brought out by Carolina Beach were the time spent in designing the
contract bet~aeen the County and 4laste Industries and which was executed by the County. All
the cities and towns and the County spent many hours trying to get something that all could
live with. The Beach communities consistently held to the '12yz mile one-way distance because
they felt traveling a greater distance would curtail the operations they have within the City
limits at this time. Secondly, the equipment they have would, at the present time, not be able
to withstand the heavy pressure to drive]ong distances, so the beaches were successful with .
Mr. Bowden to get the contract dr.awn in such a way that the cities and towns would not be re-
quired to go beyond '12~z miles. The contract reads that either the contractor have a Sanitar,y
Zandfill r~hich is no greater than 25 miles round trip to all cities and towns in the County or
that he provide a transfer station for pick-up at some mutual point being less than, nor no
greater than 25 miles. Also, the contractor charge 35 cents per cubic yard to all users within
the cities. The cities involved here are Carolina and Kure Beaches. Wrightsville Beach is
something like '14 miles per round trip per haul which is 'I'I miles under the maximum requirement, ,
so 4lrightsville Beach is not affected in the haul distance, but Mr. Webb stated eventually they
would be affected by virtue of a cost increase.
P1r. Webb stated they feel Mr, Poole of Waste Industries has entered into the contract full
versed on the fact that the contract said certain things, and it is necessary he meet the re-
quirements, and to show faith with that he has placed with the County a$25,000 Performance
Bond which says he will do that. In the general plan of operation he states that transfer
stations are not required, this is not part of a contract. This is an assumption on Mr. Poole's
part, and they have gotten to the point today to show that transfer stations are required. Mr.
Poole is asking that a change be r~ade in the distance reqizirement and change in the 35 cents per
cubic yard charge. There is a disagreement as to his statement and the Carol'ina Beach Statement
as to what the total mileage is to th2 Airport Site. Carolina Beach estimates 2'I~/z miles from
Carolina Beach which is a total of 43 miles round trip or something like 50 miles for Kure Beach.
Mr. Webb pointed out time involved for truck from Carolina Beach to make trip. Two and sometimes
three trips are made to the landfill per day in the winter time. Three trips per day in the
winter will take up all the time for the trucY running back and forth to torm. In the summer
time as many as seven trips are made on a heavy day like July 4 and 5 which it will be virtually
impossible to meet during the summer seasons with the requirements to meet at home. It wi11 be
necessary to purchase additional equipment to meet what Mr. Poole is asking the Commissioners to
charge. The beaches do not feel they can do this because of the e~rpense involved. For these
reasons the beaches £eel that 25 mile round trip is as much as they can feasibly stand. The
beaches feel the contract should be folloored. There were three alternatives written down.
The alternatives'have since been discussed with the elected officials in the two towns,
Carolina and Kure Beaches. They feel these alterraatives should be followed. In consideration
of the change requested by PTr. Poole, these pointa should be considered by the County Board.
Should the County Board vary from the contract causing at least two of the beach communities
to be burdened and put into a hardship financially and put them into a position where they
cannot meet the obligations that they have for their local ta~;payers? Should the contractor
be allowed to bid one price and execute a contract and come back six months later and ask for
a change; would not the other bidders that lost in this bidding process disagree with this tacit.
The three alternatives that were discussed in a meeting this morning are as follows:
'i. Waste Industries locate the necessary equipment for a transfer station
on a site possibly to be provided by the Town of Carolina Beach or within
the '12y~z mile distance.
2. To continue operation of the existing landfill in addition to the new one
until a transfer station can be installed.
3. The towns of Carolina Beach and Kure Beach haul to the proposed landfill
at 96'i.'10 per load until transfer station can be installed; namely no later
than May 'I, '1~73.
Mr. Webb stated in the case of Carolina Beach to be permitted to haul £or $'I.'10 per
load would mean a difference of $4.40 per dumping load. This is a credit the contractor
would be giving to the two towns involved, if they dumped.
The two towns involved wish the contract terms be carried out and not changed. If no~t,
alternatives 'I and 2 be carried out. Alternative No. 3 is not satisfactory to the officials
of the tbwns present.
The beaches requested Mr. Poole's requesis not be approved.
Mr. Williams asked cost of a trans£er station. Mr. Poole stated it would cost approximately
9b25,000 includin~ disposal cost, that is the fixed ~uipment, fixed investment and the haulin~ of
trash which would be from downtown Carolina Beach to the landfill.
Another question asked by Mr. Williams was addressed to Mr. Webb asking how many trucks
Carolina Beach would have to add if he had to go to a transfer station '12~z miles away, 25-
mile round trip. Mr. Webb stated they could operate with the number of vehicles they have for
the '12~ miles or 25 mile round trip.
Mr. Williams stated question of changin~ contract had been mentioned, and he recalled a
provision for changing the contract.
~~ v MINUTES OF MEETING, NOVEPIBER 20, ~972 - 9~0o A.PT. (COIQTINUED)
T,ANTIFIZL CONTRACT (CONTIN[TED) -
Mr. Bowden stated renegotiations with the municipalities'would begin in March. Mr.
Harriss pointed out actually contract is between the County and Waste Industries, Inc.
It was agreed certain char~es would be charged the municipalities based on the '12~fz mile
radius. •
Discussion was held on rrhat the difference would be in cost to Carolina Beach to the
proposed Airport Site, which is 34 miles round-trip, and the 25-mile round trip proposed in
the contract. No one present at the meeting had the figure. Mr. Webb stated in a meeting
Friday Mr. Coleman, City of Wilmington, made the point from the standpoint of operation a
piece of equipment of this type would cost 25 cents per mile. Based on this 34-mile round
trip to proposed Airport Site Urould be $8.50 and 25 mile round trip proposed would cost
$6.25 or ~2.25 difference per trip. In the winter Carolina Beach makes three trips a d.ay
and in the summer as many as five or six.
Mr. Williams raised the question: If the municipalities further away are given considera-
tion ior this reason, should not the municipalities nearer be willing to pay a little more than
they had anticipated?
Mr. Oxenfeld inquired as to the acreage on the tvao sites. The proposed Monkey Junction
Site consists of '75 acres and the proposed Airport Aite '108 acres. Mr. Poole stated the Monkey
Junction Site has a very high vaater table and the owner has been talking price which almost makes
it prohibitive to purchase. Mr. Poole stated the 'I08 acre site should last between nine and ten
' years.
Mr. tdilliams stated he would like to see matter settled today; the fact that it took several
weeks longer for the ne~otiation among the municipalities than the County anticipated did not
help any., Mr. Poole stated he figured it would cost Carolina Beach an additional $400 per month
and Kure Beach Y6'I~0 based on additional 20-mile round trip for Carolina Beach and additional 25-
mile round trip from Kure Beach. Mr. Harriss stated if the County could subsidize Carolina and
Kure Beaches on the basis oY $2.25 per trip with three trips per day in the winter and six per
day during the summer, he would ieel it vaas worthwhile. P'1r. Williams said he was not a$reeable
to this.
Mr. Canoutas, Attorney, spoke saying it was going to cost Carolina Beach a total of $33,392•~2".
Tbis is for a compactor at a cost of ~6'I`],'192.~2. This does not include cost of depreciation. Two
extra men will cost $'I'I,000. Repairs will amount to 20°~ or $3200,'plus gasoline for extra milea~e
$'I800.
Mr. Harriss stated Carolina Beach could not attribute purchasing a compactor bv location o£
proposed site, since they are going to need it anyway. Pir. Canoutas stated Carolina Beach would
have to have different equipment due to large haul.
Mr. John Jones, City Manager, Wilmington, spoke saying the municipalities joined with the
County in tryin~ to $et franchise. The franchise was written so it would call for all municipalities
to receive the minimum rate available to bulk h~ulers. It ~-ras accepted at 35 cents per cubic yard.
This would be true for all £our municipalities regardless of the location as long as it met the '12y~z
mile ratio from each municipality. There is no doubt it will be of benefit to Wilmington and
Wrightsville Beach for the landfill to be located closer to these municipalities. Mr. Jones
suggested the followin~ alternatives:
'i. To void the f•ranchise
2. To satisfy franchise by locating within the '12y~ v~ile r.adius
~
3. If the franchise specifications cannot be met, then it seems to be up to Mr. Poole,
until the time for rene~otiation of the contract is here, which is March 'I, '19']3,
effective July 'I, '19'73, to sa~tisfy the two beaches that fall outside the franchise
specifications. If he can satisfy them for the time between now and the rene~otiated
price per yard, it would seem that a renegotiated price vaould take into consideration
distance beti~reen the center o£ Wilmington and center of the other municipalities in
reaching a fair renegotiated price. P1r. Jones stated he did not feel since the
municipalities came together as one body and encouraged the County to enter the
£ranchise that Carolina and Kure Beaches should be penalized to the benefit of the
citizens of Wilmington.
Mr. Poole stated he had option on proposed site and he would either have to renew option by
December 6, or purchase property by January 6. He is spending money on topographic maps, drilling
and te~ting, hiring an engineer to go out and sta"rt design. He stated they either had to buy site
or start lookin~ process all over again. He stated this is best site that a 90-day search has
turned up.
Mr. Harriss suggested Mr. Bowden, Mr, Fox and the others present today have intensive dis-
cussions and come before the new Board oS Commissioner.s on December 4th.
Nir, Williams suggested they may be able to do this before the Special Meeting on Wednesday;
Evening on November 22nd, and come before the present Board then. Nr. Williams stated he would
not like to see this matter come before a new Board who nas riot had the opportunity to study it
as long as this Board, although in a sense he ~•;ou1d like £or them to have the responsibility.
Mr. Harriss stated if they could come up with anything before December 4th, he would be
~lad to call a special meeting.
P1r. Poole and his sta££, along with the County Engineer, appeared at the evening session
of the County Commissioners' neeting after having met with representatives of Wrightsville,
Carolina and kure Beaches for discussion of the landfill contract with the County.
Mr. Epling stated Mr. Poole plans to begin operation at the Airport Site March 'I, ~9~3, and
begin operation of the transfer station no later than Piay 'I, ~9~3, and a reduction in fee from
$5.60 per load to $'I.'IO ner.load until the trans£er station is operational. The beaches were
agreeable to this.
_ :Mr::.47illiams .mo~ed;._seooncled_by Mr~ OXer,tfeld, .approual: of 'the renegotiatea portion. aS s~ated,
and the County Attorney- be reouested to reph~ase portion of contracl; that needs rephrasing in
order for it to be properly signed by all parties as soon as possible. Motion carried unanimously.
Mr. Harriss commended all of the gentlemen involved for coming throu~h with contract satisfactory
to all concerned.
MINUTES OF MEETING, NOVEPiBER 20, '19'J2 -°:00 A.M. (CONTINUED)
~ ~:~
LANDFII,L COIdTRACT (CONTINUED) -
Mr. Oxenfeld m,oved, seconded by Mr. Hall, the Airport Site proposed by Mr. Poole be approved
for a County Sanitary Landfill. Motion carried unanimously.
Mr. Poole stated this will be the first transfer station in North Carolina.
DISCUSSION BUILDING HYPERBARIC COMPI,EX -
Mr. Harriss stated discussion was had at last meeting to build an of£ice building at a
cost of $5,000 adjacent to the Wrightsville Bio-Medical Human Hyperbaric Complex where the
Chamber, donated by Duke University, is located. The property has been deeded to the University
of North Carolina and is wholly owned by them. Mr. Fox stated the appropriation will be made
to the University of North Carolina at 4Tilmington which would be for a public purpose and would
have to come £rom non-tax funds.
Mr. Hall moved, seconded by Mr. Williams, appropriation in amount o£ $5,000 be made to the
University of North,Carolina-Wilmington, for the purpose of erecting ofiice building on the
Bio-Medical Laboratory Site, funds to come from non-tax revenue. Motion carried unanimously.
Meeting recessed until ']:00 P.T•1.
NiEETING RECONUENED -
Meeting reconvened at ']:00 P.M. 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 Manager Laurence 0. Bowden, and Eazel Savage, Clerk to the Board,
INUOCATION -
Chairman Harriss called the meeting to order and asked Vice-Chairman Williams to give
the invocatione
APPROPRIATION Ta COUNCIL OF ARTS -
Mr. Nick Evers, Director of Council of Arts, and Mr. Robert Mack, President of the
Council, were present.
. Mr. Harriss stated the Board was in receipt of report from Nr. Ross to the effect there
is non-tax money avai.lable for the Council of Arts from an excess of revenue over the budgeted
amount.
Mr. Harriss stated he felt everyone knew much of Vihat the Council of Arts does has to be
subsidized; it cannot possibly earn its way, however, the Commissioners would like to know what
revenue comes in and how it is applied.
Mr. Piack spoke saying they have been strenuous in keeping account of finances. He out-
lined their programs and their system o£ records.
Mr. Marks stated he would like to see total financial picture, including in-kind appro-
priations, before making a decision on this r.equest.
Mr. Evers stated he could not say in dollars and cents how much in-kind appropriations
has been received from the City. He outlined things that had been done by the City to the
amphitheater. Mr. Evers outlined costs to the Council of Arts for the entertainment put on.
He stated the County had appropriated $6,000, memberships amounted to ~200, donors and sponsors
3~450, and State Arts Council $6,000. Mr. Evers stated most of the $'I,000 appropriated by the
County two weeks ago has been spent for entertainment.
Mr. Evers stated about $2500 they spent this year would be one-time e~;penditure for
Capital Outlay. Mr. Evers stated the County Auditor's records will show what the County
money has been spent for.
Mr. Williams suggested that any appropriation the County.makes here on out be subject
to a similar cash appropriation £rom the City of Wilmington. I£ there is a charge for the
facilities and City labor, money be used appropriated by the County and City and other revenues
they may have, so records can be kept. In-kind contributions can become rather hazy.
Mr. Mack and Mr. Evers stated the5 will furnish complete financial report January 'Ist,
to the Commissioners. Mr. MarY,s suggested the County be furnished interivm report at the
end of the Count~>'s fiscal year.
Mr. Marks suggested the County ma~e an interium appropriation, subject to determina-
tion of what the City does.
Mr. Harriss stated he did not want to cause these gentlemen to have to come back and
back £or a handout. Mr. Harriss felt objections are petty.
Mr. Harriss v~oved, seconded by Mr. Oxenfeld, that the County appropriate $9,000 from
non-tax revenues, subject to like sum by the City of $'10,000 which would match County's
contribution of $9,000 today and the 9~'I,000 on November 6th, or providing services which
will be billed to the Council of Arts on basis of an itemized cost basis. Also, subject
to satisfactory statement of expenditures and income for the first six months of operation
with subsequent reports to be made at semi-annual intervals. Motion carried unanimously.
Mr. Harriss suggested since thev were chartered March 28th of this year, they make iinan-
cial report up to November 'Ist and then on Dec. 3'Ist bringing it up to date for first calendar
year and then on each January 'ist and July 'ist the Count~ be furnished financial statements.
Mr. Evers stated this appropriation will run them until July 3'I, ~973•
Vote was called on motion. It carried unanimously.
SPECIAZ USE PERNiIT REQUEST SDEFERRED AT LAST NiEETING) -
Application ior special use Permit to use property at 5627 Oleander Drive
for a field construction office in a B-2.(Business District) in Zoning Area
No. 9B,
Nr. Mallory presented above request ~~ahich was de£erred at last meeting in order to have
petitioner present for discussion.
2~~ MINUTES OF MEETING, NOVEMBER 20, '19~2 -°:00 A.M. (CONTINiTED)
SPECIAL USE Fr~xriiT REQ.UEST (DEFERRED AT LAST MEETING) -
Mr. Jasper Marion appeared stating construction office of headquarters was constructed
on this site to be used while his firm is doing oaork for CP&L. They will be in the area un-
til last of February or first of March when job will be completed.
Nr. Marion stated where the construction office is located is not the construction site.
The line they are working on is nine miles long; from 4dinter Paric Substation to l~]rightsville
Beach Substation, however the line crasses the site on which office is located.
Mr. Williams moved, seconded by Mr. Hall, the special use permit be granted to extend
through April 'i, 'i972, at which time everything on the site will be removed. Motion carried
unanimously.
REZONING FOR GODWIN OIL COMPANY - MARKET STREET ROAD -
Mr. Mallory stated on August '14th the Board of Conmissioners approved rezoning on Market
Street, just beyond Bayshore Estates, for petitioner Godwin Oil Compan9. Ordinance was not
signed at that time because Mr. Godwin had not provided the Planning Department a property descrip-
tion of this piece of property. It has now been received and ordinance is now in order for signa-
ture to make rezoning official.
Mr, Harriss requested records shoVa conditions stipulated on August '14th in the matter of re-
zoning property on Market Street Road, U. ,S. '17, north of Bayshore Drive across from Green View
Drive, have been met, and by common consent the matter is given full approval.
THOROUGHFARE PLAN -
Mr. Mallory stated the Planning Commission had a meeting with Mr. Hugh Ragsdale and P4r.
Jim Medlin of the State HighF~ay Commission on the City Thoroughfare Plan and about raods in
general in the Cit;~. One o£ the highest priorities that the Thoroughfare Consultant recommended,
and that the City and Plan.ning Commission are interested in, is what has been called the Smith
Creek Thoroughfare which will rvn from Highwa5r ~4 loopin~ northwardly across '17, turnin~ west-
wardly across '132 Kerr Avenue, 23rd Street and tying into 'I'17 near the old bridge with a spur
coming down into the downtooan area. Mr. Mallory stated, to get the projection off the ground
Mr. Ragsdale su6gested a letter from the two local gover.nment bodies addressed to him requesting
planning £unds. He would then make a request to the State Highway Commission. The Planning
Commission and Technical Coordinating Committee, which i.s a committee set up to coordinate the
thoroughfare plan, has recommended to the City Council and the County Commissioners that each
governing bod~- sent such a letter to Commission Ragsdale. This letter is in the process of
being drafted by the City Traffic En;ineer because there was other information that the Commissioner
wanted due to the fact the Cit~r has already obtained certain rights-of'-way in the area for this
facility, and it is felt this will be the major responsibility once the construction level is
gotten. The actual construction would be by the State. Mr. Nallory requested the Board to authorize
the Chairman to sign such a letter to Commissioner Ragsdale requesting he request funds for the
planning of this facility, so the actual location of the rights-of-wa5= can be located on the ground
speci£ica115. Mr. Harriss stated it was his observation the sooner action is taken the better.
Mr. Williams moved, seconded by Mr. Oxenfeld, the Chairman be autho.rized and requested to
write such a letter on behalf of the County. Motion carried unanimously.
1~QUEST TO REBUILD RESIDENCE AND BUSINESS IAST BY FIRE ON MARKET STREET ROAD IN A B-2 ZONE -
Mr. Mallory introd.uced Mr. Jason ~arks. whoee home was destroyed by fire this past week-
end. Mrs. Plarks operated a business in the home (Palm Readin~). The home was iri a B-2 Zone.
Question is whether or not they can rebuild. this facility. The residence and business were
both non-conforming; the residence because it was in a business zone and the business because
it was not listed as one of the permitted types of businesses. The Zoning Ordinance does allow
residential structures that are non-cor_forming to be reconstructed and so far as the dwelling
unit is concerned they can replace this. The ordinance says for other non-conforming uses that
are destroyed by any means to an extent of more than 80'~ of its replacement cost at time of destruc-
tion, such building may not be restored for any non-conforming use unless approved by the County
Commissioners.
Mr. Hall moved, seconded by Nr. Marks, request be granted and they be permitted to rebuild
on their present site. Motion carried unanimously.
JAYCEES' REQUEST - PERMISSION USE OF i3EMENWAY HAI,L PROPERTY FOR MINI-PARK -
Mr. Bo~-rden stated. he placed this item on the agenda to clarify County's position and in the
future to steer people in the right direction. P1r. Bowden asked. if it would. be proper to acknow-
ledge requests such as this and send them on to the Board of Education. Mr. Harriss stated. this
is an administrative matter. The Board of Education o~ans all school property, therefore has
jurisd.iction over its use.
P1r. Harriss stated at a meeting of the Human Relations a black gentlemen stated setting up
big parks served only a limited purpose because most the neighborhood people wanted their children
where they could go get them; they wanted to keep some supervision over them; they felt Mini-
Parks were mor.e preferable and less expensive than large parks. .
Mr. Harriss suggested Mr. Bowden pass this request on to the ,School Board, and anyone who
has thoughts on the matter- could acquaint any member of the School Board and Dr. Bellamy with
their ~Lhinking.
Mr. 4lilliams stated the Council of Governments Review Committee has reviewed applications
for funds for at least two or three P1ini-Parks in this four CountS area in the last two years.
They ar.e being used in various munici~alities around us and are serving a very worthwhile purpose.
Nr. 4Jilliams stated it might be a community playground, and it might be we11 to ask the Board
of Education to use this as a pilot project.
RESULTS OF EI~ECTION ON CAPE FEAR TECHIV~ICAL INSTITUTE BOND ISSUE -
The Clerk presented the returns showing the result of the voting on the proposed bond
issue. Mr. H. A. Mark~ noved the adoption of the resolution declaring passage of bond issue.
Mr. Oxenfeld seconded the motion and motion carried unanimously. Mr. Harriss moved certifi-
cation be made in statement of results of election and Mr. Hall seconded the motion tahich
carried unanimously. Following is the Resolution and Certification:
"H. A. Marks moved the adoption of the following resolutions:
"WI3EREAS, the Registrars and Judges of Election appointed to hold the election
held in the County of New Hanover on November ~, '1~72, have held said election and have
MIDIUTES OF P~ETING, IJOVEMBER 20, ~97~ - 9:0o A.M. (CONTINUED)
RESULTS OF ELECTION ON CAPE FEAR TECHNZCAI, INSTITUTE BOI~D ISSUE (CONTINUED) -
made returns showing the result of the voting on the proposition to approve
the bond order authorizing $3,6'75,000 Technical Institute Bonds adopted on
September 'I8, 'i972, and the Board of Commissioners has considered said re-
turns and has duly canvassed the returns and ascertained the result of said
election, and
"WFIEREAS, it appears from said returns that the polls f'or said election
were opened on November 7, '1972, in each precinct, at the polling place prescribed
therefor, at the hour of 6:30 o'clock, A.M., and were continuously kept open until
~:30 o'clock, P.M., and that the voters voting at said election rrere required. to
use ballots in the forms prescribed for said election by the resolution adopted
by the Board of Commissioners on September '18, 'I°r72, and
"wt~,xr.AS, ;said returns show that said election was held in every voting
precinct in said Count;~, and that the total number of voters who were registered
and qualified to vote at said election in said voting precincts and the total
number of votes cast for the proposition submitted at said election in said pre-
cincts, and the total number of votes cast against such proposition in such pre-
cincts were as hereinafter stated:
"NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County
of New Hanover as follows:
'I. It is hereby determined and declared that the number of voters registered
and qualified to vote~at said election was 40,408.
2. The number of votes cast at said election "FOR the Bond Order authorizing
$3,6'75,000 of bonds 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 acquisition of the necessary land or rights-in-land, and a tax therefor" was
'I'1,432. T~,e number of voters who voted "AGAINST" said bond order and tax was '10,262,
and a majority of the qualified voters of said County who voted at said election
voted to approve said bond order and said proposed indebted.ness.
3. A statement showing the number of votes cast for and against said proposition,
the number of voters qualified to vote at said election and delcaring the result of
said election, shall be prepared and signed by at least a majority- of the members of
the Board of Commissioners and delivered to the Clerk so that such statement may be
£iled 2nd recorded in accordance with lavr.
"Mr. John R. Oxenfeld seconded the motion and the motion was unanimously adopted.
"The members of the Board voting for the adoption of the last mentioned resolution
thereupon signed a statement of the result of the election and delivered the statement
so signed to the Clerk. For the purpose o£ recordin~ the statement so signed. it is
inserted in the minutes:
STATEMENT OF RESUZT OF ELECTION
HEI,D IN THE COUNTY OF NEW HANOVER
ON NOVEMBER 7, '19`72
"Wf~REAS, by direction of the Board of Commissioners of the County of New Hanover,
in the State of North Carolina, the following question was submitted to the qualified
voters of said County at an election held in said County on November '7, '1a~2:
"FOR/AGAINST the Bond Order authorizing ~3,6'75,000 of bonds 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 acquisition fo the necessary land or rights-in-land, and a tax therefor",
and said Board of Commissioners has duly canvassed the returns of the Registrars and
Judges of Election appointed to hold said election and has determined the result of
said election to be as hereina£ter stated; NOW, THEREE'ORE,
"Said Board o£ Commissioners hereby makes the following statement of the result
of said election, pursuant to The County Finance Act of North Carolina:
('I) The number of voters registered and qualified to vote at said election
was 40,408.
(2) The number of votes cast at said election for the bond order authorizing
$3,6'75,000 Technical Institute Bonds and for the indebtedness proposed to
be incurred by the issuance of the bonds authorized by said bond order was
'I'1,432. The number of votes cast at said election against said bond order
and against said indebtedness was '10,262. The majority of the qualified
voters of said County who voted at said election voted to approve said
bond order and said indebtedness.
"IN WITNESS WI~REOF, we the undersigned members of the Board of Commissioners
of the County of New Hanover, have hereunto set our hands this 20th day of November,
~g72.
(s) Meares Harriss. Jr.
(s) Berry A. Williams
(s) H. A. Marks
(s) J. M. Hall. Jr.
~~~
(s) John R. Or.enfeld
rTembers of Board of Commissioners
~
~~~MINUTES OF MEETING, NOVEMBER 20, ~972 - 9:0o A.M. (CONTIlVUED}.
RESULTS OF ELECTION ON CAPE F'EAR TECHNICAL INSTIT[TTE BOND ISSUE (CONTINUED) -
"Mr. Meares Harriss, Jr. moved that the statement so signed be approved
by the Board of Commissioners and that the Clerk be directed to file the original
statement in her office and to publish a copy of the statement in the manner pro-
vided by law.
':Mn J. M. Hall, Jr. seconded the motion and the motion was vnanimously adopted."
APPOINTN~IVT PTEMBER TO FILL L1v~,xrIRED TERM ON AIRPORT COMI"'uSSION -
The Board met in Executive Session for nominations after which Mr. Marks moved, seconded
by Mr. Hall, Pir. W. Eu;ene Edwards be appointed to fill unexpired term of Mr. W. N. Mobley
who resigned from the Airport Commission. Term Urill expire July 'I, ~973. Motion carried
unanimously.
APPOINTMENT MEMBERS TO NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT -
In line Yd1tY1 recommendations of Dr. C. ~. Hartford, Chairman, IJew Hanover County Zonin~
Board of Adjustment, Mr. Harriss moved., seconded by Mr. Hall, the £ollowing be resppointed to
the Zoning Board, effective IQovember '15, '1972 for three year terms, terms expiring November
~5,'~975~ T'~r. B. B. Willoughby, Mr. Ralph M. Smith, and Mr. J. C. Parker,and Mr. R. Z. Coble
be reappointed as an Alternate and Rev. Herbert Aman named an Alternate. Terms of these two
are for the same period. Motion carried unanimously.
BIDS - SHERIFF'S VEHICLES -
Mr. Bowden stated bids received at last meeting were reviewed with Mr. Nillis and Mr. Ross.
M. Bowden recommended low bid of Port City Chrysler-Plymouth, Inc. be accepted. Mr. Bowden
pointed out this bid was $2,68'7.39 lower than the other bid submitted.
Mr. Hall moved, seconded by Mr. Plarks, bid of Port City Chrysler-Plymouth be accepted.
Tiotion carried unanimously.
FORMAI, AUTHORIZATION OF ADDITIONAI, SPACE FOR STATE SOLICITOR AND PU~?CHASE OF USED CARPET AND
DRAPES FOR THE OFFICE -
Mr. Boeaden requested confirmation of the additional space for the State Solicitor necessitated
b;~ an additional solicitor being added to Mr. Cobb's staff. Also, ~r. Bowden requested formal
approval .for purchase of used carpet and drapes, at a cost of $'150, from Integon, who now occupy
office which vrill be occupied by the Solicitor when they move.
Mr. Hall moved, seconded by Mr. Marks; confirmation of the space and purchase of the carpet
and d.rapes in amount of $'150, funds to come from Court Facility Fees. Motion carried uannimously.
STATUS OF JUIvX ORDINANCE -
Mr. Hall inquired about hova Junk Ordinance applies to junk on a person's property. Mr.
Bowden stated he would have the case Mr. Hall is referring to checked out.
FORMAZ APPROVAI, APPROPRIATION TO RESTORE PROFERTY DkMAGED BY COUNTY.DIGGING CANAL ACROSS PROPERTY
OI' MORRIS I~IILI,ER -
Mr. Bowden requested formal approval to pay damages in amount of ~b850 to Morris Miller whose
property was damaged by County dredging a canal through it.
Mr. Marks moved, seconded by Mr, Oxenfeld, formal approval be given, subject to proper re-
lease being signed, funds to come from General Contingency Fund. Motion carried unanimously.
HFATTH PLAI~TDIING COUNCIL -
1"!r. ]3owden stated he tioas in receipt of letter from Nr. Cl,yde Elliott, Chairman, Cape Fear
Council of Governments, dated November 'I'7, 'Ig72, advising Mr. Berry Williams had informed him .• ~
that he would prefes• not to serve on the Health Plannin~ Council since he was appointed as a
County Commissioner and was not re-elected. Mr. Williams £eels that perhaps another County
ComMissioner should be appointed.
Mr. Harriss suggested this appointment be left for the nevr Board of Commissioners.
~ POSITION CHANGE - MENTAL HEALTH -
• Reouest from the Mental Health Advisory Board for a position change from Social Worker II,
Grade 66, Step 4, Salary $'10,320 to Clinical ,Social Worker, Grade 68, Step 4, Salary ~'I'1,340 was
presented by Iir. Bowden. Mr. Marks pointed out this position has been reclassified by the Raleigh
State Personnel Office.
Mr. Plarks moved, seconded by Mr. Hall, request be approved. Motion carried unanimously.
SALARY OF TAX ATTORNEY
Mr. BoUtden stated the Tax Attorney is now devoting in excess of one day per week on the
interim foreclosure procedures along with the other help he is giving the Tax Office, and he
is needed another half day per week. He is now making ~5,88~ per year and an additional half
d.ay would amount to ~2,943, making a total of ~58,830. Mr. Bowden recommended the Board use
his services for this additional half day and his salary be raised to ~8,830 per year.
P1r. Marks moved, seconded by Mr. Hall, request be approved with funds coming from General
Contingency Fund. Motion carried unanimously.
SAI,ARY OF TAX ADMINI6TRATOR -
P1r. Bowden stated P'ir. Powell's salary was never readjusted when the County took over the
Tax Collector's 0££ice. He is presently bein~ paid 9E'13,'1~0. With the advent of the neia tax
mappin~, revaluation pro~ram and everything else he is involved in, Mr. Bowden respectfully
requested the Board to raise Mr. Potivell's salary to the next step which is $~3,7'16.
Mr. Oxenfeld moved, seconded by Mr. Harriss for discussion, request be approved.
Mr. Williams stated he wondered if this position should not be reclassified. PTr. Williams
stated, from his observation, Mr. Powell's responsibilities are as great as the Countv Auditor.
Mr. Harriss stated in some sense the~ are more so. Nr. Williams stated what Mr. Bowden is recom-
nending does not come anywhere near the same compensation.
rr. Hzrriss asked Mr. Williams if he wanted to make a substitute motion or leave if for the
neor Commissioners. Mr. Williams stated the Board had tried to do the things it thought should be
done rather than leave them for the new Commissioners, although some of them have been painful.
MINUTES OF MEETING, NOVEMBER 20, ~972 - 9:0o A.Pi. (CONTINUED)
SAZARY OF TAX ADMINISTRATOR (CONTINUED) -
P1r. Harriss staLea ne thought the present Commission is in better position to judge what
Mr. Powell has done in the past than any new Commission coming in. Mr. Oxenfeld orithdrew his
motion, and Mr. Harriss withdrew his second.
~r. Bowden stated the Auditor is unclassified, and his present salary is $'16,463.
T~r. Harriss stated Mr. Powell's qualifications are high and his performance has been also,
but he felt Mr. Ross is in a different category because of his experience.
Mr. Bowden then recommended that P1r. Powell be classified as Grade '74, Step 3 at salary of
$~'14, 376 per year.
Mr. Marks moved, seconded by Mr. Williams, Mr. Powell's salary be raised to $~4,376 per
year. Motion carried unanimously.
CHANGE IN TIME OF REGULAR MEETING ON DECEMBER 4,. '1972 -
Due to the fact the new Board will not be sworn in until '10:00 A.M, on December 4th,
and the only business the outgoing Board has is to approve the minutes for the past meetings,
it was decided, by common consent, to set time of the next meeting, on December 4, '1972, at
~:30 A.M. instead of the usual time of 9:00 A.M.
ADJOURNMENT -
Neeting adjourned to meet again on Wednesday, November 22, '19~2, at 5:00 P.M.
Respectfully submitted,
Hazel Savage
Clerk to the Board
/hs
Mailed 'I'I-28-72
MINUTES OF ADJOURNED REGULAR MEETING, NOVEMBER 22, ~972 - 5.0o P.M.
2~;~
ASSENiBLY -
Adjourned Regular Meeting of the New Hanover County 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 H. A. Marks, John R. Oxenfeld; County Manager
Zaurence 0. Bowden; and Hazel ,Savage, Clerk to the Board.
INVOCATION -
Chairman Harriss called the meeting to order and asked T'Ir. W. B. Beery,III to give the
invocation.
ADOPTION RESOI,UTION CONSENTING TO THE JOINDER OF LOWER CAPE FEAR WATER AND SEWER AUTHORITY
BY TFIE COUNTIES OF BLADEN. COLUI`iBUS AND r~ivli~R -
inr. Michael C. Brown, Chairman of the Lower Cape Fear Water and Sewer Authority, Mr.
W. B. BeerS, III, Member, and Col. William K. Shaffer, Executive Director, were present.
rtayor John C. Symmes of the City of Wilmington was also present.
Mr. Michael Brown gave background on the Authority. The Authority started with the backing
and support of the Board of Commissioners of New Hanover County and the City of Idilmington.
Immediately after it was started it was recognized that the problem was not just local but
an area problem involving several counties. This was discussed with the County Commissioners
and the City Council and with their permission the Authority proceeded along the course of a
regional Authority rather than local Authority. The Boards of County Commissioners 6f Region
"0" were contacted, and in addition Bladen County, which would be the source of any water
supply, and the Authority received their wholehearted support. The~~ have been interestei3 in
the project £rom the outset recognizing that what is good for one County in Southe~stern
North Carolina is good for all of them. There were certain legal technicalities that had to
be observed, certain requirements for hearings, as happened in New Hanover County, and the pro-
cedure has been Sollowed as outlined in Section 'I62?_ of the North Carolina General Statutes.
Over the months this work has been ~oing on and this past Mond.ay the Boards of County Commissioners
of Bladen, Columbus and Pender Counties held hearings and passed resolutions requesting admission
to the Zower Cape Fear Water and Sewer Authority. Those documents vrere signed last Monday in
the various County offices. Col. Shaffer and Mr. Brown attended all three meetirigs. The next
order of business was £or the old Authority, as originally appointed three member.s by the
County and three members by the Cit~, to take action and reconmend to the City Council and
County Commissioners that these counties be accepted in the Authorit3= to prop~rl.y constitute
the Authority. On Tuesday a meeting of the old. members of the Authority met and passed such
a resolution to recommend to the County Commissioners this afternoon these members be accepted.
The City Council this morning acted on it favorably, and this step this afternoon iaill finalize
the organization of the Lower Cape Fear Water and Sewer Authority enabling it to process grants
£rom Economic Development Administrations, Farmers Home Administration, Housing and Urban
Development Administration, Coastal Plains, and the State of North Carolina for money grants
to apply toward this multimillion dollar project. The remaind.er of monies will be raised
through revenue bond's at no cost tb the taxpayer. The cost of those bonds and the amorti-
zation of those bonds will be done throu~h those people who contract to buy water from the
pipe line, so the ac'tion the Commissioners take today, hopefully favorable, will put us in
the legal amenity with all o£ the various powers enumerated to carry it throvgh to a success-
ful conclusion.
Col. Shaffer stated the entering of the names o£ those present and members of the various
counties will be entered by the Clerk to the Board. Col. Shaffer pointed out there are now
only two members appointed by the City and two bp the Commissioners. Mr. Harriss pointed out
the representation acceptable on this type of regional Authority is by population, and formula
is one representative for each 20,000 persons or major fraction thereof. Therefore, Wilming-
ton and New Hanover County are entitled to a total of four, Columbus County 2, Bladen County
'I, and Pender County `I. Mr. Brown stated the gentlemen appointed £rom the Counties, as well
as the various Boards oP Commissioners, are enthusiastic about the project.