1972-12-18 Regular MeetingMINUTES OF MEETING, DECIlKBER ~8, ~972 - 9~0o A.M.
ASSEMBLY -
The regular semi-monthly meeting of the New Hanover County Commissioners was held
on the above date and time in the Commission Building with the followin~ present: Chair-
man John R. Oxenfeld, Commissioners J. M. Aall, Jr., M. H. Vaughan, Peter R. Davis,
Vivian S. Wright; County Attorney, James'C. Fox;'County Manager~Zaurence 0. Bowden; and
Hazel Savage, Clerk to the Board. ~
INUOCATION-
Chairman Oxenfeld called the meeting to order and asked Rev. A1 C. Mehaffey, Pastor,
Sunset Park Methodist Church, to gi~ve the invocation. ,
APPROVAI, OF MINUTES - REGULAR MEETING, DECEMBER 4~ '1972 -
Mrs. Wright requested correction to minutes of regular meeting, December 4, '1972,
on Page 16, third line from bottom of page; "... because there are 63 or 64 people ..."
Mr. Hall moved, seconded by Mrs. Wright, minutes be approved as corrected. Motion
carried unanimously.
Mr. Vaughan asked Mr. Fox if minutes are approved, would it be legally possible to
change them later. Mr. Fox stated clerical errors may be corrected with the consent of
the Board.
APPROVAZ OF MINiTTES - SPECIAI, MEETING, DECEMBER 7, 1972 -
Mrs. Wright moved, seconded by Mr. Davis, minutes of Special Meeting of December 7,
'19'72, be approved as written. Motion carried unanimously.
REPORT ON COLLECTION OF TABES DURING MONTFi OF NOVEMBER, '1972 - '
Mrs. Janie Straughan, Tax.Collector, presented the followin~ report of taxes collected
during month of November, '19'72: Char~ed Per Scroll $5,355,582.25, Added-Tax Supervisor
$'1,03'7,032.63, less abatements $'14,06'].56; total $6,3'78,547.32, less collections during
November, October, September and prepayments $2,488,488.85; leaving balance of uncollected
taxes in amount of $3,890,058.4'7. Back taxes collected during November amounted to
$26,82'7.59 bringing total collected to date to ~97,904.8'], leaving balance uncollected
~33~,20'].60. Delinquent Personal Property Taxes collected during November amounted to
$469.33 bringing total collected to date to,#5,59~.87•
Discussion on in rem foreclosures was introduced. The County has actually sold '19
pieces of property. Oyer 250 judgements have been filed which have to~be on £ile for
six months before property can be advertised.
Mr. Fox stated in rem procedures have not been tested in North Carolina, however,
the Institute of Government (Mr. Henry Lewis) believes it is constitutional. Mr. Fox
stated he felt the same way. Mr. Fox pointed out method is simpliYied. Person owning
foreclosed property may file an upset bid and get his property back, if he so desires.
Mrs. Wright moved, seconded by Mr. Hall, Mrs. Straughan's report be accepted. Motion
carried unanimously.
LATE LISTING PENAI,TY - CRANSTON PRINT WOR&S COMPANY - .
Mr. Yowell stated Cranston Print WOrks Compar~y was under the impression taxes on
their property should be listed and paid an Henderson County because their principal -
office is in Henderson. Mr. Powell stated Mr. Henry Lewis was o£ the opinion i£ the
goods are taxable in North Carolina the facts would support their•taxation in Henderson
County. Upon further investigation by Mr. Powell he was advised by the 3tate Board of
Assessment the property should be listed in New Hanover County. Henderson County re-.
leased the property and the company listed '19~'I and '1972 taxes with New Hanover County.
Mr. Powell stated the Tax Office placed a penalty on them, because they were late listing.
Cranston Print Works Company is willing to pay taxes due in amount of $29,'198, but re-
quests penalty in amount of $3,'728.66 be removed. It was pointed out taxes were listed
on time in Henderson County. .
PTr. Vaughan moved, seconded by Mrs. Wright, the penalty be removed. Motion carried
unanimously.
PAYN~NT OF COUNTY EP'iPIAYEES ON FRIDAY. DECII`1BER 22~ '1972 -
Mr. Ross, County Auditor, stated in the past the Commissioners have been willing
to pay employees the week before Christmas rather than the 30th day of the month. Mr.
Ross requested this procedure be repeated this year.
Mr. Vaughan moved, seconded by Mr. Davis, request be approved. Motion carried unani-
mously. , .
REQUE6T OF AIRPORT FOR TRANSFER OF FUNDS -
Mr. Ross stated the Airport is requesting transfer of $'10,000 to pay the salary of an
armed guard at the Airport. This is in accordance with a new FAA ruling and notice has to
be given by January 6th that funds have been appropriated. Mr. Ross recommended funds for
this request be taken from Refund from Natural and Economic Resources Account in amount o£
$8,800 and Miscellaneous Refunds Account in amount of $'1,2Q0.
Mr. Vaughan moved, seconded by Mrs. Wright, appropriation of the money be approved
from sources recommended by Mr. Ross and investigation by the County Manager with the
Sheriff and Airport Commission be made as to proper method of filling position, and re-
port be made by the County Manager at the next meeting of the County Commissioners on
Januazg 2, '1973•
In the discussion it was pointed out Mr. Davis and Mr. Vaughan felt request should
come through the 8heriff's Department.
Mr. Fox was asked by Mr. Hall whether it would be possible for the Airport to have
someone deputized or should guard come under the SherifY's Department. Mr. Fox stated
a guard is not a peace officer. Mr. Fox pointed out a law enforcement of£icer would have
power to make arrests beyond duties of a guard which would probably be more desirable.
Vote was called on motion. Motion carried unanimously.
,MI1QUfiES. OF Pir:ni.~NV, DECEMBER. '18, '1972 - 9~00 A.M. (CONTInu~L)
PUBI,I C .HEARIIQG.: REZONING - REQUESTS
SPECIAL IISE.PERMIT REQUESTS
A1hr;crLr~u~NTB TO ZOPTIIdG ORDIIVANCE -
c:hairman Oxen2eld declared 1'ublic Hearing schedu2ed for 9~3~
following rezoning requests, applications for special use permits,
ments to the New Hanover County Zoning Ordinance open:
Mr. Mallory presented the following:
Rezonine Reouests:
A.M. to conaider the
and proposed amend-
'I. Propert9 on the southeast side of the i~rsection of Militazy Cut-Off
and U.S. Highway #1~ from R-'15 (Sin~le Famil~ District) to B-2 (Business
Dis~rict) in Zoning Area No. 6 and 8B.
~.,~~~. .
The Planning Commission recommended the request be approved. The Planning Department had
no ob~ections.
There were no persons present who wished to be heard.
Mr. Vaughan requested Mr. Mallorq get with Mr. Bowden and try to work something out on
these requests that might simpliYy hp~+~ling b"y the Commissioners; posaibly typin~ out re-
quests on sheet containing the map:
Mr. Oxenfeld moved, seconded bg Mr. Hall, request be approved as recommended by the Planning
COIDmi88i0II. MOtiOII carried 11IIanimOUSly. (The Ordinance rezoning this property is contained in Zoning
Ordinance Book I, Section 6- Page 7, and Section 8B -' Page 1.)
2. Property on the southeast side of II.S. Highway '1~ between Bayshore Drive
and S.R; 1402 from &-15 (Single Family District) to I-'I (Iadustrial District)
in Zoning Area l~o. 5.
The Planning Commission recommeaded request be agproved. The Planning Department, as it
did in June, ob~ected to granting the requeat because it felt requeet was not ia accordance
mith the County's Land Development Plan; industrisl uses along this area will lead to the
stripping of U.S. Highway 1'7 for commercial aad industrial uses; and the industrial area backs
up to what would be leYt residential. .
Mr. Mallory stated objections were received last summer when request was first received
but no objections were received this time. '
Mr. Danid Barefoot, Attorney for petitioner, stated this request was passed by the Plan-
ning Commission over the objections of the Planning Department, but the County Commi'ssioners
turned it down at a previous meeting. Mr. Hall stated he felt one of the reasona the Commis-
sioners did not approve the request mas'the petitioser had gone ahead and was using it as an
industrial site without Yirst getting permission, but the correct procedures have been followed
now.
Mr. Hall moved, seconded by Mr. O7cenfe2d, the request be approved. Motion carried three
t0 toPO. MI`t V8ugh8 II arid MZ'8. WTight vOted "1Q0". (The Ordinance rezoning this propertz~ is contained
in Zoning Ordznance Book I, Seetion 5, Page 3.) '
3. Property on the south aide of Oleander Drive in the 5~00 Block betxeen -
58th Street and bo ood Lane from x-15 (Single Family Diatrict) to B-2
(Busineas Diatrict~in Zonfng Area No. 6. and No. 9-B. " '
The Planning Commission recommended approval. The Planniag Departmeat had no ob~ections
due to the fact pi^operty on the north side of Oleander Drive is already zoned B-2, but'did
ob~ect to the stripping of the highway without access roads.
Mr. Davis exparessed regret that Oleaader Drine, which had been a thoroughfare, had be-
come a cluttered city street, and he hoped that the Board can prevent thia from happening to
College 8oad, Shi.pyard Boulevard, and other.streeta and possibly haee ahopping cen±ters with
limited access or maybe thoroughfares. '
Mr. Vaughan raised question of planners coming before the Board requesting small strips
be rezoned and leaving other emall strips as they are. Mr. Vaughan questioned whether or
not the other owners ahould have been contacted and asked if the~* wished their property re-
zoned at the same time. Mr. Mallor,y atated the Planning Department does this sometimes, but
oYf of Dogwood I.ane there are residential uses in this area that ~et close to Oleaader Drive
and there are some new apartments going intb the area.
Mr. Hall moved, seconded b9 Mrs. Wright; the request be granted. Motion carried »*~A*~~II101181~.
(The Ordinance rezoning this property is coi2tained in Zoning Orc~inance Book I, Section 6-Pa e 8, and Section 9B-Page 5.)
4. Property on the north side of Wrightsville Avenue being Lots 1~ 2~ ~
' and 4, Block 5, end Lots '1 and 2. Block 8, Greenmood Estates Sub-
division, between Hunti ton Drive and Andover Road Yrom R-15 (Single
" Family District) to B-'I~Business District) i.n Zoning Area 1Po. 6.
The Planning Commission and Planning Department recommended denial.
Mr". Mallory stated the Attorney £or the petitioner had reqweated the case be continued
until the next meeting because his client had to be out of town today.
Mr. Hall moved, seconded by Mr. Davis,'request~be tabled until next meeting. Motion
carried uaanimously.
5. ~+912 Wri~htsville Avenue be'tween McMillan Street and Wallace 9venue on
the south side of the street from E-15 (Single Family District) to 0&I
(OfPice and Institutional District) in Zoning Area l~o. 9B.
The Planning Commis'sion and Planning Department recommended this request be denied.
2~~ MINUTES OF MEETING, DEGr.rusr;tt 't8, '1972 - 9:00 A.M. (CONTINUED)
PUBLIC HF.ARING (CONR~iirur,y) -
5. (Continued)
Mr. Mallory steted the petitione~ had to be out of town this morning and stated
he would like to get more property included in the request and would like to have re-
quest tabled. Mr. Fox advised if the size of the property requested to be rezoned is
changed, request will have to be readvertised ead go back before the Planni.n~ Commis-
sion before being considered by the County Commissioners.
Mr. Davis moved, seconded b~ Mr. Hall, the request be tabled indefinitely. Motion
carried unanimously. •
6: Property on the south side of Oleand'er Drive in the 52W Block between
52nd Street and Forest Park Road from $-'15 (Single Family District) to
B-2 (Business Diat'rict) in Zoning Area No. 9B. ~
Mr. Mallory stated petitioner had requested in writing this request be postponed
due to the fact he had to be out of town today.
Mr. Oxenfeld moved, seconded by Mr. Davis, the request be tabled until the next'
meeting oP the Commissioners. Motion carried unanimonsly.
'7. 430 Forest Park Drive between Oleander Drive and Autumn Drive on the
west side of the street from R-'15 (Single Famil,y District) to B-2
(Busineas District) in Zoning Area No. 9B. '
The Planning Commission recommended approval of the request. The Planning Department
recommended approval also since the property on the east side of Forest PaTk Roed is al-
ready zoned B-2 and has a business on the property. ''
Mr. Mallor,y stated a petition was submitted by residents.of Forest Park Subdivision
objecting to the rezoning of this piece of propert9 and also a special use permit re-
quest which will be considered later this morning.
Mrs. Hilda Parker spoke representiug Mr. H. F. Hall the p~titioner.
Mr. Hall asked if thia would be spot zoning. Mr. Mallory stated it would not, it was
an extension of B-2 zonin~ both on the west side of Forest Park Drive aid east side.
Mr.•Davis pointed out at the time of the hearing before the Planning Commission there.
were at least 25 people who objected strenuously to the rezoning of this property and
suggested this_:request be brought up with Request No. 6'(Sneeden Request) at the next
meeting. Mr. Hall stated he would like more infarmation on the request.
Mr. Oxenfeld moved, seconded b9 Mr. Hall, the request be granted.
Mr. Vau~han made a substitute motion, secbnded by Mr. Davis, that thia request be
considered with Item Ido. 6(Sneeden Request)`at the next meeting. Substitute motion ~
carried unanimously.
Mr. Vaughan asked Mrs. Parker during the interim period to try to get together
with the people who filed the petition and'try to get some rapport with them.
8. Property on the east side of North gerr Avenue Detween Gordon Road
and Smith Creek from R-15 (Sin~le Fatnily District) to I-2 (Tndustrial
District) in Zoning Area No. 9A.
Mr. Mallory stated next request pertains to rezoning a parcel of land to be used
for a sanitary landfill site. Mr. Mallory stated the ord.inance requires the property
be rezoned and also a special use permit be obtained. The 'application for special use
permit is as fo2lows: '
Application for Special Use Permit to use property on the east aide of '
North gerr Avenue between Gordon Road ans Smith Creek in Zoning Area No.
9A £or a sanitary landYill. _
Mr. Mallor9 presented both requests jointly.
Re,quests were considered by the Planning Commission at their last meeting and the
Planning Commission recbmmended denial of both requests. The Planning Department also
recommended both requests be denied because of concern of possible Airport hazards which
the Airport Management, Coneulting Engineer and Airline Pilots feel thia use would create.
Mr. Mallo~y presented a petition received bg the Planning Commission signed by approx-
imately 150 person's saying they do ob~ect to site being used for a sanitary landfill and
feel]and is of residential character. Mr. Mallory* also presented a copy oP a letter from
Mr. C. A. Spencer, owaer, Glynnwood Mobile Home Park, located adjacent to area ~t inter-
section of Gordon Road and Kerr Avenue, protesting the rezoning and a letter from Mr.
Rudolph C. Sheckleford, Asst. Airport Menager, ob~ecting to this land being used for a
sanitary landfill because such an operation does attract birds, mainly sea gulls, to this
facilit9. Also, the Pilots Association objected.
Mr. Mailory stated consideration was ~iven to presentation supporting the requests
by Mr. James W. Perry, Manager of Waste Industries, Inc. along with the objections.
Mr. Oxenfeld invited the public to be heard at this time.
Mr. Dumay Gorham, Attorney, representing Waste Industries, Inc. spoke requestin~
the Commissioners approve the rezoning and the special use permit requests presented
by Waste Industries~ Inc., land to be used for a sanitary landfill.
~
2~~
MINUTES OF MEETING, DECEMBER '18; ~972 - 9:0o A.M. (CONTINUED)
PUBLIC ~iEARING ~CGivluvJED) -
8. (Continued)
Mr. Gorham outlined facts which had led_to the necessity of Waste Industries, Inc.
to apply for rezoning and.a special use permit. Waste Industries, Inc. and the County
had entered into a contract whereby basically Waste Industries, Inc. was granted a
five-year franchise to locate, purchase and operate a sanitary landfill site in.the
county for the purpose of disposing of all of the solid waste materials generated by
the County, serving the entire County which includes the municipalities in the County.
The sanitary landfill site was to be operated in such a manrier that it would.result in
the least cost consistent with continuing service and it would be available to the public;
the site would be owned by Waste Industries. The site was to be located so that it would
be within '12~Z miles of each municipality within the County, and upon the termination of
the five-year franchise the County would have first refusal i£ Waste Industries decided
to sell the property at that time. The '12}~z mile limitation presented a problem due to
the soil conditions and other areas had to be considered~which meant any location would be
beyond the '12'fz mile limit from Kure and Carolina Beaches. Subsequent to June, when the
contract was entered into, representatives from the County and the municipalities, working
together, and with the Berr Avenue Site in mind, modified the contract with respect to
Carolina and Kure Beaches. Waste Industries agreed to locate a transfer site to which
Carolina and Kure Beaches could haul their waste materials which would not be beyond the
'123~z mile limit, and Waste Industries would haul from that transfer station to the sanitary
land£ill area.
Waste Industries took over the operations of the existing County landfill site ~ust
across the beach at Carolina Beach. Subsequent to the modification of the basic contract
entered into in June, the operations were to stop at Carolina Beach on March 'I, ~973• The
new operation was to be in a position to begin at least by March 'I, ~973. .
Mr. Gorham cited a number o£ reasons why a site of '100 acres is needed by Waste In-
dustries: soil problems, five-year term of the franchise, and buffer requirements re-
quired. Mr. Gorham stated some land is simply not available in the County, and other
property available at a prohibitive price. Some land is not feasible because of the
soil characteristic, high water table, sites which are too small which require piecing
together of several tracts, the access, and central location. When all,of the factors
were considered, proper soil, adequate buffer area, central location, least cost to
municipalities and availability to the public it.was felt the present site, gerr Avenue
Site, was the best site. This having been decided upon, land was taken un8er option, pre-
liminary checks with local and State authorities were made and procedures_were implemented
to obtain proper zoning. It was on November 20th that the Commissioners at regular meeting
approved the modifications of the travel distances and site was discussed. Since that time
the Board of Health has given Waste Industries permission to proceed with requirement for
site approval by local authorities. Waste Industries cannot ask the State to approve the
site until New Hanover County has approved it. Mr. Gorham pointed out when overall zoning
of the County took place there were no designated areas set aside for landfill uses, so it
is now necessary to request rezoning o£ property to I-2.
Mr..Gorham stated opposition is two-fold, basically from.the residents of Brookfield
Subdivision, which lies immediately to the East, and Glynnwood Mobile Home Park which is
developed to the north and is being developed to the South. 6pposition from these two is
based on possible odor, smoke, and contamination of their water supply. The Airport has
expressed concern with respect to a sea gull hazard. Mr. Gorham outlined basic State re-
strictions which must be satis£ied with respect to a sanitary landfill project; ('I) t'the
State will prohibit landfill.site if its location is within the boundaries of a public,
water suppl~ watershed where the disposal of solid waste at a particular site may have
an adverse affect on the quality of water; (2) if the location of the site poses a
problem the State would prevent the location within the first flood plain of any.water
course where underground seepage could cause contamination; and (3) the:State would
further prevent the location of a site within as~y areas having high water tables where
private or public well water supplies could be contaminated. Mr. Gorham was o£ the opinion
the concern of the residents of Brookfield and Glynnwood Mobile Home Park would be the same
concern of the Board of Health.
Mr. Gorham stated the County Engineer had furnished them with information that the
wells in Brookfield and Glynnwood are '100 feet in depth and both have septic tanks.with
drain fills above their own water supply, and Mr. Epling was o£ the opinion this poses
a greater problem than the sanitary landfill would. With respect to the Airport Mr.
Epling was o£ the opinion that creation of.a hazard at the Airport with the landfill
at the proposed site would be of less significance than the two former trash disposal
sites, one at North 23rd Street and one at North Ninth Street. Mr. Epling pointed out
property owners within a two-mile area adjacent to,the ~irport have planted grain that
attracts migratory water fowl in great numliers and would present greater hazard to the
Airport than the proposed landfill.
Mr. Epling further stated, according to Mr. Gorham, that the alternatives are limited,
and he' was of the opinion this site should be rezoned and special use permit issued to
offer a solution to a very concerning problem to all the citizens of New,Hanover County.
Mr. Gorham felt if location of site is limited with respect to the Airport, the con-
tract would have to be amended with regard to requirement of central location, assuming
other suitable land is found.
Mr. Gorham pointed out to operate a sanitary landfill requires a large capital out-
lay by Waste Industries Yor land, equipment, paving and maintenance of an access road,
which under the contract must be an all weather surface road.
Mr. Gorham pointed out there w211 still be local control; the County has the right
to negotiate rates annually, County has first refusal to purchase the propert9 after fine-
' year franchise is terminated, and the County can audit the books and accounts at a~y time.
Mr. Gorham stated trash will be covered during day as required, and after each work-
in~ day everything will be completely covered, there will be no burning and no disposal
of radio active waste.
~~~
MINITTES OF MEETING, DECEMBER '18, ~g72 - 9:0o A.M. (CONTuvu~,D)
PiTBLIC HE2.RING (CONTINUED) -
8. (Continued)
Mr. Gorham stated Waste Industries feels under its contract with the County it was
under obligation to locate the best possible site within the restrictions and require-
ments as outlined, the•cost to the user, future use of the property, accessitnlity to the
user, and availability of the land. Waste Industries feel obligation has been fulfilled
in good faith.
Mr. Gorham reminded the Board there is a dead line to close Carolina Beach land£il~l~
by March 'i, ~973, there is a possibility it will be filled to full capacity b~ that time
and requested the Board's assistance to Waste Industries in the selection of this site.
Meeting recessed at ~0:55 A.M.
Meeting reconvened at 'I'1:05 A.M.
Mr. Alton Lennon, Attorney, spoke stating he was representing approximatel~* '150 home-
owners who are opposed to location of the proposed land£ill site. Mr. Zennon stated this
number attended the Planning Commission Meeting.
Mr. Lennon stated before permitting a landfill, property has to be zoned I-2, which
means:.designating an area which shall be used for uses which would be detrimental, as per
definition in the Zoning Ordinance to the neighborhoods and communities of the surround-
ing area. He cited uses permitted in an I-2 District.
Title to property will be in the name of Waste Industries, Inc. Mr. Lennon stated
he felt sure under their charter they are permitted to do other things other than a
waste program. Mr. Lennon raised question of possibility of State Board of Health re-
fusing to permit a landfill here after the property has been rezoned I-2. He pointed
out many things that could be put here which would produce noise, etc, and be incom-
patible to the community. Mr. Lennon also pointed out the possibility of inability
to keep refuse covered during rainy months during the summer. .
Mr. I,ennon stated certain things in the contract concerned him: least cost, avail-
ability to the public, etc. These are valid considerations, but no one has taken into
real consideration the people that live in the area. Site is surrounded by subdivisions
and approximately 400 homes will be affected.
Mr. Alan Moore, Vice-President of Coastal Plains Utilities who furnishes the water
for Brookfield Subdivision, spoke saying the system was approved by the North Carolina
Water Resources Commission and the North Carolina State Board of Health. Mr. Moore
stated bacteria present in septic tank's is basically of nature which will wear itself
out but industrial waste will not wear itself out and will•contaminate ground wells.
He felt to put a landfill operation this close to a public water supply would be almost
criminal.
Mr. Rudolph C. Shackleford, Jr., Assistant Airport Manager, stated he had sent a
letter to Mr. Mallory objecting, and the Airport Manager stands behind what was said..
It would be a serious jeopardization of the current aviation safety at the airport due
to sea gulls.
Mr. Lennon stated the trash disposals which Mr. Epling referred to are no longer
being operated, and this has alleviated the bird hazard at the airport.
Mr. Shackleford cited incident in Nor£olk on December 15th where a Piedmon.t plane
ingested a sea gull in one of its en~ines and lost the engine. If this had happened to
both engines, there would have been a disaster.
A pilot with Piedmont Lines spoke citin~ danger of sea gulls; there have been inci-
dents of them coming through the windshield of planes nearly decapitating the pilots.
Mr. Spencer, Owner of Glynnwood Mobile Park and also a Piedmont Pilot, presented
damage report showing damage caused by sea gulls to planes, certi£ication requirements
~39•6'7 Bird Hazard &eduction, copy of letter from Director of En~ineering and Air Safety
Department, Airline Pilots Association in Washington urging Mr. Westbrook to use every
means:possible to prevent landfill from being placed in vicinity of the airport. Mr.
Spencer also presented booklet "Zand Disposal Sites Near Airports Reportin~ Bird/Air-
craft Hazards" which contains list of bird strikes, several of which resulted in loss
of human life.
Mr. John Register spoke in opposition.
Mr. A. H. Harrell, Builder and Developer of Brookfield, spoke in behalf of the
residents of Brookfield ~equesting denial of the zoning request and special use permit.
Several others ~oke in opposition.
Mr. Shackle£ord stated Mr. Epling had talked with them brie£ly. Mr. Shackleford
stated the Airport Commission had consulted with their Consulting Engineers and this
is what they based most of their comments on and on the FAA Zoning Circular.
Mr. Lennon stated he did not think anyone would want to place the County in a
position of endangering the certification of the Airport by the FA.A.
Mr. Davis stated the County is in a difficult situation with only about 90 days
to find some place to put the County's garbage. Also, there is a critical situation
with the Airport; the County could lose its services.
~k~°~ I'rir. Davis moved, seconded by Mrs. Wright, that the Commissioners concur with the
M Planning Commission and deny the request.
Mr. Vaughan asked why the County Ehgineer was not present, since he had been quoted.
Mr, Bowden stated he did not know his letter was going to be used.
Mr. Oxenfeld asked if the request for rezoning could be reconsidered and if so when.
Mr. Mallory stated in six months.
~ ~~~
MINUTES OF MEETING, DECEMBER '18, 't972 - 9~0o A.M. (CONTINUED)
PUBLIC HEARING (CONTINUED) -
8. (Continued)
Mr. Oxen£eld stated everyone is aware of the problems. The contract with Waste In-
dustries specifies they furnish a site and everyone lrnows they have been very diligent
in an attempt to locate a suitable site that meets the requirements of the contract.
Many have been unsuitable because of:high water table and other areas that would be
suitable are not available; the cost is prohibitive. Mr. Oxenfeld stated rather than
exclude this site and to work with Waste Industries and perhaps make modi£ications to
the contract he would. make a substitute motion that the item be tabled indefinitely or
until a later date.
Mr. Fox stated request would have to be continued until next hearing; not indefinitely
to an unannounced meeting. If so, it would have to be readvertised.
Mr. Oxenfeld changed his substitute motion to read the item be_deferred until the
second mPet,ing_in January. Mr. Hall seconded Mr. Oxenfeld's motion.
Mrs. Wright stated she did not see advantage in postponing decision on this site.
She stated she had never seen a landfill anywhere that you did not have times when it
was not covered and she did not see how this could be allowed to happen to the Airport.
Mr. Davis stated he felt it was wrpng to postpone decision~and leave it hanging
where the people do not know whether a landfiil site will be placed next to them or not
and also, he does not feel it would be fair to Mr. Poole to leave him thinking there is
a possibility he may be able to use the site. Mr. Davis Yelt it best to forget this loca-
tion and find another.
Mrs. Wright sug$ested since this site was projected to last for five to ten years,
maybe a smaller site could be~found that would last for a shorter period of time and it
might be possible to find another one in the meantime. Mr. Oxenfeld felt this would cost
the citizens more.
Mr. Poole stated there is only one alternative and that is to find another site and
they do not have that alternative. He stated they had never ceased to look. He stated
he did not see how the Board could turn down what is the only site that is available at
this time. Mr. Poole stated New Hanover County is not an ideal site to locate a landfill
because of the lack of available land that is suitable.
Mr. Oxenfeld asked the press to give this item a great deal of coverage and perhaps
some citizens will come forth with a site.
Mr. Hall stated if the press will help, it might be well to furnish some of the
criteria upon which the County will base its selection of a site.
Mr. A. H. Harrell offered to help Mr. Poole in finding suitable site.
Mr, Stanley Rehder, of Harbor Associates, stated he was commissioned by Mr. Poole
to help find land for the landfill. They have advertised daily in the paper and have
had only one answer. Every real estate firm in New Hanover County has been contacted
in the last two weeks with no results. Big landowners throughout the County have been
contacted also with no results.
Vote was called on substitute motion. Motion failed two to three. Mr. Davis, Mr.
Vaughan and Mrs. Wright voted "No".
.T~~Vote was called on original motion. Motion carried three to two. Mr. Oxenfeld and
Mr. Hall voted "No°.
Mr. Poole stated he felt it was very important the Airport advise Waste Industries
locations which would present problems and those that would not. If their perimeter is
broad enough, it could eliminate the entire County. Mr. Poole stated they need to know
where landfill can be located and where it cannot.
Mr. Oxenfeld thanked everyone for their interest.
Meeting recessed at ~~:55 A.M.
Meeting reconvened at '12:00 P.M.
Mr. Mallory presented the following Special Use Permit Requests:
2. Application for Special Use Permit to use propert~ on the northeast
side of Old Military Road approximately 'I'I82 feet southeast of S.R.
'142'I (Greenville Loop Road) in Zoning Area No. 2 for private horse
stable.
Mr. Mallory stated this request was for stabling horses for private use. The Plan-
ning Commission and Planning Department recommends approval, subject to the following:
'I. Plans submitted with the application
2. That the owner be responsible for maintaining the pasture and
stables in a sanitary condition at all times as determined by
the New Hanover County Health Department
Mr. Oxenfeld moved, seconded by Mr. Hall, the special use permit be granted as recom-
mended by the Planning Commission. Motion carried unanimously.
3. Application for Special Use Permit to use property on the west
side of Forest Park Road between Oleander Drive and Autumn Drive
in Zoning Area No. 9B for storage and distribution center for
packaged food products.
Mr. Mallory suggested this request be tabled since the request for rezoning of this
property was tabled.
MINUTES OF MEETING, DECEMBER ~8, ~9~2 - 9:00 A.M. (CONTINiTED)
PUBI,IC HEARING (CONTINUED) -
Special Use Permit Re4uests (Continued):
Mr. Hall moved, seconded by Mr. Oxenfeld, this request be considered with request•
for rezoning. Ptotion carried unanimously.
4. Application for Special Use Permit to use property on the west
side of Carolina Beach Road approximately 2600 feet south of the
intersection of Carolina Beach Roada'and S.R. '1524 in Zoning Area
No. 4 for a private lodge.
Mr. Mallory stated Planning Commission and Planning Department recommends ap~roval
subject to the following:
'I. Plans being revised to include the following:
a. Additional land to be devoted to this use as indicated by
the petitioner
b. Off-street parking be at least 10 feet from side property
lines
2. The source of water and method of sewage be approved b~ the Health
Department
Mr, Thornton Utely appeared before the Board requesting permit be granted.
Mr. Davis moved, seconded by Mrs. Wright, request be approved as recommended by
the Planning Commission. Motion carried unanimously.
5. Application for Special Use Permit to use property at 2035
Eastwood Road (U.S. Hwp. ~4) in Zoning Area No. 2 for repair,
. sales, service, rental and storage of boats and motors.
Mr. Mallory stated prior to acting on this special use permit it would be necessary
to act on following proposed amendment to the Zoning Ordinance:
2. Amend Article V, Section 54-3 by adding the following:
(8) Repair, sales, service, rental and storage of boats and motors.
Mr. Mallory stated Article V is a list of many uses of B-'I Zone.
The Planning Commission and Planning Department recommended approval.
Mr. William I,ucus represented Mr. Oscar Register, owner and operator of the property.
Mr. Vaughan moved, seconded by Mrs. Wright, amendment to the Zonin$ Ordinance, as recom-
mended by the Planning Commission be approved.
Mr. Lucus stated Mr. Register cannot improve facility, even though he has been using
property for repairs of boats prior to zoning, without a special use permit. List of
names of persons not objecting was furnished Mr. Mallory.
Mr. Mallory stated the Planning Commission and Planning Department recommends
approval, subject to the following:
'I: The plans submitted be revised to include the driveway location,
traffic circulation plan for the lot and design of off-street
parking areas.
2. That there be at least '10 of£-street parking spaces with 4 of these •
spaces 35 feet in length to accommodate vehicles with boat trailers
attached.
Mr. Hall moved, seconded by Mrs. Wright, special use permit request be approved,
subject to the recommendations of the Planning Commission, Motion carried unanimously.
6. Application for Special Use Permit to use roperty on the west
side of South College Road (N. C. Hwy. 132~ approximately 2600
feet south of the intersection of South College Road and Mohican
Trail in Masonboro Zoning Area for a church.
The Planning Commission and Planning Department recommended approval, subject to~
the £ollowing:
'1. Plans submitted with the application.
2. The o£f-street parking is to be `IO feet from the side lot lines.
3. That only one drineway be permitted or the two proposed drive-
ways be'one-way orith signs indicating which is the entrance
and which the exit'r
Mr. Mallory stated since the meeting conditions have been complied with.
Mr. Hall moved, seconded by Mr. Vaughan, that the request be granted as recommended
by the Planning Commission. Motion carried unanimously.
'7. Application for Special Use Permit to use property at the north-
west corner of the intersection o£ Jeanelle Moore Blvd, and S. R.
'1402 in Zoning Area No. 5 for an addition to a nursing home.
Mr. Mallory stated the Planning Commission and Plannin~ Department recommends approval,
subject to plans submitted with the application.
Mr. Hall moved, seconded by Mr. Davis, the request be approved as recommended by the
Planning Commission. Motion carried unanimously.
2~7
MINUTES OF MEETING, DECEP4BER ~8, ~972 - 9~00 A.M. (CONTINUED)
PUBLIC HEARING (CONTINUED) -
Amendment to New Aanover Countv Zonin~ Ordinance:
~. Amend Article V, Section 53-3 bg adding the following:
(6) Storage and distribution centers for packaged food products.
Mr, Mallory stated the Planning Commission recommends amendment read "(6) Storage and/
or distribution facilities".
Mr. Hall moved, seconded by Mrs. Wright, ordinance be amended as recommended by the
Planning Commission. Motion carried unanimously.
Mr. Oxenfeld declared Public Hearing closed.
REVIEW NEW HANOVER COUNTY'S $39.000 ADVERTISING BUDGET -
Mr. Vau~han proposed the Commissioners not spend money on advertising for the coming
year. Mr. Vaughan gave one reason as being the traffic problem the citizens of the County
are faced with. He feels it is takin$ money that belongs to the people of the community
and spending it on advertising to get more people into the community. He questioned taking
ta~cpayers money and spending it on advertising. Mr. Vaughan stated he saw no justification
in spending the mone~; the taxpayers are tired o£ this kind o£ thing and the Board should
do everything possible to save the expenditure of this $39,000 during this fiscal year.
Mr. Vaughan read a letter he had received from Mr. Lackey of Dupont saying it took
him one hour and two minutes to get from Leland Post Office to the light at the inter-
section near Brunswick River. Mr. Vaughan asked that the Chairman write a letter to the
Highway Commission furnishing them copy of Mr. Lackey's letter. Mr. Oxenfeld stated the
section of the highway referred to is now under construction, and this accounts for some
of the traffic problem.
Mr. Hall expressed view for people in retail businesses it is a good idea to have
as many people around as you can get. ,
Mr. Vaughan suggested if these people want to advertise let them advertise rather
than take money out of the pockets of people who are considerably inconvenienced by con-
gestion that already exists.
Mr. Vaughan pointed out with more people coming means new businesses also, therefore,
bussinesses already here to not benefit from the additional people.
Mr. Hall stated he felt like advertising is the life blood of a community.
Mrs. Wright stated the fact that the previous Board approved the County Water and
Sewer Plan, which will cost thirtg-six million dollars, because of a pollution problem
from septic tanks is an indication the County is filling up pretty fast. Mrs. Wright
felt this money could better be spent for Airport improvements. Mr. Oxenfeld stated most
of the cost of the Water and Sewer Plan would be by self-liquidating bonds; people that
use it will pay £or it.
Mr. Ed Menke, Division Manager of the Chamber of Commerce, spoke saying the appropria-
tion made.by the Commissioners is not something the Chamber of Commerce is going to have to
try and justify because the Chamber is not getting paid to do it. There are five or six
men who are volunteers on the committee, giving their time and talent to try to improve
the tax base in the County, and tourism is one of the strong tax bases. Mr. Menke stated
based on a report the Chamber of Commerce had from the State of North Carolina in '1963
the total number of dollars that were brought into New Hanover County~was roughly '12
million, seven or eight years later in 'i9'70 it was up to $31,620,000. Since '1968 the
report has been revised aid in '1968, ~~0,99~,000 new money was brought into New Hanover
County. Three years later, in '19'7'I, it was $'17,980,000. Mr. Menke stated this was al-
most $'18,000,000 and it is what is referred to as clean profit. The County does not
have to provide schools or too ma~y other services which the taxpayer expects.
'Mr. Menke stated the $39,000 last year returned to the County almost $'18,000,00~,
, and it is up to the Commissioners to determine if this is a sound investment or not.
Mr. Menke felt possibly coordinating lights at Princess Place Drive and gerr Avenue might
be a better solution than cutting out advertising dollars.
Mr. Davis raised question of what the County might lose in the 'I% Option Sales Tax
and where the advertising is done. Advertising is done in Ohio Valley, Pittsburgh Area,
TV Guide, etc.
It was pointed out by Mr. Hall that the County's appropriation is not to the Chamber
of Commerce but to pay for advertisin~ for the County. The bills are paid through the
County Auditor.
Mrs. Wright pointed out the Board first appropriated $36,000, but a representative
from the Chamber came before the Board requesting an additional $3,000 for additional
clerical help. Mr. Menke stated this was true; it is necessary to expedite handling
of the '10,000 requests for information received by the Chamber. Last year the Chamber
received more requests than they had ever;received. Mrs. Wri~ht asked how much the
Chamber of Commerce's Advertising budget is. Mr. Menke stated they have no funds appro-
priated for advertising. Mrs. Wright felt this is the proper place the money should
come from.
Mr. Oxenfeld stated this item will be discussed at the next budget hearing.
Mr. Herbert Fisher, President, Taxpayers Association, felt like large motels, etc.
are doing advertising and that the line should be drawn somewhere and suggested appro-
priation be withheld on a trial basis for a yearestwo.
Mr. Vaughan felt increased tax base referred to by Mr. Menke is a myth; tax base
is multiplying rapidTy but the tax rate is not going down. Mr. Vaughan stated $39,000
brin~ing in '18 million dollars in revenue is another myth. Mr. Vaughan felt of the
'10,000 inquiries received by the Chamber he estimated only about 2CP/o came, or 2,000
people, and if each spent $500 per family this would be only one million dollars which
MINUTES OF MEETING, DECEMBER 'I8, ~973 - 9:0o A.M. (CONTIIVUED)
REVIEW NEW HANOVER COUNTY'S $39,000 ADVERTISING BUDGET (CONTINUED) -
wouTd amount to $'10,000 in sales tax. Mr. Vaughan stated the appropriation by the County
is a device to e~and the budget of the Chamber~of Commerce. Mr. Vaughan stated in '1968
there was already a fever heat of economy here and the County was spending 9622,500; now
four years later when the fever is up about 25 or 30 degrees more, appropriation has
nearly doubled. Mr. Vaughan re£erred to Mrs. Wright's statement at last meeting that
she felt the County Commissioners being on and associated with committees sometimes re-
sults in the Commissioners taking a little more favorable attitude towards these things
than they should take.
Mr. Hall asked Mr. Vaughan if he felt the people getting the benefit from this should
be the ones that pay for it. Mr. Vaughan stated he did. Mr. Hall stated that is the way
he felt about the Airport Head Tax. Mr. Vaughan said there were a.lot of other thin~s
like the Security Guard, Congressional action and many other things that make the Head
Tax not comparative to this.
After further discussion, Mr. Hall moved, seconded by Mr. Oxenfeld, that the Chamber
of Commerce be requested to continue with their program and the budget remain to be ex-
pended as originally intended for this fiscal year.
Mr. Vaughan made a substitute motion that Mr. Hall's motion be tabled. Substitute
motion failed two to three. Messrs. Oxenfeld, Hall and Davis voted "No".
Vote was called on original motion. It carried three to two. Mr. Vaughan and Mrs.
Wright voted "No".
P1r. Davis suggested the Board take a serious look at this in ~g~3, but £elt people
who have worked on this should be supported at this time.
Mr. Vaughan stated his thinking on this subject does not reflect on the Chamber of
Commerce as a whole at all, and under Mr. Reid's management it has been, generally speaking,
a wonderful asset. It has nothing to do with Mr. Reid's operation but the Board of Directors
asking for this appropriation.
DISCUSSION BY REPRESENTATIVE FROM TAXPAYERS ASSOCIATION, MR. HERBERT FISHER -
~'ir. F'isher, in behalf of the Ta~cpayers Association, congratulated the new County Com-
missioners on their being elected and thanked them for giving their time, talent, and
money to serve on the Board. Mr: Fisher stated the taxpayers felt the newly elected
Commissioners had the taxpayers in mind; they would economize and look after the people.
This has been demonstrated already by their first and second meetings and even today.
Assessment Ratio:
Mr. Fisher stated the Taxpayers Association was formed in the Commissioners' Room
two years ago, December 2'I, '19'70, when the City Council came here real quick requesting
the 100'~o valuation. The County Commissioners, at that time, with the exception of Nr.
Hall, were very much sympathetic. The Commissioners approved the '10~/o valuation, be-
cause the City Council stated they needed it so badly. That year when the City budget
came up it was not used. If they really needed it, they would have had to have an in-
crease. This 9ear the City has used 12}~z cents. They have indicated, with the Revenue
Sharing funds coming in, they will be able to reduce taxes '12%z cents and possibly even
more. Mr, Fisher requested the Board return to the 5~/ valuation. Mr. Fisher stated
the people were informed if they voted for the 'I% Option Sales Tax, there would not be
any '10~/o valuation. The people lost faith iaith the governing bodies within the County
when this took place, and since then they have had very little respect for the govern-
ing bodies. The Taxpayers Association has never asked £or anything other than what
they had, 50'~;:valuation. Of the '100 counties in this state there are only five counties
carrying this valuation; 95% carry a 50'/o valuation. This would pit the City Council on
notice they cannot go up on taxes when they want to; they must look around and find
other avenues of raising funds. Mr. Fisher pointed out tax collection is up higher
this year than it has ever been, the construction rate is up higher, there are more
neio projects in this city than ever, and more new~projects are being planned that will
be on the tax books in another year. Mr. Fisher stated this indicates other avenues
of raising revenue. The Sales Tax is up by a larger percentage than was estimated.`
The City has announced their reserve fund is one-half million dollars up; it is $400,000~
more than it was last year. Mr. Fisher stated he did not see any reason wY~y the County
cannot return to the 50'~ valuation.
Nr. Fisher stated the only other thing the Ta~ayers have asked for is good sound
economic government, but in the past two or three years this has gone out of the win-
dow. The cost of operating the County went skyrocketing. The cost of operating the
Administrative Department in this,particular County has increased '100%. The cost of
operating the Tax Department has increased 80'~0. He requested the Board take a second
look at some o£ the things that are going on in these departments. Mr. Fisher raised
question of whether every man hour is being utilized to the best of service. If not,
try to reduce e~cpenses; cut where we can cut. After all, there are a lot of people
on welfare and social security who are hurt when they have to pay out of their pocket
for people who could be done without.
Mr. Fisher stated the 50'/ valuation was taken off of property some two years ago,
and the Taxpayers Association was under the impression that everybody had the same
valuation. He furnished copes of two letters which seemed to conflict. Mr. Oxenfelfl
stated this is the first time the Board had seen these letters, and the Board would
like to have a little time to check into this without ax~y action at this time. Mr.
Fisher stated he believed special consideration is given to certain people; anyone
with a lot should have the same equal rights. The first letter was varitten by Mr.
Blake e}cplaining the policy of the County on method of valuation to a taxpayer, and
the second letter, written b~ Mr. Powell, returned the 50'~o valuation to this person.
Mr. Fisher stated the Taxpayers Association's request for a return to the 5CP/ valua-
tion is not asking for too much; some people already have it. Mr. Fisher stated he
did not understand the two letters; something is wrong. Mr. Oxenfeld assured Mr.
Fisher the matter will be checked. Mr. Vaughan requested item be placed on the
Agenda for the next meeting and the information be furnished at that time. Mr.
Oxenfeld stated this was in order.
`2~9
MINiJTES OF MEETING, DECEMBER '18~ ~972 - 9~00 A.N. (CONTINUED)
DISCUSSION BY REPRESENTATIVE FROM TAXPAYERS ASSOCIATION, NR. HERBERT FISHER (CONTINUED.) -
Mr. Fisher stated even though the Board cannot make a decision today on the tax
ratio, the Taxpayers Association will appreciate anything the Board can do.
Mr. Davis stated he hoped the Ta}cpayers Association would continue to bring these
items before the Board.
Mr. Fox pointed out there cannot be a revaluation except in a revaluation year, which
is coming up next year. Real estate cannot be revalued unless there has been certain de-
finite changes such as a lot showing a building constructed thereon, etc. Mr. Fox stated
the 5~~o valuation would have to be carried over to the new purchaser. The Commissioners
have no authority to revalue any appraised property unless there has been some change in
it.
Regarding the return to the 50"/o valuation, Mr. Fisher was informed the tax abstracts
have already been prepared for mailing and it would incur a tremendous e~cpense to hire addi-
tional people and additional printing. Mr. Oxenfeld stated he did not believe it would be
physically possible to do it prior to the first of January even if it were passed. Nr.
Fisher stated this rras the same situation two years ago when it was changed; a slip was
placed in the envelope setting out the change. Mr. Davis asked if it would cut:taxes,
and how. Mr. Fisher stated it would cut taxes for the coming year because the City could
not raise taxes just on the spur of the moment. Mr. Vaughan advised Mr. Fisher if this is
done during next budget sessions of the City and County, it would give him the effect he
would want. Mr. Vaughan felt it would be very foolish to try to make a"jam pack deal"
before the first of the year. Mr. Vaughan stated, as a Commissioner, he will consider this
request between now and the time a decision has to be made. Question was raised as to
whether this would have to be done now before the abstracts are mailed out. Mr. Bowden
stated the Commissioners are required to hear all municipalities. Mr. Fox stated the whole
ad~"valorem structure had been revr~itten, not necessarily changed, and he was not sure about
the timing on this particular issue. rr. Fox read from the law that each year, prior to
the first meeting of the Board of Egualization and Review, (which is in April) the Board
of County Commissioners shall adopt by resolution some uniform percentage of the amount
at which property in the County has been appraised as the value to be used in taxing property.
This percentage shall be known as the assessment ratio. Before adopting the resolution re-
quired, the Board of County Commissioners shall give representatives of the municipalities,
required to use the assessments determined by the County, an opportunity to make recommenda-
tions as to that assessment ratio that would provide a reasonable adequate tax base in each
municipality. The Board of County Commissioners shall give due consideration to recommen-
dations of such representatives but final action of selecting and adopting the assessment
~ ratio shall be taken by the Board alone. Ten days after adopting the ratio the Board has
to send certified copy to the State Board of Assessment. The assessment ratio selected by
the Board of Commissioners shall be applied to the appraised value of all real and personal
property subject to taxation of the County, and the abstracts for tax records of the County
shall show for all properties both the appraised value and the assessed value for tax
purposes. Mr. Fox stated the preceding section states all property, real and personal,'
shall, as far as practicable, be appraised or valued at its true value in money in such
manner as such property is usually sold but not by force sale. Mr. Fox stated the assess-
ment ratio can be established in April before the Equalization Board meets.
Mr. Fisher stated the City could not have raised taxes this year had the County not
changed the assessment ratio. Mr. Oxenfeld stated in order to purchase an item of need
the~ could raise taxes; it is a matter of need. Mr. Vaughan suggested the Board invite
Mr. Fisher back to the first meeting in February and asked the City Council to be pre-
pared to discuss the matter. By common consent this was a~reed to. Nrs. Wri~ht stated
all municipalities should be included and Mr. Fox stated if the assessment ratio is to
be considered all municipalities should be asked to the meeting at that time. Mr. Fox
suggested Mr. Cicero Yow, City Attorney, be present because he is more familiar with City
financing than he, Mr. Fox.
LANDFIZL SITE -
Mr. Yoole and Mr. Perry had returned to the meeting in order to get clarification
on where landfill sites can be located.
Mr. Poole stated as result of site they had selected being unsatisfactory, Waste
Industries needs to ('I) broaden the area in which they can look to include all o£ New
Hanover County, and to make sure they are examining a large enough area he recommended ~
a radius of 5 miles from the end of the new bridge which extends into Brunswick County
and which would, of course, be subject to approval by Brunswick County to have a site
in that area; (2) so that Waste Industries can extend the life of the present site,
they would like to request the County Health Department, at the earliest possible
date, to begin developing whatever plans and getting whatever necessary programs that
are required to extend the usefulness and permission to use the existing Carolina Beach
site beyond the March 'Ist date. Mr. Oxenfeld questioned vahether the site would take
additional tonnage. Mr. Poole stated the site had never been truly engineered accord-
ingly to the present standards and the reason it has not been done, it is very expensive
to do it and it is not in the best interest of eoonomics really to do a lot of engineer-
ing on something you do not plan to permanently use, but at this moment there is no
choice.: The State Health Department has stopped Waste Industries from trenching which
means they are running out of trench, and there is no place to put the garbage. They
are trenched for 30 days at this time. Mr. Poole stated plans need to be developed,
need to get sanction from owner of the property and also sanction of the Health De-
partment to continue trenching. (3) Waste Industries has asked specifically for the
perimeters that would be dictated by the Airport as to how far away they want the land-
fill to be from the Airport and if there are any other special situations in the County,
as to governmental bodies, commissions, agencies or what have you. Waste Industries
needs to have a defined set of specifications to lrnow in what areas they are not per-
mitted to look. This will eliminate a lot of looking for nothing and save time.
Mr. Poole stated he knew of no other sites; they had been looking according to the
State Board of Health Rules and Regulations for Sanitary I,andfills. He stated they
had put in a number of landfill plans, have had them approved, they l~ow what they
are looking for, and Mr. Poole stated he did not lrnow of any special circumstances
that would eliminate them for looking into all of the areas of the County e~rpect the
high water problem.
2~~3
MINUTES OF MEETING, DECEMBER 't8, ~972 - 9:0o a.M. (CONTINUED)
I~APTDFILL SITE (CONTINUED) -
Mr. Poole stated they had e3chausted everything they knew in the way of locating a
site and needed all the help they can get, including the County Health Department;
Richard Epling, Count~ Engineer; Airport Authorities; and all those people who were in
opposition to it. Mr. Oxenfeld asked what the procedure is to amend the contract with
Mr. Poole. Mr. Fox stated the municipalities would have to be consuTted and participate
in negotiations, but the resolution issues are reserved £or the County and Waste Indus-
tries.
Mr. Oxenfeld stated this is a tremendous problem, and one of the solutions would
be to amend some of the restrictions that were placed in the original agreement. Nr.
Oxenfeld was of the opinion that after consulting with the Airport .Group, which apparent-
ly would be the most interested parties, then perhaps it would be in order to amend the
agreement and get back together with all the municipalities to get their concurrence.
Mr. Poole stated he knew of one special circumstance that has already come up and
it is very important it be weighed and that is the influence of these bridges. Mr.
Poole stated they tried to stay away from them because it throws the load of garbage
flowing out of New Hanover County on the bridges at 3:00 P.M. to 5:00 P.M., and if there
are going to be restrictions as to whether or not landfill can be on the other side they
need to know about it now. ,
Mr. Hall felt some sort of perimeter should be established. By common consent it
was agreed that the County ('I) extend the area of search to the County limits and a
five-mile radius from the end of the Cape Fear Memorial Bridge into Brunswick County,
subject to Brunswick County's approval; (2) to instruct the County Health Department
to develop a set of plans for extending the life of the present site, and to get North
Carolina State Board of Health's approval to resume trenching so Waste Industries can
have a place to put trash.
TII`ZPORARY HELP - LOCAL GOVERNMENT COMMISSION -
Mr. Ray Grubbs, Personnel Officer, stated memorandum was furnished the Commissioners
requesting temporary clerical help for the Zocal Government Commission, who is estab-
lishing a record system to keep track of all County property, including such items as
vehicles, £urniture, machinery, and office equipment. Mr. Grubbs stated request had
already been approved by three Commissioners by telephone poll. Mrs. Wright asked
when approval was received. Mr. Grubbs stated Mr. Bowden got approval of two Commis-
sioners and he obtained approval of the third. PIrs. Wright stated Mr. Bowden asked
for her approval at a meeting the Commissioners held, which was an unofficial meeting,
and she refused to take part in it, and Mr. Bowden stated he would use his discretion-
ary fund to take care of it. This is rahy Mrs. Wright listed Item 'I'I - Clarification
of County Manager's Discretionary Fund on the Agenda.
Mr. Vaughan stated he had not been contacted concerning the temporary help.
Mrs. Wright stated memo was received by her on December 9th. Mrs. Wright stated
the Commissioners had their unofficial meeting on the '12th for discussion of another
item. Mr. Bowden asked about the time the meeting was breaking up if they would go
ahead and approve this request, and she refused to take part in it. Mr. Bowden stated
he would use his discretionary fund to go ahead and pay for the help. Mrs. Wright
asked why, because the minutes reflect when the discretionary fund was approved it
was meant to be used for urgent things that had to come up, such as investigations of
prospective personnel and things of that sort. The memo received had no hint of ur-
gency in it at all, and she felt it could have waited~until the next meeting. Mrs.
Wright stated she did~not know Mr. Bowden had contacted ar~yone by phone to get the
third approval. Mr. Bowden stated he and Mr. Grubbs both 4aere working on the same
thing, and he stated he would use the discretionary fund at that time because the
people from the Local Government Commission were asking for temporary help. There
was money available in the Salary Account of the Auditor's Office, and he was in
hopes to take them over for two weeks, he would have gone ahead and used the discre-
tionary fund. They have not needed the help and help has not been hired yet. Hope-
fu11y, help will not have to be hired.
Mrs. Wright asked if the Discretionary Fund, when it was set up, was intended
as a revolving fund that ar~y expenditures the County Manager spends out of it the
Commissioners will replace or is it a set fund for a year.
Mr. Oxenfeld read from the minutes of October '16th, which Mr. Bowden interpreted
as meaning after he had spent the ~500 and the Commissioners had reviewed the expendi-
tures he would request another $500 to carry on the businesses of the County that are
not included and covered in the budget.
Mrs. Wri~ht stated she understood the need for it, but there was no hint for
urgency in the letter which the Commissioners received just three da5=s before. Mr.
Bowden stated there should have been.
Mr. Grubbs stated the reason for the request in the first place the gentlemen
from the Local Government Commission were getting bogged down in clerical duties and
they needed some help right awas in order to get the task accomplished. Mrs. Wright
stated she had no hint these gentlemen were coming here to do t}ie work, and this was
a complete surprise.
Mr. Oxenfeld stated this is a necessary item pertaining to the new Fiscal Control
Act, and the maximum for the temporary help requested amounts to $'I60. Mr. Grubbs
did not ~e1 it would amount to this much.
Mr. Oxenfeld moved, seconded by Mr. Hall, the sum of up to $'I60 be authorized
to come from the Salary Account in the Auditor's Office. Motion carried unanimously.
~9~.
MINUTES OF MEETING, DECEMBER '18, ~972 - 9~0o A.M. (CONTINUED)
DISCUSSION OF HOSPITALIZATION COSTS - JUVEIVILE DETENTION C~iv~r~,x -
Mr. Ronald Knopf, Director, Juvenile Services Center, appeared requesting appropriation
for hospitalization costs at the Juvenile Detention Center. It was found that there were
no provisions for hospitalization made in the budget for the Juvenile Services Center.
There were provisions while these children were housed in the Jail under the Jail Budget.
There are provisions in the Juvenile Services Center budget for emergency Service':drhich
is-non=hosp3talization:~~~if tfiey go to the hospital for emergency treatment and are re-
leased, this is provided for. Hospital bills were sent to the Department of Social Ser-
vices who returned them because they were not covered by that budget. Mr. Knop£ estimated
it will take approximately $'I,000 to carry the Center through the fiscal year. Mr. Knopf
stated it t•ras his understanding Social Services has an agreement with the Jail but there
is no such agreement with the Juvenile Services Center. Mr. Knopf cited three recent
cases/~rhere children had to be admitted to the hospital.
Mrs. Wright raised question of whether fees received from other counties would take
care of their share of hospital expenses. Mr. gnopf stated the County does not have
agreements with any other counties at this time, and children are not accepted from other
counties and will not be until the County has contracts.
Mr. Vaughan moved, seconded by Mrs. Wright, $'I,000 be appropriated from the General
Contingency Fund for hospitalization costs at the Juvenile Services Center. Motion
carried unanimously.
REQUEST F:OR TRANSFER OF FUNDS - BOARD OF ELECTIONS -
This was a deferred item from last meeting when it was decided to request an itemized
list of the telephone expenses supporting the request. Such a list was furnished the
Commissioners supporting the $600 transfer.
Nrs. Wright moved, seconded by Mr. Hall,-request of the Board of ~2ections for trans-
fer of $300 from Account~ Number 'I'I-60'I (6upplies) and $300 from Account Number 'I'I-602
(Printin$ and Ballots) to Telephone Account Number 'I'I-603 be approved. Motion carried.
MUNICIPALITIES USING COUNTY'S REGISTRATION BOOKS TO CONDUCT ELECTIONS -
Mrs. Wright pointed out the municipalities do not share in the cost of the County's
Election office but use the County's registration books. Mrs. Wright stated the Board
of Elections is considering asking them to share in the cost o£ the maintenance of the
office because a part of the extra telephone expense is caused by their needs. Mrs.
Wright stated this should be kept in mind for budget discussions. No action was taken
on this item.
ADDITIONAL CLERICAL HELP - INSPECTION OFFICE -
This was another deferred item. Mr. Epling, County Engineer, furnished the Commis-
sioners a letter giving reasons for request for additional help. After discussion, Mr.
Vaughan moved, seconded by Mrs. Wright, the help be provided, and that the Personnel
0£ficer and County Manager search the County to see if there is anyone that is not £ully
needed in some other operation that could be placed in this position. Motion carried
unanimously.
COUNTY ATTORNE7' S STATII`TENT FOR SERVICES REivLr;tcED -
Mr. Bowden presented statements for services rendered by Mr. Fox in connection with
the cases of Cherry vs. New Hanover County, LeRoy Hooks vs. New Hanover County, and
Colonial Massage and Aealth Studio of North Carolina, Inc. These matters are being
handled on a regular fee basis as they are active litigations. Statements amounted to
$253.'10 on Hooks Case, $60.50 Cherry Case, and $883.55 Massage Parlor.
After discussion, Mr. Fox stated bill is based on time expended, priority it con-
sumes in the ofYice, results obtained, etc.
Mr. Fox stated it was his recommendation five years ago, and still is, that the
County have a full-time Attorney and legal staff. It will be expensive, but it will
have to come. The County will not be able to get anyone to come now until after the
Consolidation issue has been settled. Mr. Fox stated he had discussed this with Mr.
Bowden and others. Mr. Fox £eels the County should next year go to a law school and
try to recruit a graduating att~rney to come to work which will take until the £ollowing
September. He will have to be paid around $'10,000 to $'12,000 per year; then he will
have to be provided with an office, library, and secretary. This will cost approxi-
mately from $20,000 to $25,000 to start with. In addition to this, Mr. Fox recommended
the person associate with counsel when he gets involved in active litigation in a field
in which he has not had any in depth experience. Gradually, over a period of time, the
County will develop this person into a municipal attorney for which he will have to be
compensated. He will always, in Mr. Fox's opinion, be associating with outside counsel,
particularly in litigation.
Mr. Fox stated his office is now providing '75% of a full-time attorney.
Mr. Fox stated the County is furnished a time slip on what is done by his office
each day but he did not believe this covers everything, because he gets calls from the
public. These he does not keep a record of.
Mr. Oxenfeld moved, seconded by rr. Davis, the statements be approved. Motion
carried unanimously.
WATER RESOURCES CONGRESS MEETING, FEBRUARY 3-5. ~973 -
Mr. Bowden reminded the Commissioners the '19'73 National Conference of Water Re-
sources Congress has been set for February 3-5, 19'73, in New Orleans. In the past
Mr. Hall has been attending tb.is conference.
TRANSFER OF FUNDS IN COMMISSIONERS' OFFICE FOR SERVICE CONTRACT ON RECORDING MACHINE -
Mr. Bowden requested $38.00 be transferred from Capital Outlay, within the Commis-
sioners' budget, to cover maintenance contract on the new recording machine.
Mr. Vaughan moved, seconded by Mr. Davis, approval of the transfer. Motion carried
unanimously.
~~~
MINUTES OF MEETING, DECEMBER '18, ~972 - g:oo A.M. (CONTINUED)
RENOVATION OF SOCIAI, SERVICES BUILDING - FOURTH I'LOOR -
Mr. Bowden stated bids will be out and received sometime the latter part o£ January
for renovations to the fourth floos of the-Social Sesvices Building.
CONSIDER.ATION OF APPOIN`i'MENT OF MRS. WRIGHT AS COMMISSION MEMBER TO NEW HANOVER MEMORIAI
HOSPITAL BOARD -
Nr. Vaughan stated he was particularly interested in getting Mrs. Wright appointed
to the Hospital Board; she is a young and vigorous person who can do a lot o£ good. Mr.
Vaughan stated he had been requested to see that another woman be put on the Board and
possibly more. Mr. Vaughan nominated Mrs. Wright as the County Commission member on
the Hospital Board.
Mr. Davis suggested the Board wait until the Commissioners are furnished a complete
committee list before taking action. Mr. Oxenfeld stated the Clerk to the Board has been
working on the list, but has not been able to complete it, and he suggested waiting until
list is completed and in the hands of the Commissioners. Mr. Vaughan stated he did not
feel one person should stay on the Board all the time.
Mr. Hall stated the Commission member serves on the Hospital Board at the pleasure
of the Board of Commissioners.
DISCUSSION TRAFFIC HAZARD ON ROAD IN FRONT OF CAPE FEAR MEMORIAI, AOSPITAL -
Mr. Vaughan requested the Chairman write the Highway Department and advise them it
has been noted there is a hazard at this location, ask them to investigate it, and de-
cide whether they feel some changes are in order. By common consent this was agreed to.
TRIBUTE TO CONGRESSMAN AI,TON LEIdNON -
Mr. Davis stated recently Congressman Lennon was honored by other Counties on the
eve of his retirement, and he thought New Hanover County should recognize the service
he has rendered by presenting him with a plaque or some momento. '
Mr. Oxenfeld stated a resolution from New Hanover County was presented to him.
Mr. Vaughan stated he felt it was redundant now to do something.
SA?~ARIES OF COUNTY COMMISSIONERS
Mrs. Wright stated the County Attorney had correspondence from the Institute of
Government and Attorney General to the effect that salaries of the County Commissioners
cannot be reduced until the next budget comes up. Mr. Fox concurred with Mrs. Wright's
statement.
OVERTIME PAY FOR SHERIFF DEPUTIES -
Mrs. Wright stated she had been advised the overtime pa~ authorized for the deputies
had been used up. Mr. Bowden will check into this with the Sheriff.
ADJOURNMENT -
'I'here being no further business to come before the Board, meeting adjourned at
2:'IO P.M.
Respectfully submitted,
Hazel Savage
Clerk to the Board
/hs
Mailed '12-2']-72
MINiTTES OF MEETING, JANUARY 2~ ~973 - g:oo a.M.
ASSEMBLY
The regular semi-monthly meetin~ of the New Hanover County Commissioners was held
on the above date and time in the Commission Buildin~ with the following present:
Chairman John R. Oxenfeld, Commissioners Peter R. Davis, J. M. Hall, Jr., M. H. Vaughan,
Vivian S. Wright; County Attorney James C. Fox; County Mana~er I,aurence 0. Bowden; and
Hazel Savage, Clerk to the Board.
INVOCATION -
Chairman Oxenfeld called the meeting to order and in the absence of the scheduled
minister asked Mrs. Wright to give the invocation.
APPROVAL OF MINUTES - REGUI,AR ~TING DECEMBER '18, '1972 '-
Mrs. Wright moved, seconded by Mr. Hall, minutes of regular meeting December '18,
'19']2, be approved as written. Motion carried unanimously.
TRANSFERS OF FUNDS - CHAIRS COMMISSIONERS' CHAMBERS -
Mr. Patrick G. Ross, Covnty Auditor, requested transfer of $600 from the Commis-
sioners' Capital Outlay for the purchase of 24 chairs which Mr. Bowden was authorized
to order for the Commissioners' Chambers. Mr. Hall moved, seconded by Mr. Davis, re-
quest be approved. Motion carried unanimously.
OVER REMITTANCE OF TAX COLLECTIONS TO AUDITOR -
Mr. Hoss informed the Board he was in receipt of letter from Mrs. Janie B. Straughn:,.
Collector of Revenue, statin~ audit covering '19'7`I tax collections for the fiscal year
ending June 30, '19~2 shows an over remittance in the amount of $2,525•56 to New Hanover
County. P1rs. Straughn requested check to cover this amount.
Mr. Hall moved, seconded by Mr. Vaughan, the amount of $2,525•56 be refunded to the
Collector of Revenue, £unds to come from the current year's collection of '19']'I taxes.
This will be proprated over funds that normally share in taxes. Motion carried unanimousl3r,