1973-02-19 Regular Meeting~
~~a~
.MINUTES OF MEETING, FEBRUARY 5, ~973 - 9~0o a.M. (CONTINUED)
OPEN LETTER FROM MARY 0. THOMPSON, ASSISTANT PRINCIPAL, HUMAN RELATIONS TO COMMUNITY
LEADERS OF NEW HANOVER COUNTY -
By common consent this will be discussed at the February '19th meeting.
ENTRANCE ROAD TO HUG13 MACRAE PARK -
By common consent item will be discussed at the February '19th meeting.
JUVENII,E SERVICES CENTER - '
By common consent, at Mr. Vaughan's suggestion, it was agreed to write Mr. Ronald
Knopf letter commending him on his services and the system at this facility.
ABC~REHABII,ITATION FUNDS -
By common consent item will be discussed at February '19th meeting.
CIVIL Dr,r~N3E AGENCY REQUEST FOR ADDITIONAL TIME A21I~OWANCE FOR Tf~ DIRECTOR -
Mr. Hall moved, seconded by Mrs. Wright, the request for additional time allowance
in amount of ~3~83 from July 'I, '19']2, be approved. Reason for request is due to fact
one employee works fewer hours and Mr. Harriss makes up for part o£ this time. No addi-
tional funds will be required. A savings is reflected in amount of ~~393, dif£erence in
the employee's previous hours and Mr. Harriss' additional hours.
ADJOURNMENT -
There being no further business to come before the Board, Mr. Vaughan moved, seconded
by Mrs. Wright, meeting adjourn at 2:00 P.M. Motion carried unanimously.
Respectfully submitted,
(Mrs.),Hazel Savage
Clerk to the Board
HS/wg
MINUTES OF SPECIAL MEETING, FEBRUARY '15, ~973 - 9:0o A.M.
ASSEMBLY -
Special Meeting of the New Hanover County Commissioners was held on the above date and
time in the Commission Building with the following present: Chairman M. H. Vaughan, Commis=
sioners J. M. Hall, Jr., Peter R. Davis, Mrs. Vivian 6. Wright; and Hazel Savage, Clerk to
the Board.
WAIVER OF NOTICE OF HEARING -
Mr. Hall moved, seconded by Mrs. Wright, three day notice required for meetir~ was
waived. Motion carried unanimously.
FILLING OF VACANCY OF BOARD OF COUNTY COMMISSIONERS -
Mr. Hall moved, seconded by Mrs. wright, that the vacancy on the Board be filled by
Mr. W. Douglas Powell. Motion carried unanimously.
Mr. James G. Mcgeithan, Clerk of Superior Court, administered oath of o£fice to Mr.
Powell. •
TIME OF ivr.x~l~ REGULAR MEETINGti FEBRUARY '19~ 'Iq73 -
Request Qf Mr: Davis for meeting to be held at 8:00 A.M. because he had to leave early
was discussed. By common consent it was a~reed to hold meeting at this time.
ADJvutuvrlENT -
There being no further business to come before the Board meetin~ was adjourned.
Respectfully submitted,
Hazel Savage
Clerk to the Board
HS/wg
NINUTES OF MEETING, FEBRUARY '19~ ~973 - 8:0o A.M.
ASSEMBLY - ~
The regular semi-montlily meeting of the New Hanover County Commissioners was held on
the above date and time in the Commission Building with the following present: Chairman
M. H. Vaughan, Commissioners Vivian S. Wright, J. M. Hall, Jr., Peter R. Davis, W. Douglas
Powell; and Hazel Savage, Clerk to the Board.
County Attorney, James C. Fox, was absent.
INVOCATION -
Mr. Vaughan called the meeting to order and in the absence of the scheduled minister
asked Mr. Hall to give the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 5, ~973
SPECIAL MEETING, FE$RUARY 20, '1973 -
Mr. Davis requested following corrections to minutes of February 5, ~973~ ~ Page
'13, last paragraph, first sentence should read': "Mr. Homer Davis..."; On Page '14, last
paragraph, first sentence should read; "Mr. Davis...".
~~9
MINiTTES OF MEETING, FEBRUARY ~9, ~973 - 8:00 A:M. (CONTINUED)~
APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 5, ~973
SPECIAL MEETINGx FEBRUARY 20, '1973 (CONTINUED) -
Mr. Hall moved, seconded by Mr. vavis, minutes of February 5th be approved as corrected
and minutes of February '15th be approved as written. Motion carried unanimously.
APPOINTMENT CHAIRMAN OF THE BOARD OF COMMISSIONERS -
Mr. Hall moved, seconded by P1rs. wright, that Mr. M. H. Vaughan be nominated as Chairman
of the Board of County Commissioners for the ensuing year. There were no other nominations.
Motion carried unanimously.
REPORT OF COI,LECTOR OF REVENUE -
Mrs. Janie Straughn~; Collector of Revenue, presented the following report on collections
during the month of January, 'Ig'73: Total Charged $6,390,03~.59, January Collections ~644,30~.'13,
Total Collections to date $5,844, 044.55; Balance Outstanding of '1972 Levy $545,933.04. This
represents collection of 9'1.4% of the '19'72 levy as compared to 90% this time last year. Back
Taxes collected during January $20,'793•37, Total Back Taxes collected to date $'136.935•7~;
Outstanding Delinquent Taxes (Years '19'J'I and prior) $296,'13'].32. Collection of delinquent
taxes have been far greater this year than last. Delinquent personal property taxes collected
during January $8']2.06; Total delinquent personal property taxes collected to date ~6,9'10.27.
ABATEMENTS AND REFUNDS -
P1r. Powell, Tax Administrator, presented the following abatements and refunds:
"The following taxpayers listed personal property in Wilmington Township
and were charged City taxes. Request the City taxes be released as the personal
property is not in the City limits.
'I. Victor Gore, III Request abatement of $2'7.60.
2. Charles David Prince Request refund of $32.'70.
Request' an abatement of Carolina Beach taxes in the amount of $26.38 for
Patricia Cleaver. Carolina Beach taxes charged to Mrs. Cleaver as she listed
in Carolina Beach Township, however; her residence is at Davis' Trailer Park
which is not in the City limits of Carolina Beach.
Request an abatement of $'I.00 for Mr. I,arry Allen Bartlet for dog tax which
was listed by Mr. Bartlet and also his father.
Request an abatement of ~6.97 for Mrs. Evelyn H. Berry for household furniture.
Mrs. Berry listed household £urniture, however; she lives in a furnished apartment.
Request a refund in the amount o£ $'19.'I'I for Mr. Henry E. Hough, his house
trailer was mispriced.
Request the following abatements of '1969 taxes as they were double charged:
'I. Ruth Zee Simmons Abate $'10'1.66, as this was double charged with
Maurice F. gelly, Jr.
2. Walter L. Whitehurst; Abate $'i32.~0 as this was double charged with
Blake's T.V. Service'."
Mrs. Wright moved, seconded by Mr. Hall, abatements and refunds outlined in Mr, Powell's
memo o£ February '13, '19'73, be approved. Motion carried unanimously.
FOUR-MONTH AUDIT NEW HANOVER COUNTY - CHERRY, BESAERT & HOTII,AND -
The County ~iuditor presented the members of the Board with a copy o£ four-month audit
as of October 3'I, '19~2. This was required because of change of County Auditors. Mr. Ross
stated the audit shows everything in order and asked for authority to release Mr. Shepard
and Mr. Powell from their fidelity bond.
Mr. Hall moved, seconded by Mrs. Wright, that upon recommendation of the Auditor, the
Board release Mr. Shepard and Mr. Powell from the fidelity bond. Motion carried unanimously.
APPROVAI~ FINAI, BILL FROM ERIC HILL ASSOCIATES, INC. -
Final bill in amount of $'I,000 from Eric Hill Associates for services rendered in pre-
paration of a Location Study of a Joint Governmental Complex for Wilmington-New Hanover County
was presented by Mr. Ross. $'10,000 was budgeted for this item; $3500 has already been paid
Eric Hill so this $'I,000 will make total of $4500 paid Eric Hill, leaving balance in account
'~`o£ $5500 unexpended.
Mrs. Wright moved, seconded by Mr. Hall, approval be given for payment of the bill.
Motion carried unanimously.
BILL FROM NORTfI CAROLINA DF~PARTMENT OF CORRECTIONS -
Bill from the Department of Corrections in amount of $481.50 for safekeeping of a prisoner
on appeal of sentence was presented. Mr. Ross recommended payment be made Yrom the extra money
received from '1969 taxes.
Attention was called to letter, dated February '16, ~9~3, from the North Carolina Associa-
tion of County Commissioners sta~ting its Board of Directors had adopted a legislative policy
that these costs be borne by the State and not the Counties. By common consent it was agreed
Mr. Vaughan write our legislators about the problem.
Mr. Davis moved, seconded by Mrs. Wright, the bill be paid, funds coming from extra
money received from 1969 taxes as recommended by the County Auditor. Motion carried unani-
mously.
APPROPRIATION TO WII,MINGTON PUBI,IC I,IBRARY -
Miss gatherine Howell, Zibrarian, and Mr. Zouis Poisson, member of Zibrary Board, were
present.
~~~
MINUTES OF Ng,'ETING, FEBRUARY 'i9, ~973 -$~00 A.M. (CONTINUED)
APPROPRIATION TO WILMINGTON PUBLIC I,IBRARY (CONTINIIED) -
Request for appropriation in amount of $3,866.6'] to the Wilmington Public Library
was presented. Request is necessary because the Library Service and Construction Act,
Title I was not funded for this year which reduced the Effort Grant the Library has been
receiving from the State Zibrary in amount of $'10,600.00. This would reduce the local
library's book fund almost one-third.
Request from the County is figured on same basis as budget of two-thirds City, one-
third County and one-half for the Branch and if granted will enable the library to main-
tain its Book Fund Account at $3'I,000.00 as adopted in the budget.
Mr. Ross recommended funds come from the refund from the Lower Cape Fear Planning IInit;
Federal share of the Juvenile Detention facility.
Mrs.~Wright moved, seconded by Mr. Davis, appropriation be made, funds coming from the
source recommended by Mr. Ross.
Discussion was held on need for additional space at the library, and whether or not
there is a program for seeking large personal donations. By common consent it was agreed
Mr. Vaughan be requested to appear before the Zibrary Board and express to them the Commis-
sioners' strong feeling that they utilize every avenue possible to get this type of £und to-
wards the new I,ibrary.
Discussion was held on consideration (after Consolidation Issue is settled) of possibility
of the County contributing a larga percentage to theI,ibrary; Mr. Hal1 was of the opinion
before doing this the Board should consider some compensation at least from the proportion of
the ABC funds. Mr. Poisson pointed out in the past the library could not be supported by tax
funds, but new legislation has changed that and it is now permissible.
APPROPRIATION TO MENTAL HEAIfrH FOR REPLACEMENT OF STOLEN TYPEWRITER -
xequest was received for an appropriation in the amount of $5']0.96 to cover purchase of
an IBM Selectric II Dual Pitch t~pewriter to replace one which was removed from the office
of Mental Health when it was broken into on January 25th.
Mr. Ross recommended funds come from the refund from the Lower Cape Fear Planning Unit
on the federal share of the Juvenile Detention facility.
Mr, Hall moved, seconded by Mrs. Wright, appropriation be made, funds coming from source
recommended by Mr. Ross, if Mr. Ross finds to his satisfaction this is the necessary kind of
typewriter. If not, lower series be purchased. Motion carried unanimously.
CONTRACT ADNSTMENT - COURTHOUSE REPAIRS AND RENOVATIONS -
Mr. John Jefferies, Architect, stated all contracts awarded for renovation of the Court-
house contained specifications of a contingency of 5%. This item was supposed to have been
included in Jordan-Blanton-Myers bid. This was done to be able quickly to make adjustment
as they went throu~h the old buildin$. The 5% contingencq has in some cases been le£t intact
and credited to the County. In a couple o£ the contracts the contingency was used. In the
case of Jordan-Blanton-Myers it was used a little in excess with the approval of the previous
Board. Some things were actually added to the, contract in the completion of it, and the
County realized there were a couple of areas they would like to include in their contract
that was not originally included in the contract, and the idea was to use some of the con-
tingency money. The General Contractor and the Electrical Contractor had picked up this
item in the specifications that this contingency be included and there was no problem.
Contingency which was not used by these contractors has been credited and the County will
not pay it, Jordan-Blanton-Myers on the other hand somehow misconceived it because in
State work, which they do a tremendous amount of, the contingency is not included in their
bid but it is an item that is more or less between the State o£ North Carolina and the
Architect to come up with items that will be used, but it is not generally included in the
contractor's bid, so they missed it. The contin$ency work amounted to $'127'I. The arcfiitect
has already written and approved the change order for the excess that was spent on his con-
tract which was approximately $'130 or $'140. Jordan-Blanton-Myers admit they made an error.
Mr. Jefferies stated the work was done in good faith in a most satisfactory manner arid in a
great spirit of cooperation with the contractor, architect and Mr. Epling's office. The
County has received value for work done that was not included in this person's contract.
Until this came up, the total allocation for this work had been reduced $'J']6.3'I. This
is the unused portion of the contingency. The $'1271 will in effect mean that the County
will be spending $494.69 over the total funds appropriated for this work: Mr. Je£feries
requested the County grant Jordan-Blanton-Myers the additional ~12'71.
Mr. Vaughan raised questinn of whether this firm would have received the contract if
the 5% contingency had been included in his bid. Mr. Jefferies stated he would not;
Temperature Control had the 5% in their bid. Mr. Jef£eries stated he did not know.
Mr. Hall moved, seconded by Mr. Douglas Powell, that payment be made in an amount
not to exceed the amount which would have been paid if the County had accepted the second
lowest bid and adjustment the County Ehgineer feels~is necessary in the second man's bid
for work that was added to it. Mr. Vaughan will make decision on this. Flinds to come
from source recommended by Mr. Ross.
Mr. Je£feries stated that a fair amount of work was added that was not in the origi-
nal contract which would have changed the second lowest bid as well. Mr. Jefferies stated
work would have had to be added to the second lowest bid as well. ~
Vote was called and motion carried unanimously.
DISCUSSION OF ROAD PRIORITIES WITFI DISTRICT HIGHWAY COMMISSIONER ISABEL HOLMES - ~
Mrs. Holmes stated Mr. Lentz ~ad requested the District Highway Commissioners to
meet with all the County Commissioners in their divisions and let them l~ow they would
be serving as liaison. Any requests the County Commissioners have will be taken to Raleigh
by the Highway Commissioners.
~<.)~
MINUTES OF MEETING, FEBRUARY '19, ~973 - 8:00 A.M. (GONTINUED)
DISCUSSION OF ROAD PRIORITIES WITfi.DISTRICT HIGHWAY COMMISSIONER ISABEI, HOI,MES (CONTINUED). -
Mrs. golmes stated she felt the Count9 Commissioners,should make recommendations to the
State Highway Commission but not ,to, the extent it would put the County Commissioners in
trouble with the people they represent; the Highway Commission wants to listen to the County
Commissioners but want the responsibility of the action in-the e~e of the people.
The Commissioners discussed the Leland road project; Mrs. Holmes stated an environmental
statement is making the,rounds of 13 State Agencies and '16 Federal Agencies and should be ap-
proved by March or April, earliest bids probably will be let in August or September and road
four-laned at the earliest in two years. Mr. Vaughan requested Mrs. Holmes request accelera-
tion of this project by asking more funds be put in it.
5econdary roads were discussed. Mr. Davis stated he had received complaints about the
State not taking them over for maintenance. Mrs. Holmes stated it was probably because they
did not meet specifications.
By common consent it was agreed to request the County Engi.neer to initiate action with
the State to make inspections before the Board relieves the developer of the bond.
Mr. Davis requested Mrs. Holmes to check on Horn Road, located off of Carolina Beach
Road, to determine why it has not been taken over by the State.
Mr. Vaughan requested Mrs. Holmes to compare the situation with one on Greenville Sound,
a comparatively wealthy subdivision on the back corner, where the State built a road at no
cost to the people.
Mr. Vaughan spoke with regard to need of arteries on Market Street, Castle Hayne Road,
and Masonboro Road.
Mr. Vaughan discussed entrance to Hugh MacRae Park stating park is being used as•a
thoroughfare. Mrs. Holmes stated this would be less an artery if it weTe blocked of£ on
the Oleander side and had an opening on Pine Grove Avenue; it would be used less as a traffic
route.
Letter from Jack Murdock, Secondary Roads Officer, State Highway Commission, dated
February 2nd, and furnished the Chairman by Mr. Morrisey, regarding paving priorities for
Secondary Roads was discussed. Mrs. Holmes suggested letter be written Mr. Morrisey k~ith
copy to her.
Meeting recessed to Courthouse 9~25 A.M.
Meeting reconvened at 9:40 A.M.
PUBLIC HEARING - SPECIAI, USE PERMIT REQUEST -
Mr. Uaughan declared Public Hearing open for discussion of following Special Use Permit
, Request:
Application for Special Use Permit to use property located approximately
2,300 feet esst o£ a point in the Carolina Beach Road (U. S. Highway 421),
said point in the Carolina Beach Road being approximately 826 feet south
of the intersection of Carolina Beach Road and Masonboro I,oop Road for a
cable television tower in a R-'15 (Single Family District) in Zoning Area
No. 4.
Mr. Mallory stated the Planning Commission reviewed the request, checked the location
of proposed tower, and height of tower with reference to the proposed New Hanover County
Airport Height Zoning Ordinance. There was no conflict in this proposed structure and
proposed ordinance. The Planning Commission recommends issuance of special use permit
subject to the plans as submitted with the application for special use permit.
There was no opposition to this request. Mr. Davis moved, seconded by Mr. Powell,
approval of the issuance of special use permit as recommended by the Planning Department
and Planning Commission. Motion carried unanimously.
Mr. Davis was excused from the meeting at 9:5o a.M.
DISCUSSION OF SOIL EROSION AND SEDINlENT CONTROL REGULATIONS - ~
Mr. 1°lallory staLea tinere are Ullls $WO cities in the 6tate, Raleigh and Winston-Salem;
and two counties, Forsyth and Wake, that have authority from the General Assembly to regu-
late soil erosion and sediment control. A presentation was made by Mr. Samuel Cox, U. S.
Soil and Conservation Agent, who showed slides of soil erosion problems and sedimentation
damage throughout the County.
Mr. Cox stated if the County had authority to require grassing of shoulders and areas
around and above ditches, this would eliminate the problem. Also, Mr. Cox felt like a curb
and gutter system throughout the County would help alleviate the problem.
Mr. Mallory stated the Plannin~ Commission at their last meeting voted to recommend
to the County Commissioners it request authority from the General Assembly to enact soil
erosion and sediment regulations while the I,egislature is in session. The Chairman of
the Planning Commission received a letter from Mr. J. D. McCarley, Chairman, Sdil and
Water Conservation District, who also made this request to the County Commissioners and
Planning Commission that the County obtain the authority. Mr. Mallory suggested the County
request New Hanover County be included in enabling le~islation for Wake and Forsyth Counties.
This would require public hearings. Enabling legislation does not implement any regulations
on anyone; it gives the Count~ authorit9, but would have le~islation later if it were de-
cided to do so.
Mr. Hall moved, seconded by Mrs. Wright, that the Board proceed immediately to attempt
to get this legislation passed. Motion carried unanimously.
~e)~
MINUTES OF MEETING, FEBRUARY '19, ~973 - 8:00 A.M. (CONTINUED)
DISCUSSION OF SOIZ EROSION AND SEDIMENT CONTROL REGULATIONS .(-CONTINUED) -
1°lr. Vaughan pointed out this information has to reach our le~islators by March 5th;
the deadline for local legislation is March '15th. By common consent it was agreed to
give Mr. Mallory the responsibility of coordinating this action and working with Mr. Fox
and the legislators to see this is done. Mr. Douglas Powell suggested in drafting the
ordinance they might want to talk with the President of the Local Contractors Associa-
tion.
By common consent it was agreed the
Association, and advise them Mr. Cox has
is asking for enabling-legislation. The
and urged them to invi~e Mr. Cox before
action on their own behalf as rapidly as
blem.
Chairman be authorized to write the Contract¢~s'
appeared before the Commissioners,and the Board
ordinance will be a matter of public hearing
their Board to present his pictures and to take
possible to bring about cessation of this pro-
Mr. Clarence Marshburn, property owner of Holland Drive, stated he felt this is exactly
what is needed in the County, but would like for the developer to be required to provide
runo£f o£ water, to prevent damage to lower property owner's land.
DISCUSSION OF RECOI~lMENDATION OF P7~AlvlvlivG COMrYISSION PERTAIPIING TO CHANGES IN NORTH CAROI,INA
GENERAL STATUTES FOR SUBDIVISION REGU7~ATIONS -
Mr. Mallory stated enabling legislation for County Subdivision control from the
General Assembly is much different than that authorized for the City. The County regula-
tion is really a platted regulation which does not allow theCounty to require much in re-
quired improvements other than the installation of a road to meet minimum construction
requirements of the State Highway Commission which does not really require paving of streets.
The City is authorized, in territory controlled by the City, to require higher levels of
improvements.
Mr. Mallory stated one of the reasons the County Commissioners allowed the City to go
up to three miles be9ond its limits in regulating subdivisions was because the County en-
abling legislation does not give this authority to the counties where it does ~ive it to the
City, and the City could control the three miles beyond the City limits with higher level of
improvements. It was discussed once the County had this au:thority the City would be re-
quested to return this authority. The Planning Commission and Subdivision Review Committee
have requested the Commissioners request authority £rom the General Assembly to require addi-
tional improvements in suBdivisions. Mr. Mallory stated the County enabling legislation is
being rewritten and the draft for the re-write includes the counties to have this authority,
and if this is adopted the County will not need to do anything. In the adoption, if this
segment is stricken £rom the re-write, the County will not have the authority. The Plan-
nin~ Commission recommends requesting, in case the re-write of the General Statute for
subdivision control does not have this authority, that New Hanover County be authorized
this authority as several other counties in the State.
Mr. Hall moved, seconded by Mr. Powell, Mr. Mallory prepare a proper letter for the
legislators to grant this authority to New Hanover County. Motion carried unanimously.
ENTRANCE ROAD - IiUGH MACRAE PARK -
Mr. Hall moved, seconded by Mr. Powell, recommendations of North Carolina Highway
Commission as to closing and alternate route of traffic off of Oleander Drine near the
Masonboro Loop Road be approved and following resolution be adopted: Motion carried
unanimously.
'STATE OF NORTH CAROI,IIQA
RESOLUTION
COUNTY OF NEW HANOVER
wnr:ic~AS, The New Hanover County Board of Commissioners have met with
the Highway District Engineer and are apprised of the serious safety hazards
at the entrance to Hugh MacRae Park and,
WHEREAS, by correspondence the Commissioners' awareness of this safety
hazard has been renewed and,
47HERE, the New Hanover County Board of Commissioners seek to improve
the conditions that exist in and around the Hugh MacRae Park entrance,
NOW, THEREFORE, BE IT RESOZVED that the New Hanover County Board of
Commissioners seek relief from this hazardous situation by requesting,the
Highway Department to devise an improved method of ingress and egress at
Hugh MacRae Park to eliminate or materially reduce the hazards.
Adopted this '19th day of February, ~9~3
(s) M. H. Vaughan ,
Chairman
(s) J. M. Hall~ Jr.
(s) Vivian S. Wright
(s) W. Douglas Powell
Attest:
(s) Hazel Savage
Clerk to the Board
ADOPTION FIAOD INSURANCE RESOLUTION -
At Mr. Vaughan's suggestion, by common cons~ent it was agreed to refer this matter to
the Planning Department and County Attorney and ask Mr. Mallory to come in at next meeting
£or discussion of the proposed resolution.
I -' /
MINUTES OF MEETING, r~nxUAI~Y ~9, ~973 - 8:00 A.M. (CONTINUED)
SAI,E OF CITY-COUNTY OWNED PROPERTY - SOUTHWEST CORNER OF SOUTFi ~7TH AND MARSTELLER STREETS -
After discussion of present policy for selling City-County owned property set out in
minutes of August 2~, ~9~2, Mr. Hall moved, seconded by Mr. Powell, the Chairman be authorized
to make arrangements for the sale of this property upon completion of the requirements set out
by the Board of Commissioners on August 2~, ~9~2. Motion carried unanimously.
REPORT FROP1 LOWER CAPE FEAR WATER AND SEWER AUTfiORITY -
Mr. M. C. Srown, Chairman, Mr. W. B. Beery, III, Member, and Col. William K. Shaffer,
F~ecutive Director, Lower Cape Fear Water and Sewer Authority were present.
Mr. Brown began his report by naming officers of the Authority, counties, as well as
City of Wilmington, which are members and stated it is a non-profit, public, governmental
corporation or$anized under State law for water and sewer operations on a regional basis.
Goal is construction of a large new water supply pipeline from the I,ock and Dam No. 'i on the
Cape Fear River at gings Bluff to a reservoir in the vicinity of Navassa to brin~ raw water to
the members of the Authority._ Objective is to make raw water available and selling it on a
wholesale basis to municipalities, counties and industries. Financing would be accomplished
by grants from the State of North Carolina and various agencies of the Federal Government and
balance being obtained by sale of revenue bonds. Purchasers who contract for raw water would
pay off the debt service of the revenue bonds; thus no additional taxes would have to be levied.
Requirements for raw water from the proposed pipeline project will exceed '100 million
gallons per day for the year 2020. A 60-inch nipeline will deliver 90 million gallons per
day; 48-inch will deliver 45 million gallons per day.
A Planning grant of $'150,000 has been approved by the Coastal Plains Regional Commission.
One-third of these federal funds have been furnished the Authority through the State, and pre-
liminary planning is currently underwa~. Cost estimate and the engineering reports necessary
to obtain pro,7'ect approval and grants for design and construction of the project are being
prepared. A$2-million commitment for the project has been made by the Department of Commerce
Economic of Aousing and Urban Development, the Coastal Plains Regional Commission, and the
State oP North Carolina. The State's Clean Waters Bond Act will permit 25% funding. The
Farmers Home Administration is authorized under their Rural Development legislation to loan
funds to guarantee the revenue bonds.
Cost of the project will be '12 million dollars.
Mr. Brown stated within a very short time preliminary figures will be available which
will enable the Authority to begin talking with anyone that wishes to buy water.
DISCUSSION SUBDIVISION DEVELOPMENT IN NEW HANOVER COUNTY BY SUHVE.'YORS -
Surveyors of New Hanover County protested to the County Commissioners for delays, "red
tape", and in their opinion, lack of qualified planners in the Planning Department.
H. M. Zoughlin, M. F. Underwood, Jack Stocks, George Lossak, and Robert H. Goslee spoke
outlining specific instances in which they felt they had been held up unnecessarily.
The surveyors made the following recommendations: One subdivision ordinance for the
County and the City; Zoning Ordinance should be combined; regulation and scope of responsi-
bility of Planning Department should be limited to the overall approval of the lot layout
and street layout of an~ particular subdivision; Planning Commission should be restructured
to include people that are primarily concerned with land use and la n3 development; and the
Planning Department should also be restructured and professional planners with degrees and
planning should be hired and funds allocated to pay salaries of such people.
Mr. Vaughan assured the surveyors the members of the Board of County Commissioners are
seriously concerned with their problems and will begin administrative measures to solve them
to the greatest degree possible.
Meeting recessed at 'I'1:45 A.M.
Meeting reconvened at 1'1:55 A.M.
HANGING OF PRESIDENT NI%ON'S PICTIJRE -
By common consent it was a~reed Mr. Vaughan appoint Mrs. Wright and Mr. Davis to select
the groper place to hang the portrait of President Nixon.
Mr. Hall raised question of pictures of former Commissioners which are now stored in
the garage. Mr. Vaughan asked Mrs. Wright and Mr. Davis to discuss these also.
STATEWIDE KINDERGARTENS -
Dr. Heyward Bellamy and Dr. E1 Clark were present for discussion of pending legislation
before the General Assembly.
Dr. Bellamy stated he does not have any kind of resolution from the School Board, but
he has talked with a number of the members and thes support the concept of public kindergartens.
-r. Bellamy stated there is tremendous support for a new bill which calls for a six-
year program through the State on a staggered scale costing for the first year $'I'1,644,000
and second year $'18,03'I,000 so that by Beptember of '1978 there would be at least available
to every system in the State a public kindergarten. There are provisions that at every
sta~e of the development of the kindergarten to allow the school system to go as far as it
can go. They suggest not less than '16% the first year, 25% second, 45% third, 65% the £ourth,
85% fifth, and '100% by September of '1978-
Dr. Bellamy stated this will require more buildings and buses.
Dr. Bellamy stated they consider it an essential program and feel the pilot program,
which the New Hanover County School System has participated in, has for North Carolina proved
the worth of the program.
Dr. Bellamy stated, in his opinion, other things are very essential, and more so, at this
time such as extended term for teachers.
~~ ~
~!'~
MINiTTES OF I`ZEETING, FEBRUARY '19, ~9~3 - s:oo A.M. (CONTINUED)
STATEWIDE gINDERGARTENS (CONTINUED) -
Mrs. Wright asked if }Sindergartens will be compulsory., Both Dr. Bellamy and Dr.
Clark stated it will not.
Dr. Bellamy stated it is a concept that is ready to happen. If not now, in the
very near future in North Carolina,hopeYully as soon as the schools can afford it without
hurting some o£ the very fine programs that are on the books and have some priorities al-
ready astablished by the State Board of Education.
A Pre-School Clinic is done in early Spring ~vhich will enable the School Board to get
some estimates of the potential for kindergartners by the time of preparation of the up-
coming budget.
Mrs. Wright asked Dr. Bellau~y whether he would suggest the Board support pending
bill or not take a stand either way.
Dr. Bellamy stated he supported the concept, but he is not in a position to say how
to write the bill or how soon to do it. Dr. Bella~y stated there are things still undone '
in grades one through twelve; ten months for teachers, pay scale has to be supported in
order to hold qualified teachers, and then the aspect of the kindergarten as soon as it
could be afforded. •
PROPOSED BILL - REfIABILITATION OF ALCOHOLICS -,
By common consent it was agreed Mr. Hall be appointed to determine what the proposed
bill is about and report back to the Board.
OPEN LETTER "OPERATION AWAx~;iv~SS" - MARY 0. THOMPSON - ~
By common consent it was agreed ;~he Chairman write Mrs. Thompson that the County Com-
missioners are much impressed with her communication, and the reason the Board has not taken
action at the present time the depth is so great that it needs time to comment on it.
TAX RATIO - ~
Mr. Hall moved, seconded by Mr. Powell,
that the tax ratio remain at the '100% and
following resolution be adopted: _
Motion carried unanimously.
"STATE OF NORTH CAROLINA:
RESOLUTION
Cvuiv•1t OF NEW HANOVER:
Wf~REAS, General Statute 105-284 reguires the Board o£ County
Commissioners to adopt a percentage for the purpose of taxing properties
within the County, and •
47HEREAS, the New Hanover County Board of Commissioners have met with
representativas of the Municipalities of New Hanover County, as reguired by
General Statute 105-284, and
WI~REA,S, These representatives have stated the 100'~ Assessment Ratio
would be acceptable to them,
THEREFORE BE IT RESOLVED, THAT THE New Hanover County Board of
Commissioners adopt 100% as the Tax Assessment for the year - 1973•
Dated at Wilmington, N. C. this 19th day of February, 19'73.
Chairman
Commissioner
Commissioner
Commissioner
~
Commissioner
DEVELOFER'S CONSIDERATION -
Mrs. Wright moved, seconded by Mr. Powell, that the Developer's Consideration be
removed.
Mr. Hall made a substitute motion the Developer's Consideration remain in effect for
this year. Mr. Hall's substitute motion died for lack of a second.
Mr. Powell raised question of legality of matter.
Mrs. Wright felt it should be done away with now because the Commissioners are
legally liable for anyone's ~suit in the County i£ they allow any type of consideration
that is not lawful.
Mr. Perdue, President of the Board o£ Realtors, spoke saying Developer's Consideration
is a misnomer. Designation should be undeveloped lot tax assessment and should apply to
all and should continue until a house is placed on it.
After further discussion, vote was called on motion. Vote was tied two to two;
Mr~ 4lright and Mr. Vaughan voting "Aye;" Mr. Powell and Mr. Hall voting "No."
By common consent it was agreed to hold Special Meetin~ on Monday, February 26, ~9~3
at 9~00 A.M. for decision on this matter.
@3e)~~
. Puivu•r~,S OF MEETING, FEBRUARY 19, 1973 - 8:00 A::M. (CONTINUED)
LETTER FROM HOUSE COMMIR'TEE OF ROADS. b'EBRUA&Y 7~ 197'~ -
By common consent it was agreed each of the Commissioners reply to Chairman of the House
Committee of Roads' (Mrs. James C. Green) letter as they wish.
Meeting recessed at 1:00 P.M. for Executive Session.
Meeting reconvened at 1:15 P.M.
WATER RESOURCES CONGRESS, APRIL 3-6, 1973; WA,SffiNGTONt D. C. -
Mr. Vaughan moned, seconded by P1rs. Wright, anyone desiring to attend be authorized to do
so. Motion carried unanimously.
BID OPENING - SHOP BIIILDING AND HOLDING BUILDING AT AIRPORT -
Mr. Vaughan cal7,ed attention to bid opening on Thursday, February 22nd, for shop buildin~
and holding building at the Airport.
TAX ON PROPERTY WHICH IS ON I,EASE -
Mr. Vaughan called attention to letter from Mr. Jim Fox to Mr. I,arry Powell referring to
Mr. Alan Marshall's letter havin~ to do with property which was on leased p roperty.
The Commissioners had not received copy of this correspondence and will be ~urnished copy.
DEMOZITION JAMES WAI~Ex HOSPITAL PROPERTY - .
Action was deferred on this.
FORMAL ACCEPTANCE OF RESIGNATION OF FORMER C~ulrrx MANAGER -
Mr. Hall moved, that inasmuch as the resignation has not Yormally been accepted, the Board
ask Mr. Bowden to reconsider. Motion died for lack o£ a second.
Mr. Hall then suggested the Board get on with the business of advertising in the appropriate
way.
Mrs. Wright moved, seconded by Mr. Vaughan, the resignation be accepted under the terms that
were discussed with Mr. Bowden; e££ective March lst, that he have a leave of absence beginnin~
Februas~r lst and that he act as consultant to the Board during that month.. Motion carried
unariimously.
Mr. Vaughan stated there are four applicants that are in or will be in. He recommended
writing counties in North Carolina, South Carolina and Virginia in an attempt to get someone in
the geographic area.
Mr. Vaughan stated he would send the Commissioners a memorandum within ten days o£ what
looks like is coming up and offering his suggestions unless he is authorized to advertise today
in the International City Mana~er's publication. By common consent it was agreed Mr. Vaughan
advertise through the International City Manager's Association and any other way he feels is
proper. Then the Board, by common consent agreed Mr. Vaughan defer action until after February 27th.
OFFICE STATIONERY -
By common consent it was agreed new stationery be ordered omitting name of Commissioners
and County Manager £rom the letterheads in order to save,expense of letterheads everytime Board
or County Manager changes.
COURTHOIISE AND PARK STAFF -
By common consent it was agreed Mr. Vaughan discussc,changes with Mr. Epling and report back
to the Board at the next meeting.
POSSIBILITY OF ELIMINATIOPt OF TA% FREE BaNDS -
Mr. Vaughan advised Board of letter from Mr. Gill, State Treasurer, requesting the Commis-
sioners write the Congressmen with respect to elimination of tax free bonds. By common consent
the Board agreed Mr. Vaughan write letter requestin~ tax free bonds not be eliminated.
RECOGNITION OF Lr.ruTY SHERIFF SG~P. JACBSON -
By common consent it was agreed Mr. Vaughan write S~t. Jackson concerning letter from the
Major, Department o£ the Army, ginston, N. C. to the Commission thanking them for S~t. Jackson's
instructions on riot training.
MINUTES OF BOARD OF COMMISSIOIdERS MEETINGS -
Mr. Vaughan stated he had asked the Field Representative o£ the North Carolina Association
to flzrnish him copies of minutes from other counties for comparison with this County's.
Mr. Vaughan su~gested, in order to cut down work, going to a smaller minute book.
After discussion, by common consent it was agreed Mrs. Wright work with the Clerk in order
to cut the work down on the minutes and make recommendations to the Board.
DISCUSSION OF WHO SHOULD RECEIVE COPIES OF AGENDA AND MINUTES -
By common consent it was agreed the Clerk submit 13st of persons receiving copy of minutes
to I"irs. Wright and she will make recommendation to Board at the next meeting.
DEADLINE ON SUBMITTING ITEMS FOR AGENDA -
Mr. Vaughan stated he £eels Thursday morning should be the deadline on receiying items for
agenda, and he will write letter to this effect.
OFFICE OF COIINTY CONII`12SSIONER -
Mrs. Wright moved, seconded by Mr. Hall, the Board a£firm the action the previous Board of
Commissioners to'ok ori Nov:"'2q,19'72 on the Office o£ County Commissioner. Motion carried
unanimously.
BUDGETS FROM VARIOUS DEPARTMENTS -
Mr. Vaughan reminded the Board it will have before it at the next meeting budgets of the
various departments who have large capital expenditures. The Board had requested Mr. Oaughan
obtain this information.
MINUTES OF MEETING, F'EBRUARY 19, 19'73 - 8:00 A.M. (CONT.uvu~L)
PARTICIPATION OF PARTICIPATING COUNTIES IN E1trr~vLli•utcr~S OF CAPE:~FEAR TECH -. •. .
By common consent it was agreed Mr. Vaughan write the participatin$ counties again
asking if they care to share in the expense of this facility:
CAPE FEAR TECH'S RE9UEST FOR CHAIRMAN'S SIGNA~ruttr; ON FORMS -
Mr. Vaughan advised Board he had been requested to sign £orms furnished by Cape.Fear
Tech which he does not understand. •
By common consent it was agreed Mr. Vaughan ask Mr. McZeod to appear be£ore the Board
and explain the forms.
ADJ~uiuvi'fII~TT -
There being no 1lxrther business to come before the Board, Mr. Hall moved, seconded by
Mr. Powell, the meeting adjourn, time being 2:00 P.M.
Respectfully submitted,
Hazel Savage
Clerk to the Board
HS/wg&lk
MINUTES OF SPECIAI, MEETING, FEBRUARY 26, 1973 - 9:0o A.M.
ASSEMBLY -
Special Meeting of the Idew Hanover County Commi.ssioners was held on the above date and
time in the Commission Building with the following present: Chairman M. H. Vaughan,
Commissioners Vivian S. Wright, Peter R. Davis, W. Douglas Powell; County Attorney James C. Fox;
and Hazel Savage, Clerk to the Board.
Mr. J. M. Hall, Jr., was absent.
INVOCATION - ~
Chairman Vaughan called the meeting to order and asked Mrs. Wright to give the invocation.
DEVEIAPER'S CONSIDERATION
Meeting was called to discuss Developer's Consideration. Some of the Commissioners felt
that the legal opinions with regard to developer's consideration indicate that it is not legal
and the County cannot afford to carry it on, and that the Board is personally responsible to
the ta~rpayers if the developer's consideration is carried on.
Mr. Fox stated in his opinion, there is no basis in the law £or the developer's
consideration.
Question was a'sked on how the different percentages were arrived at in figurin~
developer's consideration. Mr. Raymond Blake, County Appraiser, stated frankly he did not
know, but he did know on property located further in the woods more was allowed and on lots
approximately 35%•
Mr. Blake felt every parcel of land should be up to mai~ket value and hoped this would
be the case by 1975•
Mr. Bruce Cameron spoke opposing the Commissioners removing the developer's consideration
saying it not ~ust affects subdivision owners.but af£ects tlie whole Count9. Mr. Cameron felt
if such lands are raised to their flill market value by doing away with the consideration, it
would force people to rush into developing and the County would be the loser.
Mr. Bill Huffine, Vice-President and Director, i;iilmington Board o£ Realtors, stated
the Real Estate Board had not discussed the developer's consideration issue in any detail,
but he felt it would be a mistake to remove the Developer's consideration.
Mr. Raiford Trask called attention to the fact land does not have to be recorded as
plats on record, it can be sold by metes and bounds.
Mr. 3ierbert Fisher, President of the Taxpayers' Association, stated his. group was in
favor of one fair ratio and reguested the consideration be removed.
Mr. Vaughan stated the Board is caught in a legal trap and whether the legislators will
come through with any help he did not know.
Mr. Fox stated the current law provides all land is to be valued at the £air market
value. I£ it is a large tract and there is iaoods land, the value per acre would be much less
than the value of land that has been cut into lots and streets. Mr. Fox stated if you impose
a tax burden on vacant:.land, you are going to compel owners to put it to use which removes
the large green belts.
Mrs. Wright moved, seconded by Mr. Powe11, that the, Developer's Consideration be
removed. Motion carried unanimously, £our Commissioners.present votin~ "Aye."
Mr. Vaughan asked the record show that, in the opinion of the Board, Mr. Hall would
have voted "No" had he been present according to his past sentiments.
It was the consensus of the Commissioners present at this meeting that they wish to
have all assessments based on value of consideration without any arbitrary reductions.
Mr. Vaughan assured those present that the Commissioners will go back and exhaust
every e££ort to see i£ some adjustment can be made. Mr. Vaughan stated the State Board o£