1971-01-04 Regular MeetingMINUTES OF THE MEETING - JANUARY 4, 1971 - 9:00 A. M. -
ASSEMBLY -
The regular semi-monthly meeting of the Neva Hanover County Board of Commissioners was
held on the above date and time in the Commission Building with the following present:
Vice-Chairman Berry A. Williams,'Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxen-
£eld; County Attorney James C. Fox; County Auditor Perry Shepard; County Administrator
Laurence 0. Bowden; and Hazel Savage, Clerk to the Board.
Chairman Harriss was absent.
INVOCATION -
Vice-Chairman ~Jilliams called the seeting to order and asked Rev. Neil McMillan, Pastor,
Winter Park Presbyterian Church, to give the invocation.
APPROVAL OF MINUTES -
PZemo to the Board of December 30, 1970 reauested the following changes to the minu.tes
o£ December 21, 19']0:
On Page 6, third paragraph from bottom of page, first sentence should read: "Mr. Wil-
liams stated City is in a financial bind and that he could say flatly ...".
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On Page '7, third paragraph from bottom of page, first sentence should read: "Mr. Hill ..".
Mr. Marks moved, seconded by Mr. Oxenfeld, that the minutes be approved as corrected.
Motion carried unanimously.
Mr. Hall advised the Board he oaould like for the record to :shooa that he took exception
to Mr. Harriss' statement on Page 7: "After further discussion Mr. Harriss advised that re-
fusal to change tax ratio for fear City will increase taxes is not within prerogative of
the Commissioners, ...". P1r. Hall said he £elt it was the prero~ative of the Commissioners.
TAX COLLECTOR'S REPORT -
Mr. Sam Johnson vaas present and requested that the Commissioners permit him to make
his report at the second meeting in January. Mr. Johnson said due to the recent holidays
and pressing work in his office he was unable to do .so at this time.
Mr. Hall moved, seconded by Mr. Oxenfeld, that Mr. J.ohnson's request be granted; that
he..appear on January 18th with his report, Motion carried unanimously.
TAX RATIO RESOLUTION -
Mr. 13owden presented the following resolution to the Board concerning the tax ratio:
"STATE OF NORTH CAROLIATA:
RESOZUTION
COUI~TTY OF NEW HAPdOVER .
WHEREAS, the citizens of New Hanover County from time to time have voted a tax sup-
plement for certain needs, predicated on a 50'~ tax ratio, and ,
41E~REAS, some of these voted supplements are approaching or have reached their
maxisum authorized limit, based ori 50'~ ratio, and
41f~EREAS, the Board of Commissioners at their mee~ing of December 21, l~'70, voted to
change the 50'~ tax ratio to 100'/o tahich doubles the percentage established for prior years,
~rt~;tcr;rOHE, BE IT RESOZVED, it is the intention of the Board of Commissioners to decrease
by one halS (50'/0) the tax rates heretofore imposed for all supplemental taxes approved
by the voters of Nea~ Hanover County. The intent of said proportionate decrease is to
re-establish the proportion and amount of tax approved for the various supplements.
IT IS hr;xr,tsY FURTHER RESOZVED, all agencies and/or departments receiving tax supple-
ments as a source of revenue be advised of the intent of this resolution.
Dated this 4th day of Januar,y-
BY: (S)
, i971.
Meares Harriss
Chairman
Board oS Count,y Commi.ssioners
New Hanover County
Attest: (s) Hazel Sava~e
Clerk"
Mr. Marks moved, seconded by Mr. Oxenfeld, that the resolution be adopted.
Mr. Hall expressed feeling it was useless and there was no law that would prohibit the
Board changing resolution if need therefor should arise. Mr. Plarks reminded Mr. Hall ratio
cannot be changed after Board of Equalization meets.
Nr. Williams advised the Board it oras the feeling of the Chairman, and concurred in
by the Vice-Chairman, that the School Board and others be advised. that it is the intent of
the Commissioners to li~nit maximum of taxes levied, regarding supplements, to same amount
of money as is being brought in now.
Vote aaas called on the motion. It carried three to one. Nr. Hall voted "No".
OPPOSITION TO 100~/ TAX RATIO -
Mr. Williams extended invitation to those present opposing the 100'~ Tax Ratio passed
at the December 21, 19'70 meeting of the County Commissioners.
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5 6~ MINUTES OF THE P"iEETING - JANUARY 4, 1971 - CONTInnTE- -
OPPOSITION TO 100% TAX RATIO - CONTINUED -
Messrs. H. G. Wallace, Zennox Cooper (representing Wilmington Board of Realtors, Inc.),
0. K. Pridgen, Sr., John Van B. Metts, Jr., Jack nTewton, Herbert Fisher, Richard Sheta, John
Symmes, Kenneth Mallard, and T•irs. T. W. Books spoY.e in opposition to ~he 100% tax ratio.
All spoke along the same lines, requesting the Board of County Commissioners to reconsider
their action taken -ecember 21, 1970 and rescind the 100/ tax ratio set and return to the
50% ratio used for so many years. All of the persons u~ho spoke expressed the feeling the
Board has made a breach of faith to voters of New Hanover County; £eeling they had been
encouraged to vote for the 1% Sales Tax with promise if they did the ratio would not be in-
creased. The speakers expressed the £eeling the Commissioners had acted too hastily on the
request of the City Councilmen and reouested the Commissioners reconsider and rescind their
action.
Mr. Willia~s thanked the people for coming and assured them their requests would be
care£ullv considered.
Meeting recessed at 9:55 A. M.
Meeting reconvened at 10:05 A_. M.
After meeting reconvened Mr. Hall moved. that the Board rescind action taken on December 21,
1~70. Motion died for lack of a second.
BID OPE1~?ING - X-RAY I`(1ACHINE -
Five bids were received for the X-Ray Machine needed in the Health Department, but one
did not meet the legal requirements. The four bids accepted are as follows:
Westinghouse
Profexray
S. & H. X-Ray Co. ,
General Electric Corporation
$1°,094.00 F. 0. B. Delivery 45-90 Days
18,383e16 T. 0. B. Including Trade-In.
18,326.00 F. 0. B. Delivery 45-60 -ays
23,ti~+g.92 F. 0. B. Delivery 60 Days
Mr. Marks raised ouestion of vahether or not matchin~ funds might not be available for this
purchase. Dr. Knox said he was almost positive no State funds are available.
Mr, Marl:s moved, seconded by Mr. Oxenfeld, that the bids be referred to the County Admin-
istrator, County Attcrney~ Count~ Auditor and Dr. Knox for study and recommend.ations at the
next meeting. Motion carried unanimously.
Dr. Knox advised the Commissioners it would be necessary fi'or the Health Department to
have a Viei~rer to use with the X-Ray Plachine that was not included in bid. Dr. Y~nox estimated
cost to be approximately ~1200. P1r. Shepard informed the Board this could be purchased on in-
formal bid. By common consent Dr. Knox was authorized to proceed vaith getting informal bids
for this machine.
SCHOCL BOARD REQUEST - CROSS-COUNTRY ACTIVITIES BUS -
Dr. Heyward Bellany and Coach Bro~den appeared before td~e Commissioners in support
of their request for an additional appr.opriation in amount of ~65,8°,5.34 which would enable
them to purchase a cross-country activities bus costin~ approximately ~1°,,823.40. After dis-
cussion, in which it i~aas pointed out charter bus service can be used for remainder of 5rear
and the fact if a bus were purchased delivery could not be had until the spring, Mr. Marks
moved, seconded by Mr. Hall, that the purchase of this bus be deferred until budget time and
the School Board present figures comparing cost of charter bus service with what it would
cost count5r to own bus, including initial cost, operation, insurance, etc. Motion carried
unanimously.
FUBLIC HEaRING - ZONING AREA N0. 4-
Mr. Williams announced ~ublic hearin~ was open to consider the zoning of f~rea 4 recommended
to the Board of County Commissioners by the Wilmington-Netia Hanover Planning Commission. In
~eneral, the boundaries of the area to be zoned are (1) northern boundary of the one mile li-
mit of the City of Wilmington, (2) western boundary of the Cape Fear Piver, (3) southern
boundary of Snow's Cut, and. (4) eastern boundary oS Intracoastal 'v~aterway to Masonboro Zoning
Area. Nr. Williams called. attention to several letters received in connection with zoning
of this area and advised they would. be turned over to the Planning Department.
There was a large group present. Mr. 47illiam L. Hill, II, AttorneV, represented the
£ollowing property owners: Mr. & Mrs. Robert E. Shannon, Mr. & 1`Zrs. B. B. Willoughby,
Mr. & Mrs. Archie Joseph ~cGirt, Jr., Mr. & Mrs. William Hall Watters, -r. & Mrs. Arnold Sobol,
Judge Gilbert H. Burnett, and meu~bers of his fam~ly, and E. W. Godwin. Mr. Hill advised.
the Board these persons are opposed to their property being zoned. industrial as recommended
by the Planning Commission, and would like to see the County Commissioners do one of the
following: (a) change the County Zoning Ordinance to cenform to the City of Wilmington's
Zoning Ordinance and permit pyramid zoning, (b) chan~e the proposed zoning to conform to
the plans, desires and present use of the oti!ners, which is residential, or (c) no zoning at all.
Judge Gilbert Burnett presented slides showing beauty of the propcrty along the river now,
pointing out industry will destroy this beaut5.
Iir. James Swails, Attorney, represented Hanover Golf Estates, Inc. and Hanover Shores~ Inc.
v,rho are opposed to zoning for industrial use property along the River Road, extending from the
bJilmington City limits to and beyond the Fort Fisher Golf Course.
Mr. Andrew Canoutas appeared for the Fort Fisher Country Club and Mr. C. Arthur Rutter,
Norfolk, Va. requesting reconsideration of the pr.opcsed zoning which would result in
industrial zoning adjacent tc the Club, destroying much of its value.
Mr. Wilton A11en appeared before the Board Urith a petition signed by 35 persons request-
ing pro~,erty on the Carolina Beach Foad between Monkey Junction and Snows G~L be zoned com-
mercial and not residential. The petition pointed out this is a four-lane hi~h~aay and there
have been ver,y few homes built on the Carolina Beach Road in several years.
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MINUTES OF THE 1~iEETING - JANUARY 4, 1971 - CONTINTrED -
PUBLIC HEARING - ZOiVING AREA N0. 4- CONTINUED -
Mr. Byron Al1en advised the Board that he and his brother had purchased property on the
Carolina Beach Road urith the idea of using it someday for commercial purposes and requested
it be zoned commercial.
Mr. Carl Moore, owner of a Plobile Home Trailer business on the Carolina Beach Road,
requested Carolina Beach Road be zoned commercial.
Mr. Joe Reaves, Realtor, requested the overall zoning plan for this area be given further
consideration.
P1r. Paul Thrush oaas concerned over whether or not he would be permitted to expand his
business should this zoning plan be approved. Mr. Mallory informed Mr. Thrush that he did
not think zoning of this area would affect his location. Mr. 4lilliams suggested Mr. Thrush
check further with Nr. Mallory.
Mr. George Tregembo, owner of a zoo on the Carolina Beach Road, expressed his concern
over zoning o£ this area residential. Mr. Tregembo said he purchased his property eighteen
years ago to be used commercially and would like for it to be used for cou~mercial purposes
even at his death. Mr. Tregembo also said he would suffer a great financial loss if it is
zoned residential.
Mrs. Doris Hall expressed concern because she now operates a Childrex~'s Nursery and had
an idea of enlarging, but i£ her property is zoned residential she will ti~ unable to do so.
All persons d.esiring to be heard having been hear~. havin~ been heard, Mr. Williams
announced the public hearing was adjourned. He informed the persons present their protests
ti-aill be given consideration by the Flannin~ Department who will probably be in a position
to report back to the Commissioners on January 18, 19'71, ~,rhich will" be the second hearin~.
Meeting recessed at 11:55 A. M.
Meeting reconvened at 12:05 P. PY.
TRA.NSFER OF FUNDS - AIRPORT -
l~lr. Bowden presented request of the Airport for transfer of ~65,.00 from Travel to
Office Supplies & Expense. Reguest was made to pay-dues of Nr. Sheckelford to join the
Southeastern Airport Manaber's Association and the American Association of Airport E~ce-
cutives, which was approved by the Airport Commission on December 1'7, 19'70.
Mr. Hall moved, seconded by Mr. Marks, that the transfer be approved. Motion car-
ried unanimously.
AF'PROPRIATION FOR JAIL TFcAVEL -
P`ir. Bowden presented req_uest of Mr. Joe Johnson, Jailer, for appropriation of $300
for jail travel. The $300 budgeted at bud~et tir~e has been ex3~austed; it requires ap-
proxi.mately $~50-'per_ month for. jail travel.
Mr. Hall moved, seconded by N1r. Oxenfeld, that the appropriation be made, funds com-
ing from the General Contingency Fund. Notion carried unanimously.
REPORT OF BUILDING CODE COMMITTEE - USE OF PI,ASTIC PIPE BY JOHN R. JEFFERIES, CHAIRMAN -
This committee was appointed in August, 1y70 by former Chairman Metts of the Com-
missioners to study use of plastic pipe in plumbing and make recommendations. Mr. Je£-
feries presented his report outlining background, discussion and conclusion. The con-
clusion of the committee was to recommend that the North Carolina State Plum~ing Code
be adopted verbatum insofar"as use of_plastic pipe is concerned. The State Code per-
mits use of plastic pipe.
By common consent it iaas agreed this be referred to T9r. Fox for the draoring of
proper ordinance and legislation for action at an early date. ,
Mr. Jefferies advised the Commission that this committee recommends that the ob-
jectives of this committee be expanded to include building code recommendations in all
aspects of construction; n2mely, general construction, plumbing, and electrical. Mr.
Williams asked the County Administrator to pass this information to Chairman Harriss for
his action.
APPOINTMEINNT OF LARRY POWELL TC TAX SUPERVISOR POSITION -
Mr. Bowden requested that he be permitted to resign his position of Tax Supervisor and
that Mr. Zarry Po~•aell be appointed for his unexpired term. Mr. Boi=;den also reauested
salary of Mr. Powell be increased 10'/0.
Mr. Marks objected to a 10% raise or a two-step raise, saying he ~vould prefer a
one step increase at this time. Mr. Williams pointed out Mr. Powell will have fu11
responsibility of the Tax Listing Office and felt a two-step raise is justified.
Mr. Hall moved, seconded by Mr. Oxenfeld, that the resignation of Nr. Bowden be ac-
cepted. Notion carried unanimously.
Mr. fiall moved, seconded by Mr. Oxenfeld, that Mr. Larry Powell be appointed Tax Super-
visor for unexpired term of Mr. Laurence 0. Boorden. Motion carried unanimously.
Mr. Hall moved, seconded b3 Mr. Oxenfeld, that salary of Mr. Powell be increased two
steps above his present salary, funds for this increase to come from salaries budgeted for
the Commissioners' Office. Motion carried unanimously. P1r. Powell's present salary is .
~09,485. With a twc-step increase (~293 per step) his salary will amount to ~10,0'71.
RESOZUTION - I,OWER CAPE FEAR AISTORICAL SOCIETY, INC. -
Mr. Bovaden presented resolution to be presented to the Board o£ Directors of the Lo~ver
Cape Fear Historical Society, Ine. for adoption by the Board of County Commissioners.
Mr. Marks moved, seconded by rr. Oxenfeld, that the resolution be endorsed after
amendment to fifth paragraph eliminating specific name of any motel, inn, etc. Motion carried
unanimously. Following is the resolution:
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MINUTES OF THE MEETING - JANUkRY 4. 1971 - CONTITIUED -
F,ESOLUTION - LO'vTER CAPE FEAR HISTORICAL SOCIETY, INC. - CONTINUED -
"STATE OF NORTH CAROLINA:
COUPTTY OF.NEW HANOVER .
RESGLUTION
WE~REAS, the State o£ North Carolina is now making plans with the rest of the nation
to observe and celebrate the bicentennial of American independence, and
WHEREAS, Cornelius Harnett and many leading American patriots of the Revolutionary per-
iod iaere citizens of Wilmir~ton and/or Neta Hanover County, and
WI~REAS, the Battle oS Moore's Cree~; Bridge, "the first victor~* gained on North Car-
olina soil by American armies in the Revolution, " was iought on February 2'7, 1']'76, at
Moore's Creek Br.id.ge in oahat was then a part of New Hanover County, and
4Jf~REAS, the annual meetings (Culture Week) of the North Carolina Literary and His-
torical Association and. other cultural societies, regularly held in Raleigh, have recently
been scheduled and held. in Winston-Salem, Charlotte, and Greensboro, in observance of the
bicentennial of the foundin~ of respectively the town (city) of Salem, the town (city) of
Charlotte, and the county of Guilford, and
z~REAS, the Wilmington/nTew I~anover County hotels and motels provid.e a commodius, attrac-
tive, and perfectly ad.equate setting for all the meetings of "Culture Week" includin~ ample
accommodations for the comfort and convenience of all guests,
THEREFORE BE IT RESOLVED that the annual meetings of the North Carolina Literary and
Historical Association and other cultural societies (Culture Week) be held in Wilmington
during the early part of the American Revolution bicentennial observance preferably in Decem-
ber oi 19']4 or 1975, and
BE IT FURTHER RESOLVED that copies of this resolution be forwarded immediately to the
officers of the North Carolina Literary and Historical Association and the State Depart-
ment of Archives and History, Raleigh, North Carolina, and
BE IT 1+URTHER RESOLVED that the Wilmington City Council, the Lower Cape ~'ear Historical
Society, Historic Wilmington Foundation, the Daughters of the American Revolution, tlle Sons
of the American Revolution, and. other organizations and societies be invited to co-sponsor
this resolution.
Dated this 4th day of January , 19'71.
BY: Neares Harriss, Jr.
Chairman
Board of County Commissioners"
NFJi4Y Hl~NOVER COUNTY T~
~; ^-~' Mr. Laurence 0.
seminar conducted by
Representatives from
to be discussed Urill
for votir~g.
) HOST STATE BOARD OF ELECTIONS SEPIINAR -
Bowden advised the Board that New Hanover County ~~rill host a regional
the State Board of Elections at Wilmington, N. C. on Januar.y 15th.
trrenty-three counties will be present at this meeting. Main items
be the details and processing relative to 18-20 year olds re~istration
A.B.C. PERNiIT REQUESTS
A.B.C. Yernit Requests £rom B& M Cafe, 822 Orange Street and Castle Hayne Pool Room,
Castle Hayne, N. C. were presented to the Commissioners. Mr. Hall moved, seconded by Mr..
MarYs, that the requests be forwarded to the Sheriff's Department for investi~ation. Mo-
tion carried unanimously.
SCHEDULED MEETINGS -
P1r. Hall called attentiori to meeting of delegates of the National Rivers and. Harbors
Congress in Ealeigh on January 21 and expressed desire to go. Also, Mr. Hall said he would
like to attend second session of the Commissioners' School at the Institute of Gove~nment.
Mr. Marks reminded the Commissioners of IVational Associaticn of Counties meeting in
Atlanta on January 2'7, 19']l.
Mr. Williams pointed out item is in budget for attending ~eetings and any member who
can is hereby authorized and encouraged to attend.
P1r. Bowden reminded the Commissioners of a meeting on environmental needs in Neor Ilern
on January 21-22, 19']l. By common consent it was agreed Mr. Bowden try to get someone in-
volved with these needs to attend. If unable to do so, that he make every effort to attend.
REQUEST OF MR. BOWDEN TO ATTEND SCHOOL - INSTITUTE CF GOVERI~IP'IENT -
Mr. Boiaden requested permission to attend 40-hour school for City and County Heads at
the Institute of Government beginning January 25, l~']l.
By common consent it was agreed Mr. Bowden be permitted to attend school as requested.
LEGISI,ATIVE COPII`1ITTEE
PIr. Williams advised the Boar.d he is serving as a member of the Legislative Committee
of the North Carolina Association of County Commissioners and anything the Com~issioners
mi~ht have for le~islature on a St~te-vride basis he might be able to handle if presented to
nim in memorandum form by January 12. The committee meets on January 13, lg'71.
ADJOURNP7ENT -
There being no further business to come before the Boar.d the meeting was adjourned.
Respectfully submitted,
Hazel Savage
Clerk to the Boar3
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