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1971-02-19 Special Meeting. _5~~ MINUTES OF THE MEETING - FEBRUARY 19, 19~1 - 12:00 P.M. -(SPECIAL) - ASSEMBLY - Special meeting of the New Hanover County Board of Commissioners was held on the above date and time in the Commission Building with the following present: Chairman Meares Har- riss, Jr., Commissioners H. A. Marks, John R. Oxenfeld; County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board. Mr. Earl Pearson from the Corps of Engineers was also present. WAIVER OF NOTICE OF HEAAING - Mr. Marks moved, seconded by Mr. bxenfeld, that the formal three days notice be waived and this be a constituted meeting of the Commissioners. Motion carried unanimously. ADOPTION OF RESOLUTION PROVIDING FERMITS OR EASEMENTS TO DEPOSIT SPOIL IN THREE AREAS SUB- STANTIALLY DESCRIBED ON CORPS OF ENGINEERS DRAWING OF WILMINGTON HARBOR, NORTH CAROLINA, M9P..N0. 105-71-3- • ' Mr. Marks moved, seconded by Mr. Oxenfeld, that the Board dispense with reading of the resolution at this time and it be adopted and the Chairman be authorized to sign it in keeping with assurance ~oard h~d ~;iven to the Corps of En~ineers previously. Following is the resolution: "NORTH CAROLINA NEW HANOVER COUNTY RESOLUTION At a special meeting of the Board o£ Commissioners of New Hano~Ter County, North Carolina, held on 19th day of Februarv , 19 71 , the following resolu- tion was presented by H. A. Marks , and seconded by John R_ Oxanfel~ , and unanimously adopted. ' W I T N E S S E T H: THAT Wf~REAS, in the River and Harbor Act of Congress, approved March 2, 1945, provision was made to increase the depth of Wilmington Harbor to Thirty-two (32) feet and to increase the width of the existing channel to Four;Hundred (400) feet at Wilmington, North Carolina, in accordance vaith the project as set forth in Senate Document No. 83, ~6th Congress, First Session, and House Document No. 131, '76th Congress, First Session, provided that local interests comply with the conditions of local cooperation as follows: a. Provide, without cost to the United States, as and when required, all lands, ease- ments, rights-oP-way, and spoil-disposal areas for the initial work and subsequent maintenance. b. Hold and save the United States free from claim for damages resulting from the con- struction and maintenance of the project. NOW rnr.ccrs ORE, BE IT RESOLVED That the County of New Hanover, North Carolina, project sponsor for the above-descri~ed project, being cognizant of the importance of, and benefits to be derived from, the proposed improvements, guarantees to the United States of America that the aforestated local cooperation requirements for the work of improvement will be met as follows: ~ a. Permits or easements to accomplish the initial construction will be acquired £or a term of Eighteen (18) months to deposit spoil in three areas substantially as described on Corps of Engineers drawing of Wilmington Harbor, North Carolina. b. Prior to maintenance dredging and within Twenty-four (24) months from the date of this Resolution, action necessar,y to obtain permanent easements for deposit oY spoil and dredge material will be initiated. • (s) Meares Harriss, Jr. . Chairman Board of County Commissioners" RIGHT-OF-ENTRY FOR CONSTRUCTION - Nr. Bowden pointed out this form is a general agreement for right-of-entry for 18 months which will be covered specifically on each of the plans. Mr. Marks moved, seconded b9 Mr. Oxenfeld, that the form be approved for right-of- entry for 18 months. Motion carried unanimously. Following is the form: "RIGHT-OF-ENTRY FOR CONSTRUCTION Wilmin~ton Harbor New Hanover Countv (Project, Installation or Activity) (Tract Number or Other Property Identification) The undersi~ned, hereinafter called the "Owner", in consideration of the total compensa- tion to be paid by the County of New Hanover, State of North Carolina, hereinafter called the "County", for all land or easement rights hereinafter described, to be determined by sub- sequent agreement between the Owner and the County, or by judicial proceedings, hereby grants to the County, a permit or right-of-entry upon the following terms and conditions: l. The Owner hereby grants to the County or its agents an irrevocable ri~ht to enter upon the lands hereinafter described at any time within a period of Eighteen (18) months from the date of this instrument, in order to erect dikes and deposit spoil erect buildings or any other type of improvements and to perform construction work of any riature. 2. This permit includes the right of ingress and egress on other lands of the Owner not described below, provided that such ingress and egress is necessary and not otherwise con- veniently available to the State. ~ ' S~4 MINUTES OF THE MEETING -(SPECIAL) - FEBRUARY 19, 1971 - CONTINUED - RIGHT-OF-ENTRY FOR CONSTRUCTION - CONTINUED - 3. All tools, equipment, buildings, improvements, and other property taken..upon or. placed upon the land by the County shall remain the property of the County and may be re- moved by the County at any time within a reasonable period after the expiration of this per- mit or right-of-entry. 4. The County shall have the right to patrol and police the lands hereinafter described during the period of this permit or right-of-entry. 5. It is understood and agreed that i£ the County does not acquire title or other neces- sary interest in said land prior to the expiration of this permit or right-of-entry, or any renewal thereof, the County agrees to be responsible for any damage arising from the activity of the County or its agents on said lands, in the exercise of rights under this permit or right-of-entry, and shall repair such damages, or, in lieu thereof and at the option of the County, shall make a cash settlement with the Owner. The land affected by this permit or right-of-entry is located in the County of , State of North Carolina, and is described as follows: (Description) WITNESS MY HAND AND SEAL THIS WITNESSES: day o£ ~ (s) (s) ~s) + 19_- Mr. Pearson stated he would handle the negotiations. , Mr. Harriss pointed out that the Board understood at ~irst it was being required to pro- vide permanent sites but that has been remedied and now it is being required to acquire tem- porary sites; permanent sites will follow. . Mr. Harriss stated if the Board tried to buy land now, the land would become so valu- able it could not be purchased and he suggested (and Mr. Bowden and Col. Denison agreed when he discussed it with them) that on basis of doing :owners a favor let them have the spoil for a very low price to help County out on this temporary basis. Mr. Harriss was of opinion it would give the County time to acquire permanent sites. Mr. Pearson did not agree with this; he stated it might hamper easement on temporary basis. Mr. Pearson stated he thought i£ the9 go too far at present time into permanent ease- ments of acquiring land, by buying or condemning, the people will not sign temporary ease- ments now. He was of opinion if these three owners get concrete idea County is going to buy or condemn, the immediate need on a temporary basis is going to be in trouble. ADJvuxlvrlENT - There being no further business to.come before the Board, Mr. Oxenfeld moved, seconded by Mr. Marks, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board HS/bh MINUTES OF SPECIAL MEETING - FEBRUARY 26, 19~1 - 5:30 P. M. - ASSEMBLY Special meeting of the New Hanover County Board of Commissioners was held on the above date and time in the Commission Building with the following present: Chairman Meares Harriss, Jr., Vice Chairman Berry A. Williams, Commissioner John R. Oxenfeld; County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board. WAIVER OF NOTICE OF HEARING - . Mr. oxenfeld moved, seconded by Mr. Williams, that the formal three days notice be waived. and this be a constituted meeting of the Commissioners. Motion carried unanimously. , CURFEW - Mr. Harriss called special meeting to obtain authority from the Board to call a curfew if need there£or should arise due to the present unrest in the schools. ` It was pointed out that the Chairman has standing authority to do this under the "Ordinance of New Hanover County to Permit the Imposition o£ Prohibitions and Restrictions During a State of Emergency" which the Board adopted at Special Meeting.February 5, 1971. Mr. Harriss requested a motion at this time just in case there might be some question about the standing authority. ,