1971-04-05 Regular Meeting~;;J
MINUTES OF THE SPECIAL MEETING - MARCH 27, 1971 - CONTINUED -
PUBI~IC FLEARING - DISCUSSION OF THE 1% SALES TAX =(CONTINUED)-
Section 2. Collection of the tax by the North Carolina Commissioner of Revenue, and
liability therefor, shall begin and continue on and after the first day of M~, 19~.
Section 3. The net proceeds of the tax levied herein shall be distributed by the
Commissioner o£ Revenue to New Hanover County and to each municipality herein in propor-
tion to the total amount of ad valorem taxes levied by each on property having a tax situs
within New Hanover County during the fiscal year next preceding such distribiztion, as pro-
vided in Section 105-4'72 (b) as written in Senate Bill 81.
Section 4. This Resolution shall become effective upon its adoption and a certified
copy hereof shall be delivered immediately to the North Carolina Commissioner of Revenue.
Adopted this 27th day of March, 19Z•
(s)
Meares Harriss, Jr.
Chairman
Board of County Commissioners
ATTEST:
(s)
Hazel Savage, Clerk to the Board"
NEED FOR DEPUTY SHERIFFS -
Mr. Harriss called attention of the news media to the fact there are four deputy sheriff
jobs available to fill vacancies occurring in the department. Salary is ~5919 per year.
They will be filled through the Civil Service procedure.
ADJOURNMENT -
There being no further business to come before the Board, Mr. Hall moved, seconded by
Mr. Williams, that the meeting adjourn. Motion carried unanimously.
Respectfully submitted,
Hazel Savage
Clerk to the Board
HS/bh
MINUTES OF THE MEETING - APRIL 5, 1971 -°r:00 A.M. -
ASSEMBLY
The regular semi-monthly meeting of the New Hanover County Board of Commissioners was
held on the above date and time in the Commission Building with the £ollowing present:
Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr.,
H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry Shepard,
County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board.
INVOCATION -
Chairman Harriss called the meeting to order and asked Rev. Milton Boone, Pastor, Mason-
boro Baptist Church, to give the invocation.
APPROVki, OF MINUTES -
The following correction to the minutes of regular meeting of March 15th was made:
Under heading "Nillbrook Subdivision, Section 1", first sentence should read: "Mr. Jerry
Ramsey presented subdivision plat of Nillbrook, Section 1, advising plat was bein~ presented
without improvements having been made which is permissible when there are only 25 lots
in a section, however before another section of the subdivision can be approved improvements
must have been made in this section. The Planning Commission recommended approval."
Following this correction, Mr. Hall moved, seconded by Mr. Oxenfeld, that the minutes
of March 15, 1971 be approved as corrected. Motion carried unanimousl~.
Mr. Williams moved, seconded by Mr. Marks, that the minutes of Special Meeting of
March 16, 1971, be approved as written. Motion carried unanimously.
Mr. Ha11 moved, seconded by Mr. Williams, that the minutes of Special Meeting of March 18,
19~1, be approved as written. Motion carried unanimously.
Mr. Oxenfeld moved, seconded by Nr. Williams, that the minutes of Special Meeting of
March 2'7, 1971, be approved as written. Motion carried unanimously.
ACTING TAX COLLECTOR'S REPORT -
Mrs. Janie B. Straughn, Acting Tax Collector, gave £ollotiaing report for March, 1971:
Amount on books, less abatements:,$5,213,8'74.21.Collections through the month of March amounted
to $4,'746,611.92, leaving balance due of $46'7,262.39• Back taxes were collected through March
in amount of $6119,979-66 leaving balance of $311,132.7']. Amount of delinquent personal pro-
perty taxes collected to date amounts to $20,163.56.
Discussion was held on garnishees and question o~as asked by Mr. Hall if it would be pro-
fitable to hire someone to get the notices out. Mrs. Straughn stated she thought it would
be profitable to put someone full time on collection of back property taxes. She stated com-
panies are reluctant to furnish their books to the County. Only three garnishee lists have
gone out this year. Garnishees have to be delivered, not mailed. Mrs. Straughn stated she
was the only one in the office who knew how to process garnishee notices.
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MINUTES OF THE MEETING - APRIL 5. 1971 - CONTINUED -
ACTING TAX COLLECTOR'S REPORT - CONTINUED -
At Mr. Harriss' suggestion it was agreed, by common consent, to wait until Mr. Henry
I,e~.is has made stud~r of the Tax Collector's office before discussing with the City possibility
of hiring someone to work on collection of back taxes. In the meantime Mr. Bowden will dis-
cuss additional employee with Mr. Brandon and be prepared to recommend when Mr. Zewis dis-
cusses the office.
TRANSFERS AND'APPROPRIATIONS -
The follooring transfers and appropriations were requested by the County kuditor:
$2240 from Court Facilities Fees Unanticipated to repairs of Magistrate's Office, Car-
olina Beach, ~250; Judge Tillery's office $490; Magistrate's Office in Basement of Courthouse
i615oo.
Mr. Oxenfeld moved, seconded by Mr. Williams, that the appropriation be made as recom-
mended by ~he Auditor. Motion carried unanimously.
Mr. Shepard requested $5,000 from the General Contin~ency Fund to the Sheriff's Depart-
ment Auto Expense; $2,000 to take care of arrears to date and f63,000 to carry them through
remainder of fiscal year. Mr. Williams moved, seconded by Mr. Hall, that the transfer be
approved. Motion carried unanimously.
Mr. Shepard advised it would be'necessary for $100 to be transferred from the General
Contingency Fund for travel expenses of the Jailer to Fayetteville:, N. C. for a school.
Mr. Marks moved, seconded by Ntr. Williams, the $100 be transferred with understanding ex-
penses be limited to a maximum of $100.
M~. Shepard stated it Urould be necessary to appropriate $320.95 from the General Contin-
gency Fund to Civil Defense for one-half of the Communication Survey conducted for City-County
by the North Carolina League of Municipalities. This was approved on May 18, 1970, but Gen.
Harriss did not carry this item over in his budget for this fiscal year. Mr. Williams moved,
seconded by Mr. Marks, that the $320.95 be reinstated, funds to come from the General Con-
tingency Fund. Motion carried unanimously.
Mr. Shepard advised he had received an additional bill in amount of $365 to cover in-
surance on 20 additional voting machines. Mr. Shepard stated $258 is needed from the General
Contingency Fund in order to pay this bill. Mr. Williams stated there was a question some-
time ago as to amount of premium running considerably higher here than in other areas and
stated if it is because of the location of the machines, maybe another location should be
considered. Nr. Williams requested the County Administrator pursue the matter. Mr. Williams
moved, seconded by Mr. Marks, that the premium be paid and $258 be transferred from the General
Contingency Fund to Board of Elections Department. Motion carried unanimously.
Request from Cape Fear Tech to transfer $100 from fuel to entertainment was discussed.
Mr. Hall moved, seconded by Mr. Oxenfeld that the transfer be approved. Motion carried
unanimously.
PUBLIC HEARING - ZONING AREA 4
PUBLIC HEARING - AP1~.~NDNfEIVTS TO ZONING ORDINANCE -
Chairman Harriss stated Yublic Hearing - Zoning Area 4 and Public Hearing - Amendments
to Zoning Ordinance raere open.
Mr. Neil Mallory stated a public hearing had previously been held on January 4 on Zoning
Area 4 and had been referred back to the Planning Department for further study. Since that
date the Planning Commission has held three public hearings and has worked with groups and
interested citizens, and at their past March meeting the Planning Commission recommended this
map to the Board for adoption.
Mr. Mallory briefly went over the changes made in the map since presented on January 4.
On the map previously presented the Industrial Zone was to the northern boundary of the Ft.
Fisher Golf Course. The proposed boundary has been moved northerly to ~ott's Creek; this
would be the southern boundary of the industrial zone including industrial land as 9ou leave
the City's one mile limit. This is one of the major changes that was made by the Planning
Commission. Also, the Planning Commission made some changes in the Commercial Area. The
changes of the commercial land use along U. S. 421 was the most difficult problem the Plar.-
ning Commission had because the Planning Commission did not want to recommend to the Board
a form of zoning that would strip 421 in a commercial nature that would impede its ability
to move the traffic in manner it is supposed to do. The Highway Commission was consulted
about the problem. They encouraged the Planning Commission in what it was tryin~ to do and
the Planning Commission has a supporting letter from the Division Engineer, Floyd Bass, as
to the effect strip commercial could have on 421 and:strongly encouraged that such develop-
ment be prohibited. In choosing the business or commercial zone the Planning Commission
looked at existing land use and the land development plan for the county. After looking
at the two of these they came up with the existing B-2 Zones; one in the vicinity of Silver
I,ake Road and U. S. 421, a large B-2 Zone is at Myrtle Grove Junction, a B-2 Zone at the
intersection of 118'7 and U. S. 421, and one at intersection of Secondary Road 1524 and 421.
Mr. Mallory stated in looking at requests from the public they saw requests for shopping
centers in this area, so not knowing where the demand will necessitate the location of
the shopping centers, the Planning Commission recommended a change of the Zoning text which
provides for a shopping center district and sets out the requirements that if a developer ~
wants a shoppin~ center district, if he will meet the criteria as specified, then the Plan-
ning Commission would review it and make a recommendation to this Board that the shoppin~
center district zone be created.
In addition to the changes just outlined, there was a request at the last public
hearing by the Planning Commission to establish an I-2 or industrial zone at the point where
the intracoastal waterway intersects with the Cape Fear River.
Changes were also recommended to the Zoning text.
Mr. Mallory stated the Planning Commission recommends adoption of the Zoning Nap and
Zoning Text.
601
MINUTES OF THE MEETING - APRIL 5. 1971 - CONTINUED -
PUBI,IC HEARING - ZONING AREA 4
PUBLIC HEARING - AMENDMENTS TO
Mr. Harriss asked if anyo
Moore, Mobile Home Dealer; Mr.
6ttorney, representing several
and Mrs. Eudie Roberts of P,ick
ZONING ORDINANCE - CONTINUED -
~e wished to be heard. .The following ~aere heard from: Mr. Carl
Bill Davis, Carolina Pipe Company; Mr. William Z. Hill, II,
clients; Mr. James Swails, Attorney, representing clients;
Realty Company.
Al1 of those appearing were against zoning o£ this area from a commercial and residential
standpoint. They are satisfied with it as is.
Mr. Hill was rather len~thy in his discussion pointing out he felt pyramid zoning should
be permitted, pointing out a piece of land which has been used for fairs will now be residential.
Also, i£ someone wants a shopping center it will cost a lot of money to prepare data for pre-
sentation to the Planning Commission before consideration will be given to zoning for such.
Mr. Williams pointed out considerable consideration has been given by the Planning Com-
mission as well as the Planning Staff to the study of Zoning Area #4.
Mr. Swails stated his clients are concerned with area designated as I-2, Industrial area,
which is precariously close to residential lots to be sold by his client.
Mr. Harriss declared Public Hearing closed at this time.
Mr. Harriss stated he could not completely buy the Planning Commission's business designa-
tions on this road; he was of opinion they are limited. He stated the Highway Department's
objections to moving traffic would not be, in his opinion, any more valid if you allowed_in-
dividual houses to have access to this road. If moving traffic is desired a limited access
road with a control road running along side of it could be provided. He stated as far as he
can remember Carolina Beach Road has never been a residential road.
P1r. Harriss stated he hoped further consideration would be given these business sites
and possible revision of this map.
Mr. Mallor~ stated they had another look at the land use of 421 after first public hearing
and found from the City's one-mile limit to Snow's Cut only 30 businesses and of the 30, 20
were not included in the zoning and this has been reduced to less than 10. Also, from the
one-mile limit to Snow's Cut residencies that have direct access with close proximity to
Highway 421 number 233.
Mr. Harriss stated the chair would entertain motion to defer action on this until a future
date.
Mr. Marks moved, seconded by ~r. Hall, that the Board defer adoption of this zoning
plan until a future date for further consideration and that date be made public. Motion
carried unanimously.
Meeting recessed at 10:35 A.M.
Meeting reconvened at 10:40 A.M.
PUBLIC HEARING - AMENDMENT TO SUBDIVISION ORDINANCE -
Mr. Harriss declared public hearing open to consider following amendment to'the New Hanover
County Subdivision Regulations:
"Ai~T ORDINANCE OF THE COUNTY OF NEW
HANOVER AMENDING THE SUBDIVISION REGUI,ATIONS
OF NEW HANOVER COUNTY
ADOPTED FEBRUARY 1'], 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section l. That the Subdivision Regulations of the County of Nera Hanover.adopted
February 1'7, 1969, are hereby amended by the fbllowing:
1. Amend Article I, Section 5 by adding the..£ollovring:
If a developer made actual physical improvements to his property toward
the development o£ a subdivision prior to November 1, 1965 (the effective
date of the Subdivision Regulations adopted by the Board of:Commissioners of
New Hanover County on October 18, 1965) and if he filed at lease a prelim-
inary plan of said subdivision, with the County Planning and Zoning Commission
(now known as the Wilmington-New Hanover Planning Commission) prior to January
1, 1°66; then and in that event, these regulations shall not be applicable to
such property.
Section 2. Any ordinance or part of any ordinance in conflict with this
ordinance, to the extent oP such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of public health, safety,
and general welfare of the inhabitants o£ the County of New Hanover, North Carolina,
and shall be in full force and effect from and after its adoption.
Adopted this ~ day of April, 19~1."
Nr. Mallory stated that back in February, 1971, the Commissioners enacted a new subdivision
regulation thereby repealing first subdivision regulation ordinance that was enacted in Oct-
ober, 1965. The old ordinance exempted developers wholiad.presented their preliminary plan
to the Commission by a certain date. Through oversight this exemption was not put in the
current subdivision regulation; it was intended to be there but it has been determined
it is not there.
Mr. Oxenfeld moved, seconded by Mr. Williams, adoption of this amendment under Article 1,
Section 5. Motion carried unanimously.
Public Hearing was closed on consideration o~ the Amendment to the Subdivision Ordinance.
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MINUTES OE_THE..MEETING - APRIZ 5. 1971 - CONTINUED -
AMENDMENTS TO ZONING ORDINANCE -
Discussion was held on section of amendments pertaining to access to private dwellings.
At present the Zoning Ordinance requires that it have direct connection with a state
maintained road.
After discussion Nr. Williams stated he did not understand action was being deferred on
the amendments to the Zoning Ordinance but only on zoning of Area #4.
Nr. Williams moved, ~econded by Mr. Oxenfeld, adoption of the amendments to the Zoning
Ordinance as presented. Notion carried unanimously. Zoning Ordinance amendments are as
follows:
"AN ORDINANCE OF THE COUNTY OF NEW
HANOVER AMENDING THE ZONING ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
' Section 1. That the Zoning Ordinance of the County of New Hanover adopted
October 6, ~959, is hereby amended by the following:
1. Amend Article IV, Section 41-6 to read as follows:
Section 41-6 Damage or Destruction - If a building occupied by a
nonconforming use is destroyed by any means to an
extent oi more than eighty (80) percent of its re-
placement cost at the time of destruction such
building may not be restored for any nonconforming
use unless approved by the County Commissioners.
The percentage of destruction will be determined by
the Building Inspector. Structures used for
residential purposes shall be exempt from this
provision and may be replaced if damaged or destroyed.
2. Amend Article V, Section 52-3 by adding the following:
(20) Gif~ Shop on a lot adjacent to
(21) Outdoor Recreational Activities
numbered highway
U. S. or N. C. numbered highway
on a lot adjacent to a U. S. or N. C.
3, i~mend Article V, Section 54-2 (9) by deleting the following:
pick-up station
4. Amend Article V by adding the following:
Section 58 - Shopping Center District
58-1 Creation - The Board of County Commissioners, on recommenda-
tion of the Planning Commission, may rezone any area as a
Shopping Center District on findings that the area has the
following characteristics:
(1) The area contains a minimum of seven (~) acres.
(2) The area does not extend across any major highway.
(3) A shopping center in this location will not have unduly
adverse effects upon existing residential properties
which abut~ this district.
(4) The street and highway system serving the area is
adequate to handle the amount of traffic which the
Shopping Center might reasonably be expected to
~enerate, without creating undue hazards to safety
or unreasonably impediments to the flow of other
traffic.
(5) Adequate utilities to serve the district are available.
(6) The topography of the site is sufficient to accommodate
a shopping center and its required o£f-street parking
spaces.
(']) The location of the proposed district is in general
conformity with the Land Development Plan for New
Hanover County
($) The owner or owners of the entire area to be rezoned
have joined in the petition for rezoning.
58-2 Procedures - In creating a Shopping Center District, the
same procedures shall be followed as those for making any
other amendment to the zoning ordinance under Article XI
hereof. In addition, the applicant for rezoning shall be
required to submit the following as a prerequisite for
consideration of the proposed amendment:
(1) A written description of the market area intended to
be served by the district, including population, effective
demand for proposed business facilities, and such other
information as the Planning Commission may reasonably
require in order to determine the extent of the need
for such a shopping center at this location.
,
(2) A site development plan for the proposed district showing
the following features:
(a) The location and general exterior dimensions of
main and accessory building, and the types of uses
proposed for each;
(b) A time schedule showing the successive stages of
development for each structure;
(c) A traffic and circulation plan showing ingress and
egress to and from the hightaay and the internal pl:an
o£ circulation;
(d) Off-street parking and loading spaces in accordance
with Article VIII hereof;
(e) Topography at contour intervals no greater than two
(2) feet;
603~
MINUTES OF THE MEETING - APRIL 5. 1971 - CONTINUED -
AMENDMENTS TO ZO1V'iNG ORDINANCE - CONTINUED -
~ (f) The general drainage system, includin~ both natural
and manmade features, and the proposed treatment of
ground cover, slopes, banks and ditches;
(g) The location and materials of walls and fences.
No amendment creatin$ a Shopping Center District shall be
enacted vJithout concurrent approval by the Board of County
Commissioners of a site development plan for the district.
Where the Board of Commissioners finds that any of the re-
quirements of this ordinance have not been met, or that the
site plan Pails to provide unity of development with other
business properties, or that it fails to adequately protect
residential property from the adverse effects of a business
operation, or that it fails to provide safe cond.itions for
pedestrians, the Board may refuse to approve the site plan.
After approval of the site development plan, a copy of the
approved plans shall be filed with the Building Inspector,
and no building permit shall be issued for any property within
the area except in conformity~with the approved plans. No
certificate of occupancy shall be issued for any building or
structure within the district until the Building Inspector
finds that required. off-street parking and loading space for
the building or structure and any other necessary facilities
shown on the plan have been constructed.
58-3 Failure to Compl.y with Plans - In event of failure to comply
with the plans or the time schedule for construction approved
by the Board of Commissioners, no building permits for further
construction shall be issued. All completed structures
shall be regarded as nonconforming uses subject to the provi-
sions of Article IV of this ordinance; provided, however,
that the Board of Commissioners shall not be prevented from
thereafter rezoning said property for its most appropriate
use.
58-4 Amendment of District Boundaries or of Auproved Site Plan -
The Board of Commissioners may from time to time amend the
ordinance so as to enlarge or diminish a Shopping Center
District or to rezone it entirely for other purposes; provided,
however, that no amendment shall reduce the size of such
district to less than seven (~) acres, unless the entire
district is rezoned for other purposes. In making any such
amendments, the same procedures.specified for creation of
the original 3hopping Center District shall be followed.
The owner or owners of property included in a Shopping Center
District may at any time file a request for amendment of the
approved site development plan. Such a request shall be
treated in the same manner as an amendment to the zoning
ordinance as provided in Article XI hereof.
58-5 Uses Permitted - Only the following uses shall be permitted
in a Shopping Center District: .
(1) Permitted uses of the B-1 District
(2) Bakeries
(3) Shoe shops
(4) Indoor theatres
(5) Indoor recreational facilities
(6) Hotels and Motels
.('7) Newstands
(8) Service Stations
(9) Public garages (but no outdoor stora~e of junked vehicles
for more than two (2 weeks.)
(10) Principal use sign
58-6 Dimensional Requirements
Shopping Center District
(50) feet to any street
boundaxy or nearer than
property line along the
- No building or structure in a
shall be located nearer than fifty
right-of-wa~ abutting the district
twenty-£ive (25) feet to any other
district boundary.
5. Amend Article VI, Section 65 to read as follows:
Section 65 Structures to Have Access
65-1 Every structure hereafter erected or moved shall be on a 1ot
adjacent to a street that meets the minimum requirements for
acceptance and maintenance by the State Highway Commission or
to a street or road existing prior to the enactment of this
ordinance. The followin~ are exempt from the requirements
of this section:
(1) Single and/or two (2) family dwellings on a lot one (1)
acre or more in area;
(2) Lots of record prior to the adoption of this ordinance
that have sufficient area to meet the minimum requirements
of the district in which they are located;
(3) Structures that are to be used in connection with a bona
fide farming operation; and
(4) Single and/or two (2) family dc•aellings on a lot having
access over a private driveway or easement to a street
meeting the requirements set forth above, provided such
' ~ driveway or easement is an easement appurtenant to three
(3) or less lots and is owned solely by a lot owner or
in common by three (3) or less lot owners.
6. Amend Article VI by adding the follov.~ing:
Section 66 - Structures Within Easement of Atlantic Intracoastal Waterway
66-1 The Building Inspector shall notify the United States Corps
of Engineers of any application for a build.in~ permit to erect,
enlarge or move any structure Frithin the easement of the
Atlantic Intracoastal Waterway.
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MIN[TTES OF THE MEETING - APRIL 5. 1971 - CONTINUED -
AMENDMENTS TO ZONING ORDINANCE - CONTINUED -
~. Amend Article VII, Section ']2 by adding the following:
~2-19 Gift Shop - Gift shops may be permitted on a lot adjacent to a
U. S. or N. C. numbered highway in R-15 Districts subject to the
requirements of the district and provided that:
(1) The total amount of land devoted to such use shall not
exceed one (1) acre;
(2) The gross square footage of the structure devoted to
such use shall not exceed three thousand (3,000) square feet;
(3) Vehicular services such as but not limited to the sale of
gasoline, oil, washing, etc., shall not be permitted on
the premises housing such use;
(4) Specifications for a proposed principal use sign shall be
submitted with the application £or the special use permit;
(5) Off-street parking shall meet the requirements outlined in
Article VIII for retail use;
(6:) The gift shop shall be limited to offering novelty gifts
and/or souvenirs. The serving of food shall be prohibited
except from vending machine sales; and
(7) All structures shall have a side yard ten (10) £eet and a
front yerd twenty-five (25) feet greater than that required for
a single family residence within the district located.
']2-20 Outdoor recreational Activities - Outdoor recreational activities
may be permitted in R-15 Districts, subject to the requirements
of the district and provided that:
(1) Such activity is on a lot adjacent to a U. S. or N. C.
numbered highway;
(2) All structures shall have a side yard ten (10) feet and a
front yard twenty-five (25) feet greater than that
required for a single family residence within the district
located; and
(3) Other conditions as the Board of Commissioners on recommenda-
tion of the Planning Commission deems reasonable and
appropriate for such outdoor recreational facility.
Section 2. Any ordinance or part of an5 ordinance in conflict with this
ordinance, to the extent of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of public health, safety,
morals and general welfare of the inhabitants of the County of New Hanover, Nort
Carolina, and shall be in full force and effect from and after its adoption.
Adopted this ~ day of April, 19'J1."
BR~OKFIELD, SECTION 3-B PLAT -
Mr. Jerry Ramsey stated the Planning Commission is satisfied the improvements have
been made and they have a letter to e£fect street has been installed. Also, all sigz~atures
have been received. Mr. Ramse,y requested Commissioners approve plat and authorize the
Chairman to sign.
Mr. Oxenfeld moved, seconded by Mr. Hall, that the plat be approved and the chairman
authorized to sign. Motion carried unanimously.
PARRWOOD SUBDIVISION, SECTION 3 PLAT -
Mr. Ramsey presented Yarkwood Plat next stating developer is getting bond and requested
p18t be approved and the Chairman be authorized to sign upon receipt of bond. Mr. Qxen-
feld moved, seconded by Mr. Hall, that plat be approved and the Chairman authorized to sign,
subject to receipt of proper bond. MotiDn carried unanimously.
KINGS GRANT, SECTION 8 PLAT -
Mr. Hamsey presented Kings Grant, Section 8 Plat stating developer is getting letter
of credit or bond and requested plat be approved and the Chairman be authorized to sign
when proper letter or bond is received. Mr. Oxenfeld moved, seconded by Mr. Marks, plat
be approved and the Chairman be authorized to sign upon receipt of proper document. Mo-
tion carried unanimously.
LffiIGH ESTATES SUBDIVISION PI,AT -
Nr. Ramsey presented Lehigh Estates Subdivision Plat stating the developer is coming
under 25 lot provision but plat need.s signature of Chairman of Planning Commission. Mr.
Ramsey requested approval of the County Commissioners and the Chairman be authorized to
sign as soon as all other signatures are obtained. Motion carried unanimously.
A.B.C. PERMIT REQUESTS -
The following A. B. C. Permit
System, Inc., 4010 Oleander Drive;
1940 Carolina Beach Road; Carolina
Market, 2'758 Vance StY~eet; Gene's
Carolina Beach; and Dolphin Grill,
Requests were presented to the Board: Miama Mia Food
Zip Mart #9, 4951 University Drive; Morris' Grill,
Colony Service Sta., Carolina Beach; Rooks Grocery and
r'ish Market & Grocery, Carolina Beach; Glenn's Palace,
4lilmington Beach.
Mr. Oxenfeld moved, seconded by Mr. Hall, that the requests be forwarded to the
Sheriff's Department £or investigation. Motion carried unanimously.
APPOINTMENT MEP'iBERS SEDC COMMISSION -
Mr. Harriss stated it is time to appoint members to SEDC Commission. Mr. Williams
moved, seconded by Mr. Hall, the Chairman be authorized to appoint the two members and would
like to see Mr. Marks continue.
Mr. Marks advised the Board Mr. Van Reid had resigned and he, Mr. Marks, had been
serving for nearly two years now and neither of the other two ~entlemen have attended a sin-
gle meeting and suggested consideration of~ two other people who can serve and render val-
uable service to the objects of our association. By common consent it was agreed. to follow
Mr. Marks' recommendations.
Vote was called on motion. It carried unanimously.
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MINUTES OF THE MEETING - APRIL 5. 1°r71 - CONTINUED -
DISPOSAL OF FEDERAL TAX I,IENS -
Mr. Bowden presented request of the Register of Deeds to dispose of all Federal Tax
liens 15 5ears old or older as recommended by State Department of Archives and History,
Chapter Six (6), Page 36 of the County Records Manual. Also, authorized by G. S. 4-4-65
and 44-66 and Chapter l, Articles 14-1'] of Records Manual.
sQJ
Mr. Hall moved, seconded by ~r. Williams, request be approved. Motion carried unanimously.
JUVENILE DETENTION CENTER COMNiITTEE -
Mr. Charlie Brown, Chairman, Juvenile Detention Center Committee; Miss Zela Moore Hall;
Messrs. Beverly Paul, Ron Knoff, Frank Ballard, Tom Fields, Judge Burnett and others appeared
before the Board.
Nr. Brown stated this committee was formed to study facilities, as to the need, lo-
cation, financing and any other thing that might come under this classification. This com-
mittee was funded by the Board of Commissioners and matching funds from the Governor's
Committee on Law and Order. With this money the committee is able to present plan today.
Mr. Brown outlined need for center and outlined what center will do for juveniles;
isolate them from criminals and with proper staff help them to enter back into society.
Nr. Brown furnished summary of expense. Cost of construction will be $218,520.00,
State to pay $91,'758.00 throu~h Governor's Committee on Law and Order, County Share $126,'762.00;
annual operating cost $54,000 (estimate). Mr. Brown stated his committee is 98'~ sure County
can receive grant of $18,000 per year toward the operating cost for the first year. Center
will have 18 beds.
Mr. Brown pointed out to get matching funds center will have to be a regional concept.
~15.00 per day per person has been recommended for any outside counties and they will be
encouraged to use center which will reduce operating cost.
At this juncture Mr. Harriss thanked Mr. Brown and his entire committee for this tre-
mendous piece of work.
Mr. Hall raised. question of whether this had to be commenced within a particular time
for county to avail itself of matching funds.
Mr. Tom Fields stated normally one year from ground work.
Mr. Harriss stated there is $25,000 interest on certificates of deposit which would be
available now and county can state now it is the Board's intention to appropriate remainder
at budget time.
Mr. Williams asked if authority is given to go ahead today and request bids, what is
earliest date bids can be received. Mr. Frank Ballard said 90 days.
Mr. Williams pointed out that before a contract is let money has to be appropriated and
certi£ied.:to by the £iscal officer of the County. Mr. Shepard said "Yes" but county can borrow
from the General Fund to satisfy that commitment.
Mr. Harriss asked, assuming prompt action will be taken, what is earliest date this
facility can be operational. Mr. Ballard stated probably ten months.
Mr. Williams moved, seconded by Mr. Hall, that the Board approve the plan as recommended
by the Juvenile Services Study Committee and that Mr. Ballard, of the Architectural firm
which has been employed, be authorized to proceed to call for bids at the earliest practical
date. Motion carried unanimousl~.
Mr. Williams moved, seconded by Mr. Hall, that the Board publicly give a rising vote of
thanks to the full committee for the good work they have done and that the Board pledge to
follow through. Motion carried unanimously.
Mr. Brown stated he appreciated the support the committee has given him and stated a
great deal o£ credit should go to Ron Knoff for his experience and help as a consultant; he
has done a tremendous job.
Mr. Marks expressed reluctance in voting for this facility due to increase in taxes of
6 cents per $100 which it will cause and primarily for the lack of participation of other
counties in our region in the cost of the construction of the facility.
Mr. Harriss stated he was of opinion there are considerations which supersede an,y dollars
and cents thinking in this matter. Mr. Harriss stated he felt the County has long neglected
the duty as parents and public officials in providing a decent way to keep young people in
detention who have gotten off of the right track. Mr. Harriss stated there was no way of
knowing the center would cost 6 cents; the base for New Hanover County taxes has not been
established.
PUBLIC ASSISTANCE BUDGET ESTIMATES
Miss Hall presented public assistance budget estimates for 1971-']2. Aid to the Aged
decreased this year whereas Aid to the Disabled increased and Aid to Families with Dependent
Children increased. Miss Hall stated total increase in County Funds amounts to $20,387 over
last year for these three categories.
Miss'Hall:stated she had recommended to her Board that the County's share for Medicaid
should be $21,000 per month or $252,440 per year. This is an increase over last year of
$64';219. Miss Hall stated it is assumed the State of North Carolina will take this program
over, however the County Government will still be responsible for the administration.
Mr. Hall pointed out $40.00 is not paid to every child of one home; it decreases for each
child.
It was pointed out if the State takes over Medicaid, it will save the County one quarter
million dollars.
Mr. Aall moved, seconded by Mr. Oxenfeld, that the chairman be authorized to sign these
budget estimates. Motion carried unanimously.
/
I
6 O~ MINUTES OF THE MEETING - APRIL 5, 19'71 - CONTINUED -
&EPORT ON FACILITIES PROVIDED BY COUNTY FOR SOCIkL SERVICES -
Mr. Marks advised the Board of letter from Clifton M. Craig stating that it was found
upon annual inspection and evaluation that office space, equipment and facilities provided
the New Hanover County Social Services Department were in complicance with standards and
reouirements set out by the State Department of Bocial Services.
AFPROUAL OF ASSISTANT COUNTY EXTENTION AGENT
Mr. Durwood Baggett presented Mr. Thomas Edward Dail who had applied for vacant
position of Assistant Count~r ~tension Agent. There is an increase in salary over that
appropriated in the budget. Salary will be ~9,000 per annum. Current budget calls for
$'7,828 per annum.
Mr. Baggett stated main thrust will be at the Marine House. Other need will be with
boys and girls 4-H Clubs.
Mr. Harriss pointed out Harbor House has attracted literally thousands of people in
this area which has helped to establish Wilmington in minds of many people as being a Marine
Science Center.
Mr. Williams moved, seconded b~ Mr. Hall, approval of change in salary scale as applied
to Mr. Dail. Motion carried unanimously. Funds for this increase are in the Salary Budget
for Agriculture Extension Service.
DISCUSSION OF JAIL FACILITY -
Mr. Harriss advised he had received a letter from Mr. Clifton Craig of March 29, 19~1
regarding inspection of the jail.
Letter stated County is to be complimented on improvement in the jail. Mr. Harriss
read from the letter as follows: "I would, however, like to stress the need £or an ade-
quate confinement facility and request that necessary planning and funding be expedited in
order that this need be met at earliest possible date. If you and an~* of the New Hanover
County officials need help from this department, I, or members of my staff, will be pleased
to provide such assistance." Mr. Harriss stated county is at least a year or a year and
one-half away from seein~ something on the ground that County can put prisoners in.
Mr. Harriss stated possibility of expanding present facilities has been looked into
and it was opinion, but not unanimous, it was not feasible under present circumstances.
Mr. Harriss stated he thought it was time to begin action toward making a decision on
(1) site of a jail and (2) size and type of facility. Much o£ (2) will be matter of re-
search. Number (1) zaill be biggest problem, but does not see an,y wa,y of progressing unless
the Board makes a decision.
Mr. Williams reminded Mr. Harriss he had previously appointed a committee to make a
study but maybe the committee did not go into it in as much depth as he had. in mind, however
the committee met and made its report. Mr. Harriss then reappointed same committee with Mr.
Oxen£eld as chairman. Mr. Williams stated he was in agreement County should move forward
on proposition.
Mr. Williams suggested appointment of architect today to begin plans for study of jail
and overall needs of county. Mr. Williams was of opinion committee will need architect to
work with them.
Mr. Harriss felt county is one step away from this and felt like Mr. Craig should be
requested to send someone down for a study.
Mr. Oxenfeld. said he had done quite a bit of research but had not called a meeting, and
stated it was the contention of experts on th'is that it be a one story building, and to put
a one story building on the site where most other county build.ing are located would take
a~ood portion of property. Mr. Oxenfeld was in agreement with getting help from people
in Raleigh.
Mr. Harriss suggested Mr. Oxenfeld get in touch vrith the people in Raleigh and arrange
meeting.
Mr. Williams requested he be relieved of servir~ on this committee and Mr. Hall be
put on as his replacement. Mr. Harriss accepted Mr. Williams' resignation as an active par-
ticipant and appointed Mr. Hall to serve.
MENTAL HEALTH - HIRING OF PSYCHOLOGICAI~ SERVICES DIRECTOR I AND SOCIAL WORKER II -
Mr. Marks presented letter from Mr. John D. Wilson, Local Health Administrator, advising
the Mental Healthe.Advisory Board on March 31, 19']1 voted to request the Commissioners to
hire Mrs. Jean Davidson, as Psychological Services Director I, effective as soon as her
qualifications are approved by the State Merit System and Mr. Henry C. Smith as Social
Worker II, effective June 1, 19'71.
Mr. Marks moved, seconded by Mr. Hall, that the Mental Health Advisory Board be author-
ized to secure the services of these two persons on the basis of the salary ratings of the
State Personnel Department as to their experience and academic qualifications without ex-
ceptions. Motion carried unanimously.
Mr. Marks explained what the Board is authorizing is to secure the services of these
two persons on the actual rating basis of the State Department o£ Personnel.
MEMBERS BOARD OF HEAI,TH -
Mr. ~arks advised the Board of Commissioners is entitled to appoint two additional mem-
bers to the Board of Health. Mr. Williams stated he understood this to be correct and if
so, he would like to see the Board add additional members.
Nr. Fox, after checking the statute, advised the Board has the privilege of requesting
the ex officio members on the Board of Health to appoint two additional members to represent
the Commissioners.
By common consent it was agreed this be done.
MINUTES OF THE MEETING - APRIL 5. 1971 - CONTINUED - 6~~
USE OF CELL BLOCKS AT PRISON FARM FOR DOGS -
Mr. Bowden requested permission to use the cell blocks at the Prison Farm to house dogs.
By common consent it was agreed this is an ad.ministrative matter and Mr. Bowden wiZl handle
as such. Mr. Bowden stated he orill need approximately $500 for the work.
MEETING ON APRIL 13, 19.71 AT FAYETTEVILLE, NORTH CAROLINA DISTRICT COUNTY COMMISSIONERS -
By common consent it was agreed any Commissioner who wished to attend this meeting be
authorized to do.
JEAN 0. MELVIN, FIELD R~rxr;SENTATIVE - STATE OF NORTH CAROLINA DEPARTMENT OF LOCAL AFFAIRS -
Mr. Bowden stated he had reCeived request from Jean U. Melvin to meet wi~h the Soard, and
he would like to invite him domrn for next meeting to discuss their purpose and responsibility
to the Iocal ~overning body in the £orm of assistance and service that they have. By common
consent it was agreed to have Mr. Melvin;.meet.with the Board on April 19th.
LEGISLATIVE BUI,LETIN #12 -
JAIL MONEY:
Mr. Bowden called attention to announcement in Legislative Bulletin No. 12 there is
going to be $']50,000 in Jail money in the next biennium and any who gets there first will
probably get the biggest share.
ZEGISZATIVE BULLETIN ~ 12 (CONTINUED~ -
ADMINISTRATION OF ALL WELFARE PROGRAM,S BY STATE:
Mr. Bowden called attention to another item in the bulletin;that the State Social Services
Board aruiounced the recommendations of hired private consultants that the State of North
Carolina gradually take over the financing and administration of all welfare programs. Re-
p~rrt is being analyzed and findin$s will be out at District Meetings scheduled for April 13
and 19.
Another item in this buZletin was that the North Carolina Association of Commissioners
is trying to get:,through the House a bill to provide additional tax monies on banks on
personal property.
ACKNOWLEDGII"tENT FROM STATE DEPARTMENT OF REVENUE -
Mr. Bowden advised he was in receipt of acknowledgment from the State Department of
Revenue that the resolution on ~he 1% Sales Tax was received and would~;become effective
May 1, 19~1.
Also, a letter has been received from Mayor Rogers of 4Jrightsville Beach thanking the
Board for their action.
DEPARTMENT OF WATER AND AIR RESOURCES
Mr. Bowden reviewed letter from CIr. George Pickett, Director, State De artment of Water
and Air Resources, with o~hich were received three bills to be introduced (1~ to increase
the discretion of Boards of County Commissioners in Coastal counties in making appropriations
and levying taxes for beach erosion and hurricane and flood protection purposes, (2) to
authorize coastal municipalities to appropriate funds and levy taxes for-beach erosion control
and flood and hurricane protection projects and (3) to provide for the administration of the
hurricane flood protection and beach erosion control, project revolving fund by the North
Carolina Board of Water and Air Resources.•
Mr. Marks moved, seconded by Mr. Oxenfeld, that the proposed bills be approved and that
our legislators be advised accordingly. Motion carried unanimously.
NORTH CAROI,TNA SECTIOId OF AMERICAN WATER WORK,5 ASSOCIATION -
Notice from ~he North Caro2ina Section of American Water Works Association to the ef£ect
the North Carolina General Assembly is considering legislation which affects cities insofar
as waste treatmen~ plants are concerned was discussed. If passed, North Carolina will pick
up 25% of the cost o~ the plants which would relieve the local municipality of that much.
At the present time the Federal government is paying from 30 to 33% and the local government
is paying ~0'~. Itr is also proposed that the federal government participation be increased
to 50~/.
Mr. Marks moved, seconded by Mr. Hall, that this proposed legislation be approved and
our legislators be advised. Motion car'ried unanimously.
COURSE IN APPRAISAI~ OF RFAL PROPERTY - INSTITUTE OF GOVERNMENT -
Mr. Bowd.en advised Mr. Powell will be attending week-long course on the appraisal of
real property at the Institute of Government in Chapel Hill sponsored by the North Carolina
Association of Assessing Officers.
ADJOURNMENT -
There being no further business to come be~'ore the Board, meeting was adjourned.
Respectfully submittec3,
Hazel Savage
Clerk to the Board
HS/bh
MINUTES OF SPECIAI~MEETING - APRII, 7. 1971 - 12:00 P. M. -
ASSEMBLY -
Special Meetin~ of the New Hanover County Board of Commissioners ~n~as held on the above
date and time in the Commission Building with the following present: Chairman Meares Harriss,
Jr., Vice-Chairman Berry A. Williams, Commissioners H. A. Marks, John R. Oxenfeld; County
Attorne5 James C. Fox, County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to
the Board. .
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