1971-05-17 Regular Meeting641
MINUTES OF Tf~ MEETING - MAY 3. 19~1 -(CONTINUED) -
CHANGE OF NAME OF WATER AUTHORITY -(CONTlivu~L) -
(SEAL)
Attest:
(s)
City Clerk of the City of
Wilmington, North Carolina
(SEAL)
Attest:
(s) Hazel Sava~e
Clerk of the Board of
Commissioners of New
Hanover County
. Chairman of the
Board of Commissioners oP
New Hanover County
At the time and place above stated ax~y resident of New Hanover County
or any other interested person may appear and be heard.
Dated this 6th day o£ M~, 19'71.
(s) Hazel Sava~e
Clerk of the Board of Commissioners
of New Hanover County
Section 4. This resolution shall take effect upon its passage.
Thereupon Commissioner Marks moved the passage of the foregoing re-
solution: "RESOLUTION 9UTHORIZING AND DIRECTING T1iE PUBLICATION OF A NOTICE OF
PUBLIC HEARING ON 'PHE PROPOSED CHANGE OF NAME OF WII,MINGTON-NEW HANOVER WATER
AND SEWER AUTHORITY TO LOWER CAPE FEAR WATER AND SEWER AUTHORITY", and the
resolution was passed by the following vote:
Ayes: Commissioners Meares Harriss, Jr.. Berr.v A. Williams, J. M.
Hall, Jr., H. A. Marks, John R. Oxenfeld
Noes: None."
SALE OF FARM HOUSE
Mr. Bowden called attention to the fact nothing had been done about selling the
farm house to Mr. Mintz and this would have to be done or rent should be charged Mr.
Mintz who is still livin~ there. Mr. Bowden stated he felt the appraised amount is
high. Mr. Bowden requested permission to offer house to Mr. Mintz at appraised value
or on a rental basis of $50 to $60 per month.
Mr. Hall moved, seconded by Mr. Oxenfeld, that the house be disposed o£ for its
assessed value, and if unable to attain that amount, that it be put up for sale at
best of£er. In the meantime, house should be rented to Mr. Mintz for $50 per month.
Motion carried unanimously.
ADJOURNMF,NT - ~
There being no further business to come before the Board, Mr. Williams moved, seconded
by Mr. Hall, that the meeting adjourn. Motion carried unanimously.
Respectfully submitted,
~
HS/bh
Hazel Savage
Clerk to the Board
MINTJTES OF THE MEETING - MAY 17, 1971 - 9:00 A.M.
ASSEMBLY -
The regular semi-monthly meeting of the New Hanover County Board of Commissioners was
held on the above date and time in the Commission Buildin~ with the £ollowing present:
Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall,
Jr., H. A. Marks, John R. Oxenfeld; County Auditor Perry Shepard; County Administrator
Laurence 0. Bowden; and Hazel Sava$e, Clerk to the Board. County Attorney James C. Fox
was absent.
INVOCATION -
Chairman Harriss called the meeting to order and asked Rev. Neil McMillan, Pastor,
Winter Park Presbyterian Church, to give the invocation.
tsutuvING OF HEMENWAY HAZL -
Chairman Harriss stated it was in order to officially recognize the task that is facing
the Superintendent and his aids in bringing order out of the chaos in which the destruction
o£ Hemenway Hall is cast along with the entire school system, and to pledge the Commissioners'
efforts in assisting him and the school system in anyway possible. By common consent the
Board agreed to do this. o
I
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MINUTES OF THE MEETING - MAY 17, 1971 -(CONTINUED) -
APPROVAL OF MINUTES OF REGULAR MEETINGt MAY 3~ 1971 -
The following corrections were made to the minutes of May 3, 19'71:
On Page 3 under heading "Auditor's Request for Trans£ers and Appropriations", second
paragraph, first sentence should read: "... and $1,800 to Electrical Inspector ...".
Under same heading, £ifth paragraph, first sentence should read: "Mr. Shepard re-
quested transfer of $25 to Nental Health Janitorial Supplies ...".
Mr. Mallory requested the following changes:
On Page '7 under heading "Approval Subdivision Plat - Walnut Hill, Section 1", second
sentence should read: "There are about 86 lots in this section of the subdivision ...".
On Page 8 Mr. Mallory pointed out following changes: Name of Wag should be Wade, name
of Hudgins should be Hudgens. Also, Mr. Mallory requested it be stated clearly that Mr.
Hudgens is with the Coastal Zone Resources Corporation.
Next to last paragraph should read: "Dr. Adams advised the Board to furnish comments
it has to Dr. Linton, Commissioner, State Department bf Conservation & Development, Divi-
sion of Commercial Sports & Fisheries."
Following these corrections, Mr. Oxenfeld moved, seconded by Mr. Hall, that the minutes
be approved as written. Motion.carried unanimously.
APPROVAL OF BOARD OF EQUALIZATION & REVIEW MINUTES -
Mr. Williams.moved, seconded by Mr. Marks, that the minutes of the Board of Equalization
be approved as written. Motion carried unanimously.
MEDICAL.EXAMINERS' CFiARGES FOR SERVICES
Mr. ~hepard advised he is in receipt of statement for services of Medical Examiners in
amount of $1,650, $1,350 of this amount due New Hanover Memorial Hospital, remainder due
various local doctors. Mr. Shepard requested $2,000 be transferred from Interest on Invest-
ments General Fund.
A£ter discussion of the bill, particularly the seemingly high fees charged by the hospital,
by common consent action was deferred until an investigation can be made by the County Ad-
ministrator and a report made thereon.
INSURANCE - TRANSFER OF FUNDS
Mr. Shepard advised he was in receipt of bills to cover insurance on Public Employees
Faithful Performance $39, Bond for Mrs. Janie Straughn $143, and Outboard Motor Policy
(Sheri£f's Department) $102, total $284. Mr. Shepard recommended this amount be transferred
from Interest on Investments. Mr. Hall moved, seconded by Mr. Marks, that the trans£er be
approved, funds coming from Interest on Investments. Motion carried unanimously. .
MISCELLANEOUS REQUESTS FOR TRANSFERS BY AUDITOR -
Mr. Shepard requested the following transfers:
FROM - Unanticipated Revenue on Investments Gen. Fund ~960
TO - Reg. of Deeds Telephone (1) $100
Auditor's Telephone (1) 210
Auditor's Stat. & Office Supplies (2) 400
Commissioners' Advertising 250
' $y60
(1) - Due to installation of telephones for change of office.
(2) - Due to increase volume of paper work from taking over bookkeeping, accounting,
purchasing and payroll of Health Department, Purchase of vouchers, requisitions,
purchase orders, etc. Also, increased cost of the above and increased cost of
budget printing of 15 copies of budget. $150 to R/Deeds - expense to Auditor
income to R/Deeds paper transaction.
Mr. Marks moved, seconded by Mr. Oxenfeld, that the above transfers be approved. Mo-
tion carried unanimously.
MENTAL HEALTH TRANSFERS -
Mr. Shepard advised the Board the Mental Health Department is requesting the following
trans£ers: $800 from Budget Item Drugs to Budget Items Telephone $300, Janitorial Supplies
$100, and Travel $400.
Mr. Marks sug~ested a study be made by the Mental Health Administration of the travel
expense the employees are incurring going short distances to various places where they are
assigned work.
By common consent it was agreed to request the County Administrator to look into the
matter of compensation for travel in the Mental Health Department. Mr. Williams stated while '
he did not object to checking into this, he felt all employees in all departments should be
treated the same where mileage or anything else is concerned, so it seemed maybe a broader
view should be taken by not just looking into Mental Health. Mr, Harriss suggested get-
ting this particularized by the Administrator in this instance and get this problem pinned
down and then use what we find here to examine policies of other departments of the County
and see if this presents problem anywhere else.
Mr. Hall moved, seconded by Mr. Marks, that the transfers requested by Mental Health
be approved. Motion carried unanimousl9.
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643
MINUTES OF TFIE MEETING - MAY 1'7, 1971 -(CONTINUED) -
AFAT,TH DEPARTMENT RE~~T F'OR TRANSFERS - •
~~Ir. 2iepard advised t~ie~ Board that Dr. ISnox, Health Director, had~ requested he try to get
the transfers approved which were requested by the Health Department on April 19, 19'71; namely
$1625 from the Health Surplus Funds; $1500 to be used.in the T-B %-Ray Clinic for purchasing
of Yilms for the X-Ray Machine; $25 Yor Water Plant Lab; and $100 for Rodent Material. Dr.
Bnox requested $639.69 for ~asoline which he purchased and sold to the Sheriff's Department
and $342.62 refunded by the State Board of Health to go back in the appropriation for the
staff attending meetings. •
Mr. Williams moved, seconded by Mr. Hall, that the transfers requested by the Health
Department be approved. Motion carried unanimously.
At this juncture Mr. Shepard was excused from the meeting.
PETITION REQUESTING COUNTY PASS ORDINANCE TO CONTROL F07L AUNTING -
Mr. Harriss read following letter from the County Attorney ~pertaining to County adopting
ordinance regulating fox huntin~: • ~
"North Carolina General Statutes 113-84 provides that the Board of Conser-
vation and Development (now the Wildlife Resources Commission) by appropriate
rules and regulations shall:
'Fix seasons and bag limits or close seasons on any species of game,
bullfrogs, bird, or fur-bearing animal, in any specified locality or
localities, or the entire State, when it shall find, after said in-
vestigation, that such action is necessary to assure the maintenance
of an adequate supply thereof.'
"G. S. 153-9C55), giPing the county authority to adopt ordinances, provides that
such ordinances shall not be inconsistent with the laws of the State. It is my
opinion that the County cannot enact an ordinance regulating fox hunting, which
ordinance is inconsistent with the season established by the Wildlife Resources
Commission. Furthermore, the statute authorizing ordinances to be enacted by
the county expressly provides that such ordinances shall apply throughout the
county, and it would not be possible to limit £ox hunting with a section of the
county only." ' •
Based on this advice, Mr. Williams suggested the County Administrator write a letter to the
Chairman of the Committee presenting the petition stating to him the opinion of the County
Attorney that the Board of Commissioners has no legal authority to pass an ordinance~prohibi-
ting fox hunting in that particular area or anyone particular area of the County.
Mr. Harriss stated the Board might ask the Sheriff to investigate the matter to determine
if there is any violation of existing ordinances pertaining to creating a public nuisance.and
maybe disturbing the peace. -
Mr. Oxenfeld moved, seconded by Mr. Hall, that the Board request the Sheriff to investi-
gate the situation with respect to possible violation of the law and that letter be written
to the chairman o£ the committee presenting the petition as su~gested by Mr. Williams.
Motion carried unanimously. -
Mr. Bishop, Chairman of the Committee appeared later in the meeting and was advised of
action taken b~ the Board.
MEMO OF UNDERSTANDING,__N..C. AGRICUI,TURAI, EXTENSION SERVICE AND TF~ BOARD OF COMMISSIONERS -
Discussion was nela ou Ir. Baggett's reply to questions raised at the last Board Meetin~
of the Commissioners relative to the Memorandum of Understanding-N. C. Agricultural Extension
Service and the Board of Commissioners.
Mr. Williams advised he had discussed the matter with Mr. Grover pobbins who advised there
are certain areas that are subject to negotiations each year and Mr. Dobbins stated he would
be glad to get together with the Commissioners and negotiate items Board is not in agreement
on.
Mr. Harriss was of the opinion same letter as written Mr. Baggett could be written Mr.
Dobbins £ormalizing the Board's feelin~s.
Mr. Harriss advised there will soon be a meeting of the Executive Committee of Harbor
House of which Mr. Dobbins is a member and possibly the Board could discuss the matter at
that time. By common consent this was agreed to. It was determined later in the meeting, Har-
bor House meeting will be on Tuesday, June 8, 1971, at 3:00 P.M., and Mr. Bowden was requested
to invite Mr. Dobbins to the Commissioners.Meeting on June ~, 19']1.
MOBILE HOME INSPECTION & TRAILER PARK PEDESTAL FEES -
Mr. Boivden advised the Commissioners Mr. Robert W. Ludwig, Chief Electrical Inspector,
had requested the County Inspection Office be permitted to charge same fees as the City of
~ Wilmington; namely for Mobile Home Inspections $10.00 and $3.00 Yor Trailer Park Pedestals.
• The County has been charging $6.50 plus $1.00 mileage for Trailer Park Pedestal.
Mr. Marks moved, seconded by Mr. Hall, that the fees be the same as the City of Wilming-
ton. Motion carried unanimously. '
Mr. Marks raised question of whether the County has way of knowing when a trailer moves
out and a new one comes in. Mr. Bowden stated trailer park owners are supposed to furnish
county this information and Mr. Williams pointed out this information is furnished on January
lst.
By common coneent it was agreed Mr. Bowden look into ways of determining when a new trailer
comes into the County in order for the County to obtain taxes therefrom; Mr. Bowden to report
back at next meeting.
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644
MINUTES OF THE MEETING - MAY 17, 1971 -(CONTINUED) -
TWO ADDITIONAL EMPLOYEES FOR SANITARY LANDFILL OPERATION -
Mr. Bowden stated the landfill operation is really bursting at the seams with activity.
Mr. Bowden advised the Board the County is having a problem with the contractor at the land-
fill site on the Military Cut-0£Y. Mr. Bowden explained the aids requested will check on
the licensing o£ people that are usin$ landfill sites to see that they are getting licenses
from the Auditor's office and to generally control and supervise the operation of the sites
in addition to other related duties. Mr. Bowden stated the County has tried it with only
the operator on site, but he cannot possibly operate the crawler loader and direct people
where to dump their trash.
Discussion was held on mileage of the two aids as well as salaries with consensus
being mileage should be eliminated and salaries should not be as high as requested.
Possibility of acquiring a low boy to haul the crawler from one landfill to another was
also discussed.
Mr. Marks moved, seconded by Mr. Hall, that the County Administrator be authorized to
secure the services of one supervisor for each of the County's landfill sites to spend full
time at the location, and that the salaries be commensurate rrith the responsibilities in-
volved, funds to come from work crew account. Motion carried unanimouslq.
Mr. Marks moved, seconded by Mr. Aall, that the County Administrator be authorized to
secure bids for a good used and a new low boy of sufficient size for the purpose of trans-
porting present bulldozer and dra~line from one site to another. Motion carried unanimously.
Mr. Williams pointed out due to the amount of equipment that is going to be needed in
this operation he would like to see the Board give consideration to advertising this work
and allow local contractors bid on it to determine whether the County can save money and
maybe get a better job done,. or as good a job, by local contractors rather than doing it
ourselves.
Mr. Hall moved, seconded by Mr. Williams, that Mr. Bowden check further into the possi-
bility of having a franchise operation for the whole procedure; collection and disposal.
Motion carried unanimously.
Mr. Oxenfeld asked if it would be possible to get this information soon enough to be
included in the budget. Mr. Bowden stated he thought it could be done.
BID vrs.ivlNG - DARK ROOM AND PHOTO LAB EQUIPMENT AND SUPPLIES - SHERIFF'S DEPARTPIF:NT -
Only two bids were received which could not be opened since three are required by law.
Mr. Hall moved, seconded by Mr. Oxenfeld, that the bids which have been received not
be opened inasmuch as there were only two and the law requires three; that the items to be
purchased be readvertised and subject to opening at Board's next official meeting. Motion
carried unanimously.
SALARY OF ACTING TAX COI,LECTOR
Mr. Harriss stated there had been a misunderstanding concerning salary for the Acting
Tax Collector; originally it was County's understandin~ it was $598 per month when actually
it was $628, and in line with the additional responsibility Mrs. Straughn has had to accept
he saw nothing wrong with it and recommended adjustment.
Mr. Marks moved, seconded by Mr. Williams, that the salarg be set at $628 per month.
Motion carried unanimously.
Mr. Williams stated he thought the County was getting a real.bargain; the County is for-
tunate to have a person who is as capable as Mrs. Straughn to assume this responsibility.
SALARY OF REVENUE CLERg IN CITY-COUNTY TAX COI,LECTOR'S OF'F'ICE -
Mr. Harriss advised the Board Mrs. Louise Melton is entitled to a six months salary
increase February 10, 19~1 under the City's Pay Plan. The City has complied with their
one-half. Her salary increased from $302 to $31'7 per month.
Mr. Marks moved, seconded by Mr. Williams that the County provide its one-half share,
funds coming from Salary Account.
ENDORSEMINT YOUTH EMPLOYMENT SERVICE WEEK~ MAY 23-29, 1971 -
Mr. Harriss welcomed Mr. Sprunt who was present in connection with Youth Employment
Service Week, May 23-29, 19'71. Mr. Sprunt introduced Mr. Hodgin and Mr. Coleman who are
vrith the New Hanover County Board of Education and are given part time in helping in
Drug Abuse Work to help work with the young people. The Drug Abuse Committee is seeking
aid for the hiring of young people during the summer and anytime after school hours with idea
i£ these people can be employed this summer they will be less apt to have problems with
exposure to drugs.
Mr. Harriss stated the people whose names Mr. Sprunt listed are not drug victims but
simply trying to get employment.
Mr. Oxenfeld moved, seconded by Mr. Williams, that the Board authorize the Chairman
to sign a resolution proclaiming May 23-29 as Youth Employment Service Week. Motion carried
• unanimously.
A.B.C. PERMIT REQ.UESTS -
The following A.B.C. Permit Requests were presented to the Board: Ward's Marina, Rt.
2, Box 241-DD, Myrtle Grove Sound; Mis-Q Pool & Grill, 18 S. Front Street; Droopy's, 10'7
and 109 S. Front Street; Harbor Island Causeway Gas Station, Wsightsville Beach; Market
Street Hi-Tane, 3002 Market Street; and Seaside Cafe, gure Beach, N. C.
Mr. Oxenfeld moved, seconded by Mr. Marks, these requests be referred to the Sheriff's
Department for investigation and recommendations. Motion carried unanimously.
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MINITTES QF THE MEETING - MAY Z7. Z971 -(CONTINUED) - 6 S~J
SCHOOL PROPERTY PROTECTION -
Mr. Harriss stated there is a serious problem in the schools;.there is a possibility
that arson was committed at Hemenway Hall. Mr. Harriss advised Dr. Bellamy, School Superin-
tendent, has requested authority to hire guards for certain buildings where records are ]sept.
There is a possibility some of his records may have survived the fire but will be in poor
cond.ition. Mr. Harriss stated there is money in surplus in the School Regular Budget for
this puspose.
Mr, Oxenfeld moved, seconded by Mr. Hall, that the Superintendent be authorized to
proceed with hiring guards for this purpose. Motion carried unanimouslg.
Mr. Marks suggested that since things have "cooled down" he wondered if Dr. Bellamy
could use one deputy from each school for this type of work. By common consent it was
a~reed to add to the message to Dr. Bellamy that he get all the help he can from local
enforcement officers.
Mr. Oxenfeld suggested Dr. Bellamy report back to the Commissioners as soon as he
determines how many persons are needed.
, ROAD PETITTCHJ - qL~~,iva POINT SUBDIVISION - -
Mr, Harriss advised the Board a petition had been received requesting Bedford Road,
gings Court, Wellington Drive and Queens Court in Queens Point Subdivision be added to the
State's Secondary Road System for maintenance. The Wilmington-New Hanover Planning Department
recommends the County Commissioners request the State Highway Commission do this.
Mr. Ha1T moved, seconded by Mr. Williams, that the Board request these streets be added
to the State Maintained Secondary Road System and the standard resolution be adopted. Mo-
tion carried unanimously.
ROAD PETITION - MAR9UIS HILLS SUBDIVISION -
Mr. Harriss advised the Board a peLition had been received requesting streets within
6ections 1, 2, 3, 4, 5, 6, and '7 of Marquis Hills Subdivision be added to the State's Main-
tained Secondary Road System Yor maintenance. The Wilmington-New Hanover Planning Department
recommends the County Commissioners request the State Highway Commission do this.
Mr. Hall moved, seconded by Mr. Williams, that the Board request these streets be added
to the State Maintained Secondary Road System and the Standard Resolution be adopted. Mo-
tion carried unanimously.
RF.PORT OF I,OCAL CONFINEMF;NT FACILITY STUDY C~MMITTEE -
Mr: Harriss stated the Board as a report from Mr, Oxenfeld, Chairman, Zocal Confine-
ment Facility Study Committee. Mr. Oxenfeld stated Mr. Hall, Mr, Marks, SheriPf Millis,
Mr. Bowden (adviser) and himself had come up with these recommendations; that a great deal of
thought and consideration has been given to this report and it is respectfully submitted
to the Commissioners for further study. By common consent the report was received for study.
RESOLUTION PROCLAIMIIdG WEEg ~F MAY 1S_22, 1971 SENIOR CITIZENS WEEK -
Mr. Harriss read resolution~procl- a ming May 16-22, ly']1 Senior Citizens Week.
Mr. Hall moved, seconded by Mr. Oxenfeld, that the Chairman be authorized to sign re-
solution proclaiming May 16-22, 19'71 Senior Citizens iJeek. Motion carried unanimously.
PUBI,IC AEARING - CHANGING:~N9P4E OF~WILMINGTON-NEW HANOVER WATER AND SEWER AUTHORITY TO LOWER
CAPE FEAR YJATER AND SEWER AUTFiORITY -
Mr. Harriss opened Public Hearing at 10:30 A.M. on resolution proposed to be adopted
b~ the Board to change name o£ Wilmington-New..Hanover Water and Sewer Authority to Lowsr
Cape Fear Water and Sewer Authortty.
Mr. Hall moved, seconded by Mr. Williams, that inasmuch as the Board has heard no '
comment or dissent from the public, that the resolution be adopted changing the name of the
Wilmington-New Hanover Water and Sewer Authority to Lower Cape Fear Water and Sewer Authority
and the Chairman be authorized to sign the resolution. .Motion carried unanimously.
: : .
"At the hour of 10:30 A.M., the Chairman announced that, pursuant to no-
tice duly published, this was the place, date and time for a public hearing on a
resolution proposed to 6e adopted by the Board of Commissioners of New Hanover
County signifying its determination to approve an amendment to the Articles of
Incorporation of Wilmington-New Hanover Water and Sewer Authority to change the
name thereof to "Lower Cape Fear Water and Sewer Authority".
The Chairman then announced that the Board of Commissioners would hear
any resident of New Hanover County or any other interested person concerning the
proposal to change the name of Wilmington-New Hanover Water and Sewer Authority
to "Lower Cape Fear Water and Sewer Authority".
"At said hearing a substantial number of citizens, merchants, property
owners and taxpayers were present and participated, including representatives of
various civic and business associations, and fu11 opportunity was given to all
persons present to be heard. No resident of New Hanover County or other interested
person appeared either in person or by attorney, to protest agai.nst the change of
name of Wilmington-New Hanover Water and Sewer Authority to "I,ower Cape Fear Wa-
ter and Sewer Authority".and trhe Clerk of the Board of Commissioners announced
that no protest in writin~ had been presented")
Thereupon Commissioner Harriss introduced the following resolution
which was read:
RESOLUTION SIGNIFYING THE DETERMTNATION OF TFiE BOARD OF
COMMIBSIuiv~xS OF NEW HANOVER COUNTY TO APPROVE AN AMEND-
MENT TO THE ARTICLES OF INCORPORATION OF WILMZNGTON-NEW
HANOVER WATER AND SEWER AUTHORITY TO LOWER CAPE FEAR WATER
AND SEWER AUTHORITY.
BE IT RESOLVED by the Board of Commissioners of New Hanover County that:
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~646
MINUTES OF THE MEETING - MAY 17, 1971 -(CONTINUED) -
PUBLIC HEARING - CHANGING NAME OF WII,MINGTON-NEW HANOVER WATER AND SEWER AUTfiORITY TO LOWER
CAPE FEAR WATER AND SEWER AUTHORITY -
Section 1. It is the determination of the Board of Commissioners of New
Hanover County to approve an amendment to the Articles of Incorporation of Wilming-
ton-New Hanover Water and Sewer Authority to "Lower Cape Fear 4Jater and Sewer
Authority".
Section 2. The proposed amendment of the Articles of Incorporation of
such Authority are as follows:
AI~~vLrIENT OF THE
ARTICLES OF INCORPORATION
OF THE
WILMINGTON-NEW HANOVER WATER AND SEWER AUTHORITY
In compliance with the North Carolina Water and Sewer Authorities Act,
bein$ Chapter 162A of the General Statutes of North Carolina, as amended, the City
Council of the City of Wilmington, North Carolina, pursuant to a resolution signi-
Yying its determination to approve an amendment to the Articles of Incorporation ,
of Wilmington-New Hanover Water and Sewer Authority, and the Board qf Commissioners
of New Hanover County, North Carolina, pursuant to a resolution signifying its
determination to approve an amendment to the Articles of Incorporation of Wilming-
tion-New Hanover Water and Sewer Authority, hereb9 certify that:
(a) The Board of Directors o£ Wilmington-New Hanover Water and Sewer Author-
ity on December 29, 19']0, adopted the following resolution:
"BE IT RESOLVED:
"THAT WHEREAS, the members and directors are of the opinion that
the name of the corporation should be changed and the Board of Direc-
tors has recommended that the charter of the incorporation be amended
as follows:
"That Article (a) of the Articles of Incorporation be amended to
read as follows:
"(a) This Authority is or~anized under said North Carolina Wa-
ter and Sewer Authorities Act, its name shall be 'LOWER CAPE FEAR WA-
TER AND SEWER AUTHORITY' and the address of its principal office shall
be Wilmington, North Carolina.
~"That the first line of Article (c) of the Articles of Incorpora-
tion be amended to read as follows:
"(c) The Lower Cape Fear Water and Sewer Authority ...
"And it being the consensus of all the members that the above
named changes would be in the best interests of the corporation and
should be approved."
(b) The resolution adopted by the Board of Directors of Wilmington-New Han-
over Water and Sewer Authority set forth above was approved by the City Council
of the City o£ Wilmington, North Carolina, and by the Board of Commissioners
of New Hanover County.
IN WITNESS Wf~REOF, the City of Wilmington, North Carolina, has caused
this Amendment o£ the Articles of Incorporation to.be executed by its Mayor and
its corporate seal to be affixed hereto and attested by its Ci'.ty Clerk, and New
Hanover County has caused this Amendment of the Articles of Incorporation to be
executed by the Chairman of its Board oP Commissioners and the official seal..of
said Board of Commissioners to be affixed hereto and attested by the Clerk of said
Board, all as of this day of , 1971.
Mayor of the City of
Wilmington, North Carolina
(SEAL)
Attest:
Chairman of the
Board of Commissioners of
City Clerk of the City of New Hanover County
Wilmington, North Carolina
(SEAL)
Attest:
Clerk of the Board of
Commissioners of New
Hanover County
64~
MINUTES OF TE~ MEETING - MAY 1'7, 1971 -~CONTlivu~D) -
PUBLIC HEARING - CHANGING NAME OF WILMINGTON-NEW HANOVER WATER AND SEWER AUTHORITY TO LOWER
CAPE FEAR WATER AND SEWER AUTHORITY - CCONTINUED) ~
Section 3. The Amendment of the Articles of Incorporation of Wilmington-
New Hanover Water and Sewer Authority in substantially the form set forth in Section
2 of .this resolution shall be executed on behalf of New Hanover County by the Chair-
man of its Board of Commissioners and the official seal of said Board of Commissioners
shall be affixed thereto and attested by the Clerk of said Board, and the Clerk
of said Board is hereby authorized and directed tofile with the Secretary oY State
o£ North Carolina a certified copy of this resolution, together with proof of pub-
lication of the notice of hearing on this resolution, and said officers are hereby
authorized, empowered and directed to do all things necessary to create the said
Authority under the provisions of the North Carolina Water and Sewer Authorities Act.
Section 4. This resolution shall take effect upon its passa~e.
Thereupon Commissioner Hall moved the passage of the foregoing resolution
entitled: "REBOLUTION SIGNIFYING THE DETERMINATION OF THE BOARD OF COMMISSIONERS
OF NEW HANOVER COUNTY TO APPROVE AN AP,r.~uuilIIVT TO THE ARTICLES OF INCORPORATION OF
WII,MINGTON-NEW HANOVER WATER AND SEWER AUTHORITY", and Commissioner Williams
seconded the motion, and the resolution was passed by the following vote:
~ Ayes: Commissioners Harriss. Williams, Hall. Marks and Oxen£eld.
Noes: None."
APPOINTMENT TO SOCIAL SERVICES BOARD -
Mr. Williams moved, seconded by Mr. Marks, that Mr. John W. Walton, Jr. be re-appointed
for an additional three year term to the Social Services Board, effective July 1, 19'71.
Motion carried unanimously.
APPOINTMENT MEMBERS TO GOOD NEIGHBOR COUNCIL -
P1r. blilliams moved•the Chairman be authorized to appoint two members to serve on the
Good Neighbor Council. Motion died for lack of a second.
Mr. Marks moved, seconded by Mr. Hall, that Mrs. Gerald Points and Mr. Robert J. Floyd
be appointed to serve on the Good Neighbor Council. Motion carried unanimously.
APPOINTMENT MEMBERS TO COUNCIL OF GOY~x1vr1ENTS -
Mr. Harriss advised that the Board of Commissioners is entitled to appoint three mem-
bers to the Council of Governments and stated he would like for Messrs. Williams, Oxenfeld
and Hall to serve.
Mr. Marks moved, seconded by Mr. Harriss, that the three named by Mr. Harriss be ap-
pointed to serve on the Council of Governments, effective July .1, 1971 for a period of one
year. Motion carried unanimously.
RESOI,UTION PROCI,AIMING WEEK OF JUNE 7~ 1971 AS MARINE SCIENCE WEE% -
Mr. Harriss advised the Board had been requested to recognize the week of June '], 1971
as Marine Science Week.
Mr. Oxenfeld moved, seconded by Mr. Marks, that resolution proclaiming the week of
June '7, 1971 as Marine Science Week be signed by the Chairman. Motion carried unanimously.
Meeting recessed at 10:50 A.M.
Meeting reconvened at 11:00 A.M.
I,ENGTIi OF TERMS OF MEMBERS RECENTLY APPOINTED TO SEDC - .
Mr. Harriss informed the Board the length of terms of persons recently appointed to serve
on the SEDC; namely, H. A. Marks, 1 year; Louis Latham, 1 year; Derick Davis, 3 years; and
Robert C. Cantwell, III, 2 years.
Mr. Williams moved, seconded by Mr. Hall, that these terms be established. Motion
carried unanimously.
FILM - ADVANTAGES OF ESTABLISHING TAX MAPS FOR TfIE COUNTY -
Mr. Larry Yowe11 introduced Messrs. Sellers, Trumble and gnox from the Cole-Layer-Trumble
Company who showed the Commissioners a film outlining the advantages of establishing tax
maps for a county.
After the showing of the film a short discussion was held on effect the mapping would
have on cost of re-appraisal. The Board was advised mapping would reduce the cost. The
mapping would take about 18 months to complete. Also, the Board was advised the City maps
can be used but will have to be reworked by renumberin$, etc. Map of beaches will need more
work. The Company stressed the fact that tax maps would definitely reduce cost of re-appraisal.
Mr. Harriss thanked the gentlemen,for appearing.
LICENSING PLUMBERS -
Mr. Bowden discussed licensing of plumbers in New Hanover County as required by the
City of Wilmington. Mr. Hall inquired whether they were licensed by City or State of North
Carolina. Mr. Bowden advised by the State. Mr. Bowden recommended that any plumber pur-
chasing permits in New Hanover County be required to have a North Carolina license.
Mr. Williams suggested that if the County does not have a provision that a person who
is doing business in New Hanover County be licensed, that the Board should take whatever ac-
tion that is necessary to require that he be licensed by the State of North Carolina and that
only a licensed plumber be permitted to obtain a permit.
Mr. Williams moved that any person who is currently licensed by the State of North Car-
olina as a plumber be authorized to do work in New Hanover County without further licensing
by the County and only a licensed plumber be eligible for a permit for contract work. Mo-
tion died for lack of a second.
64~
MINUTES OF THE MEETING - MAY 1'7, 1971 -(CONTINUED) -
LICENSING PLUMBERS - (CONTINUED) -
By common consent it was agreed this matter be tabled until more information can b~ ob-
tained on the subject. This item will be on agenda for next meeting, with Mr. Smith, Plumb-
ing Inspector, present.
H.B. 'JOS - TO PROVIDE FOR THE CONTROL OF BEACH EROSION AND FOR THE PROTECTION AND CONSERVA-
TION OF COASTAL AREAS, SAND lluN~S AND ESTU~RINE AREAS -
Mr. Harriss stated H.B.~'705 does two things; establishes a revolving fund for counties
to raise money in a large lump sum with which to do emergency erosion control work and pro-
vieds Por repayment to that fund.. Mr. Harriss pointed out bill provides that the imple-
mentation of the erosion control has a deadline of December 31, 19~1. Also, Mr. Harriss
pointed out the County has to appoint a control officer to prevent beach erosion or the
Board of Air and Water Resources will have the power to do so. Mr. Harriss called attention
to that portion of the bill pertaining to "occasional covering by a wind tide" which the
bill states would be controlled by the State. Mr. Harriss was of opinion this would give
the State too much power.
Mr. Bowden stated he discussed the bill with Mr. Jerry Elliott who stated local ~overn-
ment would be left out entirely if the State does take this action by December, 19'71.
After discussion, it was concluded that Hon. Ernest B. Messer, Chairman, Appropriations
Subcommittee on Health, Welfare and Institutional Care, be written advising him that if the
bill is adopted the effective date should be extended to at least December 1, 19']2, that
there be a clearer definition as to what is meant by "occasional covering by a wind tide",
and strong recommendation that provision be written into the bill that if a local govern-
ment does not assume its responsibility that it still have the right to representation on
authority that is doing the regulating.
OUTSIDE AUDIT OF Cvuiv~rt'S BOOKS -
Mr. Harriss stated the contract between the County and Cherry, Bekaert & Holland, CPAs,
has been submitted for signature. Mr. Harriss pointed out charges will be based as follows:
CPA in charge Y~1'].50 per hour; Senior $14.00 per hour; Junior Assistants $12.00 per hour;
and~Typist $8.00 per hour. These fees are approved by Local Association of CPAs.
By common consent it was agreed the Chairman sign the contract.
ABC PROFITS - _
Chairman Harriss discussed ABC Profits pointing out that the Countq is not receiving
its share of profits according to the General Statutes. Mr. Harriss stated GS 18-85 calls
for a tax of 10% on the sales of all spirituous liquors and also provides that in no event
shall the amount paid under Section (a) by County or Municipal stores exceed one-half of
the net profits from liquors sold through such stores. Mr. Harriss stated to his knowledge
this has not been repealed or amended as to the provision governing the limit on the amount
of tax. Mr. Harriss pointed out from July, 1969 to June, 19'70, net sales in all New Hanover
County stores totaled $4,142,6:33.40. On this a profit distribution of $554,1'78.32 to the
local government units was made. Ten percent on the net sales amounts to $414,263.34 which
is $13'7,1~4.13 more than one-half profit distribution and on this basis the State apparently
overcollected in this amount.
By common consent it was agreed Mr. Harriss be authorized to write letter to the pro-
per person to clarify the matter.
SPACE FOR HEAD START PROGR1iM -
Mrs. Faye Odell and Mr. McCluy Hewett appeared before the Board to request they be per-
mitted to use a part of the building formerly occupied by Opportunities, Inc. for the Head
Start Program. They would like to have use of the space through May 31, 19']2. Mrs. Odell
would like to have use of the space through May 31, 1972• Mrs. Odell stated when OEO was
deYunded a new corporation was formed of interested citizens to run Head Start for the com-
ing year. She advised they would need two offices; one for a director and one for a secre-
tary. The of£icial name will be Head Start of New Hanover County, Inc.
Mr. Harriss suggested Mrs. Odell discuss this matter with Mr. Bowden, giving him all
details, in order that he might investigate complete use of building. This matter will be
on the agenda for June '].
GOVERNOR'S CONFr.tcravCE ON REGIONALISM -
Mr. Williams reminded the Board there will be a Governor's ConPerence on Regionalism
at Timme Plaza on Thursday, May 20, 1971 at 3:00 P.M.
PUBLIC HEARING ON WIDENING HIGHWAY 74 (WRIGHTSVILLE BEACH) -
Mr. Bowden advised he had been reminded by Mr. Bass, Division Engineer, State Highway,
there will be a public meeting Wednesday at the Wri~htsville Beach School on the widening
of Highway '74. Meeting will be at 2:00 P.M.
CLOSING OF WAZLACE AVENUE
Mr. Bowden advised he had received a letter from the City dated May 12th relative to
removing a portion of Wallace Avenue from the State Maintained System to relieve the tra££ic
situation around the Municipal Golf Course. The matter was discussed and Mr. Oxenfeld
questioned whether it would help residents of Long Leaf Hills Drive.
Mr. Marks moved, seconded by Mr. Oxenfeld, that the County concur with the City in
closing section of Wallace Avenue as outlined in Mr. Brandon's letter of May 12th. Motion
carried unanimously.
ORDINANCE PROHIBITING MOTOR VEHICLES ON STRAND AT Tf~ BEACAES -•
P1r. Bowden advised he was in receipt of letter requesting that mot~or vehicles be pro-
hibited on the strand at the beaches. Mr. Bowden stated Mr. Fox had advised the County
does have authority to enact ordinance within the ordinance making authority.
After discussion, by common consent it was agreed to defer action until next meeting
in order to contact the authorities at the beaches for their views. Mr. Bowden stated if
beaches are in favor of ordinance, he will request Mr. Fox to prepare draft for Board's
consideration.
~~iJ '
MINUTES OF Tf~ P1~TING - MAY 17, 1971 -(CONTINUED) -
BOND FOR ACTING TAX COLLECTOR -
Nr. Bowden advised the Board bond for Mrs. Janie B. Straughn, Acting Tax Collector, had
been approved by the County Attorney.
H.B. 632 - I,ICENSING OF VEHICZES -
Mr. Sowden called attention to rr. Powell's letter to the efYect that the Tax Supervisors
Association had proposed legislation somewhat different than the County Commissioners Asso-
ciation had endorsed, and with which this Board had gone along with.
ADJOURNMENT -
There being no further business to come before the Board, Mr. Marks moved, seconded by
Mr. Hall, that the meeting adjourn. Motion carried unanimously.
Respectfully submitted,
Hazel Savage
Clerk to the Board
HS/bh
MINUTES OF THE MEETING - JUNE 7. 1971 - 9:00 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 following present: Chair-
man Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., H. A.
Marks, and John R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry 5hepard;
and Hazel Savage, Clerk to the Board. County Administrator I,aurence 0. Bowden was attending
Army Reserve Training Por two weeks.
INVOCATION -
Chairman Harriss called the meeting to order and asked Rev. T. 0. Todd, Pastor, First
Pentecostal Holiness Church, to give the invocation.
APPROVAI~ OF MINUTES -
Chairman Harriss called attention to error on Page 1 under heading "Burning of Hemenway
Hall". First sentence should read: "... in which the destruction of Hemenway Hall is cast ...".
Following this correction, Mr. Williams moved, seconded by Mr. Hall, that the minutes
be approved as corrected. Motion carried.unanimously.
ACTING TAX COLLECTOR'S REPORT -
Mrs. Janie Straughn, Acting Tax Collector, presented following report of taxes collected
during May, 19'71: Total taxes charged on books $5,242,558.24, less abatements $28,585•~,
leaving,balance due before any collections $5,213,9'72.'76 less collections during month of
May, Prepayments and collections September to May $4,930,62'J.5°, leaving balance uncollected
$283,345.17. Back taxes collected during month of May amounted to $11,031.97 bringing total
collected to $140,099.93, leaving balance of back taxes due in amount of $291,012.50. -e-
linquent Personal Property taxes collected during month of May amounted to ~1,199.58> bringing
total collected to date $22,080.'72.
Mr. Williams asked £or Mrs. Straughn's feelings on additional personnel for collection
of back taxes. Mrs. Straughn advised she is requesting an additional employee in the 19']1-']2
Budget. Mrs. Straughn stated there is definitely enough work on collection of back taxes
to keep a person busy.
Mr. Williams moved, seconded by Mr. Hall, that Mrs. Straughn be authorized to employ
someone immediately, if she can, but not later than July lst, subject to concurrence of the
City Council, funds to come from unused salary account. Motion carried unanimously.
Mr. Oxenfeld moved, seconded by Mr. Hall, that the report furnished by Mrs. Straughn
be accepted. Motion carried unanimously.
TRANSFERS AND APPROPRIATIONS -
Mr. Shepard presented following requests for trans£ers and appropriations:
Mental Health:
F'rom: -rugs $ 300
To: Stationery, Supplies and Postage # 300
Board of Elections:
P'rom: Unanticipated Revenue 765
To: Supplies 765
Re~ister of Deeds:
From: 11.722 (Cott Data Processing) 900
To: 11.~08 (Arcata Microfilm Service) 900
Tax I,istin~:
From: Stationery & Supplies 86
To: gey Punch & Verifier Lease 51
Telephone 35
Airport:
From: Labor 500
To: Repairs to Field 5~o
Mr. Shepard also requested the following transf ers:
To: Insurance Election Board 41
Rprs. & Maintenance Commissioners 68
Postage Machine Meter-County Aid 69
From: General Contingency Fund 1'78
J