1971-08-18 Special Meetingss~'
MINUTES OF SPECIAL PiEETING
AUGUST 18, 1971 8:30 A.M.
ASSEMBLY -
Speoial meeting was held by the Board o£ New Hanover County Commissioners on the above
date and time in the Commission Building with the following present: Chairman Meares Harriss,
Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Ha11, Jr., H. A. Marks, John R.
Oxenfeld, County Attorney James C. Fox, County Administrator Zaurence 0. Bowden,.and Hazel
Savage, Clerk to the Board.
INVOCATION -
Chairman Harriss called the meeting to order and asked Mr. J. E. L. Wade to give the
invocation.
PUBLIC HEARING - ZONING AREA 6-
Chairman Harriss declared the Public Hearing in the matter of Zoning of Area 6 of the
County open and asked Mr. Neil Mallory, Planning Director, to explain the Zoning Map of Area
6.
Mr. Mallory stated Zoning Area 6 is recommended by the Wilmington-New Hanover Planning
Commission and is bordered on the east by Zoning Areas~2 and 3; on the north, approximately
1,000 feet north of the Atlantic Coast Line Railroad; on the west by the existing one-mile
limit of the City o£ Wilmington; and on the south by Zoning Area 2. This would include
land generally betiaeen Oleander Drive and north of U.S. 1'] as far northeast as the intersection
of U.S. 17 and the Military G4zt-Off Road. There is a B-2 Zone recommended from the existing
one-mile limit on the southeast side of U.S. 1'7 to Secondary Road 1481 and another B-2
Zone in the existing shopping center near the Green Meadows Subdivision, a B-2 Zone in the
general area of the U.S. Highway Patrol Station on both sides of the road, and a B-2 Zone
£rom Gordon Road northeast to the end of the zoned area on the north side of U.S. 1~.
Back on the north side of U.S. 1'] there is an industrial zone proposed to utilize
the existin~ railroad and U.S. l~. This is in accordnace with the County'~s comprehensive
plan as can be seen on the map mounted on the wall.
On Oleander Drive there is a B-2 Zone that extends from Secondary Road 144-'7 towards
Wrightsville Beach to Secondary Road 156'], however there is a general area in which the
B-2 Zoning exists only on the north side of Oleander Drive. There is a small B-1 Zone
at the intersection o£ Wrightsville Avenue and Greenfille Sound Road. There is a R-10 Zone
that is generally in the area of Bradley Park Subdivision. This is a subdivision that has
been approved by the Planning Commission and the County Commissioners. It has 10,000 sguare
foot lots and has an approved water system. Other than these zones the rest of the area
is recommended to be R-15 which is also residential zoning.
Mr. Mallory stated the college property is under consideration to be annexed by the
City and a Public Hearing will be held Monday (August 23, 19'71) at which',time it will be
eligible to be annexed. I£ action is taken then, or whenever action is taken, the area
o£ the Cit~ will expand to where the ~reen broken line is located on the map.
Question was raised by Mr. Williams if the City should extend its limits as indicated
by the green line, how long a£ter annexation before it ~aould be possible for the City to
zone that area.
Mr. Mallor~ stated :that first of all, if action is taken on this area and the County
zones it between now and time action is taken by the City Council, the County would keep
control over this area for 60 days. After that time it would revert to the City and during
the 60 day period the City would be making its preparations £or holding public hearings.
If action is not taken, and assuming area is annexed Monday, the City could assume control
of this area as soon as they can hold required public hearing.
Mr. James Swails spoke on behalf of Dr. Paul Black who owns property on Oleander Drive.
Bounds of property are roughly Park Avenue on the north and 0leander Drive on the south
and Dogwood I,ane, if it were extended to the north, on the east, and an arbitrary line on
the west. This property within the proposed 200 feet B-2 Commercial Zone is presently being
used for commercial purposes. Tract located on northern side of Oleander Drive is about
19 acres. It includes that portion which the Planning Board is recommending be zoned B-2
as well as property located to the north all the way to Park Avenue. The property on this
side of the road, certainly for a distance considerably beyond the 200 feet which the
Planners recommend for B-2 Classification, has been used £or a number of years for commercial
purposes. There is some undevelo.ped property lying immediately to the east within this 19
acre tract which belongs to -r. Black. Dr. Black also owns a nine acre tract and another
tW0 or three acre tract, or about 12 acres, on the south side of Oleander Drive giving him
around 30 acres in one location. Dr. Black has contemplated for a long time constructing a
mall type shopping center on the north side of Oleander Drive and has been negotiating for
some time with prime lessees and has had some success. On the south side he is being interviewed
• by an oil company for a service station in the intersection as well as ~otel chains who want
h to pur a motel on this 9 acre tract. Oleander Drive is commercial and it would be almost
impossible to move this land for residential purposes. Mr. Swails pointed out property is
all in two tracts and has a common owner. There is suf£icient acreage to make it usable
£or a very desirable commercial purpose. Mr. Swails stated zoning, as recommended, would
deprive Dr. Black of ability or opportunity to put his property to the highest use £or which
it is acceptable. Mr. Siaails requested the Commission give some consideration to extending
the Commercial Zone to Park Avenue within the limits of the property Dr. Black owns. Mr.
Swails stated he would be able to furnish Mr. Mallory with the boundary lines of this property.
Neeting was recessed in order to hold joint meeting with the City Council.
NEW HOPE DAM PROJECT -
City Council members present were Mayor B. D. Schwartz, Mr. John Symmes, Mr. Ben Halterman,
and Attorney Cicero Yow.
Chairman Harriss stated. purpose of thejoint meeting was to consider passing a resolution
supporting the Corps of Engineers in their recommendations on the New Hope Dam Project.
~
698
MINUTES OF THE MEETING AUGUST 18. 1971 -(CONTINUED) -
NEYJ HOPE DAM PROJECT - (CONTINUED) -
Mr. Harriss advised that Mayor Schwartz and he attended a meeting in Fayetteville on Monday
at which a number o£ representatives from all sections o£ counties adjacent to the Cape Fear
River Basin and affected by its flowv,ere present. There was a unanimous concurrence that the
~ suit which has been entered to seek an injunction a~ainst the continueation of the New Hope
Dam Project was very damaging to the area and potentially an extremely serious matter. They
all felt the eningeers should be supported and be ~iven full backing of a11 municipal bodies,
and £or that reason Mayor Schwartz and he agreed they should meet:in joint session and con-
sider a resolution.
Mayor Schwartz concurred with the Chairman that every one is aware of the need for
flood control. Also, everyone is aware of our expanded industry in this area and our water
supply will soon be exhausted, therefore this Neu~ Hope Dam is a very important project for
the entire area and Vae should do everything in our po~•aer to stop this injunction.
P4x•. Harriss poin~ed out that one industry near Fayetteville has a capacity for using
one hundred million ~allons o£ water daily, and at the low point the Cape Fear River is
capable of producing one hundred and twelve million gallons per day during the drought
season. Mr. Harriss stated he believed those talking of damage to ecology upstream are
£orgettin~ about damage to ecology downstream that occurs every time a flood takes place,
which is roughly a million dollars bf damage every year that takes place from Fayetteville
to Wilmin~ton due to flooding in the Cape Fear area basin and we would be remiss in our
duties to our citizens if v~e did not try to stop this.
Mr. Williams stated it was his understanding the appropriate State and Federal agencies
have given assurance that adeguate control will be maintained on the guality of water supply.
Mr. Williams stated he was glad the ecologists are interested, but he was of the opinion
there are times when they seem to go overboard i-rith some of their views.
Mr. Williams moved, seconded by Mr. Symmes, that these joint governing boards authorize
a resolution encouragin~ the continuation of the building of the New Hope Dam Project and
opposing the injunction that is being sought at this time.
Mr. Oxenfeld pointed out studies have been underway on this project for the past ten
or tz-aelve years and project has been very carefully planned and thought out and wondered why
at the last minute when the money has been appropriated the objections have occurred; it
seems they would have occurred many years ago.
Mr. Harriss stated nothing netia has been introduced in the suit. All objections that
are handled in the suit are the same that have been heard before and ansoaered completely
and satisfactorily by the Corps of Engineers. Certain facts are being i~nored such as
improvement of -f~e Hata River water by the construction of the sewerage treatment facilities
upstream and by industry in treatment of waste disposal.
Mr. 4lilliams pointed out a large amount o£ money has been invested not only in studies
but in other Vaays. Mr. Harriss stated 30 miles of railroad track has been removed. To
stop construction and to begin again ~~~ould be very costly.
Nir. Harriss stated Col. R. J. B. Page of the Department of Water and Air Resources
stated very firmly that the State has investigated all phases of this project and approved
it without reservation.
Resolution is being prepared by Mr. Fox.
Vote was called on motion. It carried uanimously.
The following resolution was adopted:
RESOLUTION OF THE COUNCIZ OF THE CITY
OF WILMINGTON AND THE COMNaSSI0NER5 OF
NEW HANOVER COUNTY WITH RESPECT TO THE
CONTINUATION OF WORK ON NEW HOPE DAM
Wf~EtEAS, the o£ficials of the City of Wilmington and New Hanover County are
advised that the construction on the Idew Hope Dam Project is threatened by prayer
for an injunction by ecologists, and
Wf~REAS, this project has been before the public for more than ten years, and
moneys have been appropriated for said construction and more than $19,000,000.00
has already been spent on this project, and to stop construction will busden the
taxpayers with additional costs, and
[df~REAS, Wilmington and its vicinity depend on its water supply £rom King's
Bluff area of the Cape Fear River, and
WI~REA,S, much of the farmland and roads, including some of the major highways,
are from time to time flooded by excess waters of the Cape Fear River, and
WHEREAS, the City and County officials are informed and believe that the
United States Army Corps o£ Engineers have made a careful and methodical study
of the benefits and disadvantages involved and are of the opinion that the New
Hope Dam is an asset to North Carolina and will not, in the opinion of the engineers,
- damage the ecology~o£ our state, but to the contrary, is vital to flood and water
control for eighteen counties which would bene£it from the building of the dam,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WII,I`TINGTON AND THE
COMMISSIONERS OF NEI,J HANOVER COIINTY AT A PTEETING ASSEMBLED ON THIS THE 18TH DAY
OF AUGUST, 1971, AS FOI,LOWS:
MINUTES OF THE MEETING - AUGUST 18, 19~1 -(CONTINUED) -
NEW HOPE DAM PROJECT - (CONTINUED) -
That any delay in the construction of this project wi11 result in
irreparable damage to the city and county and its citizens.
That they ~o on record encouraging the continuation of the building
of Ne~•i Hope Dam and opposing the injunction now being sou~ht.
That copies of this resolution be sent ~o the proper officials involved.
The ~oregoing resolution adopted at the meeting aforesaid.
COUNCII, OF THE CITY~ OF WII,MINGTON
(s) B. D. Schwartz
Mayor and Councilman
Cs) B.B. Halterman
Councilman
(s) John Symmes
Councilman
(s) L. M. Cromartie
~ Councilman
BOARD OF COMMISSIONERS OF NE41 HANOVER COUNTY
~s) Meares Harriss, Jr.
Chairman and Member
~s) Berrv A. Williams
Member
~s) J. M. Hall. Jr.
Member
~s) H. A. Marks
Member
(s) John R. Oxenfeld
Member
Joint meeting was adjourned.
Public Hearing was reconvened. R~zorviNG A~~A #~
Mr. Nicholos Modinos spoke next on zoning protesting changing status o£ land he
purchased 15 years ago designated commercial to residential now. His property is 200 by
340 feet. The Commissioners and Mr. Mallory, by common consent, agreed to allow thi.s
property to remain commercial.
Mr. Fred Little of Harbour Associates was heard next and stated he concurred ~aith
request Mr. ,Swails has just made and suggested eastern boundary be natural line of Hinton
Avenue. He stated there were only two homes in this area, one belongs to the person he
is representing and other is already zoned B-2. .T~is would involve roughly 400 feet on
Hinton and 300 feet on Park Avenue.
Mr. Swails suggested Park Avenue be the northern boundary.
Mr. Raeford Trask, Jr., vias heard next and requested depth on his land on Forest Road
o~hich is 200 feet be extended to ~00 feet. A business is going in and they are planning
to leave a forty foot buf£er zone which is wooded between back line of houses on Audubon
Road. Building permit has been issued for this building.
Mr. Williams suggested hearing from the Planning Department staff on proposals just
received.
Mr. Mallory spoke saying the requests were new to him, but he would like to make two
comments (1) a residential zone in the County, R-15 particularly, although the terminology
that is used is for a residential zone certain things can be put in a R-15 district as
special uses that are not of a residential natzzre;
(2) The commercial areas were requested with intent of locating shopping centers.
As a result of public hearings that were held in Zoning Area 4, with the intent of using
property in this area as a shopping center, the Planning Commission recommended toyou,•^:and
you adopted a floating zone which is known as a Shopping Center District which states
if the developer would bring the criteria, the plans for shopping center, etc., to the
Planning Commission, propertg could be rezoned for the shopping center. T'ir. Mallory
stated he felt "the Planning Commission would wish to consider these reguests in the same
manner as those of Area 4 since they are similar.
Mr. Harriss asked Mr. Mallory if he had any objections to the requests made by Mr.
Modinos, Mr. Traek, Dr. Black and boundary being Hinton and Park Avenues. Mr. Mallory
replied he did not.
Mr. Swails objected to person having to get plans approved for shopping centers.
Mr. Marks moved, seconded by Mr. Oxenfeld, this be referred back to the Planning
Commission for further study and recommendation.
699
I
~ ~00
MINUTES OF THE MEETING - AUGUST 18. 1971 -(CONTINUED) -
PUBLIC HEARING - ZONING AREA 6-(CONTINUED) -
Mr. Hall made a substitute motion, seconded by Mr. Williams, that all the request made
this morning be incorporated in this plan for Zoning Area 6 and be approved as amended by
these requests that were made this morning. Motion carried four to one. Mr. Oxenfeld voted
"No."
Mr. Harriss stated Zoning Area 6 Map o~ith the requested changes is an official act of
this Board.
Public hearing was declared closed at this time.
PRESENTATION OF TAX SCROLI,S - ~
Chairman Harriss stated Mr. Powell had the tax scrolls to be presented and read the
direction from the Chairman to the Tax Collector which reads as follows:
STATE OF NORTH CAROLISdA
COUNTY OF NEW HANOVER
TO THE TAX COLLECTOR OF NEW HANOVER COUNTY:
You are hereby authorized, emp~wered, and commanded to collect the
taxes set forth in the tax records filed in the office of ~he Tax Subervisor
and in the tax receipts herewith delivered to you, in the amounts and from
the taxpayers likewise thexei.n set forth. Such taxes are hereby delcared to
be a first lien upon all real property of the respective taxpayers in the
County of.New Hanover, and this order shall be a f1.i11 and sufficient authority
to direct, require, and enable you to levy on and sell any real or personal
property of such ta~cpayers, for and on account thereof, in accordance with law.
Witness my liand and official seal, this
day o£ , 19~1.
Chairman, Board of Commissioners of
New Handver County
ATTEST:
Clerk oi' Board of Conmissioners of New Hanover County
I, Janie B. Straughn, Acting Tax Collector o£ New Hanover County hereby
acknowledge receipt of tax books for real estate and per.sonal property for
Cape Fear, Federal Point, Carolina Beach, Kure Beach, Harnett, Wrightsville
Beach, P4asonboro and Wilmington townships, IJew Hanover County for the year
19'71.
This day of
1971.
Acting Tax Collector of New Hanover County
Mr. Williams moved, seconded by Mr. Oxenfeld, that the Chairman be authorized to si~n
the direction, and it be made part of the minutes of this meeting. Motion carried
unanimously.
APPOINTMENT OF PHYSICIAN FOR JAIL -
Mr. Williams referred to copy of a letter from PYr. Bowden with reference to the Jail
Physician. Mr. Williams was o£ the opinion it is so important the Board should go ahead and
designate the County Health ~irector as the County Physician to carry out the requirements
of the General Statutes with reference to examining prisoners in the jail. Mr. Williams
stated that without medical attention in the jail the County is not complying with the law
and he iaas afraid the County could be liable for a damage suit and also the County has the
welfare of the prisoners to consider.
Mr. Williams moved, seconded by I`Tr. Marks, that the County Health Director be named
the County Physician and char~ed with the responsibilit~ of carrying out the reguirements
of the General Statutes with reference to prisoners in the jail o£ New Hanover County.
P1r. Harriss stated that Dr. Knox is in his seventies, is a remarkable man and does a good
days work over at the Health Department, and questioned whether imposing this load on him
at his age and oaith the other duties is the proper movement.
Mr. Williams was of the opinion the Board needed to do something to protect the County
until such time as the Board can work out something that might be a more suitable vaay of
handling it. P1r. Williams stated, as he sees it, the law reguires the Commissioners to
see that this £unction is per£ormed.
Mr. Bovaden stated facilities are available in the jail for medical examinations and
it would appear that by charging him with the responsibility it would encourage him to find
another physician that much quicker and to implement a plan, because right now as he and
T'ir. Fox interpret it, the Commissioners are responsible. Dr. Knox is making effori;s to
contact them, but in the meantime nothin~ is being done.
PIINUTES OF THE MEETIIQG - AUGUST 18, 1971 -(CONTINUED) -
APPOINTMENT OF PHYSICIAN FOR JAIL -(COIdTINUED) -
Mr. Marks questioned £requency o£ calls and Mr. Bowden stated possibly toaice a week, but
if a person is in prison forty-eight hours he must have a preliminary examination.. Also,
Mr. Harriss pointed out there are emergencies. Mr. Harriss stated the County is not without
a plan; prisoners are nooa taken to New Hanover Memorial Hospital if they become iTl. Mr.
Williams stated it does not stop here, the la~a reguires examination if they_are in the jail
far 48 hours. Mr. Williams was of the opinion the County should have an official established
method of handling and the records should so iridicate.
Mr. Hall expressed the feeling the Board should go ahead with this until something can
be worked out.
r
Mr. Harriss read from the General Statutes and stated from this section the Health
Director's only responsibility is to approve a plan. Mr. Williams stated in another section
it gives the Commissioners authority to designate the Health Director as the County Physician
and he felt this would be the first step in getting the program underway.
Mr. Fox stated designating Dr. Knox to take over would not go.far enough, the Board
must still have a plan.
Mr. Boo~den stated the plan is well undexv~ay. Pir. Bowden stated Dr. Knox introduced
the plan and Mr. Marks stated it should be in writing.
It w~s pointed out Dr. Knox does not have to do the examinations himself but is charged
with seeing they are done.
Vote was called on the motion; it carried unanimously.
OVERTIME IN THE TAX COZ,7~ECTOR' S OFFICE -
Mr. Sowden stated the Tax Collector's office is way behind and when the tax bills go
out they ~ill be more flooded with work. Mr. Grubbs advised Mr. Bowden it will be necessary
for the four employees to work overtime and payment is requested due to the £act compensatory
time cannot be allovaed at this time. F~i.nds have been allocated in the Salary Ftiinds, therefore
only approval to use these funds for payment of overtime is necessary from the Board of
Commissioners.
Mr. Hall moved, seconded by Mr. Marks, that payment for the odertime be permitted.
Motion carried unanimously.
SCHOOL BOARD RE9UEST - F'UNDS F~R SECURITY GUARDS -
Mr. Bowden presented reguest of Dr. Bellamy for funds to pay security guards at Lake
Forest School beginning October l, 19~1. They have sufficient funds until then.
Mr. Williams stated he understood the Board had informally discussed this some time
ago and had decided to terminate all of these and ask the Sheriff's Department and City Police
to pick up the slack. Mr. Williams stated that is still his feeling and suggested writing
a letter to Dr. Bellamy directing him to terminate services of the ~zards at the schools.
Mr. Bowden stated he had discussed this with the Sheriff and his department does not
have flznds for watchmen and this would be terrifically overpaying a deputy for this service.
The Sheriff is willing to deputize a watchman but the Sherif£ does not want them on the
payroll as watchmen; he thinks they should be working £or the Board of Education.
Mr. Williams pointed out that the Sheriff has stated on more than one occasion that a
guard as such, in his opinion, is not a good investment. Mr. Williams is of the opinion a
frequent patrol is the best protection.
By common consent it was agreed to ask Mr. Bowden to inform Dr. Bellamy to terminate
the services of the guards.
ADJuutuvrIENT -
There being no further business to come before the Board, Mr. Hall noved, seconded by
Mr. Williams, that the meeting adjourn. Motion carried unanimously.
Respect£ully submitted,
Haze1 Savage
Clerk to the Board
HS/pb
MIIViTTES OF SPECIAL MEETING '
AUGUST 20, 1971 I2:00 P.M.
;
ASSEMBLY. -
Special meeting of the New Hanover County Commissioners was held on the above date and
time in the Commission Building with the following present: Chairman Meares Harriss, Jr.,
Vice-Chairman Berry 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 Mr. Aall to give the invocation.
WAIVER OF NOTICE OF HEARING -
Mr. Ha11 moved, seconded by Mr. Oxenfeld, that the formal three days notice required
for special meetings of the Commissioners be iaaived. Motion carried unanimously.
MAY z I 1974 ^
i ,~3 I