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1973-03-05 Regular MeetingFJ~ e l p rutvu~r~S OF SPECIAL MEETING, F'EBRUARY 26, 1973 - 9~0o A.M. (CONTINUED) DEVE7APER'S ~f1NSIDERATION (CONTINUED~ - Assessments had ltnown about the pracbice for years bu't had never ind'icated it was 1'sgally risky. Indications are that 1'ocal citizens had threatened a lawsuit against the County if the Developer's Consideration remains in effect. ADNSTMENT OF SA7~ARIES IN SHFRIFF' G AEPARTMENT - Mr. Vaughan advised the-~oard~personnel in the Sheriff's Department had received promotions last July but had not received the increase in pay. By common consent the Board agreed Mr. Vaughan be authorized to adjust sa7.aries in the Sheriff's Department. SITE FOR GO~IFRNMENT COMPLEX - Discussion'was held on possible site in the northern section of the City which the Redevelopment Commission has for sale. They now possibly have a sale for a portion of what the County had been consi@ering. Mr. Davis was of the opinion ~he Redevelopment Commission should be advised the County is still interested in the si~e. By common consent it was agreed Mr. Vaughan advise the Red.evelopment Commission that one or more County Commissioners is still interested. ADJuuturi~NT - There being no further business to come before the Board, Mrs. Wright moved, secottded by Mr. Davis, meeting adjourn. Motion carried unanimouslq. Respectfully submitted, Haze2 Savage Clerk ~o the Board HS/lk `MINITTES OF MEETING, MARCH 5, ~973 - 9:0o A.M. ASSENIDLY - The regular semi-monthly meeting of the New Hanover County Commissioners was held on the above date and time in the Commission Building with the following present: Chairman M. H. Vaughan, Commissioners Vivian S. Wright, J. M. Hall, Jr., Peter R. Davis, W. Douglas PowelZ; County Attorney, James C. Fox; and Hazel Savage, Clerk to the Board. INVOCATION-- Chairman Vaughan called the meeting to order and asked Rev. John D. Barringer, Pastor, Kure Memorial Zutheran Church, to give the invocation. , APPROVAI, OF MINUTES: REGULAR r~r,•rING, FEBRUAT{Y 'i9TH SPECIAL MEETING, FEBRUARY 26TH - Mxs. Wright requested following corrections be made to minutes of Februarg 'Iqth: On Page '10, last paragraph should read: "After further discussion, vote was called on motion. Vote was tied two to two; Mrs. Wright and Mr. Vaughan voting 'Aye'; Mr. Powell and Mr. fiall voting 'No'." , On Page '11, fifth paragraph from bottom, last sentence should read: "Motion died for lack of a second." Mr. Vaughari asked if Mr. Hall concurred in the fourth paragraph of minutes of February 26th, since he was absent at tYiis meeting. Mr. Vaughan had requested the record show that Mr. Hall would have voted "No" had he been present on the motion to remove the Developer's Consideration. Mr. Hall stated this is what he would have done had he been present and he was agreeable to having the record so show. Mr. Vaughan stated he would Iike for the minutes of February 26th show under the heading "Developer's Consideration" it was the consensus of the Commissioners present at this'meeting that they wish to have all assessments based on value of consideration without any arbitrary percentage reductions. Mr. Davis moved, seconded by Mrs. Wright, minutes of Febxuary '19th and 26th be approved as corrected. Motion carried unanimously. DISCUSBION ON .LENGTH (1F MTNtTTFS !1F r.OI~II"IISSIONERS' MEETINGS - Mr. Davis stated he felt~'the~minutes should be as detailed as possitile because they will be here for a long time and shouZd reflect the intent and feeling of the Board. Mr. Powell suggested possibility of tapes being cataloged. Mrs. Wright pointed out one would not be able to know who was speaking on the tape. Mr. Davis stated tapes have a way o£ not being permanent; they can be erasecl by someone not knowin~ how to operate the recorder, Mr. Vaughan stated to avoid confusion at the present time, it should be stated that no instructions have been given as to any change in the minutes, and by common consent of the Board no change shall be made in what the content o£ the minutes shall be until such decision is made at some furtber time, if one is made, by the Board. Mrs. Wright, Mr. Davis, and Mr. Hall expressed desire to have the minutes written i.n detail. CT,ER$ TO THE BOARD CaMP~uL.~L - By common consent the ~3oard commended the Clerk to the Board for the splendid work they felt she had done in carryin~ on her job as Clerk to the Board under very difficult conditions during ~ the past weeks. Mr, Vaughan requested this be entered in the minutes. ~~~ MIN[TTES OF MEETING, MARCH,S, ~973 - 9:0o a.M. (CONTINUED) REQUEST TO SELL CAPE FEAR TECH BONDS - Mr. W. T. Emmart, Mr.. J.. E. McWatty, Mr. R. Z. Burnett, Mr. F: J. Galehouse, members of the Board of Trustees of Cape Fear Tech and Mr. M. J. McI,eod, President, were present in support of their request that the Board of County Commissioners proceed immediately to effect the sale of bonds in the amount of $3,6']5,000 approved by the electorate of New Hanover County in the November '7, '19'72 general election for the purchase of land and construction o£ buildings for Cape Fear Technical Institute. Further, that the monies received from the sale of the bonds be deposited'locally in interest bearing accounts to be withdrawn as needed for payments involved in purchases., planning, engineering, tests and construction necessary to complete the C.F.T.I. building project. Mr. E~mart stated they are in the process of getting architectural drawings made; a contract has to be signed with the architect which obligates them for about $70,000. Mrs. Wright pointed out the schedule o£ estimated expenses attached to their request total up to $50,000 more than the bond issue. Mr. McLeod stated the additional $50,000 would be from interest and from some o£ the funds that have been granted by the Board £or the purchase of the land. Mr. Davis asked if Mr. Emmart felt this is a good time to sell bonds. Mr. Emmart stated £rom all indications short term money rates are:supposed to go up. In fact, they have already taken a jump. The prime rate has jumped up as well as the discount rate, and it is anticipated that the prime rate could reach '7'~ before the end'of this year. Mr. Emmart stated he was inclined to think now is the better time to sell them than six or ei~ht months from now, but don't hold him to it. Mr. Vaughan stated the Local Government Commission will take a look at what the scheduled requirements are and determine themselves when the bonds should be issued. Mr. Ross has advised that immediate funding in amount of $70,000 could be raised in bond an- ticipation notes. Mr. Ross stated the Local Government Commission is reluctant to approve sale of bonds until they have some pretty firm contracts, so they would rather at this time issue bond anticipation notes and have the contracts signed and then proceed with the sale of the bonds. Mr. Ross explained bond anticipation notes are short term security that usually bears less , interest than bonds would and are to lie paid out of'proceeds of thet~ond sale. They could be one or two year notes; whatever the Local Government Commission considers to be proper. Mr. Ross stated it would probably take three or four months to sell the bonds anyway, and if there is a need for money in the meantime,. time required on bond anticipation notes wo.uld riot be too lorig; maybe a month or six weeks. ' Mr. Ross pointed out tax exempt bonds have been under very~close scrutiny by the Internal Revenue Service. They have recently issued preliminary directives about the investment of proceeds of bonds, and if you are not very careful, the County could be accused of something called arbitrage which is the process of doing just what was suggested sellirig bonds at 5% and investing the money at 6%. If the Internal Revenue ever does rule that any of the bonds are arbitra~e bonds, it will have a bad effect on any bond sales in the future. Mr. Ross stated he did not think it would be wise to count on any consider- able earnings from the investment of this money. Mr. Powell moved, seconded by Mr. Davis, that Mr. Ross be authorized to proceed with the machinery of finaricing, including tax anticipation notes and/or complete for immedi- ate financing with municipal bonds, and Cape Fear Technical Institute be instructed that the Board will back their assumption of obliga;tion of architect fees. Mr. Aaughan presented a list of capital needs from the public schools, New Hanover Memorial Aospital, Courthouse, and Cape Fear Technical Institute. The list was pre- pared £rom rough projections over the next five years and amounted to ~24,'J'15,000. Maintenance re quirements for the four facilities will amount to $946,450 over the next Pive years. Mr. Vaughan pointed out total maintenance £or the year '19~7-~8 amounts to ~357,800 which adds up to 6 cents on the tax rate without consideration of bond interest, etc. Mr. Vaughan stated he had asked Mr. Fox if the Board is under obligation to issue these bonds at the present time. Mr. Fox has given an opinion "off the cuff" that the Board issues the bonds when it wants to. Mr, Vaughan stated he personally feels the Commission should sit down and see what the priority is on these bonds. Mr. Vaughan stated he did not feel the taxpayers were adequately informed when they voted on the Cape Fear Tech Bond Issue. Mr. Vaughan feels the present issue is which of the four tY~ings listed on list of capital needs are most important. Mrs. Wright felt since the voters have already approved this, the Board had no alternative but to sell the bonds. Mr. Davis felt it would be a slap in the face to the voters; they have said what they wanted. Mr. Powell felt point Mr. Vau~han brou~ht out is good; there is no question that theBoard is faced with some tremendous future financial problems and priority determinations; however, in this particular case the voters have already determined the priority. Mr. Hall stated he had a great deal of confidence in the voters; they lmow what they want. Mr. McWatty stated Cape Fear Tech is from three to Pive years behind in projects as of now. Mr. Hall called for question on the motion. Motion carried four to one. Mr. Vaughan voted "No". Mr. Vaughan stated he felt that Cape Fear Tech had expanded beyond what the citizens of the community intended for it to do. Mr. Vaughan stated he had a friend who says he can attend Cape Fear Tech and take instrument flying and questioned wk~y he did not go out to the private place at the Airport; this friend has a$25,000 plane and a$50,000 income. Mr. McZeod stated Cape Fear Tech is prohibited from offering courses in conflict with other schools or businesses. ~~~ MINUTES OF PIEETIPIG, MARCH 5, ~973 - 9:0o n.M. (CONTINUED) REQ,UEST TO SELL CAPE FEAR TECH BONDS (CONTINUED) - Mr. Vaughan asked Mr. McLeod what classes the '13,000 people attending Cape Fear Tech attend. He asked Mr. McLeod to send him a memorandum on it. Mr. McLeod stated he could do this but it involves a good many classes; there were actually over '14,000 this past year. Mr. Vaughan questioned whether the Board of Trustees had made any effort to encourage the two adjacent counties, principal users besides New Hanover County, to participate in the capital requirements of the institute on a percentage basis. Mr. Vaughan stated New Hanover County people are putting in about one-half million dollars for these adjacent counties. Mr. Vaughan called attention to major tax reduction in Brunswick County while New Hanover County may be faced with a tax increase. Mr. McLeod stated when Birby Sullivan was a member of the Board of Trustees from Brunswick County, letter went to Brunswick County and to the Attorney General's Office for a ruling and at that time ruling was that Brunswick County could not put tax funds into an institution in New Hanover County. Mr. Blnmart stated the same thing happened regarding Pender County. Mr. Vaughan stated what he had to say about Cape Fear Tech over expandin~ had nothing to do with the splendid mission he felt they have of advancing the education of people who need certain basic technical education to accept jobs in the community. CAPE FEAR TECH PAPERS - INTEREST GRANT - Mr. McLeod discussed papers which he had requested be signed by the Chairman. Mr. McLeod stated request for aid from the Federal Government had been signed by Mr. Oxenfeld when he was chairman to pay the interest on the bonds. This has been accepted and there is a very tight dead line. HEW has asked the County to sign agreement stating that if people owning property, which there are no people, that we would help to relocate them, and if we destroyed buildings they had, we would help them to get buildings blult. This is a formality, but they do require it just as they require them to sign fair hiring practices. It has to be signed by the Chair- man of the County Commissioners, by a representative from the Cape Fear Technical Institute, and by the Attorney General of the State of North Carolina. Mr. Vaughan stated he discussed these forms with the Board at the last meeting at which time he informed the Board he did not understand them, but since that time he has received a letter from the Cape Fear Tech Business Office Manager stating that they do not have anything at all to do with displaced persons; they have to be signed anyway. Mr. Vaughan stated if it is the pleasure of the Board, he would sign the forms although they have nothing to do whatso- ever with circumstances that exist. Mr. McLeod pointed out iC does have one implication; if the County accepts the money from the Federal Government to pay a portion of the bonds then it does bring the County under all Federal regula~ions in buildings. After discussion, Mr. Mcl,eod stated the County will get more out of it than additional building costs will amount to. Mr. McLeod stated this had been checked out. It is hoped this will pay all interest rates over 3%. Mr. McWatty stated this was discussed at the last meeting of the Board of Trustees at length. This does not mean that when you sign what you are signing that the County is obligated. If Cape Fear Tech finds it orill cause them to go over the budget, then it will not be used. Mr. Hall moved, seconded by Mr. Powell, that the papers in questioxi be signed. Motion carried unanimously. CONSIDERATION OF POLICY ON RENTAL Mr. Ross requested direction $20 per month is being paid. Mr. effect a split between the County Whatever decision is made will pr~ coming along as time goes on. FORECI,OSED PROPERTY - on property that has been foreclosed and on which rent of Ross stated he felt it would cost more to administrate and and City of Wilmington than it would be worth to handle. ~bably establish a precedence as there will be more of this Mrs. Wright stated person should not be displaced, but the County would not want to go into the rental business and felt he should be permitted to stay there for the time being and Board proceed with advertising that this property is up for sale and get it sold as quickly as possible. ~ Mr. Vaughan appointed Mrs. Wright to consult with Mr. Powell and furnish the Board with a recommendation. SCHOOL BOARD - TRANSFER OF FUNDS - Mr. Ross stated at the beginning of the fiscal year $297,000, which represented insurance on a building which was burned, was placed in the School Capital Outlay Fund. They do not in- tend to use it this year and have requested it be returned to Capital Reserve Fund where it can be held for future use for this purpose. Mrs. Wright moved, seconded by Mr. Hall, request be approved. Motion carried unanimously. AIRPORT - TRANSFER OF F'UNDS - Mr. Ross stated the Airport Commission would like to have some additional money for en- gineering fees, etc. on holding room and maintenance building. They have requested transfer of funds as £ollows: $2,500 from Salaries, $'I,200 from Travel and $280 from Covered Concourse to the account for the holding and maintenance building. Mr. Ross recommended approval. Mr. Vaughan moved, seconded by Mr. Powell, transfer be approved as requested and recommend- ed by Mr. Ross. Motion carried unanimously. READJUSTMENT OF TRANSFERS FROM LAST TWO MEETINGS - rlr. Ross stated due to an error in his office, he had requested and received transfers in amount of $'19,63`].63 from a refund from the Federal Government on the Juvenile Detention Facility. This came through I;ower:Cape Fear Planning Unit and the girls in his office did not recognize it as belonging to the Juvenile Detention Facility. It has been bud~eted for them. Mr. Ross requested this money be replaced from the Unanticipated Revenues from Interest Earn- ings. Interest earnings this year will run better than that much in excess of what is budgeted. Mrs. Wright moved, seconded by Mr. Hall, request be approved. Motion carried unanimously. MINUTES OF MEETING, MARCH 5, ~973 - 9~0o A.M.(CONTINUED) PRESENTATION OF BILL FROM OUTSIDE AUDITOR - Mr. Ross stated this bill is Yor the two interim audits. Report was distributed at the last meeting. These audits were necessary when Mr. Shepard left and another when he, Mr. Ross, took over from Mr. Powell. Bills total $'7,204. Mr. Ross stated the scope of work involved was pretty close to what is done at the'end of a fiscal year. Mr. Ross stated bill is in line and he recommends payment, funds to aome from the General Con- tingency. Mr. Davis moved, seconded by Mr..Powell, bill be paid. Motion carried unanimously. REGISTER OF DEEDS - TRANSFER OF FUNDS - Mr. Itoss presented request f'rom the Register of Deeds to transfer funds from Arcata Account in amount of $2,400 to Xerox Rental in amount of $2,000 and to Office Supplies and Expenses in amount of $400. Mr. Ross stated the Register of Deeds has gotten an improved Xerox machine and they are doing a lot of the work which they formerly farmed out, so actually it represents a savin~s and recommended transfer be made. Mr. Davis requested copy of study made by Xerox, and a copy of their forecast of what it would cost, and what the bill has actually been. Mrs. Wright stated she had talked with Mrs. LeRay and there was some trouble with the former system; it was not doing what they said it would do and that is wY~y she went to a different system; the system she has now is working. Mrs. Wright moved, seconded by Mr. Hall, that the transfers be approved. Motion carried unanimously. Meeting recessed at '10:'15 A.M. Meeting reconvened at '10:20 A.M. PUBI,IC HEARING: REZONING APPLICATION FOR SPECIAI, USE PERMIT PROPOSED AMENDP'"iENT TO ZONING ORDINANCE - Mr. Vaughan declared Public Hearing open for discussion on rezoning requests, appli- cations for special use permit, and proposed amendment to zoning ordinance. Mr. Mallory presented the following requests: Rezoning 'I: Property at the southwest corner of Market Street (U. S. Hwy. 'I']) and Gordon Road from R-'15 (Single Family District) to B-2 (Business District) in Zoning Area #6. Request was made for rezoning in order to put a furniture store on this property. Mr. Mallory stated the Planning Commission and Planning Department recommends approval. There was no opposition to the rezonin~ request. Mr. Davis moved, seconded by Mrs. Wright, zoning request be approved. Motion carried unanimously. (Ordinance rezoning this property is contained in Zoning Ordinance Book I, Seetion 6, Page 9.) Rezoning 2: Property at 500'I thru 50'I'I Wrightsville Avenue on the north side of the street between Wallace Avenue and Wooddale Drive from R-'f5 (Single Family District) to 0&I (Office and Institutional District) in Zoning Area #9B. Request was made for rezoning in order to put a real estate office on the property. Mr. Ernest H. Keith, petitioner, asked the Board for rezoning. Mrs. Wright asked if he planned to purchase property belon~ing to the other property owners involved. Mr. Keith said he did not; he had been advised by Mr. Mallory to acquire an area large enough to be worthwhile and to avoid spot zoning; ~he other property owners actually requested their property be rezoned also. There was no opposition to the rezoning request. Mrs. Wright moved, seconded by Mr. Powell, request be approved. Motion carried unanimously. (Ordinance rezoning this property is contained in Zoning Ordinance Book I, Section 9B, Page 10.1 Special Use Permit 'I: Application for Special Use Permit to use property at '139 Elisha Drive for a greenhouse in a R-'15 (Single Family District) in Zoning Area #6. Mr. Mallory stated the Planning Commission recommends issuance of special use per- mit, subject to the following: 1. Plans submitted with the application for Special Use Permit 2. That no retail activity be conducted on the property. It is understood that flowers and/or plants grown within the green- house may be sold to florists, but no retail sales to the general public may be conducted on this property. The petitioner was present. Mr. Vaughan expressed opinion he did not see why an5rone should have to go before the Planning Board to erect a greenhouse the size of this ('10' x'13'). Mr. Mallory stated as result of this application there has been a recommenda- tion by the Planning Commission to alter the requirements limiting it to anything under 500 square feet would not require special use permit. Mr. Mallory stated recommendation will be coming to the Commissioners within the near future to alter the Zoning Ordinance to this effect. There was no opposition to this request. c3~~ MINUTES OF MEETING, MARCH'S, ~973 - 9:0o A.M. (CONTINiTED) PUBI,IC HEARING: REZONING APPLICATION FOR SPECIAI, USE PERMIT PROPOSED AMENDMENT TO ZONING ORDINANCE (CONTINiTED) - Mr. Powell moved, seconded by Mr. Vaughan, that the special use permit be issued. Motion carried unanimously. Special Use Permit 2: Application for Special Use Permit to use property on east side of Carolina Beach Road (U. S. Hwy. 42'I) approximately 300 feet north of the intersection of Carolina Beach Road and Manassas Drive for duplex dwellings in a R-'15 (Single Family District) in Zoning Area #4. Mr. Mallory stated the Planning Commission recommends that this special use permit be issued~., subject to the following: 'I. Plans submitted with the application for Special Use Permit , 2. Road be constructed in accordance with the minimum construction standards of the State Highway Commission There was no opposition to this request. Mr. Vaughan called attention to the fact that in development on Masonboro Loop Road they are congesting those duplexes; lots are less in size. Mr. Mallory stated reason for this they provide a community water system and community sewerage treatment facility. Mr. Vaughan pointed out this developer has a very beautiful entrance to another development but houses are now being built into the entrance way and asked if Mr. Mallory could control this type of thing. Mr. Mallory stated "no" if the subdivision had already been approved. In this case it has been ap- proved and recorded. Mr. Mallory stated they encourage developers who say they want to beautify the entrances and provide landscaping. Mr. Davis moved, seconded by Mr. Hall, this special use permit request be issued. Motion carried unanimously. . Proposed Amendment to New Aanover Countv Zonin~ Ordinance: 'I. Amend Article V, Section 54-2 b~ adding the following: (22) Churches Mr. Mallory stated this is a list of permitted uses in a B-'I Zone, and it is recommended that this list of uses be e~ended to include churches as a permitted use within the B-'i Zone. This was recommended favorably by the Planning Commission. 'Mi~,. Hall moved, seconded by Mr. Powell, this amendment be made to the New Hanover County Zoning Ordinance. Motion carried unanimously. - Mr. Vaughan declared the Public Hearing closed at this time. PIIBLIC HEARING: PROPOSED AIRPORT HEIGHT ZONING ORDINANCE - Mr. Vaughan deciarea i'u~iic hedring open for iscussion of Proposed Airport Height Zoning Ordinance. Mr. Mallory stated in December of '19'72, the Board of Commissioners held a public hearing on a proposed Airport Height Zoning Ordinance to regulate the height of~structures that would be affected by the operation at the New Hanover County Airport. The conclusion of the public hearing in December was the ordinance should be considered in its entirety and possibly to change and reword certain sections of the ordinance. Based on this action there was a committee established; two members of the Board of Commissioners, two members of the Airport Commission, and two members of the Planning Commission alon~ with one property owner from the area. This committee met and went throu~h the ordinance in detail and they did make some changes. All changes have been incorporated in the proposed re-write ordinance that were distributed to the Commissioners on February 25, '19']2, and as the Fublic Notice said in the paper the revised copy was available at the Planning Department for the public to obtain. Mr. Mallory stated most of the changes were basically word changes at various places; one of the most important word changes was the overall reference into the title was chan~ed from "New Hanover County Airport Zoning Ordinance: to "New Hanover County Airport•Height Zoning Ordinance." This is a regulation to impose restrictions only on height oP structures and also on trees. Mr. Mallory pointed out the most significant word change as follows: On Page 'I'I under heading "Section IX: Enforcement", the old draft included as far as enforcement, it would be the duty of the New Hanover County Airport Mana~er and the Building Inspector to enforce the regulations. It was the recommendation of the committee to remove the New Hanover County Airport Manager and make the official enforcing officer the Building Inspector. •A.sentence was added to the effect that it would be the duty of the Airport Manager to advise the Building Inspector of any violations of this ordinance, because it would probably be through the Air- port Manager's Office that any or all violations in reference to trees would be noticed. The other significant chan~e was a change also in referenoe to enforcement at the top of of Page '12 of the re-write: "Whenever a tree that is conforming to the requirements of this Ordinance of the effective date grows to a point that is in violation of any height herein specified, the owner o£ such tree shall allow the County to remove or lower such tree to a point that will make the tree comply with the height speci£ied. Such removal or lowering o£ trees shall be done at the expense of the Board of Commissioners of the County of New Hanover, State of North Carolina and the County o£ New Hanover shall be liable for any injury or damage in accordance with the General Statutes o£ the State of:North Carolina."~ This warning was rec- ommended by the Committee and has been approved by the County Attorney as being acceptable from his standpoint of being within the limits of the statutes. Mrs. Wright raised question where it refers to injury or damage does it mean injury or damage to people or to tr~ees. Mr. Mallory stated this wording is almost identical to that in the General Statutes and is up to this Board to interpret. ~~~ MINUTES OF MEETING, MARCH 5, ~973 - 9~00 A.M. (CONTINUED) PUBLIC HEARING: PROPOSED AIRPORT HEIGHT ZONING ORDINANCE (CONTINUED) - Mr, r'ox stated in enforcing the Goning Ordinance if there is resulting dama~e to property to constitute the effect of taking, then under the applicable laws the County would be liable for that damage to the property. Mr. Fox stated this language in the ordinance is somewhat ambiguous as is the language in the General Statutes themselves. Mr. Fox stated iP trees were removed, instead of being topped, to a point where property is substantially denuded lowering its value, the County would be responsible. On the other hand, if the tree was just topped so as to comply with the ordinance and no addi- tional damage occured, Mr. Fox was of the opinion there would be no compensation involved. This would be in addition to any easements the County has acquired. Mr. Fox stated on existing easements the9 provide perpetual right to control height of those trees. Mr. Fox stated tree problem will be confined to a very limited amount of property due to approaching and taking off of planes. This is small in the relationship to the over- all structural problem that could be involved in the construction of buildings in the runway paths, etc. Mr. Fox felt the County had control of the tree problem by the ease- ments already acquired. Mrs. Wright raised question of statement on page 'I and statement on page 9 which refers to use of the land. Mr. Mallory stated a structure that would be in violation of this ordinance would be a use of land, but the use of land as it is used in this or- dinance does not indicate prohibiting the use of any land other than from the point that if the use o£ this land violates any height restriction. There are no restrictions found in this ordinance that would limit the types o£ uses o£ land. Mr. Mallory stated there is no place in the ordinance that he is aware of that refers to prohibiting any type of activ- ities. ' Mr. Davis questioned paragraph (3) on Page 'I which reads: "That the prevention of these hazards should be accomplished to the e~ent legally possible, by the exercise of the police power without compensation." Mr. Fox stated this statement is really an accurate statement of the entire zoning philosophy and found in every zoning ordinance. Mr. Fox stated property is really the rights of people to do things with a piece of real estate or piece of physical propert~ and those rights are not enumerated. Property rights are like a big bundle of sticks. When the government comes into zoning and begins to take one of those sticks and says you cannot use it for industrial or business purposes or you cannot build a building beyond a certain height. Under some point under the Constitution of the State and United States you take away those sticks; the Court of Law says it is reasonable to take x number of sticks but when you go begond that number of sticks you have a taking under the laws that requires just eompensation under our two constitutions. The exact nature and number of sticks that have to be taken when you cross that line is something that only the Courts can define on a case by case basis, so that i£ an individual feels that the zoning ordinance violates his constitutional rights and some of his property has been taken he goes to court and the court can say either yes so many sticks have been taken that the County now has to pay you for your property to tYe extent its value has been diminished by these sticks that have been taken. On the other hand, the Court could say no, that regtzlation is reasonable in the interest of the individual's private ri~hts so as to require compensation. This statement in effect is saying that the sticks that are taken should be taken just so far as reasonable under a zoning ordinance concept and is not in- tended to constitute a taking of anyone's property under the law. Mr. Davis stated he would take this explanation but could still see an over zealous person enforcing it pushing a person and a lot of people cannot afford to go to court. Mr. Davis says he sees this being done until~a person gets fed up and sues. Mr. Hall stated he did not think you could eliminate the possibility of a law suit in anything. Mr. Davis stated the County has been a long time without height ordinance; he knows the County has to put one in but he felt the County is creating more laws and ordinances than are needed. Mr. Davis feels this will let somebody go out there and cause the little man some problems. Mr. Vaughan pointed out the FAA will close the Airport down if the County does not have some controls on it. Mr. Davis stated they had told the County they were go- ing to do this for other reasons.. "` Mrs. Wright asked i£ the problem could not be controlled by easements. Mr. Mallory stated it could not. Mr. Davis asked if the ordinance is passed today, will it affect property owners today. Mr. Hall stated it would not, it is to control future buildings. ~r. Shackleford, Assistant Airport Manager, stated the approaches to the runways have been cleared in accordance with FAA criteria. Mr. Shackleford stated, without making an aerial survey, he would say this ordinance will not affect a~y trees at the present time. Mr. Shackleford stated if ordinance is adopted a surveyor should be hired to make an accurate aerial survey of the other areas other than the approach centers. The approach areas have been approved and checked by the FAA Regional Office in Atlanta and they have approved them as clear. It was advised from a le~al standpoint to incorporate a survey map alon~ with this document for recording. Mr. Fox stated the reason for this is that anythin~ that is of non-conforming use at the time of the enactment of the ordinance is entitled to continue as a non-conforming use as a matter of law. Question could arise ten or twenty years £rom now, "Was it a non-conforming use on this date or a later date?", so to have a beginnir~ point, so to speak, you have to have your survey now. Mr. Davis asked if cost of survey is known and when would the Airport be closed down i£ ordinance is not passed. Mr. Shackleford answered "No" to the first question and answered the second question by saying there is a zoning ordinance that is in effect at the present time which was passed by the Soard in '196'I. This ordinance has never been put into effect. It is very similar to the one being considered today. Mr. Shackleford stated the FAA has updated their creteria which makes it necessary for a new ordinance. They are requiring new criteria now for height restrictions whereas in '196'I they required lower limits and now they are requiring higher limits in certain cases; in other cases they are requiring lower limits. Mrs. Audrey Feenstra, property owner, spoke next saying there are several things that the property owners still question. On Pa~e '12 they question compensation for removing of trees. They felt they should be compensated when they lose a tree. She felt language in first paragraph is ambiguous. ~~ ~ MINUTES OF MEETING, MARCH 5, ~973 - 9~0o A.M. (CONTINUED) PUBLIC HEARING: PROPOSED AIRPORT HEIGHT ZONING ORDINANCE (CONTINUED) - After discussion, by common consent it was agreed to insert word "compensatory" before word "damage" in the paragraph discussed. Mrs. Feenstra stated the property owners feel that the first sentence of the first para- graph on Page 12 applies only to trees that are there now. She stated they live in a rural area where a lot of trees volunteer so she felt consideration should .be given to trees that volunteer as well as those that are planted. No change was made in this wordin~. Mrs. Feenstra discussed (3) in the preamble on Page 'I, "police power without compensation." Mrs. Feenstra stated the property owners object very strongly to this. Mr. Vaughan stated the County Attorney advised him before being excused from the meeting this sentence could be elimi- nated from the ordinance. By common consent it was agreed No. (3) be eliminated from the ordi- nance. Mrs. Feenstra discussed Section VIII on Page 8 requesting "No material chan~e shall be made in the use of land" be stricken from the ordinance. By common consent this clause was stricken from the ordinance. Mrs. Feenstra requested preamble be amended on Pa~e 'I as follows by adding "as specified in this ordinance" in the first sentence of the preamble. By common consent this was agreed to by the Board. Mrs. Feenstra discussed permits for trees on Page 9 of the ordinance, pointing out there are four height zones. It would be difficult to know whether to apply for a permit or not due to the different height zones. Mr. Hall felt the County should be protected from the possibility of persons planting trees which the County would have to purchase. Mr. Vaughan suggested the hearing be-recessed and the Engineer and others involved produce countour map showin~ just where these restrictions will occur related to geography and put in the Airport Office in order for interested persons to view. Mr. Vaughan moved, seconded by Mr. Hall, the Commissioners recess this hearing with the understanding the Engineer and Airport Manager will furnish and advertise publicly and notify leaders in the community that these maps are available in the Airport Manager's Office for their inspection at any time they would 1ike. Mr. Vaughan suggested leaving meetin~ with understanding ordinance has been adjusted with this one exception. Mr. Davis questioned Section XII: Penalties on Page '12 of the ordinance, particularly portion "and each day a violation continues to exist shall constitute a separate offense." Mr. Vaughan suggested discussing this when the County Attorney is present. Person in the audience requested recessed hearing be held at night. Mr. Vaughan moved, seconded by Mr. Powell, the recessed public hearing be held at 5:30 P.M. on the second Monday in April;.' Mrs. Wright made a substitute motion, seconded by Mr. Hall, that the meeting be held at ~:30 P.M. on the second Monday in April. Motion failed three to two. Mr. Hall and Nrs. Wright voted "Aye"; Messrs. Vaughan, Davis and Powell voted "No". The people in the audience were asked if 5:3o P.M. would be convenient. The concensus was that it would be convenient. Vote was called on original motion. It carried four to one. Mrs. Wright voted "No". Meeting recessed at '12:'10 P.M. Meeting reconvened at '12:20 P.M. AMBUI,ANCE FRANCHISE - Mr. Henry T. Hoyle and Mr. H. G. Tate, owners of T&M Ambulance Service were present for discussion on request which they had submitted for exclusive franchise of ambulance service in New Hanover County. Mr. Stanford and Mr. Glisson from the Ogden Rescue Squad were present also. Mr. Hoyle stated that prior to '196'7 there were no controls over providers of ambulance service in the State of North Carolina. The '196'J General Assembly formed a committee and came up with controls governing all providers of ambulance service. They came up with G.S. ~30-230 through 234 and '130-9, Subsection 58. This was a guideline as to training, equipment, sani- tation and safety of both the ambulances and the drivers. In the formation of this group it states that ambulance service should be, where economically feasible, provided by private enter- prise. Mr. Hoyle stated they had submitted request to operate ambulance service in New Hanover County at no cost to the County. Mr, fioyle stated other counties are paying for ambulance service and read from a list showing charges for different counties. Mr. Hoyle stated out of the reports he received, New Hanover County is one of the three which does not assist ambulance service. Mr. Hoyle read from G.S. '130-9 governing ambulance service and grantin$ of franchise to operators. Mrs. Wright pointed out Mr. Hoyle at one time worked for Mr. Tate and went into business in '19'70. Mrs. Wright stated the ambulance report, recently submitted to the Commissioners, showed Mr. Tate had been losing money for several years and wondered why Mr. Hoyle went into the business lmowing it was a losing business. Mr. Hoyle stated he was asked to start the service at Carolina Beach since it was so far to Wilmington; he was living at Carolina Beach at the time and had a license to operate in the Carolina Beach area and then he extended his service into Wilmington. In the ambulance report references were made to the fact that one ~~~ MIPNTES OF MEETING, MARCH 5, ~973 - g:00 A.M. (CONTINUED) AMBULANCE FRANCI3ISE (CONTINUED) - ` private operator having the only ambulance service in a metropolitan area of at least a quarter of a million population may have enough business to make a profit. Mrs. Wright questioned how Mr. Hoyle can make a profit in this area with only 82,000 people. Mr. Hoyle stated if the franchise were granted, they could make a profit and give adequate service to the entire County. Nr. Tate stated he had been in business since '1962 and has been losing money all that time. Mrs. Wright asked Mr. Tate if he could furnish the Board with copy of his financial record. Mr. Tate stated he did not have it with him. Mrs. Wri~ht stated the Board would need it before anything can be done. Mr. Hoyle stated the Ambulance Stud9 Committee was formed by the County in '19']2 and held discussions for something like seven months. Report was submitted in July, '1972, which was the requirement of G.B: ~30-9, 58-A. The report came up with five recommendations. The first and foremost was that the County franchise a private ambulance service and set fee for service and limit the rescue squad to rescue work only. Mr. Hoyle stated they are requesting the Board accept recommendation of the study committee and act accordingly as set forth in '130-9, 'i & 2. Mr. Hoyle stated at the present time their services have dropped to a considerable point and the rescue squad is advertising free ambulance service; they are transporting more people to and from hospitals, nursing homes, and out-of-town services, which are not rescue work. Mrs. Wright stated she did not think this is the problem of T&M Ambulance Service. She was of the opinion it seems more from incidents such as one her famil~ saw on tele- vision. It was a report of an accident showing Mr. Hoyle's ambulance arriving. When it stopped, there was a young child about nine or ten years old who got out of the ambulance and started clowning for the TV Camera. Mrs. Wright stated they got the distinct impression that the driver and child were the only people riding in the ambulance, and thought it was very unprofessional. Mr. Hoyle stated there were two attendants at that accident. Mr. Hoyle stated this is not a general practice, this was a mistake on his part. Mrs. Wright stated ogden does not advertise free service. Representatives from Ogden stated they did move people from rest homes, etc. when they are requested to do so. Mr. Fox stated the County has the authority to enter into ambulance service in the County, but the normal concept of a franchise is it confers upon the franchise a license to serve in a designated area, and it is e£fective to encourage services within that area because of the absence o£ another firm that would make a profit. Mr. Fox stated he did not see a~y basis for issuing a non-exclusive franchise. Mr. Fox stated he did not see where it would change the overall operation at the present time. You would still have every competitive feature that you have at the present time, and does not see advantage at all where it does not confer sufficient territory. Mrs. Wright stated their application did specify the recommendation of ('I) which she took to mean an exclusive franchise. Mrs. Wright stated she was not prepared to support this. Mr. Fox stated the meanin$ of the franchise is not clear to him. Mr. Vaughan stated their letter indicates they are applying for an exclusive franchise. Mrs. Wright stated what they are asking for is to limit the rescue squad to doing nothing but strictly rescue work and nobody could call on the rescue squad even if that was their personal preference because the rescue squad will not be allowed to answer them., Mrs. Wright stated her personal preference would be the rescue squad for several reasons she considered very good, and she did not want to be limited in that respect and she did not believe the citizens would either. Mr. Hoyle stated the rescue squad is chartered for rescue work. Mrs. Wright stated the squad only transfers people, who respect them and when they are asked to do_so. Mr, Hoyle stated other rescue sguads in the other counties do nothing but emergency transports to a hospital. Mr. Vaughan asked Mr. Hoyle if the County granted this franchise, would he want any others to come in. Mr. Hoyle stated he would not. Mr. Vaughan stated the advantagesto the County would be, as shown on Page 8 of the Ambulance Report, where the County would be able to look over their equipment, scope of the service they,render and type of personnel they have and quality of the service rendered. Mr. Hoyle stated his office is opened at anytime to a~yone who wishes to inspect it. Mr. Hoyle stated they now have three vehicles in service. Mr. Tate stated he has four vehicles in operation; stated he had six but had to park two of them due to insufficient business to keep them running. Mrs. Wright questioned Mr. Tate about dates of purchase of some of his equipment. Mr. Tate stated he purchased one new and one used about six months ago. The new ambulance is a Chevrolet. Mrs. Wright stated she would like to see the Board not grant this reguest or put off the decision, one reason being that she was not prepared to support it to start with, but another reason bein~ Mr. Powell is new on the Board and he did not even have a copy of the Ambulance Report until this morning and she £elt he needs time to study it and become familiar with what is in the report. Mr. Vaughan stated it seemed to him the Board could not act on this without going into it more deeply. Mr. Vaughan stated the Board had had the report for a long time but had not had Mr. Hoyle's presentation. Mr. Vaughan stated this was his fault because he had asked Mr. Davis if it was all right if he postponed it because of such a heavy agenda in February. Mr. Vaughan stated the Board will be able to arrive at some deci- sion agreeable to both Mr. Hoyle and Ogden Rescue Squad after hearing their side of the situ- ation. Mr. Hoyle's request will be taken under consideration. Mr. Powell stated he ~lt it was important to citizenry of the County that the Board be assured of Mr. Hoyle's financial capability to maintain and operate this equipment, have the capacity to keep the equipment in first class shape, and supply the proper personnel. Mrs. Wright stated according to the report, they will never be able to with the population of New Hanover County. / q'y QJ~~P) MINUTES OF MEETING, MARCH 5, ~973 - 9~0o n.M. (CONTINUED) . AMBULANCE FRANCHISE (CONTINUED) - Representatives of the Ogden Rescue Squad were heard from next. Mr, Vau~han asked if someone called them saying the9 would like to be moved from the nursing home would they move them. They said they would and not charge them a dime for it. Mrs. Wright stated during the recent ice storm the people who man the staff at Cornelia Nixon Davis Nursing Home called on the Rescue Squad to get their staff back and forth so they could be there to tend these elderly people and the Rescue Squad did it. One of the representatives from Ogden presented log of trips made, showing calls average over '10 per day usually; over 300 per month. They make it clear Ogden Rescue Squad does not charge for calls, it is strictly non-profit. Ogden has two paid employees, salaries coming from proceeds derived from square dances they sponsor on Saturday night and fish fries. It became imperative to hire two men when the calls started reaching the point where they re- quired two men all the time. Back up men are shift workers that can be depended on. Mr. Vaughan asked if they ever found themselves in a position where they could not staf£ a vehicle. They said yes due to emergency traffic and then they called Mr. Hoyle. Transfer of patients are not usually emergencies unless they are told so and emergency calls take priority over this. There are 40 people on the staff of Ogden Rescue Squad. Mrs. Wright stated her husband is a certified registered first aid instructor and he teaches classes for the Red Cross at times and for his company. Her husband says the Ogden gentlemen are much more highly trained than anyone he trains. He says their staff is top quality. Mrs. Wright pointed out the Ambulance Study Committee mentions in their report that some of the calls to the Ogden Rescue Squad were being monitored on the radio and ambulances were responding because of hearing these calls. This is illegal; it is hard to prove but it is illegal to monitor them for a profit. Mrs. Wright stated this concerns her, and some of the things they mentioned about worn tires, etc. Mr. Hoyle stated his vehicles were checked Friday by the State Inspection Board and all are in good condition. Mrs. Wright requested the Board invite the gentlemen from the State Board who made comments in this Ambulance Report to attend meeting of the Board of Count~ Commissioners. He is Mr. Thomas Little. The Ogden Rescue Squad suggested Mr. John M. McCloskey, Extension Education & Training Specialist, '134 Greencrest Circle, Jacksonville, N. C. 28540, Tel. 9~9-347-4084 be invited to appear. By common consent it was agreed the Board try to get either Mr. Little or Mr. McCloskey to appear at the next Board Meeting. Mr. Page of Ogden Rescue Squad asked Mr. Hoyle how T&M proposed to take care of the poor in the County. The Ogden Rescue Squad does not receive any compensation for many calls. Mr. $oyle stated they propose, if they have this exclusive £ranchise, that they can take care of the entire County and give efficient service at all times, twenty-four hours a day. Mr. Hoyle stated there had been some discussion on T&M taking elderly people into court to try and collect bills, but if anyone would check their records during year '19~2 between Hoyle's and Tate's ser- vice there were only 43 that were taken into court out of something like 2,000 calls handled. This was a last resort, insurance companies aided the people and they still refused to pay the fee. Mrs. Wright stated Mr. Hoyle was interviewed by the Ambulance Committee on February 24th, of last year or its representatives and he stated, according to them, he felt some type of subsidy might help to improve ambulance service. She asked Mr. Hoyle if he was proposing to come back and ask for a subsidy if he gets a franchise. Mr. Hoyle stated they planned to take if for one year and try it and see what can be done. If within that time they are unable to do it, they will turn the franchise back in. Mr. Vaughan asked if they proposed if the County franchises them exclusively and some other private group comes in and wants a franchise the County cannot give it to them. Mr. Hoyle stated if they are not in the County as of '196`]. Mr. Hoyle stated New Hanover was one out of three of 65 counties contacted that has not taken the initiative to assist the ambulance service within their respective county. Mrs. Wright stated everyone wants private enterprise, but when it is.obvious private enterprise cannot make a profit, and Mr. Tate has been in business ten years and is losing more now than ever before and Mr. Hoyle has just started in business and he is losing already, and the report stated he would need a population of one-quarter of a million dollars to make a profit she did not see where the County would be doing them a favor to give them a franchise. Mr. Hoyle stated they were requesting the rights that are due them; the Rescue Squad is not an ambulance service; they are transporting ambulance patients and this is not'rescue work. Ogden repre- sentatives stated by law they are permitted to carry such patients. •Mr. Hoyle stated in other counties ambulances and rescue squads are called, but the rescue squad provides rescue aid and the ambulance does the transporting. By common consent it was agreed the Board would talk with Mr. Hoyle and the Ogden Rescue Squad on the first meeting in April after meeting with State officials on March '19th and it is hopeful the Commissioners will be accumulating all the information they can from him and other parties, and a decision can be reached by the first meeting in April. PAVING PRIORITIES FOR SECONDARY ROADS - This item refers to a note f'rom Mr. John T. Morrisey.aoncerning letter and rating sheet from Mr. Jack Murdock, Secondary Roads Officer, North Carolina State Highway Commission. Mr. Murdock requested Mr. Morrisey to have the various counties fill in the rating sheet with information on each section of unpaved State Maintained Road in their county. No action was taken on this. ~~E? MINUTES OF MEETING, MARCH 5, ~973 - 9:bo A.M. (CONTINUED) REQUEST::FOR ROAD IMPROVII"ZENNTS FROM SOUTH WILMINGTON~VOLUNTF.ER FIRE DEPARTMENT, INC. - Mr. Davis presented request from the South Wilmington Volunteer Fire Department for early paving of State Road 'I'186 which is the road to their fire department. Mr. D. R. Stanley Assistant Chief, was present and stated the condition of the road is very bad, almost im- possible to get in and out. This has always been a dirt road; the land for the fire de- partment was given the land for their fire house. Mrs. Wright moved, seconded by Mr. Hall, letter be submitted to the State Highway Commission along with the County Commissioners' heartiest endorsement. Motion carried unani- mously. ENLERGENCY G~iv~nATOR - Mr. Hall stated the Emergency Generator vrhich General Harriss was able to obtain at no cost other than installing it in the Court Yard for $250.00 needs to be fenced in for pro- tection. Estimate of cost of fence is $628.']5. Mr. Hall stated General Harriss is re- questing permission to go ahead and spend approximately $650.00 on this fence. Mr. Hall moved, seconded by Mr. Powell, Mr. Epling be asked to arrange for the fence to be erected post haste, funds to come from the General Emergency Fund. Mr. Vaughan asked Mr. Epling to get in touch with him early in the week to decide just where and how the fence is to be erected. Vote ~aas called on motion. Motion carried unanimously. ANNEXATION - Mr. Davis stated he wanted to make it clear the County cannot annex anyone, but he has a petition from residents of Wilmington and Hanby Beaches protesting being annexed into the City Limits of Carolina Beach, N. C. without having the rights to vote for or against such annexation. Mr. Davis felt the County could represent the people and ask that any city in the county wants to take be put in the form of a of the city and the area to be annexed. Nr. Davis stated he felt should be protected and they should have a voice in what the futu Davis is of the opinion for a~y city to annex without first being that are being annexed is stepping on their dignity. They should be heard and preferably through a vote. that any representation referendum to the people the rights of the citizens re holds for them. Mr. in contact with the people be given an opportunity to Mrs. Wright moved, seconded by Mr. Hall, that the Board write the legislators expressing its concern that people are not allowed to vote and the Board feels they should be (City and proposed annexed areas) to have a joint referendum. Motion carried unanimously. Mrs. Wright moved, seconded by Mr. Hall, that the Chairman be authorized to write the state legislators and advise them that in any annexation move within New Hanover County the Commissioners feel that all of the parties concerned, both the annexing party and the annexed parties, should have the right to vote in one combined general election. Motion carried unani- mously. REPORT ON PROPOSED BILL - REHABILITATION OF ALCOHOLICS - Mr. Hall stated he had discussed this with the Chairman of the ABC Board. This bill would remove the 5¢ which is being paid to the State Treasuser. to be used in the General Fund. It removes it from Raleigh and puts it back into New Hanover County for the purposes the Board of Commissioners wish to expend it on under the guidelines of the State Board of Mental Health. Mr. Hall felt it would be an improvement over what the County presently has. Mr. Hall moved, seconded by Mrs. Wright, the Board write the legislators that New Hanover County approves the proposed bill. Motion carried unanimously. NORTH CAROZINA ASSOCIATION OF REGISTER OF DEEDS PROPOSED RECOMMEENDATIONS TO THE GENERAL ASSEMBLY - Mrs. Lois I,eHay, He~ister of Deeds, was present £or discussion of the above item. Mrs. LeRay pointed out there had not been any increases in fees in the Register of Deeds Office for four years. Mrs, LeRay stated allowances had been made due to ar~y ad- justments that might take place in the committee when it gets before the legislature. Mrs. LeRay states she felt increase of certified copies of birth certificates Prom $'I.00 to $2.00 was too high and hoped it would be adjusted when it goes before the commit- tee. Mrs. LeRay stated she did not want anything to happen to destroy the uniform fees for North Carolina; she felt it was one of the greatest things that ever happened to the State. She stated if the fees do go too high, she felt the Counties would petition to have them exempted. Mrs. Wri~ht moved, seconded by Mr. Vaughan, fee for birth certificate rema¢i at $'I.00. Mr. Davis stated the office is now making a small profit and he realized next year the office might go in the red but in some cases the fees are being doubled which will affect more people than the Board is aware of. It vrill almost double the cost of dealing with a Register o£ Deeds. Nrs. LeRay stated when her office first went to a statewide fee schedule it took a cut while other counties were getting an increase. Nrs. I,eRay stated at Budget time she may request funds for the operation of her office that might offset the increases requested. Mr. Davis stated that last year the Register of Deeds took in $'I'1~0,000 and spent $'109,000 which means it has a profit. This fee change is from average of 50'/o'~to '100'~ increase in fees, and it means if the office goes like it did last year the Register of Deeds will have a surplus of ~80,000 unless salaries are doubled or the County gets fanc9 offices. Nr. Davis stated he could see a'10% or maybe a 25% increase, but doubling the fees is a lot. Vote was called on motion. Motion carried four to one. Mr. Davis voted "No". ~~7 MINUTES OF MEETING, MARCH 5, ~973 - 9:0o a.M. (CONTINUED) NORTH CAROLINA ASSOCIATION OF REGISTER OF DEEDS PROPOSED RECOPIMENDATIONS TO THE GENERAL ASSEMBLY (CONTINUED) - Mr. Davis moved, seconded by Mrs. Wri~ht that the Board write and request they limit their increases to a maximum of 25%. Mr. Powell stated the £ees will be uniform and it is obvious the department in our government is operating at a much more efficient rate than others perhaps in the state, and be did not feel that the balance of the State feels this is an unfair fee schedule for what is being provided and maybe the County has to make up for some other department that is not as efficient as this one. Mr. Powell stated if it is going to be used for the entire state he did not see why this County should not go along with it also. Vote was called on motion. Motion failed to carry. Messrs. Hall, Vaughan and Powell voted "No". REPORT FROM BOARD OF ~ECTIONS ON SPECIAL ELECTION ON CONSOLIDATION OF CITY AND COUNTY - Mr. Vaughan reported he was in receipt of return £rom the Board o£ Elections on results of special election held February 2'], '19'7'>, on question of whether the.City and County Govern- ments would consolidate. Total number o£ registered and oualified voters were 40,424, total number of voters who voted "FOR Consolidation of the 47ilmington and New Hanover County Govern- ments" was 4,040; total number of voters who voted "AGAINST Consolidation of the Wilmington and Neor Hanover County Governments" was '11,~22. ABC BOARD MEMBERS - Mr. Vaughan stated New Hanover County is the only County in the State that has three paid supervisors. Most other counties have a board that get perhaps $25 per month and a superintendent that runs, in Mr. Vaughan's opinion, a more business like operation. Mr. Vaughan felt the Board should request:the State I,egislators check into this. Mr. Vaughan felt these people are often appointed for political reasons. Mrs. 4lright stated when there was a vacancy a member of the Board of Education made an effort to get it changed; but the effort failed. Mrs. Wright stated she felt Mr. Vaughan's thinking is good. Mr. Hall differed; he pointed out the three members are working people, they do not sit around and do nothing because of a political payoff. The last two members who were elected to the Board have been taken from the ranks of the ABC workers, p'eople that have worked in the stores, there have been no political payoff. One of thensupervises the office work, an- other the stores, and the third one, the warehouse. There has never been the first hint of anything going wrong. When you have a good operation and one that is reasonably successful Mr. Hall stated he could not see any reasons for changing it. Mr. Hall felt you stand more chance of something going wrong with one man than with three on the Board. Mr. Vaughan stated he will submit the County Commissioners a memorandum before the next meeting. PAY FOR I,AW ENFORCEMENT OFFICERS - Mr. Vaughan called attention to item in the North Carolina Association o£ County Commis- sioners Legislative Bulletin stating there are identical bills setting minimum pay standards for law enforcement oYficers; this is across the State. By common consent it was agreed Mr. Vaughan write letter protesting this. PROCEEDS OF SALE OF PUBLIC SCHOOL PROPERTY - Mr. Vaughan stated another item in the bulletin points out bill which would direct pro- ceeds from sale of public school property to the County Commissioners for the General Fund. Mr. Hall stated inasmuch as the County Commissioners have to appropriate funds for property at times, it might be well for theCommissioners to have some discretion in the disposition of such pieces of property. Mr. Vaughan stated bill also provides if the schools leave property unused £or a period o£ five years, the Commissioners can take title and do what they wish with it. By common consent, Mr. Vaughan was requested to write letter to the legislators sasing the County Commissioners of New Hanover County are in favor of such legislation. INCREASE OF PaWER TO THE COUNCIL OF GOtir,tuei~EN! Mr. Vaughan stated Senator Stallings has of the Council of Governments which the North is concerned with. By common consent, it was that the New Hanover County Commissioners are being set up. CS - put in a bill which strongly increases poiaer Carolina Association o£ County Commissioners agreed Nr. Vaughan write the state legislators not in favor of any more Council of Governments APPOINTMENT OF ADMINISTRATOR OF MAPPING CONTRACT - rlr. Vaughan statea ne wa~s in receipt of correspondence from Cole-Zayer-Trumble Company requesting Mr. I,arry Powell be named Administrator of contract until the County gets a Covnty Manager. Mr. Vau~han stated he had appointed Mr. Powell and Mr. Epling was appointed. to assiSt Mr. Powell. EXECUTIVE MEETING OF COUNCIL OF GOVERNMENTS THURSDAY, MARCH '15TH - Nr. Vaughan reminded the Board members of ineeting of Cape Fear Council of Governments to be held on Thursday, March '15, '19'73, in the County Commission Building. MEDICAI, EXAMINERS' BILL - Mr. Vaughan discussed bill from Medical E~caminers after which it was decided. he would okay same for payment should he find it in order. REPORT FOR MONTH OF JANLTARY FROM BOARD OF HEALTH - Mr. Vaughan called attention to above report and Mr. Davis and Mrs. Wright stated they would like to have a copy. Mr. Vaughan requested Mrs. Wri~ht to call Mrs. Price and check on method of their reporting; monthly or yearly. REDEVELOPMENT COP'~P'IISSION OFFER OF SALE OF PROPER~ Mrs. Wright stated CP&L had been negotiating The County Commissioners Hrere not called in until it to the County. Mrs. Wright stated she did not a private group, it does not seem quite ethical. town Wilmington if this should happen. t - ~for this property for about seven months. middle of December when they tried to sell feel the Commissioners should compete with Mr. Powell felt CP&I, may move out of down- ~~;~ MINITTES OF MEETING, MARCH 5, ~973 - 9:0o a.M. (CONTIN(TED) REDEVELOPMENT COMMISSION OFF.ER OF SA7~E OF PROPERTY (CONTINUED) - Mr. Davis stated he feels the County is giving up the only alternative to ever have a governmental center; just letting it wash down the drain. Mr. Davis asked if he thought just because this is a governmental group it should go in and purchase it when CP&L have been negotiating for it first. Mr. -avis stated he felt the well being of 90,000 people should be put above well being of CP&L. Mr. Vaughan stated it would be a.long time before a decision can be made as to having the governmental center. Mr. -avis stated if the Board does not put it there, it will have to be put out of downtown area. P1r. Hall stated present si~e is as good as any and Mrs. Wright and Mr. Vaughan agreed. Mr. Powell stated it is his understanding that if the Board of Education is included in the government complex the County will be eligible for 80% of financing. Mr. Hall stated 80'~ of the Board of Education's part. Mr. Powell spoke in favor of placing the government complex building on proposed Southern site or a portion of it. This would give this area an economic shot in the arm and get away with skid row. Mr. Davis stated there is no way to raise the $2,000,000 for the Southern site but there is a way to raise $450,000 for the Plorthern site. Mr. Davis was of the opinion present site could be sold for more than they would pay for the Northern site. Mr. Davis is of the opinion present site is not large enough to build government complex including the jail and providing parking. STATIONERY - Mr. Davis moved, seconded by Mr. Powell, names of County Commissioners remain on station- ery for reason of security. Motion carried four to one. Mr. Vaughan voted "No". Mr. Powell suggested removin~ picture of building but others were in favor of keeping it there. ADJOURNMENT - Pleeting adjourned at 2:00 P.M. Respectfully submitted, Aazel Savage Clerk to the Board HS/wg MINUTES OF MEETING, MARCH '19, ~973 - 9~0o A.M. ASSEMBLY The regular semi-monthly meeting of the New Hanover County Commissioners was held on the above date and time in the Commission Building with the following present: Chairman, M. H. Vaughan; Commissioners Vivian S. Wright, J. M. Hall, Jr., Peter R. Davis, W. Douglas Powell; County Attorney, James C. Fox; and Lise King; Secretary. INVOCATION - Chairman Vaughan called the meeting to order and asked Mr. Powell to give tYie invo- cation. APPROVAL OF MINUTES: REGULAR ~iEETING. MARCH 5, '1973 - Mrs. Wright reguested the following correction: Page 'I'I, line 2, should read "police power" rather than "policy power." Page '13, above the third line aboue the words "Ambulance Franchise'.', "The people in the audience were asked if 5:3o would be convenient. The concensus was that it would be conven- ient." Mr. Hall moved, seconded by Mrs. Wright, minutes of rarch 5th be approved as corrected. Motion carried unanimously. APPOINTMENT OF CLERK TO THE BOARD - •~ Mr. Uaughan asked for a motion from the Board that Mrs. King be appointed acting Clerk to the Board. Mr. Fox stated that it would be best to appoint her as Clerk at this point as it is a position that could always be changed at a later date, but that she would be needed to be Clerk in connection with Cape Fear Bonds, etc.,..where whe would act, in effect, as the secre- tary of a corporation would act. Mr. Powell moved, seconded by Mrs. Wright, that this appointment be made. Motion carried unanimously. DISCUSSION OF PERSutvivr,L WITHIN TIiE COURTTY COMMISSIONERS' OFFICE - Mr. Vaughan stated that he had heard some question in the past as to whether or not the office was freely open to the press. He said that he has tried to talk to the press and ansoaer all their questions and, in so doing, has tried not to say anythin~ that would be presumptuous from the standpoint of the authority of the Board. He stated that it may seem that he is speaking for the Board when he doesn't intend to. Mr. Vaughan cited two articles in the Sunday paper that he thought the Board might take exception to. These were as follows: