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.
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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: