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1973-04-02 Regular Meeting~59 MINUTES OF MEETING, MARCH '19, ~973 - 9:0o n.M. (CONTINUED) ADJOURNMENT - The meeting was adjourned to meet in an Executine Session. Respectfully submitted, ~` ~ ~ ~, (Mrs.) Lise King Clerk to the Board LK/wg MINUTES OF MEETING, APRIL 2, ~973 - 9:00 A.M. ASSEMBLY - The New Iianover County Board of Commissioners met in regular session on Monday, April 2, ~973, at 9:00 A.M., in the Assemblq Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners, Peter R. Davis; J. M. Hall, Jr.; W. Douglas Powell; Vivian S. Wright; Chairman M. H. Vaughan; County Attorney, James C. Fox; and Clerk to the Board, Zise g. ging. Chairman Vaughan called the meeting to order. Commissioner Davis offered the invocation. APPAOVAI, OF MINUTES: REGU7~AR MEETING~ MARCH '19. '1973 - Commissioner Davis reguested that on page 18, first line under Discussion of Waterfront PropertY, "Mr. Charlie Rose" be changed to "the three state legislators." Commissioner Hall requested that on page 9, 5th paragraph under Removal o£ Listin~ Penaltv, the words "forginen pending" be inserted between "had been" and "getting" so that this para- ~ graph would read "Mr. Fox stated that this was correct and the penalty had been forgiven pend- ing getting an affidavit to the e££ect that a timely mailing had been made." Chairman Vaughan requested that on page 3, second paragraph under Reoort of Co1lec'tor of Revenue, the word "Man" be changed to "May" in the second line and the word "Mean" be changed to "Lien" in the third line. Chairman Vaughan re9nested that on page 5, after the quote Prom the minutes of February 6, the following be inserted -(Fhrther reference to this quote is containted in the minutes o£ March 5.) Commissioner Wright guestioned the inclusion of that statement as it was not men- tioned at the meeting on March '19th. Motion was made by Commissioner Powell, seconded b~ Commissioner Davis, that the minutes of March '19, ~973, be approved as corrected. Motion carried unanimously. APPOINTi~irr OF VICE-CHAIRP'!AN - Commissioner Powell seconded by Chairman Vaughan, nominated Commissioner Wright as Vice- Chairman of the Board o£ County Commissioners. Nomination carried unanimously. WILMINGTON PUBI,IC LIBRARY - TRANSFER OF FUNDS - Mr. Ross, County Auditor, presented a reguest £rom the library for $4,6'75 to furnish books and equipment for the van (purchased by funds from the City in the same amount) for extension of library service to the Wilmington Housing Authorit9 Centers. He stated that the funds ~aere available in Miscellaneous Income. gatherine Howell, Librarian, and L. J. Poisson, Vice-Chairman of the Library Board of Trustees, appeared on behalf of the Library. Commissioner Wright, seconded by Commissioner Hall, moved the motion that this trans£er be made. Motion carried unanimously. Ex~rr.ivSION DEPARTMENT - TRANSFER OF FUNDS - Mr. Durwood Baggett, County Extension Agent, presented a request for a loan £rom the County of $2,316.']3 for a Special 4-H Summer Program. He stated that this would be paid back in September from federal £unds through an agreement signed with N. C. State University. Mr. Ross, County Auditor, explained that appro~dmately $500 would come £rom the '1972- '73 budget available in the U.S.O. appropriation and that the remainder of the money would be worked into the '1973-74 Budget. Chairman Vaughan stated that this intrusion into urban activities is a splendid example of the extending oP bureaucracy when its initial responsibilities diminished. Commissioner Hall stated that with respect to the £arming aspect o£ the 4-H Clubs it is ~ust as important and essential for homeowners to be able to receive service as for some- one making a living at farming. He stated further that the work done with the 4-H boys is work that is not done by any other agency. Commissioner Powell moved, seconded by Commissioner Davis, that this advance be made. Upon vote, this motion was approved as follows: Voting Aye: Commissioners Davis, Hall, Powell and Wright. Voting Nay: Chairman Vaughan NEW HANOVER COUNTY SCHOOI,S - TRANSFER OF r~uivLS - Mr. Ross, County Auditor, presented a request from Dr. Heyward C. Bellamy, Superinten- dent, for an appropriation o£ ~2,000 to purchase supplies and additional programming of bookkeeping machines in preparation for the encumbrance accounting system. He stated that these funds m~ere available from unanticipated tax revenue. - 1 ~6~ ~ NLCNUTES OF MEETING, APRIL 2, ~973 - 9:0o A.M. (CONTINUED) NEW AANOVER COUNTY SCHOOLS - TRANSFER OF FUNDS (CONT~vu~D) - ~ Commissioner Davis moved, seconded by Commissioner Hall, that this transfer be made. Motion carried unanimously. AIRPORT FIREMEN - TRANSFER OF FUNDS - Mr. Ross, County Auditor, presented a reguest from Mr. John A. Westbrook, Airport Manager, for an appropriation of $3,000 to pay salaries of part-time firemen needed during the months of May and June, '1973. He stated that this money was available from the FAA Grant paid this year. Commissioner Powell, seconded by Commissioner Hall, moved that this transfer be made. Motion carried unanimously. ~ HM•IrrAI~ ON FORECLOSED PROrr,nrx - Mr. Ross, County Auditor, requested the Board to change their decision of March '19th on this. He stated that in the past this had been placed with a rental agent, Moore- Fonvielle Realty; and he requested permission to'continue with the procedure that had already been set up. Chairman Vaughan moved, seconded by Commissioner Davis, that this reguest be granted. Motion carried unanimouslg. BID ON COUPTTY TRUCg - Mr. Ross, Countg Auditor, presented a bid on a dump truck for $'125 from a Mr. Charles Shepard. He stated that the truck was of no value to the County and that the County Engi- neer had recommended acceptance of this bid. Commissioner Davis stated that he felt that anything sold should be advertised and made available to all the residents o£ the County. , Chairman Vaughan moved, seconded by Commissioner'Hall, that this bid be accepted un- less it was discovered that Mr. Shepard is related to a county employee. Upon vote, this motion was approved as follows: Voting Aye: Commissioners Aall, Powell, Wright and Chairman Vaughan Voting Nay: Commissioner Davis vrnirING BANB ACCOUNT FOR PROCEEDS FROM SAI~E OF CAPE FEAR TECH NO.TES - Mr. Ross, County Auditor, presented for acceptance a resolution for opening and maintaining checking account for Cape Fear Technical Institute Construction Fund. He recommended that resolution be adopted, stating that it is customary to place the money on deposit with whatever bank bbught the notes and that, in this case, NCNB had been the winning bidder. ~ Upon motion by Commissioner Powell, seconded by Commissioner Hall, the following resolution was unanimously accepted: "~. RESOLVED, that North Carolina National Bank, Wilmington, N. C., is hereby designated as a depository of this Corporation and that a checking account be opened and maintained in the name of this Corporation with said Bank; that any two of the following o££icers or employees of this Corpor- ation: M. H. Vaughan, Chairman to the Board a~, P. Ross , Auditor is/are hereby authorized, on behalf of this corporation, and in its name; to sign checks, drafts, notes, bills of exchange, acceptances, or other orders for the payment of money from said accourit; to endorse checks, notes, bills, certificates of deposit, or other instruments, owned or held by this Corporation, for deposit in said account, or for collection or discount by said Bank; to accept drafts, acceptances, and other instruments; payable at said Bank; to waive presentment, demand, protest, and notice o£ protest, or dishonor of any check, note, bill, draft, or other instrument made, drawn, or endorsed by this Corporation; and, "2. FURTHER RESOI,VED, that North Carolina National Bank be and it hereby is authorized to honor, receive, certify, or pay all instruments signed in accordance with the foregoing resolution even though drawn or endorsed to the order of any officer or employee signin~ the same or tendered by him for cashing or in payment of the individual obligation of such officer or employee, or for deposit to his personal account, and said Bank shall not be required or be under any obligation to inquire as to the circumstances of the issuance or use of any instrument signed in accordance with the fore- going resolution, or the application or disposition of such instrument or the proceeds, thereo£; and, "3. FURTHER RESOLVED, that the Secretary or Assistant Secretary of this Corporation shall certify to said Bank the names of therpersons who are at present authorized to act on behalf of this Corporation under the foregoing resolutions and shall from time to time hereafter as changes in the personnel of said officers and employees are made, immediately certify such changes to said Bank, and said Bank shall be £ully protected in relying on such certi- fications of the Secretary or Assistant Secretary and shall be indemni£ied and saved harmless from any claims, demands, e~cpenses, loss, or damage re- sulting from, or growing out of, honoring the signature of any of£icer or employee so certified, or refusing to honor any signature not so certified; and, ' ~~~. NINUTES OF MEETING~ APRII, 2, ~973 - 9~0o n.M. (CONTINiTED) OPENING BANK ACCOUNT FOR PROCEEDS FROM SAI,E OF CAPE FEAR TECH NOTES (CONTINUED),:- '~ "4. FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice o£ their amendment or recission shall have been received by said Bank, and that receipt of such notioe shall not affect any action taken by said Bank prior thereto; and, "5. FURTHER RESOLVED, that all transactions by any of the officers or employees of this Corporation on its behalf, and in its name, with North Carolina National Bank prior to the delivery to said Bank of a certified copy of the foregoing resolutions are, in all respects, hereby ratified, confirmed, approved and adopted; and, "6. FURTHER RESOLVED, ~hat the Secretary or Assistant Secretary be, and he hereby is, authorized and.directed to certify these re.solut.ions to North Carolina National Bank and that the provisions thereof are in conformity with the Charter and By-I,aws of this Corporation. PUBLIC HEARING: REZONING APPLICATIONS FOR SPECIAI, USE PERI~T PROPOSED AP~~vlirt~NT TO ZONING ORDINANCE - Chairman Vaughan declared the Public Hearing open for discussion on rezoning requests, applications for special use permit, and proposed amendment to zoning ordinance. By common consent, it was agreed to study the item of most concern to the public first; therefore, Mr. Neil Mallory, Plannin~ Director, presented the following application for Special Use Permit: Special Use Permit 2: Application for Special Use Permit to use property on the west side of U. S. Hwy. 42'I North at end.of S. R. '134~ for a Sanitary I,andfill in an I-2 (Industrial District) in Zoning Area #~. Mr. Mallory-stated the Planning Commission recommended that this Special Use Permit be issued subject toi:the map submitted with the application. Chairman Vau~han asked for statements of opposition to this Special Use Permit. Mr. Daniel E. Malpass, Sr., of Flemington stated he had evidence to the contrary that this property is in an I-2 area. .Mr. Mallory presented the zoning map and stated that the map indicated that this area, which is to the west side of the Seaboard Coastline tracks, was zoned I-2. He stated there is an R-'15 zone in the vicinit5 on the east side of the Seaboard Coastline tracks. Chairman Vaughan said that Mr. Malpass wanted it stated that the notice of the hearing that was displayed at the Flemington area stated that it be rezoned from R-'15 to B-2. Mr. Mallory stated that this notice had been in error because the area is designated I-2 and it was designated as I-2 in the notice in the paper. Mr. Malpass presented the following excerpt from the Minute Book, page '150, June '19, ~972~ "Mr. Malpass requested clarification on the property at Flemington. Mr. Harriss stated property that would come within the County's con- trol now was extended as an R-'15 Zone which is what the other part was." Mr. Mallory explained this excerpt as follows: "In June, I do not recall the exact date in June, it could be the '19th, there was a Public Hearing by the County Commissioners to zone ~ the property that had been within the one-mile jurisdiction of the City of Wilmington, to chan~e that from a city zoning to a county zoning. This went into effect July 'Ist of '19~2. At that Public Hearing, the people of Flemington, so I remember, did request that the property that was developed residential be designated R-15. This map so reflects this, that the residential area that is beyond the one-mile jurisdiction of the area that the City did own was zoned R-'15. The piece of property in question this morning is not within,this R-'15 area; it is to the west side of the Seaboard Coastline Railroad tracks, and the County Commissioners had already de- signated that as I-2 before the June '19th." Mr. Walter Yates of Flemington stated that he had lived on the property adjoining the area in question for 32 years. Mr. H. D. Hales of Flemington stated that he lives approximately 300 feet from the boundary of the proposed land£ill. He also stated that the community is in the lowest spot in that area and that this would drain into the river polluting it. Mr. W. N. Jordan of Flemington stated that from past experience as a police officer patrolling the landfill on the north side of town that there had been thousands of rats. Chairman Vaughan asked Mr. Jordan how lon~ ago this had been, and he replied that he had retired about six or seven years ago. Chairman Vaughan also asked Mr. Jordan if this dump had been covered every night, and he replied that it had been. Mr. Jordan also stated that the soil in Flemington is very sandy and that there vrould be nothing to keep the waste from seeping down and getting in the water veins and ruining all the water in Flemington. Mr. James E. Fales of Flemington stated that all the residents of Flemington have small children and that they wouldn't want to see the rats and insects that the landfill would brir~ on their children. ~~~ \ MINUTES OF MEETING, APRIL 2, ~973 - 9~0o a.M. (CONTINUED) PUBI,IC HEARING: REZONING ' APPLICATIONS FOR SPECIAI, USE PERMIT PROPOSED AMEIQDMEDTT TO ZONING ORDINANCE (CONTIN[JED) - Mr. Jim Perry of Was~ Industries stated that the Health Department had put out rat boxes at the Carolina Beach facility, that they had not caught any rats and had, subsequently, removed the boxes. In regard to the previous landfill operated by the City, he stated that he did know .that this landfill was'still being covered and that there had been a problem of shortage of covering material. Mr. H. D. Ha1es of Flemington stated that he had seen rats at the Carolina Beach facility. Mr. David W. Jordan of Flemington stated that he was concerned because of the diseases that rats carry. Mr. Daniel E. Malpass, Sr., of Flemington stated that he had talked to the U. S. Corps of Engineers and the Coast Guard Commander and had been told that it was illegal to put trash between the rivers because of the potential pollution hazard to rivers and streams. Mr. Dumay A. Gorham, Jr., Attorney at Law, appeared as counselor for Waste Industries, Inc. He stated that, working within the built-in limitations placed on them, Waste Industries had chosen the site in question. He stated that tentative approval had been made by the State Board of Health. He~~stressed the importance that this would not be a free-lance operation in that Waste Industries, by virtue of their contract, must answer to the County as well as the State Board of Health with its continuing inspection oY the site. Chairman Vaughan asked if any governmental authorities had discussed the possibility of waste seepage damaging the local o,rater supply. Mr. Jim Perry, Waste Industries, stated that they would submit to the Btate Board of Health a detailed outline of the site and that they, in turn, ~vould outline the data sub- mitted by Waste Industries and make inspections themselves. He said that the ultimate de- cision as to the site's use would rest with the State Board of Health. Mr.~W. H. Cranford, New Hanover County's Director of Environmental Health under the State Board of Health, appeared at the ~ quest of Chairman Vaughan. He stated that there had been no rodent problem at the Carolina Beach landfill site and that the rodext problem at the Smith Creek site had been due to inadequate coverage. Mr. Daniel E. Malpass, Sr., of Flemington stated that this landfill would devalue their property and the enjoyment of their property, which he stated is against state law. He stated further that this would bring a great deal of traffic in their residential area. Mr. Dale Watts of Flemington presented an airport zoning map and said that to him it showed the flight pattern coming to within 400-500 yards of the ar.ea. Mr. Mallory stated that the area in question was outside the conical zone at an altitude of approximately 425 feet. Mr. Lonnie Poole, President of 4laste Industries, stated that there are proper checks and balances in our system to prevent Waste Industries £rom putting anything in that would destroy the quality of the Flemington community's water, etc. He stated that Waste In- dustries is reluctant to go in and do a lot of extensive engineering and design for the State Board of Health's approval not knowing whether or not the Special Use Permit would be approved. Commissioner Hall moved, seconded by Chairman Vaughan, that this application for Special Use Permit be approved subject to ('I) the maps submitted with the application; and, (2) the approval of the site by the State Board of Health and their review of ground water characteristics. Motion carried unanimously. Commissioner Hall stated that he felt the Commis.sioners would be personally respon- sible to see that no rodent problem arises which does not already exist. He also stated that the Commissioners would do everything they could to get the marl road paved. Mrs. Daniel E. Malpass, Sr., a school bus driver, commented on the hazard to the children the traffic would make. Commissioner:~Davis stated that the Board and Waste Industries would continue to search £or a site that the County could buy and, at that time, the landfill would be moved to that site. After a short recess, the meeting reconvened. ~` Mr. Neil Mallory, Plannir~ Director, presented the following requests: Rezoning 'I: Property at northwest corner of the intersection of N. C. Hwy. '132 (North College Road) and Gordon Road from R-'15 (Single Family District) to B-'I (Business District) in Zoning Area {/8B. Mr. Mallor9 stated that this was an extension of an existing B-'I zone and that the Planning Commission did recommend that this area be rezoned. There was no opposition to the rezoning request. Commissioner Davis moved, seconded by Commissioner Hall, that the rezonin~ request be approved. Motion carried unanimously. (Ordinance rezoning this property is contazned in Zoning Ordinance Book I, Section 8B, Page 2.) ~~P3 MIN[TTES OF MEETING, APRIL 2, 't973 - 9~0o n.M. (CONTINUED) PUBLIC IiEARING: REZONING APPLICATIOPIS FOR SPECIAI, USE PERMIT PROPOSED AMENDMENT TO ZONING ORDINANCE (CONTINUED) - Rezoning 2: Property on the east side of Carolina Beach Road (U. S. Hwy. 42'I) approximately 600 feet south of the intersection of Silver Lake Roa<i and Carolina Beach Road from R-'15 (Sin~le Family District) to B-2 (Business District) in Zoning area ~/4. Mr. Mallory stated that the Planning Commission recommended that this request be approved. Mr. Ed Smith o£ Wade Realty and Mr. Bumby, the petitioner, appeared before the Board. Mr. Smith stated that Mr. Bumby would like to have this rezoned so he could continue to use it for his electrical business. Mr. Mallorg stated that the Planning Department had not recommended approval of this re- quest because they saw it as the beginning of stripping business zoning up and down Hwy. 42'I and thus reducing the ability of the roads to move the traffic that they were built £or. Commissioner3Davis moved, seconded by Commissioner Hall, that rezoning request be approved as recommended by the Planning Commission. Upon vote, this motion. was approved as follows: Voting Aye: Commissioners Davis, Hall, Powell and Wright Voting Nay: Chairman Vaughan (Ordinance rezoning this property is contained in Zoning Ordinance Book I, Seetion 4, Page 8.) Rezoning 3: Property on the south side of Gordon Road approximately '125 feet east of the intersection of Gordon Road and Castle Hayne Road from R-'15 (Single Family District) to B-2 (Business District) in Zonin~ Area f{9A. Mr. Mallox,y stated that the Planning Commission had recommended that this request be approved. Mr. Herbert Hales, Security Shift Supervisor of Timme Corporation, spoke in favor of this request. There was no opposition to this rezoning request. Commissioner Powell moved, seconded by Motion Carried unanimousl9.(Ordinance rezoning Sectian 9A, Page 3.) Rezoning 4: Property at the southeast and Gordon Road from R-'15 R-'10 (Single Family Distr Commissioner Hall, rezoning request be approved. this property is contained in Zoning Ordinance Book I, corner of North Kerr Avenue (Single Family District) to Lct) in Zoning Area ~#SB. Mr. Nallory stated that the Planning Commission recommended approval of this request. There was no opposition to this request. Chairman Vaughan moved, seconded by Commissioner Powell, that this rezoning request be approved. Motion carried unanimously. (Ordinance rezoning this property is contained in Zoning Ordinance Book I, Section 8B, Page 3.) Special Use Permit 'I: Application for Special Use Permit to use Lots 2 and 3, Block 4, Section C of Silver Lake Subdivision for a duplex in a R-'t5 (Single Family District) in Zoning Area #4. Mr, Mallory stated that the Planning Commission recommended that this Special Use Permit be approved subject to the plans that were submitted with the application. There was no opposition to this application. Commissioner Wright moved, seconded by Commissioner Davis, that this Special Use Permit be approved subject to the plans that were submitted with the application. Motion carried unanimously. Special Use Permit 3: Application for Special Use Permit to use property at the northeast corner o£ the intersection of Allen's Lane (S. R. '14'13) and Military Cutoff Road for a line and service headquarters in a R-'15 (Single Family District) in Zoning Area #2. • ' Mr. Mallory stated that the Planning Commission recommended approval of this application subject to the following being adhered to: 'I. Plans submitted with the application for Special Use Permit; 2. That the trees on the east side of the property not be topped lower than 50 feet from the ground; and, 3. That the undergrowth in all proposed screened areas not be cut. Commissioner Hall moved, seconded by Commissioner Wright, that this Special Use Permit be approved subject to the stipulation placed by the Planning Commission. Motion carried unanimously. Proposed Amendment to New Hanover County Zonin~ Ordinance: 'I. Amend Article VI, Section 62, to read as follows: 36~ MINUTES OF MEETING, APRIL 2, ~973 - 9:00 A.M. (CONTINUED) PUBLIC HEARING: REZONING APPLICATIONS FOR SPECIAL USE PROPOSED Al`~ivLrIENT TO ZONING Section 62 AccessorY Buildin~ No accessory building shall be erec as provided in Article II, Section 23-42 building shall be erected within five (5 PERMIT ORDINANCE (CONTINUED) - ted in any required yard except and no separate accessory j feet of any other building. Mr. Mallory stated that the change in this zoning ordinance would be the addition of the words "except as provided in Article II, Section 23-42" because a few months ago, the ordinance that did allow accessory buildings in the side and the rear-yard had been amended. He stated that without this change, there was a conflict in the ordinance. Commissioner Wright moved, seconded by Commissioner Hall, that this change be made. Motion carried unanimously. SUBDIVISION PLATS - MILLBROOK SUBDIVISION, SECTION 4, AND Mr. Jimmie Hearn, ~taff Planner, plat for the Board's approval stating Review Committee. He stated that the letter of credit for improvements in RIVER OAKS SUBDIVISION~ SECTION 'I - presented the Millbrook Subdivision, Section 4, that this had been recommended by the Subdivision Planning Commission had received an irrevocable the subdivision. Mr. Hearn also presented the River Oaks Subdivision, Section 'I, plat for approval by the Board. He stated the improvements had all been installed except paving and monumentation and that there was also an irrevocable letter of credit posted for this subdivision. Commissioner Hall moved, seconded by Commissioner Powell, that these plats be approved and the Chairman be authorized to sign them. Motion carried unanimously. Chairman Vau~han signed the plats. AMBULANCE FRANCHISE - The following representatives from the Emergency Medical Services Program of the State Board of Health were present at this meeting: Mr. Arthur K, I,amson, Coordinator; Mr. Benjamin S. Shepard, Assistant Coordinator; and Mr. John McClosky, Area Representative. In response to Mr. I,amson's request for background information, Chairman Vaughan ex- plained that New Hanover County has two private ambulance companies and one rescue squad and that the private companies want an exclusive franchise. Mr. Lamson stated that, if the County did decide to franchise, all three providers would have to have an opportunity to have a part of that franchise. Ae stated that he' was aware of a problem in the County because he stated that he gets more complaints (speeding, monitoring calls, etc.) from New Hanover than any other County. When asked if these complaints came from the ambulance services themselves, he stated that some had come from law enforcement people and private citizens. Commissioner Hall questioned whether or not this type business generates enough: revenue to justify it, and Mr. Zamsom stated that operating an ambulance service is a costly proposition, and where the County Commissioners have pretty heavily subsidized a commercial operation, it has seemed to work. Mr. Lamson stated that the County Commissioners have the authority to give an ex- clusive franchise but are not reguired to do so. Mr. I,amson stated that the solution to the problem of having three companies in the same county would be a central dispatch. He stated that in some counties this is worked out by dispatching the company closest to the need. Mr. I,amson stated that he thought each county has to decide for itself its needs and the best way to handle these needs. He said that he feels this takes a commitment Yrom hospital people, medical people, County Commissioners, providers of the service, law enforcement people, etc., to decide on a method that all would be willing to make work. He stated that this seems to determine whether or not ambulance service does work. Mrs. 0. B. Zewis questioned dividing the county into three zones because one zone would be furnished free service while the other two would have to pay. Mr. Zamson agreed that this would be a serious problem. Commissioner Davis stated that the person who wants the service should have the right to get the service from whom they want to get it from. Mr. I,amson stated that then the County has the right to assure that this service is a good service. He stated that state rules and regulations are minimum. He recommended an Emergency Medical Services Council, made up from the various groups he mentioned be- fore, that could be constantly asking questions. It was determined that the County now subsidizes Ogden Rescue Squad in the amount o£ $500 per.month for non-ambulance services such as dragging the river. Mr. Lamson stated that the trend is toward a government-operated service and that the average return from billing is about '70-80'~ but that the fee charged (~25-$30) is not usually high enough to cover but around 30% of the operating cost. He said that the actual costs of operating a vehicle with two attendants on a 24-hour basis, seven da9s a week, runs around $60,000 per year per vehicle. He made an educated guess that New Hanover County could be serviced by five vehicles. Chairman Vaughan thanked the gentlemen for coming to the meeting, saying that the Board may be calling on them a~ain in the future. , Nr. Lamson was given a copy of the New Hanover County Ambulance Study and said he would send his comments on this to Chairman Vaughan. ~~~ MIN[TTES OF MEETING, APRIL 2~ ~973 - 9~00 A.M. (CONTINUED) PRESEI4TA~!ION,;BYsiB014RD.:OF;TRUBTEES - NEW HANOVER MEMORIAL HOSPITAL - Mr. I,awrence C. Hose, Chairman of the Board of Trustees, spoke to the Board regarding the Hospital's now operating at full capacity. He stated that the Hospital had been planning for a major expansion and had come before the Board so that the Commissioners might begin to consider the provision of capital funds necessary for the Hospital to continue to meet the growing patient care demands. Mr. W. F. Morrison, Director of the Hospital, presented statistical facts illustrating the demands upon the Hospital. Mr. Charles Boney, Architect, outlined the expansion project of the Hospital and distri- buted copies of this project to the Commissioners showing outline of facilities, the cost es- timate and schedule of production £or the work. Mr. Rose stated that he had been authorized on March 2'], ~9~3, to appear before the Board of Commissioners and make this presentation to request them to set up a bond election for the estimated $9,260,000 so that the citizens could decide whether or not these bonds should be issued and made available by March '15, '19~4. When questioned by Commissioner Hall, Mr. rorrison stated that in the last couple of months, there had been at least 8 or '10 days when they had to cancel anywhere f~om one to twenty-five admissions to the hospital and reschedule them because o£ having to meet the emer- gency demand Yirst. Mr. Boney stated that if they are authorized to get underway, planning funds would be needed by September of ~973- Chairman Vaughan asked if the Hospital could take care of the planning money until November. Commissioner Hall requested that some way be worked out to give the Hospital the financial help they would need in order to get their plans in order and to let them keep what money they had for operational expenses if the bond issue ~oes through. Chairman Vaughan pointed out that with the Cape Fear Tech bond issue, the schools and the hospital, that this would be an increase of 36% in needed tax funds. By common consent, it was agreed that the Commissioners would deliberate on the request and make a decision at the April '16th meeting. REMOVAL OF GRAVES - Franklin N. Jackson, Attorney at Law, presented the following resolution for the Board's approval: "RESOLVED, that Eddie Lewis Construction Company, a corporation, is hereby granted the authority to disinter the graves of John J. Wells and William H. Wallace from their present location on the property of Eddie Zewis Construction Company and to reinter said graves within the confines of the old Piner cemetery, also located on the property of Eddie Lewis Construction Company, all as provided in Chapter 65, Section '13, General Statutes of North Carolina. Said disinterment and reinterment shall be made under the supervision and direction of the New Hanover County Department of Health, said disinterment and reinterment to be done in a proper and decent manner, with due care taken to remove, protect and replace all tombstones or other markers, so as to leave such tombstones or other markers in as good condition as that prior to disinterment." After determinin$ that there was no legal or other objection to this resolution and that this had been advertised in the paper, Commissioner Powell moved, seconded by Commissioner Hall, that this resolution be adopted. Motion carried unanimously. WILMINGTON- NEW HANOVER SERVICES FOR THE AGING - Mrs. Dolly Asbury, llirector, appeared before the Commissioners requesting $35,000 from the County (the same amount having been requested from the City) for a multi-purpose center to house administrative offices, offices for Retired Senior Volunteer Program, a health clinic, day-care facilities for the aging and recreational facilities. Commissioners Hall and Powell questioned what the acquisition of this facility would do to the long-range budget o£ this group. Chairman Vaughan recommended that this be brought up when the City Council and County Commissioners discuss joint funding. Mr. Ed Sneed, Chairman Elect of the Board of Directors, urged the Commissioners to give this request serious consideration. No action was taken by the Board. DEMOLITION OF JAMES WALKER HOSPITAI~ - Mr. Alton Lennon, Jr., Attorney at Zaw, appeared before the Commissioners with his client, Mr. Leroy Hooks. Mr. Lennon stated that Mr. Hooks was ready to proceed with the hospital job and had stated that he would be able to complete the job within 60 days. Chairman Vaughan stated that, at the March '19, ~973 meeting, the Board had authorized a committee to award the job to the lowest bidder from the bids received in February and that it was his understanding that the low bidder, Mr. William W. Rike, Jr., had accepted this job pending appropriation of funds by the Board of Commissioners. ~~~~ MINtTTES OF MEETING, APRIL 2, ~973 - 9:0o a.M. (CONTINUED) DEMOLITION OF JAMES WAI,KER HOSPITAI, (CONTINUED) -' Mr. I,eroy Hooks made the following statement to the Commissioners. He stated that this job had originally been set up as two contracts of $9,999.50 each but that he had felt this was too much money and so he had come back to the Commissioners and cut this down to one contract and had told them to give the other money to the hospital. He stated that a personal tragedy had taken him off the job and that he had written a letter asking for an extension but was told by Mr. Epling, County Engineer, that he could not have one. He stated that he had met with Commissioner Hall and Chairman Vaughan and had told them he'd be on the job within ten days but, during that time, he had two snows and could not caork. He stated that the downtown fire occured then and, with the Azalea Festival coming up, he felt that that job was more important. He stated that there was no one else in Wilmington to do the job. He said, "If it's given to an,y- body else, you shouldn't give them over $7,000 -$8,000, to finish the job. There's something going wrong gentlemen. 1'm getting too much myself. I'm making a big profit." Mr. Fox, County Attorney, stated that, as far as he was aware, there was only one contract between the Countg and Mr. Hooks and that was the contract signed by Mr. Hooks and accepted by Mr. Bowden as County Manager and reduced to writing. Commissioner Davis moved that the Board reconsider Mr: Hooks, that he be given the opportunity to finish the job, ~hat some form of Performance Bond or cash be put up, • which he would forfeit in the event that he did not work on the job on a continuous basis, weather permitting, and that he would operate on this at least five days a week until the job was completed to the County Engineer's satis£action. Motion died for lack of a second. Commissioner Powell stated that, in the interest of the voters and the welfare of the citizens o£ the County, the Board was not in a position to move on the job without some . concrete assurance thatthis position would be completed in a timely manner and thatthis had been the decision of the Board. Mr. Hooks stated that he would not produce a$25,000 Performance Bond for a$'10,000 job. Chairman Vaughan stated that he felt the County had an obligation to the bidder, Mr. Rike, as much as to ax~ybody else. Commissioner Davis asked the amount of the contract with Mr. Rike, and Mr. Epling, County Engineer, replied that it was $23,260. When asked by Commissioner Powell about Mr. Hooks' request for an extension, Mr. Epling replied that he had indicated to Mr. Hooks by letter and in person that he had no authority to act upon an extension, that this would have to be approved by the Board, and that this would have to be considered after the job was completed (whether or not to charge him a penalty.) Mr. Epling stated that Mr. Hooks had effectively removed all the economically salvageable material, that the physical removal o£ total property was probably on the order of 25% re- moval but, from a contract administration standpoint as evidenced by four bidders, there was more money's worth of work to do than Mr. Hooks had contracted for. Commissioner Davis stated that if Mr. Hooks couldn't do it for the amount left in the bid and make money, why would he go back on the job. Nr. Hooks stated that he was making money by going back. Mr. Zennon asked the Board if they could give Mr. Hooks a probationary period of two weeks to give him a chance to show his good faith and to let Mr. Epling decide if the rate of completion looks like he would be able to complete the job on time. Commissioner Davis suggested tabling Mr. Rike's contract and keeping it tabled as long as Mr. Hooks operated on a daily basis. Chairman Vaughan moved, seconded by Commissioner Hall, that Mr. Rike be awarded the contract and that funds be appropriated from the unanticipated revenue in fees for collect- ing taxes for the City of Wilmington. Commissioner Davis moved, the substitute motion that, if the jobs were not continued with Mr. Hooks, it be put up for bids to give some local people the opportunity to bid on it. Motion died £or lack of a second. Upon voted, Chairman Vaughan's motion carried as follows: Voting Aye: Commissioners Hall, Powell, and Wright and Chairntan Vaughan Voting Nay: Commissioner Davis CONTRACT TO AUDIT TAX ACCOUNTS - Mr. Larry Yowell, Tax Administrator, presented a contract with Beale & Hardison, CPA's, to audit the tax accounts. Commissioner Hall moved, seconded by Chairman Vaughan, that this contract be approved. Motion carried unanimously. After a brief recess, the meeting reconvened. REI,IEF OF TAXES - HOUSING AUTHORITY - Mr. James C, r'ox, County Attorney, stated that in the case of the Mattie Woods' pro- perty that these taxes could be abated under G.S. ~05-325 for the three-year period of ~97~-~973- Chairman Vaughan moved, seconded by Commissioner Davis, that this abatement be made. Motion carried unanimously. ~~~ MINtTTES OF MEETING, APRIL 2, ~9~3 - 9:0o n.M. (CONTINUED) RELIEF OF TA3~S - HOUSING AUTHORITY (CONTINUED) - On the other three cases that General R. S. McClelland had presented to the Board on March ~9th (Adrian Henry, Jr.; Lubreta M. Gregory; and Katherine E. Moore), Mr. Fox stated that these taxes could not be abated and interest on all must be paid. DEVEIAPER'S CONSIDERATION - Chairman Vaughan referred to Mr. Larry Powell's March 23rd memo to the Commissioners re- garding 'I'15 parcels of land in the County not clear as far as their discount. Chairman Vaughan stated that he had authorized Mr. Powell to handle this problem in time for the Board of Eoualization and Review and asked the Board's approval of this action. Commissioner Powell moved, seconded by Commissioner Hall, that this action be approved. Notion carried unanimously. rr. Powell stated that the 'I'15 parcels had been reviewed and of the 'I'15 advised of the removal of the developer's consideration, only one, a Mrs. Orrell, had complained. He stated that she had been alvised that this would be presented to tl~ Board of Equalization and Review. ABATEP~ENT OF TA7~S FOR OVER •rnxrs. YEARS - 1°ir. Larry Yowell, Tax Administrator, asked if the Board could issue an abatement on a double listing over three years old. Mr. Fox, County Attorney, stated that he felt this could be done under G.S. ~05-325- Commissioner Hall, seconded by Commissioner Powell, moved that this type abatement be approved.' Motion carried unanimously. SOIL CONSERVATION SERVICE - TRANSFER OF FUNDS - Chairman Vaughan presented a memo from the County Engineer requesting the appropriation of ±$200 to install new doors and provide floor coverir~ in the space at the Agricultural Extension Building~~.offered to the Soil Conservation Service by the County Manager. Commissioner Hall moved, seconded by Commissioner Wright, that an amount not to exceed $250 be appropriated from the general emergency fund for this purpose. Motion carried unanimously. ABANDOMENT OF PORTION OF STATE ROAD 1534 IN MASONBORO STATE PARK - Commissioner Hall moved, seconded by Commissioner Powell, that the Chairman be authorized to advise the Highway Commission that the Board approved the abandoment of a portion of State Road '1534 pending receiving a letter si~ned by all residents north of the point of blockage stating that they do not object. Motion carried unanimously. SOUTf~ASTERN NORTH CAROLINA ARTS COUNCII, Chairman Vaughan presented a letter from the Southeastern North Carolina Arts Council re- questing that they be allowed to appear before the Board at Budget Time. By common consent, it vaas agreed that a letter be written them expressing the County's appreciation for their interest but that New Hanover County has its own Lower Cape Fear Council of Arts. PROPOSED BOATING ACCESS AREA ON INTRA-COASTAL WATERWAY WEST OF WRIGHTSVIZLE BEACH, N. C. - Commissioner Powell stated that he felt this would cause a traffic hazard. Commissioner Davis stated that he did not like the idea of putting it there but that it was about the only place the average person would be allowed to put a boat in. Chairman Vaughan moved the motion that the Wildlife Resources Commission be advised that the Board appreciates their interest in a boat ramp, that they are not rejecting this entire- ly, but that the Board does not think it's a good place to put it, and in view of the fact that the Wildlife Resources Commission has the responsibility of establishing such access in other places throughout the State, the Board would like for them to find a satisfactory point within the County that would not involve tra£fic congestion and present this to the Board. Motion died for lack of a second. Commissioner Davis moved, seconded by Commissioner Wright, that the~Chairman be authorized to write the Wildlife Resources Commission requesting that one of their members come by and explain the project to the Board, and at that time, the Board would make a decision whether or not to go ahead with the project or table it. Motion carried unanimously. vr~,iv LETTER "OPERATION AWARENESS" - MARY 0. THOMPSON - By common consent, it was agreed to postpone this item until Mrs. Thompson gets back in touch with the Commissioners. STREET PETITIONS - Upon motion of Commissioner Hall, seconded by Commissioner Powell, the following street petitions were unanimously approved by the Board. 'I.) Northbrook Drive 2.) Westbrook Drive and Springdale Drive to Elliott Drive 3.) I,ansdowne Estates, Section D 4.) Ilex Drive, Sunny Court, Berry Drive, Sandy Court and a portion of Horn Road 5.) Horndale Drive 6. ), Allen' s I,ane PETITION FOR STATE ROAD '1487 TO BE PAVED - It was determined that approval of this petition would mean asking the State Highway Commission to add this to their list of roads to be paved according to their own priority list. Commissioner Hall moved, seconded by Commissioner Wright, that this be recommended to the State Highway Commission. Motion carried unanimously. ~~~ MINiTTES OF MEETING, APRIL 2, ~973 - 9:0o n.r. (CONTINUED) JAILHOUSE - TRANSFER OF FUNDS - Chairman Vaughan moved, seconded by Commissioner Hall, that an appropriation of $300 from the U.S.O. Funds be made to pay for the burial of the prisoner, Mr. HarrS Lee Askew, who died in the courthouse in March. Notion carried unanimously. REQ,UEST FOR ADVERTISEMENT OF '1954 BUCYRUS ERIE DRAGLINE - Mr. Hoss, County Auditor, stated that he had received a bid of $5,'100 from Roberts & Roberts of Hampstead, N. C., for a surplus dragline, which belongs to the Health De- partment, and asked £or authorization to advertise it for upset bids. Commissioner Hall moved, seconded by Commissioner Wright, that Mr. Ross be authorized to advertise for upset bids for the Bucyrvs Erie 'S4. Motion carried.unanimously. '1973-~974 BUDGET - Mr. xoss, County Auditor, agreed to submit the figures as had been done in the past showing budget figure for the previous year, actual expenditure to date, estimate of actual expenditure through June 30th,and budget request for coming year. PUBLIC II`ZPI~OYMENT PROGRAM Chairman Uaughan stated that he had received a call from Mr. D. W. Bryant, State Director of the Public Employment Program, telling him that the Program is going out of operation June 30, '19']4, and that there are certain funds allocated to New Hanover County. He stated that Mr. Bryant had requested him to write asking that this Program be administered £or New Hanover County effective immediately through the termination of the Program. ' ' Chairman Vaughan asked Commissioner Wright to call Mr. Bryant and clarify the Program and then advise him whether or not to write Mr. Bryant. AIRPORT USER'S FEE - $y common consent, it was agreed to defer this discussion until the regular meeting o£ April '16th, and at that time, it would be placed first on the agenda. Commissioner Hall agreed to have more definite information then about Piedmont collectin~ this fee. Mr. Ross, County Auditor, recommended that the County not go to the expense of hiring someone to collect the fee but contract with Piedmont to collect i~ for a percentage on the condition that they make their passenger manifests available £or auditing. RECOGNITION OF P.O.W.'S - Commissioner Davis requested that letters of recognition be written to the P.O.W.'s coming in as Marshals of the Azalea Festival and that they be presented County Medallions. By common consent, it was agreed to do this. REVENUE SHARING MONEY - Commissioner Davis stated that he felt that $'t00,000 of the Revenue Sharing Money should be spent for a new football stadium for the two high schools and that he was going to look into this possibility. Commissioner Wright proposed a special meeting to discuss the Revenue Sharing Money. No action was taken by the Board. ADJOURNMENT - There being no further business to come before the Board,, Commissioner Davis moved, seconded by Chairman Vaughan, that the meeting be adjourned. Motion carried unanimously. Respectfully submitted, ~~a~ ~ L''ise K. King`!~~ Clerk to the Board LKK:wg MINUTES OF SPECIAZ MEETING, APRIL 9, ~973 - 5~30 P.M. The New Hanover County Board of Commissioners met in a special session on Monday, April 9, ~g73, at 5:30 P.M. in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; W. Douglas Powell; Vivian S..Wright; Chairman M. H. Vau~han; and C1erk to the Board2 Lise K.'F~ing. The purpose o£ the meeting was to hold a public hearing on the proposed Airport Height Zoning Ordinance. ' Chairman Vaughan opened the public hearing £or discussion and stated that the pur- pose of the meeting was to discuss the contour map showing where restrictions on height would occur. It was determined that the March 5th decision of the Board had not been complied with in that the contour map had not been publicly advertised nor had the community leaders been notified of its presence at the Airport Office. Commissioner Wright stated that the purpose of the map on disply was so that people could clarify who would have to'get permits for trees at what height. Mr. Bob Williams of John Talbert & Associates, Inc., presented a map called a half-tone map from which blueprints could be made and recommended this type map be made for the County. Chairman Vaughan asked Mr. Williams to go ahead and.do what he could to work up a solid presentation for the Board.