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HomeMy WebLinkAbout1973-05-07 Regular Meeting~~~ MINUTES OF MEETING, MAY 'J, ~973 - 9~~0 A.M. ASSEMBLY - The New Hanover County Board of Commissioners met in regular session on Monday, May '7, ~973, at 9:00 A.M., in the Assembly Room, County Commission Building, Wilmiugton, 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 K. King. Chairman Vaughan called the meeting to order. Father James R. Jones of St. Mary's Roman Catholic Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, APRIL '16! '1973 - Upon motion by Commissioner Wright, seconded by Commissioner Hall, the minutes of April '16, ~9~3, were unanimously approved. APPROVAI, OF PHYSICIAN FOR THE SOUTHEASTERN MENTAL HEALTH CENTER - Mr. John D. Wilson, I,ocal Health Administrator, appeared before the Board to request approval for":e~fii'ring a physician at a salary of $25 per hour not to exceed six hours per month for the purpose of reviewing Medicaid cases. He stated this need existed because each Medi- caid case must be reviewed by two physicians on a regular basis and the primary therapist could not review his own cases; therefore; an additional physician was needed to review these cases with the medical consultant to the Center. He stated funds for this were available in the Center's budget under Salaries & Wages. Commissioner Powell moved, seconded by Commissioner Hall, that this request be approved. Motion carried unanimously. , DISCUSSION OF PROPOSE- MENTAI, HEALTH BIII+ZDING Sy common consent, it"was agreed to write the Mental Health Advisory Board and tell them that, despite the fact that there had been some problem with the Federal Funds, the Board of Commissioners £elt that they should proceed as far as they could without funds in , planning and present what they wanted to do to the Board of Commissioners. TAX DEPARTMENT - APPROVAL OF Rr:ruivL - Mr. Larry Powell, Tax Administrator, presented a request from Mr. Raiford G. Trask for a refund on property that had been double listed for the past six (6) years. Mr. Powell stated that in accordance with G.S. ~05-382, the Board of Commissioners could make a refund for three years. Upon Commissioner Hall's request, Commissioner Powell moved, seconded by Commissioner Wright, that Commissioner Hall be allowed to abstain from voting on,this issue. Motion carried unanimously. Commissioner Powell moved, seconded by Commissioner Wright, that this refund be approved. Upon vote, motion carried as follows: Voting Aye: Commissioners -avis, Powell, Wright, and Chairman Vaugh&n Abstaining: Commissioner Hall DTSPOSAL OF COUNTY PROPERTY OT33ER THAN REAL ESTATE - :u Chairman Vaughan appointed Commissioner Davis to discuss this with the County Auditor so that a policy for disposal of County property other than real estate could be presented to the Board. TA% -EPARTMENT - DISPOSAL OF COUNTY PROPERTY (REAI, ESTATE~ - Mr. Larry Yowell, Tax Administrator, presented a policy for disposal of County properts (real estate) as directed at the Commissioners' Meeting of April 'I6, '19~3. This policy stipulated that the Tax Office would advertise the property for '10 con- secutive days; and if, at the end of '10 days a higher bid had been received, the new bid would then be advertised for ~0 more days. Once the property had run for '10 days with no upset bid, the title would be transferred to the highest bidder. After a brief discussion of the cost of advertising, Commissioner.Wright moved, seconded by Commissioner Powell, that this matter be deferred until the Tax Administrator could amend the policy to cut down on the cost of advertising. Motion carried unanimously. PUBLIC HEARING: REZONING APPLICATION FOR SPECIAL USE PERMIT PROPOSED AMENDMENTS TO ZONING ORDINANCE REZONING APPEAL - Chairman Vaughan declared the Public Hearing open for discussion on rezoning requests, applications for special use permit, proposed amendments to zoning ordinance and the rezoning appeal. Mr. Neil Mallory, Planning Director, presented the following rezoning requests: Rezonin~ 1: Property to the north of 5'100 Market Street between Lullwater Drive and Lennon Drive on the north side of the street from R-'15 (Single Family District) to B-2 (Business District) in Zoning Area #9A. Commissioner Hall moved, seconded by Commissioner Davis, that this rezoning request be approved on the recommendation of the Planning Commission. Motion carried unanimously. (Ordinance rezoning this property is eontained in Zoning Ordinance Book I, Section 9A, Page 4.) Rezonin~ 2: Property at the southeast corner of the intersection of Park Avenue and Hinton Avenue from R-'15 (Single Family District) to B-2 (Susiness District) in Zoning Area ~6. MINUTES OF MEETING, MAY ~, ~973 - 9~0o A.M. (CONTIN[TED) PUBI,IC HEARING (CONTINUED) - PYr. Mallory stated that the Planning Commission had recommended approval of this request. He said that the Planning Department staff had requested denial because the State Highway Commission desired to stay away from Park Avenue as a major throughfare due to so many clouds on the right-of-way and, also, because Park Avenue could not support the traffic that would be generated by commercial zoning. Chairman Vaughan moved, seconded by Commissioner Hall, that this request be denied until they got some polic~ from the Planning Commission as to whether they were going to strip Park Avenue from one end to the other or not. Upon vote, motion carried as~'follows: Voting Aye: Commissioners Hall, Powell, Wright and Chairman Vaughan Voting Nay: Commissioner Davis Rezonir~ 3: Property on the east side of Castle Hayne Road (U. S. Highway 1'I'7) approximately 345 feet north of the inter- section of Castle Hayne Road and Gordon Road from R-'15 (Single Family District) to B-2 (Business District) in Zoning Area -.9A:s. ' Upon Commissioner Davis' request, Commissioner Hall moved, seconded by Commissioner Powell, that Commissioner Davis be allowed to abstain from voting on this issue. Motion carried unanimously. Commissioner Hall moved, seconded by Commissioner Powell, that this request be approved as recommended.by the Planning Commission. Upon vote, motion carried as follows: Voting Aye: Commissioners Hall, Powell, Wright and Chairman Vaughan Abstaining: Commissioner Davis (Ordinance rezoning this pro_perty is contained in Zoning Ordinance Book I, Section 9A, Page 5.) Nr. Neil Mallory, Planning Director, presented the following requests for special use permit: Sroecial Use Permit 't: Application for Special Use Permit to use property on east side of Carolina Beach Road (U. S. Highway 42'I) approximately 3,000 feet south of the intersection of Golden Road (S. R. '1524) and Carolina Beach Road for a church in a R-'15 District (Single Family District) in Zoning Area #4. Commissioner Wright moved, seconded by Commissioner Davis, that this special use permit be granted to Battle Park Baptist Church subject to the following: 'I. Plans submitted with the application for special use permit; and 2. Directional signs be installed at entrance and exit areas Upon vote, motion carried unanimously. Special Use Permit 2: Application for Special Use Permit to use property on the west side oY North College Road (N. C. Hwy. '132) approximately 550 feet south of the intersection of Blue Clay Road (S. R. '13'18) and North College Road for a church in a R-'15 District (Single Family District) in Zoning Area f{~.A. Commissioner Davis moved, seconded by Commissioner Powell, that this special use permit be granted to Mr. Earl R. Rich, subject to the following: 'I. Plans submitted with the application for special use permit, ~ 2. Drives should be one way with entrance on the north and exi$, on the south and that directional signs be installed, and 3. Sign be limited to 48 square feet in size. Upon vote, motion carried unanimously. Special Use Permit 3: Application for Special Use Permit to use property on B. R, '1402 north of the Figure Eight Island Bridge as portion of a Planned Unit Development in a R-20 District (Single Family District) in Zoning Area #5- Mr. Henry Johnston, Petitioner, said that they needed to move the gatehouse back off the bridge because of the problem of turning around on the bridge. He stated that placing this under Planned Unit Development with a Special Use Permit would mean that the Subdivision Review Committee would then have this piece of property under their monitoring system. Commissioner Powell moved, seconded by Commissioner Davis, that this request be granted subject to the plans submitted with the application for Special Use Permit. Motion carried unanimously. Mr. Neil Mallory, Planning Director, presented the following proposed amendments to the New Hanover County Zoning Ordinance: ~7~ MINiTTES OF MEETING, MAY '7, ~973 - 9s00 A.M.(CONTINUED) PUBLIC HEARING ~CONTIi~u~L) - Amendment Amend Article V, Section 56-2 by adding the following: (29) Churches Commissioner Davis moved, seconded by Commissioner Powell, that this amendment be ap- proved. Motion carried unanimously. Amendment 2: Amend Article V, Section 5'I-3 (9) to read as follows: (9) Greenhouse or plant nursery having a structure with an enclosed area larger than 500 square feet. Amendment 3: Amend Article V, Section 52-3 (9) to read as follows: (9) Greenhouse or plant nursery having a structure with an enclosed area larger than 500 square feet. ' Amendment 4: Amend Article V, Section 53-3 (9) to read as follows: (9) Greenhouse or plant nursery having a structure with an enclosed area larger than 500 square feet. Commissioner Powell moved, seconded b~ Commissioner Hall, that Amendments 2 through 4 be approved. Motion carried unanimously. Mr. Neil Mallory, Planning Director, presented the Yollowing appeal from the recommenda- tion of the Planning Commission (Rezoning): Rezonin~ Appeal 1: Property on the north side of U. S. Highway ~6 approximately 't,500 feet west of the intersec- tion of U. S. Highway '74 and U. S. Highway ~6, said intersection being northwest of the Intra- coastal Waterwaq Bridge at Wrightsville Beach from R-'15 (Sin~le Family District) to B-2 (Busi- ness District) in Zoning Area #2. Mr. Mallory stated that the Planning Commission had heard this request on February 2, '19']2; and, at that time, there had been neighbors objectiiig to the rezoning and the request had been turned down on that basis. He stated that at their April 6, ~973, meeting, the Planning Commission had recommended denial based upon the fact that usa~e of Highway ~6 was predominantly residential in nature. Mr. Alton Lennon, Attorney, appeared before the Board on behalf of the Petitioner. He stated that more frontage had been acquired since the original petition and that the adjacent property owners felt that the plans would be oY advantage to the entire area. Mr. Mallory stated that if this were approved all the way to Highway ']6, there would probably be rezoning requests for the opposite side of Highway ~6 and this would create a massive commercial area as you approach Wrightsville Beach, which would make it hard to move traffic on and off the Beach. Mr. Lennon stated that the State Hi~hway Commission had given permission for 50 foot cuts that would eliminate going vertically into the commercial area from the highway. Commissioner Powell stated that this would enhance the appearance of the entrance onto the beach and that it would probably reduce traffic from the beach into Wilmington for shop- ping. Upon bein~ questioned by Commissioner Davis, Mr. William Grathwol, President of F. & G. Development Company, stated that if the County were to run sewer lines, they would definitely hook up voluntarily. Commissioner Powell moved, seconded by Commissioner Hall, that this rezoning request be approved. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Powell and Wright~ Voting Nay: Chairman Vaughan (Ordinance rezon2ng this property is con~ PUBLIC HEARING: PROPOSED ADDITION Chairman Vaughan declared tine tion to the "no-wake" zone for the the vicinity of Wrightsville Beach Path Marina. :ained in Zoning Ordinanee Book I, Section 2, Pa,qe 6.J TO TFIE "NO-WAKE" ZONE AT WRIGHTSVII,LE BEACH - pubii.c iieac~iii~ upen or discussion on the proposed addi- waters of New Hanover County known as Motts Channel in to include the area between Howard's Fish House and Sea Mr. Harold Wells appeared before the Board and asked that they take a positive action on this issue. Upon motion by Commissioner Powell,.sec.onded by Commissioner Hall, the following resolu- tion was unanimously adopted: MINUTF~5 OF MEETING, MAY ~, ~973 - 9~00 A.M. (CONTINUED) PUBI,IC HEARING (CONTINtTED) - "NORTH CAROI,INA COUNTY OF NEW HANOVER R E S 0 L U T I 0 N OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY Wf~REAS under authority:of North Carolina General Statutes Section 75:~-~5~a) subdivision of the State oP North Carolina may at any time, after public notice, make formal application to the Wildlife Resources Commission for special rules and re$ulations with reference to the safe and reasonable operation of vessels on any water within its territorial limits. AND GIHEREAS New Hanover County has given public notice of its inten- tion to make formal application to the Wildlife Resources Commission for special rules and reg~zlations with reference to the safe and reasonable operation of vessels on the waters of Motts Channel within the terri- torial limits of New Hanover County, and for the implementation of the Uniform Waterway Marker System in all the waters of the County. BE IT RESOLVED that in accordance with G. S. 75A-'15, the Board of Commissioners of New Hanover Connty requests the North Carolina Wildlife Resources Commission to promulgate special rules and regulations with re£erence to safe and reasonable operation of vessels on the waters known as Motts Channel in the vicinity of Wrightsville Beach to include the area between Howard's Fish House and Sea Path Marina, located in said County, the pertinent substance of which proposed regulations is as follows: To establish a"No Wake" speed zone in the area described above. BE IT FURTf3ER RESOLVED that the said Board of Commissioners requests the said Commission to promul~ate regulations fully implementing the Uni- form Waterway Marker System in all of the waters o£ the said County." , SUBDIVISION PLAT - BRICgSTONE~. SECTION 'I - Mr. Jimmie Hearn, Staff Planner, presented the final plat for Brickstone Sub- division, Section'I, for the Board's approval stating that it fe11 under the 25 lot provision and did not need letter of credit or posting of bond. Commissioner Hall moved, seconded by Commissioner Wri~ht, that this plat be approved and that the Chairman be authorized to sign it. Motion carried unanimously. SUBDIVISION PLAT - SANDY RIDGE~ SECTION 'I P1r. Jimmie Hearn, Staff Planner, presented the final plat for Sandy Ridge Sub- ' division, Section'I, for the Board's approval stating that it fell under the 25 lot provision. • Commissioner Hall moved, seconded by Commissioner Wright, that this plat be ap- proved and that the Chairman be authorized to sign it. Motion carried unanimousl~. SUBDIVISION PLAT - GLEN ARBOR .SECTION 'I - Mr. Hearn presented the ~final plat for Glen Arbor Subdivision, Section'I, for the Board's approval~stating that it fell under the 25 lot provision. He stated this had been approved by the County Engineer with the understanding that a revised preliminary be submitted to the Subdivision Review Committee for approval. Commissioner Powell moved, seconded bq Commissioner Hall, that this plat be ap- proved and the Chairman be authorized to sign it. Motion carried unanimously. SUBDIVISION PLAT - NEWCA,STLE ESTATES, SECTION 'I - P1r. Hearn presented the final plat for Newcastle Estates, Section'I, £or the Board's approval stating that it fell under the 25 lot provision. Mr. David Coffey, 3'J Holland Drive, and Mr. Clarence Marshburn, 34 Holland Drive, appeared before the Board to express their concern over the drainage problem that this subdivision would create on their propei~ty. Mr. C. I,. Reavis appeared before the Board to represent Reavis Homes, developers of the property. By common consent, it was agreed that Mr. Reavis, Mr. Coffey, and Mr. Marshburn would retire to discuss this problem with the County Engineer and members of the Plan- ning Department and return to the meeting when they had reached a conclusion. DISCUSSION OF PROPOSED FOOTBALL STADIUM Commissioner Davis made the motion that the Board of County Commissioners allocate $'100,000 of the Revenue Sharing funds for capital improvements to the Legion Stadium complex or to the construction of a new facility; that a Stadium Authorit9 of nine members be appointed by the Board of Commissioners to oversee the operation of said complex;. that the following guidelines be established: 'I.) that the Stadium Authority's actions would be subject to being overridden by a majority of the Board of Commissioners, 2.) that the Authority be composed of nine members appointed by the County Com- missioners being one County Commissioner, six members chosen from the community with a high school football coach and baseball coach servin~ as ex officio members; terms to be three-year staggered. 3.) that all operating funding of the Stadium would be provided by the Countq; that in the next two weeks a list of names be provided to the Commissioners from which the nine members of the Authority would be chosen. e)O~. MINUTES OF MEETING, MAY ~, ~973 - 9~0o A.M. (CONTINUED) DISCUSSION OF PROPOSED FOOTBA7~, STADIUPI (CONTINUED) - Commissioner Wright seconded the motion for discussion purposes. Mr. Julian A. Altobellis, Architect, made a presentation to the Board called Phase I of the operation which would include the construction of a new 5,000 seat concrete stand, regrading and the reestablishment of a football field encircled by a guarter-mile track, baseball £ield located in the northeast corner of the site, new parking areas which he stated appeared to be well over 2,000. Chairman Vaughan asked what the average attendance was at a high school football game. Commissioner Davis stated this had been very poor in the last 8 or 9 years maii~ly be- cause of a bad facility. He stated that the athletic program needed to be upgraded. Chairman Vaughan asked how Commissioner Davis knew that it had been poor because of the facility. Iie asked whether or not the teams and interest in the student body were what de- termined attendance. Commissioner Wright stated that racial problems and crime had had something to do with it. Commissioner Davis asked how they could expect the students to show pride when they weren't showing pride in them. Commissioner Hall stated that operation o£ this Stadium would have to come from non- tax revenues. He stated that he would support Commissioner Davis if he would incorporate into his motion, as an amendment, that the County would accept ownership of the Stadium along with the responsibility for parks and recreation, ownership of the Municipal Golf Course, and the I,ibrary, and that these be taken over upon redistribution of the ABC funds, which is the source of non-tax funds. Commissioner Wright stated that she objected to the fact that what Commissioner Davis proposed was not a complete job and that, if the Board did take it over, it should be con- sidered as the County's share of the community's recreational facilities. Commissioner Wright moved,the substitute motion that $250,000 be allocated from Revenue Sharing to do a complete job provided that the City would cease making demands on the County for parks and recreation and provided that the City would let the County Airport hook into the northside sewer treatment plant. Commissioner Davis stated that he hated to see the issue become a political football. Commissioner Wright stated that Commissioner Davis had made it a political footbal issue because the Stadium was City-owned and that nobody had been to the City in 20 years either from the public or the Board of Education to try to get them to do a~ything about it or, if they had, there had not been that much publicity. But she stated Commissioner Davis had gone out and pushed it on the County Commissioners and that they were getting the criticism for something the City had not done for 20 years. Chairman Vaughan stated that he did not understand how they could appropriate either amount without knowing what specifically was needed. He said that he did not understand how they could appoint a commission in the next two weeks to run something owned by the City. He stated further that he did not feel he wanted to vote funds for a'I0,000 person facility when nobod9 at the meeting could tell him that they had enough attendance to fill up the present Stadium. Mr. James C. Fox, County Attorney, stated that an appropriation of Revenue Sharing funds for this purpose might be premature until the property was actually acquired. Secondly, he stated that he was not sure if the General Statutes permitted the creation of a Stadium Authority as an operating authority as the Airport Authority was authorized by the General Statutes. Chairman Vaughan asked if a commission could be appointed. Mr. Fox stated that, if there were no statutory basis for a Stadium Authority, then it would be perfectly alright for a commission to be appointed with advisory powers. He stated that, in the absence of a Stadium Authority suthorization, the County Commissioners, if they owned the property, could not divest themselves of the responsibility for its management. Commissioner Powell stated that the Commissioners needed more information about what the funds were going to be spent for if an agreement could 6e worked out with the City. He recommended appointing a committee from the Board of Commissioners to meet with the. Cit~ Officials to see-if it could be worked out and to come back with a specific proposal as to what funds were needed, what they would be spent for, and where they would come from. Mr. Luther Cromartie, City Councilman, said that he was present at the request of Mayor Symmes and Commissioner Davis to state the unofficial position o£ the City in this matter which was that the Citg would relinquish its rights to the property of the Stadium if it were totally developed for the total benefit of the total community. He stated that he saw no great problem in making it a joint venture but that one governmental head should control it. Mr. Meares Harriss, former Chairman of the Board of Commissioners, appeared before the Board. He stated that this problem had been studied and that he believed there was a way for federal and state funds to be obtained. He stated that, if this Stadium pro- perty were properly laid out, it would be possible to include a community auditorium with adequate parking space. He suggested that an auditorium-convention-athletic complex be considered and that application be made for ::planning to the Council of Governments and that state and fede~al Yunds be sought. Mr. John C. Symmes, Mayor of the City of Wilmington, stated that a committee should be appointed to gather information and that the City was willing to help in any way they could. ~~~. MINUTES OF MEE,'TING, MAY '7, ~973 - 9:0o A.M. (CONTINUED) DISCUSSION OF PROPOSED FOOTB9ZL STADIUM (CONTINUED) - Mr. F. Lemountee Meier, Jr., (Tanky) stated that the County had always lagged be- hind in providing recreational facilities. He stated that, during the Azalea Festival, Legion Stadium had some '10,000 people out for the variety show and that 8,000 stood up Por three hours. He stated that, with regard to the non-tax revenues, there was a bill pending in the legislature to abolish the situation whereby certain governmental units could and others could not use tax money for recreational facilities. He stated that it was his understanding that there was no appreciable opposition to this and stated that it wouldcrbe~passedz°so that tax revenue could be, used. He stated that it was not fair for half of the people paying for facilities that were available to all of the people. Commissioner Hall stated that that was exactl9 what he had said when he asked Commissioner -avis to accept as an amendment to his motion that the County assume ownership and responsibility for the operation of the Stadium, the parks and recrea- tion department, the golf course, and the library but that it would have to be de- pendent upon the County's ability to spend tax money and, if that legislation did not pass, there would have to be a redistribution of the ABC Funds to help the County take care of these things. Mayor Symmes stated that by far this was the most attractive proposal he had heard from the County in ten years. Commissioner Wright stated that the County pay.s rent each time it uses the Stadium and, therefore, pays its way as far as the use of the Stadium goes. She also stated that she had asked the Board to do an over-all priorit~ listing for the Revenue Sharing funds so it would not be dribbled away in little bits. Commissioner Davis stated that „ fdr his proposal of $'100,000, the County could be ready for next fall. He stated it would take approximately $25,000, which would be paid to the City, to continue manning the Stadium facility until, in the future, the County took over all the parks and recreation as Commissioner Hall had recommended. He stated, however, that he £elt the issue was being clouded and that the chance to have a facility in the fall would be killed if it were not taken a step at a time. Commissioner Powell requested Commissioners Davis and Wright to consider with- drawing their motions because he was not in a position to vote to allocate $'100,000 without a specific project proposed with cost related to it. He stated that he was very much in favor of the project and that the only way to move forward on it would be to have a committee appointed for pursuing the project. Mayor Symmes stated he had suggested committees so that things could be cleared up. He suggested two from the City, two from the County and several coaches to ~o oner the details that had been discussed and to come back with a positive proposal in the next two weeks. Chairman Vaughan stated that he felt that the hospital had a higher priority. He stated that he shared with the other members of the Commission a desire to have excellent recreational facilities and that he and Commissioner Hall had e~ressed this interest and the Commissioners had taken action to locate park space. He stated he was opposed to going forward with anything without consideration. Commissioner Hall moved that Commissioner Davis' motion be tabled for two weeks. Motion died for lack of a second. Commissioner Wri~ht withdrew her second to Commissioner Davis' motion and asked him to remake his motion. Commissioner Hall moved, seconded by Chairman Vaughan, that Commissioner Davis' motion be tabled for two weeks. Upon vote, motion carried as £ollows: Voting Aye: Commissioners Hall, Powell, Wright and Chairman Vaughan V:oting Nay: Commissioner Davis Chairman Vaughan appointed a committee composed o£ ComYni:ssioners Davis, Hall and Powell to pursue this matter. ~ DISCUSSION OF SEPTIC TANK PROBI,ET'! - Mr. J. H. Reaves spoke on behalf of the Board of Realtors and the Homebuilders Association. He urged the County Commissioners to promptly assess the situation and purpose the solution to the question of county drainage, water and sewer. He stated that the proposals outlined in the Er~ineering Study & Report for Water and Sewerage Systems in New Hanover County prepared in '19'7'I would meet their needs. He also stated that County-wide drainage would be helpful. Mr. James C. Fox, County Attorney, stated that the Countq was not authorized to establish a drainage system but that there was legislation pending that would allow the County to get into this particular field and it was anticipated that this would go through by the end o£ the session. Chairman Vaughan assured Mr. Reaves that the County Commissioners were not i~noring the problem and that he felt sure that the Commissioners would actively pursue develop- ing a solution within 90 days. ~No action was taken by the Board. SUBDIVISION PLAT - NEWCASTLE ESTATES, SECTION 'I - Mr. Hichard B'pling, County Engineer, stated that it was mutually agreed that the recommendation to the Board would be that the first 25 lots be approved and £urther development be subject to consideration of the problems concerning drainage with the understandin~ that Mr. Reavis would work with the landowners in accomplishing a sat- is£actory solution to the problem. ~~~ MINUTES OF MEETING, MAY ~, ~973 - 9~0o A.M. (CONTIN[TED) SUBDIVISION PLAT - NEWCASTI,E ESTATES, SECTION ~(CONTINUED) - Mr. Daniel Coffey of 37 xolland Drive stated that he was satisfied with this. Commissioner Powell moved, seconded by Chairman Vau~han, that the final plat for Newcastle Estates, Section ~, be approved and the Chairman be authorized to sign it. Motion carried unanimously. RELEASE OF CASH BOND FOR FIGURE EIGHT ISLAND - Mr. Jimmie Hearn, Staff Ylanner, stated that the Planning Department concurred with the County Engineer that the corner pins had been satisfactori:ly installed in Sections 8, 9, '10, 'I'I, '12, '13, '15, '16 and 'I'7 of Figure Ei~ht Island and requested the Board to release cash bond in the amount of $'I,500 (eertified checks #0'144'16 in the amount of ~9']5 and ~}0'16049 in the amount of $525.) Commissioner Powell moved, seconded by Commissioner Davis, that this cash bond be re- leased. Motion carried unanimously. DISCUSSION OF AMBULANCE FRANCHISE - Chairman Vaughan presented a letter to the Board of Commissioners dated April 2E,, '1973, from Mr. Henry Hoyle, New Hanover Ambulance Service, and Mr. H. G. Tate, Tate Ambulance Ser- vice, stating that unless they were granted an exclusive franchise prior to May 3~, ~973, at '12:00 Midnight,.that they would discontinue any ambulance service in New Hanover County on that date. The concensus of the Board fso.s~:their discussion with Mr. Arthur g. Lamson of the Emergency Medical Services Programcof the State Board of Health was that they could not grant an exclusive franchise without granting this to all providers of ambulance service. Chairman Vaughan stated that every ef£ort would be made to set up a meeting with the two rescue squads and the two ambulance services for 5:00 P.M. on Tuesday, May 8, or Thursday, May '10, at ~:30 P.M. and that he and Commissioner Hall would be present. Mr. Tate and Mr. Hoyle both stated that this was agreeable to them. NDEA ruivliS - SCHOOI,S - Dr. Heyward C. Bellamy, Superintendent of County Schools, appeared before the Board to request authorization to use the $'13,065.43 remaining in the County NDEA budget to pur- chase materials and equipment as no additional Federal funds would be received during the year. He said the funds would be used for the same items requested in the budget but that it would be on a non-matching basis. Commissioner Hall moved, seconded by Commissioner Davis, that the School Board be authorized to purchase materials and equipment with the balance of the local funds in the County NDEA budget. Motion carried unanimously. REQUESTS FOR TRANSFER OF FUNDS - P'Lr. Patrick Hoss, County Auditor, presented the following requests for transfer ~of funds: Airport $20 to be transferred £rom Electrical Supplies to Bonds to pay for two special deputies' bonds. Inspection Department $'7'75 to be transfesred from Miscellaneous Sales and Advertising Income to Office Supplies. Mr. Ross stated that this was income from sale of code books and advertising fees collected, aaii it had been understood this would be reimbursed to OfYice Supplies. Auditor's Office $35o to be transferred from Salaries & Wages to the Telephone Account. ~ District Attornev's Office $364.58 to be transferred from Unappropriated Surplus in the Facilities Fees Fund to be paid on his new lease which required "more money than had been budgeted'for rent on his old office space. Museum (Rent) ~200 to be transferred from Contingencies for the lease on Hall House at 6 South Ninth Street for the balance of the year. Museum (Bur~lar Alarm) $850 to be transferred from Salaries & Wages to install a burglaT alarm system at Hall Aouse, 6 South Ninth Street. By common consent, it was agreed that Mr. Rbss would take bids on the burglar ala'rm system. Juvenile Services Center : $~50 to be transferred from gitchen Supplies and Food~Account to Utilities. Commissioners & Staff $'1,2'I2 to be transferred from Salaries & Wages to the following: Advertising $'I,'I80 Dues & Subscriptions 32 $'I , 2'I 2 Tax OYfice ~0 to be transferred from Supplies as follows: Rent ~ 95 Postage :~~ 55 $250 Commissioner Hall moved, seconded by Commissioner Davis, that these transfers be approved. Motion carried unanimously. ~~~~ MINUTES OF MEETING, MAY '], ~973 - 9~0o A.M. (CONTIN[TED) POLICY ON TRANSFER OF FUNDS - Mr. Ross, County Auditor, stated that there was no statutory need for the governing body :sas a whole to consider very small transfers and that this would be done on an ad- ministrative basis. Commissioner Hall moved, seconded by Commissioner Powell, that the acting Countg Manager be authorized to make transfers within a departmental budget, that these trans- fers would not exceed $'150, and that a report at the end of each month of these trans- fers would be presented to the Board of Commissioners by the Auditor's OfYice. Motion carried unanimously. ArrnvVAL OF REQUEST FOR ATTORNEY'S FEES - Upon motion by Commissioner Hall, seconded b~ Commissioner Powell, the following attorney's fees were approved £or payment: Two statements dated February 23, for services rendered in regard to condemnation of line of sight easements over the properties of Stephen R. Croom and E. M. Meyland in the amount of $'I,606.']9 and $'1,439.35 to come from the Airport Easement Account. Three statements dated March 8, ~973, for services rendered in connection with three matbers of litigation in the Cherry and Hooks suits in the amounts of $292.08, $50.00, and $250.00 to come from the Salaries & Wages account in the Commissioners' budget. - One ~tatement dated April 2`], '1973, for services rendered in connection with the New Hope Dam Litigation for #530.45 to come from the Salaries & Wages Account in the Commissioners' budget. APPROVAL OF CONTRACT TO AUDIT ACCOUNTS - Mr. Patrick Koss, County Auditor, presented a contract dated May 2, ~973, between Cherry, Bekaert & Holland, Certi£ied Public Accountants, Drawer '1848, Wilmington, N. C., and the Board of Commissioners of New Hanover County to audit the accounts of the County 9uditor of New Hanover County and other offices handling County funds. There was a brief discussion about the rates charged on this contract, and Commis- sioner Wright pointed out the differences between this contract and the one approved recently for the Tax Office. Mr. Ross stated that.it would take another auditing firm enough longer to ~et used to what had been done in the format of the County's accounts so that it may end up costing more at lower rates because they would take longer. Chairman Vaughan asked the County Auditor to check back about six or eight years and send the Commissioners a memorandum as to what the audit costs were each year during this period of time. Chairman Vaughan moved, seconded by Commissioner Powell, that this contract be ap- proved and signed and that the County Auditor advise the Commissioners early in the £iscal year iY they should make an,q changes in the audit. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Powell and Chairman Vaughan Voting Nay: Commissioner Wright ABANDONMENT OE NON-EXI6TENT MII,EAGE OF S.R. '1343 - Upon motion by Commissioner Hall, secanded by Commissioner Powell, the following resolution was unanimously adopted: BE IT RESOLVED that we, the New Hanover County Commissioners, concur in the dele- tion of the non-existing section of SR '1343 which begins 0.33 mile from intersection of SR '1343 and SR '10~2, thence runs southerly 0.32 mile. ROAD PETITIONS - Upon motion by Commissioner Powell, seconded by Commissioner Davis, the following road petitions were unanimously approved to be recommended to the State Highway Commis- sion for maintenance: 'I. Ilex and Salix Drives, Silva Terra Subdivision, Section 2 2. Tanbridge Road, Windemere Subdivision, Section 4 3. Westchester Subdivision (Westchester Road, Wallington Road, and I,ancaster Road) 4. Terry Lane, Spring View Subdivision, Section 5 5. Bragg Drive and E~aell Drive, Pine Valley Estates 6. Monterey Heights Subdivision, Section 'I 7. Horn Road, Silver Lake Subdivision 8. Yacht Road and Basin Road, the Basin View Development, Carolina Beach, N. C. DISCUSSION OF COUNTY'S OI,D RETIREMENT PLAN - ~ Chairman Vaughan appointed Commissioner Powell to confer with the appropriate parties and determine what action the Board of Commissioners should take and report back to the Board with regard to the vacancy on the Board o£ Trustees on the County's old retirement plan. DISCUSSION OF ORDINANCE FOR AIRPORT USER'S FEE - By common consent, it was agreed that the County Attorney would be directed to change the ordinance on the airport security fee as follows: 'I) To make the ordinance ~fective July 'I, ~973, instead of June 'I, ~973• 2) To make New Hanover County personnel the collectors rather than the commercial airline. 3.) To make security only a partial factor for the need of the fee along with necessary airport development. ~~~ MINtTTES OF MEETING, MAY ~, ~973 - 9~0o A.M. (CONTINUED) DISCUSSION OF ORDINANCE FOR AIRPORT USER'S FEE {CONTINUED) - It was agreed that this ordinance would be effective July 1, ~973, unless Congress ~ had made definite appropriations that had not been vetoed; and, if they did make definite appropriations, the ordinance would be rescinded. DIBCUSSION OF WATER RESOURCES CONGRESS~~- Commissioner Hall moved., seconded by Chairman Vaughan, that the Chamber of Commerce be notified that the Commissioners did not recognize the bill for expenses incurred by Richard P. Reagan in connection with attendance as a delegate to the ~973 Water Resources Congress inasmuch as they did not authorize this attendance. Motion carried unanimously. DISCUSSION OF CIVIL -EFENSE G~iv~xATOR - Chairman Vaughan appointed Commissioners Davis and Powell as a committee to make a recommendation on the Civil Defense Generator. Commissioner Wright recommended that they discuss this with the County Engineer. Commissioner Hall recommended that they discuss it with the County Engineer and Gen. Andrew H. Harriss, Jr., Civil DeYense Director, together. DISCUSSION OF IiUGH MacRAE PARg - Commissioner Yowell read a letter from the Winter Park Optimist Club enumerating their contribution to Hugh MacRae Park from the I,ittle I,eague Program. Chairman Vaughan appointed Commissioner Powell to confer with the County Engineer to get this agreement to 4~ork out with the Park personnel a program for utilization oY the parks by the community in the mornin~s. DISCUSSION OF TAPES OF MEETINGS - Sy common consent, it was agreed that the tapes of the meetin~s would be held for one year and then erased and reused. AISCUSSION OF CON'II`IITTEE APPOINTMENTS - Chairman Vaughan presented a letter from Mr. Durwood Baggett, Director of Harbor House Marine Science Center and County Extension Chairman, requesting that Commissioner Powell be appointed to serve on the Executive Committee of the Harbor House Marine Science Center. Commissioner Hall moved, seconded by Commissioner Wright, that Mr. Baggett be notified that no appointments would be made from the Board of County Commissioners until a new evalu- ation of committee appointments had been made. Motion carried unanimously. ADJOURNMENT - There being no further business to come before the Board, Chairman Vaughan adjourned the meeting. Respectfully submitted, ~ ~~ ~ - ~~~~ Zise K. Aing Clerk to the Board LKK:wg MINUTES OF RECESSED PUBI,IC HEARING~ MAY 9, ~973 - 5~3o P.M. The New Hanover County Board of Commissioners met in a special session on Wednesday, May 9, ~973, at 5:30 P.M. in the Assembly Room, County Commission Building, Wilmington, North Carolina, for the recessed public hearing of the proposed Airport Height Zoning Ordinance. Members present were Commissioners Peter R. Davis, J. M. Hall, Jr., W. Douglas Powell, Vivian S. Wright; Chairman M. H. Vaughan; and Clerk to the Board, I,ise B. ging. Chairman Vaughan opened the public hearing for discussion. Mr. Neil Mallory, Planning Director, stated that it was his understanding that the meeting on April 9, '19'J3, had been recessed in order that the contour map could be made reproducible and advertised as being on display at the airport, which he stated had been done. Mrs. Audrey Feenstra requested the County Engineer, Richard' Epling, go over the su~gestion he had made as an insertion in the ordinance. Mr. Epling stated that the intent of his suggestion was to inform people that, if they were in the Airport zone, they would assume they would need a permit for any structure over ~5 feet unless they were notiYied by letter that there was some more severe limitation im- posed by the ordinance. Chairman Vaughan stated that this would protect people from doing something in ignorance and being fined for it. Chairman Vaughan polled everyone individually of the approximately 40 people in the room for their comments and questions. One woman asked would they be reimbursed if trees had to be topped or cut down; and Mr. Rudolph C. Shackleford; Assistant Airport Manager, stated that the County would effect re- moval at cost to the County and the property owner would be reimbursed for any damages. Another woman asked if they could build whatever they wanted to on their land, and Nir. Mallory stated that this ordinance would govern height only. One gentleman stated that this would mean that this would impose two laws to govern their land, a height restriction and a building permit.