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1973-03-19 Regular Meeting~~;~ 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: ~~~ MINiTTES OF MEETING, MARCH 19, ~973 - 9:0o a.M. (CONTINUED) DISCUSSION OF WITHIN THE COUNTY COP'II`IISSIONERS' OFFICE (CONTINUED) - ~.) He intended to imply that, in his opinion, the Personnel Manager was not necessary and that ~e Secretary to the Personnel Manager was questionable in his mind. He stated this need would be determined by the capacity of the Clerk to the Board and the Secretary to the County Manager. He stated that, even though the Clerk is a legal position, that, admini- stratively, the County Manager could consider, through action o£ the Boai•d, the Clerk and his Secretary to some degree as a unit. 2.) He stated that even though the paper stated his immediate goal_would be finding a County Mana~er £or $'18,000, he fully understands that this is the Board's goal and not his. Mr. Hall stated that when the positions now vacant are filled, that it will be very much incumbant upon all to recognize the diPference between policy makers and administration. He stated that in order to keep people and to keep them reasonably happy, that they will have to adhere pretty rigidly to that kind of a line. Mr. Hall stated that this could have had some bearings on the recent problems. Mr. Davis stated that he feels confidence in the Board is at an all-time low. He stated that the Board must show confidence in the employees and give them an opportunity to work within the sphere o£ their jobs. He stated that the Board should give a person certain rights as to what his job is and, then, let him do it, if it be the County Manager or a clerk. He stated that he feels i£ they overload the county employees and under-pay them, that they ~iill get poor employees and low morale. He stated that he personally feels that it's time to get a County Manager and get this county moving again. Mr. Vaughan stated that he £eels that the statement that the confidence in the Board is at an all-time low is ridiculous. He stated that he feels there is high confidence in this Com- mission and feels that they are working well together. He stated that the onl9 thing that had prevented going ahead and advertising for a County Manager was the potential situation of City- County Consolidation. But, when that was over, he had been directed to advertise with the International City Managers Association for candidates despite the fact that they already had appro3rimately eight. He stated that advertising is in process and further direction would be discussed at the Personnel Meeting. Mr. Vaughan expressed great clistress that Mr. Davis feels that people have such little confidence in this Commission. Mr. Davis stated that he feels that this is reflected in the fact that there has been an almost '100% turnover in the personnel of the county o£fice. He stated that this is a good example o£ the people losing confidence and that something must be done to instill confidence in them and that he feels the best way is for the County Board to start movin~ forward. Mrs. Wright also took exception to some of Mr. Davis' remarks stating that she does not get that impression from the people who have been talking to her. She stated only a couple had expressed anythin~ like what Mr. Davis had said. She also stated that the fact that work is getting done with less people speaks well for the people in the office. Mr. Vaughan stated that he had asked at~the last Personnel Meeting if there was anything anyone could suggest that he could do to carry on business. He stated that since there was no reply apparently no one at that time knew of any business that wasn't being handled. Mr. Davis stated that b~ Mr. Vaughan's remarks he was•leading people to think there had been '100'~o agreement at that Personnel Meeting, which he stated wasn't the case. Mrs. Wright stated that consideration should be given to the fact that it•does take time to advertise and to make sure 9ou have good candidates you must advertise. REPORT OF COLLECTOR OF REVENUE - Mrs. Janie Straughn, Collector of Revenue, presented the £ollowing report on collections during the month of February,.1973. Total charged $6,39~,05~+.29, February Collections ~85,069.02, Total Collections as of March 'Ist $5,929,~~3•57; Balance Outstanding on 19'72 Levy $46'1,940.'72. This represents a collection of 92.7~ of the '1972 levy as compared to 9'1.29'o this time last year ('IfP/o over this period o£ time last year and levy is heavier than last ~ear.) Back Taxes collected during February $'14,168.32. Total Back Taxes collected to date $'15'I,'104.03; ~ut- standing Delinquent Taxes $281,'764.'15. Delinguent Personal Property Taxes collected during February $564.93; Total Delinguent Personal Property Taxes to date #7,475.20. Mrs. Straughn stated that they will be advertising in April this year rather than May, which should help pick up collections during the month of April. Lein sale will be held 30 days earlier than it has in previous years. BOARD OF EQUAI,IZATION AND REVIEW - Mr. Powell, Tax Administrator, asked the Board to set dates and times for the Board of Equalization and Review. By common consent, these were set with a'15-minute schedule as follows: Tuesday, April 3rd, 9:00 A.M. Tuesday, April 'IOth, '7:00 P.M. Wednesday, April 'I'ith, 9:00 A.M. DEVELOPER'S CONSIDERATION - 1°lx. D. Powell stated that it vras his understanding that when the Board voted to remove the Developer's Consideration that that was the only discount that was to be adjusted. He stated that it was his understanding that, possibly through an administrative misunderstanding, all discounts had been removed, He stated that he felt that the discounts that were not Developer's Considerations should be reinstated. Mrs. Wright stated that the Board had there may be some cards not clearly marked that were clearly marked that these people a hearing. She stated that what they had illegal and that the other whose cards are an error. specified Developer's Consideration and were told as to what they were for. She stated that the ones should not be put through the process of coming to :hanged was the part that they had been told was clearly marked should be noti£ied that there's been ~~~ MINUTES OF MEETING, MARCH ~9, ~973 - 9~00 A.M. (CONTINUED) DEVELOPER'S CONSIDERATION (CONTINUED) - ~ Mr. Vaughan stated that it had been his understanding that they were going to remove all discounts, that it was illegal to have any kind of discount. Mr. Fox stated that he wanted to make clear that you could use an,y kind of discount you wanted to arrive at Fair Market Va1ue in evaluating propert~; but, orice you arrive at a Fair Market Yalue figure without regard to the method employed in arriving at that figure, then no flirther discount is permitted. Mr. Fox explained that the way this issue came up was the fact that a piece o£ pro- perty was sold and doubled in value because•-of the identity of the new owner as opposed to the identity of the £ormer owner, which he stated is not correct and cannot be done. ~lxrther, that the very name that has been used, Developer's Consideration, is a discount that was theoreticall~r applied to the property of a type of owner and that that developer by virtue of being a developer is not entitled to any discount on his taxes under the law. Mr. Fox stated that this is an entirely different thing from the appraisal procedures o£ appraising property and that it is perfectly legal £or the appraiser to use a system of discounts to arrive at a true market value. Once Fair Market Value is arrived at; however, a discount is not permitted to someone by reason of his being a developer. Mr. Vaughan asked Mr. Fox if they went back and made changes in cards that had Developer's Consideration on them, would they have a legal basis for doing so from what he knows at the time. Mr. Fox stated that i£ the Tax Department says that this discount was the result of the Deve3oper's Consideration that he believes that they are entitled to remove it. If the Tax Department does not make that statement and does not lrnow that this was the Developer's Con- sideration, then he does not believe they can remove it. After some discussion regarding notifying those people that were clearly not developers that their evaluation would not be changed and they would not have to go through the pro- cess of appealing and being heard, Mr. Fox stated that once the tax bill has been sent, then the abatement must occur either before the Board o£ Commissioners or the Board of Equaliza- tion and Review. But until that bill is rendered, any mistake (clerical, in addition, etc.) can be corrected by Mr. Powell's office. Mr. L. Powell stated that he did not concur with this completel9. He stated it was his understanding that once the Board of Equalization and Review begins their sessions that he could no longer make an administrati.ve change. He stated that the bill would not have to have been mailed once they had set the values for the year. Mr. Fox concurred with Mr. Powell's interpretation. Mr. Herbert Fislier, President of the Ta~cpayers Association, stated that the Board, this morning, could authorize Mr. Powell to go throu$h and change those people who were erroneouslq notified of a tax evaluation change that did. not have Developer's Consideration. A short recess was called for Mr. Vaughan to get the minutes from the meeting of February 26, ~973- The meeting reconvened arid Mr. Vaughan read the motion from the minutes o£'February 26 as follows: -~~.,"Mrs. Wright moved, seconded b~ Mr. Powell that the Developer's Consideration be removed. Motion carried unanimously, four Commissioners present voting "Aye". Mr. Vaughan asked the record show that, in the opinion of the Board, Mr. Ha11 would have voted "No" had he been present according to his past sentiments." (Ftrrther reference to this quote is contained in the Minutes oY March 5, ~973•) By common consent, the Board recognized that they had specified Developer's Consideration and that their instructions had been misundeTStood '6y the Tax Office and reguested a correction. ADDITIONAL UAI~UE - J. M. FIELDS. INC. Mr. Vaughan asked if there were a representative from J. M. Fields in the room and asked Mr. L. Powell iY they had been notified. Mr. Powell stated that they had been notified that it would be taken to the Board if he did not receive a listing within 5 days of his letter to them dated February 23rd. He stated that he had had no reply £rom any correspondence to them. Mr. Hall moved, seconded by Mr. Powell, that inasmuch as J. M. Fields had been duly noti- fied, that the inventory as determined by Mr. L. Powell be placed on the property. Motion carried unanimously. REZIEF OF TA7~S FOR GRAYSTONE GAI,LERIES? INC. - Mr. Powell, Tax AdministratAr, stated that this was property that trans£erred from exempt status to a taxpayer prior to July 'ist; and, according to the statutes, he was required to place it on the tax books £or '1972• He stated that Graystone Galleries was requesting that they pay only half the taxes as they only had possession of the property for half the year. Mr. Fox_stated that, in his opinion, Mr. Powell was correct in that the statute does re- quire property be placed on the books £or the entire year and that he did not believe the County would have the authority to make an abatement. ~ES~. MINUTES OF MEETING, MARCH 19, ~9~3 - 9~00 A.M. (CONTuvur.D) RELIEF OF TA~S FOR GRAYSTONE GAI~LERIES. INC. (CONTINUED) - Mr. Gorham, Counselor for Graystone Galleries, stated that Graystone Galleries purchased the old American I,egion property on the intersection of Dock and Third on June 22, '1972• This property had been owned by the American Zegion, Wilmington Post '10, for 28 years prior to that time. During that time, he stated, the property generated no tax revenue. He stated that it was by a period of only one we.ek that the property was put on the tax books, taxes levied as of January 'Ist. Mr. Gorham stated that he knew there was no intent to penalize Graystone Galleries for purchasing the property and that he had worked closely with Mr. Powell who was following the 1aw as he understood it. He stated, however, that as a practical matter the practical result is punitive in that property that formerly generated no taxes is now on the tax books at a very sound tax appraisal and would be generating tax revenue for many years in- to the f~ture. Mr. Vaughan asked Mr. Gorham if he could see any way legally that the Board could take the reguested action inasmuch as Mr. Fox had expressed the opinion that it eould not. ' Mr. Gorham stated that he could find no cases. He stated, however, that it was his in- terpretat'ion that under the general power of abatement and review that the Board has under the statute that it could allow the abatement. He stated that he felt that the Bosrd would not be allowed to review a matter like this if it could not take some action. ' Mr. Fox stated that in his opinion the Commissioners did not have the authority to make any abatement of taxes. Mrs. Wright asked Mr. Fox to comment on Mr. Gorham:'.s letter to Mr. Powell, which said that "although the tax assessment for the year '19'72 is technically for the £iscal year be- ginning July 'I, '1972, and terminating June 30, ~973•~~ She asked that if that were the case, then they would own the property for that whole fiscal year and the taxes they would be paying would be £or the entire fiscal year that they owned the property.' Mr. Powell, Tax Administrator, concurred with Mrs. Wright's interpretation that the taxes are levied for the fiscal year but levied as of January 'Ist. Mr. Fox stated that this issue will continue to come up but that the law is exactly as it is and there was no way the Board could abate the taxes. Mr. Vaughan stated that.the Board would welcome Mr. Gorham back if he could find some- where in the law that would permit the Board to make this abatement. He stated that the Board was sympathetic but, at the present it would seem that there was nothing the Board could do. Mr. Davis moved, seconded by Mr. Powell, that the Board abate the penalty and the inter- est, abatement o£ interest bein~ contingent upon whether it is in the Board's power to do so. Motion carried unanimously. ~,~•1•r.~vSION OF TIME FOR TAX FORECLOSURE - Mr. Carr, representing Robert F. Gaines, stated that Mr. L. Powell had brought a tax suit~against Mr. Gaines for back taxes. He stated that Mr. Powell had extended the time for him one other time to catch taxes up. Mr. Carr stated, however, that Mr. Gaines is trying to acquire a title from his tenants in common.: He stated flirther that they are going to brin~ a petition in proceedings in which he could buy the property and the judgement would provide that the taxes be paid from the proceeds of the sale under this proceeding. Mr. Carr re- commended that i£ the Board does issue an extension of time that it be worded in such a way that if Mr. Powell does not think things are proceeding in due course as they should that he could go ahead and call the property under his tax judgement. In a discussion, it was determined that the County had previously agreed to let Mr. Gaines hold this property if he agreed to pay the taxes £rom ~95'7-~963, which would keep the County from losing these back taxes because o£ the statute o£ limitation. It was further de- termined that the County is protected back to ~957• Mr. Powell, Tax Administrator, recommended that tbe Board allow this postponement as he felt the County would be better off to work with Mr. Gaines and get the tax money rather than foreclose and sell the property. Mr. Hall moved, seconded by Mr. Davis, that the request for extension of time on this tax foreclosure be given 90 da~s from Niarch '19th with the provision that if at any time it seems proper haste is not being made in the settlement that Mr. Powell would have the authority to go ahead and precipitate action. Motion passed unanimously. ABATEMENTS AND REruivLS_:,- ~ Mr. Powell, Tax Administrator, presented the following abatements and refunds: ~ "The following taxpayers listed personal property in Wilmington Township and were charged City taxes. Reguest the City taxes be released as the per- sonal property is not in the City limits. 'I. Mr. Silas E. Watkins ~ 9$•~0 2. Mr. Edward Striclcland 'IS•5~ 3. Mr. D. R. Hall ~9•$~ ~ 4. Mr. David G. Martin 'I4•'19 5. Mr. James G. Gurganious '1.20 6. Mr. Allen E. Dail 40.68 ']. Mr. Robert D. McReithan 30.60 8. Mrs. Helen L. McReithan 4.20 , ~~~ MINUTES OF MEETING, MARCH '19, ~973 - 9~00 A.M. (CONTINUED) ABATEMENTS AND ttr;r uivliS ( CONTINUED )- Request the following taxes be abated as the taxpayer listed on regular listing and supplement listing. 'I. Mrs. Dorot}~p M. Fountain $ 22.82 2. Mr. J. A. Tew 7~.20 3. Mrs. Phyllis B. Knowles 'I'].54 4. Mrs. Laura S. Johnson 62.39 5. Mr. Wilbur P. Matthews 3'1•95 ' 6. Mr. A. F. Grimstead 20.94 ']. Mrs. Audrey B. Reiner '1.58 8. Mrs. Mary Martin 84-59 9• Mrs. Mae W. Elkins 3'I.'14 '10. Mrs. Gwendolyn C. Croom 95•52 Request the following Carolina Beach Taxes be released as the personal property is not located in Carolina Beach. 1. Mr. Henr~ E. Massenburg '78.2'I 2. Mr. Jerry T. Norris 34.39 Reguest the following taxes be released as the personal property was mispriced by the clerical staff. 'I. Mr. Donald Steele '10.45 2. Mr. William H. Marsh 276.85 (1968) 3. Mrs. Mary B. Dowless '16.9~ 4. Mr. James N. Houser 279•$7 Reguest the £ollowin~ taxes be released as the real estate was double charged. ~. Mr. Willi.am H. Marsh 343.84 ('1968) 2. Mr. Walter D. Ross 8.91 (~969) 3. Mr. M. H. Gui'fey 387•92 C'1968) • 4. Mr. William Hill 27•30 (~95$) Reguest taxes be released for Park Avenue Baptist Church for 197~ as the property was used for church purpose, $82.98• Request taxes be released for Mrs. Mildred Hooks for '1970 and '197~ as the acreage was charged without cheeking the map, $36.26. Request dog tax of $2.00 be released £rom Mr. Duncan P. Niven as error in listing, does not own dog. Request the following taxes be released as taxpayer listed in this State through error. ~ 'I. Mr. William D. gassens, Jr. 2. Mr. William C. Brookbank 36.32 54. 54 ~~ Mr. Fia11 guestioned the Board's legal authority to go back beyond a two-year period to make an abatement or re~nd. Mr. Z. Powe11 stated the refund is spelled out at two years for an abatement he thought ~ou could go back but that he wanted an opinion from Mr. Fox on this. Mr. Fox stated that he believed that there is a limitation on abatement. Mr. Hall moved, seconded by Mr. Powell, that the refunds and abatements be made in accordance with the 1aw. Motion carried unanimously. RELIEF OF TA%ES - HOUSING AIITHORITY - Mr. Powell, Tax Administrator, stated the Tax Office had been requested relief of taxes on four pieces of property the Housin~ Authority had acquired; that they were in the process of condemning the property and gaining title to it at the time that taxes arose on this property. He stated that one piece of property, in particular, is still in the name of the taxpayer who has not actually transferred to the Housing Authorit~; therefore, this piece would have 1973 taxes. Mr. Fox agreed with Mr. Powell that this relief could not be made,since the property was bein~ held be a taxpayer as of the first of the year. Mr. Fox stated that he would be glad to go over each proceeding if Mr. McClelland would send him copies of a11 the items which were involved. ~e~~~ MINUTES OF MEETING, MARCH '19, ~973 - 9~0o a.M. (CONT.uvu~D) RELIEF OF TAXES - HOUSING AUTHORITY (CONTTNUED) - Mr. McClelland stated that condemnation procedure is somewhat complicated and that in the case of the first piece (Mattie Woods and husband, Block 242, Pt. EM5), this had to be turned over to a special master, Lloyd Elkins, whom Mr. McClelland sta~ed had done a good ~ob and made a report and this report was filed with the CZerk instead of the order. He further stated that there was some confusion there at that time and the order which is called Yor in the law was never recorded. However, he stated that this property has been in their possession £or three years and the Authority is being asked to pay taxes on property that has been in their possession for three years. Mr. McClelland stated ~hat on the three remaining pieces oY property (Adrian Henry, Jr., and wife, Block 228 WM 1/2 Pt. 3; Lubreta M. Gregory etal, Block 228, E End 2/3; and Batherine E. Moore, Block 229 EM ~ Pt. 2) that there had been agreement although he could not find where there had ever been anytbing in writing. He stated that these three were brought in ~g69 and tha~ all. taxes through 1969 had been paid; but, due to the mass of them that the :Au~hority had at that time, they could not get them settled until February and one in March of '1970. However, he stated that there had been an egreement with someone that the Authority would not have to pay ~9']0 taxes on these properties. He stated he could not find anything in writing on this; however, he said that ordinarily tfley would have collected what the occupied months were from the owner from what they paid them and then they would have paid the balance. Mr. Fox stated that a1Z £our actiotts would have to be denied as he sees it, that no abatement could be made. Mr. McClelland stated that there are some that were abated. Mr. Vaughan expressed the Board's appreciation to Mr. McClelland for coming be£ore them, stating he would hear £rom them promptly. REMOVAZ~ OF LISTING PENA7Ji'Y - - Mr. Powell, Tax Administrator, presented the following requests for removal of listing penalty: "Mr. J. C. Iiill has requested listing penalty be removed from Block 4 SE 'I/4 5 NE 'I/4 6 SE 6 as he had listed a11 other property on time and thought he had listed this. Pena2ty $25.41. "Mr. M. A. Todd has reguested listing penalty be removed from Block 12 Pt E M ~, Carolina Beach as he had mailed the listing; however, it was never received in this office." Mr. L. Powell stated that if they had been placed in the mail the Board, in the past, had recognized this as the ta~cpayer making his effbrt to get them listed and the penalty had been relieved. Mr. Fox stated this was correct and the penalty had been £orgiven pending getting an affidavit to the effect that a timely mailing had been made. It was determined that there was no affidavit and that the gentlemen had asked the Tax Office to present this for them to the Board. Mr. Hall moved, seconded by Mr. Powell, that upon presentation o£ the proper affidavit that they be relieved of this responsibility. Motion carried unanimously, RENTAI~ ON FORECI,OSED PROPERTY - Mrs. Wright read hers and Mr. Larry Powell's recommendations for rental on foreclosed property from her letter to the Commissioners of March 6, ~973> as follows: "Whenever rental property is foreclosed for taxes, the County Auditor should notify the tenant that the County now owns the pro- perty and that future rental payments are to be made to the County Auditor. Notice to the tenant should also include reference to the £act that the County is in the process of trying to sell the property and that when a sale is consummated, tenant wi11 be gsven thirty (30) days' notice to vacate the property. We also recommend that the County Auditor send a bill for rent due each month inasmuch as most cases of this nature will be ones which will require this type prompting in order to collect the rent. (It would be well to note that the case mentioned in Mr. Larry Powell's letter of January 3'I, '1973, to Mr. L. 0. Bowden should be billed for rental due since January ~, ~973.)" Mrs. Wright moved that these recommendations be accepted. Mr. Hall seconded the motion with the understanding that i£ it gets to the place where it looks like it's complicated that Mr. Ross would come back to the Board. Motion carried unanimously. APPROVAL OF LEASE PREPARATION FOR ADDITIONAI, OFFICE SPACE AND PURCHASE OF USED CARPET AND DRAPES FOR THE DISTRICT ATTORNEY - Mr. Cobb, District Attorney, reguested the Commissioners to give Mr. Fox the authority to prepare a lease for additional office space being vacated by Integon in the Peoples Savings & Zoan Building for a three-year term as of the first of Ma~, ~973• Mr. Hall moved, seconded by Mrs. Wri~ht, that Mr. Fox be given authority to prepare this lease. Motion carried unanimously. Mr. Vaughan determined that the Board had approved the purchase o£ carpet and drapes from Integon at their regular meeting on November 20, '1972. Mr. Ross, County Auditor, verified that an appropriation had been provided for at the time the purchase had been approved. Mr. Vaughan asked Mr. Cobb to notify Integon that the County would de£initely purchase the carpet and drapes. ~ ~~~~~ MINUTES OF MEETING, PIARCH '19, ~973 - 9~00 A.M. (CONTINUED) APPROVAI~ OF LEASE PREPARATION FOR ADDITIONAL OFFICE SPACE AND PURCHA.SE OF USED CARPET AND DEAPES FOR THE DISTRICT ATTORNEY (CONT.uvur~-) - Mr. Cobb stated that he would notify Integon and, at the.appropriate time,.would ask them to submit a bill to the Board for these items. DISTRICT ATTOttiv~x'S OFFICE - TRANSFER OF FUNDS - • Mr. Cobb, District Attorney, requested the Board approve the transfer of ~3'18.50 from Unanticipated Revenue Court Facility Fees to the Court Facilities F1~nd. Mr. Cobb stated that this was money spent in getting a witness from out of the state and getting £ingerprints from Washington for one burglary/rape case. 17.r. Cobb stated that in both instances, as the Board was not meeting, Mr. Montague of the Administrative OfPice of the Courts was asked if he had any objection to this money coming out of the Court Facilities Ftiind, and he stated that he did not have any objection but that it iaould have to be approved by the Board. Mr. Hall moved, secqnded by Mr. Davis, that the Board approve this transfer and that in the f~ture Mr. Cobb be allowed to make such expenditures at his discretion because o£ the urgency that would sometimes be required. Motion carried unanimously. RE~UEST FOR r~uivyS FOR DISTRICT ATTORNEY'S OFFICE AS A BUDGET ITEM - Mr. Cobb, District Attorney, reguested a contingency fund for office furniture for the new office space. After a brief discussion, Mr. Vaughan recommended that Mr. Cobb discuss the possibility o£ a contingency fund and capital Pund Por the District Attorney's Office as a budget item with Mr. Ross, County Auditor. APter a short recess, the meeting reconvened. SUBDIVISION PLATS - SECTIONS 3 AND 4, QUEEN'S POINT AND SECTION 2, SHEARIN HILLS - Mr. Mallory, Planning -irector, submitted these plats to the Board, asking that they authorize the Chairman to sign them in order that they could be recorded. He stated that this was the recommendation of the Planning Commission Subdivision Review Committee. Mr. Mallory stated that there is a provision in the County Subdivision Ordinance that a developer ma~ record 25 lots without any improvements being installed but, before he can record the next section of 25 lots, he had to do a certain Level of improvement. In the case of Section 4, Queen's Point, Mr. Mallory submitted a certified check in the amount of $500 posted by the developer for necessary improvements in Section 2-B, Queen's Point. He asked the Board to accept this guaranty from the developer ~hat these improvements would be made and, on this guaranty, to authorize the Chairman to sign the plat for Section 4, Queen's Point. Mr. Mallory stated that Mr. Fox had seen the check and was aware of the procedure. Mr. Hall moved, seconded by Mr. Powell, that the Board accept for the Auditor the check to cover the monumentation procedure and'that the Chairman be authorized to sign the two plats for Queen's Point and the one £or Shearin Hi11s. Motion carried unanimously. Mr. Vau~han, Chairman, signed the plats. REZONING OF TOWN SQ,UARE SHOPPING CEPTTER PROPERTY - i°ir. Mallory, F'lannin~ Director, presented £or the Board's signature an ordinance re- garding rezoning of property on Wrightsville Avenue known as Town Square Shopping Center. As the Board had approved this in their regular monthly meeting of January 2, ~973, no action was necessary. (The ordinance had not been ready for the January 2nd meeting be- cause the petitioner had not provi~ed the~~.~ecessary informa~ion to draft it.) The Commis- sioner.s signed the ordinance, with Mrs. Wright abstaining. DRAINAGE PROBLEM IN PIRATE'S COVE SUBDIVISION Mr. Vaughan told Mr. Mallory he had had a complaint £rom a Mr. David Williams in the Pirate's Cove Subdivision that the developer had built new:roads and created a lake by his property due to a low spot and no drainage. He asked Mr. Mallory if there was anything the Planning Commission could do about this liecause the developer had taken no action. Mr. Mallory stated he would check on this. JUVENILE DETENTION HOME - TRANSFER OF FUNDS Mr. Rass, County Auditor, presented a request from the Juvenile Detention Home that moneys that they had received in the general fund as juvenil,e evaluation fees be transferred back to their budget so that it could be used over again for the same purpose. He stated that this amount was some $4z8. He said the money is available and recommended it be transferred. Mrs. Wright moved, seconded by Mr. Hall, that this transfer be made. Motion carried unanimously. COUNTY GARAGE - TRANSFER OF r~uluLS - Mr. Ross, County Auditor, presented a reguest from Mr. Epling, County Engineer, for an additional ~'12,000 to the Maintenance, Repairs and Inventory Accounts at the County Garage. Mr. Ross stated that this money would be available in the revenue account for charges to various departments for maintenance and repair of equipment and recommended that it be trans- ferred. Mr. Ross stated that in prior years this had been charged directl~ to the Health De- partment and the Sheriff's Office but that this year it was budgeted to Mr. Epling's Garage Department to receive as a.revenue and be charged back to them. He stated this is what Mr. Epling is requesting now be done. Mr. Hall moved, seconded by Mr. Davis, that this trans£er be made. Motion carried unanimously. COURTHOIISE AND OTHER BUIZDINGS MAINTENANCE FUND - TRANSFER OF FUNDS - Mr. Ross presented a request from Mr. Epling, County Engineer, for $8,000 for Court- house and Other Buildings Maintenance ~nd, stating that this would have to come.from Con- tingencies. e~ e~ ~~ MINUTES OF MEETING, MARCH '19, ~973 - 9~0o n.M. (CONTINUED) COURTHOIISE AND OTHER BUILDINGS MAINTENANCE FUND - TRANSFER OF'FUNDS CCONTINUED) - Mr. Epling stated this year they have been working on trying to eliminate some o£ the safety hazards and some additional of£ice separations and generally trying to clean up some o£ the courthouse. He stated that in the budget session last year part of his appropriation had been turned down because the previous year they had not used as much as had been appro- priated, but that items were being taken care of as ef£iciently as possible usin~ courthouse staff. Mr. Powe11 reguested more of a breakdown in order to see what the projects are. Mr. Epling stated that they are~simply day-to-day maintenance. Mr. Vaughan advised Mr. Epling that the Board would want him now to present a budget showing what he thought would have to be done during the coming year, realizing that he can- not anticipate everything. Mrs. Wright moved, seconded by Mr. Ha11, that this transfer be made. Motion carried unanimously. Mr. Vaughan reminded Mr. E~iling that he was to contact him in regard to the fence around the generator and also asked him to inspect the lake at Pirate's Cove. M[TSEUM - TRANSFER OF FUNDS - Mr. Ross, Count~ Auditor, presented a request from Gary Eyster, Museum Director, to transfer $600 as follows: $350 - Capital Outlay on Air-Conditioning $250 - Capital Outlay on Renovation to be transferred as follows: ~'150 - '~elephone $450 - Utilities Mr. Ross stated that the Utility Bill had been increased because of the severe weather and that the Telephone increase was due to an increase in rates which carry the alarms to the Police Station and the Fire Department. Mr. Ross stated that the money was availabl~ and he recommended the transfer. Mr. Davis moved, seconded by Mr. Powell, that this transfer be made. Motion carried unanimously. SCHOOLS - TRANSFER OF FUNDS - Mr. Ross, County Auditor, presented the following reguest of transfer from Dr. Bellamy, Superintendent of New Hanover County Schools. FROM CAPITAL OUTLAY Physical Education Eguipment ~29$•68 TO All Purpose Vans 298.68 FROM School Buses 55•5~ . TO Pick-up Truck for Servicing School Buses 55•5~ FROM School Buses 90.16 TO Bus Garage Eguipment 90.~6 Mr. Hall moved, seconded by Mrs. Wright, that this trans£er be made. Motion carried unanimously. JAILHOIISE - TRANSFER OF FUNDS - Mr. Ross presented a request from Mr. Johnson, Jailer, for $'100 for his Stationery and Supplies Bud~et, which was used to buy forms required by the State. He stated that the money is available in an appropriation £or the U.S.O., which has gone out of existence. It was determined that this would leave about $'I,000 in the U.S.O. F1ind after this trans- fer. Mr. Powell moved, seconded by Mr. Davis, that this transfer be made. Motion carried unanimously. ~ ~,~J ~~"''( . Mr. Vaughan informed the Board that la-st week the Sherif£ sent Mr. Johnson, the Jailer, to him in regards to burial of a prisoner ~who died in the courthouse and he had approved the SheriYf's handling this expense of about ~'150 because the family could not a£ford it. By common consent, this decision was approved and it was agreed that Mr. Vaughan should take action of that kind for matters that could not wait. RESOI,UTION TO SELL CAPE FEAR TECH BONDS - Mr. W. Douglas Powell presented the following resolution and moved that it be adopted: ~5~ MINUTES OF MEETING, MARCH '19, ~973 - 9~00 A.M. (CONTINUED) RESOLUTION TO SELI~ CAPE F'EAR TECH BONDS (CONTINUED) - "WHEREAS, the bond order hereinafter described has taken effect, and the Board of Commissioners desires to borrow money £.or the purpose for which bonds are authorized to be issued by said bond order, in anticipation o£ the receipt of the proceeds of the sale of said bonds, as hereinafter provided: NOW, THEREFORE, "BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, as follows: "('1) The sum o£ $625,000 shall be borrowed by the County of New Hanover pursuant to the County Finance Act of North Carolina, for the purpose for which bonds are authorized to be issued by the bond order entitled "Bond Order authorizing the issuance of $3,675,000 Technical Institute Bonds of New Hanover County" adopted by the Board of Commissioners o£ the County on September '18, '1972, in anticipation of the receipt of the sale of the bonds authorized to be issued by said bond order. Negotiable notes of the County o£ the aggregate principal amount of ~625,000 shall be issued for said moneys so borrowed. Each of said notes shall be designated "Technical Institute Bond Anticipation Note". "(2) Said notes shall be dated April 9, '1973, shall be pa~able February 6, '1974, and shall bear interest from their date at a rate which shall not exceed ten per centum ('10'/) per annum. Such interest shall be payable at the maturity of the notes. Said notes shall be signed by the Chairman and Clerk of the Board of Commissioners and the seal of said County shall be affixed to said notes. "(3) The power to fix the rate of interest to be borne by said notes and to determine the denomination or denominations and the place of payment of the notes is hereby delegated to the Chairman and Clerk of the Board of Commissioners o£ the County who are hereby authorized and directed to cause said notes to be prepared and to execute said notes when they have been sold by the Local Government Commission of North Carolina. Said Local Government Commission of North Carolina is hereby requested to sell said notes in the manner prescribed b~ the Local Government Act o£ North'..Carolina." Mrs. Vivian Wright seconded the motion, and the motion was adopted. Those voting for the motion were Messrs. unanimously adopted. Those voting against the motion were Messrs. DISCUSSION OF REVENUE SHARING MONEY - 1'irs. Wright asked Mr. Ross if a second revenue sharing check had been received. Mr. Ross stated that it had been received and was somewhat less than the first one be- cause of the Memphis Rule. , Mr. Hall asked for a run-down o£ the Memphis Rule. Mr. Ross replied that this gives the Governor of the State the power to make the de- cision in the case where counties have a ~% local option sales tax, that he can count that 'I% tax as part of the tax effort of the county or he can. prorate it over the municipalities within the county. He stated that the Governor o£ this State had choses to prorate it over the municipalities, which reduces the tax effort for the county~itsel£ and reduces the county's entitlement and increases the entitlement of the municipalities within the county. Mr. Ross stated further that he has a letter £rom the Local Government Commission to the effect that the county is going to have to indicate to the Treasury Department some- time in April what purposes the revenue sharing money is going to be used for. He stated that they recommend that the governing body give this consideration at the first meeting in April. - , Mr. Ross stated that if too many units use this money to reduce taxes, it could result in its being discontinued because it was not given for that purpose. He said that the sa£est thing to use if for would be major capital improvements where it could be pointed to as a lump sum expenditrure. Mr. Ross said he would advise the Commissioners by memo what the total fund is now and what the second payment was. LOCATION OF PRESILr,iv•1•'S PICTURE - After a brief discussion, Mr. Davie, seconded by Mr. Iiall, moved that the picture of the President be placed to the right o£ the American Flag, that a picture of the Governor be secured and placed to the le£t of the State Flag, and that map'of the County be placed in the center. Motion carried unanimously. Mrs. Ring, Clerk to the Board, was asked to write the governor for a picture. APPOINTMENT OF MEMBERS TO CAPE FEAR COUNCIL OF GOVERNMENTS - Mr. Vaughan asked for volunteers for the two vacant places on this Council, which would be two in addition to Mr. Hall, therefore, fulfilling tY~ Board's total authoriza- tion of three members. Mr. Davis and Mr. Powell accepted appointment to,serve as Member Representatives on the Council of Governments. APPOINTMENT OF MEMBER TO POI,ICY BOARD OF IAWER CAPE F'EAR PLANNING UNIT - Mr. Vaughan read letter from Jerry Ramsey, Planning Director, notifying the Board that New Hanover Count~ is short one member on this Policy '8oard. Mr. Hall related to the Board the problem of the 1aw enforcement man usua119 being present at the meetings when the elected official is usually not there, stating that if the Commissioners want to participate in these appointed boards then the appointed member must take an active part. He said, if not, this type board would be dominated by non- elected appointees. ~~~ MINUTES OF MEETING, MARCH '19, ~973 - 9~0o A.M. (CONTINUED) APPOINTMENT OF MEN'IBER TO POLICY BOARD OF LOWER CAPE FEAR PLANNING UNIT {CONTuvu~D) - Mrs. Wright accepted an appointment to serve on tlu s Policy Soard,.and Mr. Vaughan re- quested the Clerk to notify Mr. Ramsey of this appointment. APIBULANCE FRANCHISE - By common consent, it was decided to defer this discussion until the April 2nd meeting so that either Mr. Thomas Little or Mr. John A. McCloskey could be notified to appear. Mrs. Wright mentioned that there was already a Public Hearing on Rezoning scheduled for 9:30 A.M. at that meeting. Mr. Vaughan extended the Board's apologies to the Ogden Rescue Squad people and to Mr. Hoyle, statin~ that this would be set on the Apri1 2nd agenda at 'I'I:00 A.M. and that ever~ effort would be made to call this item promptly at 'I'I:00 A.M. and that it would take prioritq. DISCUSSION OF WATER RESOURCES CONGRESS - Mr. Vaughan asked i£ Mr. Hall planned to go the Congress this year to be held in Washington, D. C., April 3rd - 6th. Mr. Ha11 stated he did not plan to attend this year but, if anybody could go, it would be well worth the County's money because it serves the purpose o£ separating the wheat from the chaf£ so far as projects the Congress will appropriate moneys for. He said that it has beem important to the County from the standpoint of depth of channels and the lock and dam busi- ness. It was determined that this Congress will be meeting on the same dates as the Legislative Conference and on one of the days o£ the Board of Equalization and Review. By common consent, it was agreed that as there was no one who could attend this year that it should be given serious attention next year so as not to be left out entirely. DISCUSSION OF NATIONAL ASSOCIATION OF COUNTIES MEETING - Mr. Davis stated that this organization is to be meeting in Washington, D. C., April 3rd - 5th. He said they will be meeting with congressmen, hearing speakers from the federal govern- ment and that revenue sharing would probably be covered. He recommended sending someone from the Board. By common consent, it was agreed that, if anyone could attend this meeting, the~ would be authorized to do so. DEMOLITION OF JAMES WALif.ER HOBPITAI, - It was determined in a discussion by the Board that Nir. Hooks had not only breached his contract but was also accepting additional work without respect to his obligation to the County. Mr. Vaughan expressed concern that if Mr. Hooks were taken off the job that there might be legal problems. Mr. Fox stated that if you have a contract with a man and he fails to perform, you are not bound to honor your obligation with him and;;you are at.:liberty to get another contract with another contractor and then to hold the original contractor responsible for the difference in what the project actually cost you as opposed to what it would have cost you had the contract been honored and completed in the first place. Mr. Fox stated that whether or not to take action to cover the difference in the costs would be the Board's decision dependent upon (1) the prospective costs of the litigation, (2) the prospect of having judgement satisfied if one is obtained, and (3) the probability of the litigation's success. Mr. Fox stated that, if the Board decides not to take this action, it should notify Mr. Hooks by registered mail that the contract has been terminated because he had breached it and then enter into a contract with another party for removal of the debris. It was determined that the bids received in January would probably not be good at this time. However, Mr. Fox stated that demolition o£ property is not the type of contract which requires compliance with the formal bid procedures under statutes but could be informal bid- ding with no advertising, which would permit the County to obtain a price and.enter into a contract if the Commissioners felt the price was satisfactory. Mr. Vaughan stated that it would seem fair to him to go to the lower bidder inasmuch as the other bidders now knew his bid. Mr. Fox stated that this could be done without going to the other bidders. Mr. Davis expressed his desire to speak with Mr. Hooks. Mr. Hall suggested that Mr. Davis, Mr. Vaughan and Mr. Powell be authorized to get into a contract with another bidder in the next several da~s after Mr. Davis had had an opportunity to talk with Mr. Aooks. By common consent, it was agreed that Mr. Davis, by the following afternoon, would see Mr. Hooks and try to secure a$25,000 PerYormance Bond, Public I,iability, Worianan's Compen- sation, and I,abor and Materials Bond with a 90-day limitation from the date of supplying the bond; and, that if this bond were secured, the Board would then amend the~contract with Mr. Hooks. If, however, the bond were not secured, the committee that Mr. Ha11 had suggested could take action and contact another bidder. It would then be necessary for trhe Board to appropriate funds for the new contract. ~~~ 1`11~~tu.~r~S OF MEETING, MARCH '19, ~973 - 9~00 A.M. (CONTINUED) COMPIENTS BY COMMISSIONER PETER DAVIS - Mr. Davis stated that his earlier comment that the confidence in the Board was at an all-time low was in reference to planning and the vast turn over in tlie office. He stated, however, that in general he had had a lot of people comment favorably upon the way the Board had handled the business before it. He said that he had heard a lot of comments that this Board is most responsive to the small man and the people of the County. He stated that he did not want the criticism misconstrued as a personalattack on any one member of the Board. ~ DISCUSSION aF COURTHOUSE ELEVATOR - Mr. Epling, County En~ineer, reported that the local elevator people had notified him that their area representative would be in Wilmington in a Yew days and would contact him. DISCUSSION OF MR. SCHWARTZ'S MARCH ~4TH LETTER REGARDING THE STATE SETTING PAY RATES FOR LAW ENFORCEMENT OFFICERS - Mr. Vaughan determined that the Board members had a copy of Mr. Schwartz's letter of March 'f4th in reply to his letter of March 8th, which the Board had requested he write ad- vising Mr. Schwartz that they were a~ainst the State setting pay rates for law enforcement officers in all counties. DISCUSSION OF SENATOR ROUNTREE'S LETTER REGARDING COG - Mr. Vaughan informed the Board that George Rountree had replied to his letter, which the Board had requested he write, expressing great sytnpathy with the Board's feeling about COG. • ' DISCUSSION OF MRS. LISE KING'S APPLICATION - Mr. Vaughan informed the Board Members that Mrs. ging's application is on file for any of them to see. ENCUMBRANCE ACCOUNTING SYSTEM IN THE SCHOOL SYSTEM - • Mrs. Wright stated that at the Board of Education Meeting she had learned.that they were going to ask for $2,000 to set up this system and for an additional full-time employee to operate the system. She said that at the time the Board approved this system, they were under the impression that it would entail no additional costs. Mrs. Wright stated further that she had been told by Mr. Ferrell at the Institute of Government that this system was not mandatory with the counties, although the Local Govern- ment Commission was trying to get the counties to accept it. By common consent, it was agreed that Mr. Vaughan, Mrs. Wright, and any other Board Members would meet with Mr. Ross, County Auditor, and a representative from the School Board the following morning, ,(Tuesday, March 20th) at 8:00 A.M. to discuss this issue. APPROVAL OF SHERIFF'S RE~.UEST TO BE ADDED 3'0 POLICE INFORMATION NETWORK - Mrs. Wright brought up the Sheriff's request stating that he was the last law enforce- men~ agency in the County to be added to the system. She stated that the first year is free, installation free, and after that it would cost $'153.50 a month. Mrs. Wright moved, seconded by Mr. Hall, that the Sheriff's request be~approved. Motion carried unanimously. (Resolution typed on 358-a). • DISCUSSION OF WASTE INDUSTRIEB - Mrs. Wright stated that she would prefer to postpone meeting reguested by Mr. Poole of Waste Industries for March 22nd until after the landfill hearings on April 2nd. She said that it would be premature to meet with Yv.m before approval of the special use permit to discuss costs, etc. By common..conse,t it was agreed to call of the meeting of the communities until the next meeting of the Board of Commissioners. COMh1ENDATION OF Wlivrxr,y SIMPSON FOR SPEAF~R SYSTEM - Mrs. Wright recommended the Board wirte Mr. Simpson thanking him for the beautiful job he had done in constructing the podium and installing the speaker system in the Assembly Room and that a copy of this letter be placed in Mr. Simpson's personnel record £ile. By common consent, it was agreed that this letter be written. LETTER TO THE LEGISLATORS REGARDING ANNEXATION - Mr. Vaughan stated that he would write the legislators stating the Board's feeling that when there is any annexation, the people should have a voice in it and that he would~ indicate that the letter was not meant to refer to any particular action b~ an~ of the gentlemen. ATTaRNEY FEES - By eommon consent, it was decided to discuss this matter privately. DISCUSSION OF USER'S FEE - Mr. Hall asked that this item be placed on the April 2nd agenda. By common consent, it was agreed that before the April 2nd meeting, Mr. Ha11 would determine, through the Aii~port Commission, if Piedmont would start collecting this £ee and that he would get tfie.;Airport Commission to submit to the Commissioners a summary of the new costs with which the County is faced. DISCUSSION OF WATERFRONT PROPERTY - Mr. Da vls recommended that the Board advise the three State Legislators that they are against putting the care and maintenance o£ all waterfront in the Countq under the State's jurisdiction. Mr. Fox stated that the viewpoint they have taken in Raleigh is that this land is not owned by private individuals and that the State has the right to control all of the marsh. He stated that, if this is the case, it would remove alot o£ land from the tax base. No action was taken by the Board. 358-A MINU3'ES OF MEETING, MARCH ~9, ~973 - 9~0o A.M. (CONTINUED) APPROVAL OF SHERIFF'S RECUEST TO BE ADDED TO P~LTCE INFORMATION NETWORK (CONTINUED) - "Resolution Passed by the Board of County Commissioners of New Hanover County, North Carolina The following resolution was offered by Sheriff Marion W. Millis and a motion was made by Commissioner Vivian S. Wright that it be adopt- ed, this motion was seconded by Commissioner J. M. Hall, Jr., and upon being put to a vote, V~as unanimousZy carried; Wf~REAS, the North Carolina Department o£ Justice Police Informa- tion Network plans to make available to law enforcement agencies and other appropriate agencies of the State through the use of a centralized computer system various information now available or to be developed essential to the efficient operation of said agencies such as, but not limited to, information contained in the Department o£ Motor Vehicles' files, information contained in the National Crime Information Center, in£ormation contained in the State Bureau o£ Investigation's files, Department of Corrections'files, and information from local law en- forcement agencies by the installation o£ a Police Information Net- work terminal in the Sheriff's Department of New Hanover County for a period of one year provided ~he Sheriff of New Hanover County agrees to £urnish a proper site £or installing such terminal, and the necessary personnel to operate said terminal, and further agreestto assume the rental cost of such terminal at the end of one year Prom the date of instaZlation; that said installation of a Police In£ormation Network terminal is considered to be most necessary to the preservation of law and order and the promot4on of public safety ivithin New Hanover County; and WI~REAS, the North Ca~olina Department of Justice Police Informa- tion Network and this County have agreed as follows: (A) The North Carolina Department of Justice Police Tnformation Network will install and maintain for a period of one year a terminal connected to the Police In£ormation Network System and also train opera- tors selected and paid by the County to operate such terminal. (B) The County sfi&11 furnish a proper site for installation of a Police Information Network termina2 and aZso ~rnish personnel to operate said terminal. (C) The County shall include maintenance) o£ the the amount of ~~53.50 (per of installation thereof. assume the rental cost (which cost shall Police Information Network terminal in month) beginning one year £rom the da~e NOW, TAEREFO&E, BE TT RESOLVED that the installation of a Police Information Network terminal be and it is hereby formally approved by the Board of Commissioners of New Hanover County, North Carolina, and that the Chairman of the Board of County Commissioners (or County Manager) of this County be and they are hereby empowered to sign an@ execute the reguired Agreement between this County and the North Carolina Department of Justice Police Tnformation Network. This Resolution was passed and adopted the '19th day o£ March, '1973•`~ ~ ~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