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1973-06-18 Regular Meeting4~~ MINITTES OF MEETING, JUNE ~8, ~973 - 9=0o A.M. ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, Uune ~8, ~9~3, at 9:00 A.M., in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis, J. M. Hall, Jr., W. Douglas Powell, Vivian S. Wright; Chairman M. H. Vaughan; County Attorney, James C. Fox; and Clerk to the Board, Lise K. %ing. - Chairman Vaughan called the meeting to order. Rev. J. A. Humphrey of the Mt. Olive A.M.E. Church offered the invocation. APPROVAI, OF MINiTTFS: REGULAR MEETING, JUNE 4, '1973 Commissioner Wright requested the following additions: On Page ~, third para~raph under ponation for Hostin~ State Highwa~ Commission: "Mr. Reagan gave his assurance to Commissioner Wright that no County funds would be spent for alcoholic beverages." On Page '13, under Cost of Copies of the Bud~et: "Commissioner Wright stated that she felt the $30 charged the previous year for a copy of trhe bud~et was excessive." Commissioner Powell moved, seconded by Commissioner Hall, that the minutes of June 4, ~973, be approved as amended. Motion carried unanimously. gPPROVAL OF MINUTES: SPECIAL PTEETING, JUNE 7, '19'~3 (:hairman Vaughan requested the following addition: "A committee was appointed of Commissioners Davis and Powell to determine whether architects in the community would en~age in design competition for the construction of the jail, courtroom and related facilities building." Commissioner Powell moved, seconded by Commissioner Wright, that the•minutes of June 7, ~973, be approved as amended. Motion carried unanimously. RE9UEST FROM BRIGADE BOYS' CLUB Mr. Charles F. Green, t'resident oY the Brigade Boys' Clul~ appeared before the Board along with Mr. John G. Ormsby and Mr. William H. Montgomery to request a commitment of $50,000 from Revenue Sharing funds for construction of a new clubhouse in the areas of Sunset Park and Long Leaf Homes. Commissioner Hall moved, seconded by Commissioner Powell, that the iudividual members of the Board make the commitment that they intend to appropriate $50,000 from the amount of Revenue Sharin~ funds that would .be received after Ju19 'I, ~973- In discussion, it was determined that the City of Wilmington had ~iven their intent to match what the County would donote;therefore, it was-decided to handle this matter at the meeting between the City and the County on joint fundings. Commissioner Hall withdrew his motion. Chairman Vaughan stated that, when the motion was made to allocate these funds, the motion should include the statement that the Commission did not intend to provide operating funds for the clubs. The representatives of the Brigade Boys' Club, Mr. Green, Mr. Ormsby and Mr. Montgomery, said that positively in the future, they would not come to the Com- mission for operating £unds Yor the Boys' Club. REA.UEST FROM SE6GATE SADDI,E CLUB Mr. I,ewis Tartt, Y~resident of the Seagate Saddle Club, appeared liefore the Board to request permission to use t}ie horse arena at High MacBae Park in return for maintenance and improvement o£ the arena. Mr. Tartt stated that they had four horse shows a year; two in:.the spring and two in the fall, and, because of the expense involved, they would request that these four dates be guaranteed to them in return for the maintenance and improvement work that they would do. He also mentioned that the Junior Borosis would :be needirig a place to have their money-raising shows and they too would benefit from the improvements to the arena. Chairman Vaughan requested authorizatiori to contact the Cape Fear Horseman's Club, since there~ihad been a similar agreement with them, to make sure it met with their approval. Mr. Tartt asked if there would be any objections to fencing a portion around the arena to prevent horses from going on the highway in the event one got loose. Commissioner Powell stated he felt that this would be aeceptable if it were a rustic type fence in keeping with the Park. Commissioner Davis stated that his onl~ concern was that there would be signs insin- uating that this was the private domain of the Seagate Saddle Club as it was a public park. Commissioner Hall stated that the dates requested by the Seagate Saddle Club should be made known to the County Commissioners' 0£fice far enough in advance so as not to pre- clude the use of the arena by someone else. It was also determined that the arena would be maintained in a safe and good manner or the agreement would be cancelled. Commissioner Davis stated that any new wiring or fencing should be cleared through the County Manager. Chairman Vaughan stated that he would put in the memorandum that the fence would be cleared by the County Manager after discussing it with the County Chairman. ~~~~ MTNUTES OF MEETING~ NNE '18, ~973 - 9~00 A.M. (CONTINUED) REQ,UEST FROM SEAGATE SADDLE CZUB (CONTINUED~ Chairman Vaughan stated triat the seagate Saddle Club must understand that cir- cumstances either beyond the control of the Board or arising and causing the Board to feel they had a higher priorit9 could result in the Board cancelling the agree- ment. Commissioner Powell moved, seconded by Commissioner Davis, that this agree- ment be approved subject to the Commissioners reviewing a memorandum that the Chairman would write to the Seagate Saddle Club and subject to the Chairman's consulting with the former principals of the Cape Fear Horseman's Club. Motion carried unanimously. . REPORT FROM REGISTER OF DEEDS O1V I,ISTING PROBLEMS (:riairman Vaughan delineated the first problem as being that eople were not complying with tY~e;law in the amount of stamps placed on deeds. ~A $'I.OO:~stamp for each $1,000 paid for the property was required by law.) He asked the County Attorney if signature on a form stating the individual's understanding that the law required so many stamps for so much value and that not to comply with this law constituted a misdemeanor could be made mandatory. Mr. Fox stated that he would review this with the Attorney General's o£fice and report back at the July 2, ~973, meeting. Chairman Vaughan delineated the second problem as incorrect addresses, which caused a hardship on the Tax Department in getting tax abstracts mailed out. He asked if it could be included on the same form.a statement of the address of the owner of the property and state, also; that,"if this were not furnished, the-pur- chaser of the property should understand that it would be dif£icult to be mailed a tax abstract. Commissioner Davis stated that attorneys handle so many of these transfers and are given "x" amount of dollars by the person who wants the property trans- ferred not knowing, perhaps, the true value of the property. He stated that these attorneys would be perjuring themselves unintentionally by signing the form. Mr. Fox stated that, as far as the attorneys were concerned, it would be no problem, if they were representing someone acquiring property, to sign a statement as to what the price was. - . Chairman Vaughan moved, seconded by Commissioner Powell, that the County ~ Attorney be asked to provide a form that would allow the Register of Deeds to notify persons in appropriate transfers that it is a misdemeanor not to put the proper amount of stamps on the legal document involved and to include on this £orm a statement that persons not providing proper addresses might have difficulty with respect to receiving a tax abstract. Upon vote, motion carried as follows: Voting A~e: Commissioners Davis, Hall, and Powell and Chairman Vaughan Voting Noe: Commissioner Wright DRAINAGE DITCH PROBLEM IN TANGI~WOOD SUBDIVISION Commissioner Davis stated that he had spent some time with Mr. Keith Oates of the State Health Department and Mr. Richard Epling, County Engineer, going through the di£ferent drainage ditches and had been shown a number of places where there would be a problem in two or three years as serious as Deputy Busby's. He expressed his feeling that, if the County went on record as fixing Deputy Busby's ditch, it would have to £ix every other one in the County. Commissioner Powell stated that he £elt that this could be.delineated down to where the Health Department had gone in and caused the trouble. Commissioner Wright stated that she felt the Commissioners were responsible for what the Health Department did and, iP they caused damages, she did not see how the County could avoid fixin~ them. Commissioner Hall stated that if it were definitely decided that this was caused by improper actions of one of the County's agencies, amends would have to be made. Mr. Fox, County Attorney, stated that it had always been included in the draina~e £orm that the landowner released the County from any and all damages that might result from the Board of Health's going in that property. He stated that if the agreement had been executed, it would eliminate the County from a legal obligation. Mr. Fox stated further that, if the County wanted to assume the obligation to make some repair, it could do so. He stated, however, that he would not want the County to take the position that it was legally responsible for every develop- ment that occurred by reason of the mosquito control program. He stated he £elt the County should continue to include sn its drainage form a statement to the effect that the landowner released the County from all damages. By common consent it was agreed to ask Mr. Epling to contact the Health Department and work out a plan preventing damage to Mr. Busby's house and report back to the Board at their meeting on July 2, ~973. , ~c)'r1 MINUTES OF MEETING, JUNE '18, ~973 - 9:0o A.M. (CONTINUED) ROAD PETITION - ACCE6S ROAD TO PROPOSED SANITARY I~ANDFILL Upon motion by Commissioner Wright, seconded by Commissioner Powell, the following resolution regarding S.R. 200'I was unanimously adopted: "S.R. 200'I Section or road connectin~ Hwy. 42'I N with SR '134']. Also l~own as Second St. and Fleming St. in the Flemington area. At the present time this road is graveled. WHEREAS, the Board of County Commissioners of the County of New Hanover has investigated the condition of the above described road which is now a part of the system of roads maintained by the State Highway Commission, and which is indicated in red on the attached map; and . tJf~REAS, after careful consideration of the services rendered by said road and the traf£ic demands o£ said county, it is deemed neces- sary that said road be improved in order to better serve the interests of the people of this county. NOW~ ~1~1'7M.HM~H"ORE~ be it resolved, and the Board of County Commis- sioners hereby approved and request that the State Highway Commission make the following improvements in the above described road: To pave a minimum of 20 £eet travel way to provide adequate ingress and egress for the proposed sanitary landfill, which will serve the entire County." DISCUSSION OF WA,STE INDUSTRIES~ INC. Commissioner Dayis reported that, after studying everything, he felt 602 per cubic yard was a fair rate rather than the 752 asked by Waste Industries. Mr. I,onnie Poole, President o£ Waste Industries, stated that he had proposed 75¢ per cubic yard because he felt this was a reasonable volume to expect and that, if he were wrong in his projections, he would be willing to negotiate downward. Chairman Vaughan moved, seconded by Commissioner Hall, that the rate of ']5¢ be accepted July 'I, ~973, ~til the end of November, ~g~3, and that it would be examined over .the five- month period. Chairman Vaughan requested that Mr. Poole make an agreement with the Commission that he would prorate all expenses and start doing bookkeeping as of July 'I, ~973, Upon vote, motion carried unanimously. POSTPONII`1ELVT OF AIRPORT SECURITY FEE ORDINANCE Commissioner Hall moved, seconded by Commissioner Powell, that adoption of the Airport Security Fee Ordinance be postponed until the last meeting in July, ~973. Motion carried unanimously. REPORT FROM MR. ttr.~vxx VON OESON ON WATER AND SEWERAGE t1r. Henry von Oeson made a presentation to the Board on the Engineering Study & Report for Water and Sewerage Systems in New Hanover County.prepared by his firm for the Board of County Commissioners in September, '197~. Mr, von Oeson concluded his presentation with the following suggestions: 'I.) To apply for a planning grant. Iie stated that these funds were available to help people determine the feasibility of regional wateo and sewer work. He stated that plan- ning was also necessary in order to be able to go~the people with an intelligent referen- dum containing all the facts. He stated that these funds would be paid back throu~h the projects if it went through and would not have to be paid back if it did not. 2.) To initiate conversations with the City of Wilmington to work out some type of cooperative affair. 3,) To file for Federal and State grants because of the waiting period. He stated that filing for grants did not constitute an obligation. 4.) To create service districts because of the need to know about how many people there would want the service. 5.) To follow through with the project if it looked feasible and if the people wanted it.~ Chairman Vaughan moved that no action be taked until the arrival of the County Manager. Motion died for lack of a second. Commissioner Davis moved, seconded by Commissioner Wright, that action be taken immediately to get plans underway. Motion carried unanimously. 9PPROVAL OF TFIE NAME "ALEXANDER ROAD" FOR S.R. '1345 Upon motion by Commissioner Davis, seconded by Commissioner Powell, the followin~ resolution approving the name "Alexander Road" for S.R. ~345 was unanimously adopted: ~! ~~~ MINiJTES OF MEETING, JUNE ~8, ~973 - 9~00 ~.M. (CONTINUED) APPROVAL OF NAME "AI,EXANDER ROAD" FOR S.R. '1345 ~CONTIN[TED) "RESOLUTION OF NEW HANOVER COUNTY BO~RD OF CONIMISSIONERS APPROVING THE NAME OF AI~EXAivli~,x ROAD FOR S.R. '1345 WHEREAS: The North Carolina State Highway Commission requires the approval of street names by the Board of County Commissioners prior to posting the name of a~y street. Wf~REAS: The Subdivision in which S,R, '1345 is located (north side of U.S. Highway 'I'7 east of Greenview Ranches) was developed prior to the enactment of Subdivision Regulations by the Board of County Commissioners; consequently, street names within this Subdivision have not been approved by the Commissioners. 1vt~;xs,AS: The street name of Alexander Road is not a duplication of ax~p other street name within New Hanover County as filed in the Wilmington-New Hanover Planning Department as of this date. NOW, Tkr;xr~rORE, BE IT RESoLVED by the New Hanover County Board of Commissioners in Regular Meeting this the '18th day o£ June, '1973, that the name of Alexander Road be approved for S.R. ~345. This '18th day of June, ~973- BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY BY: M. H. Vaughan (s) Chairman ATTEST: Zise K. King (s) Clerk" PACBAGED DIBASTER HOSPITAL Commissioner Powell reported on the packaged disaster hospital in New Hanover County, which was included in supplies and equipment being liquidated by the federal government. He stated that the County had the option of retaining custody of this 200-bed packaged disaster hospital and recommended that the Chairman be authorized to_sign the form requesting custody of the packaged disaster hospital. Commissioner Wright statecl that she would vote for this provided there would be no extra cost to the County; Commissioner Powell assured her that there would not. Upon motion by Commissioner Powell seconded by Commissioner Davis, the Chair- man was unanimously authorized to sign the £ollowing statement: "We are interested in retaining custody of the Packaged Disaster Hospital($) located in our county as a resource for disaster purposes. It is understood that adonation of the PDH(s) would provide full ownership to the county with the authority to de- termine the disaster use of the supplies and equipment. It is agreed, when designated by the state, the PDH(s) is available .: for disas.ter use only in other areas provided there is no existing • need for its services in communities within our jurisd~ication and with the understanding that costs incidental to transportation to and from storage and replacement of damaged and used items are ~ bourne by the state." REPORT FROM COLLECTOR OF REVENUE Mrs. Janie Straughn, Collector of Revenue, presented the following report of coIlections through May 3'i, ~973~ "NEW HANOVER COUNTY TAX COI~LECTIONS COLLECTIONS 'TfiRU MAY 3'I ~ ~973 '1972 I,EVY Reg. Scroll Charges Discoveries To Date Zess Abatements Total Taxes Due New Hanover County Total Collection To Date Outstanding Balance Percentage of Collection 5,355,582.25 ~,055,024.35 'I7,502.~6 6,393.~03.64 6,'I'J4, 343.'14 2~s,76o.50 96.6% '197'I LEVY 5,405,684.48 360,279.03 'I .488.'16 5,74 ;475•35 5 , 488, 4'14.'14 260, 06'I . 2'I 95.4% ~ ~'~ NINiJTE~OF MEETING, JUNE '18, ~973 - 9~00 ~.M. (CONTINUED) REPORT FROM COLLECTOR OF xr.vr~vJE (CONTINUED) '1972 LEVY '197'I LEVY BACK TAXES Real Estate Taxes 436,2'16.30 4~+5,~65.27 Less Abatements 4,279.~+8 2,289•53 Total Collections To Date ~97,87~•~9 'I44,784.'16 Outstanding Balance 234,066.63 298,09~•58 Percentage Uncollected 54.2'~ 67.3'~ Personal Taxes 2'70,93~•59 No Control Zess Abatements 'I20.62 Established Total Collections To Date '14,654.9'I in Prior Outstanding Balance 256,'156.06 Years. Percentage of Collections 5.4% Total money processed through Collection Office for New Hanover County, City o£ Wilmington, Carolina Beach, Kure Beach and Wrightsville Beach, to date ~'I0,345,595•59. This report is £or fiscal year beginning July 1, '19~2. Respectfully submitted, Janie Straughn (s) Collector of Revenue" By common consent, it was agreed that in the future Mrs. Straughn's written report would be sufficient and that she would be called in the event that her presence was need- ed at a meeting. LATE LISTING PENALTY - DR. THOMAS R. MORRIS Mr. Larry Powell, Tax Administrator, presented a request Srom Dr. Thomas R. Morris of Goldsboro for release of a late listing penalt9. Commissioner Hall moved, seconded by Commissioner Powell, that the request be denied. Motion carried unanimously. LATE LISTING PENALTY - REDEVEIAPME[dT COP'II`TiSSIOIQ 1°!r. I,arry Powell, 'Pax 9dministrator, presented a request from Mr. William Lynch, Attorney for the Redevelopment Commission, for release oY a late listing penalty. Commissioner Hall moved, seconded by Commissioner Powell, that this re quest be denied. The £our Commissioners present voted unanimously in favor of this motion. (Commissioner Davis had left the room temporarily.) ABATII"fENTS Mr. Larry Powell, Tax Administrator, presented the following requests for abatements ~ from May '16, '1973, thru June '15, ~973~ "Request the following taxes be abated as they were double listed: 'I. Robert Melvin 2. James E. Green 3. Alice W, Jones 4. Geor~e Byers 5. Ed Jackson $ ~0.38 $ 2.62 (~97~-72~ $% 424.']9 C ~ 950-72 ~ 2.92 (~969) $ 26.87 Request the following taxes be abated as the real estate is owned by religious organizations, and is used for religious purposes: 'I. Pilgrim Rest Church 2. Central Baptist Church ~ 59.25 (~95~-72 ~ 294.33 (~967-72 Request the Carolina Beach taxes charged to Paul G. Allred be released in the amount o£ $29.77. Mr. Allred does not live in the Town Limit.s of Carolina Beach." Commissioner Powell moved, seconded by Commissioner Wright, that these requests for abatements be approved. Motion carried unanimously. SALE OF COUNTY & CITY PROPERTY P1r. I,arry Powell, Tax Administrator, stated that he had received an offer from Mrs. Charles Coursey to purchase Block 280 Part East Middle I, 5'14~Z Bladen Street, of $500 its appraised value. , Commissioner Hall moved, seconded bq Commissioner Powell, that the Tax Administrator be authorized to sell this property at the appraised price after advertising as'outlined in the Policy of Disposal of County Real Estate. Motion carried unanimously. RE9UEST FOR xr.;r~uivli ON FORECIASED PROPERTY Mr. Larxy Powell~ Tax Administrator, stated that property described as Lot Part Freeman had been offered for sale for delinquent taxes and had been sold to Mr. Edward R, Thompson, Jr., for $'I,'100. He stated that, upon issuance of the deed, it was dis- covered that this property was also claimed by Mrs. Betty Fair Scott under the description of Block G, I,ot ~, Seabreeze, and that she had listed and paid all taxes on the property He stated that the Clerk of Court had been petitioned for $83'1.05 and requested $268.95 from the tax refund account in order that Mr. Thompson could be reimbursed. 4 ~~ MINUTES OF MEETING, JUNE '18, ~973 - 9~00 A.M. (CONTINUED) RE9UEST FOR REFUND ON FORECIASED PROPERTY CCONTINUED) ' Commissioner Hall moved, seconded by bommissioner Davis, that $268.95 be taken from the tax refund account for this purpose. Motion carried unanimously. • •~• ENGIivr~,iuNG AND SERVICES - TRANSFER OF' FUNDS Upon motion by Commissioner Hall, seconded by Chairman Vaughan, the following transfers were unanimously approved.from Salaries in the Inspection Department: $ 45 to Telephone Expense ('i'1.458) 65 to Telephohe Expense ('I'1.576) '100 to Power and Lights ('i'1.645) 45 to Telephone F~Spense ('I'1.642) 'I,000 to Power and Lights ('I'1.583) 225 to Trash Collection ('I'1.588) 40 to Lights for James Walker Hospital Site (11.542) ENGIivr.r~tcING AND SERVICES - r.xrr~vLITURE FOR TRACTOR Upon motion bg Commissioner Davis, seconded by Commissioner Powell, an expen- diture of $700 from the Capital Outlay account in Parks and Cemetery was unanimously approved to purchase a tractor from the state surplus for mowin~ County grounds. SOUTHEASTERN MENTAL HEALTH CENTER - TRANSFER OF FUNDS Upon motion by Chairman Vaughan, seconded by Commissioner Hall, the following transfer was unanimously approved for the Southeastern Mental Health Center: $ 200 from Equipment Contracts to Supplies 6,000 £rom Salaries to Professional Fees OFFICE OF PROBATION - TRANSFER OF FUNDS Upon motion by Commissioner Wright, seconded by Commissioner Hall, a transfer of $2,000 £rom the Court Facilities fee was unani.mously approved for expansion of the Office of Probation's present £acilities on the third floor of the courthouse. WII,MINGTON-NEW HANOVER MUSEUM - TRANSFER OF b'[JNDS Upon motion by Commissioner Hall, seconded by Commissioner Vaughan, the £ollowing transfer was unanimously approved: To be transferred from the following: To be transferred to the following: $324 from '1'1.660 Salary Account 55 from 'I'1.655 Janitorial Account ~4 from 'I'1.66'] Water Account ~473 $'147 to '11.6~0 Capital Outlay Displays 257 to '11.663 Utilities 69 to 'I'1.658 Telephone ~473 SCHOOLS - TRANSFER OF FUNDS Upon motion by Commissioner Hall, seconded by Commissioner Wright, the following transfers for the Schools were unanimously approved: ~~9,800 from Wages (63'I) to Water, Sewerage, Electricity and Trash Collection (633) $ 450 from Wages (63'I) to Telephones (635) DEPARTMENT OF SOCIAZ, SERVICES - TRANSFER OF FUNDS ~ Upon motion by Commissioner Hall, seconded by Commissioner Powell, the following transfer from the Salary account o£ the Social Services Department were unanimously approved. ' ' $ ~00 Transportation ('I .422) $ 380 Telephone ('19.412~ $2,500 Travel ('19.4'13) $ 250 Other Contractual Services ('19.407) CAPE FEAR TECHNICAL INSTITUTE - TRANSFER OF FUND6 Commissioner Davis moved, seconded by Commissioner Hall, that a transfer for Cape Fear Technical Institute of $500 from Water-Sewerage-Trash to Telephone be approved. Upon vote, motion carried as follows: ~ ~ Voting Aye: Commissioner Davis, Hall, Powell and Wright Voting Noe: Chairman Vaughan CERTIFICATION OF SERVICE CLAIM - C9PTAIN JOSEPH E JOHNSON . Mr. Yatrick Ross, County Auditor, presented a letter from Mr. Jack Pruitt, Coordinator of the I,ocal Government Employees' Retirement System, to Mr. Joseph Johnson, Chief Jailer of the New Hanover County Jail, stating that in order for Mr. Johnson to receive credit for the period.of time from December 2, '1940, to February '10, ~949, it would be necessary for the governing body to assume, in writing, the liability £or the cost of allowance of this additional credit. Mr. Ross stated that there would be no extra appropriation necessary at the present time and that this would be included in the overall percentage that the County was contributing to the Retirement System. He stated that this would be such a small amount that it would not be noticed. Commissioner Hall moved, seconded by Commissioner Wright, that New Hanover County assume the liability for the cost o£ allowarice of this'additional credit. Motion carried unanimously. ' 43q MINUTES OF MEETING, JUNE '18, ~g'73 - 9~D0 A.M. (CONTINUED) ADOPTION OF REGIONAI, MENTAL HEALTH BOARD Chairman Vaughan moved, seconded by Commissioner Powell, that the concept as presented in his memorandum to the Commissioners of June 'I'I, ~973, be adopted by the Board. This would be a regional board composed of one commissioner from each of the three counties (Pender, Brunswick and New Hanover) and nine additional members as £ollows: 2 Pbysicians 'I Social Worker (ps9chology, social work, nursing or religion) 3 Citizens active in Mental Health (pre£erably one member from the Mental Health Association, one from the Retarded Children Association and one from either the Alcoholism or Drug Abuse Association) 'I Hospital or Area Planning person 'I Attorne~ 'I Other person added to give a divisable total of 9 These 9 members would be divided as follows: two £rom Brunswick County, one from Pender County and six from New Hanover County. Commissioner Wright stated that it had not been made clear to her that New Hanover County would benefit any more under this concept. Commissioner Hall stated that he did not want the Board o£ Commissioners to lose con- trol over the Mental Aealth Board. CommisSioner Powell stated that he was strongly in favor of this program because of the gain of approximately $3'],000 £or the County funds plus having a program large enough to pro- vide more highly qualified personnel as well as a business manager, who should increase revenue for services rendered. ' Upon vote, Chairman Vaughan's motion carried as follows: Voting Aye: Commissioners Davis, Powell and Chairman Vaughan Voting Noe: Commissioners Hall and Wright APPOINTME'NT:., OF COP'II'1ISSIONER TO REGIONAL MENTAL HEAZTH BOARD Chairman Vaughan stated that he would consult with Commissioners Davis and Powell on the appointment of a Commissioner to serve on this Board. Commissioner Wright withdrew her name from consideration for this appointment. Chairman Vaughan appointed Commissioner Hall as the New Hanover County Board o£ Commis- sioners' representative on the Regional Mental Aealth Board. DISCUSSION OF MENTAL HEAI,TH BUDGET ~ Commissioner wright moved, seconded by Commissioner Hall, that the Commission defer any consideration of the Mental Health budget until receiving a regional budget proposal. Mr. John Wilson, Local Mental Health Administrator, explained that the budget proposed would be the same whether New Hanover County had ~one with the regional boasd or not. Commissioner Powell stated that since the regional concept was still dependent upon Pender County's acceptance of it, the Board could approve the bu;dget as proposed; and if the regional concept were adopted by Pender as it had been by Brunswick and New Hanover, then transfers to the new budget could then be approved. ~ Commissioner Hall withdrew his second to Commissioner Wright's motion. DISCUSSION OF AL'lBULANCE FRANCHISE Commissioner Wright stated that she and Commissioner Powell were receiving information from Mr. Fox and would con£er with him before making a recommendation to the Board. Chairman Vaughan stated that, at the proper point ;in the budget sessions, he would make a motion that existing-operating ambulance services in New Hanover County be funded on a proportionate basis. DISCUSSION OF ANNUAI~ CaNVFNTION OF THE NORTH CAROLINA ~iS60CIATION OF COUNTY COMMISSIONERS Chairman Vaughan stated that the '1y73 Annual Convention of the North Carolina Association of County Commissioners would be held in Pinehurst August '16-'19, ~973, and encouraged attendance. WINDEMERE SUBDIVISION PETITION Chairman Vaughan presented a petition from approximately 60 residents of Windemere Subdivision addressed to Mr. Jack Newton and Mr. Paul E. Gregory. By common cons.ent, Chairman Vaughan was authorized to write Mr. Newton and Mr. Gregory stating that the Board had received a copy of the petition and that the Commissioners con- sidered problems such as this to be very serious in the County and that they were taking a direction to provide ordinances to improve the situation. DISCUSSION FOR SECURING A P7~Aivius~x FOR THE AGING IN REGION 0 Commissioner Davis staLed LnaL, in re~ai°3 to . ottin~ham's request of June 4th x for financial support in securing a planner for Region 0£or older citizens, this had been answered in Miss Lela Moore Hall's letter of June '7, '1973, and that as stated in her letter, this service was already being provided in~~New Hanover County. By common consent, it was agreed that Chairman Vaughan would write Mr. Cottingham stating that New Hanover County declined to enter into this venture because it might bring about serious duplications in the County. ~~~ MINiJTES OF MEETING, JUNE ~8, ~973 - 9:0o A.M. (CONTIPNED) DISCUSSION OF SWIMMING POOLS - Chairman Vaughan called attention to the ad that had been run in the paper by the Inspections Department regarding improperly installed electrical equipment around swimming pools and stated that the onl~ comment the Inspections Department had re- ceived was from one company. ~ APPOINTMENT OF MEMBER TO CAUNTY'S OLD RETIREMENT PLAN Commissioner Hall moved, seconded by Chairman Vaughan, that Commissioner Powell be authorized to contact the person talked about at the June 4th meeting, and if she accepted, to let it be known to the press. Motion carried unanimously. EXPANSION OF AIRPORT COMMISSION AND APPOINTMIIJT OF MEP'IBERS Commissioner wright moved, seconded by Chairman Vaughan, that Mrs. H. J. (Audrey) Feenstra be appointed to the Airport Commission. Commissioner Hall moved, seconded by Commissioner Powell, that Mr. Eugene Edwards be appointed to serve a new term. Commissioner Davis moved, seconded by Commissioner Powell, that the Airport Commission be expan.ded to six members and that Mrs. H. J. Feenstra be appointed in the new position and that Mr. ~gene Edwards be reappoi.nted. Commissioner Wright withdrew ~}aer motion. Commissioner Powell withdrew his second to Commissioner Ha11's motion. Upon vote, Commissioner Davis' motion carried unanimously. LEGION STADIUM AGREF~T Chairman Vaughan presented the executed agreement between the City of Wilmington and New Hanover County regarding Le~ion Stadium. "STATE OF NORTA CAROLINA Cvuirrt OF NE4J HANOVER A G R E E M E N T " THIS AGREEMENT, made and entered into this 'I'Ith day of June, ~973, by and between New Hanover Coun.tj*, North Carolina, a municipal corporation, party of the first part, hereinafter referred to as County; and the City of Wilmington, North Carolina, a municipal corporation, party of the second part, hereinafter referred to as City; W I T N E S S E T H: 'I. New Hanover County agrees to fund One I3undred Thousand Dollars ($'100,000.00) per year to the City of Wilmington, beginning July 'I, '19~3, for a term of five (5) years, as its share of Parks and Recreation to be used exclusively for capital improvements to Zegion"Stadium and its environs of approximately 32 acres. The duration of this agreement shall be five years from the date hereof, regardless of the time of payment of the aforementioned sum. 2. No funds contributed to the City by County shall be expended by City without prior written approval of the stadium commission hereafter created. Any funds contributed by the County which are unexpended at the termination of this cantract shall be repaid by the City to County. . 3. County has stadium commission feels improvements started in any such prepayment will Collars ($'100,000.00) to funding. th~ is ~ny be be ~ option to prepay~any amount that the needed to £inish out certain capital one calender year. It is agreed that deducted from the One Hundred Thousand paid Prom the following fiscal year's 4. It is mutually agreed between County and City that the determination of the kind, quality, extent and priority of capital improvements to Legion Stadium shall be made by a stadium commission hereafter created. Such determination shall be made by such commission regardless of the source o£ funds £rom which such improvements are to be made. Such commission shall also de- termine all issues and policies governing the use of Legion Stadium. 5. There is hereby created a stadium commission to be composed of two members of the County Commission and two members fram the City Council who shall be appointed b9 their respective Boards £or a term of one year. The Superintendent of Schools and the Director of Parks and Recreation of the City of Wilmington shall serve as Advisory Members to the 'stadium commission without a vote. 6. Administration of the stadium commission policy is to be earried out by Parks and Recreation o£ the City of Wilmington. The City of Wilmington~is to maintain the stadium and the City will lease and/or rent the stadium according to the policy to be set by the stadium commission. 44-~~ MINUTES OF MEETING, JUNE '18, ~973 - 9~00 A.M. (CONTINUED) LEGION STADIUM AGtcr.~,iir.irl (CONTINUED) IN WITNESS Wd~EREOF,. the parties hereto have caused this instrument to be executed by the Mayor of the Ci'ty of Wilmington and attested by the Clerk, gnd by the Chairman of the Board of Commissioners and attested by the Clerk. Mayor,. City of .Wilmington ATTEST: City Clerk Chairman, Board of Commissioners, New Hanover County ATTEST: County Clerk" LEGION STADIUM FUNDS Commissioner wright moved, seconded b9 Commissioner Davis, that $'100,000 be allocated from the Revenue Sharing funds for I,egion Stadium. Motion carried unanimously. APPOINTMENT OF H. G. GROHMAN TO SERVE ulvr~srIRED TERM OF SHERIFF MCLLIS Upon the request of Chairman Vaughan, Commissioner Hall moved, seconded by Commissioner Davis, that Chairman Vaughan be permitted to abstain from the vote of expression of int~nt to appoint an individual to serve in Sheriff Millis' unexpired term as Sheriff. Motion carried unanimously. Commissioner Wright moved, seconded by Commissioner Powell, that Mr. H. G. Grohman be appointed to £ill the unexpired term of Sheriff Millis effective upon Sheriff Millis' de- finite date of retirement ~eing turned in. Upon vote, motion carried as follows: ' Voting Aye: Commissioners Davis, Hall, Powell and Wright 9bstain~;ng: Chairman Vaughan -~ Commissioner Powell moved, seconded by Commissioner Wright, that this vote be made unanimous. Motion carried unanimously. . ~~ DISCUSSION OF PLAivivllvu DEPARTMENT Chairman Vaughan stated that he was in discussion with City officials regarding the Plan- ning Department trying to arrive at a solution, which he stated he hoped to be able to report to the Commission at their meeting on Wednesday, June 20, ~973. DISCUSSION OF BOARD OF TRUSTEES CAPE FEAR TECI~IICAL INSTITUTE Chairman Vaughan stated that he had received a request from Mr. M. J. McI,eod, President of Cape Fear Technical Institute, that Dr. Hubert A. Eaton be reappointed to serve an addi- tional 8 year term on the Cape Fear Technical Institute Board of Trustees. Chairman Vaughan requested postponement of tYns appointment. STADIUM COMPIISSION APPOIN7.'MErTTS Commissioner Hall moved, seconded by Commissioner Wright, that Commissioners Davis and Powell be appointed to serve on the Stadium Commission for one-year terms effective July 'I, ~g~3. Motion carried unanimously. COG MENBER xr:rxr.SE~ITATIVE APPOINTMENTS Chairman Vaughan stated that a request had been received from the Cape Fear Council of Governments for member representative appointments and.that he and Commissioner Powell would ~o over all the committee appointments and report back to the Board. DISCUSSION OF SPECIAL USE PERMIT N0. 52 - Commissioner Wright stated that ~pecial Use Permit No. 52 had been issued to Mr. William D. Gay on March 5, ~973, allowing him to put five duplex dwellings north of and adjacent to Battle Park Subdivision on the east side of U.S. Highway.42'I. She stated that he would like to put one more duplex on this property and that the Planning Director had advised her that if the Board would give their permission for him to advertise this, he could be heard a month earlier. Commissioner Hall moved, seconded by Commissioner Davis, that the Planning Director be authorized to advertise this request. Motion carried unanimously. ADJOURNMENT There being no further business to come before the Board, Chairman Vaughan adjourned -- the meeting. Respectfully submitted, ' ~ °~`~d ~ Lise K. ging Clerk to the Board LI~ : wg