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1973-08-06 Regular MeetingMINUTES OF SPECIAL MEETING, AUGUST 6, 1973 - 8:30 AM PUBLIC HEALTH BUILDING (CONTINUED) Commissioner Powe11 moved, seconded by Commissioner Davis, that the meeting be adjourned. Chairman Vaughan adjourned the me~ting. Respectfully submitted, ~n e /~/ `~ L-ise K. King Clerk to the Board k MINUTES OF MEETING, AUGUST 6, 1973 - 9:00 AM ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, August 6, 1973, at 9:00 AM, in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis; 1. M. Hall, Jr.; W. Douglas Powell; Vivian S. Wright; Chairman M. H. Vaughan; County Manager, Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. Chairman Vaughan called the meeting to order. Commissioner Wright offered the invocation. APPROVAL OF MINUTES: SPECIAL MEETING, JULY 13, 1973 Upon motion by Commissioner Yowell, seconded by Commissioner Hall, the minutes of the special meeting held on July 13, 1973, were unanimously approved. APPROVAL OF MINUTES: REGULAR MEETING, JULY 16, 1973 ~ Chairman Vaughan requested that "existing facilities" under Discussion of Litter and Trash on River Road be changed to "Public Employment Program employees." Upon motion by Co~issioner Powell, seconded by Commissioner Davis, the minutes of the regular meeting held on July 16, 1973, were unanimously approved as corrected. APPROVAL OF MINUTES: SPECIAL MEETING, JULY 20, 1973 Chairman Vaughan requested that the first "adjournment" in the minutes be shown as a "recess." Upon motion by Commissioner Davis, seconded by Commissioner Powell, the minutes of the special meeting held on July 20, 1973, were unanimously approved as corrected. APPROVAL OF MINUTES: SPECIAL MEETING, JULY 27, 1973 Upon motion by Commissioner Powell, seconded by Commissioner Davis, the minutes of the special meeting held on July 27, 1973, were unanimously approved. COMMITTEE APPOINTMENTS Upon motion by Commissioner Wright, seconded by Commissioner Powell, the followin~ committee appointments were unanimously approved. Mr. F. L. Meier, Jr., to the Museum Board of Trustees, term to expire June 30, 1976. Dr. Gerald H. Shinn to the Museum Board of Trustees, term to expire June 30, 1976. Commissioner W. Douglas Powell to the New Hanover Memorial Hospital Board of Trustees, term to expire July 31, 1974. Chairman M. H. Vaughan to the Executive Committee of the Harbor House Marine Science Center, term to expire July 31, 1974. Mrs. Rebecca Hall to the Area Mental Health Board, term to expire .Tune 30, 1977. Dr. J. Richard Tamisiea to the Area Mental Health Board, term to expire June 30, 1975. Dr. William A. Phillips to the Area Mental Health Board, term to expireJune 30, 1974. Mrs. Ethel Booth to the Area Mental Health Board, term to expire June 30, 1977. Mr. John Van B. Metts to the Area Mental Health Board, term to expire June 30, 1975. Mrs. Janet S. Morgan to the Area Mental Health Board, term to expire June 30, 1974. Mr. I. John Tinga to the Wilmington-New Hanover~Planning Commission, term to expire July 31, 1976. Mr. J. D. Orrell, Jr., to the Wilnington- New Hanover Planning Commission, term to expire July 31, 1976. Mrs. Miriam Schwarz to the Cape Fear Technical Institute Board of Trustees, term to expire June 30, 1981. Sheriff H. G. Grohman to the Lower Cape Fear Planning Unit, term to expire June 30, 1974. • Commissioner Vivian S. Wright to the Lower Cape Fear Planning Unit, term to expire June 30, 1974. County Manager, Dan W. Eller, to the Southeastern Economic Development Commission, term to expire July 31, 1974. Commissioner Peter R. Davis to the New Hanover County Airport Commission, term to expire July 31, 1974. ~4~~~, MINUTES OF MEETING, AUGUST 6, 1973 - 9:00 AM (CONTINUED) APPEARANCE OF MR. JAMES E. HOLTON PROTESTING NEW INDUSTRY (See PP 468-69 for Additions) Mr. James E. Holton, Jr., appeared before the Board to protest recent action by the Committee of 100 in bringing in the National Gypsum Company. He requested the Board take what action might be advisable. No action was taken by the Board. ENDORSEMENT OF MR. RON KNOPF HE[1DING UP COURT COUNSELOR SYSTEM (See P. 469 for Addition) Mr. Gilbert H. Burnett, Chief District Judge, appeared before the Board to request the endorsement of Mr. Ron Knopf, the Director of Juvenile Services, taking on the additional duty of temporarily heading up the counselor system of probation services for juvenile court in New Hanover County. Judge Burnett stated that on May 24, 1973, House Bill 1358 had been passed authorizing the courts to have their own counselor system across the State. He requested Mr. Knopf's assistance in helping get this project organized and effectively coordinated with the work being done at the Juvenile Center. Commissioner Davis moved, seconded by Commissioner Powell, that the Board approve this request. Chairman Vaughan stated that he did not consider it very wise for the Commission to take this course until they had conferred with the Department Head to whom they entrusted several million dollars in related work and who had been doing this work. Upon vote, motion carried as follows: Voting Aye: Commissioners Hall, Davis, Powell and Wright. Voting Noe: Chairman Vaughan. Commissioner Hall stated that his vote did not reflect that he was sold on the system, but that he felt the Board should honor Judge Burnett's request for Mr. Knopf's participation. AUTHORIZATION TO FILE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION (LEAA) GRANT FOR CONT;INUATZON FUNDING OF STAFFING FOR THE JUVENILE SERVICES CENTER Upon motion by Commissioner Hall, seconded by Commissioner Wright, the following resolution was unanimously adopted. WHEREAS, the New Aanover County Coumiissioners herein called the "Applicant" has thoroughly considered the problem addressed in the subgrant application entitled Specialist Staffing and has reviewed the project described in the application; and WHEREAS, under the terms of Public Law 90-351 as amended, the United States of America has authorized the Law Enforcement Assistance Administration, through.the North Caroiina Division of Law and Order to make federal grants to assist local governments in the improvement of the criminal justice system, NOW THEREFORE BE IT RESOLVED BY THE New Hanover County Commissioners IN OPEN MEETING ASSEMBLED IN THE CITY OF .WILMINGTON, NORTH CAROLINA, THIS 6TH DAY OF ADGUST, 1973, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Applicant and the general public. 2. That M. H. Vaughan be authorized to file, in behalf of the Applicant, an application in the form prescribed by the Division of Law and Order for a subgrant in the amount of $36,563 to be made to the Applicant to assist in defraying the cost of the project described in the application. This individual shall act as the authorized representative of the Applicant in connection with all aspects of the application process. 3. That if the subgrant is made, the Applicant shall provide or make arrangements to provide, a local cash matching contribution in the amount of $8,617 and a local in-kind matching contribution valued under LEAA guidelines at -0- (or proportinately reduced local matching contributions if the subgrant amount is reduced) as required by the Act to defray the cost of the project. 4. That the Project Director designated in the application form shall furnish or make arrangments for other appropriate persons to furnish such information, data, documents and reports pertaining to the project, if approved, as may be required by the Division of Law and Order. 5. That certified copies of this resolution be included as part of the application referenced above. 6. That this resolution shall take effect immediately upon its adoption. PROPOSED AMENDMENT TO THE PERSONNEL RESOLUTION , Discussion ot a proposed amendment to the personnel resolution from the County Manager, Dan W. Eller, was deferred. PUBLIC HEARING Chairman Vaughan opened the public hearing for discussion. PUBLIC HEARING to consider appeal from the recommendation of the Wilmington-New Hanover Planning ~ommission to deny a request to rezone property on the west side of Englewood Drive between Oleander Drive and Brenda Drive from R-15 (Single Family District) to B-2 (Business District) in Zoning Area ~k9B. Mrs. Judy Schillmoller, Acting Planning Director, stated that the Wilmington-New Hanover Planning Commission had heard this request at their meeting of July 6, 1973, and had recommended unanimously that this request be denied. 46~~ MINUTES OF AUGUST 6, 1973 - 9:00 AM (CONTINUED) PUBLIC HEARING (CONTINUED) Mrs. Schillmoller stated that the Board of Commissioners had tabled this item at their meeting of July 2, 1973, in order to give the Petitioner and the residents of the area time to work together and come up with an equitable solution. Upon motion by Commissioner Powell, seconded by Commissioner Davis, Commissioner Hall was unanimously granted permission to abstain £rom voting on this item because Mr. James L. Nelson, attorney representing the Petitioner, was his son-in-law. Mr. James L. Nelson, Attorney at Law, appeared before the Board on behalf of the Petifioner, Dr. Gerald Hardison. Mrs. Joyce Vietto, Mrs. Larry Colven, Mrs. Pearl Foster and Dr. James McGowan appeared with a group to protest this rezoning request. Mr. David Snively appeared to state that he was not in complete agreement. . Upon motion by Commissioner Wright, seconded by Chairman Vaughan, this rezoning request was unanimously tabled. By common consent, it was agreed that a group would meet at the property in question on Tuesday, August 7, 1973, at 7:00 PM to try to reach an equitable solution. Commissioner Hall left after this Public Hearing and was absent for the rest of the meeting. ~ PUBLIC HEARING to consider rezoning property on the south side of Wrightsville Avenue between Woodland Drive and Wood Dale Drive,being Lots 18 thru 14 and Lots 28 thru 34, Block E, Winter Park Heights, from R-15 (Single Family District) to 0&I (Office and Institutional District) in Zoning Area ~k9B. Mrs. Judy Schillmoller, Acting Planning Director, stated that the.Wilmington-New Hanover Planning Commission had heard this request at their July 11, 1973, meeting and had recommended unanimously that it be approved. Mrs. Elizabeth Bland, real estate broker, appeared before the Board as agent for the owner of the property. Chairman Vaughan asked if there were anyone present to protest this rezoning request. T:here was no one present to protest the request,.. Commissioner Davis moved, seconded by Commissioner Powell, that it be approved. Commissioner Wright stated that she objected to this request because she did not feel someone's property should be rezoned unless they requested it. She stated that she would vote only for what was origitially requested for rezoning by Mrs. Bland, being Lots 12, 13, 32 and 33. Upon vote, Commissioner Davis' motion carried as follows: Voting Aye: Commissioners Davis and Powell, and Chairman Vaughan. Vot~:ng Noe: Commissioner Wright. (Ordinance rezoning this property is contained in Zoning Ordinanee Book I, Section 9B, Page 11.J PUBLIC HEARING to consider rezoning property at the northwest corner of the intersection of N. C. Highway 132 (North College Road) and Murrayville Road from R-15_(Single Family District) to B-2 (Business District) in Zoning Area ~k8B. Mrs. Judy Schillmoller, Acting Planning Director, stated that this request had been heard by the Wilmington-New Hanover Planning Cou¢nission at their July 11, 1973, meeting and that they had unanimously recommended that this request be approved. Mr. T. R. Batson, Petitioner, appeared before the Board. Chairman Vaughan asked if there were anyone present who would like to protest this rezoning request. ':. T.here was no one present to protest this request. Commissioner Powell moved, seconded by Commissioner Davis, that it be approved. Upon vote, motion carried unanimously. (Ordinance rezoninq this property is contained in Zoning Ordinanee Book I, Section 8B, Page 5.) . PUBLIC HEARING to consider rezoning a tract of land on the south side of Silver Lake Road approximately 2,6U0 feet west of the intersection of Silver Lake Road and Carolina Beach Road (U. S. Highway 421) from R-15 (Single Family District) to R-10 (Single Family District) in Zoning Area ~~4. , Mrs. Judy Schillmoller, Acting Planning Director, stated that the Wilmington-New Hanover Planning Co~ission had heard this request at thier July 11, 1973, meeting and had recommended unanimously that this request be approved. Mr. David Loughlin of the Oleander Company appeared before the Board representing the Petitioner. , Chairman Vaughan asked if there were anyone present to protest this rezoning request. _ T.here was no one present to protest it., Commissioner Powell moved, seconded by I Commissioner Davis, that it be approved. Commissioner Wright stated that she objected to this rezoning request because it permitted 10,000 sq. ft. lots instead of the 15,000 sq. ft. lots permitted by the R-15 z'oning . Upon vote, Commissioner Powell's motion carried as follows: Voting Aye: Commissioners Davis and Powell, and Chairman Vaughan. Votine Noe: Commissioner Wright. (Ordinance rezoning this property is eontained in Zoning Ordinance Book I, Section 4, Page 9.) ( MINUTES OF AUGUST 6, 1973 - 9:00 AM (CONTINUED) PUBLIC HEARING (CONTINUED) PUBLIC HEARING to~?consider application for Special Use Permit to use property at the southeast corner of the intersection of Gordon Road and North Kerr Avenue for a convenience food store in an R-15 (Single Family District) in Zoning Area ~~SB. Mrs. Judy Schillmoller, Acting Planning Director, stated that the Wilmington-New Hanover Planning Commission had heard this request at their meeting of July 11, 1973, and had con- sidered the following: a. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; b. That the use meets all required conditions and specific2tions; c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and, d. That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Mrs. Schillmoller stated that, after the Planning Cou~ission had taken these four things into consideration, they had recommended unanimously that this Special Use Permit be granted subject to the following: 1. Plans submitted with the application for Special Use Permit; 2. Since there is to be one-way traffic onto the site from North Keri Avenue, that a sign be erected designating this; and, ~46~ 3. Provide a connector road to Glynnwood Road to prevent traffic from Glynnwood Mobile Home Park from having to go to New Gordon Road to obtain entrance to the Convenience Food Store. Mr. H. C. Wallace, the Petitioner, appeared before the Board. Chairman Vaughan asked if there were anyone present to protest the issuance of this Special Use Permit. There was no one present to protest its issuance. Commissioner Davis moved, seconded by Commissioner Powell, that it be approved subject to the same conditions as recommended by the Planning Commission. Upon vote, motion carried unanimously. • (After the meeting, it was discovered that this request had been advertised incorrectly. See Minutes of September 4, 1973.) PUBLIC HEARING to consider application for Special Use Permit to use pr•operty on the south side of St. Nicholas Road (Chester Street) approximately 200 feet west of the intersection of St. Nicholas Road (Chester Street) and Elisha Drive for a church in an R-15 District (Single Family) in Zoning Area ~p6. Mrs. Judy.Schillmoller, Acting Planning Director, stated that this request had been heard by the Wilmington-New Hanover Planning Commission at their meeting of April 4, 1973, and that they had considered the following: a. That the use will not materially endanger the public health or safety if located where proposed and developed according to~the plan as submitted and approved; b. That the use meets all required conditions and specifications; c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and, d. That the location and character of the use if developed according to the plan~as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Mrs. Schillmoller stated that, when this request had been heard,by the Planning Commission, the plans did not meet the required yard space with the amount of land they had; however, she stated that additional land had been obtained. Mrs. Schillmoller stated that, after taking the above four items into consideration, the Planning Commission had recommended that this Special Use Permit be issued subject to the plans submitted with the application. Mr. George Bowman appeared before the Board representing the Wilmington Bible Chapel. Chairman Vaughan asked if there were anyone present who wished to protest the issuance of this Special Use Permit. There was no one present to protest its issuance. Commissioner Wright moved, seconded by Commissioner Davis, that this Special Use Permit be issued to the Wilmington Bible Chapel subject to the plans submitted with the application. Upon vote, motion earried unanimously. . ~~~ MINUTES OF AUGUST 6, 1973 - 9:00 AM (CONTINUED) PUBLIC HEARING (CONTZNUED) PUBLICisHEARING to consider application for Special Use Permit to use property on the north~~~..:t west side ot S. R. 1351 for a church addition (educational building) in an R-15 District (Single Family) in Zoning Area ~~5. Mrs. Judy Schillmoller, Acting Planning Director, stated that this request had been heard by the Wilmington-New Hanover Planning Co~ission at their meeting of July 11, 1973, and that they had considered the following: a. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; b. That the use meets all required conditions and specifications; c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and, d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Mrs. Schillmoller stated that, after taking these four things into consideration, the Planning Commission recommended that the Special Use Permit be issued subject to the following: 1. Plans submitted with the application for Special Use Permit; and 2. Off-street parking in front be setback an additional 10 feet to comply with front yard setback requirements and off-street parking in rear be setback an additional 5 feet from rear property line to comply with rear yard setback requirements. Chairman Vaughan asked if there were anyone present to protest the issuance of this Special Use Permit, and no one spoke in opposition. Commissioner Davis moved, seconded by Commissioner Powell, that this Special Use Permit be issued subject to the same conditions recommended by the Planning Commission. Upon vote, motion carried unanimously. Chairman Vaughan closed the Public Hearing to discussion. DRAINAGE COMPLAINT OF WHITMAN DEVELOPMENT Mr. R. Russell Blake of 26 Whitman Avenue and Mr. W. E. Blackburn of 27 Whitman Avenue appeared before the Board to discuss a drainage problem in the Whitman Development. By common consent, it was agreed that the Co~ission would w'rite the Board of Health to try to get some relief for the residents of i~Thitman Development and to ask them to report to the County Manager. DIXON-HILLSDALE COMMUNITY CLUB REQUEST FOR RECREATIONAL PROPERTY At the Commissioners' meeting of July 16, 1973, Mr. William Smith and others requested that the Commission appropriate $9,330 to install recreational equipment on a parcel of land leased on a year-to-year basis from Mr. J. D. Dixon by the Dixon-Hillsdale Community Club. The Commission had directed the County Manager to meet with the group and negotiate with Mr. Dixon. Mr. Dan W. Eller, County Manager, reported that on July 18, 1973, he, Mr. William Smith and Mrs. Walker had met with Mr. Dixon. He stated that Mr. Dixon did not wish to consider a long-term lease, but he had offered to sell the tract, which measured approximately 165'x375'x165'x250', to the County for $5,000. Mr. William Smith and others appeared before the Board to request that the County purchase the property and provide the requested improvements for a total cost of $14,330. Chairman Vaugh•an appointed a committee composed of Commissioner Powell and Mr. Eller, County Manager, to talk with Mr. Dixon to see if additional acreage could be acquired, which would justify the County's developing a recreational park in this area. Mr. Eller was also requested to look at College Park School to see if it were being utilized in the summer to the degree possible. BUOYS AT COUNTY PARK ON NORTHEAST CAPE FEAR RIVER Upon motion by Commissioner Davis, seconded by Co~issioner Powell, a request from the County Manager for authorization to apply for a permit from the Corps of Engineers to place buoys to protect swimmers at the county park on the Northeast Cape Fear River was unanimously granted. "NO WAKE" MARKERS IN MOTTS CHANNEL , Upon motion by Commissioner Powell, seconded by Commissioner Davis, a request from the County Manager for authorization to apply for a renewal and modification of the existing permit from the Corps of Engineers to place "No Wake" markers on all of Motts Channel between the Intracoastal Waterway and Harbor Island was unanimously granted. RESOLUTION FOR CHAMBER OF COT~IERCE APPROPRIATION Mr. James C. Fox, County Attorney, had adv'ised Chairman Vaughan by letter that the Commission should adopt a resolution specifying for what purposes the appropriation to the Chamber of Commerce was to be spent and requiring that an accounting of all funds so spent be reported to the Commissioners. By common consent, Mr. Fox was asked to draw up a legal resolution. 4~a~ MINUTES OF AUGUST 6, 1973 - 9:00 AM (CONTINUED) PUBLIC HEALTH BUILDING - APPROPRIATION OF FUNDS Upon motion by Co~issioner Davis, seconded by Co~mnissioner Powell, $750,000 was unanimously appropriated from the following sources for construction of a Public Health Building at the approved site. ~ General Fund Contingencies Revenue Sharing Trust Fund Health Department Constructio Mental Health Capital Reserve Mental Health Capital Reserve General Capital Reserve Fund $ 10,612 180,OOC z Fund 297,510 Fund (~ Parking) 23,611 Fund (Outside Lighting) 13,O1d 225,257 $750,000 PUBLIC HEALTH BUILDING - LETTING OF CONTRACTS Upon motion by Co~issioner Powell, seconded by Co~issioner Davis, the following contracts were unanimously let according to the bids. GENERAL CONTRACTOR: Reagan Construction Company $514,823 Wilmington, North Carolina PLUMBING CONTRACTOR: Sneeden Air Conditioning 44,920 Wilmington, North Carolina HEATING & AIR CONDITIONING CONTRACTOR: Temperature Control Company 60,100 Wilmington, North Carolina ELECTRICAL CONTRACTOR: Electrician, Inc. 64,640 Kinston, North Carolina TOTAL CONTRACTS $684,483 Architect's Fee: 7.5% Leslie N. Boney, Architect $ 51,336 Wilmington, North Carolina Contingencies 14,181 TOTAL PROJECT COST $750,000 CAPE FEAR TECHNICAL INSTITUTE - TRANSFER OF FUNDS Upon motion by Commiss'ioner Davis, seconded by Commissioner Powell, a transfer of $500 from the Barge Renovation Fund to Capital Outlay-Land was unanimously approved for Cape Fear Technical Institute to pay for title search for parking lot. INTRODUCT'ION OF BOND ORDER FOR PUBLIC HOSPITAL BOND Commissioner W. Douglas Powell introduced the tollowing bond order which was read at length: "BOND ORDER AUTHORIZING THE ISSUANCE OF $9,360,000 PUBLIC HOSPITAL BONDS OF THE COUNTY OF NEW HANOVER" WHEREAS, the Board of Commissioners of the County of New Hanover deems it advisable to make the improvements hereinafter described; and WHEREAS, the Board of Commissioners of the County of New Hanover has caused application to be made for approval of the bonds hereinafter described with the Local Government Commission of North Carolina as provided in The Local Government Finance Act of North Carolina and the Secretary of the Local Government Commission has notified the Board of Commissioners in writing that the application has been filed and accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover as follows: Section 1. The Board of Commissioners of the County of New Hanover has ascertained and hereby determines that, in order to provide the infiabitants of the County with adequate and proper hospital facilities, it will be necessary to construct an addition to the existing hospital facilities and other health related facilities owned and operated by the County, including the acquisition and installation of the equipment and machinery required therefor and the acquisition of the necessary land or rights-in-land, and to finance the capital costs of such improvements and to expend for said purpose not less than $9,360,000 in addition to any funds which may be made available for such purpose from any other source. Section 2. In order to raise the money required to finance the capital costs of the construction of such addition to the hospital facilities and other health related facilities owned and operated by the County as set forth above, bonds of the County of New Hanover are hereby authorized and sha11 be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of said bonds authorized by this bond order shall be nine million, three hundred and sixty thousand dollars ($9,360,000). ~s~ MINUTES OF AUGUST 6, 1973 - 9:00 AM (CONTINUED) INTRODUCTION OF BOND ORDER FOR PUBLIC HOSPITAL BONDS(CONTINUED) Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. The revenues of the public hospital facilities and other health related facilities owned and operated by the County may be pledged to the payment of the interest on and principal of said bonds if and to the extent that the Board of Commissioners of the County shall hereafter determine by resolution prior to the issuance of said bonds. In such event, the tax to pay the principal of and interest on said bonds may be reduced by the amount of such revenues available~for the payment of such principal and interest Section 4. A sworn statement of the County debt of the County of New Hanover has been filed with the Clerk of the Board of Commissioners of said County and is open to public inspection. Section 5. This bond order shall take effect when approved by the voters of the County at an election as provided inssaid Act. ' RESOLUTION SETTING PUBLIC HEARING ON BOND ORDER FOR PUBLIC HOSPITAL BONDS Commissioner W. Douglas Powell moved that the following resolution be adopted: WHEREAS, a bond order entitled "Bond Order Authorizing the Issuance of $9,360,000 Public Hospital Bonds of the County of New Hanover", has been introduced at the meeting of the Board of Commissioners held on August 6, 1973, and the Board of Commissioners desires to provide for the holding of a public hearing thereon as required by the Local Government Bond Act: NQW, THEREFORE, BE IT RESOLVED, by the Board of Co~issioners of the County of New Hanover, as follows: (1) The public hearing upon said bond order shall be held on the 20th day of August, 1973, at 10 o'clock, A.M., at the regular meeting room of the Board of Commissioners at the County Commission~Building, in Wilmington, North Carolina. (2) The Clerk of the Board of Commissioners is hereby directed to cause a copy of such bond order to be published with a notice of such hearing in the form prescribed by law, in the Wilmington Morning Star, a newspaper published in Wilmington, in the County of New Hanover, North Carolina, at least ten days prior to such public hearing. (3) The County Accountant is hereby required to file with the Clerk of the Board of Commissioners, prior to publication of the bond order with the notice of such public hearing, a statement of the debt incurred or to be incurred by the County in the form prescribed by the Local Government Bond Act. The motion having been seconded by Chairman M. H. Vaughan, it was unanimously adopted. RESOLUTION RATIFYING AND CONFIRMING NOTICE OF INTENTION TO APPLY FOR APPROVAL OF PUBLIC HOSPITAL BONDS Commissioner W. Douglas Powell moved that the following resolution be adopted: WHEREAS, 'the' County of New Hanover has applied to the Local Government Commission for approval of the issuance of the $9,360,000 Public Hospital Bonds authorized by the bond order introduced at a meeting of the Board of Commissioners held on August 6, 1973; NOW, THEREFORE, BE IT RESOLVED as follows: The action of the Chairman and Clerk of the Board of Commissioners in causing notice of intention to apply to the Local Government Co~ission for approval of said $9,360,000 Public Hospital Bonds to be published in the Wilmington Mbrning~'Star, a newspaper published in Wilmington in the County of New Aanover, North Carolina on July 23rd, 1973, and in filing application for approval of such bonds with the Secretary of the Local Government Commission is hereby ratified and confirmed. The motion having been secor.ded by Chairman M. H. Vaughan, it was unanimously adopted. APPOINTMENT OF HOME ECONOMICS AGENT Upon motion by Commissioner Powell, seconded by Commissioner Davis, the appointment of Mrs. Barbara Jean Sellers Gornto as Home Economics Agent effective September 1, 1973, was unanimously approved. REPORT ON COUNTY MANAGER FORM OF GOVERNMENT Mr. James C. Fox, County Attorney, ~eported that, in his opinion, the appointment of a County Manager by the Board constituted the adoption of the county manager form of government. DISCUSSION OF FINANCIAL STATEMENTS Commissioner Wright requested that the Commission get financial statements from the County Auditor. Mr. Eller, County Manager, stated that he was going to ask for monthly reports from all department heads due Wezinesday before the second Monday of the month, which would allow the Commissioners to discuss these reports at the second meeting of the month. ENVIRONMENTAL IMPACT STATEMENTS By common consent, the County Manager, Dan W. Eller, was directed to talk with the Chairman of Transylvania County to determine what success they had had since they had started requiring Environmental Impact Statements in May of 1973 and report back tofithe Board at their meeting of August 20, 1973. TELEPHONE SERVICE - COUNTY COMMISSION CHAZRMAN By common consent, a recommendation to ins~tall mobile telephone service in the personal vehicle of the County Co~ission Chairman (Chief Civil Preparedness Executive) to provide co~unication with Civil Preparedness headquarters was denied. MINUTES OF AUGUST 6, 1973 - 9:00 AM (CONTZNUED) DISCUSSION OF GENERAL ASSEMBLY AUTHORITY There was a brieY discussion regarding a letter Chairman Vaughan had received from the County Attorney, Mr. James C..Fox, stating that the General Assembly had the authority to change county boundaries, organization, etc. Mr. Fox stated that to remove this authority from the General Assembly, the State Constitution would have to be changed. No action was taken by the Board. SUNAIER NATIONAL YOUTH CORP PROGRt1M The Board of Education had recently been advised of an unexpected allocation of Federal funds for summer youth employment. It was estimated that New Hanover County could receive $15,000 for this Program. It was proposed that approximately 50 students be transferred from the Pu61ic Employment Program to this special Program, which would be of one month's duration. This would allow the County to continue to employ students under the Public Employment Program during the school year. Commissioner Wright moved that acceptance of these additional funds be denied because this Special Program was only for people who qualified under the poverty guidelines and, if people were transferred from the Public Employment Program who did not qualify under poverty guidelines, they would have to be released. Motion died for lack of a second. Commissioner Powell moved, seconded by Commissioner Davis, that these funds be accepted contingent upon the fact that no person employed under the present Public Employment Program was deprived the privilege of work. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Powell, and Chairman Vaughan. Voting Noe: Commissioner Wright. TANGLEWOOD DITCH Discussion of recommendation from the County Engineer, Mr. Richard Epling, on the Tanglewood Ditch was deferred until the August 20th, 1973, meeting in order that Mr. Epling could be present. ROAD PETITION - PLANTATION DRIVE Upon motion by Commissioner Davis, seconded by Chairman Vaughan, a resolution requesting the State Highway Cou~ission to review Plantation Drive and to take over the road for maintenance if it met established standards and criteria was unanimously adopted. CAROLINA BEACH LANDFILL Commissioner Davis reported that he had talked with Town Manager Jack Webb and Mayor Richard B. Kepley of Carolina Beach and had advised them that the County would help obtain a 60-day extension for the Carolina Beach landfill. Coummissioner Davis stated that Mayor Kepley had said that he understood it was his obligation to operate the landfill in accordance with State regulations and that, at the end of the period, they would close it according to State regulations. , Commissioner Davis requested that the County Manager write Carolina Beach that New Hanover County had acquired the 60-day extension for the landfill with the understanding that Carolina Beach would operate it and close it according to S,Cate regulations. By common consent, the Co~ission expressed their approbation of the County Manager's request to the State for a 60-day extension of the use of the Carolina Beach landfill in accordance with the plan previously filed by the County with the specific understanding that Carolina Beach would operate it but that New Hanover County would be responsible for assuring the operation complied with State regulations. DESIGNATION OF VOTING DELEGATE TO ANNUAL CONVENTION Sy common consent, Chairman Vaughan was designated as the voting delegate to the 1973 Annual Convention of the North Carolina Association of County Commissioners to be held in Pinehurst, North Carolina, August 16 - 19, 1973. DISCU'SSION OF PAVING S. R. 2000 TO THE LANDFILL By common consent, the, County Manager was directed to write Mrs. Isabel S. Holmes of the State Board of Transportation and ask her to assist the County's getting approval for the paving of S.R. 2000 to the County landfill. DISCUSSION OF CHANGING LANDFILL OPERATING HOURS Mr. Dan W. Eller, County Manager, reported that he had received a letter from Waste Industries asking that the new landfill hours be from 8:00 AM to 5:00 PM rather than 8:30 AM to 5:30 PM as stated in the contract. He stated that this would take action by the Board as it would mean a change in the contract. It was determined that this would be discussed at the landfill meeting to be held on Thursday, August 9, 1973, at 3:00 PM. DISCUSSION OF CAPE FEAR TECHNICAL INSTITUTE CONSTRUCTION COSTS By cou~on consent, it was agreed that Chairman Vaughan would write Cape Fear Technical Institute and advise them that under no circumstances would the Board appropriate construction funds in addition to what had been obtained in their bond issue. DISCUSSION OF JAIL-COURTHOUSE AND RELATED FACILITIES BUILDING By common consent, it was agreed that Chairman Vaughan would represent the Commission before the local Bar Association regarding the proposed Jail-Courthouse and Related Facilities Building. 46~ MINUTES OF AUGUST 6, 1973 - 9:00 AM (CONTINUED) DISCUSSION OF INDUSTRIALIZATION BEING PLACED ON NOVENffiER BALLOT Chairman Vaughan requested that the Co~nission make possible on the election ballot in November, 1973, an opportunity for the people to express themselves as to whether they wished to have continued efforts to secure new industry. Chairman Vaughan moved that the Board express their intention to allow the people to express themselves, by means of a straw ballot in the November election, as to what direction development in the County should take. Motion died for lack of a second. Commissioner Powell stated that he would be opposed to voting to make any such blanket insertion into the ballot without knowing ahead of time what the proposal was specifically. Chairman Vaughan asked that this be placed on the August 20, 1973, agenda for further discussion. REPORT ON SOCIAL SERVICES PARKING LOT County Manager, Dan W. Eller, reported on the status of the Social Services Department's parking lot and the status of the land swap between the City and the Count,y. He stated that he would hopefully be able to present this to the Board at their next meeting. DISCUSSION OF COUNTY'S DEMAND DEPOSITS By common consent, the County Manager was requested to work with the County Auditor and get proposals from banks stating the benefits they would provide in return for handling the County's demand deposits. ADJOURNMENT There bein~ no further business to come before the Board, Chairman Vaughan adjourned the meeting. (Meeting was adjourned at 4:30 PM. See P. 469 for this addition) Respectfully submitted, n ~ . r, ~ ~ ~~ Lise K. King U Clerk to the Board k MINUTES OF REGULAR MEETING, AUGUST 20, 1973 - 9:00 AM ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, August 20, 1973, at 9:00 AM, in the Assembly Room, County Coumiissioner Building, Wilmington, North Carolina. Members persent were Commissioners Peter R. Davis; J. M. Hall, Jr.; W. Douglas Powell; Vivian S. Wright; Chairman M. H. Vaughan; County Manager, Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. Chairman Vaughan called the meeting to order. Rev. Harold R. Crocker of Ogden Advent Church offered the invocation. APPROVAL OF MINUTES: SPECIAL MEETING, AUGUST 6, 1973 Upon motion by Commissioner Powell, seconded.by Co~nissioner Davis, the minutes of the special meeting held on August 6, 1973, at 8:30 AM, were unanimously approved. APPROVAL OF MINUTES: REGULAR MEETING, AUGUST 6, 1973 Commissioner Powell requested that the following statement of his be added on Page 461 to the Appearance of Mr. James E. Holton ProtestinQ New Industry. "I think thex~s a great deal of inerit to many things you say, and certainly they deserve very serious consideration. But I think we've got to look at the over-all picture that exists in the County today. It's true tha.t our labor unemployment situation is at an all-time low for this area; however, it is still higher than some areas such as Greensboro or Charlotte. We still, relatively speaking, have a good labor supply compared to them. In addition, in the next year or 18 months, many of these expansion jobs that have been provided in this area are going to wind down, and we're going to see more labor become available. In my personal opinion, anytime we can bring an industry, which is something you don't get an opportunity to do but once every so often, so when we can bring an industry into New Hanover County that's going to contribute 8 to 10 million dollars to the tax base and increase our population by an infinitesimal percentage relative to our current population, of a hunds.ed employees, I think that's just plain good business; and we ought to grab an opportunity like that when we get it." Commissioner Wright requested that the following statement of hers be added on Page 461 to the Aonearance of Mr. James E. Holton Protestin~ New Industry. "I share quite a~few of his feelings (Mr. Holton's) in hav;i;ng just come back from a week's vacation where we visited some awfully crowded places and some highways which were just terrible. You don't know how much you appreciate your own home when you come back, and it's a little calmer and not quite as bad, and I would hate to see it get to the point where some of those other places have grown." Commissioner Davis requested that the £ollowing statement of his be added on Page 461 to the Appearance of Mr. James E. Holton Protestin~ New Industry. "I think what you (Mr. Holton) said is very appropriate, but I graduated from high school out here in 1960. I saw a small percentage of my friends go off to colle~e, which I was one who was fortunate enough to be able to go. When I finished college, I couldn t came Uack to Wilmington. There was not a company to go to work for really. There were some companies coming in, but 2 had no opportunities to come back to my'home. I saw other friends of mine, whose parents were not fortunate enough to be able to send them to college, who could not get a decent job here; who had