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1973-10-01 Regular Meeting~o~ MINUTES OF REGULAR MEETING, SEPTEMBER 17, 1973 (CONTINUED) DISCDSSION OF BANK PROPOSALS A decision on the bank proposals for the County's demand deposits presented by Mr. Ross, County Auditor, at the meeting of September 4, 1973, had been tabled for two weeks. Commissioner Powell stated that he felt the County should draw up the services that it desired and publish the specifications of the jobs to all the banks to see which could or would provide them. Commissioner Davis moved, seconded by Commissioner Wright, that Cou~issioner Powell, Mr. Ross, and Mr. Eller draw up the specifications and that all banks in town be advised and have an opportunity to bid on the County's business. Upon vote, motion carried unanimously. AMERICAN SHORE AND BEACH PRESERVATION ASSOCIATION Commissioner Hall stated that he haa receivea a notice of the 21st Annual Meeting of the American Shore and Beach Preservation Association to be held at Wrightsville Beach, October 3-5, 1973, and moved, seconded by Chairman Vaughan, that any Coumiissioner who could find the time to attend be authorized to do so. Upon vote, motion carried unanimously. DISCUSSION OF MENTAL HEALTH FUNDS Commissioner Hall stated that it was the concensus of opinion of the Area Mental Health Board memhers that the Mental Health funds for the three-county operation should be handled through the Mental Health Center after they had employed their Business Manager. Chairman Vaughan moved, seconded by Commissioner Hall, that, as this was the decision of the Area Mental Health Board, thetPlental Health funds be advanced on a quarterly basis after securing a Business Manager; that the Business Manager be bonded for a minimum of $50,000; that the Mental Health books be audited once a year by a Certified Public Accountant; and that this motion would be subject to approval by Brunswick and Pender Counties. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Powell, and Chairman Vaughan. \ Voting Noe: Commissioner Wright. ACCESS ROAD TO SANITARY LANDFILL Commissioner Davis stated that he was quite disturbed with Mr. J.-H. Medlin's letter of September 10, 1973, in which Mr. Medlin stated that he had conferred with Mr. W. E. Rabon, Secondary Roads Council Member, and that they did not feel it would be in the best public - interest for the Division of Highways to construct an additional road to the landfill. Chairman~Vaughan appointed Commis§ioner Powell as a one-man committee to con£er with the Highway authorities and report back to the Board at their regular meeting of October 1. JUNKED VEHICLES PROBLEM Mr. & Mrs. Harry G. Potter of Route 2, Box 242 C, on S. R. 1527, appearecl before the Board to complain of junked vehicles being placed on the property which abutted theirs. Chairman Vaughan asked Mr. Eller, County Manager, to investigate the problem and contact Mr. Potter. ~ ADJOURNMENT Commissioner Hall moved, seconded by Commissioner Davis, that the meeting be adjourned. Upon vote, motion carried unanimously. Chairman Vaughan adjourned the meeting at 12:30 PM. Respectfully submitted, ~~ ~ ~' ~~ L~se K. King Clerk to the Board k MINUTES OF REGULAR MEETING, OCTOBER 1, 1973, 9:00 2;M ASSEMBLY The New Hanover County Board of Commissioners met in regular session Monday, October 1, 1973, at 9:00 AM in the Assembly Room, County Commis§ion 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 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. Wayne Barkley of the First Assembly of God offered the invocation APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 17, 1973 ' Commissioner Davis requested that on Page 501, under Removal of County Do~ Tax, the minutes reflect the reasoning behind voting to remove the dog tax which was that he did not feel that those people who did list their dogs should be penalized because of the many people who owned dogs in the County but did not list them. Commissioner Wright stated that this was her reason for voting for its removal also. e1 ~. ) MINUTES OF REGULAR MEETING, OCTOBER 1, 1973 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 17, 1973 SCONTINUED) Commissioner Powell requested that on Page 4y8 under RescindinQ of Special Election to be held on November 6, 1973, that the minutes reflect that this was on the Hospital Bond. Commissioner Powell requested that on Page 499 under Health Department BudQets to be Funded bp State and Federal Funds that Dr. Knox had stated tnat he would provide the medical back-up himself if necessary. Chairman Vaughan requested that on Page 501 his name be struck from the committee under Discussion of PurchasinQ Electronic AccountinQ Machine inasmuch as he had not met with this group. Commissioner Powell moved, seconded by Commissioner Hall, that the minutes be approved as amended. Upon vote, motion carried unanimously. RECONIMENDATION ON PROGRAMMING VOTING MACHINES Mrs. G. A. Cochran appeared betore the Board to recoffinend that a new employee be hired by the County on a year-round basis, or that an existing employee be used, to program the voting machines, which she stated she felt would be of lower expense to the County. By common consent, it was agreed that the Board of Elections would be invited to attend the meeting of October 15, 1973, to further discuss this recommendation. DISCUSSION OF COUNTY ENVIRONMENTAL POLTCY ORDINANCE As directed by the Board, the County Attorney, Mr. Fox, had prepared a county environ- mental .policy ordinance entitled ='An Ordinance to Establish an Environmental Policy of New Hanover County." Commissioner Powell moved, seconded by Commissioner Davis, that a public hearing be held at the Commission's regular meeting of October 15, 1973, on the environmental policy, ordinance and that public notice be given of this hearing and that he (Comm. Powell) would confer with County Manager Eller to tie down some of the vagueries in the proposed ordinance. Upon vote, motion carried unanimously. (Commissioner Hall was temporarily absent from the meeting.) VETERAN'S DAY OBSERVANCE FOR COUNTY EMPLOYEES Mr. Gerald F. Kolb, Commander ot the New Hanover County Veteran's Council, appeared before the Board to request that the County observe Monday, November 12, as Veteran's Day rather than Monday, October 22. He stated that this would coincide with the State of North Carolina and that the Veteran's Council was having their parade on that day. Upon motion by Commissioner Hall, seconded by unanimously granted. PUBLIC HEARING Chairman Vaughan opened the public hearing to Public HearinQ to consider an app'lication for located on the east side of S. R. 1406 extending si Waterway in Zoning Area ~~3 for a Marina in an R-20 Commissioner Wright, this request was discussion. a Special Use Permit to use property >utheastwardly to the Intracoastal District (Single Family). Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commission had heard this request at their meeting of August 1, 1973, and had recommended unanimously that this Special Use Permit be issued. Mrs. Schillmoller stated that this public hearing had originally been scheduled for August 20, 1973, at which time the Commissioners had continued the hearing to September 17, 1973, in order to give the Petitioner time to consult with the residents of the area in an effort to remove objections that had been raised. Mrs. Schillmoller stated further that this item was once again tabled at the Commission meeting of September 17,'1973, at the request of Mr. George T. Clark, Jr., the attorney representing the residents of the area. Mr. A. Y. Lennon, Attorney at Law, appeared before the Board representing the Peti- tioner, Mr. D. H. Johnson, and his son, Mr. Roger Johnson. Mr. Lennon presented the Board with a petition signed by approximately 300 people in favor of Mr. Johnson's Special Use Permit, approximately 30~of whom were present at the meeting. Mr. George T. Clark, Jr., Attorney at Law, appeared before the Board to represent the residents of the area who were protesting the issuance of this Special Use Permit. Mr. Johnson indicated that he would be agreeable to the installation of a greenery buffer from the area south of Item 6 on the map running along the eastern property line to the waterway. After considering the following four items, (a) that the use would 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 met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting propetty, or the use was a public necessity; and, (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Commissioner Hall moved, seconded by Commissioner Wright, that a Special Use Permit be issued as to property owned by Mr. D. H. Johnson, the Petitioner, based on the following conditions. 1. That there would be no structure constructed on the end of the pier, 2. That there would be no parking of co~ercial vehicles along the end of the pier • or on the turn into the channel, 3. That the parking lot be paved and marked. Upon vote, motion carried unani~ously. ~o~ MINUTES OF REGULAR MEETING, OCTOBER 1, 1973 (CONTINUED) PUBLIC HEARING (CONTINUED) Public Hearin~ to consider a request to rezone property on the east and west sides of North College Road (N. C. Hwy. 132) between S. R. 1318 and Castle Hayne Road (N. C. Hwy. 117) from R-15 (Single Family District) to I-2 (Industrial District) in Zoning Area ~~8A. Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commission had heard this request at their meeting of September 5, 1973, and had recommended unanimously that this request be approved. Mrs. Schillmoller read Section 57-A, Item 3, of the County Zoning Ordinance as follows: ~ "Where a use abuts a Residential District, a visual buffer with a minimum of six (6) feet in height shall be provided and maintained along said property line. The buffer shall be a combined fence and evergreen hedge or shrubbery screen." Mrs. Schillmoller stated that, since it was not legal to make the establishment of a buffer a condition of rezoning, that~a copy of the minutes of the proceedings be forwarded to the County Building Inspector, if zoning were granted, for his enforcement of the I-2 Zoning Ordinance buffer provision. Chairman Vaughan asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Co~issioner Powell moved, seconded by Commissioner Davis, that this rezoning request be appx'oved. Upon vote, motion carried unanimously. (Ordinanee rezoning this property is contazned in Zoning Ordinance Book I, Section 8A, Page 4.) Public Hearing to consider an application for a Special Use Permit to use property on the south side ot Cedar Avenue between South College Road (N. C. Hwy. 132) and MacMillan Avenue for an electrical substation in an R-15 District (Single Family) in Zoning Area ~~9B. Mrs. Schillmoller stated that this application had been reviewed by the Planning Commission at their meeting of September 5, 1973, and they had recommended unanimously that this Special Use Permit be issued based on the following conditions. 1. Plan as submitted with the application for Special Use Permit; and 2. That the applicant provide and maintain a solid buffer screen with a minimum height of six (6) feet along the property abutting Cedar Avenue, with the exception of the marl drive. Mr. A. Dumay Gorham, Attorney at Law,,appeared before the Board to represent the Petitioner, Carolina Power & Light. Chairman Vaughan asked~if there were anyone present to protest the issuance of this Special Use Permit, and no one spoke in opposition. After considering the following four items, (a) that the use would not materially endanger the public health or safety if located where proposed and developecl according to the plan as submitted •and approved;"(b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property, or the use was a public necessity; and, (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Commissioner Hall moved that this Special Use Permit be issued subject to the conditions as recommended by the Planning Commission. Motion died for lack of a second. Chairman Vaughan offered the substitute motion, seconded by Commissioner Powell, that this Special Use Permit be issued based on the conditions as recommended by the Planning Commission with the additional condition that a buffer screen witha ~inimum height of six (6) feet be maintained completely surrounding the transformer station. Upon vote, motion carried unanimously. Public HearinQ to consider an application for a Special Use Permit to use property on the west side ot Carolina Beach Road (U. S. Hwy'. 421) between S. R. 1527 and Lehigh Road for a gift shop in an R-15 District (Single Family) in Zoning Area ~~4. Mrs. Schillmoller-stated that the Planning Commission had heard this request at their meeting of September 5, 1973, and had recommended unanimously that this Special Use Permit be issued based on the plan as submitted with the application for Special Use Permit. Mrs. Schillmoller stated that, since the Planning Commission's meeting, the applicant had amended his plan to include a 70' x 100' storage building and that the Planning Staff had shown a copy of the revised paln to the Building Inspector for his review and cou¢nent. She stated that it was the Staff's recommendation that, if the Special Use Permit were issued, it be issued based on the condition recommended by the Planning Coummission and based on the plan as approved by the County Engineer. Chairman Vaughan moved, seconded by Commissioner Powell, that this request be denied. Commissioner Davis offered the substitute motion, seconded hy Commissioner Powell, that this item be tabled until the Commission meeting of October 15, 1973, at which time the Petitioner should appear to give a more detailed plan of what was intended. Upon vote, rsubstitute motion was approved as follows:• Voting Aye: Commissioners Davis, Hall, Powell and Wright. Voting Noe: Chairman Vaughan. ~0~~ MINUTES OF REGULAR MEETING, OCTOBER 1, 1973 (CONTINUED) PUBLIC HEARING (CONTINUED) Public Hearing to consider an application for a Special Use Permit to use property on the west side ot Blue Clay Road (S. R. 1318) approximately 3,000 feet north of Parmele Road and S. R. 1002 for a convenience food store in an R-15 District (Single Family) in Zoning Area ~~8A. Mrs. Schillmoller stated that this application had been reviewed by the Planning Commission at their meeting of September 5, 1973, and they had recommended unanimously that this Special Use Permit be issued based on the following conditions. 1. Plan as submitted with the application for Special Use Permit; and 2. That there shall not be any retail activity or related materials storage permitted in the trailer. After the Commission had considered the following four items, (a) that the use would not materially endanger the public health or safety if located where proposed and de"veloped according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property, or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be locaied and in general conformity with the plan of devel- opment for New Hanover County, Co~issioner Powell moved, seconded by Chairman Vaughan, that this request be denied as it appeared to be an unnecessary intrusion of a commercial business into a residential zone. Commissioner Davis offered the substitute motion that this item be tabled until October 15, 1973, pending the appearance of the Petitioner. Motion died for lack of a second. Upon vote, the original motion was approved as follows: Voting Aye: Commissioners Hall, Powell and Wright, and Chairman Vaughan. Voting Noe: Commissioner Davis. Public Hearin~, to consider an application for a Special Use Permit to use property east of Masonboro Loop Koad between S. R. 1521 and S. R. 1519 for multi-family dwellings in an R-15 District (Single Family) in Zoning Area ~p4. Mr. Terry Harlacher, Staff Planner, stated that the Planning Commission had heard this request at their meeting of September 5, 1973, and had recommended that this Special Use Permit be issued based on the plan as submitted with the application for Special Use Permit. The following gentlemen appeared on behalf of the petition: Mr. John Newton, Attorney at Law; Mr. Bob Sawyer, architect with Ballard, McKim and Sawyer; Mr. Henry von Oeson of Henry von Oeson & Associates; Mr. A1 Greenfeld of Midtown Contractors, Inc.; and Mr. Jim Pridemore representing Hanover Realty Company. Chairman Vaughan asked if there were anyone present to oppose the issuance of this Special Use Permit, and no on spoke in opposition. Commissioner Hall moved, seconded by Co~issioner Davis, that this Special Use Permit be issued subject to the same condition as had been recommended by the Planning Commission. Chairman Vaughan offered the substitute motion, seconded by Commissioner Powell, that this item be tabled until:;.October 15, 1973, until Commissioners Davis and Powell returned from their tour of the Maryland Coast; that the sewerage matter be thoroughly explored with an economic analysis of piping to the Southside Plant versus building a private treatment plantbeing furnished; and pending a traffic impact statement from the State Highway Commis- sion; and pending in£ormation on water run-off (suYface and subsurface drainage). Commissioner Powell stated that he was concerned about precedent setting with regard to density increase because this Special Use Permit would increase the density three times that of what was allowed by the current R-15 zoning. Upon vote, substitute~motion was approved as follows: Voting Aye: Commissioners Powell, Wright and Chairman Vaughan. Voting Noe: Commissioners Davis and Hall. Chairman Vaughan closed the public hearing to discussion. DRAINAGE COMPLAINT - PINE VALLEY SUBDIVISION Mr. Billy F. Narron ot 522 Bedford Forest Drive and Mr. Kenneth C. Williamson of 605 Robert E. Lee Drive appeared before the Board to report a drainage problem that the residents of the Pine Valley Subdivision located west of N. C. Highway 132 and between Pine Valley Drive and Bragg Drive were experiencing due to an apartment complex being constructed contiguous to the affected area. Mr. Williamson presented a petition to the Board signed by residents of Bedford Forest Drive and Robert E. Lee Drive requesting that the Board of Commissioners 2op all work on the apartment complex until the developer provided a sufficient drainage outlet. Mr. Carl Flinner of Klingbell Company, the general contractor for the apartment complex, appeared before the Board to state that he was aware of the drainage problem that was being ~aused and had obtained larger drainage pipes but was waiting to hear from the State Higt~way Commission as to whether or not these pipes would be sufficient. Mr. Richard Epling, County Engineer, stated that he was aware of the situation and he, like Mr. Flinner, was waiting to hear the recoaunendation of the State Aighway Commission. ~~~ MINUTES OF REGULAR MEETING, OCTOBER 1, 1973 (CONTINUED) ARROWHEAD SUBDIVISION SECTION 3 Mr. Terry L. Har~acher, 5taff Planner, appeared before the Board to present the final sub- division plat for Arrowhead Subdivision, Section 3. He stated that this plat fell under the twenty-five (25~ lot provision of the Subdivision Regulations. . Commissioner Hall moved, seconded by Co~issioner Wright, that this subdivision plat be approved for recording and that the Chairman be authorized to sign it. Upon vote, motionccarried unanimously. PURCHASE OF PEARSALL PROPERTY The Co~ission had been advised by letter dated September 24, 1973, that the owners of the Pearsall property located on the northeast corner of Third and Market Streets would accept the County's offer of $47,250, which was an average of two appraisals the County had had made of the property. Upon request of Commissioner Davis, Chairman Vaughan moved, seconded by Commissioner Hall, that Commissioner Davis be allowed to abstain from voting on this issue. Upon vote, motion carried unanimously. Commissioner Hall moved, seconded by Co~issioner Powell, that this piece of property be purchased by the County for $47,250 as a part of the site for the proposed new courthouse and jail and that this amount be transferred from the General Revenue Sharing Trust Fund to a new fund to be called Courthouse Construction Fund. Upon vote, motion carried as follows: Voting Aye: Co~issioners Hall, Powell and Wright, and Chairman Vaughan. Abstaining: Co~nissioner Davis. RECOMMENDATION ON PARK AT NORTHEAST CAPE FEAR RIVEi2 County Manager Eller reported to the Board that he and Chairman Vaughan had reviewed the site of the proposed park and stated that it was their recommendation that the Commission propose to the State Wildlife Commission that a boating access area be constructed on a portion of the property east of the existing boat ramp. Chairman Vaughan moved, seconded by Commissioner Powell, that County Manager Eller be autho- rized to negotiate with the State as to the best site and the best terms for a boating access, telling the 5tate that the County did intend to go ahead with it, and report back to the Commission at a subsequent meeting. Upon vote, motion carried unanimously. SALE OF PROPERTY AT 812 RANKIN STREET Attorney Joseph 0. Taylor, Jr., had advised the Commission that the most recent bid on the property at 812 Rankin Street, after three advertisings, had been in the amount of $1,425:~, He had further advised that the property had been appraised at $3,800; and, if the Commissions did not wish to accept the most recent bid and would like to file an upset bid on behalf of the County, this must be done by Monday, October 1. Mr. James C. Fox, County Attorney, stated that it would not be necessary for the County to file an upset bid in that an upset bid had been filed and the property would be readvertised. RESOLUTION APPROVING APPLICATION FOR LEAA GRANT FOR UPGRADING COMMUNICATIONS EQUIPMENT IN THE SHERIFF'S DEPARTMENT Upon motion by Commissioner Davis, seconded by Commissioner Hall, the following resolution was unanimously adopted. WHEREAS, the New Hanover County Board of Commissioners herein called the "Applicant" has thoroughly considered the problem addressed in the subgrant application entitled Regional Communications 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 Carolina 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 Board of Commissioners IN OPEN MEETING ASSEMBLED IN THE CITY OF WILMINGTON, NORTH CAROLINA, THIS lst DAY OF OCTOBER, 1973, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Applicant and the general public. 2. That Dan Eller 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 $41,250 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 $10,312 and a local in-kind matching contribution valued under LEAA guidelines at -0- (or proportionately 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 arrangements for other appropriate persons to £urnish such information, data, documents and reports pertaining to the project, if approved, as may be required by the Division of Law and Order. S. That certified copies of this resolution be included as part of the application referenced above. 6. That this resolution shall take effect i~ediately upon its adoption. ~o~ MINUTES OF REGULAR MEETING, OCTOBER 1, 1973 (CONTINUED) DISCUSSION OF WRITING NATIONAL GYPSUM COMPANY Commissioner Hall moved that the Chairman be directed by a majority opinion of the Board to write a letter to National Gypsum Company and tell them that the Commission was delighted that they were going to be a neighbor in the industrial community and further that the Commission review the letter be£ore:being mailed. Chairman Vaughan seconded the motion, stating that,he would not necessarily say "delighted" but would second motion welcoming them if they come. Co~issioner Powell offered the substitute motion that the majority decision of the Board be written in a'letter by a member of the majority decision for the Chairman's signature as expressing the sentiment of the Board. Motion died for lack of a second. Commissioner Hall stated that he would put in his motion that Commissioner Powell be authorized to write the letter for the Chairman's signature. Chairman Vaughan stated that he would not sign a letter written by Commissioner Powell under those kind of instructions but that he would write a nice letter to the man and tell him about the majority opinion. Mrs. G. A. Cochran appeared before the Board and read the following letter which she stated she had written to send to the Star-News. "To the Editor: I feel as a citizen who voted for the embattled Mr. Vaughan I must speak out in his defense. I voted for Mr. Vaughan for many reasons, but primarily because he recognized the population problems of this county and all the ills that accompany it. We are now faced with the necessity of building new schools, our highways are clogged, our ability to co~une with nature at our beaches or in our country- side has reached a low that is heart-saddending. All the gentlemen upon the co~ission who oppose Mr. Vaughan stand to gain monetarily from increased industrialization of New Hanover County as do the official promoters of industry, i.e., the Committee of 100, the members of the Chamber of Commerce and the State Ports. Mr. Vaughan, who is also a business- man who would stand to gain monetarily, has had the integrity to represent the greater good for the greater number. ,_.' :,His desire is mine--the desire of a climate removed from the ills that plague other cities in the state and country; pollution, over-population, crime. These communities at one time were seduced by that most flexible of all words and so often a misnomer--progress. Many things cannot be undone but a little vision keeps them from happening initially. I call upon the leaders of our community to enlarge their vision and give a thought to the quality and not the quantity of life." Chairman Vaughan requested that everybody iaho wanted to have this letter to National Gypsum written have anything they wanted in the letter in the County Manager's office by noon on Tuesday, October 2, 1973. He stated further that there would be a minority report written also. . . Upon vote, motion was approved as follows: Voting Aye: Commissioners Davis, Hall and Powell. Voting Noe: Chairman Vaughan and Co~issioner Wright. NEW HOPE DAM LITIGATION (For addition, see Page 509) Commissioner Hall moved, seconded by Commissioner Powell, that the Board authorize and direct Mr. Fox, County Attorney, to lend his best offices to the New Hope Dam litigation and that included in this,motion be the expense of Mr. Fox's September 21, 1973, trip to Greensboro, North Carolina, to attend the Conference on the Final Pre=Tria1 Order. Upon vote, motion was approved as follows: Voting Aye: Commissioners Davis, Hall and Powell. Voting Noe: Commissioner Wright and Chairman Vaughan. TRANSFER OF FUNDS - SCHOOLS Dr. Heyward C. Bellamy, Superintendent of County Schools, appeared before the Board to request the following transfer of funds. FROM - Re~ular BudQet 622 Salaries - ROTC $5,200 626 Vocational Salaries 2,600 $/,tiUU TO ReQUlar Bud~et 627-1 Secretaries in Schools $7,800 Dr. Bellamy stated that this transfer was needed in order to meet comparability require- ments of ESEA Title I. Commissioner Davis moved, seconded by Coffiissioner Wright, that this transfer of funds he approved. Upon vote, motion carried unanimously. MINUTES OF REGULAR MEETING, OCTOBER 1, 1973 (CONTINUED) INCREASE OF STATE FUNDS FOR TRAINABLE CHILDREN Dr. Heyward C. Bellamy, Superintendent oi Schools, appeared before the Board to request that state participation for TRAINABLE CHILDREN in the Regular Budget be increased from $47,900 to $58,872. He stated that this additional amount would be received from the State. Commissioner Wright moved, seconded by Co~issioner Powell, that this request be granted Upon vote, motion carried unanimously. DISCUSSION OF COUNTY AUDITOR Commissioner Wright pointed out over-estimates of fund_balance at June 30, 1973, in the Public Assistance, Health, and School funds and requested the Board to ask for Mr. Ross's (County Auditor) resignation. Chairman Vaughan called a special meeting to be held on Monday, October 8, 1973, at 8:00 AM to discuss this issue. DISCUSSION OF NEW ACCOUNTING MACHINE Commissioner Davis reported that approval of the Board would be needed to get bids on an electronic accounting machine if it were decided to go into this type of system. By common consent, this item was deferred until after the meeting of Monday, October 8, 1973. DZSCUSSION OF CAROLINA BEACH LANDFILL By common consent, Commissioner Davis was given authority to approach the Carolina Beach Town Council regarding a transfer station in an effort to secure their participation inacounty- wide system. REDUCTION OF LANDFILL RATE Commissioner Davis reported that Mr. Lonnie C. Poole, President of Waste Industries, Inc., had agreed to reduce the landfill rate to 70C due to the fact that a transfer station had not been installed in the southern part of the County as had been anticipated when the 75C rate was put into effect. ' Chairman Vaughan moved, seconded by Co~nissioner Hall, that the landfill rate be reduced to 70~ e£fective~October 2, 1973. Upon vote, motion carried unanimously. DISCUSSION OF ADDITZONAL ACCESS ROAD TO SANITARY LANDFILL Commissioner Powell reported that, as directed by the Board, he had written the State High- way Commission with regard to paving an additional access road to the sanitary landfill. He read a letter from Mr. Medlin, Division Engineer, restating the Highway Commission's denial of this request. TOUR OF MARYLAND COAST By common consent, Commissioners Davis and Powell and County Manager Eller were authorized to take a tour of the Maryland Coast being sponsored by the North Carolina Department of Natural and Economic Resources. COMMITTEE APPOINTMENTS Atter a brief recess to go into executive session to discuss committee appointments, the meeting reconvened and Chairman Vaughan made the following appointments. Mr~.Alex S. Hall was appointed to the Regional Mental Health Board; expiration of term to be decided upon at a later meeting. Mr. Thomas Wood Burriss was appointed to the Jury Co~ission for a two-year term; term to expire September 30, 1975. Mr. Paul S. Grimsley was appointed to fill the unexpired term of Mrs. Ned McEachern on the Wilmington-New Hanover Museum Board of Trustees; term to expire June 30, 1974. ADJOLiRNMENT There being no further business to come before the Board, Chairman Vaughan adjourned the meeting at 4:45 PM. Respectfully submitted, ~ 1 L~ . Kin~ Clerk to the Board k MINUTES OF SPECIAL MEETING, OCTOBER S, 1973 ASSEMBLY The New Hanover County Board of Commissioners met in special session on Monday, October 8, 1973, at 8:00 AM in the Assembly Room, County Coffinission 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 Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. Chairman Vaughan called the meeting to order. DISCUSSION OF AUDITOR'S OFFICE Chairman Vaughan moved, seconded by Commissioner Powell, that the discussion of the processes in the County Auditor's office be held in executive session. Commissioner Hall stated,for the record, that he felt that the attack on the County Auditor in the public meeting of October 1, 1973, was a classic example of poor taste.