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1973-11-05 Regular Meeting~~~ MINUTES OF SPECIAL MEETING, OCTOBER 24, 1973 ASSEMBLY The New Hanover County Board of Commissioners met in special session on Wednesday, October 24, 1973, at 8:00 AM in the Assembly Room, County CommissioneBuilding, 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. Vice Chairman Wright called the meeting to order as Chairman Vaughan was temporarily absent from the meeting. APPROVAL OF SCHEDULES OF VALUES, STANDARDS, AND RULES FOR OCTENNIAL REVALUATION Mr. Larry S. Powel~, Tax A~ministrator, and Messrs. Bruce Grove and Jim Clemons, Cole-Layer- Trumble Company, explained the schedules of values, standards, and rules to be used in appraising real property in New Hanover County for the octennial revaluation to be effective January 1, 19.75. After the Commission had reviewed these schedules, Commissioner Hall moved, seconded by Commissioner Powell, that these schedules be approved and that notice of this action be advertised in compliance with North Carolina General S~tatute 105-317. Upon vote, motion carried unanimously. DISCUSSION OF COURTHOUSE - JP;IL CONSTRUCTION Commissioner Yowell reported that he had heard from Mr. Roger Clark, Consultant to the•Board with the N. C. State School of Design, and that he had recommended the following: (1) That the Board decide on a realistic cost factor for the building because this could have a big impact on what architects would be interested. (2) That he, Mr. Clark, give the information to the State Architectural Association because they were constantly in touch with all architects in the state, and he would get responses from interested architects and could screen those down to 10 or 12. He recommended further that the Board not eliminate consideration of an architect 'as far away as Atlanta or Washington. (3) That the Board consider the possibility of having a local firm in association with an out-of-town firm. Chairman Vaughan moved, sec.onded by Commissioner Powell, that the Board take the action recommended by Mr. Clark. Commissioner Davis offered the substitute motion that the Board first interview all interested local architects and, at that time, make a decision whether or not to use a local architect and, if it were decided not to use a local architect, that the Board then begin interviewing outside. Motion died for lack of a second. Upon vote, original motion was approved as follows: Voting Aye: Commissioners Hall, Powell, Wright and Chairman Vaughan. Voting Noe: Commissioner Davis. By common consent, Chairman Vaughan was authorized to write Cape Fear Technical Institute, New Hanover Memorial Hospital and the New Hanover County Schools to determine how original bids compared with architect's estimates on recent construction. ADJOURNMENT Commissioner Hall moved, seconded by Commissioner Powell, that the meeting be adjourned. Upon vote, motion,carried unanimously. There being no further business to come before the Board, Chairman Vaughan adjourned the meeting at 9:50 AM. Respectfully submitted, ,~-~.~..~~-~. Lise K. King Clerk to the Board k MINUTES OF REGULAR MEETING, NOVEMBER 5, 1973 ASSEMBLY . The New Hanover County Board of Coffiissioners met in regular session on Monday, November 5, 1973, at 9:00 AM in the Ass;embly 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 Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. Chairman Vaughan called the meeting to order. Commissioner Powell offered the invocation. APPROVAL OF MINUTES: SPECIAL MEETING, OCTOBER 8, 1973 Upon motion by Commissioner Powell, seconded by i,ommissioner Hall, the minutes of the special meeting held on October 8, 1973, were unanimously approved as presented. ~1'7 MINUTES OF REGULAR MEETING, NOVEMBER 5, 1973 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 15, 1973 Coffinissioner Wright requested that on Page 515, under "Discussion of Expenditures which Exceeded Fiscal Year 1972-1973 Budget," the minutes reflect that she was appointed to investigate this matter at her request. On Page 513, line 2, under "Carolina Beach Landfill - Extension of County-Leased Land," Commissioner Davis pointed out that "property" was misspelled as "peroperty." Gn Page 510, under the second Public Hearing for "multi-family dwellings," Chairman Vaughan requested that the minutes reflect that Mr. A1 Greenfeld of Midtoti*n Contractors, Inc., stated that he would he willing to spend the additional approximately $50,000 necessary to build a force main to the City's Southside Sewerage Plant over what it would cost the development to build its own treatment plant. On Page 510, under the second Public Hearing for "multi-family dwellings" Commissioner Davis requested that the minutes show that Mr. von Oeson was requested to inform the Board of the City's response to their request of pumping to the Southside Treatment Plant. On Page 511, under "Public.Hearing - County Environmental Policy Ordinance," Chairman Vaughan requested that the following cou~ents by Mrs. Bobbie Hunter Boney, standing in for Mr. Barry Grimm, Chairman of the Cape Fear Group of the Sierra Club, be included as part of the record. These comments are as follows: She stated that local government, city planners, the public and the developers would benefit from an environmental impact statement. The use of local environmental impact statements, as proposed, would provide a method by which the public, its government, and the private sector could each fulfill its responsibility to the other for sound land use and development practices. On Page 511, under "Public Hearing - County Environmental Policy Ordinance," Commissioner Davis requested the comments of Mr. Robert Caulder and Mr. Jack Perdue also be included in the minutes as a matter of record. These comments were as follows: Mr. Robert Caulder, representing the New Hanover County Homebuilders Association, stated that what was needed rather than this ordinance was mature, effective planners who could identify environmental problems and require builders and developers to furnish whatever the Planning Staff felt would be satifsactory so that they could make their recommendation to the Planning Commission. He stated further that he felt this ordinance would be a dangerous thing because the United States was established with a plan of having a government of laws and not of inen so that people would know where they stood. He stated that, in his opinion, the ordi- nance was so vague that it gave an arbitrary power of harrassment which would slow down local developers and builders and allow big men from out of town to come in who could afford the delays this ordinance would cause. Mr. Jack Perdue, President of the Wilmington Board of Realtors, stated that, in his opinion, sufficient legislation already existed to insure the environmental interests of the public. He stated that the Planning Staff and Planning Commission had been charged with the responsibility of evaluating actions affecting the environment and that the existent machinery in New Hanover County just needed gearing up to do so. Upon motion by Co~issioner Powell, seconded by Commissioner Hall, the minutes of the regular meeting held on October 15, 1973, were unanimously approved as amended. APPROVAL OF MINUTES: SPECIAL MEETING OCTOBER 24, 1973 Upon motion by Commissioner Powe~l, seconded by Commissioner Hall, the minutes of the special meeting held on October 24, 1973, were unanimously approved as presented. APPROVAL OF ATTORNEY'S FEE FOR THE BOARD OF ELECTIONS Upon motion by Commis,sioner Davis, seconded by Commissioner Hall, a request from the Board of Elections for funds to secure an attorney for a challenge hearing at Wrightsville Beach was unanimously approved with the funds to be transferred from Professional Services (11 470 04) to the Board of Elections'.budget when the attorney's bill was received. CONQIENTS BY COMMISSIONER D'AVIS TO CHAIRMAN VAUGHAN In a brief statement, Co~issioner Davis took exception to several memorandums that Chairman Vaughan had written and to co~ents of Chairman Vaughan's that had appeared in the Star-News and asked Chairman Vaughan to respect his differences of opinion as he respected his. COMMENTS BY CHAIRMAN VAUGHAN ON PLANNING AND ZONING Chairman Vaughan requested that a stricter view be taken of land use and subdivision of property in the planning and zoning of New Hanover County. APPROVAL OF COUNTY MANAGER ELLER'S DEVELOPMENT OF REVISED SUBDIVISION REGULATIONS County Manager'Eller requested authorization to begin development of revised subdivision regulations. He stated that the new law that would give the County the authority to strengthen its subdivision regulations and enf~rcement of regulations would be in effect February~l, 1974. He stated further that he would invite the input of the homebuilders, surveyors, etc., and that it would be of benefit to him in interviewing for the Planning Director if he could tell them that this was a priority item with Commission endorsement. Commissioner Powell moved, seconded by Commissioner Hall, that County Manager Eller be authorized to begin development of revised subdivision regulations. Upon vote, motion carried unanimously. By common consent, Chairman Vaughan was requested to write the City Council so that this could be correlated with the City of Wilmington's activities. PUBLIC HEARING 1 Chairman Vaughan opened the Public Hearing to discussion. Public Hearing to consider a request to rezone property on the west side of North College Road (N. c;. tiwy. 13t) approximately 753 feet north of the intersection of North College Road (N. C. Hwy. 132) and Market Street (U. S. Hwy. 17) from R-15 (Single Family District) to B-2 (Business District) in Zoning Area ~~9A. ~~~ MINUTES OF REGULAR MEETING, NOVEMBER 5, 1973 (CONTINiIED) PUBLIC HEARING (CONTINUED) Mrs. Judy Schillmoller, Acting Planning Di'rector, stated that this request had been heard by the Planning Commission at their meeting of October 3, 1973, and that they had recommended that this request be approved. Mrs. Schillmoller stated that the Planning Staff had recommended that this request be denied because there was no demonstrated need for B-2 Zoning and because of comments by the State Highway Commission regarding an access road to the property. , Mr. Edwin Hughes, the Petitioner, appeared before the Board. Chairman Vaughan asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Commissioner Powell moved, seconded by Chairman Vaughan, that, in view of the State High- way Commission's statement and the Planning Staff~•_s reco~endation, this request be denied. After a brief discussion, Mr. Hughes stated that he would try to acquire more land for an access road or get a favorable opinion from the State Highway Commission. Commissioner Powell withdrew his motion. Commissioner Davis moved, seconded by Co~issioner Hall, that this request be tabled until such time as Mr. Hughes could return with more posi"tive information regarding an access road. Upon vote, motion carried unanimously. Public Hearing to consider a request to rezone property on the southwest corner of Military ~Cut-Off Road (U. S. Hwy. 76) and Allen Lane (S. R? 1413) from R-15 (Single Family District) to B-2 (Business District) and after rezoning, application for a Special Uae Permit to use the previously described property for storage and distribution facilities in Zoning Area ~k2. Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commis.sion had heard this request at their meeting of October 3, 1973, and had recommended that this request be approved. Mr. Stan3ey Rehder appeared on behalf of the applicant, Mr. J. C. Parker, and presented affidavits from those residents zi1°the area who had been contacted stating that they did not object to the rezoning request or the issuance of the Special Use Permit. ' Chairman Vaughan asked if there were anyone present to protest this rezoning request or the issuance of the Special Use Permit, and no one spoke in opposition. Chairman Vaughan moved that, in view of the fact that there was no demonstration of a need to create another commercial area in the community, this request be denied. Motion died for lack of a second. • Commissioner Aall moved, seconded by Commissioner Powell, that this rezoning request be approved. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Powell and Wright. Votin~ Noe: Chairman Vau han. (See Page 524 for Addition) (Ordinance rezoning this property is contained an Zomng Ordinance Book ~, Section 2, Page 8.) 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 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 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 develop- ment for New Hanover County, Cou~issioner Powell moved, seconded by Commissioner Hall, that this Special Use Permit be issued based on the following conditions. 1) Plan as submitted with the application; 2) The applicant provide and maintain a 20 foot wide buffer along S. R. 1409 consisting of trees and shrubs and natural cover, enough to provide an adequate green screen; and 3) Sole access to the tract be from Allen Lane. Upon vote, motion carried as follows: ~ Voting Aye: Commissioners Davis, Hall, Powell and Wright. Voting Noe: Chairman Vaughan. Public HearinQ to consider an application for a Special Use Permit to use property on S. R. 15U5 between S. R. 1492 (Masonboro Loop Road) and Westchester Road on the north side of the road for a church activity building in the Masonboro Zoning Area. Mrs. Judy Schillmoller, Ac.ting Planning Director, stated that the Planning Commission had heard this request at their meeting of October 3, 1973, and had recommended that this Special Use Permit be issued based on the plan as submitted with the application. Chairman Vaughan asked if there were anyone present to oppose the issuance of this Special Use Permit, and no one spoke in opposition.`~ 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 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 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 519 MINUTES OF REGULAR MEETING, NOVEMBER 5, 1973 (CONTINUED) PUBLIC HEARING (CONTINUED) with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Commissioner Davis moved, seconded by Commissioner Wright, that this Special Use Permit be issued based on the plan as submitted with the application. Upon vote, motion carried unanimously. Public Hearine to consider an application for a Special Use Permit to use property on the south side of Hooker Road between Wrightsville Avenue and Mallard Drive for a duplex in an R-15 (Single Family) District in Zoning Area ~~9B. Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commission had heard this request at their meeting of October 3, 1973, and had recommended that this Special Use Permit be issued based on the plan as submitted with the application. Mr. Danley M. Hooker, the Petitioner, appeared before the Board. Chairman Vaughan asked if there were anyone present to oppose the issuance of this Special Use Permit, and no one spoke in opposition. After the Commission had considered the following fouritems: (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 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 develop- ment for New Hanover County, Commissioner Wright moved, seconded by Commissioner 'Powell_, that'this Special Use Permit be issued based on the plan as submitted with the application. Upon vote, motion carried unanimously. Chairman Vaughan closed the Public Hearing to discussion. APPROVAL OF RAISING BONDSMEN'S FEE Mr. C. R. Williams, Bondsman, appeared before the Board to request that the bondsmen be permitted to increase their fee from 10 to 15 percent of the amount of the bond for each bond signed by them. County Manager Eller reported that this would have to, be done by request to the General Assembly to amend New Hanover County's local act to raise the upper limit to 15 percent. Commissioner Hall moved, seconded by Commissioner Powell, that County Manager Eller be authorized to ask the County's legislators to introduce such legislation. Commissioner Wright stated that she would like for this reques.t to be subject to informa- tion developed by asking the bondsmen~to tell something about their statistics about their business; general information on how many of their bonds fail. In discussion, however, the general coneensus of the Board was that this would be an intrusion into the private business affairs of the bondsmen. Upon vote, Commissioner Hall's motion was approved as follows:, Voting Aye: Co~issioners Davis, Hall, Powell and Wright. Voting Noe: Chairman Vaughan. LUNCH RECESS Chairman Vaughan recessed .the meeting for lunch from 12:15 - 1:15 PM. INTENT OF CITY OF WILMINGTON TO COOPERATE IN EXTENSION OF CITY UTILITIES OUTSIDE CORPORATE LIMITS Chairman Vaughan presented a l~tter from Mayor Herbert B. Brand of the City of Wilmington dated November 5, 1973, stating the intent of the City of Wilmington to cooperate in the extension of city utilities outside corporate limits, and County Manager Eller was requested to send this to Mr. Henry von Oeson to be submitted along with other required documents as part of the County's application for Water and Sewer Planning Assistance Funds. LETTER FROM GOVERNOR HOLSHOUSER REGARDING TREES ALONG MARKET STREET (See Page 524 for Addition) Chairman Vaughan pres'~ented a letter from Governor .7ames E. Holshouser, Jr., dated October 31, 1973, in response to the Commission's letter to him with regard to 'the preservation of the great live oak tree's along Market Street. APPROVAL OF LEAA GRANT FO1Z T. V. MONITORS AT THE L"(>WER Ct1PE FEAR JUVENILE SERVICES CENTER Upon motion by Commissioner Davis, seconded by Commissioner Hall, the following resolution was unanimously_adopted. WHEREAS, the New Hanvoer County Board of Commissioners herein called the "Applicant" has thoroughly considered the problem addressed in the subgrant application entitled New Hanover T. V. Monitors 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 COUPITY BOARD OF COMMISSIONERS IN OPEN MEETING ASSEMBLED IN THE CITY OF WILMINGTON, NORTH CAROLINA, THIS 5th DAY OF NOVEMBER, 1973, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Applicant and the general public. 2. That Dan W. 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 ~~~ MINUTES OF REGULAR MEETING, NOVEMBER 5, 1973 (CONTIN[JED) APPROVAL OF LEAA GRANT FOR T. V. MONITORS AT THEI~WER CAPE FEAR JUVENILE SERVICES CENTER (CONTINUED) oY $Z,100 to be made to the Applicant to assist in defraying the cost oY the project desciibed in the application. This individual shall act as the auChorized 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 $525 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) a•s 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 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 refer- enced above. 6. That this resolution shall take effect i~ediately upon its adoption. DONE AND ORDERED in open meeting. REQUEST FOR DEPUTIES AT AIRPORT The Airport Commission had reported that, due to difficulties in obtaining security guards from priv,ate firms, they recommended two additional full-time deputies be authorized for the Sheriff's Department to enable the Sheriff's Department to provide the proper security. Sheriff Grohman had indicated that two adclitional deputies would be sufficient. Mr. John A. Westbrook, Airport Manager, appeared before the Board to discuss this proposal. Mr. Thomas J. Muno, Sr., appeared on behalf of his company, American Security and Investi- gation Systems, Inc., Mr. Muno informed the Commission that his organization was fully staffed and competent to meet all requirements of the Airport with respect to security guards. Commissioner Wright moved, seconded by Chairman Vaughan, that this item be tabled and that Chairman Vaughan write the Airport Commission and request they hear Mr. Muno at their next meeting. Upon vote, motion carried unanimously. TRANSFER OF FUNDS - COURTHOUSE CONSTRUCTION FUND Upon motion by Chairman Vaughan, seconded by Commissioner Powell, a transfer of two hundred dollars ($200) from General Revenue Sharing Trust Fund to CourtY-,ouse Construction Fund to permit payment of two appraisals of the property at the corner of Third and Market Streets was unani- mously approved. , ADDITIONAL $13,000 FOR ALCOHOLISM PROGRAM The sum of $13,000 had been appropriated in this year's budget for the Alcoholism Program at the Southeastern Mental Health Center, but action by the A.B.C. Board later had made this amount unavailable to the Center. Mr. B. L. Williams, Administrative Officer of the Southeastern Mental Health Center, had requested that the $13,000 be replaced by increasing to $36,430 the amount of revenues appropriated from the 5S per bottle funds. County Manager Eller had determined that there would be sufficient revenues £rom this source to grant the request. Commissioner Hall moved, seconded by Commissioner Davis, that this request be approved. Upon vote, motion carried as follows: Voting Aye: Co~issioners Davis, Hall, Powell, and Chairman Vaughan. Voting Noe: Cou~issioner Wright. APPROVAL OF TELEPHONE EQUIPMENT FOR NEW HEALTH DEPARTMENT BUILDING County Manager Eller presented a contract in the amount of $3,430 to provide 770A PBX Service for the new Health Department Building. Chairman Vaughan moved, seconded by Commissioner Davis, that County Manager Eller be authorized to sign this contract subject to Commissioner Powell's investigation and approval of it. Upon vote, motion carried unanimously. TRANSFER OF FUNDS - CLERK OF COURT, TRAVEL County Manager Eller reported that the current year's budget contained an appropriation of $500 for Travel in the Clerk of Court's budget. He stated that the sum of $2,088.92 had been charged to this account resulting in an over expenditure of $1,588.92.because of unexpected expenses of an emergency nature incurred in the Monk-Spicer Trial. He stated further that he was holding a bill in the amount of $634.40 for meals furnished the jury in that case. He recommended that the sum o£ $2,523.32 be transferred from unappropriated to appropriated fund balance in the Court of Justice fund and that this amount be added to the Travel Account in the Clerk of Court budget, which would leave a balance of $30D. Upon motion by Commissioner Davis, seconded by Chairman Vaughan, this transfer was unanimously approved. APPROVAL OF CURRENT EXPENSE FUND FOR CAPE FEAR TECHNICAL INSTITUTE As the State Board oY Edcuation required that~community colleges report their current expense budget including all local funds, Mr. Charles Coleman of Cape Fear Technical Institute had submitted the required forms showing the local funds involved. Commissioner Wright moved, seconded by Commissioner Powell, that these forms be approved and that the Chairman be authorized to sign them. Upon vote, motion carried unanimously. ~~~. MINUTES OF REGULAR MEETING, NOVEMBER 5, 1973 (CONTINUED) FUNDS FOR SALARIES AND EQUIPMENT FOR THE ASSZSTANT COUNTY ENGINEER AND DRAFTSMAN At the September 4, 1973, meeting ot the Co~¢nission, the County Manager had been authorized to hire an additional engineer and draftsman, utilizing the Emergency Employment Funds. He had reported at that time that additional funds would be necessary to supplement the engineer's salary inasmuch as EEA funds would not pay the full amount and, also, that some equipment would be necessary. County Manager Eller recommended that, in order to accomplish this, that the revenue item in the General Fund, Inspection Fees (11 357 00), be increased by $2,000 and that in the Expenditure Budget, Engineering Services, the appropriation for Salaries (11 540 02) be increased by $1,600 and the appropriation for Equipment (11 540 74) be increased by $400. Upon motion by Chairman Vaughan, seconded by Commissioner Hall, this budget amendment was unanimously approved. TRANSFER OF FUNDS - JUVENILE SERVICES CENTER County Manager Eller presented an unpaid bill from Hodges Electric Contractors incurred in the construction of the Juvenile Services Center and stated that the construction account had been closed by the auditors on June 30, 1973, the assumption being that all bills had been paid. He stated that this bill in the amount of $1,688.73 had been submitted by the architect on September 4, 1973, and that no funds had been budgeted in the current year's budget for this purpose. County Manager Eller recommended that the sum of $1,688.73 be transferred from the Fees and Charges account (11 522 59) to the Capital Outlay Buildings account (11 522 72) in the Juvenile Services Center budget so that the bill could be paid. He stated that, if it appeared later in the year that more funds would be necessary for Fees and Charges, which was for medical services for detainees, a request would be made to the Commission. Upon motion by Commissioner Hall, seconded by Commissioner Powell, this transfer was unanimously approved. DESIGNATION OF BOUNDARIES FOR THE SOUTH WILMINGTON VOLUNTEER FIRE DEPARTMENT County Manager Eller presented a boundary description for the South Wilmington Volunteer Fire Department prepared by Gen. Andrew H. Harriss, Civil Preparedness Coordinator, and requested that the Commissioners approve it so that it cou~ld be submitted to the North Carolina Fire Insurance Rating Bureau. Upon motion by Chairman Vaughan, seconded by Commissioner Davis, this boundary description was unanimously approved. DISCUSSION OF CITY OF WILMINGTON - By common consent, Criairman Vaughan was requested to write the City of Wilmington about the following items. 1) Frequent mention by Councilmen that the County was not adequately supporting certain phases of the City's operation such as recreation, library, museum, etc., pointing out funds received by the City from county-wide sales tax, A.B.C. sa~les revenue, and County's contribution to Legion Stadium could be used toward these items of benefit to both the County and the City residents; and also~pointing out the contribution the County makes to the Health Department and the Social Services Department, which are used by City residents as well as County residents. 2) The contribution to Legion Stadium which the Commissioners consider their contribution to the City's recreational program. 3) Joint administration of~ the Planning Department. NEW HOPE DAM LITIGATION Chairman Vaughan requested that the Commissioners appropriate an additional $50,000 for attorney's fees in the New Hope Dam Litigation. By common consent, Chairman Vaughan was requested to write Pender County, Brunswick County, and the City of Wilmington to request their appropriating funds to cover a portion of the cost of this litigation. DISCUSSION OF NEW COURTHOUSE (See Page 524 for Addition) Commissioner Davis stated that he would like for the Commission to hold a public hearing on the proposed new Courthouse-Jail facility. No action was taken by the Board. REVENUE SHARING FUNDS AND MENTAL HEALTH CENTER Chairman Vaughan move'd, seconded by Commissioner Wright, that the Counnission state its intention to close the Revenue Sharing Account in order to meet the projects on which it was already engaged and that $236,621 be transferred from the Revenue Sharing Trust Fund to the Mental Health Capital Reserve Fund in order to match the $300,000 to be received from the Medical Care Commission for construction of a new Mental Health Center. Upon vote, motion carried unanimously. County Manger Eller was directed to bring to the November 19, 1973, meeting all Revenue Sharing Budget Transfers for action by the Commission. APPROVAL OF EXPENDITURES BY LINE ITEM WHICH EXCEEDED 1972-1973 BUDGET AND APPROVAL OF BUDGET TRANSFERS IN FISCAL YEAR 1972-1973 NOT RECORDED IN THE MINUTES (See Page 524 for Addition) The County's independent auditors had furnished a list oY line item accounts which had exceeded budgeted amounts in last year's budget and a list of six budget transfers which were recorded on the County's books but for which no authorization could be found in the minutes of the Commissioners' meetings. At the Commission meeting of October 15, 1973, Commissioner Wright had been appointed, at her request, to investigate these items. She had submitted a report to the Board members. '~~~ MINUTES OF REGULAR MEETING, NOVEMBER 5, 1973 (CONTINUED) APPROVAL OF EXPENDITURES BY LINE ITEM WHICH EXCEEDED 1972-1973 BUDGET AND APPROVAL OF BUDGET TRANSFERS IN FISCAL YEAR 1972-1973 NOT RECORDED IN THE MINUTES (CONTINUED) Commissioner Hall moved, seconded by Commissioner Powell, that a transfer of $36,116.45 be approved from Unappropriated Surplus in the appropriate funds to the following accounts to cover the over expenditures submitted by the County's independent auditors as follows: FUND ACCOUNT NUMBER OVER EXPENDED General Fund Auditor Office Supplies and Expense 11.443 $ 118.05 Service Agreements 11.449 244.85 Inspection Office Supplies and Expense 11.457 55.59 Travel 11.460 18b.49 Commissioners • Capital Outlay 11.470 8.50 Coroner Telephone 11.492 .75 Capital Outlay 11.494 36.28 Civil Defense Office space, heat, lights, water 11.501 25.00 Capital Outlay - Generator 11.513 429.03 County Aid Bookmobile 11.516 203.38 Liability & Workmen's Comp. 11.525 246.01 Public Audit 11.529 178.88 Social Security 11.530 1,545.46 Co. Share - Light Bill - James Walker ~ i 11.542 15.00 County Garage ' Gas & Oil for Resale 11.572 1,760.40 Court House Lights & Power 11.583 107.87 Janitorial & Other Supplies' 11.586 215.28 Juvenile Detention Facilities Maintenance 11.629 343.80 Supplies - programs 11.632 31.21 Auto transportation 11.635 15.34 Museum Janitorial Supplies & Service 11.655 18.43 Salaries 11.660 12.73 Mtne. of building 11.665 1.85 Capital Outlay - Displays 11.670 145.07 Purchase Property 11.656 220.50 Register of Deeds Bonds 11.683 • 3.00 Xerox Copy Rental 11.691 228.40 Sheriff Conveying Insane 11.713 17.82 School Crossing Guards 11.724 94.40 Discretionary Fund 11.727 221.90 Jail Groceries 11.749 603.82 Telephone 11.756 14.85 Water & Sewage 11.757 1,506.18 N. C. Department of Corrections - Safekeeping of Prisoners 11.764 1,861.67 Superior Court Conveying Mentally I11 11,772 ~.52 Sales Tax - New Hanover County 11.851 3,117.43 Contributions to Other Funds • 2,172.00 ' ~lb,u14.74 $16,014.74 Agriculture and Economics Fund Telephone 12.408 $ 83.35 Social Security 12.416 29 32 4-H Summer Program 12.420 , 99.03 $211.7U 211.70 Health Fund Medical Supplies 16.412 $ 96.44 Minor Mtne. 16.413 88.48 Retirement 8.16% 16.415 714.59 Social Security 16.416 8,486.93 Office Supplies 16.421 336.23 Water Plant Laboratory . 16.425 ' 1.74 Material & General Supplies 16.445 298.82 Gas & Oil 16.446 139.41 Refund - Medicare 16.538 2,214.00 $12,876.64 12,876.64 ~~~ MINUTES OF REGULAR MEETING, NOVEMBER 5, 1973 (CONTINUED) APPROVAL OF EXPENDITURES BY LINE ITEM WHICH EXCEEDED 1972-1973 BUDGET AND APPROVAL OF BUDGET TRANSFERS IN FISCAL YEAR 1972-1973 NOT RECORDED IN THE MINUTES (CONTINUED) FUND ACCOUNT NUI~ER OVER EXPENDED Mental Health Rent 18.408 $ 8.00 Telephone & postage 18.410 13.44 Salary - Alcoholism Council 18.418 3,147.06 ~3,168.50 3,168.50 Social Services Insurance General 19.414 $1,319.00 $1,319.oU 1,319.00 Caue Fear Technical Institute - ReQUlar Salaries - Staff 22.102 $ 25.00 Insurance Other 22.705 221.00 Employer Contribution - Social Security 22.708 9.42 Supplies & Materials 22.1004 .68 Telephone 22.1005 46.66 Motor Vehicle Operation 22.1006 515.07 ~817.83 817.83 Court of Justice Furniture - Fixtures & Maint. 14.401 1,708.04 '1,7u~.u4 '1,708.04 $36,116.45 and, further, that the following budget transfers be approved retroactive to the time that the transfers were made. DATE OF TRANSFER TRANSFER AMOUNT OF TRANSFER 11/6/72 From Unappropriated Fund Balance $ 6.137.83 To Court of Justice - Furniture & Fixtures 11/20/72 From Unappropriated Fund Balance To Court of Justice - Furniture & Fixtures 4/25/73 From Unanticipated Revenue - Misc. Refunds To Sheriff's Discretionary Fund 5/3/73 From Unanticipated Revenue - Misc. Refunds To Sheriff's Discretionary Fund 7/7/72 From General Contingency To Other Expense 6/73 From Mental Health Fund To Mental Health Capital Reserve Fund Upon vote, motion carried unanimously. 2,348.16 943.00 d 238.44 - 1,500.00 30,000.00 Commissioner Wright stated, for the record, that she was voting for this motion because this had already been done and the Commission was in the position of having to cover it or go to some other procedure. (See Page 524 for Addition) DISCUSSION OF REMOVAL OF COAST GUARD CUTTER Commissioner Powell stated that he would like for the Commission to go on record protesting the removal of the Coast Guard Cutter from Wilmington. By common consent, Chairman Vaughan was requested to make a survey of the number of Coast Guard Cutters at Norfolk, Charleston, etc., to determine what the Commission could do to request its return. DISCUSSION OF COURTHOUSE - JAIL Commissioner Powell reported that he had relayed the decision on the method of architect selection to Mr. Roger Clark as decided at the Commission meeting of October 24, 1973, and that the state's publication would go out November 6 advising architects of the project. DELETION OF SCHOOL FUNDS FROM YEAR-END AUDIT OF NEW HANOVER COUNTY County Manager Eller presented a request trom Mr. William L. Lanier, Jr., of Cherry, Bekaert & Holland, the County's independent auditors, that the school funds be eliminated from the audit report on New Hanover County for the year ended June 30, 1973, as these funds were audited by another firm and a separate report rendered. Upon motion by Chairman Vaughan, seconded by Commissioner Davis, this request was unanimously approved. County Manager Eller was requested to acquire two copies of the school audit from Mr. George B. Abeyounis of William E. Brock CPA Firm. DISCUSSION OF RECREATIONAL AREAS By common consent, County Manager Eller was directed to base his negotiations for recreational areas on a 15 acre tract. Commissioner Powell reported that he had met with Coach Leon Brogden and had visited both College Park and MCS Noble Schools and that the School Board had informally indicated that they would be receptive to any recreational development by the County at these sites. By common consent, County Manager Eller was directed to proceed with these negotiations. • Commissioner Davis was appointed a committee of one to pursue a possible donation of a recreational site on Highway 132. ~ ~~ MINUTES OF REGULAR MEETING, NOVEMBER 5, 1973 (CONTINUED) DISCUSSION OF ENERGY CONSERVATION (See Page 531 for Addition) Commissioner Davis requested that by co~on consent the Board ask County Manager Eller to cut the County's energy consumption by 10 percent. ' By common consent, the Coffinission made'this request of the County Manager. APPOZNTMENT TO WILMINGTON-NEW HANOVER PLANNING COMMIBSION AYter a brieY recess to go into executive session, the meeting reconvened and Chairman Vaughan appointed Mr. Charles W. Hollis to fill the unexpired term of Mr. Henry von Oeson on the Wilmington-New Hanover Planning Commission, term to expire July 31, 1975. ADJOURNMENT There being no further business to come before the Board, Chairman Vaughan adjourned the meeting at 4:20 PM. Respectfully submitted, ~ ~ ~~ Li~. King Clerk to the Board k MINUTES OF REGULAR MEETING, NOVEMBER 19, 1973 ASSEMBLY The New Hanover County Board of Co~issioners met in regular session on Monday, November 19, 1973, at 9:00 AM in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Co~issioners 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. Commissioner Powell offered the invocation. APPROVAL OF MINUTES: REGULAR MEETINGl NOVEMBER 5, 1973 On Page 521, under "Approval of Expenditures by Line Item which Exceeded 1972-1973 Budget and Approval of Budget Transfers in Fiscal Year 1972-1973 not Recorded in the Minutes," Commissioner Wright requested that her report with cover letter dated October 29, 1973, be included as part of the record. This report and letter can be found in Exhibit Book 1, Page 1. On Page 523, under this same item, Commissioner Wright requested further that the record show her remarks after changing her "noe" vote to an "aye" which were as follows: "I will vote yes if you let the record show that I'm doing it because it has already_been done, and we're in the position of having to cover it or go to some other procedure. I'm doing it under protest. I don't think it should have happened, and I don't think it should happen again." Oii Page 521, under "Discussion of New Courthouse," Commissioner Powell requested that the record show that the Board had had no objection to a Public Hearing on the matter but had felt this would be premature without more data to present. On Page 519, under "Letter from Governor Aolshouser Regarding Trees Along Market Street," Commissioner Davis requested that Governor Holshouser's letter become part of the record. This letter, dated October 31, 1973, can be found in Exhibit Book 1, Page 2. On Page 518, under "Public Hearing to consider a request to rezone property on the southwest corner of Military Cut-Off Road..." Chairman Vaughan requested that the record show that he had stated that this would be the beginning of dangerous strip zoning of a new highway area in the community. Upon motion by Chairman Vaughan, seconded by Con¢nissioner Wright, the minutes of November 5, 1973, were unanimously approved as amended. APPROVAL OF GRANT APPLICATION FOR MENTAL HEALTH CENTER FACILITY Upon motion by Commissioner Hall, seconded by Co~issioner Powell, Chairman Vaughan was unanimously authorized to sign the application to the State of North Carolina for a construction grant for a Mental Health Center facility in New Hanover County. APPROVAL OF TWO DEPUTY SHERIFFS FOR SECURITY AT AIRPORT'.(See Page 531 for Addition) This item was tabled at the Commission meeting of November 5, 1973, in order for the Airport Commission to hear Mr. Thomas J. Muno, Sr., with regard to his company, American Security and Investigation Systems, Inc., providing the needed security at the Airport. After meeting with Mr. Muno, the Airport Co~ission still recommended that two additional deputies be employed by the Sheriff's Department to provide Airport security. Commissioner Davis reported that at the meeting of the Airport Commission Mr. Muno had, in effect, withdrawn his bid. Upon motion by Commissioner Powell, seconded by Commissioner Davis, two additional deputies ~$or the Sheriff's Department to provide security at the Airport were unanimously approved with the budget amended as follows: 1) The appropriation ~£or Contract Services in the Airport Operating Expenditure Budget (31 650 45) to be reduced by the amount of $12,983.