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HomeMy WebLinkAbout1973-12-03 Regular Meeting~~ ~. MINUTES OF REGULAR MEETING, DECEMBER 3, 1973 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, December 3, 1973, at 9:00 AM, in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis; J. M. Ha11, 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 cal3ed the meeting to order. Rev. Paul DeFoggi of the Faith Assembly of God offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, NOVEMBER 19, 1973 On Page 5'L4-5'L5 under "Approval ot Ttao Deputy Sheriffs for Security at Airport," Commissioner Wright requested that the record show that she had mentioned that social security had not been included. (County Manager Eller reported that he did have some preliminary figures on insurance and fringe benefits but did not have it ready to present as a budget amendment but would bring it to a later meeting.) On Page 524, under "Approval of Minutes: Regular Meeting, November 5, 1973," Commissioner Wright staeed that she had requested at the November 19 meeting that under "Discussion of Energy Conservation" on Page 524, that the record show that she had requested the Board to write their Congressmen regarding delition of forced bussing to conserve energy. On Page 528, under "Revenue Sharing Fund Transfers," 'Chairman Vaughan requested that~ the record show that this action had isolated all revenue sharing funds for the proposed courthouse. Under this same item, Commissioner Davis requested that the word "Additional" be deleted from the $100,000 appropriated for Legion Stadium because this was merely an advance of next year's appropr•iation. Upon motion by Commissioner Powell, seconded by Commissioner Davis, the minutes of November 19, 1973, were unanimously approved as amended. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN CHairman Vaughan moved, seconded by Commissioner Wright, that the election of the chairman and vice-chairman be taken as the first item of business. Upon vote, motion carried unanimously. Chairman Vaughan opened the floor for nominations of chairman for the coming year. Commissioner Wright nominated Chairman Vaughan as chairman. Commissioner Hall nominated Commissioner Powell as chairman. Upon motion by Commissioner Hall, the nominations were closed. There were three votes for Commissioner Powell; Co~issioners Hall, Davis and Powell voting. Cotmnissioners Vaughan and Wright did not vote. (See Page 541 }'or Correction.J Chairman Powell opened the floor for nominations for vice-chairman. Chairman Powell nominated Commissioner Vaughan as vice-chairman; Commissioner Vaughan withdrew his name. Commissioner Davis nominated Commissioner Wright as vice-chairman; Commissioner Wright withdrew her name. Chairman Powell stated that he felt it was incumbent upon the Commission to put New Hanover County in the forefront and see that it had proper leadership, and he nominated Commissioner Hall as vice-chairman. Upon motion by Commissioner,Hall, the nominations for vice-chairman were closed. Upon vote, Commissioner Aall was elected vice-chairman as follows: Voting Aye: Commissioners Davis, Hall, Vaughan and Chairman Powell. Voting.Noe: Commissioner Wright. Commissioner Wright stated, for the record, that she thought Commissioner Vaughan had been a very strong chairman and had provided strong leadership in needed areas and that she thought it was unfortunate the Board had taken the action they had. DISCUSSION OF PROPOSED COURTHOUSE ~ ~ Mr. Wallace Murchison, Attorney and President of the Historic Wilmington Foundation, appeared before the Board as the main spokesman for a group of interested citizens who felt that the present site was not the right place to put the new courthouse. Mr. Murchison pre- sented a petition to the Board which is recorded in Exhibit Book 1, Page 10. This petition enumerated the following reasons why the present site should not be use3: (1) Space, (2) Future Growth, (3) Traffic, (4) Public Convenience, (5) Site Location, (6) Architectural Heritage, (7) Cost, and (8) Total Development. Messrs. Leslie Boney and Frank Ballard, Architects, presented sketches showing the problems that this group felt would be involved in locating on the present site. Commissioner Wright pointed out an editorial that had appeared recently in the Star-News about the possibility of local citizens subscribing to a fund to purchase the old courthouse and restore it. She stated she felt this was a good idea and wanted to point it out again to the citizens present at the meeting with the idea in mind that some of them might be the ones to start the drive. No action was taken by the Board. ~~~ MINUTES OF REGULAR MEETING, DECEMBER 3, 1973 (CONTINUED) PUBLIC HEARING Chairman Powell opened the Public Hearing to discussion. Public HearinQ to consider a request to rezone property at the northwest and southwest inter- section of Carolina Beach Road (U. S. Hwy. 421) and McQui:llan Drive from R-15 (Single Family District) to B-1 (Business District) in Zoning Area ~~4; and a Public Hearing to consider an application for a Special Use Permit to use property at the northwest intersection of Masonboro Loop Road (S.R. 1492) and S.R. 1521 for a church addition in Zoning Area ~~4. Commissioner Vaughan stated that he did not believe that these requests were legally before the Board because a majority of the quorum present (a quorum being six members, and a majority of that quorum being four members) had not voted in favor of an affirmative recommendation at the meeting of the Planning Commission. In discussion, County Attorney Fox concurred with Commissioner Vaughan, and it was deter- mined that action could not be taken by the Board of Commissioners until 30 days had elapsed after these had been heard by the Planning Co~ission at which time the requests would be approved by default. (The Planning Commission had heard these requests on November 7, 1973.) It was determined further that there would be•time to readvertise these requests to be heard at the December 17, 1973, meeting as the Zoning Ordinance stated that a"Notice of Public Hearing shall be published once a week for two (2) successive calendar weeks." Upon motion by Commissioner Vaughan, seconded by Commissioner Davis, these items were unanimously tabled until December 17, 1973, and the Acting Planning Director, Mrs. Schillmoller, was asked to readvertise these requests for that meeting. Commissioner Vaughan pointed out that Mr. Gerald I. Colson had been absent from several of the Planning Commission meetings• and, by cou~on consent, Chairman Powell was requested to write Mayor Brand regarding this. ~See Page 541 for Addition.) Public HearinQ to consider an appeal from the reco~endation of the Planning Commission to rezone property located at the northeast intersection of Oleander Drive (U. S. Awy. 76) and Slst Street from R-15 (Single Family District) to B-2 (Business District) in Zoning Area ~~9B. County Manager Eller presented a request from Mr. Dennis V. Thomas, the Petitioner, that this item be tabled until December 17, 1973, because he would be attending the Realtor's Institute in Chapel Hill, North Carolina, on December 3. Upon motion by Commissioner Davis, seconded by Co~nissioner Hall, this item was unar'eiu.ously tabled until December 17, 1973. Public Hearine to consider an application for a Special Use Permit to use property on the south side oY New Gordon Road (S.R. 1327) between Northbrook Drive and North College Road (N. C. Hwy. 132) for a church in Zoning Area ~k8B. Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commission had heard this request at their meeting of November 7, 1973, and that they had recommended that it be approved. Mr.~A. H. Harrell, the developer of the property, appeared before the Board to stated that he owaed all abutting property and requested that this be approved. Chairman Powell 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 epproved; (b) that the use met all required conditions and speci- fications; (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 Wright moved, seconded by Co~nissioner Hall, that this Special Use Permit be issued subject to the plan as submitted with the application. Upon vote, motion carried unanimously. Public Hearing to consider an application for a Special Use Permit to use property on the north side of U. 5. Hwy. 17 between S. R. 1345 and S. R. 1402 for public utility buildings in Zoning Area ~k5. Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commission had heard this request at their meeting of November 7, 1973, and had recommended that this applica- tion be approved. Mr. A. Dumay Gorham, Attorney at Law, and Mr. Jack Perdue, Realtor, appeared before the Board representing the Petitioner, Carolina Power',& Light Company. Chairman Powell asked if there were anyone present to protest 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 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 this request be approved subject to the plan as submitted with the application. Upon vote, motion carried unanimously. Chairman Powell closed the public hearing to discussion. 0~~~ MINUTES OF REGULAR MEETING, DECEMBER 3, 1973 (CONTINUED) SALE OF SURPLUS PROPERTY AT PUBLIC AUCTION County Manager Eller reported that, as a result of the recent replacement of Sheriff's Department patrol cars, the County had surplus vehicles which should be disposed of. In addition, he stated that there were two other vehicles which should be disposed of as follows: a 1966 Ford Van Truck that was turned over to the Sheriff's Department by the courts but which was in such poor condition it was not economical to repair and maintain it and a 1961 Dodge Pick-Up Truck located at the Airport which had not been operable for six months. County Manager Eller stated that the Commission had previously indicated their inten- tion to dispose of surplus property at public auction and, if they desired to proceed with the sale of the vehicles as outlined above, the following order should be issued. The Board of Commissioners of New Hanover County, pursuant to North Carolina General Statute,153-176, do hereby order, 1) That the County Auditor, Patrick G. Ross, is hereby designated the official to dispose of the following personal property at puhlic auction. a. 1972 Plymouth, 4 door, Serial No. PK41P2F178890 h. 1972 Plymouth, 4 door, Serial No. PK41P2F178888 c. 1972 Plymouth, 4 door, Serial No. PK41P2F178891 d. 1967 Ford, 2 3oor, Serial No. 7N502114717 e. 1966 Ford Van Truck, Serial No. E14FH735831 f. 1961 Dodge Pick-Up Truck, 5erial No. 1181137372 2) Said public auction shall he held on Saturday, December 15, 1973, at 10:00 AM at the County Garage, 220 Division Drive, New Hanover County, North Carolina. 3) A cash bid deposit equal to 5 percent of the high bid for each item will be required. 4) The bids will be considered by the New Hanover County Board of Commissioners at their meeting on December 17, 1973, at which time the Commissioners will accept or reject the bids. No sale will be effective until acted upon by the Board of Co~issioners. 5) A copy of Chis order shall be puhlished in the Wilmington Star- News on December 4, 1973. County Manager Eller stated further that,the Sheriff's Department had requested that one of the patrol cars being replaced be retained as a spare in case of emergencies and to fill in in case of breakdown of other patrol cars. The car requested to be retained had recently had the transmission overhauled and the engine replaced. This car was a 1972 Plymouth, four door, Serial No. PK41P2F1788fi9 and was not included in the foregoing order. Commissioner Davis stated, for the record, that he felt the 1972 Plymouth, Serial No. PK41P2F178889 requested for retention by the Sheriff's Department, should also be up for bids and retained only if the bid were not large enough. He stated that he felt this was unwarranted growth of government. Commissioner Vaughan moved, seconded by Co~issioner Hall, that the foregoing order be adopted with the cash bid deposit being 10 percent if the adver.tisement could be changed. Upon vote, motion carried unanimously. REQUEST FOR'.ORDINANCE PROHIBITING MOTORZZED VEHICLES FROM BEACH AREAS. Mrs. Carl B. (Burk) Rehder appeared before the Board to request their adopting an ordinance prohibiting all motorized vehicles from beach areas in the highly developed areas outside incorporated municipalities, particularly in the section of beach known as Wilmingc~n and Hanby Beaches and the area just south of Kure Beach. Commissioner Vaughan moved, seconded by Commissioner Hall, that County Attorney Fox be requested to make a recommendation on this request at the Commission's meeting of December 17, 1973. Upon vote, motion carried unanimously. DISCUSSION OF NEW ACCOUNTING MACHINE - SCHOOLS Dr. Heyward C. Bellamy, Superintendent of Schools, appeared before the Board and asked that his request for a transfer of funds to purchase a new accounting machine be rescheduled tentatively for December 17, 1973, as he was investigating another machine. By common consent, this request was unanimously granted. APPROVAL OF PROPOSED SCHOOL SITES Dr. Heyward C. Bellamy, Superintendent of Schools, appeared hefore the Board to request approval of three proposed school sites. Site No. 1- for a Senior High School to be located on the county-owned land adjacent to the Juvenile Detention Home. A map of this site, as presented by Dr. Bellamy, is contained in Exhibit Book 1, Pa$e 11. Dr. Bellamy requested 90 acres in this site which would include a recreational area. rSee Page 541 for Correctzon. J Commissioner Davis moved, seconded by Commissioner Wright, that the County Commissioners agree to deed over 90 acres of the 190 acres in this site that would be agreeable to the Board of Education and the County Commis'sioners with the assistance of the Planning Commission, with the exact site location to be approved at a later time. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Vaughan, Wright, and Chairman Powell. Voting Noe: Commissioners Hall. ,~~`~ MINiiTES OF REGULAR MEETING, DECEMBER 3, 1973 (CONTINUED) APPROVAL OF PROPOSED SCHOOL SITES (CONTZNUED) Site No. 'L - tor a 7th-8th Grade School to be loeated in the northern part of the County on a 30 acre site donated to the New'Hanover County Schools by Mr. Raiford Trask. A map of this site, as presented by Dr. Bellamy, is contained in Exhibit Book 1, Page 12. Dr. Bellamy stated that this was a most desirable site. (see Page 541 for Addition.) Commissioner Vaughan moved, seconded by Commissioner Hall, that this site, donated by Mr. Trask, he approved based upon Dr. Bellamy's recommendation. Upon vote, motion carried unanimously. Site No. 3- for an Elementary School (grades 1-4) to be located on a 15 acre site offered to the New Hanover County Schools by the Burnett family and the Godwin family with the stipu- lation that school construction begin within five years. A map of this site, as presented by Dr. Bellamy, is ;contained in Exhibit Book 1, Page 13. Commissioner Vaughan moved, seconded by Commissioner Hall, that the Board of Education be advised that the Commission was not satisfied that sites for this school had been adequately explored but that there were no objections to the acceptance of the donation of this site if they continued to search for another site with easier_access. Upon vote, motion carried unanimously. DISCUSSION OF JURISDICTION OVER PUPIL ASSIGNMENTS CSee Page 541 for Addition.) Commissioner Wright asked Dr. Bellamy, Superintendent of Schools; if,;any".action had been taken toward regaining jurisdiction over pupil assignments upon expiration of the court order under which cross-town bussing had been required. • By common consent, Chairman Powell was asked to write the Board of Education expressing the Commission's sentiment that they take whatever steps would be necessary in this regard. DZSCUSSION OF ASSIGNMENT OF KINDERGARTEN CAILDREN Upon being questioned by Commissioner Vaughan regarding the assignment of kindergarten ~•children to the various schools, Dr. Bellamy, Superintendent of Schools, stated that these children would be placed in the schools that they would normally be assigned to in the first grade so that they could go right into the first grade in the same school. DISCUSSION OF SCHOOL CONSTRUCTION In a discussion of modular school construction, Dr. Bellamy requested the Commissioners to take a tour of the County. i Commissioner Davis stated that he could not understand why schools could not be standarr.~ized to save having an architect start from scratch each time. Commissioner Vaughan asked Dr. Bellamy to assure the Board that he had exhaustively explored pre-fab construction of schools, and Dr. Bellamy assured the Commission that he would look closely at thi~.possibility in order to get a more formalized presentation to the Commissioners on a comprehensive basis. DISCUSSION OF KIMBERLY-SCOTT CORPORATION DEVELOPMENT CSee Page 541 for Addition.J Dr. Murray K. Seidel appeared before the Board representing the residents of College Acres Subdivision who lived on Clear Run Drive backing up to Clear Run Creek to express their concern over the excess runoff to be caused by the Kimberly-Scott Corporation's development to be built behind Tom Reich Chevrolet. He stated that they did not feel that the City and the County governments had been fulfilling their responsibility to protect them by controlling developments so that there would be no ill effects. (The residents of College Acres lived in the County; however, the Kimberly-Scott Corporation was to develop land in the City.) Dr. Seidel urged the following: (1) that the County join with the City to prevent any development now or in the future of the project unless at each phase specific plans for prevention of downstream erosion and flooding had been agreed upon publicly and in writing, (2) the implementation and enforcement of the Sedimentation Pollution Control Act of 1973; and (3) the development of a county-wide drainage plan. Mrs. Pat Sallade, Realtor, appeared before the Board speaking unofficially for Kimberly- Scott Corporation as she would be representing them in selling their condominiums. She made the following comment: "The developer has already stated that he will do whatever is necessary to protect his interests and the interests of those who live down the line. He has already stated that it may come to the point where they realize that they cannot complete their original plans because they could not do so without causing drainage problems. It is not their intention to make happen the potential that Dr. Seidel is referring to. They don't intend to go any further than common sense and practicality would permit.' Mr. I. John Tinga, Chairman of,the Wilmington-New Hanover Planning Commission, stated that it was brought out at the Subdiwision Review Co~nittee meeting when this item was heard that this particular site was on watershed and water could run into and through the City drainage just about as well as it could run out through the Clear Run Creek down to Bradley CYeek. He stated that, in studying this matter, he thought some serious thought ought to be put on sharing this water through the City's watershed and that this would seem to him to be the most reasonable solution. Mr. John Jones, City Manager, stated that they had met with the developer and that he had been most eager to cooperate by putting in a retention basin which would handle the runoff of Phase I of the project when he became aware of the problem facing the residents of Clear Run Drive. No action was taken by the Board. REPORT ON THE OPEN HOUSE Mr. Matthew E. Fisher, Executive Director of the New Hanover Dxug Abuse Committee,Inc., appeared before the Board with staf£ members, Flo Stein and Portia Hines. He presented a status report on the Open House from its inception through November, 1973. This report is contained in Exhibit Book l, Page 14. LUNCH RECESS Chairman Powell recessed the meeting for lunch from 12:40 to 1:40 PM. ~ ~~~, MiNUTES OF REGULAR MEETING, DECEMBER 3, 1973 ~ONTINUED) SPECIAL INCREMENT RAISE FOR CAPTAIN JOE JOHNSON, HEAD .TAILER Sheritf H. G. Gronman appeared e ore t e Boar to request a special increment raise for Captain Joe Johnson, Head Jailer, New Hanover County. He requested that his salary be increased from Grade 69, Step 3($11,916) to Grade 69, Step 6($13,704). Commissioner Wright moved, seconded hy Commissioner Davis, that this request be approved. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Wright and Chairman Powell. Voting Noe: Commissioner Vaughan. Commissioner Vaughan stated, £or the record, that he knew of no one in the County service of whom he had higher regard but did not feel special increment raises should be given to keep people from retiring. APPROVAL OF OVERTIME PAY FOR ARMED ROBBERY SUkVEILLANCE Sheriff H. G. Grohman appeared betore the Board to request an appropriation of $5,685 to cover the cost of up to 1500 manhours of overtime for intensive surveillance designed to reduce armed robbery during the Christmas shopping season. Upon motion by Commissioner Hall, seconded by Commissioner Wri ht, a transfer of $5,685 was unanimously approved from General Fund Contingencies (11 445 00~ to Sheriff's Department Salaries (11 510 02). RESOLUTION REGARDING TRANSPORTATION PLANNING Mr. Beverly P. Paul, Executive Director of the Cape Fear Council of Governments, appeared before the Board to request adoption of a resolution requesting the Governor of the State of North Carolina to designate the Cape Fear Council of Governments as the Metropolitan Transpor- tation Planning Agency for the Wilmington area. Commissioner Davis moved, seconded by Commissioner Wright, that this item be tabled until the first meeting in January so that more ~information could be furnished. Upon vote, motion to'table this item was defeated as follows: Voting Aye: Commissioners Davis and Wright. Voting Noe: Commissioners Hall, Vaughan and Chairman Powell. Upon motion by Commissioner Vaughan, seconded by Commissioner Hall, the following resolution was adopted as follows: Voting Aye: Commissioners Hall, Vaughan, and Chairman Powell. Voting Noe: Commissioners Davis and Wright. Csee Page 541 for Addition.J RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS SUPFORTING THE DESIGNATI:ON 'OF T~ CAPE FEAR COUNCIL OF GOVERNMENTS AS THE METROPOLITAN TRANSPORTATION PLANNING AGENCY FOR THE WILMINGTON METROPOLITAN AREA WHEREAS, the continued economic well-being of the Wilmington metropolitan area is dependent upon the development of an integrated system of multi-modal transportation (highway, rail, air, and navigable waterways), and WHEREAS, the impact of the metropolitan transportation network extends beyond the jurisdic- tional boundaries of any one local government, requiring a cooperative approach to transportation planning and policy development, and WHEREAS, recent changes in Federal transportation planning policy recognize the nee~ for a regional planning perspective and the involvement of local officials in the transportation planning process, and WHEREAS, the Cape Fear Council of Governments has been designated as the areawide planning organization for Region "0" including the Wilmington metropolitan area, and is responsible for the development of comprehensive areawide plans for the aforementioned area, and WHEREAS, the Cape Fear Council of Governments is currently involved with the development of multi-modal transportation plans in eooperation with local member governments and the North Carolina Department of Transportation, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby requests that the Governor of the State of North Carolina designate the Cape Fear Council of GovernmenCS as the Metropolitan Transportation Planning Agency for the Wilmington area. BE IT FURTHER RE50LVED, that the New Hanover County Board of Commissioners recommends that the Chairman of the Cape Fear Council of Governments maintain direct contact with appropriate officials of the State Government for the purpose of defining the role of the Cape Fear Council of Governments in transportation planning for the Wilmington metropolitan area. Adopted this 3rd day of December, 1973. ABATEMENTS AND REFUNDS Upon motion by Commissioner Davis, seconded by Commissioner Wright, the requests for abatements and refunds as set forth in Tax Administrator Powell's memorandum dated November 27, 1973, were unanimously approved. Th'is memorandum is set forth in Exhihit Book 1, Page 15. 5~~; MINUTES OF REGULAR MEETING, DECEMBER 3, 1973 (CONTINUED) DISCOVERED PERSONAL PROPERTY . Tax Administrator Powell appeared before the Board to request the individuals listed on the listing contained in Exhibit Book 1, Page 16, be assessed with the valuations as indicated for motor vehicles that were not listed for 1973 taxes. Upon motion by Commissioner Vaughan, seconded by Commissioner Davis, this request was unanimously granted. DISCUSSION OF SOCIAL SERVICES DEPARTMENT CLASSIFICATION CHANGE At the request of Miss Lela Moore Aall, Director of the Department of Social Services, discussion of her Board's request for a change in department classification was deferred by common consent. DISCUSSION OF LOCATION OF TRANSFER STATION By common consent, discussion of the location of a transfer station in the southern part of the County was deferred at the request of Commissioner Davis. ACCEPTANCE OF AUDIT FOR YEAR ENDED JUNE 30, 1973 (See Page 541 for Additions.) County Manager E11er stated that, as the Commission had only accepted the report of the outside auditors on the statement of accounts of New Hanover County for fiscal year ended June 30, 1973, for study, it was necessary that this report be accepted so that the outside auditors could be paid. Commissioner Wright stated that she did not agree with the conclusions reached in the audit and requested that further discussion of~this item be deferred to executive session. By common consent, this request was granted. Inasmuch as the auditors needed to be paid, Commissioner Hall moved,'seconded by Commissioner Vaughan, that their report be accepted. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Vaughan and Chairman Powell. Voting Noe: Commissioner Wright. BUDGET TRANSFER - INSURANCE AND BONDS - AIRPORT County Manager Eller reported that, in the preparation of the budget for this fiscal year, there was established for the first time an Airport Operating Fund. He stated that this fund should have contained appropriations to pay all insurance and bonds relating to the Airport but that the funds for this purpose had been budgeted in the General Fund. In order to correct this situation and to i~nsure that the funds would be properly budgeted next year, County Manager Eller recommended that the following transfers be approved. 1) The sum of $4,520 be transferred from General Fund Non-Departmental Insurance and Bonds, Account No. 11 660 54, to Airport Operating, Account No. 11 660 98. 2) The sum of $4,520 be appropriated to Airport Operating Revenue - Transfer from the General Fund, Account No. 31 397 11. 3) The sum of $4,520 be appropriated in the Airport Operating Fund Expenditure Account, Insurance and Bonds, Account No. 31 650 54. Upon motion by Commissioner Vaughan, seconded by Commissioner Aall, these transfers were unanimously approved. BUDGET AMENDMENT - SOCIAL SERVICES - FAMILY RESOURCES, INC. County Manager Eller reported that a check in the amount of $7,438.33 had been received as quarterly payment for the Social Services Department's participation in the Region "0" Family Resources, Inc., program. He stated that no funds had been budgeted for this purpose and recommended that the budget be amended when the funds became available as they were unsure as to the total funds the County would receive through this program. To account for the funds which had been received, he recommended that the budget be amended as follows: 1) The sum of $7,438.33 be appropriated as revenue in Family Planning Federal Grant, Account No. 11 368 10. 2) The sum of $7,438.33 be appropriated to Expenditure Account, Family Planning Budget, Account No. 11 610 60. Upon motion by Commissioner Vaughan, seconded by Commissioner Davis, this budget amendment was unanimously approved. CORRECTION OF TRANSPOSED FIGURE - MENTAL HEALTH CAPITAL RESERVE FUND Upon motion by Commissioner Davis, seconded by Commissioner Wright, the Clerk to the Board was unanimously authorized to correct the minutes of November 5, 1973, in Minute Book 15, Page 521. The figure approved by the Board as a transfer for the Mental Health Capital Reserve Fund had been transposed as $236,261 rather than the $236,621 actually approved for transfer. APPROVAL OF ATTORNEY'S STATEMENT - NEW HOPE DAM Commissioner Hall moved, seconded by Coffinissioner Wright, that County Attorney Fox's statement dated November 26, 1973, in the amount of $1,575.17 with regard to the New Hope Dam litigation be approved for payment. Commissioner Vaughan offered the substitute motion that the County approve payment for half of this statement and ask the City of Wilmington to pay the other half out of county-wide funds such as sales tax and liquor revenue funds. The substitute motion died for lack of a second. ~e)~ MINUTES OF REGULAR MEETING, DECEMBER 3, 1973 (CONTINUED) APPROVAL OF ATTORNEY'S STATEMENT - NEW HOPE DAM CCONTINUED) Upon vote, the original motion was approved as follows: Voting Aye: Commissioners Davis, Hall, Wright and Chairman Powell. Voting Noe: Commissioner.Vaughan. ~ ~ LETTER TO COACH RAYMOND DURHI~M, JOHN T. HOGGARD HIGH SCHOOL Commissioner Davis requested that, as the Vikings Football Team of John T. Hoggard High School had done such a commendable job this season, the Chairman write Coach Raymond Durham a congratulatory letter. By co~on consent, Chairman Powell was requested to write this letter. DISCUSSION OF CHAIRMAN VAUGHAN'S GAVEL Commissioner Davis said that he thought it was customary to give the out-going chairman of the Board a gavel and a plaque thanking him for his services. Commissioner Vaughan stated that he would prefer that this not be done. LETTER TO BOARD.OF HEALTH REGARDING PIT PRIVIES Commissioner Vaughan requested that the Chairman be asked to~twrite the Board of Health requesting they move toward the elimination of the installation of pit privies in New Hanover County except in cases of great personal hardship. By common consent, Chairman Powell was requested to write this letter to the Board of Health. ENERGY CONSERVATION Upon motion by Commissioner Vaughan, seconded by Co~issioner Wright, the Chairman was unanimously asked to write the Wilmington Merchants Association and the Chamber of Commerce as suggested by Commissioner Wright in her memorandum of November 21, 1973, with regard to energy conservation through.the elimination of unnecessary lighting. DISCUSSION OF AUTOMOBILE TAX CHEATERS The Commission had received a bulletin from the North Carolina Association of County Co~issioners requesting support of House Bill 529 which the bulletin stated could put an end to the tax cheaters who do not list or pay taxes on their automobiles. By common consent, discussion of this item was deferred until the meeting of December 17, 1973. DISCUSSION OF LONG-TERM LEASES Commissioner Vaughan presented a memorandum from County Manager Eller regarding the legal requirements for entering into long-term leases and requested that a copy of this memorandum and a letter from the Airport Commission dated November 27, 1973, be mailed to each Commissioner. STATEMENT OF SUPPORT FOR THE GUARD AND RESERyE By common consent, Chairman Powell was requested to sign a statement of support for the National Guard and Reserve. APPROVAL OF PETITION FOR SCHOOL BOND ELECTION Commissioner Hall moved, seconded by Chairman Powell, that the Petition by the New Hanover County Board of Education requesting the County Commissioners to call an election for $5,500,000 bond issue for school purposes be approved. Upon vote, motion carried unanimously. This Petition is contained in Exhibit Book 1, Page 17. REPORT ON COMMUNITY HOSPITAL COMPLEX County Manager Eller reported that, at the request of the Commission, he had investigated the occupancy of a portion of the Community Hospital complex by.the Neighborhood Youth Corps and had discovered that this group had been given permission by the Commission in 1971 to occupy this building for an indefinite length of time. EXECUTIVE SESSION Chairman Powell recessed the meeting to go into executive session. Miss Sara Lindau, 5tar-News reporter, questioned the legality of this action. Chairman Powell requested that County Attorney Fox remain for the executive session to insure that the Commission did not go beyond the realm of the law. ADJOURNMENT Commissioner Hall moved, seconded by Commissioner Davis, that the meeting be adjourned. Upon vote, motion carried unanimously. Chairman Powell adjourned the meeting at 3:20 PM. Respectfully submitted, ~ ~ ~~~ Lise K. King Clerk to the Board k