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1974-01-07 Regular Meeting~4~ MINUTES OF REGULAR MEETING, DECEMBER 17, 1973 (CONTINUED) DISCUSSION OF COST OF CAMERON EDUCATIONAL CENTER By common consent, Chairman Powell was asked to write the New Hanover Memorial Hospital Board of Trustees to secure the original estimates of construction for the Cameron Educational Center and what the various bids had been. MINUTES - NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES By common consent, Chairman Powell was requested to ask that a copy of the minutes of the New Hanover Memorial Hospital Board of Trustees be mailed to the Commissioners' office as a file copy. DISCUSSION OF JUNKED VEHICLES Commissioner Vaughan asked if the Board felt that junked vehicles in the County to be a serious problem. No action was taken by the Board. DISCUSSION OF COMMISSION MEMBERSHIP Commissioner Wright asked County Attorney Fox what procedure would have to be followed to remove someone from the Airport Commission or the Planning Commission. County Attorney Fox stated that he felt the Airport Commission members could be removed at anytime the Board desired since,they served at the pleasure of the Board, but stated he was unsure what procedure would have to be followed with regard to the Planning Commission since there was a third party involved, the City of Wilmington. DISCUSSION OF SCHOOL CONSTRUCTION Commissioner Hall recommended that the Chairman write the National Association of Counties regarding modular construction of schools. ADJOURNMENT There being no further busin.ess to come before the Board, Chairman,Powell adjourned the meeting at 4:15 PM. Respectfully submitted, ~~~~~ Lise K. King Clerk to the Board k MINUTES OF REGULAR MEETING, JANUARY 7, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, January 7, 1974, at 9:00 AM in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powell; County Attorney, James C. Fox; County Manager, Dan W. Eller; and C1erk to the Board, Lise K. King. Chairman Powell called the meeting to order. ~ Rev. Harold Crocker o£ the Ogden Community Advent Christian Chuich offered the invo- cation. APPROVAL OF MINUTES: SPECIAL MEETING, DECEMBER 10, 1973 Upon motion by Comm. Hall, seconded by Comm. Wright, the minutes of the special meeting held on December 10, 1973, were unanimously approved as presented. APPROVAL OF MINUTES: SPECIAL MEETING, DECEMBER 13, 1973 Upon motion by Comm. Hall, seconded by Comm. Wright, the minutes of the special meeting held on December 13, 1973, were unanimously approved as presented. APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 17, 1973 On Page 542 under PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO REZONE PROPERTY LOCATED AT THE NORTHEAST INTERSECTION OF OLEANDER DRIVE (U. S. HWY. 76) AND 51ST STREET FROM R-15 (SINGLE FAMILY DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA ~p9B, Comm. Davis requested that the reasons tor denying this request be shown as a matter ot record. The Planning Staff recommended denial for the following reasons: 1) The applicant proposed a floral shop and outdoor furniture outlet; however, if rezoned to B-2, the property could be used for anything permitted in the B-2 zoning, the most per- missive business zone in New Hanover County. 2) The staff felt the character of the residential~zone would be harmed if B-2 zoning were.continued to the corner. 3) The staff was very concerned that if the corner lot went there would be more strip commercial zoning along Oleander Drive and that this case would be used as the justification for more requests. 4) The staff had seen many B-1 sites being used for residential purposes which indicated to them that more B-2 zoning was not needed in that area. 5) 0&I Zoning was suggested by the staff, which had been established to be used as a buffer zone. Upon motion by Comm. Hall, seconded by Comm. Wright, the minutes of the regular meeting held on December 17, 1973, were unanimously approved as amended. 54~ MINUTES OF REGULAR MEETING, JANUARY 7, 1974 (CONTINUED) DISCUSSION OF OGDEN RESCUE SQUAD Comm. Wright reported that the Ogden Rescue Squad was having a barbecue on Saturday, January 12, 1974, and a11 Commissioners were invited to be there at 1:00 PM to see the new crash truck purchased by the Rescue Squad with funds provided by New Hanover County. By common consent, Comm. Wright was appointed as the official representative to the Qgden Rescue Squad barbecue. TERMINATION OF LEASE AGREEMENT - McCUMBER STATION ROAD In November ot 1970, the County had entered into a lease agreement with Raiford G. Trask, Jr., and wife, Frances Y. Trask, to use property on McCumber Station Road for a sanitary landfill. This area was no longer used for a landfill, and the State Board of Health had formally approved the closing of that landfill. Therefore, as the County no longer had need of this property, County Manager Eller recommended that the County Commissioners terminate that lease agreement. Upon motion by Comm. Vaughan, seconded by Comm. Wright, the Commission unanimously agreed to terminate this lease agreement as recommended by County Manager Eller. RESOLUTION AUTHORIZING FILING OF LEAA GRANT APPLICATION FOR CONSTRUCTION OF A NEW JAIL Upon motion by Comm. Vaughan, seconded by Comm. Davis, the Yollowing resolution authorizing County Manager Eller to file, on behalf of the County, an application for Law Enforcement Assistance Administration funds in the amount of $160,000 for construction of a new jail was unanimously adopted by the Board. WHEREAS, the New Hanover County Board of Commissioners herein called the "Applicant" has thoroughly considered the problem addressed in the subgrant application entitled New Hanover County Jail 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 A~ministration, 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, NOtiT THEREFORE BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIOERS IN OPEN i~ETING ASSEMBLED IN THE CITY OF WILMINGTON, NORTH CAROLINA, THIS 7th DAY OF JANUARY, 1974, 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 appli- cation in the form prescribed by the Division of Law and Order for a subgrant in the amount of $160,000.00 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 $1,300,000.00 and a local in-kind matching contribution valued under LEAA guidelines at -~- 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 otfier appropriate persons to furnish such~information, data, documents and reports pertaining to the project, if approved, as may be required by the Division of Law and Order. 5. That certified copies of this resolution be included as part of the application referenced above. 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting. County Manager E11er reported that the application also included a request for $40,00~ from the State of North Carolina, the State's buy-in, making the total amount requested in the application $200,000. REQUEST OF SURVEYORS FOA UNIFIED SUBDIVISION ORDINANCE (See Addition Page 557J Mr. Johnie C. Garrason, President ot the Southeastern Chapter of the North Carolina Society of Surveyors, addressed the Board to request their unanimous endorsement of a unified subdivision ordinance for New Hanover County and the municipalities within it. Upon motion by Comm. H411, seconded by Comm. Davis, the Board voted unanimousl} to go on record in support of a unified subdivision ordinance throughout the County. BUDGET AMENDMENT - SHERIFF'S DEPARTMENT County Manager ELler reported that on May 7, 1473, an aoplication had been filed with the Law Enforcement Assistance Administration (LEAA) for fund.ing of the ~a'ilmington- New Hanover Inter-Agency Drug Squad. This project had been funded and in effect for some time. Mr. Eller stated that the County would receive this fiscal year a total of $8,2~0 to provide for an additional Sheriff's Deputy to work in the Drug Squad and that a man had been assigned; however, the budget, when adopted, did not reflect this additional position or the additional funds which would be received. Therefore, he recommended that the budget be amended by the following steps: 1) Increasing the revenue item in the general fund, Federal Grants (11 344 00) by $8,2~0, and 2) Increasing the expenditure account, Salaries and Wages (11 510 02) in the Sheriff's Department by $8,200. 5~~ MINUTES OF REGULAR MEETING, JANUARY 7, 1974 (CONTINUED) BUDGET AMENDMENT - SHERIFF'S DEPARTMENT (CONTINUED) Upon motion by Comm. Vaughan, seconded by Comm. Hall, this budget amendment was unanimously approved. HOSPITAL BOND ISSUE Chm. Powell presented a letter from Mr. Lawrence C. Rose, Chairman of the New Hanover Memorial Hospital Board of Trustees, requesting that the bond election for the issuance of $9,360,000 public hospital bonds be held May 7, 1974. Comm. Vaughan moved, seconded by Comm. Wright, that whatever necessary legal action be taken with regard to holding this bond election in May of 1974. Upon vote, motion carried unanimously. APPLICATION FOR APPROVAL OF SCHOOL BONDS County Attorney Fox presented an Application for Approval of Proposed Bonds for $5,500,000 of bonds to pay the capital costs of providing school facilities in New Hanover County for the Commissioners' signatures. Three copies of this application were signed by the Commissioners. TRANSFER OF FUNDS - COUNTY AUDITOR County Manager Eller requested that the sum of $75 be transferred from Maintenance and Repair of Equipment (11 440 16) to Insurance and Bonds (11 440 54) in the Auditor's budget. He stated that the sum of $375 had been budgeted in Insurance and Bonds; however, an invoice had been received in the amount of $450 for the premium on the County Auditor's bond, and this transfer was requested so that the invoice could be paid. Upon motion by Comm. Vaughan, seconded by Co~. Hall, this transfer was unanimously approved. TRANSFER OF FUNDS - CORRECTION FOR ADDITIONAL DEPUTIES AT AIRPORT • County Manager Eller reported that in Agenda Item 24 for the Commissioners' meeting of December 17, 1973, the Commission had approved a transfer of funds from the Airport Operating Fund to the General Fund totalling $1,839.40. This transfer had been requested to cover additional payroll expenses required by the two additional deputies to provide security at the Airport. He stated that the final paragraph, as approved, should have included the appropriation of $219.41 to the General Fund Non-Departmental Account, Insurance and Bonds (11 660 54) to cover the increased Workmen's Compensation costs and that the three appro- priations listed in that paragraph had totaled $1,619.99 rather than the correct total of $1,839.40. He requested that the Commission approve this appropriation which was inadvertently ommitted on the agenda. He stated that this action would not increase the amount of the transfer. He stated further that, in reviewing this transfer with Mr. Westbrook, it was determined that transferring the funds from Contract Services would not leave enough in that account to cover the cost of refuse collection at the Airport; therefore, he and the Airport Manager recommended that the $1,839.40 be transferred fro~ Salaries and Wages to the accounts pre- viously indicated. He stated that there were excess funds in the Salaries and Wages account due to inability to fill a budgeted janitorial position. Upon motion by Comm. Hall, seconded by Comm. Davis, the following transfer was unanimously approved by the Board. 1) Reduce the appropriation for Salaries and Wages, Account ~~31 650 02, in the Airport Operating Expenditure Budget by the amount of $1,839.40. 2) Reappropriate $1,839.40 in the Airport Operating Expenditure Budget as a Contribution to the General Fund, Account ~~31 650 98. 3) Appropriate as a General Fund Revenue in Account ~{~11 397 31, Transfer from Airport Operating Fund, the amount of $1,839.40 4) In the General Fund, Non-Departmental Expense, increase the appropriation for F.I.C.A. Tax by $614.95, Group Insurance by $164.08, Retirement by $840.96 and Insurance and Bonds for Workmen's Compensation by $219.41, STREET PETITION - HICKORY KNOLL SUBDIVISION The Commissioner3were requested to adopt a resolution requesting the State Highway Com- mission to accept Royal Oak Drive, Balsam Drive, Darby Lane, and Hickory Knoll Drive for maintenance when the streets met the requirements for acceptance into the Stat~'s system. Commissioner Davis moved that the appropriate resolution be adopted. Motion died for lack of a second. In discussion, it was pointed out that Richard Epling, County Engineer, in a memorandum dated December 12, 1973, to Terry Harlacher, Staff Planner, had stated that, in his opinion, the streets did not conform to the minimum requirements for acceptance by the State Highway Department. County Manager Eller stated that approval of such a petition by the Commissioners did not constitute waiving any of the requirements on the preliminary plat, but may expedite the developer's meeting the requirements since he would be free to deal directly with the 5tate. Comm. Vaughan moved, seconded by Comm. Wright, that the petition be returned to the petitioner along with the comments from the County Engineer and that the petitioner be asked to resubmit the petition when the streets met the requirements of the State Highway Commission. Upon vote, motion carried unanimously. By common consent, Chm. Powell was requested to write the State Highway Commission's Division Engineer to determine if they were accepting streets for maintenance that did not meet state requirements and, if they were, why. . I ~~~. MINUTES OF REGULAR MEETING, JANUARY 7, 1974 (CONTINUED) INTRODUCTION OF RICHARD A. FENDER County Manager Eller introduced Mr. Richard A. Fender, the new Planning Director, to the Commissioners. PUBLIC HEARING Chm. Powell opened the public hearing to discussion. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO REZONE PROPERTY ON THE WEST SIDE OF AZALEA DRIVE BETWEEN PARK AVENUE AND OLEANDER DRIVE (U. S. HWY. 74 & 76) FROM R-15 (SINGLE FAMILY DISTRICT) TO B-1 (BUSINESS DISTRICT) I1V ZONING AREA ~k6. This item had been tabled by the Commission at their meeting,of December 17, 1973, and Commissioner Ha11 and County Manager Eller had been requested to check the old location with the proposed new location for the New Hanover Humane Society's animal shelter. Comm. Hall recommended that the property on 23rd Street, which had been leased to the Humane Society by the County, be used for this purpose. He stated that there were two alternatives to make this land useable -- (1) grading the land, which had been esti- mated would cost $550 or (2) tapping into the City of Wilmington's system, which would require action by the City Council to permit this. Comm. Vaughan moved, seconded by Comm. Hall, that this rezoning appeal be tabled until the County P4anager could get an answer on the sewage problem and that he be authorized `to approach the City Manager with regard to tapping into their line. Upon vote, motion carried unanimously. Comm. Vaughan pointed out that the animal shelter provided by the Humane Society would cut down on the cost of operating the jointly funded Animal Control Center and requested the County Manager to point out this savings to the City Manager when requesting the tap. Comm. Hall requested that Mr. Richard Williams of the Humane Society be notified of this action. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE WEST SIDE OF NORTH COLLEGE ROAD (N. C. HidY. 132) APPROXIMATELY 753 FEET NORTH OF THE INTERSECTIOTd 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. This item had been tabled by the Commission at their meeting of November 5, 1973, until such time as the Petitioner, Mr. Edwin Hughes, could return with more positive information regarding an access road. Mr. Hughes appeared before the Board and presented a letter from Mr. R. 0. Powell, Assistant Division Engineer of Division 3 of the Department of Transportation and High- way Safety, which granted permission for a driveway entrance directly into N. .C. 132 from the subject property. Chairman Powell asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Comm. Vaughan moved, seconded by Comm. Ha11, that this request be approved. After discussion regarding buffer protection, Comm. Vaughan withdrew his original motion and moved, seconded by Comm. Ha11, that this rezoning request be approved less 50 feet depth shown on the map in order to allow a buffer for the residential area in the rear of the property. Upon vote, motion carried unanimously. (Ordinance rezoning this property is contained in Zon2ng Ordznance Book I, Section 9A, Page 8.) PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COM- MISSION TO REZONE PROPERTY ON THE WEST SIDE OF 53RD.STREET BE'i'wr.r.N wxibnr~vlLL~ ~1VENUE AND PARK AVENUE FROM R-15 (SINGLE FAMILY DISTRIC'rj rU Udei ~vrrl~n AND INSTITUTIONAL) IN ZONING AREA ;k9B. Attorney A. Y. Lennon appeared before the Board representing the Petitioner, Mr. Judson Moore, and presented a letter signed by the Administrator and Chairman of the Board of Cape Fear Memorial Hospital supporting this rezoning request. Chairman Powell asked if there were anyone present to protest this rezoning request, and no one spoke in opposition. Comm. Wright moved, seconded by Comm. Davis, that this rezoning request be approved. Comm. Vaughan moved that this item be tabled until the Petitioner could come up with a plan that would meet the aesthetic requirements of the neighborhood. Upon vote, tabling motion was defeated as follows: Voting Aye: Comm. Vaughan. Voting Noe: Comm. Davis, Hall, Wright and Chm. Powe11. Upon vote, Comm. Wright's motion to approve this rezoning request was approved as follows: Voting Aye: Comm. Davis, Hall, Wright and Chm. Powe11. Voting Noe: Comm. Vaughan. (Ordinance rezoning this property is cantained in Zoning Ordinance Book I, Section 9B, Page 13.) Comm. Vaughan stated, for the record, that this had been a wonderful opportunity to start raising the character of business installations from an architectural standpoint that the Board had failed to take advantage of. (see Page 557 for additiorz.J Chm. Powe11 closed the public hearing to discussion. ~e)~ MINUTES OF REGULAR MEETING, JANUARY 7, 1974 (CONTINUED) DISCUSSION OF AMENDING ZONING ORDINANCE TO REQUIRE WIDTH BUFFERS . Comm. Vaughan moved that the County.Attorney b.e requested to'provide an amendment to the Zoning Ordinance to allow the Commissioners to provide buffer zones in 0&I areas up to 50 feet in width. Motion died for lack of a second. By common consent, the County Manager and County Attorney were requested to make a recommendation to the Board at their meeting of January 21, 1974, for an appropriate re- vision of the Ordinance with regard to width buffers. ~ TRANSFER OF FUNDS - CORONER Coroner Robert Smith appeared before the Board and requested that the Commissioners transfer the sum of $379 from General Fund Contingencies to a new account, Equipment, Account ~~11 600 74 in the Coroner's budget to permit him to purchase an electronic paging device which he would carry with him at all times. Cotmn. Vaughan moved, seconded by Comm. Davis, that this request be approved. Upon vote, motion was approved as follows: Voting Aye: Comm. Davis, Hall, Vaughan and Chairman Powell. Voting Noe: Comm. Wright. REQUEST OF MR. HENRY HOYLE FOR AMBULANCE FRANCHISE Mr. Henry Hoyle of the New Hanover Ambulance Service was to appear before the Board to request that the Commissioners grant his company an exclusive franchise to operate an am- bulance service in New Hanover County. ~ County Manager E11er reported that Mr. Hoyle had requested that this item be withdrawn. DESIGNATION OF LIAISON PERSON FOR THE NORTH CAROLINA MARINE RESOURCES CENTER A request had been received from Mr. Thomas L. Linton, Director of the State of North Carolina's Office of Marine Affairs, requesting designation of a member of the Board of County Commissioners to serve as a liaison person with the administrative staff.and Board of the North Carolina Marine Resources Center. Comm. Vaughan moved that Comm. Davis be appointed. Comm. Davis declined. Comm. Vaughan moved, seconded by Comm. Wright, that Comm. Hall be appointed. Upon vote, motion carried unanimously.. Chm. Powell appointed Comm. Hall as the Commission's liaison person with the administra- tive staff and Board of the North Carolina~Marine Resources Center. STREET PETITION - ACCESS ROAD AT INTERSECTION OF U. S. 17 AND U. S. 74 AT N. C. 132 OVERPASS The Commission had received a request from Mr. J. R. Robinson, District Engineer of the State of.North Carolina's Department of Transportation and Highway Safety, that.it adopt a resolution requesting the 0.2 mile access road parallel to the U. S. 74 ramp at the inter- section of U. S. 17 and U. S. 74 just east of the N. C. 132 overpass be added to the State Secondary Road System. Upon motion by Co~n. Vaughan, seconded by Comm. Ha11, this resolution was unanimously adopted by the Board and is contained in Exhibit Book 1, Page 23,. TRANSFER OF FUNDS - COURT OF JUSTICE FUND At the meeting of December 17, 1973, the following item appeared as Agenda Item 17. There is presently budgeted in the Clerk of Court budget an item entitled Purchases for Inventory. The reason for this budget item is to provide law books for the County Law Library. .Most such books are purchased through a subscription service. It would, there- fore, be appropriate that this item be changed from Purchases for Inventory to Dues and Subscriptions~. This account presently has a balance of $2.93. It is anticipated that an additional $3,000 will be needed to continue the sub- scriptions and keep the Library current. Therefore, it is recommended that the sum of $3,000 be transferred from General Fund Contingencies (11 445 61) to a new account, Dues and Subscriptions (17 516 53), and that the budget item Purchases for Inventory be deleted and the $2,000 previously appropriated be included in the Dues and Subscriptions item. The Commissioners had deferred action on this item to allow Comm. Wright an opportunity to investigate this request and make a recommendation to the Board. . Comm. Wright reported that this had merely been an oversight in this year's budget and that $6,900 had been appropriated last year for this purpose. (See Page 557 for Correction.l Comm. Wright moved, seconded by Comm. Ha11, that this transfer be approved as recommended. Upon vote, motion carried unanimously. TRANSFER OF FUNDS - PLANNING DEPARTMENT County Manager Eller reported that, in the revised budget submitted to and approved by the Commissioners at their meeting of December 17, 1973, there had been appropriated $18 for Cash Over(Under) because of a recent theft in the Planning Department. He stated that, since the adoption of the revised budget, it had been determined that the total loss was $46 rather than $36 and that the City and County would each absorb half of this loss which would require that an additional $5 be appropriated to Cash Over(Under). Mr. Eller recommended that $5 be transferred from Miscellaneous Expense (11 490 57) to Cash Over(Under) (11 490 79). Upon motion by Comm. Davis, seconded by Comm. Hall, this transfer was unanimously approved. 553 MINUTES OF REGULAR MEETING, JANUARY 7, 1974 (CONTINUED) APPROVAL OF SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION ASSESSMENT Mr. Larry Barnett,. Executive Director ot the Southeastern Economi.c Development Commission, appeared before the Board to request that New Hanover County remit the sum of $1,536.40 as its portion of the 1oca1 funds for the support of the Southeastern Economic Development Commission. (No provision for this assessment had been made at the time of the budget adoption.) County Manager Eller stated that, in order to pay this assessment, it would be necessary to transfer $1,537 from General Fund Contingencies to General Fund Non- Departmental Contributions - Other Agencies (11 660 93). Comm. Vaughan moved, seconded by Chm. Powell, that the transfer as recommended by the County Manager be approved for local funding of the Southeastern Economic Develop- ment Commission. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Vaughan, and Chm. Powell. Voting Noe: Comm. Wright. Comm. Vaughan requested that Mr. Barnett's statement that the grant for the south- side and northside sewage treatment plants had been contingent upon New Hanover County's participation in the Southeastern Economic Development Cotmnission be included as part of the record. Comm. Vaughan moved, seconded by Comm. Wright, that the County Manager be requested to initiate studies regarding the combination of the operation of the Southeastern Economic Development Commission and the Cape Fear Council of Governments. Upon vote, motion carried unanimously. APPROVAL OF STRUCTURAL ANALYSIS FOR THE EXISTING COURTHOUSE Proposals had been submitted from .John Talbert & Associates, Inc., and Henry von Oeson and Associates for performing a structural analysis of the existing New Hanover County Courthouse. These proposals are contained in Exhibit Book 1,'Page 24. Comm. Davis moved, seconded by Comm. Hall, that the County accept Henry von Oeson and Associates' proposal for the Interim Study and that the County Manager be authorized to question them with regard to the factor of 3.0 because it was his understanding from a disinterested third party that the factor should be 2.5, that 3.0 was what they were trying to go to. Comm. Vaughan offered the substitute motion that the County Manager be asked to analyze both reports and set up a form t~ be resubmitted to the f.ireis for bids and get a bid on that basis. Motion died for lack of a second. Comm. Davis withdrew his original motion and moved, seconded by Comm. Hall, that the Board employ Henry von Oeson and Associates to do the Interim Study set forth in their proposal dated December 4, 1973, and that the depth of the study, the cost factor of the study, and any other.pertinent information or matters be handled through the County Manager and that Comm. Vaughan be authorized to come back to the Board if it appeared that the proposal was too open-ended and that the funds be taken from Professional Services in the Courthouse-Jail Construction Fund. Upon vote, motion carried unanimously. EXECUTIVE SESSION Comm. Hall moved, seconded by Chm. Powell, that the Board recess to go into executive ~session. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Vaughan and Chm. Powell. Voting Noe: Comm. Wright. Chm. Powell recessed the meeting to go into executive session,at 11:30 AM. LUNCH RECESS Chm. Powell recessed the meeting for lunch from 12:20-1:15 PM. TRANSFER OF FUNDS - SOCIAL SERVICES PARKING LOT County Manager Eller distributed tabulation of bids received for paving, marking and fencing the parking lot for the Social Services Department. The tabulation of these bids is contained in Exhibit Book 1, Page 25. Comm. Vaughan moved, seconded by Comm. Davis, that the contract be awarded to the Hanover Company, less the $3,894 for marking, subject to Hanover Company's acceptance of this and that a transfer of $10,929 be made from Salaries and inTages (11 610 02) to Capital Outlay Building Account (11 610 72) to cover the deficit as only $12,000 had been budgeted for this purpose, and that the Commissioners make arrangements later for the marking or the parking lot. Comm. Wright stated that she had questioned the Social Services Director at the time of the budg~ hearings about the number of vacancies in the Social Services Depart- ment over the past several years because it seemed to'be a common occurrence every year to have vacancies during the year and use the money budgeted in Salaries and Wages for things of this sort. She stated that she thought the Commission would have better con- trol over the expenditures if they would deny a few of these transfer requests. Upon vote, Comm. Vaughan's motion was approved as follows: Votinb Aye: Comm. Davis, Ha11, Vaughan and Chm. Pocaell. Voting Noe: Comm. Wright. ~~~ MINUTES OF REGULAR MEETING, JANUARY Z, 1974 (CONTINUED) STREET PETITION - BRANDYWINE SUBDIVISION The County Engineer and the Planning Staff had recommended that the County Commissioners adopt a resolution requesting.the State Highway Commission to review the roads in Brandywine Subdivision and to take over the roads for maintenance if they met established standards and criteria. Upon motion by Comm. Vaughan, seconded by Comm. Wright, the Board unanimously adopted this resolution which is set forth in Exhibit Book 1, Page 26. STREET PETITION - DEERWOOD DRIVE IN BROOKFIELD SUBDIVISION The County Engineer and the Planning Staff had recommended that the County Commissioners adopt a resolution requesting the State Highway Commission to review Deerwood Drive and to take it over for maintenance if it met established standards and criteria. Upon motion by Comm._ Vaughan, seconded by Comm. Wright, the Board unanimously adopted this resolution which is set forth in Exhibit Book 1, Page 27. DISCUSSION OF PLANNING COMMISSION Comm. Vaughan requested that a discussion of separating the Wilmington-New Hanover Planning Commission so that the County Board would hear County requests and vice versa be placed on the agenda for January 21, 1974, but keeping the joint planning staff. DISCUSSION OF ATTENDANCE AT MEETINGS There was a hrief discussion with regard to incorporating into the guidelines of the Planning Commission that after missing so many meetings members would be removed from the Commission. AWARDING OF COMPUTER CONTRACT - TAX DEPARTMENT In a memorandum dated December 31, 1973, which is contained in Exhibit Book 1, Page 2S, Tax Administrator Powell presented the bids received for the Tax Department's computer contract and recommended that the County award the contract to Computerecords, Inc. Upon motion by Comm. Hall, seconded by Chm. Powell, the contract was unanimously awarded to Computerecords, Inc., as recommended by the Tax Administrator. ADOPTION OF USE VALUE SCHEDULE FOR AGRICULTURAL, HORTICULTURAL AND FOREST LAND Tax Administrator Powe11 presented a Use Value Schedule tor Agricultural, Horticultural and Forest Land to be effective January 1, 1974. This schedule is set forth in Exhibit Book 1, Page 23. Upon motion by Comm. Hall, seconded by Chm. Powell, the Use Value Schedule as pre- sented by the Tax Administrator was.unanimously adopted. REQUEST FOR RELEASE OF LISTING PENALTY FOR HENRY D. CAPILLARY Tax Administrator Powell presented a request for release of li~ng penalty from Mr. Henry D. Capillary. Mr. Capillary stated in his request that he had found the listing in the back seat of his car which he thought he had mailed in January. Upon motion by Comm. Hall, seconded by Chm. Powe11, this request was unanimously denied. UNDERLISTING OF 1973 INVENTORY & EQUIPMENT Tax Administrator Powe11 stated that during October he had gone to Raleigh to check inventories and equipment on State Corporation Income Tax Returns for approximately•. 122 businesses located in New Hanover County and that out of the 78 businesses which had underlisted their inventory or equipment, the following three had not made additional Listings to correct the listing after being contacted twice. Butler's Shoe Corporation $ 1,685 Merritt-Holland Company 238,260 Gray Gables, Inc. 10,454 In accordance with G. S. 105-312, he requested the Board to approve the additional value for the understatement of inventory value for 1973 for these three businesses as stated. Upon motion by Comm. Vaughan, seconded by Comm. Wright, this request was unanimously granted. INTENTION TO EXEMPT VOLUNTEER FIRE DEPARTMENTS FROM TAXATION Comm. Davis moved, seconded by Chm. Powell, that the Board authorize Tax Administrator Powell to exempt from taxation the volunteer fire departments which had received County funds. ' County Attorney Fox said that this could not be done until the volunteer fire depart- ments had made application to the Tax Administrator for exemption. Comm. Davis withdrew his motion. By common consent, the Board expressed its departments from taxation. MENTAL HEALTH PROPERTY Comm. Hall reported that the Mental Health have a title search and an accredited title for Hospital before they could receive any money fo Commission and requested County Attorney Fox to intent to exempt the volunteer fire Board had been notified that they must the property at New Hanover Memorial r construction from the Medical Care furnish this. .5 e~~ ~ MINUTES OF REGULAR MEETING, JANUARY 7, 1974 (CONTINUED) DISCUSSION OF CAPITAL EXPENDITURES FOR MENTAL HEALTH CENTER Comm. Vaughan moved that the Chairman and the Manager and one other Commissioner selected by the Chairman be asked to meet with the Area Mental Health Board and determine what the other Counties propose to do as far as capital expenditures were concerned. Motion died for lack of a second. By common consent, Chm. Powell was asked to go before the Area Mental Health Board to request capital participation in the construction of the new building from the other Counties involved. Comm. Vaughan asked Comm. Hall to ask the Commissioners from the other Counties to please he present when Chm. Powell addressed the Board. REQUEST FOR COPIES OF LETTERS Comm. Wright stated that she had not received a copy of the Chairman's letter to the Coast Guard protesting the removal of the Cutter from Wilmington and requested a copy be sent to her. She stated further that she had not received a copy of the second letter to the Board of Education regarding Senator Helms' Public Schools Jurisdictional Act. Chm. Powell stated that he had not written them again but would do so and send the Commissioners a copy and each of the members of the Board of Education. DISCUSSION OF PIT PRIVIES Comm. Vaughan stated that he did not understand when pit privies were permitted and when they were not and requested County Manager Eller to find out when these were not permitted. DISCUSSION OF SCHOOL PENSIONS Comm. Vaughan gave County Manager Eller a letter from Dr. Heyward C. Bellamy, Superintendent of County Schools, dated July 2, 1973, regarding school pensions and requested that a discussion of this be placed on the agenda for January 21, 1974. DISCUSSION OF CLASSROOM REQUIREMENTS Comm. Wright stated that one ot the reasons for the bond issue as presented by the Schools was due to the new State requirement that you could only have 26 students per room but that the fact sheet submitted stated that the 26 student per room require- ment was only for grades 1-3; that for the other elementary grades there could be as many as 33; and for high school there could be as many as 35. ~ DISCUSSION OF PERSONNEL PLAN Comm. Vaughan stated that the Personnel P1an required that jobs be restudied every two years to see that people were in the proper positions. County Manager Eller recommended that a full-time Personnel Officer be hired. Comm. Vaughan moved, seconded by Co~n. Hall, that County Manager Eller be authorized to hire the person that the Commission had previously been apprised of through Public Employment funds to conduct the two-year study. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Vaughan and Chm. Powell. Voting Noe: Comm. Wright. (See Page 557 for Addition.) APPROVAL OF COUNTY ATTORNEY'S STATEMENT Upon motion by Comm. Hall, seconded by Chm. Powell, a statement in the amount of $69.40 from County Attorney Fox in connection with the New Hope Dam litigation was unanimously approved for payment. EXECUTIVE SESSION Comm. Hall moved, seconded by Comm. Vaughan, that the Board recess to go into executive session. Upon vote, motion carried unanimously. Chm. Powell recessed the meeting to go into executive session. BOARD OF HEALTH APPOINTMENTS Chm. Powe11 reconvened the meeting and made the following appointments to the Board of Health, terms to expire December 31, 1976. Mr. R. E. Carter Mr. Bruce R. Freeman Mr. W. K. Whitmire Mr. George Chadwick Mr. J. R. Reaves BICENTENNIAL COMMITTEE APPOINTMENTS Chm. Powell appointed the Yollowing persons to serve as the County's representatives on the Bicentennial Committee and expressed the Commission's desire that Comm. Vaughan serve on the executive committee of that Board. Mr. Gary Eyster Comm. M. H. Vaughan Rev. Walser H. ALlen, Jr. ADJOURNMENT Comm. Vaughan moved, seconded by Comm. Davis, that the meeting be adjourned. Chm. Powell adjourned the meeting at 3:15 PM. Respectfully submitted, ~ ~ Lise K. King Clerk to the Board k