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1974-02-18 Regular MeetingMINUTES OF SPECIAL MEETING, FEBRUARY 11, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in special session on Monday, February 11, 1974, at 8:30 AM, in the Assembly Room, County Commission Building, Wilmington, North Carolina, for the purpose of discussing the selection of an architect for the proposed courthouse-jai1. Members present were Commissioners Peter R. Davis; J. M. Ha11, Jr., M. H. Vaughan; Chairman W. Douglas Powell; County Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. Chm. Powell called the meeting to order. DISCUSSION OF ARCHITECTS Mr. Leslie N. Boney, Architect, appeared before the Board to request that they interview Mr. Nathaniel C. Curtis, Jr., of Curtis & Davis Architects, from New Orleans, Louisiana. He had formed an association with Mr. Curtis' firm because of their extensive knowledge and experience in jail construction. Mr. Curtis gave a slide presentation of his work. Chm. Powell and Comm. Davis reported on their recent trip to visit the firms of James Stewart Polshek & Associates and Hartman-Cox Architects. By common consent, further discussion of architect selection was deferred to the regular meeting of February 18, 1974. ADJOURNMENT Comm. Vaughan moved, seconded by Comm. Davis, that the meeting be adjourned. Upon vote, motion carried unanimously. : Chm. Powe11 adjourned the meeting at 10:20 AM. Respectfully submitted, ~ ~ - i ~C . l/Lvn Lise K. King " Clerk to the Board k MINUTES OF REGULAR MEETING, FEBRUARY 18, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, February 18, 1974, 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.; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powell; County Manager, Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. Chairman Powell called the meeting to order. Rev. Rufus Stark of the Grace United Methodist Church offered the invocation. APPROVAL OF MINUTES: SPECIAL MEETINGS, JANUARY 22, 1974 Upon motion b~ Comm. Hall, seconded by,Comm. Davis, the minutes of the special meetings held at 10:15 AM, 11:00 AM, and 11:20 AM on January 22, 1974, were unanimously approved as presented. APPROVAL OF MINUTES: SPECIAL MEETING, JANUARY 31, 1974 Upon m.otion by (;omm. wrignt, secon ed by Comm. Vaughan, the minutes of the special meeting held on .Tanuary 31, 1974, were unanimously approved as presented. APPROVAL OF MIP]UTES: REGULAR MEETING, FEBRUARY 4, 1974 Comm. Wright requested that on Page 571 under Soc'ial Services - Reclassification from Department III to Department IV the record show her reasons tor voting against this reclassification which she stated as follows: (1) That she thought it was going to cost the County more money in the long run, and (2) That the Commission had not been furnished all information requested. Comm. Wright requested that on Page 573 under Presentation of North Senior High School Site, in the last paragraph of that discussion, the record be amended to read as follows: "Comm. Davis offered the substitute motion, seconded by Comm. Wright, that the School Board come back with a 90 acre site squared up toward the southeast area of the approximately 190 acre tract in order to leave more area Lor a park or other use." ("or other use" being added to that sentence) Comm. Davis requested that on Page 572 under the Public Hearin~ that his remarks be amended to read as follows: This was going to be the start ot strip zoning of Oleander between ~~7inter Park and the Bowling Center and ultimately it would be unsuit- able for single family housing. Upon motion by Comm. Ha11, seconded by Comm. Wright, the minutes of the regular meeting held on February 4, 1974, were unanimously approved as amended. ~~c~ ' MINUTES OF REGULAR MEETING, FEBRUARY 18, 1974 (CONTINUED) PROCLAMATION OF NATIONAL ENGINEERS TdEEK Mr. William W. DeLaney, President of the Southeastern Chapter of Professional ~ Engineers of North Carolina, appeared before the Board to request that the Chairman be authorized to sign a proclamation proclaiming the week of February 17-23, 1974, as National Engineers Week in New Hanover County. Upon motion by Comm. Davis, seconded by Comm. Wright, the Chairman was unanimously authorized to sign the proclamation, a copy of which is contained in Exhibit Book 1, Page 42. Comm. Vaughan stated for the record that Mr. DeLaney was nationally famous for his expertise in raising camellias and had brought great fame to this part of the country in that respect. DISCUSSION OF OFF-SITE SEWAGE DISPOSAL FOR NEW HIGH SCHOOL Mr. Charles Boney, Architect; Co1.Paul Denison, Engineer; and Dr. Heyward Bellamy, Superintendent of County Schools, appeared before the Board to discuss off-site sewage disposal for'the new high school. This item had been deferred at the meeting of February 4, 1974, in order to give County Manager Eller an opportunity to discuss with appropriate parties the possibility of tying this sewer line into the proposed County Sewer System. Col. Denison of Henry von Oeson & Associates presented the following three possi- bilities for treatment of this sewage. 1) Collection on site and driving through a force main down the railroad track or Blue Clay Road at an estimated cost of $151,000. 2) Gravity sewer main which would ultimately be a portion of the County's Sewer System at an estimated cost of $338,000. ~ 3) An on-site treatment plant and disposal system at an estimated cost of $170,000. By common consent, County Manager Eller was requested to make a survey of the ownership of the property that the gravity sewer main would have to cross and try to determine if the owners of these properties would consider participating in the cost of the sewer line inasmuch as this line would increase the value of their properties. DISCUSSION OF COUNTY SCHOOL PENSION SYSTEM At the January 7, 1974, meeting, Comm. Vaughan had asked County Manager Eller to investigate the School Pension System to determine the extent to which other retire- ment benefits were deducted from the amounts paid from the pension fund. This item was deferred from the meeting of February 4, 1974. Dr. Heyward C. Bellamy, Superintendent of County Schools, and Mrs. Nina Tenuta of the Schools' Accounting Department were present to discuss the School Pension System. Dr. Bellamy distributed copies of the historical summary of the pension p1an. Comm. Vaughan moved, seconded by Comm. Hall, that the County submit the School Pension Plan to the same actuary who had set up the County's retirement fund back about 1968 and ask him what it would cost to give an actuarial statement as to the fairness of the System. Upon vote, motion carried unanimously. Comm. Hall requested that Dr. Bellamy and Mrs. Tenuta submit for consideration at budget time information relative to how many people were drawing monies to make their $150 floor. ~ PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE PROHIBITING MOTOR VEHICLES IN THE DUNE AREA BETWEEN THE SOUTHERN BOUNDARY OF THE TOWN OF KURE BEACH AND THE NOR1'H~;KN BOUNDARY OF THE FORT FISHER HISTORIC SZTE. The Clerk of the Board of Commissioners reported to the Board of Commissioners that notice of a public hearing to be held on the adoption of an ordinance prohibiting motor vehicles in the dune area between the southern boundary of the Town of Kure Beach and the northern boundary of the Fort Fisher State Historic Site had been published in the Wilmington Morning Star on February 10, 1974, and February 16, 1974, with notice that the Board of Commissioners would hold a public hearing thereon on February 18, 1974, at 10:30 o'clock A. M. Chairman Powell opened the public hearing to discussion at 10:30 AM. Mr. & Mrs. Burk Rehder appeared before the Board to request the Commission to amend the existing dune ordinance to prohibit motor vehicles in the dune area between the southern boundary of the Town of Kure Beach and the northern boundary of the Fort Fisher State Historic Site. Messrs. Larry Williams and Bob Smith appeared before the Board as interested fishermen and stated that what the Rehders were requesting would not be detrimental to the interests of the fishermen. Comm. Vaughan moved, seconded by Comm. Hall, that the ordinance entitled "An Ordinance Prohibiting the Operation of Motor Vehicles on the Property in New Hanover County Bordering the Atlantic Ocean" be amended by adding as Section IV thereof the following and that the remaining Sections of the existing ordinance be appropriately renumbered. 579 MINUTES OF REGULAR MEETING, FEBRUARY 18, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) Section IV No person sha11 operate a motor vehicle in New Hanover County within the area south of the southern corporate limits of the Town of Kure Beach, east of the eastern right-of-way line of U. S. Highway 421, north of the northern boundary line of the Fort Fisher State Historic Site, and west of the Atlantic Ocean. Upon vote, motion'carried unanimously. Comm. Hall moved, seconded by Comm. Wright, that the County Manager be requested to see that the proper signs were promptly posted as designated in .the ordinance as amended. Upon vote, motion carried unanimously. SPONSORSHIP OF RESOURCE CONSERVATION & Mr. J. D. McCarley, Jr., Chairman vation District, and James F. Parnell, appeared before the Board to request t action of August 20, 1973, and to join could only be done on a regional basis other Counties in Region 0. DEVELOPMENT (RC&D) PROJECT FOR REGION 0 of the Lower Cape Fear Soi1 & Water Conser- PhD., of the regional board of the RC&D Project ie Commissioners to reconsider their previous in sponsorship of the RC&D Project as this and would be of invaluable benefit to the Comm. Davis moved, seconded by Comm. Hall, that the Board grant this request and join sponsorship of the RC&D Project for Region 0 with expenses for New Hanover County on this Project not to exceed $100 nor necessarily to be $100. Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that the Board approve this request with the understanding that New Hanover County would not incur any financial burden for anything not initiated within New Hanover County. Upon vote, substitute motion w Voting Aye: Comm. Vaughan and Voting Noe: Coms. Davis, Hall Upon vote, original motion was Voting Aye: Comm. Davis, Hall Voting Noe: Comm. Vaughan and is defeated as follows: Wright. ~ and Chm. Powell. approved as follows: and Chm. Powell. Wright. (See Addition Page 587J DISCUSSION OF ENVIRONMENTAL IDIPACT ORDINANCE COMMITTEE (See Additions Page 587) Comm. Vaughan had requested that a discussion ot the Environmental Impact Committee be placed on the agenda for discussion. This item had been deferred from the meeting of February 4, 1974. Mr. Samuel Cox, Interim Chairman of this Committee, appeared before the Board and stated that at their last meeting, permanent officers had been elected as follows: Chairman - Mr. Herbert P. McKim ~ Vice Chairman - Mr. Samuel Cox Secretary - Mr. Paul Foster Mr. Herbert P. McKim, Chairman, and Messrs. William J. Hart and C. E. Marshburn appeared with Mr. Cox to give the Commissioners a report on their progress to date. PRESENTATION OF NEW HANOVER COUNTY SOIL SURVEY Mr. Samuel Cox, District Conservationist with the Soil Conservation Service, appeared before the Board and presented the 5oi1 Survey Interpretations and Maps for New Hanover County, North Carolina. Mr. Cox made the following recommendations for the use of the Soil Survey. 1. Continue to seek a soil scientist to work with the many county agencies to develop specific guidelines and programs for using the soils inf.ormation. 2. Use as a guide in planning land use in updating the New Hanover County Comprehensive Plan. 3. Use to supplement the percolation test in determining septic tank suitability. 4. Use in the planning process to determine areas suitable, suitable with improvements, and unsuitable for certain uses (example - septic tank filter fields, land fills, parks, schools, etc.) 5. Use as a basis in determining the needed services of an area. 6. Use as a basis in determining residential lot sizes where not served with water and se~ser facilities. ~~~ MINUTES OF REGULAR MEETING, FEBRUARY 18, 1974 (CONTINUED) ` AUTHORIZATION OF PAYMENT OF STATEMENTS FROM COUNTY ATTORNEY Comm. Vaughan moved, seconded by Comm. Davis, that the Board authorize payment of statements from the County Attorney in connection with the New Hope Dam litigation in the amounts of $87.12 dated February 7, 1974, and $3,755.00 dated February 11, 1974. Comm. Wright offered the substitute motion, seconded by Comm. Vaughan, that these statements be turned over to Comm. Hall for collection from the other Counties. Upon vote, substitute motion was defeated as follows: Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm. Davis, Hall and Chm. Powell. Upon vote, original motion was approved as follows: Voting Aye: Comm. Davis, Hall Wright and Chm. Powe11. Voting Noe: Comm. Vaughan. APPOINTMENT OF COMMISSIONERS TO SERVE ON CITY-COUNTY COMMITTEE TO STUDY JOINT FUNDING • Chm..Powe11 moved that he and Comm. Ha11 be appointed to serve on the City-County Committee to study joint funding. Motion died for lack of a second. Comm. Vaughan moved that Comm. Davis and Wright be appointed to serve on this joint committee. Comm. Davis withdrew his name from consideration. Comm. Wright moved, seconded by Comm. Davis, that Comm. Vaughan and Chm. Powell be appointed to serve on this committee. Upon vote, motion carried unanimously. DISCUSSION OF HARBOR MASTER POSITION Comm. Vaughan had requested that a discussion of the Harbor Master position be placed on the agenda for discussion. This item was deferred from the meeting of February 4, 1974. Comm. Vaughan moved, seconded by Comm. Wright, that the Commission write the three representatives in the legislature asking them to abolish the Harbor Master job as presently constituted in the law of about 100 years and transfer to the State Ports Authority all necessary functions of that office. Comm. Vaughan stated for the record, "In discussion, I would like to say that the job is pure fraud, has been for years, and we should clean it up as. quickly as possible. People that have occupied that job for years, certainly up until this year, have had full-time jobs beside. This is the only state office that I know of where the man in the job does not make a written report to any State Auditor as to what he has collected. Nobody knows how much money it is;.all actions that are taken by that Board -- every effort is made not to reveal them to the press. It's just pure fraud and political pay-off." Comm. Davis offered the substitute motion, seconded by Chm. Powe11, that the Commission write the three legislators, incorporating in that letter Comm. Vaughan's motion and comments, and ask them to actively study the position with the request that, if they felt as Comm. Vaughan did, they then draft legislation to abolish this position. Upon vote, substi.tute motion was approved as follows: Voting Aye: Comm. Davis, Hall and Chm. Powell. Voting Noe: Comm. Vaughan and Wright. DISCUSSION OF CAPITAL EXPENSE FOR MENTAL HEALTH FACILITY Comm. Hall presented a tormula tor sharing the capital'expense of the proposed Mental Health Facility by the participating counties. By common consent, this item was deferred to the meeting of March 4, 1974, and Comm. Hall was requested to write a memorandum to the Commissioners explaining the proposed formula. LUNCH RECESS Chm. Powell recessed the meeting for lunch from 12:05-1:05 PM. PRESENTATION FROM BALLARD, McKIM & SAWYER, ARCHITECTS Messrs. Frank I. Ballard, Robert W. Sawyer, and Her.bert P. McKim of the archi- tectural firm Ballard, McKim & Sawyer appeared before the Board to restate their interest in the proposed courthouse-jail and to state that they had contacted the two out-of-town firms being considered by the Commission (James S.tewart Polshek & Associates and Hartman-Cox Architects) and had received a commitment from each of these firms that they would work with Ballard, McKim & Sawyer on a joint association basis. DISCUSSION OF NAME CHANGE OF MASONBORO STATE PARK ~ The"Commission had been advised that the name of Masonboro State Park had been changed to Carolina Beach State Park by action of the Board of Conservation and Development on January 28, ~1974. Comm. Vaughan moved that by common consent the Commission advise their legislators that they preferred to have the park renamed Masonboro State Park as originally intended. The general consensus of a majority of the Board was that they had done a11 they could do in this regard. ' No action was taken by the Board. 5~1` MINUTES OF REGULAR MEETING, FEBRUARY 18, 1974 (CONTINUED) REPORT ON AMENDME.dT TC1 ZONING ORDINANCE TO REQUIRE BUFFER AREAS At tHe meeting ot January 21, 1974, County Attorney Fox and Planning Director Fender had been requested to make a recommendation to the Board on the possible amendment of the Zoning Ordinance to require buffer areas in 0&I Zones. Planning Director Richard A. Fender appeared before the Board to report on the prooress being made. He stated that this was taking some time because there were several other amendments in the Zoning Ordinance that they wanted to present to the Planning Commission for consideration at the same time and they wanted to make sure that they were looking at it in a comprehensive manner to establish proper buffering strips for the necessary uses and districts within the County. ROAD PETITION - MILLBROOK SUBDIVISION, SECTION 4 The Commissior. had been requested to adopt a resolution to request the State Highway Commission to review the following roads in Millbrook Subdivision and to take them over for maintenance if they met established standards and criteria. 1. Barksdale Road from the intersection of North Hampton to the intersection of Disney Drive, (Section 3). 2. Disney Drive from the intersection of Barksdale to the intersection of Georgetown,(Section 3). 3. Georgetown Road to the intersection of Disney and Kelly Roads, (Section 3). 4. Kelly Road at the intersection of Georgetown Road to the intersection of Colony Circle south, (Section 4). 5. North Hampton Road where it intersects with Ke11y, 230 feet south and 180 feet north, (Section 4). 6. Colony Circle north from the intersection of Kelly Road to Doughton Road, (Section 4). 7. Colony Circle south from the intersection of Ke11y Road south to the end of the pavement, (Section 4). Mr. Terry L. Harlacher, Staff Planner, appeared before the Board and recommended that the Commission adopt a resolution incorporating the above numbered roads 4-7 as these were in Section 4 of Millbrook Subdivision and a letter of credit had been issued on April 2, 1973, to cover the installation of required improvements in Section 4, and, further, that the roads in Section 4 substantially met the Department of Transportation standards. Upon motion by Comm. Hall, seconded by Comm. Wright, the Board unanimously adopted a resolution requesting the State Highway Commission to review the above numbered roads 4-7 (those in Section 4) and to take them over for maintenance if they met established standards and criteria. This resolution is set forth in Exhibit Book 1, Page 43. Comm. Vaughan requested clarification on the procedure for submitting road peti- tions to the Department of Transportation. By common consent, County Manager E11er was requested to contact the Division of Highways for clarification. RELEASE OF BOND - FIGURE EIGHT ISLAND COMPANY A request had been received from Mr. Henry M. Johnston, Project Manager, The Figure Eight Island Company, for release of the following bonds. Check ~{ Amount Improvements Sections 014417 $13,420 Monuments 8, 9, 10, 15, 16, 17(See Correction Page 587J 014416 $ 975 Front lot corner pins 8, 9, 10, 15, 16, 17 016048 $ 1,080 Monuments 11, 12, 13 016049 $ 525 Front lot corner pins 11, 12, 13 Comm. Davis moved, seconded by Comm. Hall, that these bonds be released and that the County Manager be requested to advise the County Auditor of their release. Upon vote, motion carried unanimously. DISCUSSION OF POSSIBLE COUNTY PARTICIPATION IN BUS SYSTEM (See Additions Page 587J Comm. Davis moved that the Chairman be authorized to write the City of Wilmington commending them for pursuing the matter of public transportation and recognizing that it is a coming thing and that the County is very much interested in this matter and would like.for the City to keep us advised as we recognize that County residents are dependent on bus service. Motion died for lack of a second. PAVING OF ACCESS ROAD TO FLEMINGTON LANDFILL The Division of Highways ot the North Carolina Department of Transportation had advised that the existing unpaved road into the land.fill could be paved by the State for a total cost to the County of $7,200. They had also advised that the cost of constructing a new road into the landfill from the Sutton Plant Road would be approximately $11,500 with an additional $3,500 required to pave the new road. These costs did not reflect right-of-way acquisitions which could represent considerable costs. There was no estimate of right-of-way costs. County Manager Eller requested direction from the Commissioners as to whether they wished to participate in the paving of the existing road, the construction of a new road, a combination of the two, or neither. ~~~ MINUTES OF REGULAR MEETING, FEBRUARY 18, 1974 (CONTINUED) PAVING OF ACCESS ROAD TO FLEMINGTON LANDFILL (CONTINUED) Comm. Vaughan moved, seconded by Comm. Davis, that the existing unpaved road into the landfill be paved by the State and that $7,200 be transferred from General Fund Contingencies, Account ~kll 445 61, to Non-Departmental Contract Services, Account ~~ 11 660 45, for this purpose. Upon vote, motion carried unanimously. ENDORSEMENT OF SENATE BILL 7669, INCREASED FUNDS - MOSQUITO CONTROL A bill had been introduced in the North Carolina State Senate entitled "An Act to Appropriate Funds to the Department of Human Resources for Mosquito Control" (Senate Bill 7669) which would increase the appropriation for Mosquito Control by $100,000. Mr. Keith Oates of the State Health Department and Mr. Henry Cranford of the New Hanover County Health Department had requested that the County Commissioners endorse this bill. Comm. Hall moved, seconded by Chm. Powell, that the Chairman be authorized to write the appropriate parties endorsing Senate Bill 7669. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Ha11 and Chm. Powe11. Voting Noe: Comm. Vaughan and Wright. Comm. Vaughan moved, seconded by Comm. Wright, that if SB 7669 passed, that the monies received from the State for this be included as a revenue item in the Health Department Budget for FY 74-75 and that this expenditure item not be increased for FY 74-75 thus insuring that more monies would not be spent on mosquito control but would, in fact, constitute a savings to the County. Comm. Davis moved that the item be tabled until the first meeting in March so that the Board could get more information. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall and Chm. Powe11.. Voting Noe: Comm. Vaughan and Wright. DENIAL OF REQUEST FOR PAYMENT OF TOWING BILL Judge Tillery had requested the Commissioners to pay a$20 tbwing bill incurred by a juror whose car had been towed from the Courthouse Parking Lot. Judge Tillery indicated that county personnel had taken the license number from the car and asked a Sheriff's Deputy to try to locafe the owner of the car. The Deputy called the name of the owner in front of the jury, but the name he had been given was incorrect; there- fore, the juror did not respond and, consequently, the car had been removed, (See Correcta.on Page 587) County Manager Eller reported that he had checked with the Sheriff's Department and determined that the juror had passed a sign at the entrance to the parking lot which had stated that unauthorized vehicles would be removed at the owner's expense and, further, that the juror had parked directly in front of the large refuse container which plainly bears a"No Parking Anytime" sign. The County Manager recommended that the towing bill not be paid hy the County. Comm. Hall moved, seconded by Chm. Powell, that the County Manager's recommendation be effective and that the bill not be paid by the County. Upon vote, motion carried as follows: Voting Aye: Comm. Hall, Vaughan and Chm. Powell. Voting Noe: Comm. Davis and Wright.(See Addition Page 587) BUDGET TRANSFER - PLANNING DEPARTMENT Due to an error in classitying Planning Department employees under the workmen's insurance,an additional appropriation was needed in the insurance account of the Planning Department. The County Manager requested that the sum of $163 be transferred from Account ~~11 490 57, Miscellaneous Expense, to Account ~~11 490 54, Insurance and Bonds. Upon motion by Comm. Vaughan, seconded by Chm. Powe11, the budget transfer as requested by the County Manager was unanimously approved. LAW ENFORCEMENT ASSISTANCE ADMINISTRATION (LEAA) GRANT APPLICATION - REGIONAL TRAINING The Commissioners were requested to adopt the proposed model resolution by the Division of Law and Order requesting a grant entitled "Regional Training" in the amount of $10,468 for the purpose of training new deputies in the Sheriff's Department. County Manager Eller stated that sufficient funds had been budgeted to provide the County's matching contribution. Upon motion by Comm. Davis, seconded by Comm. Hall, this resolution was unanimously adopted by the Board and is contained in Exhibit Book 1, Page 44. REPORT FROM COLLECTOR OF REVENUE - COLLECTIONS THROUGH JANUARY 31, 1974 Upon motion by Comm. Davis, seconded by Comm. Wright, the report from Janie B. Straughn, Collector of Revenue, for collections through January 31, 1974, *aas unanimously accepted by the Board. This report is contained in Exhibit Book 1, Page 45. ~JS~ MINUTES OF REGULAR MEETING, FEBRUARY 18, 1974 (CONTINUED) $9,360,000 PUBLIC HOSPITAL BONDS AND $5,500,000 SCHOOL BONDS Comm. J. M. Hall, Jr., moved the adoption ot the tollowing resolution which was read at length to the Board: WHEREAS, the Board of Commissioners has adopted the bond orders hereinafter described authorizing the issuance of $9,360,000 Public Hospital Bonds and $5,500,000 School Bonds, and such bond orders and the indebtedness to be incurred by the issuance of such bonds and the tax to be levied for the payment of such bonds should be submitted to the voters of the County of New Hanover for their approval or disapproval in order to comply with the Constitution and laws of North Carolina; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover as follows: (1) The questions whether the qualified voters of the County of New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of bonds of the County authorized by the aforementioned bond orders, which indebtedness shall be secured by a pledge of the County's faith and credit, (b) the levy of a tax for the payment thereof, and (c) said bond orders, shall be submitted to the qualified voters of said County at an election to be held in said County on May 7, 1974. (2) The Clerk of the Board of Commissioners is hereby authorized and directed to publish a notice of said election which shall be in substantially the following form: COUNTY OF NEW HANOVER, NORTH CAROLINA idOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a special election will be held in the County of New Hanover, North Carolina, on May 7, 1974, for the purpose of submitting to the qualified voters of said County the question whether they shall approve or disap- prove, (1) the indebtedness to be incurred by the issuance of bonds of said County of the maximum principal amount of $9,360,000, which indebtedness shall be secured by a pledge of the County's faith and credit, and (2) the levy.of a tax for the payment of such bonds and (3) the bond order entitled "Bond Order authorizing the issuance of $9,360,000 Putlic Hospital Bonds of the County of New Hanover , adopted by the Board of Commissioners on August 20, 1973, to authorize the issuance of said bonds and the levy of such tax, and the question whether they shall approve or disapprove, (1) the indebtedness to be incurred by the issuance of bonds of said County of the maximum principal amount of $5,500,000, which indebtedness shall be secured by a pledge of the County's faith and credit, and (2) the levy of a tax for the payment of such bonds and (3) the bond order entitled "Bond Order authorizing the issuance of $5,500,000 School Bonds of the County of New Hanover" adopted by the Board of Co~issioners on February 4, 1974, to authorize the issuance of said bonds and the levy of such tax. The Public Hospital Bonds are authorized to finance the capital co~ts of constructing an addition to the hospital facilities and other health related facilities owned and operated by the County, including the acquisision and installation of equipment and machinery required therefor and the acquisition of the necessary land or rights-in-land. The School Bonds are authorized to pay the capital costs of Qrp id}'~n,g, ~schc~ol acilit' ~s in New Hanovgr County, including the construction o~~~'c~~'l~i$$sy`~o°ar~~`l~~egrec~~~Liu`c°~~ion~t~e~no°deling and renovation of existing school houses, buildings, plants and other school facilities and including the acquisition of land and the acquisition and installation of furnishings and equipment necessary for such school facilities in order to enable New Hanover County to maintain public school~ in New Hanover County for the nine months school term prescribed by law. The ballots to be used at said election shall contain the words, "Shall the order authorizing $9,360,000 bonds secured by a pledge of the faith and credit of the County of New Hanover for the purpose of financing the capital costs of constructing an addition to the hospital facilities and other health related facilities owned and operated by the County, including the acquisition and installation of equipment and machinery.required therefor and the acquisition of the necessary land•or rights- in-land and a tax to be levied for the payment thereof be approved?", and the words, "Shal1 the order authorizing $5,500,000 bonds secured by a pledge of the faith and a schoo buildi g credit of the County of New Hanover for the purpose of paying the capital costs o buil~din~s an~ of providing school facilities in New Hanover County, including the construction ofJo~e constr ction additions to and the reconstruction, remodeling and renovation of existing school houses, bui].dings, plants and other school facilities and including the acquisition of land and the acquisition and installation of furnishings and equipment necessary for such school facilities in order to enable New Hanover County to maintain public schools in New itanover County for the nine months school term prescribed by law and a tax to be levied for the payment thereof be approved?", with squares labelled "Yes" and "No" beneath or beside such words in which square the voter may record his choices. In the event a majority of the qualified voters voting at said election vote to approve such orders, the incurring of such indebtedness and the levy of such tax or taxes, said bonds shall be issued and a tax or taxes shall be levied for the payment of such bonds. The polls for the election will open at the hour of 6:30 o'clock, A.M., and will close at the hour of 7:30 o'clock, P.M. ~~~ MINUTES OF REGULAR MEETING, FEBRUARY 18, 1974 (CONTINUED) $9,360,000 PUBLIC HOSPITAL- BONDS AND $5,500,000 SCHOOL BONDS (CONTINUED) The election wi11 be held at the following polling places in each of the respective election precincts: PRECINCT VOTING PLACE LOCATION Wilmington ~~1 Dudley School 920 N. 6th. Street Wilmington ~~2 Tileston School 412 Ann Street Wilmington ~~3 William Hooper School 410 Meares Street Wilmington ~~4 Sunset Park Junior High 201 Tennessee Avenue Wilmington ~~5 Long Leaf Homes, Inc. Vance Building Wilmington ~~6 New Hanover High School Brogden Hall Wilmington ~~7- Williston Junior High School 401 South lOth Street Wilmington ~~8 Lake Forest, Inc. 250 Pinecrest Parkway Wilmington ~~9 Chestnut Street School 2150 Chestnut Street Wilmington ~~10 Catlett School 814 Colwell Avenue Wilmington ~kll ~~2 Fire Station 3404 Park Avenue Wilmington ~k12 Forest Hills School 410 Colonial Drive Wilmington ~~13 Winter Park Presbyterian Church 4501 Wrightsville Avenue Wilmington ~~14 Roland Grise Junior High School 4412 Lake Avenue Wilmington ~k15 William H. Blount School 3702 Princess Place Drive Wrightsboro Wrightsboro School 640 Castle Hayne Road Castle Hayne St. SEanislaus Rectory Castle Hayne, N. C. Ogden ~k1 MCS Noble Junior High School 6620 Market Street Ogden ~~2 Ogden Volunteer Rescue Squad Ogden Winter Park Winter Park School 204 McMillan Avenue . Seagate Bradley Creek School 6202 Oleander Drive Wrightsville . Wrightsville Beach School Harbor Island Beach Masonboro ~~1 Pine Valley School Pine Va11ey Estates Masonboro ~p2 Masonboro Baptist Church 1501 Beasley Road Federal Point First Born Holiness Church Carolina Beach Road ~k 1 Federal Point Carolina Beach Town Hall Carolina Beach, N. C. ~~2 The registration records of New Hanover County will be kept open at the office of the Board of Elections of New Hanover County, in the County Commission Building, in Wilmington, North Carolina, from 8:00 o'clock, A.M. until 5:00 o'clock, P.M. on each day (Saturdays and Sundays excepted) through April 8, 1974, being the twenty- first day, Saturdays and Sundays excluded, before said election. The last day for registration for the special election sha11 be April 8, 1974. Any qualified voter of the County who expects to be absent from the County during all of said election day or who, because of sickness or other physical disability will be unable to be present at the po11s to vote in person on said day, may apply for an absentee ballot to be used in voting at said election not earlier than sixty days prior to said election and not later than 6:00 o'clock, P.M. on May 1, 1974, being the Wednesday immediately preceding the election. By order of the Board of Commissioners of New Hanover County. Dated February 18, 1974 Lise K. King C1erk of the Board of Commissioners of New Hanover County, North Carolina Said notice of special election shall be published at least twice. The first publication shall be not less than 14 days and the second publication not less than 7 days before the last day on which voters may register for the special election; provided, however, that the first of said publications shall be at Least sixty days prior to the date of such special election. . 5~~ MINUTES OF REGULAR MEETING, FEBRUARY 18, 1974 (CONTINUED) $9,360,000 PUBLIC HOSPITAL BONDS AND $5,500,000 SCHOOL BONDS (CONTINUED) (3) The polls for said election shall be opened and closed at the times and at the places stated in said notice and electors shall be registered for said election in the manner stated in said notice. (4) The New Hanover County Board of Elections is hereby requested to print and distribute the necessary ballots and to provide for the registration books and equipment for the holding of said election and to conduct and to supervise said election. (5) The Clerk of the Board of Commissioners shall mail or deliver a certified copy of this resolution to the New Hanover County Board of Elections within three days after the resolution is adopted. Chm. W. Douglas Powell seconded the motion and the motion was unanimously adopted. DEFERRAL'OF ARCHITECT DISCUSSION By common consent, the Board decided to recess the meeting and defer selection of an architect for the proposed courthouse-jail until Tuesday, February 19, 1974, at 8:45 AM. DISCUSSION OF WATER RESOURCES CONGRESS By common consent, the Board authorized any Commissioner who wished to do so to attend the Water Resources Congress to be held in Washington, D. C., during March, 1974. DISCUSSION OF PHYSICIAN'S FAIR Chm. Powell presented a letter from Dr. Charles H. Duckett of the North Carolina Academy of Family Physicians inviting New Hanover County to participate in the Physician's Fair to be held in Winston-Salem, North Carolina, for the purpose of attracting phy- sicians into our area. By common consent, Chm. Powe11 was authorized to decline this invitation. DISCUSSION OF DEADLINE FOR AGENDA ITEMS By common consent, the deadline Yor agenda items was changed to 12 Noon on Thursday preceding the meeting from 12 Noon on Wednesday preceding the meeting with the understanding that any items coming in on Thursday would be typed on the last page of the agenda. DISCUSSION OF SEDC B~ common consent, the County Manager was requested to write Senators Ervin and Helms and Congressman Rose regarding the combination of the duties of the Southeastern Economic Development Commission within the Cape Fear Council of Governments. TRANSFER OF FUNDS - GARAGE County Manager Eller requested a transfer of $2,500 from General Fund Contingencies Account ~~11 445 61, to Garage-Equipment, Account ~kll 555 74, to provide funds for the purchase of a 10,000 gallon storage tank, the necessary pump, and installation of same. Upon motion by Comm. Wright, seconded by Comm. Davis, this request was unanimously granted. RECESS Chm. Powe11 recessed the meeting at 3:30 PM to reconvene at 8:45 AM on Tuesday, February 19, 1974, to select an architect for the proposed jail-courthouse. RECONVENE At 8:45 AM on Tuesday, February 19, 1974, Chm. Powell reconvened the meeting of the New Hanover County Board of Commissioners which had been recessed at 3:30 PM on Monday, February 18, 1974. Members present were Commissioners Peter R. Davis; J. M. Ha11, Jr.; M. H. Vaughan; Vivian S. Wright; Chm. W. Douglas Powell; County Manager, Dan W. E11er; and Clerk to the Board, Lise K. King. ARCHITECT SELECTION, PROPOSED COURTHOUSE-JAIL Chm. Powell moved, seconded by Comm. Hall, that the architectural firms of Hartman-Cox and Ballard, McKim & Sawyer be selected in a joint association for the proposed courthouse-jail. ~ Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that the firm that was finally selected as lead firm, if not a local firm, be allowed to pick their local associate in consultation with the County Commissioners as originally planned. Upon vote, substitute motion was defeated as follows: Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm. Davis, Ha11 and Chm. P.owell. Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that the architectural firm of Leslie N. Boney be selected as the lead firm in association with Curtis & Davis Architects and Planners, for the proposed courthouse-jail. Comm. Vaughan stated for the record that the qualifications of the firm of Curtis & Davis were far above any firm that had been presented to the Commission. / ~~~ MINUTES OF REGULAR MEETING, FEBRUARY 18, 1974 (CONTINUED) ARCHITECT SELECTION, PROPOSED COURTHOUSE-JAIL (CONTINUED) Comm. Wright stated for the record that she was supporting this particular association because it would give a 1oca1 firm the primary share of the responsibility and the com- missions to be earned and because the Commission would know right now who was going to be the consultant on the jail part of the project and know that we had a top-notch consultant to do that part. (See Addition Page 587) Comm. Hall stated for the record that, even though he might be required to vote on a compromise issue, he still felt that the two local firms that the selection had been narrowed down to were just as competent to do the job as any of the people who had come before them had represented themselves as being. Comm. Davis read into the record the following extract from Mr. Roger H. Clark's letter dated February 13, 1974, as an explanation of the type of of association proposed by Chm. Powell' in his motion. "An agreement of an association between two firms suggests that both firms are responsible to the client for their work. During various phases of the development, one firm may be in control of the work, suggesting that prime responsibility will change as the work progresses. A typical agreement for an association would be for the local firm to send one member of its firm to work in the out-of-town firm during the design phases of the work and for the out-of-town .firm to send one of its members to be with the local firm during the preparation of working drawings and speci- fications. This exchange aids co-ordination of work by both parties of the association. Since both firms are responsible, both are answerable to the Board. This would also indicate that the Board is in 'control' of both firms." Comm. Davis stated that he felt this would offer the best association in that both firms, by contract, would be responsible for the job and answerable to the Commission. Upon vote, Comm. Vaughan's motion to select the firms of Leslie N. Boney and Curtis & Davis was defeated'as follows: Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm. Davis, Hall and Chm. Powell. Upon vote, Chm. Powell's original motion to select the firms of Hartman-Cox and Ballard, McKim & Sawyer was approved as follows: Voting Aye: Comm. Davis, Hall and Chm. Powell. Voting Noe: Comm. Vaughan and Wright. Comm. Vaughan stated for the record that he felt the Commission had done an out- standing job in selecting an architect and that he was happy with the final solution - but that he felt the Commission had passed up one architect who had offered more than any others presented to them. Chm. Powell stated for the record that he thought the Commission had done a very extensive job of interviewing and investigating architectural firms and that there were a number of highly qualified candidates and that he thought the Commission had arrived at the best solution. ADJOURNMEIdT Comm. Davis moved, seconded by Chm. Powe11, that the meeting be adjourned. Chm. Powell adjourned the meeting at 9:25 AM. . Respectfully submitted, C' ~~`°-~ '~ `~'~ Lise K. King Clerk to the Board k