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1974-03-18 Regular Meeting5~~ MINUTES OF REGULAR MEETING, MARCH 18, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, March 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. Hall, Jr.; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powe11; County Attorney, James C. Fox; County Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. Chm. Powell called the meeting to order. Comm. Vaughan offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, MARCH 4, 1974 Comm. Wright requested that on Yage 58~ under "Mental Health Center - Formula for Sharing Rent of New Building," that her reason for voting "noe" on this formula be included as part of the record, which was because she did not think this arrangement was fair to New Hanover County. Comm. Wright requested that on Page 594 under "Transfer of Funds - Wilmington-New Hanover Museum" the record show that she had questioned the request of transfer for Travel because she did not believe that funds should be spent in excess of the budgeted amount until approval had been received. Chm. Powe11 requested that on Page 591 under "Public Hearing to Consider an Appeal from the Recommendation of the Planning Commission for the Following Proposed Amendments to the New Hanover County Zoning Ordinance" that the record show that Planning Director Fender had been requested to review the Zoning Ordinance with regard to Churches and advise the Commissioners if there was any way the policy could be simplified. Comm. Davis moved, seconded by Comm. Wright, that the minutes of the regular meeting held on March 4, 1974, be approved as amended. Upon vote, motion carried unanimously. DISCUSSION OF STATE'S FORMULA FOR ALLOCATING FUNDS FOR ROADS Mr. W. E. Rabon oY the Secondary Roads Council; Mr. T. W. Funderburk, Division Engineer, Division of Highways, Department of Transportation; and Tir. Robert 0. Powell, Division Engineer in Maintenance, appeared before the Board to discuss funds allocated to New Hanover County by the State for paving, improvements and drainage. These funds amounted to $32,000. The Commissioners discussed the formula being employed by the State for allocation of funds, the criteria being unpaved mileage in any given county. It was the general concensus of opinion that, by using this one criteria, the State was discriminating against New Hanover County in that New Hanover County was ranked 100th in total funds allocated and received the least amount of any county in the State. Comm. Vaughan requested that, by common consent, County Manager Eller be asked to get involved with Messrs. Rabon and Funderburk to find out hoti~ much New Hanover County was "behind the eight ball" in getting their fair share of funds and to come back to the Board with a proposal for changing the formula being employed by the State for forwarding on to the legislators and the Department of Transportation. This was agreed to by common consent. SECONDARY ROAD CONSTRUCTION PLAN FOR NEW HANOV~R COUNTY Comm. Vaughan moved, seconded by Comm. Hall, that half of the $32,000 allocated by the State in fiscal year 1973-1974 for Secondary Road Construction be used for drainage; that $1,800 of these funds be used as the State's share for paving S.R. 2000to the Flemington Landfill; and that the balance of these funds be carried over to fiscal year 1974-1975 to he used with any additional funds received from the State. Chm. Powell offered the substitute motion that the Board let County Manager Eller investigate the possibilities for use of these funds and make a recommendation to the Board at their next meeting.for action by the Board. Motion died for Lack of a second. Comm. Vaughan's original motion was approved as follows: Voting Aye: Comm. Davis, Hall, Vaughan and Wright. Voting Noe: Chm. Powell. Chm. Powell stated for the record that he had voted "noe" due to lack of information. CHANGE ORDER N0. 1- AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Col. Paul S. Denison oi Henry von ~esen ~ Associates, Inc., appeared before the Board to request approval of Change Order No. 1 to the Agreement for Professional Engineering Services dated November 26, 1973, related to preparation of a County Comprehensive Regional Water and Sewer Plan. The Change Order was needed in order to meet Environmental Protection Agency's 201 Facilities Plan requirements. Comm. Vaughan moved, seconded by Comm. Davis, that Change Order No. 1 be approved and that the Chairman be authorized to execute it subject to County Manager Eller's stating that he felt this was the best solution to the problem. (County Manager Eller stated that he felt this was the best solution to the problem.) Upon vote, motion carried unanimously. Comm. Wright stated for the record that she was voting "Aye" on this motion with the understanding that part of the profit figure was for contingencies although she had faith in the firm and felt that they would not need the profit figure for contingencies. An executed copy of Change Order No. 1 is attached to the contract. ~~<7 MINUTES OF REGULAR MEETING, MARCH 18, 1974 (CONTINUED) PUBLIC HEARING The Clerk to the Board reported to the Board of Commissioners that notice of a public hearing had been advertised in the Wilmington Morning Star on March 2, and 9, 1974, with notice that the New Hanover County Board of Commissioners would hold a public hearing on March 18, 1974, at 9:30~AM with regard to the following appeal from the recommendation of the Planning Commission. Chm. Powell opened the public hearing to discussion. , PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSI~iv i~ nr.~~ivn YICVYL'K11t ON lnn ~OUTH ~iLn OF wx1GHTSVILLE AVENUE AND RUNNING TO PARK AVENUE BETWEEN WILLANDA DRIVE AND WOODLAND DRIVE FROM R-15 (SINGLE FAMILY DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA ~k9B. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of February 6, 1974, and had recommended that this request be denied. He stated that the Planning Staff had also recommended that this request be denied and cited the following reasons. 1) The need to,prevent continued strip commercialization along Wrightsville Avenue; 2) The Staff felt it would detract from the area as a suitable living environment; 3) There was already a considerable amount of commercially zoned property in the vicinity which was not presently being used for commercial purposes; and, • 4) There were areas nearby which were boxed between commercially zoned properties that the Staff felt would be more suitable for commercial use in the area petitioned for rezoning. Mr. James C. Edwards, the Petitioner, appeared before the Board to ask that this request be approved. Comm. Vaughan moved, in view of the fact that this request had been denied by.the Planning Commission and the Planning Staff, that no further consideration be given to the matter. Motion died for lack of a second. Comm. Wright moved, seconded by Comm. Ha11, that this request be approved. Chm. Powell offered the substitute motion, seconded.by Comm. Vaughan, that this request be denied. Upon vote, substitute motion was approved as follows: Voting Aye: Comm. Davis, Vaughan and Chm. Powe11. Voting Noe: Comm. Hall and Wright. Chm. Powell stated, for the record, that as a philosophy of zoning, he could not justify rezoning purely for the sake of rezoning without a specific need being demon- strated. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE WEST SIDE OF MASONBORO LOOP ROAD APPROXIMATELY 250 FEET SOUTHEAST OF BRIGHTWOOD ROAD FRUM R-15 (SINGLE FAMILY DISTRICT) TO 0&I (OFFICE & Iiv~11iUTI0NAL DISTRICT) IN ZONING AREA ~~9B. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of February 6, 1974, and had recommended that this request be approved. He stated that the Planning Staff had recommended that this request be denied because of problems of traffic and the necessity to keep business on one side of that busy intersection. Mr. Fender stated that the County Commissioners had heard this request at their meeting of March 4, 1974, and had tabled it so that the Planning Department could get comments from the Highway Department with regard to the traffic. He read a Letter addressed to him dated March 14, 1974, from Mr. T. W. Funderburk, Division Engineer, Division of Highways, Department of Transportation and Highway Safety, in which Mr. Funder- burk stated that to rezone this property would, in his opinion, create additional traffic problems at this intersection which would warrant a traffic signal once the area was developed. A photostatic copy of this letter is contained in Exhibit Book 1, Page 50. Mr. Harry Stovall, the Petitioner, appeared before the Board to ask that this request be approved so that he could make a legitimate use out of a non-conforming use. Comm. Wright moved, seconded by Chm. Powell, that this rezoning request be approved and that an ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area ~k9B of New Hanover County, North Carolina, Adopted July 1, 1972" be adopted. Comm. Vaughan offered the substitute motion that this rezoning request be denied. Motion died for lack of a second: Mr. Harold Peterson, a resident of Piney Woods, stated that he lived about three or four lots up from the property requested for rezoning and saw no objections to this request. Chm. Powe11 asked if there were anyone present opposed to this rezoning request, and no one spoke in opposition. Upon vote, original motion to grant this request for rezoning was approved as follows: Voting Aye: Comm. Davis, Ha11, Wright and Chm. Powell. Voting Noe: Comm. Vaughan. (The ordinance, adopted and signed by the Board, is contained in Zoning Ordinance Book I, Section ~~9B, Page 16 •) ~~~ MINUTES OF REGULAR MEETING, MARCH 18, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) Chm. Yowell closed the public hearing to discussion. SILVA TERRA SUBDIVISION - SECTION II-C Mr. Terry L. Harlacher, Staff Planner, appeared before the Board to request approval of the final plat for Si1va Terra Subdivision, Section II-C. Comm. Vaughan questioned the drainage in this section of the subdivision, and Mr. Harlacher stated that the drainage existing in this section of the subdivision had been approved by the County Engineer, Richard Epling. Mr. Harlacher stated further that Mr. Epling had requested that a letter be recorded with the plat from Suggs & Harrelson Construction Company, which owned Arrow- head Subdivision immediately to the south, with permission that drainage from this section of Silva Terra would go in their easement. A photostatic copy of this letter is contained in Exhibit Book 1, Page 51. Comm. Vaughan moved, seconded by Comm. Hall, that the final plat for Silva Terra Subdivision, Section II-C, be approved and that the Chairman be authorized to sign it. Upon vote, motion carried unanimously. PUBLIC HEARING - NEW HANOVER COUNTY AIRPORT COMMISSION The Clerk to the Board reported to the Board oY Commissioners that notice of a public hearing had been published in the Wilmington Morning Star on March 8 and 13, 1974, with notice that the New Hanover County Board of Commissioners would hold a public hearing on March 18, 1974, at 10:00 AM to consider the adoption of an ordinance entitled "An Ordinance Prohibiting the Violation of Certain Rules or Regulations Duly Adopted by the New Hanover County Airport Commission." Chm. Powell opened the public hearing to discussion. Dr. C. E. Hartford, Chairman of the New Hanover County Airport Commission, appeared before the Board and requested that this ordinance be adopted in order to give Airport Management power to enforce existing rules and regulations. The following persons appeared before the Board and spoke in favor of adoption of this ordinance -- Messrs. Harold Fussell; W. Eugene Edwards; woodrow Pridgen; Rudolph Shackleford; Wayne Rehder; and George Rountree, III, Attorney At Law, repre- senting Aeronautics, Inc. The following persons appeared before the Board and spoke against the adoption of this ordinance -- Messrs. Glenn Moore, Bill Dobo, John Combs, W. H. Crisco and Smith Barber. Comm. Wright moved, seconded by Comm. Davis, that this item be tabled until such time as the Airport Commission could get together with those parties opposed to the adoption of this ordinance. Upon vote, tabling motion was approved as follows: Voting Aye: Comm. Davis, Wright and Chm. Powell. Voting Noe: Comm. Ha11 and Vaughan. LUNCH RECESS Chm. Powell recessed the meeting for lunch from 12:40 to 1:40 PM. DISCUSSION OF GRAVITY SEWER LINE FOR NEW HIGH SCHOOL At the meeting ot February 1~, 19/4, County Manager Eller was requested to make a survey of the ownership of the property that the gravity sewer main for the new high school would have to cross to 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 values of their properties. County Manager Eller reported that he had met with the major property owner who had stated that he would grant the necessary easements or rights-of-way in return for assurance from the City of Wilmington that he would be able to tap onto their line and use it. The property owner had stated that he would not participate financially in the gravity sewer line. Comm. Vaughan moved that, by common consent, the County Manager be requested to discuss this with the City Manager with regard to his presenting the problem to the Wilmington City Council and await further action for an indication that they would approve use of the line by near-by people if it were built. This was agreed to by common consent. ~ AWARDING OF CONTRACTS - LEGION STADIUM RENOVATION, PHASE I County Manager Eller reported that further research by County Attorney Fox had indicated that the contracts for Legion Stadium Renovation, Phase I, could be let pro- vided that no more than $200,000 be paid in fiscal year 1973-1974 and the amount by which the total contracts exceeded $200,000-be budgeted in the coming fiscal year. (Mr. Julian A. Altobellis, Architect, at the meeting of March 4, 1974, had been directed to renogotiate the bids in an effort to reduce the over-all bid to the appro- ~ priated $200,000.) ~o~ MINUTES OF REGULAR MEETING, MARCH 18, 1974 (CONTINUED) AWARDING OF CONTRACTS - LEGION STADIUM RENOVATION, PHASE I(CONTINUED) Mr. Julian A. ALtobellis, Architect, presented the iollowing recommendations for Legion Stadium Renovation, Phase I, expenditures. General Contractor: $ 92,100 B. R. Dorsett Construction Company Electrical Contractor: 142,391 Pau1 T. Turner Electric Company Plumbing Contractor: 6,000 American Mechanical Contractors Architectural & Engineering Fee @ 8% 19,239 Altobellis & Associates Surveying Fee 1,500 Allotment to City Parks & Recreation Department for 2,400 Grass Work • $263,630 Comm. Davis moved, seconded by Comm. Hall, that the recommended expenditures for Legion Stadium Renovation, Phase I, be approved and that the Chairman be authorized to execute the contracts. Upon vote, motion carried unanimously. STATEMENT OF INTENT - OPEN HOUSE Mr. Matthew E. Fisher, Executive Director of the New Hanover Drug Abuse Committee, appeared before the Board along with Mr. Kenneth M. Sprunt, Chairman of the Open House Committee, and Miss Flo Stein, Coordinator of the Open House, to request the appropriation of $13,000 for funding of the Open House in fiscal year 1974-1975; funds to be matched by the North Carolina Drug Authority. Comm. Hall moved, seconded by Comm. Davis, that the Board furnish the Drug Abuse Committee a letter of intent to appropriate $13,000 in fiscal year 1974-1975 for the Open House. Upon vote, motion carried unanimously. Comm. Wright stated for-the record that she was disappointed that the Drug Abuse Committee had come back for additional funds since the Board had been assured twice by them that they had only funded them for one year to start them off and that they would not be back to the Commissioners for additional funds. Comm. Vaughan stated for the record that he had voted "Aye" on this appropriation with misgivings as to the project's escalation. DISCUSSION OF BIDS FOR PISTOLS FOR SHERIFF'S DEPARTMENT Mr. Jesse Blanton, ChieY Deputy in the Sheritt's Department, presented the bids received on March 15, 1974, for purchasing approximately fifty four 357 stainless steel magnums. (The Commission had approved the purchase of these weapons at their meeting of March 4, 1974.) Mr. Blanton stated that only one valid bid had been received and this was from Wilmington Gun Exchange. The other response had come from Demain Enter- prises, Inc., but did not constitute a legal bid in that no bid bond had been sub- mitted. Mr. Blanton recommended that the bid from Wilmington Gun Exchange be accepted. Comm. Wright moved that the bid from Wilmington Gun Exchange be accepted. Motion died for lack of a second. • Comm. Hall moved, seconded by Comm. Vaughan, that the request for bids for hand gunds be readvertised and bids resubmitted. Chm. Powe11 offered the substitute motion, seconded by Comm. Wright, that the bid from Wilmington Gun Exchange be approved. Upon vote, substitute motion was defeated as follows: Voting Aye: Comm. Wright and Chm. Powe11. Voting Noe: Comm. Davis, Hall and Vaughan. Upon vote, original motion to readvertise for bids was approved as follows: Voting Aye: Comm. Davis, Hall and Vaughan. Voting Noe: Comm. Wright and Chm. Powell. TRANSFERS OF FUNDS - JAIL Upon motion by Comm. Vaughan, seconded by Comm. Hall, the following transfers of funds for the Jail were unanimously approved. $850 to be transferred from Contract Services, Account ~kll 520 45, to the following: Travel, Account ~~11 520 14 $100 Telephone, Account ~kll 520 11 200 Maintenance & Repair of Equipment, Account ~~11 520 16 350 Laundry & Dry Cleaning, Account ~{11 520 35 200 $850 ~4~. MINUTES OF REGULAR MEETING, MARCH 18, 1974 (CONTINUED) BUDGET AMENDMENT - SHERIFF'S DEPARTMENT Upon motion by Coimn. Vaughan, seconded by Comm. Hall, the budget was unanimously amended by increasing the revenue item in the General Fund, Miscellaneous Revenues, Account ~~11 335 00, by $650 and by increasing the expenditure item, Miscellaneous Expense, Account ~~11 510 57, in the Sheriff's Department by $650. This amendment was necessary to cover the cost of transporting mentally ill persons and prisoners. APPROVAL OF CHANGE ORDER - DEPARTMENT OF SOCIAL SERVICES RENOVATION County Manager Eller presented a change order from the architects on the reno- vation of the Social Services Department in the amount of $126.05 in the electrical contract. This change order was to replace wall-mounted electrical panels with flush- mounted panels in order to put an office in what had been a storage room. County Manager ELler requested approval by the Board of this change order. Upon motion by Comm. Vaughan, seconded by Comm. Hall, this change order was unanimously approved. ACCEPTANCE OF RESPONSIBILITY AS FISCAL AGENT FOR RESIDENTAL CARE FACILITIES - LEAA GRANT APPLICATION Mr. Ronald R. Knopf, Director of the Juvenile Services Cettter, reported that the Residental Care Facilities program proposed by Youth Help, Inc., and endorsed by the County Commissioners at their meeting of March 4, 1974, could be funded by the Law Enforcement Assitance Administration (LEAA) but that LEAA could not fund any organization not attached to a county or city government. He stated that the Junior League was in the process of appropriating $4,800, the matching funds for LEAA; therefore, no funds would be needed from the County. Mr. Knopf requested that the County Commissioners accept the responsiblity as sub-grant agent. Comm. Hall moved, seconded by Chm. Powell, that New Hanover County accept the responsibility for being the fiscal agent for the Residential Care Facilities and that no funds from New Hanover County would be involved. Upon vote, motion carried unani- mously. SETTING PUBLIC HEARING -"AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION AND SEDIMENTATION" Mr. Herbert P. McKim, Chairman of the Environmental Impact Ordinance (EIO) Committee presented the erosion and sedimentation ordinance entitled "An Ordinance to Provide for the Control of Soil Erosion and Sedimentation." He stated that this had been adopted by the EIO Committee, and he requested that it be adopted by the County Commissioners. For the sake of discussion, Comm. Vaughan moved that this ordinance be adopted; Motion died for lack of a second. Comm. Wright moved, seconded by Comm. Davis, that a public hearing be held with regard to this ordinance on Monday, March 25, 1974, at 7:30 PM. Comm. Hall offered the substitute motion that the ordinance be adopted and that a public hearing be held on Monday, March 25, 1974, at 7:30 PM to entertain any possible amendments to this ordinance. Substitute motion died for lack of a second. Co~n. Wright withdrew her motion, and the Board agreed, by common consent, to hold a public hearing on Monday, March 25, 1974, at 7:30 PM. By common consent, County Manager Eller was requested to investigate staffing possibilities for enforcement of this ordinance and make recommendations for implemen- tation. PROGRESS REPOKT ON COURTHOUSE - JAIL Mr. Herbert P. McKim ot Ballard, McKim and Sawyer, Architects, appeared before the Board to discuss the courthouse-jail progress with the Board. He stated that they planned to have a contract for the Board before their next meeting. Comm. Vaughan suggested the following time table. (See Page 607 for Addition.) March 18 - December 31, 1974 - Design Period January 1, 1975 - Letting of Contracts Suly 1, 1976 - Building Completion Mr. McKim stated that before obtaining a jail consultant, they planned to visit the National Clearing House for Correctional Architecture in Chicago, Illinois, along with County Manager ELler and Major Joe Johnson, Jailer. APPROVAL TO SELL BLOCK 135 NWM 2 204 GORES ROW Tax Administrator Larry Powell reported that he had received an offer to purchase Block 135 NWM 2, 204 Gores Row, for $350, which was owned jointly by the City of Wilmington (58%) and New Hanover County (42%). He requested authorization to advertise this property as outlined in the Policy of Disposal of County Real Estate. Upon motion by Comm. Wright, seconded by Comm. Vaughan, authorization was unanimously granted to advertise this property for sale. DATE FOR BOARD OF EQUALIZATION AND REVIEW Tax Administrator Larry Powell reported that, in accordance with G. S. 105-322, it would be necessary for the Board of County Commissioners to establish a Board of Equalization and Review. He recommended that this be set for Monday, April 8, 1974, at 9:00 AM. By common consent, this date and time was agreed upon for the Board of Equalization and Review. ~Q~ MINUTES OF REGULAR MEETING, MARCH 18, 1974 (CONTINUED) ABATEMENTS AND REFUNDS FROM FEBRUARY 1 THROUGH MARCH 18, 1974 Upon motion by Comm. Davis, seconded by Comm. Hall, the requests for abatements and refunds from February 1 through March 18, 1974, contained in Tax Administrator Larry Powell's memorandum dated March 12, 1974, were unanimously approved. T.his memorandum is contained in Exhibit Book 1, Page 52. NEW HANOVER COUNTY TAX COLLECTIONS THROUGH FEBRUARY 28, 1974 Upon_motion by Comm. Davis, seconded by Chm. Powell, the report from Janie B. Straughn, Collector of Revenue, for New Hanover County Tax Collections through February 28, 1974, was unanimously accepted by the Board. This report is contained in Exhibit Book 1., Page 53. APPROVAL OF CHANGE ORDER - PUBLIC HEALTH BUILDING, PLUMBING CONTRACT County Manager Eller presented a change order approved by Dr. Joseph C. Knox adding $1,203 to the plumbing contract for the new public health building to provide for additional water pipe necessary to tie.into the existing City Line. He stated that no additional funds would be required as the amount budgeted for the construction of the Public Health Building had included a contingency of $14,000. Comm. Vaughan moved that this change order be approved but withdrew his motion before it was seconded. Comm. Wright stated that she objected to this request because the Board of Health had not been informed of the change order. She stated that Dr. Knox was within his rights to approve this change order because the Board of Health had authorized him and Dr. Smith to approve any change orders as long as they did not require additional funds. She stated, however, that she did feel the Board of Health should have been notified and that she would vote against approval of this change order because of this and because of difficulties in getting other information. Comm. Davis moved, seconded by Comm. Hall, that this change order be approved. Comm. Vaughan offered the sub.sCitute motion that this item be tabled until it was brought before the Board of Health. Tabling motion was defeated as follows: Voting Aye: Comm. Vaughan. Voting Noe: Comm. Davis, Ha11, Wright and Chm. Powell. Upon yote, motion to approve this change order passed as follows: Voting Aye: Comm. Davis, Hall and Chm. Powell. Voting Noe: Comm. Vaughan and Wright. DECLASSIFICATION OF DEPARTMENT HEADS County Manager Eller reported that Mr. Jack DiSarno of his office had brought to his attention an inconsistency in the County's Classification and Pay Plan and Procedure as follows: Article I, Section 4, Paragraph 2, of the Personnel Resolution stated that department heads were exempt from the provisions of the Personnel Resolution.. He stated that he interpreted this stipulation to mean that, according to the Personnel Resolution, department heads should not be classified and that an examination of the budget and personnel records had shown that some of the department heads were classified and com- pensated according to the Personnel Resolution. He stated further that it was the view of the Local Government Division of the State Personnel Office that all department heads, except those who were elected, should be classified. County Manager Eller recommended that Article I, Section 4, Paragraph 2, of the Personnel Resolution be amended by deleting the words "department heads." Comm. Wright moved, seconded by Comm. Vaughan, that those department heads who were classified be declassified. Comm. Hall offered the substitute motion, seconded by Chm. Powell, that the County Manager be requested to make a recommendation to the Board at their meeting of April 1, 1974, on the grade classification of all department heads. Upon vote, substitute motion was defeated as follows: Voting Aye: Comm. Hall and Chm. Powell. Voting Noe: Comm. Davis, Vaughan and Wright. Upon vote, motion to declassify all department heads was approved as follows: Voting Aye: Comm. Davis, Vaughan and Wright. Voting Noe: Comm. Ha11 and Chm. Powell. APPROVAL OF CONDEMNATION OF CITY-COUNTY PROPERTY The Redevelopment Commission had requested the Commissioners to approve the con- demnation of the following parcels of land owned jointly by the City of Wilmington and New Hanover County. 1. Northwest middle 1/8 of 3, Block 297 2. Part East 1, Block 297 Upon motion by Comm. Davis, seconded by Comm. Vaughan, condemnation of these two parcels of land was unanimously approved. 6~F:) MINUTES OF REGULAR MEETING, MARCH 18, 1974 (CONTINUED) BUDGET AMENDMENTS TO ELIMINATE THE FUND BALANCE DEFICITS County Manager Eller and County Auditor Patrick Ross presented proposed Journal Vouchers and recommended that the budget be amended as shown on these Journal Vouchers to eliminate fund balance deficits. These Journal•Vouchers are contained in Exhibit Book 1, Page 54. Comm. Wright stated that she was going to vote "noe" as a protest vote because she felt this.was a case where the tax rate might have been different this year if ~ the Commissioners had known about this at budget time because they had not wanted to drain the surplus down to nothing. Comm. Hall moved, seconded by Chm. Powell, that the budget be amended as shown on the proposed .Tournal Vouchers. Upon vote, motion was approved as follows: Voting Aye: Coumi. Davis, Hall, Vaughan and Chm. Powell. Voting Noe: Comm. Wright. Comm. Davis stated for the record that alternatives were sought but none were found. ACTUARIAL STUDY FOR SCHOOL PENSION SYSTEM Csee Page 607 for Additiorc. ) Comm. Vaughan moved, seconded by Comm. Ha11, that the sum of $8,000 be transferred from General Fund Contingencies, Account ~~11 445 61, to Professional Services in the non-departmental section of the budget, Account ~~11 660 04, to provide for an actuarial study of the school pension system and that the firm of H. Gray Hutchison and Associates, Inc., be employed for this purpose. County I4anager Eller recommended that this be deferred until fiscal year 1974-1975 so that the cost of the study could come from the tax levy for the pension fund. After a brief discussion regarding wanting to have this study completed before adoption of the budget for fiscal year 1974-1975, vote was taken on Comm. Vaughan's motion, which was approved unanimously. DEFERRAL OF REQIIEST FOR TRANSFER OF FUNDS - MUSEUM Mr. Gary Eyster, Museum Director, had requested a transfer of $500 from Land Purchases, Account ~~11 625 71, to Travel, Account ~~11 625 14. This item had been deferred at the meeting of March 4, 1974, in order for Mr. Eyster to furnish a detailed explanation of the reason for this transfer, and he had written the Commissioners detailing this need. Comm. Vaughan moved that this be referred to the Wilmington-New Hanover Museum Board of Trustees asking their opinion and stating that this level of contact should be done by members of the Board. Motion died for lack of a second. By common consent, the Board agreed that this request for transfer of funds should come from the Museum Board of Trustees. TRANSFER OF FUNDS - PLANNING DEPARTMENT Planning Director Richard A. Fender had requested the following transfers of funds. $1,260 to be transferred from Contract Services, Account ,~kll 490 45, to the following accounts. $340 to Departmental Supplies, Account ~~11 490 33 $200 to Equipment Rental, Account ~~11 490 22 $125 to Telephone and Postage, Account ~{11 490 11 ~ $595 to Equipment, Account ~~11 490 74 Comm. Vaughan moved, seconded by Comm. Hall, that these transfers be approved. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Vaughan and Chm. Powell. Voting Noe: Comm. Wright. Comm. Wright stated that she voted "noe" because she felt requests for capital items should come up during budget sessions and, further, that she did not think an extra telephone should have been installed in November of 1973 if they did not have the money for it. TRANSFER OF FUNDS - INSPECTIONS Comm. Hall moved, seconded by Comm. Wright, that $2,000 be transferred from General Fund Contingencies, Account ~~11 445 61, to the following: $ 500 to Fees & Charges (Refunds), Account ~~11 540 59 $1,500 to Departmental Supplies, Account ~~11 540 33 as requested by County Manager Eller and County Engineer Epling. Upon vote, motion was.approved as follows: . Voting Aye: Comm. Davis, Hall, Wright and Chm. Powell. Voting Noe: Comm. Vaughan. 60~ MINUTES OF REGULAR MEETING, MARCH 18, 1974 (CONTINUED) DISCUSSION OF LEVY UPON AND SALE OF TANGIBLE PERSONAL PROPERTY FOR TAX COLLECTION PURPOSES Comm. Wright stated that she was not tamiliar with the contracted arrangement between the City of Wilmington and the Tax Department but that she did not think it was right for the Wilmington City Council to pass a resolution directing the Sheriff's Department to do something. She read from the resolution adopted by the Wilmington City Council with regard to levy upon and sale of tangible personal property for tax collection purposes. Comm. Wright requested County Manager Eller to investigate this for her. NEW HOPE DAM LITIGATION By common consent, Chm. Powell was authorized to write Brunswick, Columbus and Pender Counties requesting participation in the legal fees for the New Hope Dam liti- gation as contained in a letter dated March 18, 1974, from Mr. Beverly P. Paul, Executive Director of the Cape Fear Council of Governments. This letter is contained in Exhibit Book 1, Page 55. DISCUSSION OF SENATE BILLS 1284 and 1285 Senator George Rountree, III, had written the Commissioners requesting their position on Senate Bills 1284 and 1285 designed to give County Commissioners jurisdiction over the personnel employed by the Clerks of Superior Court. Comm. Vaughan moved that, by common consent, the Chairman he authorized to write Senator Rountree voicing the Commission's support of these senate bills in that they could foresee a potential morale problem within the structural organization of the County. This was agreed to by common consent. DISCUSSION OF COLE-LAYER-TRUMBLE Comm. Vaughan stated his concern over the performance of Cole-Layer-Trumble Company.' By common consent, Chm. Powell and County Manager Eller were authorized to contact Cole-Layer-Trumble and request that someone appear before the Commissioners at their meeting of April 1, 1974. LETTER TO GOVERNOR REGARDING SECONDARY ROAD FUNDS Comm. Davis requested that, by common consent, the Board authorize Chm. Powell to write the Governor concerning the fact that New Hanover County ranked 100th in Secondary Road Funds to protest the method by which this was done. This was agreed to by common consent. DISCUSSION OF CORONER POSITION Comm. Wright stated that she felt the position of Coroner should be studied.in detail along with the Medical Examiner system in order to have a proposal when the next legislature convened. Chm. Powell appointed Comm. Wright as a committee of one to bring this up again at the appropriate time. EMERGENCY OPERATIONS CENTER APPLICATIONS By common consent, the County Manager was authorized to file the necessary applica- tions to secure federal funds for the construction of an Emergency Operations Center in connection with the courthouse-jail construction project. The County Manager had been notified that requests for funding in fiscal year 1975-1976 had to be received in Raleigh no later than March 22, 1974. ' ADJOURNMENT ~ Comm. Davis moved, seconded by Comm. Wright, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 5:05 PM. Respectfully submitted, ~~ , . ~-~C . ~LC~„ Lise K. King `~ Clerk to the Board k MINUTES OF SPECIAL MEETING, MARCH 25, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in special session on Monday, March 25, 1974, at 7:30 PM in the Assembly Room, County Commission Building, Wilmington, North Carolina, to conduct a public hearing regarding the adoption of an ordinance entitled "An Ordinance to Provide for the Control of Soil Erosion and Sedimentation." Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powe11; County Manager, Dan W. Eller;and Clerk to the Board, Lise K. King. .' Chm. Powell called the meeting to order. Comm. Ha11 offered the invocation.