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1974-05-20 Regular Meeting~eS:~ MINUTES OF SPECIAL MEETING, MAY 14, 1974 (CONTINUED) REPORT ON PARKS & RECREATION Councilman Green asked about a parks and recreation study and wondered why this could not be done on a county-wide basis or by being jointly funded. County Manager Eller reported.that, in the absence of a county.plan, the County was planning to use some land adjacent to existing school sites and had employed a man to do site plans of three of the schools in the county. He stated that Mr. Richard A. Fender, Planning Director, was going to begin developing a comprehensive county plan this fiscal year. (See Page 645 for Additian.) ADJOURNMENT Chm. Powe11 adjourned the meeting at 9:00 AM. Respectfully submitted, C'?=~~~.~, ~ Lise K. King ~ Clerk to the Board k MINUTES OF REGULAR MEETING, MAY 20, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, May 20, 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 Clerk to the Board, Lise K. King. Chm. Powell called the meeting to order. Rev. Marion W. Powell offered the invocation. APPROVAL OF MINUTES: SPECIAL MEETING, APRIL 29, 1974 Comm. Davis requested that the record show that the reason the Board had not approved the School Board's request to purchase land at Carolina Beach in the.amount of $27,500 was because a formal appraisal had not been secured on the property and that there were no members of the Board of Education present to make this request. Comm. Vaughan moved, seconded by Comm. Wright, that the minutes of the special meeting held on April 29, 1974, be approved as amended. Upon vote, motion carried unanimously. APPROVAL OF MINUTES: REGULAR MEETING, MAY 6, 1974 Comm. Wright requested that on Page 6"16 under "Request of Southeastern North Carolina Educational, Historical and Scientific Foundation" her comments.be included in the minutes. She had stated that she would not vote,to appropriate any funds for this request because she did not think that it was a proper e~cpenditure of County funds. Comm. Wright requested that on Page 629 under "Discussion of Wilmington Police Depart- ment Being Included in Proposed Courthouse/Jail" her reason for voting "noe" on the joint breakfast meeting be included as part of the record which was because it was a breakfast meeting paid for by County funds and that she was not voting against a joint meeting with City Council as such. . Comm. Vaughan moved, seconded by Comm. Wright, that the minutes of the regular meeting held on May 6, 1974, be approved as amended. Upon vote, motion carried unanimously. REIMBURSEMENT TO MR. ALBERT D. COX, JR., FOR USE OF COUNTY LAND At the meeting ot May 6, 1974, the Board of Commissioners voted unanimously to terminate a lease agreement with Mr. Albert D. Cox, Jr., on May 20, 1974, for a parcel of land near the Juvenile Services Center which Mr. Cox leased from the County to farm. Termination of this lease agreement was necessary in that this was part of the land to be used for the site of the new high school in the northern part of the County. The Board also agreed to reimburse Mr. Cox on a pro rata basis any advance payment he had made. Mr. Albert D. Cox, Jr"., appeared before the Board to discuss the amount to be reim- bursed to him. He requested that he be reimbursed $400 for rent and $732.50 for preparing the land for planting. Comm. Ha11 moved, seconded by Comm. Davis, that the sum of $1,133 be transferred from General Fund Contingencies, Account ~~11 445 61, to Non-Departmental Miscellaneous Expense, Account ~~11 660 57, to reimburse Mr. Cox because of the fact that the County was claiming use of the land which had been rented to him after he had done certain improve- ments and prepared the field for planting and that a signed release be prepared by the County Attorney. Upon vote, motion carried unanimously. Comm. Vaughan stated that he had voted "yes" because it was his understanding that the location of the school had not been made public at the time the lease was made and action was taken by Mr. Cox to begin farming. ~e)o.~ MINUTES OF REGULAR MEETING, MAY 20, 1974 (CONTINUED) POLICY REGARDING ABSENCES OF APPOINTEES FROM MEETINGS Chm. Powell moved, seconded by Comm. Vaughan, that any member of a board or committee appointed by the County Commissioners who mi'ssed three consecutive meetings or 50% of more of the total annual meetings without a valid excuse be asked to give up his seat so that someone who could attend the meetings could be appointed. Upon vote, motion carried unanimously. ARMED GUARD APPROVED FOR SOCIAL SERVICES At the meeting ot May 6, 1974, the ~ommission had requested that Miss Lela Moore Hall, Director of the Department of Social Services, and a member of her Board be present to discuss the security to be provided for the food stamps and cash at the Department of Social Services. Mr. J. W. Walton, Jr., Chairman of the Board of Social Services, and Miss Hall appeared before the Board to discuss their request for approval to hire an armed guard to be on the premises five days out of each month during the peak period when food stamps and cash were present on the premises. Chm. Powell moved, seconded by Comm. Hall, that the request of the Board of Social Services to employ an armed guard for security of cash and food stamps at a cost to the County of $70 per month be approved with Wachovia Bank & Trust Company also paying $70 per month in lieu of using their armed truck. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Vaughan, and Chm. Powell. Voting Noe: Comm. Wright. PUBLIC HEARING TO CONSIDEft ADOPTION OF AN ORDINANCE ENTITLED "AN ORDINANCE REQUIRING LICENSING AND CONTROL OF DOGS IN NEW HANOVER COUNTY." The Clerk to the Board reported to the Board of Commissioners that notice had been run in the Wilmington Morning Star on May 7 and May 13, 1974, that the New Hanover County Board of Commissioners would hold a public hea"ring at 9:30 AM on Monday, May 20, 1974, to consider adoption of an ordinance entitled "An Ordinance Requiring Licensing and Control of Dogs in New Hanover County." Chm. Powell opened the public hearing to discussion. The following persons appeared before the Board to speak in favor of the ordinance. 1. Mrs. Walter C. (Marjorie) Kunz, 809 Robert E. Lee Drive. 2. Mrs. W. L. Miller, 228 Rose Avenue, submitted a petition witli 111 signatures supporting the ordinance. This petition.is contained in Exhibit Book 2, Page 7. 3. Mrs. Stanley C. Faulk, Sr., 238 Cherokee Trail, submitted a petition with 82 signatures supporting the ordinance. This petition is contained in Exhibit Book 2, Page 8. 4. Mr. Gary W. Reavis, 1338 King's Grant Road, President of the King's Grant Home- owners Association. 5. Mrs. R. G. (Susan) Cowan, 317 Wellington Drive, Queen's Point Subdivision. 6. Mrs. Josie M. Montgomery, 4810 Park Avenue. 7. Mr. Wayne Phillips of Monterey Heights. 8. Mrs. Leland R. Davis, Town Manager of the Town of Carolina Beach, representing the Carolina Beach Town Council. 9. P1rs. William D. (Frances) Stone, 219 Rose Avenue. 10. Mrs. Elwood (Pearl) Hill, 115 Horndale Dr`ive. 11. Mr. Clarence Brock, 807 Chestnut Street. 12. Mrs. M. C. (Nell) Pickler of Myrtle Grove Sound. 13. Mr. Russell R. Key, 5029 Pine Street. 14. Mr. Gerald C. McCoy, 309 Ke11y Road. The following persons appeared before the Board in opposition to the ordinance. 1. Mr. John J. Burney, Attorney at Law, 110 North Fifth Avenue. 2. Mr. L1oyd A. Tyndall, 234 Windemere Road. 3. Mrs. Larry K. (Donna) Neal, 2217 South Canterbury Road, of the Hanover Kennel Club. 4. Mr. Bill Huffine, President of the Port City Field Trial Club, Inc., P. 0. Box 1555. 5. Mrs. Allan Jones of the New Hanover County Humane Society. Mrs. Katherine Nemeth stated that a meeting was going to be held on Thursday, May 23, 1974, at 7:45 PM at the Carolina Savings & Loan Building with representatives from the various groups to iron out the disagreements in the ordinance. She stated that Sheriff Grohman and Mr. J. W. .Tohnson, Director of the Animal Control Center, had also been invited to attend this meeting. Comm. Hall moved, seconded by Comm. Wright, that the public hearing be closed. Upon vote, motion carried unanimously. Chm. Powell moved, seconded by Comm. Hall, that the motion to close the public hearing be withdrawn. Upon vote, motion carried unanimously. Comm. Hall moved, seconded by Comm. Wright, that the public hearing be recessed until the second meeting in June 1974. Upon vote, motion carried unanimously. Chm. Powell recessed the pu{~lic hearing until June 17, 1974. Couun. Ha11 moved, seconded by Comm. Vaughan, that no action be taken on the ordinance as written and proposed. Upon vote, motion carried unanimously. ~~~ MINIUTES OF REGULAR MEETING, MAY 20, 1974 (CONTINUED) APPROVAL TO SELL THREE PARCELS OF LAND TO THE REDEVELOPMENT COMMISSION r County Manager E11er presented a request Yrom the Kedevelopment Commission that the City and the County approve selling to the Redevelopment Commission the following three parcels of land. 1. A lot on Schaffer's (Schutt) A11ey, 33'x75', for $300. The description of the property being as follows: BEGINNING at a point in the Western line of Schaffer's (Schutt) Alley, 132 feet Southwardly from the Southern line of Harnett Street, running thence Southwardly along Schaffer's (Schutt) Alley 33 feet; thence Westwardly parallel with Harnett Street 75 feet; thence Northwardly para11e1 with Schaffer's (Schutt) A11ey 33 feet; thence Eastwardly parallel with Harnett Street 75 feet to the point of Beginning, the same being part of Lot 2, in Block 297. 2. A lot on Nixon Street, 64'x26', for $$00. The description of the property being as follows: BEGINNING at a point in the northern line of Nixon Street 55 feet eastwardly from the intersection of the northern line of Nixon Street with the eastern line of Seventh Street; runs thence northwardly and parallel with Seventh Street 64 feet; thence eastwardly and para11e1 with Nixon Street 26 feet; thence southwardly and parallel with Seventh Street 64 feet to the northern line of Nixon Street; thence westwardly along the northern line of Nixon Street 26 feet to the point of Beginning. The same being part of Lot 5 in Block 338 according to the official city plan of Wilmington, N. C. 3. A lot on McRee Street, 75'x30', for $300. The description of the property being as follows: BEGINNING at a point in the western line of McRee Stree't 90 feet southwardly from Taylor Street and 150 feet eastwardly from Seventh Street; running thence westwardly parallel with Taylor Street 75 feet; running thence southerly parallel with McRee Street 30 feet; running thence eastwardly parallel with Taylor Street 75 feet to McRee Street; running thence northwardly with the western line of McRee Street 30 feet to the point of beginning. Being part of Lot 2, Block 338, according to the official plan of the City of Wilmington, N. C. County Manager Eller stated that Tax Administrator Larry Powell had reviewed the prices offered and the Tax Office valued the first parcel (on Schaffer's Alley) at $360 and the other two parcels at the prices offered. Comm. Vaughan moved, seconded by Comm. Davis, that the Board approve selling to the Redevelopment Commission these three parcels of land at the appraised value received from the Tax Department. Upon vote, motion carried unanimously. DISCUSSION OF JUDGE TILLERY'S LETTER DATED APRIL 5, 1974 Comm. Davis brought to the attention of the Board a letter from Senior Resident Superior Court Judge L. Bradford Tillery to District Attorney Allen Cobb dated Apri1 5, 1974, which referred to a letter from Mr. Pat Sholar, Foreman of the Grand Jury, as follows: "The second letter deals with a general concern on the part of the Grand Jury relative to personnel to investigate drug cases. I would suggest you transmit this to the Board of County Commissioners, the City Council, the New Hanover Sheriff's Department, and the Chief of Police, Wilmington, North Carolina." General concern was expressed on the part of the Commission in that they had not received the letter referred to in Judge Tillery's letter. Comm. Davis stated that he had wanted to bring this to the Board's attention in that it pointed out the need to back up all law enforcement in the area as far as personnel in the drug field mainly with the new budget in that he was sure Sheriff Grohman would be requesting additional personnel for drug cases. Comm. Davis requested, by common consent, the Board write a letter to Mr. Cobb and request copies of the Grand Jury's letter concerning recommendations as far as drug inves- tigations. Comm. Vaughan moved, seconded by Comm. Wright, that the Board write Judge Tillery telling him that the Board was in receipt of a letter which he had written to Mr. Cobb but that the Board had never received the letter itself and their curiosity had been stirred and they wondered if Judge Tillery would send them a copy of the letter. Upon vote, motion carried unanimously. (See Page 646 for Correction.) TRANSFER OF FUNDS - LAW,LIBRARY Comm. Davis moved, seconded by Comm. Hall, that the sum of $400 be tr.ansferred from Salaries & Wages, Account ~~17 510 02, to Dues & Subscriptions, Account ~k17 516 53, and that $400 be transferred from Professional Services, Account ~~17 516 04, to Dues & Sub- scriptions, Account.~~17 516 53, in the Clerk of Court budget due to the need for up-dated volumes in the Law Library. Upon vote, motion carried unanimously. DISCUSSION OF MODULAR CONSTRUCTION Mrs. Vera Shands of the Board of Education stated that Dr. J. T. Pierce, Director of the School Planning Division, in the State School Department, and members of his staff would be present at the Commission meeting of June 3, 1974, to discuss modular construction of schools. She requested the Commissioners to lay out their specific questions so that the whole area of modular construction could be covered. Comm. Vaughan requested that all representatives of that type of building domiciled in the community be invited to attend the meeting so that they could have representation if desired. Members of the School Board agreed to this request. ~e) ) MINUTES OF REGULAR MEETING, MAY 20, 1974 (CONTINUED) DISCi1SSI0N OF PROPOSED SCHOOL SITES The following persons appeared before the Board to discuss the proposed school sites in the County. Mr. LaMar Mclver, Mrs. Vera Shands, Mr. Victor G. Taylor, Mr. Charles C. Wells, and Mrs. Paula Williams of the New Hanover County Board of Educa- tion; Dr. Heyward C. Bellamy, Superintendent of Schools, and Dr. E1 Clark, Assistant Superintendent of Schools; and Mr. Larry Best of the architectural firm of Leslie N. Boney. Discussion of Elementary School Site on River Road There was a discussion regarding the site on River Road for an elementary school (grades 1-4) to be located on a 15-acre site.offered to the New Hanover County Schools by the Burnett family and the Godwin family with the stipulation that school construction begin within five years. Comm. Davis stated that he thought the Board had asked the Board of Education to look for another site. (At the meeting of December 3, 1973, the following action had been taken by the Board with regard to this site. "Comm. Vaughan moved, seconded by Comm. Hall, that the Board of Education be advised that the Commission was not satisfied that sites for this school had been adequately explored but that there were no objections to the acceptance of the donation of this site if they continued to search for another site with easier access. Upon vote, motion carried unanimously.") It was the general concensus of the Board of Commissioners that the Board of Educa- tion should investigate securing a site which would be more geographically located in the center of the area to be served, thus giving easier access for the students in the school district. Discussion of Acquirinp Property Next to Carolina Beach School At a special meeting held on April 29, 1974, the County Commissioners had considered a request of the Board of Education to purchase property at Carolina Beach for $27,500. This request had not been approved because a formal appraisal had not been secured on the property and also because there had been no members of the Board of Education present to make this request. Comm. Hall moved that the Board. of Commissioners tell the Board of Education to go ahead and purchase this property if they needed it for the expansion of the present school system there. Motion died for lack of a second. AIr. McIver stated that they were presently having an appraisal done on the property. Discussion.of North HiQh School Site on Blue Clay Road , There was a discussion regarding soil conditions for the site selected in the northern part of the County for a high school on Blue Clay Road. Comm. Vaughan moved, seconded by Chm. Powell, that the Board of Commissioners advise the Board of Education formally that, if the Board of Education should care to look for other sites, they should not be held down to a site which represented a gift from the County and that the Board would entertain cheerfully any advances they made towards the use of alternate sites. Comm. Hall offered the substitute motion that the Board of Commissioners te11 the Board of Education to go ahead with the site as proposed if they decided another site was not better suited for it. Substitute motion died for lack of a second. Upon vote, Comm. Vaughan's motion was approved as follows: Voting Aye: Comm. Davis, Vaughan, and Chm. Powell. Voting Noe: Comm. Hall and Wright. Comm. Wright stated that she was voting "noe" because she objected to the use of the word "cheerfully." It was agreed by common consent that the Board would,entertain a proposal for trading the property on Blue Clay Road for other suitable property if the boundary lines on the Blue Clay Road site were reasonable boundary lines. EARLY COMMITMENT OF EMPLOYING PRINCIPAL FOR NEW HIGH SCHOOL Dr. Heyward C. Bellamy, Superintendent ot Schools, stated that they would like to hire the principal for the new high school in the northern part of the County oneyear in advance to work with the architects, to do curriculum work with the staff, etc. He stated that the funds were presently requested in the supplementary budget but that they might want to contact this individual before the budget was adopted so that he would be able to give proper' notification to his school system. Chm. Powe11 moved, seconded by Comm. Davis, of employing a principal for the new high school carried as follows: Voting Aye: Comm. Davis, Ha11, Wright, and Voting Noe: Comm. Vaughan. Comm. Vaughan stated that he was voting "no budget time. that the Board approve early commitment before budget time. Upon vote, motion Chm. Powell. :" because he felt this could be done at -~e)~ MINUTES OF REGULAR MEETING, MAY 20, 1974 (CONTINUED) LUNCH RECESS Chm. Powell recessed the meeting for lunch from 12:30-1:30 PM. SEWER LINE FOR NORTH HIGH SCHOOL STTE At the meeting of May.6, 1974, the County Commissioners, by common consent, requested the County Manager to prepare an analysis of the proposed alternatives for providing sewer service for the new north high school. Due to the press of budget preparation, the County Manager had been unable to meet with the appropriate parties to develop a thorough analysis and requested that this item be deferred until the meeting of June 4, 1974. No action was taken by the Board. TRANSFER OF FUNDS - GARAGE Due to the increased cost of gasoline and the installation of additional gasoline storage, it was requested that the amount,of $6,000 be transferred from General Fund Con- tingencies, Account ~kll 445 61, to Purchases for Resale, Account ,~~11 555 48, in the Garage budget. Comm. Vaughan moved, seconded by Comm. Davis, that this transfer of funds be approved. Upon vote, motion carried unanimously. TRANSFER OF FUNDS - MUSEUM At the meeting of Apri1 16, 1974, the County Commissioners had denied a"request to transfer $1,500 in the Museum budget to provide for additional display areas pending action by the Museum Board of Trustees. On Thursday, May 9, 1974, the Board of Trustees had requested that the County Commissioners transfer $1,000 from either Salaries & Wages, Account ~~11 625 02, or Capital Outlay-Land, Account ~~11 625 71, to Capital Outlay-Buildings, Account ~{11 625 72, to provide for additional display areas. County Manager E11er recom- mended that the transfer be made from Account ~~11 625 71, Capital Outlay-Land. Comm. Davis moved that this request be approved as requested by the Museum Board of Trustees. Motion died for lack of a second. Comm. Vaughan moved, seconded by Cotmn. Wright, that this request be denied because if the Board had wanted to approve additional display areas they would have done it during the budget session. - Comm. Hall offered the substitute motion, seconded by Comm. Davis, that the Board approve a transfer of $1,000 from Capital Outlay-Land, Account ~kll 625 71, to Capital Outlay-Buildings, Account ~~11 625 72, as recommended by the County Manager. Upon vote, substitute motion 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 this was merely feeding ineptitute at the Museum. REPORT OF COLLECTOR OF REVENUE THROUGH APRIL.30, 1974 Upon motion by Comm. Davis, seconded by Comm. Vaughan, the report of Janie B. Straughn, Collector or Revenue, for New Hanover County Tax Collections through April 30, 1974, was unanimously approved. This report is contained in Exhibit Book 2, Page 9. DEFERRAL OF LEASE AGREEMENT WITH SENCland COMMUNITY ACTION, INC.(See Page 646 for Addition.) At the meeting of May 6, 1974, the County Manager advised the Commissioners of the need to formalize the agreement between the County and the Neighborhood Youth Corps concerning the use of a portion of the old Community Hospital complex. The lease which he presented to the Commission designated SENCland Community Action, Inc., as lessor because the Neighborhood Youth Corps Program was an agency of SENCland Community Action, Inc. County Manager Eller reported that the lease agreement had been modeled after the agreement with the Employment Security Commission for use of the other wing of the building by the Rural Concentrated Employment Program and that the rental figure proposed was exactly the same. Chm. Powell moved, seconded.by Comm. Hall, that the lease agreement with SENCland Community Action, Inc., be approved incorporating a change in Section 8 as follows: "8. This lease is nontransferable and no portion of the property may be sublet or subleased for any purpose without written consent of the LESSOR." And, further, that the rental sublessees in existence at this time (Operation Headstart, Inc., and Zeta Rho Zeta Chapter of Zeta Phi Beta Sorority) be sanctioned by the County. Comm. Vaughan offered the substitute motion that the lease with SENCland Community Action, Inc., be approved with the following changes. Section 2- Rent be increased to $2,400 from $150. Section 3- to be changed to "LESSEE must make all necessary repairs and replacements including replacements arising by reason of wear and tear and must keep the building in first class condition." By common consent, it was agreed that each suggestion would be agreed upon separately. Chm. Powell withdrew his motion to approve the lease with the proposed change in Sec- tion 8. ~~~ MINUTES OF REGULAR MEETING, MAY 20, 1974 (CONTINUED) DEFERRAL OF LEASE AGREEMENT WITH SENCland COMMLTNITY ACTION, INC. (CONTINUED) Comm. Davis moved, seconded by Coumt. Vaughan, that this item be tabled pending additional data, specifically, copies of the budgets for both the Rural Concentrated Employment Program and SENCland Community Action, Inc., and statements of organization and purpose of the programs. Upon vote, motion carried unanimously. RENEWAL OF AGREEMENT BETWEEN THE COUNTY AND THE VOLUNTEER FIRE DEPARTMENTS County Manager Eller reported that the terms ot the contract entered into by the County with seven volunteer fire departments last year provided that the "contract may be renewed for successive twelve (12) month terms by notice in writing by New Hanover County to the Volunteer Fire Departments of the County`s wish for such renewal, which notice must be given at least thirty (30) days prior to the termination date." He stated that, if the Commissioners wished to continue the agreement, it would be necessary that the County notify the volunteer fire departments in writing. Upon motion by Comm. Davis, seconded by Comm. Hall, the Board unanimously agreed to notify the volunteer fire departments of the County's wish to renew the contracts. DISCUSSION OF LEASE AGREEMENT WITH K-9 SECURITY SERVICE, INC. County Manager Eller presented a proposed lease agreement with K-9 Security Ser- vice, Inc., prepared by County Attorney Fox to use a portion of the County property for the boarding and training of dogs. He stated that, if the Commissioners approved the terms of the lease, it would be necessary to advertise for upset bids prior to execution of the lease agreement. Mr. James Arthur Canady of K-9 Security Service, Inc., appeared before the Board to discuss the terms of the lease. Comm. Vaughan requested that he be allowed to abstain from voting, but this was not allowed inasmuch as there was no just cause for abstention. Comm. Hall moved, seconded by Chm. Powell, that the County execute the lease agree- ment subject to advertising for upset bids. Upon vote, motion carried unanimously. Comm. Vaughan stated that he did not understand the agreement, however, since he had not been permitted to abstain, he had accepted the County Manager's restrained endorsement. CONCURRENCE IN CONSTRUCTION OF TANGLE OAKS WASTEWATER TREATMENT FACILITY Messrs. J. R. Benson and Glenn A. Davis ot Henry von Oesen & Associates, Inc., appeared before the Board along with Mr. Everett Hale, the 1oca1 representative of Urban Development Corporation, to request written concurrence from the County in the construction of a 120,000 gallon per day tertiary type wastewater treatment plant with subsurface discharge for the Tangle Oaks Subdivision in that such concurrence was necessary in order for the developer to obtain State permits. Comm: Hall moved, seconded by Comm. Wright, that the County concur in the construction of the Tangle Oaks Wastewater Treatment Facility and that the County Manager be authorized to write a letter of concurrence. Upon vote, motion carried unanimously. Voting Aye: Comm. Davis, Ha11, Wright, and Chm. Powell. Voting Noe: Comm. Vaughan. Csee Page 646 for Additions.) DISCUSSION OF STAR-NEWS ARTICLE CONCERNING JOINT MEETING Comm. Wright moved, seconded by Gomm. Vaughan, that the Chairman be authorized to write r1r. James B. Wilson, Star-News Editor, expressing the Board's concern over the Star-News article which reported the joint meeting of May 14, 1974, between the Wilmington City Council and the Board of Commissioners in that the Board felt the article conveyed the wrong impression of the meeting. Upon vote, motion carried as follows: v, Voting Aye: Couun. Davis, Vaughan, Wright, and Chm. Powell. Voting Noe: Comm. Hall. Comm. Hall stated that he had voted "noe" on this motion because he felt this letter should be on individual exceptions rather than Board action. DISCUSSION OF JAIL CONSTRUCTION GRANT Comm. Wright stated that she was concerned about the $200,000 grant from the Law Enforcement Assistance Administration (LEAA) for the new jail. She stated that, even though they had been told that the construction of the jail could not be controlled by - LEAA, they might come back in the future with operating guidelines. Comm. Wright moved that the Board authorize Mr. Jerry Ramsey with the Lower Cape Fear Planning Unit to return these funds. Motion died for lack of a second. It was agreed by common consent that the Board would request a representative from the LEAA to be present at a Commission meeting to give official guidelines of what they would project that they would demand from the County in return for the use of the $200,000 grant. MINUTES FOR JOINT MEETING Comm. Wright requested that the C1erk to the Board prepare minutes for the special joint meeting held with the Wilmington City Council on Tuesday, May 14, 1974. This was agreed to by common consent. ~~~ MINUTES OF REGULAR MEETING, MAY 20, 1974 (CONTINUED) DISCUSSION OF HOSPITAL BOARD OF TRUSTEES MINUTES Comm. Wright questioned a couple of items in.the minutes of the Hospital Board of Trustees as follows: 1. She stated that the minutes referred to recommendations in the wage,and price structure, but that no copy of these recommendations had been attached to the minutes. Chm. Powell stated that there had been a number of recommendations including room rates and certain departments within the Hospital. 2. She questioned a statement in the minutes that the long-range planning committee had requested the architects to temporarily stop their planning for hospital expansion until a full picture could be obtained of the money that would be available. Chm. Powell stated that they had decided to wait until after the bond issue had been decided. On the bond issue, County Attorney Fox stated that, once the bond issue was passed, the Coum~issioners were not compelled to issue the bonds. Comm. Wright asked then that, if the Commissioners did issue the bonds, wouldn't they have to be spent for the hospital. County Attorney Fox stated that, if the objective of the bond issue for some reason had become unobtainable, then there was case law to the effect that the money could be spent for a different purpose provided it was done for a public purpose that was as closely allied to the original purpose as possible. APPOINTMENT OF L. L. DOSS TO REPRESENT COUNTY AT TRANSPORTATION PUBLIC MEETING Comm. Davis moved, seconded by Comm. Ha11, that the Chairman be authorized to contact Mr. L. L. Doss, Jr., and ask him to.represent New Hanover County at a public meeting to be held by the Board of Transportation relative to the update of the Seven-Year Highway Improvement Program and that the necessary expenses incurred by Mr. Doss be paid by the County. Upon vote, motion carried unanimously. DISCUSSION OF SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE Comm. Davis stated that it was his understanding that the Board of Commissioners would adjust the County's Sedimentation and Soil Erosion Control ordinance to the State law. Chm. Powell stated that it was his understanding that the State would send the County's ordinance back either approved or approved subject to certain changes and that the County's ordinance would have to be at least as stringent as the State's. Comm. Davis stated that was true but that it would have to be adjusted to the State ordinance. COUNTY P~IANAGER TO REPORT ON RADIOS IN SHERIFF'S DEPARTMENT Comm. Davis stated that the SheritY's Department was going to do away with their radios when the new system was installed and wanted to know if these could be donated to the volunteer fire departments. By common consent it was agreed that the County Manager would investigate the fea- sibility of the use of these radios and report back to the Board. COUNTY MANAGER TO REPORT ON COUNTY PROVIDING TRACTOR TO CUT FIRE LINES Comm. Davis requested that the County Manager look into the possibility of the County's getting a tractor to cut fire lines in fighting wood fires in conjunction with the City of Wilmington. By common consent, the County Manager was requested to investigate the feasibility of this recommendation. , COMM. VAUGHAN'S STATEMENT RE PRESS Comm. Vaughan stated that he had made some remarks earlier in the meeting that indicated that his opinion of the editorial news management of the Star News was at an extremely low level and wanted it understood that his remarks were not intended in any way to cast any reflections on Miss Sara Lindau (Star-News reporter assigned to cover the County Commission meetings), that he felt she was one of the ablest reporters in the community and doing a very good job. REPORT ON PROPOSED COURTHOUSE/JAIL FACILITY • Architects from the firm of Ballard, McKim & Sawyer/Hartman-Cox, Associated Architects, appeared before the Board to make a slide presentation on the proposed courthouse/jail facility. It was decided by common consent that the architects would meet with the Commissioners on Wednesday, June 5, 1974, at 9:30 AM. EXECUTIVE SESSION Comm. Davis moved, seconded by Comm. Wright, that the meeting be recessed to go into executive session. Upon vote, motion carried unanimously. Chm. Powell recessed the meeting to go into executive session at 5:05 PM. Chm. Powell recessed the executive session to go back into regular session at 5:15 PM ~~~ MINUTES OF REGULAR MEETING, MAY 20, 1974 (CONTINUED) DISCUSSION OF CAPE FEAR TECHNICAL INSTITUTE CONSTRUCTION (See Page 646 for Addition.J Comm. Vaughan suggested that the Board ask the Cape Fear Technical Institute personnel to investigate using the Wilmington Hotel building to see if it could take the place of the $3 million building that they proposed to construct. It was agreed by common consent to authorize the Chairman to initiate this investi- gation. CERTIFICATE OF CANVASS - HOSPITAL AND SCHOOL BOND I'SSUES ~ - The Clerk of the Board of Commissioners placed betore the Board a' Certificate of Canvass of the New Hanover County Board of Elections prepared in comiection with the Special Election held in New Hanover County on May 7th, 1974. The Certificate was read and considered. Chm. Powe11 moved the adoption of the following resolution: WI-IEREAS, the Board of Commissioners has considered the Certificate of Canvass of the County Board of Elections canvassing the referendum held in New Hanover County on May 7th, 1974 and certifying the result thereof to the Board of Commissioners, and has canvassed the result of said Special Election: NOW, THEREFORE, BE IT RESOLVED by the Board of Coa¢nissioners of the County of New Hanover that it be and hereby is certified and declared that the number of voters registered and quali- fied to vote at said Special Election was 36,781. FURTHER RESOLVED, that it be and hereby is certified and declared that the number of voters who voted "YES" in answer to the question, "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 pay- nent thereof, be approved?" was 6,627. The total number of voters who voted "NO" in answer to such question was 5,266. FURTHER RESOLVED, that it be and hereby is certified and declared that the number of voters who voted "YES" in answer to the question, "Shall the order authorizing $5,500,000 bonds secured by a pledge of the faith and credit of the County of New Hanover for the purpose of paying the capital costs of providing school facilities in New Hanover County, including the construction of a school building or buildings and the construction of additions to and the reconstruction, remodeling 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 schools in New Hanover County for the nine months school term prescribed by law and a tax to be levied for the payment thereof be approved?", was 7,258. The total number of voters who voted "NO" in answer to such question was 4,696. FURTHER RESOLVED, that a statement substantially in the form hereinafter set forth declaring the result of said election shall be prepared, delivered to the C1erk of the Board for filing and recordation and published in accordance with law. STATEMENT OF RESULT OF SPECIAL ELECTION HELD IN NEW HANOVER COUNTY MAY 7th, 1974 WHEREAS, by direction of the Board of Commissioners of New Hanover County, in the State of North Carolina, a special election was duly called and held in said County on May 7th, 1974, for the purpose of submitting to the qualified voters of said County the questions here- inafter set forth, and the said Board has received from the New Hanover County Board of Elections a certification of the result of the election, and has determined the result of said election to be as hereinafter stated: NOW, THEREFORE, The Board of Co~nissioners hereby makes the following statement of the result of said election pursuant to The Local Government Bond Act: (1) The number of voters registered and qualified to vote at said election was 36,781. (2) The total number of voters who voted "YES" in answer to the question "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 facili- ties and other health related facilities owned and operated by the Cbunty, 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?", was 6,627. The total number of voters who voted "NO" in answer to such question was 5,266. The question submitted was approved by the affirmative vote of a majority of those who voted thereon at said election. MINUTES OF REGULAR MEETING, MAY 20, 1974 (CONTINUED) CERTIFICATE OF CANVASS - HOSPITAL AND SCHOOL BOND ISSUES (CONTINUED) (3) The total number ot voters who voted "YES" in answer to the question "Shall the order authorizing $5,500,000 bonds se- cured by a pledge of the faith and credit of the County of Neca Hanover for the prupose of paying the capital costs of providing school facilities in New Hanover County, including the construction of a school building or buildings and the construction of additions to and the reconstruction, remodeling 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 schools in New Hanover County for the nine months school term prescribed by law and a tax to be levied for the payment thereof be ap- proved?", was 7,258. The total number of voters who voted "NO" in answer to such question was 4,696. The question sub- mitted was approved by the affirmative vote of a majority of those who voted thereon at said election. Any action or proceeding challenging the regularity or validity of this bond referendum must be begun within 30 days after May 25, 1974 . (date ot publication) Board of Commissioners of New Hanover County, North Carolina Comm. Hall seconded the motion, and the motion was adopted. Those voting for the motion were Messrs. Davis, Hall, Powe11, Vaughan and Mrs. Wright. No one voted against it. DISCUSSION OF HOSPITAL CONSTRUCTION Comm. Vaughan stated that he would like for the Chairman to be authorized to ca11 and talk extensively over the phone to the proper persons at the Duke Hospital Research Organi- zation to determine if there would be any benefit to the County in building a second hospital instead of adding on to the present hospital. By common consent, Comm. Vaughan was authorized to make this phone call. ADJOURNMENT Comm, Wright moved, seconded by Comm. Hall, that the meeting be adjourned vote, motion carried unanimously. Chm. Powell adjourned the meeting at 5:30 PM. Respectfully submitted, ~~~ ~ ~~.r, q Lise K. King 0 Clerk to the Board k MINUTES OF SPECIAL MEETING, MAY 31, 1974 Upon ASSEMBLY The New Hanover County Board of Commissioners met in special session on Friday, May 31, 1974, at 9:00 AM in the Assembly Room, County Commission Building, Wilmington, North Carolina, to nominate persons for the Coastal Resources Commission and to set the date for the public hearing on the New Hanover County Budget for fiscal year 1974-1975. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; Vivian S. Wright; Chairman W. Douglas Powell; County Manager, Dan W. E11er; and Clerk to the Board, Lise K. King. Chm. Powell called the meeting to order. DISCUSSION OF COASTAL RESOURCES COMMISSION NOMINEES Chm. Powell stated that Messrs. Lloyd Kusler and Barry Grimm were present to make a recommendation for a nominee for the Coastal Resources Commission, and that he had no objections to this and asked if it would be agreeable to the other Commissioners. Comm. Wright stated that this was not agreeable to her, chosen at the meeting of May 20 which were to be sent off at Chairman had not found anything objectional about them; and names of Peter R. Davis, Eddie Haneman, Phillip Hill and Jim Commissioners' nominees in accordance with their decision of of a second. that four names had been the end of the week if the ;omm. Wright moved that the Parnell be sent off as the May 20. Motion died for lack Chm. Powell stated that it was his understanding that the names discussed on May 20 would be allowed to stand for three days in case any of the Commissioners had objections.