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HomeMy WebLinkAbout1974-06-03 Regular Meeting64 ~ MINUTES OF REGULAR MEETING, JUNE 3, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, June 3, 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 Manager, Dan W. Eller; Mr. Joseph 0. Taylor, Jr., Attorney at Law, representing Mr. James C. Fox, County Attorney; and Clerk to the Board, Lise K. King. Chm. Powe11 called the meeting to order. Rev. William Millholland offered the invocation. RESOLUTION OF APPRECIATION TO MR. .TAMES W. DAVIS The following resolution, which had been signed by all of the Commissioners and placed in an appropriate frame, was presented to Mr. James W. Davis. WHEREAS, James W. Davis came to New Hanover County as Executive Director of the North Carolina State Ports Authority in 1962 and brought with him character and expertise acquired over nearly 25 years of service in similar responsible positions, and WHEREAS, James W. Davis did devote himself wholeheartedly and sincerely to the development of the State Ports at Wilmington, Morehead City, and Southport, and WHEREAS, his efforts in the development of the above Ports resulted in the quadrupling of the value of these holdings to the sum of about $70,000,000, and WY.EREAS, under his direction, the cargoes coming into the Port of Wilmington increased almost sixfold, and WHEREAS, James W. Davis, along with others, worked unceasingly for the betterment of the Cape Fear River Harbor, NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that James W. Davis be given the thanks of this Board on behalf of the people of New Hanover County for his integrity, high purpose of citizenship, strength of character, and pro- gressiveness•in the best interest of this Community and this State and Nation, and be it known that we wish him well in his new endeavors. Done this 3rd day of June, 1974, in Wilmington, New Hanover County, North Carolina. DISCUSSION OF COMM. HALL'S LEGALITY ON BOARD Comm. Wright moved that the Board request a formal opinion from the Attorney General on the legality of Comm. Ha11's remaining on the New Hanover County Board of Commissioners and that no action be taken until that opinion had been received. Motion died for lack of a second. Comm. Ha11 moved that the meeting be adjourned. Motion died for lack of a second. Chm. Powell stated that the County Attorney had expressed the opinion that Comm. Hall was a legal resident of New Hanover County and, thus, legally serving on the Board of Commissioners. Comm. Vaughan moved, seconded by Comm. Wright, that the meeting be recessed until another legal opinion from the State Attorney General could be obtained as to whether Comm. Hall was eligible for seating on the Board of Commissioners. Upon vote, motion was defeated as follows: Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm. Davis, Hall and Chm. Powell. APPROVAL OF MINUTES: SPECIAL MEETING, MAY 14, 1974 Comm. Wright requested that on Page 631 under 'Discussion of Takation and Jointly Funded Projects" that a formal vote be taken on the motion which had been made by her and seconded by Comm. Vaughan. Attorney Taylor stated that, in that a vote had not been taken at that time, the motion should be restated. Comm. Wright moved, seconded by Comm. Vaughan, that the Board of Commissioners reject the idea of hiring someone to do the job because she stated she felt this was the elected officials' job. Upon vote, motion carried unanimously. Comm. Vaughan stated for the record that, while he felt this action was appropriate and legally required, the action had been approved by common consent by the Commissioners at that time. Comm. Vaughan requested that on Page 632 under Report on Parks and Recreation the minutes elaborate on the plans for parks and recreation as stated by the County Manager. These plans had been stated as follows: County Manager Eller reported that he had been working with representatives from the Schools and the City of Wilmington Parks and Recrea- tion Department on developing plans for recreational areas for three school sites. Upon motion by Comm. Davis, seconded by Comm. Wright, the minutes for the special meeting held on May 14, 1974, were unanimously approved as amended. N 1 l ~ ,j MINUTES OF REGULAR MEETING, JUNE 3, 1974 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, MAY 20, 1974 . Comm. Vaughan requested that on Page 634 under "Discussion of Judge Tillery's Letter Dated April 5, 1974" his motion be reworded to make it clearer. This motion should have been as follows: 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 which referred to a letter from Mr. Pat Sholar, Foreman of the Grand Jury, but that ~ the Board had never received Mr. Sholar's letter and their curiosity had been stirred and they wondered if Judge Tillery would send them a copy of Mr. Sholar's letter. Upon vote, motion carried unanimously. •Comm. Vaughan requested that on Page 636 under "Deferral of Lease Agreement with SENCland Community Action, Inc." his statement that this building had been used as head- quarters for a candidate in the political campaign for the U. S. House of Representatives be added to the record. (See Page 654 for Addition. ) Comm. Vaughan requested that on Page 637 under "Concurrettce in Construction of Tangle Oaks Wastewater Treatment Facility" that the record include his statement that he had voted against allowing this development to go in and that the Board was making a terrible mistake in allowing high density development all up and down the Sound. Comm. Vaughan requested that on Page 639 under "Discussion of Cape Fear Technical Institute Construction" the record include his statement that he considered this a matter of urgency and would like it prosecuted as soon as possible. Comm. Wright requested that on Page 637 under "Concurrence in Construction of Tangle Oaks Wastewater Treatment Facility" that the record show that she also had voted against this development going in but had voted her concurrence in the construction of the waste- water treatment facility because she felt this was the best way to handle the sewage problem since the development was going in. Upon motion by Comm. Davis, seconded by Comm. Wright, the minutes of the regular meeting held on May 20, 1974, were unanimously approved as corrected and amended. REFUSE DISPOSAL RATE County Manager Eller reported that on May 24, 1974, representatives of the City of Wilmington and Kure Beach had met with Comm. Davis, representatives of Waste Industries, and himself to negotiate the rate to be charged for refuse disposal during the coming fiscal year. He stated that the following had been agreed upon at that meeting. 1. The present rate of 70F per cubic yard continue to be charged until the transfer station had been installed in the southern part of the County at which time the rate would increase to 75C per cubic yard. 2. That Waste Industries would be permitted to close the landfill on Sundays and at 1:00 PM on Saturdays. 3. That the financial records of Waste Industries would be reviewed in November of 1974 and, if necessary, recommendations would be made to adjust the rate being charged. 4. That, if a request for rate adjustment was made in November of 1974 and no decision was reached by November 30, 1974, the rate would automatically be ad;justed to 80C per cubic yard effective January 1, 1975. Mr. Jim Perry of Waste Industries appeared before the Board to discuss these recom- mendations with the Commissioners. Mr. Chris McKeithan of Trash Disposal, to the rate being charged and also to object the pick-up business. Inc., appeared before the Board to object to the fact that Waste Industries was in Mr. Perry of Waste Industries stated that, in order not to lose money on the trans- fer station, the pick-up business had to be maintained and that these were two entirely separate operations and the container truck paid the same rate to Waste Industries of New Hanover County as the other haulers. It was agreed by common consent that the County Manager would conduct a survey of appropriate counties to determine the difference in the rates being charged to com- mercial haulers. Comm. Hall recommended that the North Carolina Association of County Commissioners might be able to furnish this information with regard to rates and other county subsidies. Comm. Davis moved, seconded by Comm. Vaughan, that the four points agreed upon at the committee meeting of May 24, 1974, be approved with the provision that the rate be increased to 75~ on August 1, 1974, if the transfer station had not been installed by that date. Upon vote, motion carried unanimously. Comm. Vaughan commended Comm. Davis on the work that he had contributed to the refuse disposal problem in New Hanover County. MINUTES OF REGULAR MEETING, JUNE 3, 1974 (CONTINUED) PUBLIC HEARING The Clerk to the Board reported to the Board of Commissioners that notice of a public hearing to be held on Monday, June 3, 1974, at 9:30 AM with regard to the following rezoning requests, application for special use permit, and proposed amend- ments to the New Hanover County Zoning Ordinance had been published in the Wilmington Morning Star on May 19 and 26, 1974. Chm. Powell opened the public hearing to discussion. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF NORTa x~kx AV~NUE APPROXIMATELY 500 FEET SOUTH OF THE INTERSECTION OF NORTH KERR AVENUE AND ACORN BRANCH FROM R-15 (SINGLE FAMILY lli51'Ri~'i'j rU 1-1 ~11VllUSTRIAL L1J1nICT~ IN ZONING AREA ~p9A. Planning Director Richard A. Fender.stated that the Planning Commission had heard this request at their meeting of May 1, 1974, and had recommended that this request be approved. Mr. David C. Barefoot, Attorney at Law, appeared before the Board representing the Petitioner. Chm. Powell asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Comm. Wright moved, seconded by Comm. Ha11, that this request be approved and that the Board adopt an ordinance entitled An Ordinance of the County of New Hanover Amending the Zoning Nap of Zoning Area ~~9A of New Hanover County, North Carolina, Adopted July 1, 1972." Upon vote, motion carried unanimously. This ordinance, signed by the Commissioners, is contained in Zoning Ordinance Book I, Section 9A, Page 10 . PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY LOCATED BETWEEN MARKET STREET (U.S. HWY. 17) AND MILITARY CUT-OFF ROAD APPROXIMATELY i,4UU rnni' ~VUin ~r ldr. INTERSECTION OF MARKET STREET AND MILITARY CUT-ORF ROAD FROM R-15 (SINGLE FAMILY DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA ~p6. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of May 1, 1974, and had recommended that this request be approved. Mr. Fender stated that the Planning Staff had recommended that this request be denied based on the thoroughfare calling for an interchange in that approximate area and, also, based on the fact that there was considerable vacant land already zoned commercially to accomodate commercial needs in that area. Mr. Julien K. Taylor, Realtor, appeared before the Board representing the Petitioner. Comm. Vaughan moved that this request be denied as recommended by the Planning Staff. Motion died for lack of a second. Comm. Davis moved, seconded by Comm. Wright, that this request be approved as recommended by the Planning Commission. Upon vote, motion was defeated as follows: Voting Aye: Comm. Davis and Wright. Voting Noe: Comm. Hall, Vaughan and Chm. Powell. Comm. Wright requested Attorney Taylor to contact the Attorney General for a ruling on the legality of this vote inasmuch as it was a split vote and Co~n. Ha11 had made the deciding vote. Planning Director Fender informed Mr. Taylor that he could either resubmit the petition after a period of six months or, if he felt anything illegal had been done, he had recourse through the courts. Comm. Vaughan requested that the record include Planning Director Fender's remark that the County was over-zoned commercially by approximately 350-400 percent based on anticipated use. Comm. Davis requested a copy of the study done by the Planning Depart- ment on which this remark was based, and Mr. Fender stated that he would furnish Comm. Davis a copy of the study. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY LOCATED BETGIEEN 23RD STREET AND CASTLE HAYNE ROAD (U. 5. AWY. 117) APPROXIMATELY 480 FEET SOUTH OF THE INTERSECTION OF 23RD STREET AND CASTLE HAYNE ROAD FROM R-15 (SINGLE FAMILY DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA ~p9A. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of May 1, 1974, and had recommended that this request be approved. He stated that the Planning Staff concurred in this recommendation. Mr. Forrest Hedden, Realtor, appeared before the Board representing the Petitioner. Chm. Powe11 asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Comm. Davis moved, seconded by Comm. Hall, that this rezoning request be approved ~~ and that an ordinance be adopted entitled An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area ~~9A of New Hanover County, North Carolina, Adopted July 1, 1972. Upon vote, motion carried unanimously. This ordinance, signed by the Co~issioners', is contained in Zoning Ordinance Book I, Section 9A, Page 11 . MINUTES OF REGULAR MEETING, JUNE 3, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON '1H~ NUK'1'H Slll~ OF TRAILS END ROAD APPROXIMATELY 1,800 FEET FROM THE INTERSECTION OF MASONBORO LOOP ROAD AND TRAILS END ROAD FOR A HOME OCCUPATION (BEAUTY SHOP) IN THE MASONBORO ZONING AREA. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of May 1, 1974, and had recommended that this request be approved based on the plans as submitted with the application for special use permit. He stated that the Planning Staff concurred in this recommendation. Planning Director Fender submitted a petition signed by residents of the neighborhood stating that they did not oppose this special use permit. This petition is contained in Exhibit Book 2, Page 11. Mrs. Elwood Melvin Lee, Jr., the Petitioner, appeared before the Board. Chm. Powell asked if there were anyone present to oppose the issuance of this Special Use Permit, and no one spoke in opposition. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met a11 required conditions and specifications; (c) that the use would not sub- stantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Hall moved,.seconded by Comm. Wright, that this Special Use Permit be approved based on the same condition as recommended by the Planning Commission. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE. Chm. Powell asked if there were anyone present with regard to the proposed amendments to the New Hanover County Zoning'Ordinance, and no one spoke on this matter. Comm. Davis moved, seconded by Chm. Powell, that the public hearing be recessed until June 17, 1974 at 9:30 AM in order to give the Commissioners an opportunity to study the proposed amendments to the Zoning Ordinance. Upon vote, motion carried unanimously. Chm. Powell recessed the public hearing untii June 17, 1974, at 9:30 AM. DISCUSSION OF LAW ENFORCEMENT ASSTSTANCE ADMINISTRATION GRANT (LEAA) FOR JAIL At the May 20, 1974, meeting, the County Manager had been directed to invite a repre- sentative of LEAA to meet with the Commissioners and explain what requirements would be placed on the County as a result of acceptance of the $200,000 grant for the construction of the proposed jail. Mr. W. R. Herrlein, Chief Regional Analyst of the Division of Law and Order, and Mr. Jerry Ramsey, Planning Director of the Lower Cape Fear Planning Unit, appeared before the Board to discuss this with the Commissioners. Comm. Wright stated that her concern was that the LEAA would come back at a later date with operating guidelines for the proposed jail. Mr. Herrlein stated that they were concerned purely with the construction aspects of the proposed jail.to make sure that the funds were utilized for the purpose that they had been intended. County Manager E11er stated that it was his opinion that the County would be under Davis-Bacon guidelines because Revenue Sharing Funds were being used for the project. No action was taken by the Board. RESOLUTION APPROVING GRANT APPLICATION TO LAW ENFORCEMENT ASSISTANCE ADMINISTRATION FOR CONTINUATION OF FUNDING FOR STAFFING AT THE JUVENILE SERVICES CENTER WHEREAS, the New Hanover County Board oY Commissioners herein called the "Applicant" has thoroughly considered the problem addressed in the subgrant application entitled , Specialist Staffing and has reviewed the project described in the application; and WHEREAS, under the terms of Public Law 90-351 as amended, the United States of America has authorized the Law Enforcement Assistance Administration, through the North Carolina Division of Law and Order, to make federal grants to assist local govern- ments in the improvement of the criminal justice system, NOW THEREFORE BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS IN OPEN MEETING ASSEMBLED IN THE CITY OF WILMINGTON, NORTH CAROLINA, THIS 3RD DAY OF JUNE, 1974, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Applicant and the general public. 2. That Dan W. Eller be authorized to file, in behalf of the Applicant, an appli- cation in the form prescribed by the Division of Law and Order for a subgrant in the amount of $65,112.83 to be made to the Applicant to assist in defraying the cost of the project described in the application. This individual shall act as the authorized representative of the Applicant in connection with all aspects of the application process. MINUTES OF REGULAR MEETING, JUNE 3, 1974 (CONTINUED) RESOLUTION APPROVING GRANT APPLICATION TO LAW ENFORCEMENT ASSISTANCE ADMINISTRATION FOR CONTINUATION OF FUNDING FOR STAFFING AT JUVENILE SERVICES CENTER (CONTINUED) 3. That it the subgrant is maae, tne App icant shall provi e or ma e arrange- ments to provide, a local cash matching contribution in the.amount of $18,278.25 and a local in-kind matching contribution valued under LEAA guidelines at -0- as required by the Act to defray the cost of the project. 4. That the Project Director designated in the application form shall furnish or make arrangements for other appropriate persons to furnish such information, data, documents and reports pertaining to the project, if approved, as may be required by the Division of Law and Order. 5. That certified copies of this resolution be included as part of the application referenced above. 6. That this resolution sha11 take effect immediately upon its adoption. DONE AND ORDERED in open meeting. Comm. Vaughan moved, seconded by Chm. Powe11, that the foregoing resolution be adopted. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Ha11, Vaughan, and Chm. Powell. Voting Noe: Comm. Wright. DEFERRAL OF GRANT AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR GRANT IN THE MAXIMUM AMOUNT OF $31,925 FOR THE AIRPORT ' County Manager Eller reported that the County had been offered a State grant to be used for land acquisition in clear zones and safety areas, perimeter fencing, taxiway lighting, Lighted wind cones, clearing, and for a quick response fire truck. He stated that he and Airport Manager Westbrook requested that the Commissioners approve the grant agreement and authorize the Airport Chairman to execute it on behalf of the County. Copies of a resolution granting this agreement had been prepared by the County Attorney and submitted to the Commissioners. Comm. Vaughan moved, seconded by Comm. Hall, that the resolution be adopted. Comm. Wright questioned the Special Provisions in the Contract Agreement. Comm. Davis moved, seconded by Comm. Vaughan, that this item be tabled until the Airport Manager or some other member of the Airport Commission could be present to explain the Special Provisions. Upon vote, tabling motion was approved as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Voting Noe: Comm. Ha11. TRANSFER OF FUNDS - AIRPORT Upon motion by Comm. Hall, seconded by Comm. Wright, a transfer of $250 from Travel, Account ~k31 650 14, to Telephone and Postage, Account ~~31 650 11, was unanimously approved by the Board as requested by Airport Manager John A. Westbrook. DENIAL OF BEEF FOR FATHER'S DAY RESOLUTION A request had been received trom Mrs. Elizabeth Munson of the North Carolina Cowbelle Association that the Board adopt a resolution declaring Father's Day, Beef Day. Comm. Hall moved, seconded by Comm. Wright, that this item be deleted. Upon vote, motion carried unanimously. TRANSFER OF FUNDS - AGRICULTURE EXTENSION OFFICE Upon motion by Comm. Wright, seconded by Comm: Hall, a transfer of $100 from Utilities, Account ~kll 615 13, to Telephone and Postage, Account ~~11 615 11, in the Agriculture Extension Office budget was unanimously approved by the Board. DISCUSSION OF CABLE TELEVISION FRANCHISE County Manager E11er reported that the Cable Television Company had contacted him requesting a franchise for the County and that he and County Attorney Fox would be preparing an agreement to present to the Commissioners which would contain a number of provisions that they could leave in or take out. SURPLUS RADIOS FOR VOLUNTEER FIRE DEPARTMENTS At the meeting of May 20, 1974, Comm. Davis had requested that the County Manager investigate the possibility of donating to the volunteer fire departments the surplus radios which would be available in the Sheriff's Department after the installation of the proposed new communications system. County Manager Eller reported that he had discussed this with the Sheriff and proposed that, after final specifications were developed for the new system, a determination be made as to exactly which equipment would be surplus, and that any of this equipment needed by other County Departments would be placed in the proper Department and any additional equipment which could be used by the fire departments be made available to them if legally possible. Comm. Davis recommended that they be rented to the volunteer fire departments for $1.00 per year. Coumi. Ha11 asked that by common consent the County Manager be requested to contact the volunteer fire departments to see if they would want the radios if they could be made available to them. This was agreed to by common consent. 649 ~~~ MINUTES OF REGULAR MEETING, JUNE 3, 1974 (CONTINUED) TABLING OF REQUEST TO PURCHASE THROUGH THE STATE PURCHASE AND CONTRACT DIVISION County Manager E11er requested that the Board approve an agreement to purchase through the State Purchase and Contract Division as he felt this would result in a. savings to the County. He stated that this would limit the County to purchasing avail- able items through the State from an authorized vendor. Comm. Vaughan moved, seconded by Comm. Davis, that this item be tabled and that, in the interim year, the County Manager investigate the potential savings to the County. Upon vote, motion carried unanimously. TRANSFER OF FUNDS - JAIL County Manager E11er reported that the compressor that was part of the cooling system for the food locker in the jail had burned out and could not be replaced and that he had authorized Chief Jailer Joe Johnson to purchase a new compressor in that there were insufficient funds in the proper account to purchase it. County Manager Eller requested the Commissioners to transfer the sum of $339 from Salaries and Wages, Account ~~11 520 02, to Capital Outlay-Equipment, Account ~~11 520 74, in the Jail budget to pay for the compressor and to ratify his action on this emergency purchase. Co~. Ha11 moved, seconded by Chm. Powell, that this request be approved. Upon vote, motion carried unanimously. BUDGET HEARINGS By common consent, it was agreed that County Manager Eiler would work up a schedule for the budget hearings and submit this to the Commissioners. RELOCATION OF ENTRANCES IN HUGH McRAE PARK County Manager Eller presented a proposal for relocation of the entrances to Hugh McRae Park. A copy of this proposal is contained in Exhibit Book 2, Page 12. Comm. Vaughan moved, seconded by Chm. Powell, that the plan as presented by County Manager Eller be accepted; that the Commission consider restricting through-traffic in the Park if this proved to be a problem,; that the County Manager come back to the Board with exactly what trees would have to be cut down for final approval before the plan was formalized. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Vaughan, and Chm. Powell. ' Voting Noe: Comm. Wright. Comm. Wright stated that she was voting "noe" for this motion because she liked to ride through the Park and did not want through-traffic restricted. RESOLUTION - BICENTENNIAL COMMISSION RESOLVED., the previously established WILMINGTON-NEW HANOVER COUNTY AMERICAN REVO- LUTION BICENTENNIAL ASSOCIATION wi11 act as the planning and coordinating group for a11 activities involving and incident to the American Revolution Bicentennial Commemoration; and ' RESOLVED, that this Board gratefully acknowledges the selection of New Hanover County as a Bicentennial Community provided in Public Law 93-179 93rd Congress, H.R.-7446 December 11, 1973 Section 1; and RESOLVED, that the WILMINGTON-NEW HANOVER AMERICAN REVOLUTION BICENTENNIAL ASSOCIATION be established as a non-profit organization with authority to solicit funds to be used for the furtherance of and incident to those sanctioned Bicentennial Community projects. Upon motion by Comm. Vaughan, seconded by Co~. Hall, the foregoing resolution was unanimously adopted. TRANSFER OF FUNDS - SOCIAL SERVICES County Manager Eller reported that the contract for paving and lot at the Department of Social Services had been awarded on a unit completion of the work, it had heen determined that the actual cost contract by $1,665 due to the actual amounts of fi11 material, marl having exceeded the original estimate. He stated that the work had was satisfactory and recommended that the sum of $1,665 be transfer Wages, Account ~pll 610 02, to Capital Outlay-Buildings, Account ~~11 Services budget. fencing of the parking cost basis. Upon exceeded the original base, and paving been completed and red from Salaries and 610 72, in the Social Comm. Vaughan moved, seconded by Comm. Hall., that this transfer of funds be approved subject to Attorney Taylor's reviewing the contract with regard to the legality of this action. Upon vote, motion carried as~.follows:. Voting Aye: Comm. Davis, Hall, Vaughan and Chm. Powell. Voting Noe: Comm. Wright. Comm. Wright stated that she felt this was evidence of where the Commissioners needed to put more attention to appointed boards because the Board of Social Services had not known that this contract was on a unit cost basis. ~~~. MINUTES OF REGULAR MEETING, JUNE 3, 1974 (CONTINUED) BUDGET AMENDMENT -_SOCIAL.~SERVIGES Miss Lela Moore Ha11, Director of the Department of Social Services, had advised that an additional $2,545 would be received during fiscal year 1973-1974 for the Family Planning Program. County Manager Eller recommended that the budget be amended by appropriating $2,545 to the revenue item, Family Planning Federal Grant, Account ~~11 368 10, and by appro- priating this same amount to the expenditure item, Family Planning, Account ~~11 610 60, in the Social Services budget. Upon motion by Comm. Vaughan, seconded by Comm. Davis, this budget amendment was unanimously approved by the Board as recommended by County Manager Eller. APPROVAL OF PLANNING ADVANCE AGREEMENT FOR WATER AND SEWER PLANS County Manager Eller reported that the County's application for a planning advance for $43,425 for the development of a county-wide sewer plan and $18,625 for a county- wide water plan had been approved. He stated that, in order to receive the funds, it would be necessary for the County to execute a Planning Advance Agreement for each ad- vance. He recommended that the agreements be executed by the Chairman and that the County Manager be authorized to request 50% of the amounts approved so that the consulting engineers could proceed. Upon motion by Comm. Vaughan, seconded by Comm. Davis, the Board unanimously authorized the Chairman to execute the agreements and the County Manager to request 50% of the amounts approved. SALE OF COUNTY PROPERTY Tax Administrator Larry J. Powell reported that he had received an offer to purchase Block 6, Lots 1 through 10, of Patilanda Subdivision, Patilanda Road, for $850. He stated that, according to his records., the County had purchased this property from Mr. & Mrs. Kenneth E. Eaton on October 1, 1970, for $850. He requested permission to advertise the property for sale in accordance with the Policy for Disposal of County Real Estate. Upon motion by Comm. Vaughan, seconded by Comm. Davis, Tax Administrator Powell was unanimously authorized to advertise this property for sale as requested. SALE OF CITY AND COUNTY PROPERTY Tax Administrator Larry J. Powe11 reported that he had received an offer to purchase property at 207 Kidder Street for $700. Ae stated that the property had been acquired on October 23, 1973, through a tax foreclosure sale for a total cost of $2,442.15. He stated that the City of Wilmington owned 67.9% interest and that the County owned 32.1% interest in the property and requested permission to advertise this property for sale in accordance with the Policy for Disposal of County Real Estate. Comm. Davis moved, seconded by Comm. Vaughan, that Tax Administrator Powell be authorized to advertise this property for sale as requested subject to his physical visitation of the property and approval of its being so1d. Upon vote, motion carried unanimously. ABATEMENTS AND REFUNDS Upon motion by Comm. Davis, seconded by Comm. Hall, the requests for abatements and refunds contained in Tax Administrator Larry J. Powell's memorandum dated May 28, 1974, were unanimously approved by the Board. This memorandum is contained in Exhibit Book 2, Page 13. TRANSFER OF FUNDS - TAX DEPARTMENT Upon motion by Comm. Davis, seconded by Co~. Vaughan, a transfer of funds in the amount of $500 from Automobile Allowance, Account ~~11 450 10, to Tax Refunds, Account ~~11 450 60, in the Tax Department budget was unanimously approved. DISCUSSION OF COLE-LAYER-TRUMBLE COMPANY Chm. Powell asked Tax Administrator Larry J. Powell how the contract with Cole- Layer-Trumble was progressing. Tax Administrator Powell reported that the reevaluation program was progressing satisfactorily but that they were still having problems with the tax mapping. By common consent, County Manager Eller was asked to contact Cole-Layer-Trumble in an effort to correct the problems with the tax mapping and to remind Mr. Fine that he had promised to issue monthly progress reports. APPROVAL OF FINAL SUBDIVISION PLAT - BRADLEY HILLS SUBDIVISION Mr. Terry L. Harlacher, Statt Planner, appeared betore the Board and presented the final subdivision plat for Bradley Hills Subdivision. He stated that this had been reviewed and approved by the Planning Commission. Upon motion by Comm. Vaughan, seconded by Comm. Hall, this plat was unanimously approved and the Chairman was authorized to sign it. APPROVAL OF FINAL SUBDIVISION PLAT - GLYNNWOOD II, SECTION 3 Mr. Terry L. Harlacher, Statt Planner, appeared betore the Board and presented the final plat for Glynnwood II Subdivision, Section 3. He stated that this had been reviewed and approved by the Planning Commission. Upon motion by Comm. Davis, seconded by Comm. Hall, this plat was unanimously approved and the Chairman was authorized to sign it. • , ~eJ ~ MINUTES OF REGULAR MEETING, JUNE 3, 1974 (CONTINUED) APPROVAL OF FINAL SUBDIVISION PLAT - QUEEN' Mr. Terry L. Harlacher, StaYf Ylanner, plat for Queen's Point Subdivision, Section and approved by the Planning Commission. Upon motion by Comm. Hall, seconded by approved and the Chairman was authorized to i POINT, SECTION 5 appeared before the Board to present the final 5. He stated that this had been reviewed Comm. Wright, this plat was unanimously sign it. ROAD PETITION - McQUILLAN DRIVE IN HILLSIDE SUBDIVISION The Clerk to the Board reported to the Board of Co~issioners that the Department of Transportation Highway Division, the County Engineer, and the Planning Department concurred that McQuillan Drive in Hillside Subdivision met requirements for addition to the State System and requested that the Commission adopt a resolution requesting that this road be added. Upon motion by Comm. Vaughan, seconded by Comm. Davis, the Board unanimously adopted a resolution requesting the State to accept McQuillan Drive to the State's Secondary Road System and take it over for maintenance. REQUEST OF PLUMBERS FOR PLUMBERS ADVISORY BOARD Mr. Jack Corbett, Master Plumber, appeared before the Board to request that the Com- mission appoint a Plumbers Advisory Board to act as an arbitration board between the Plumbing Inspector and the plumbers. Comm. Vaughan moved, seconded by Comm. Davis, that the Board instruct its Manager to prepare a suitable resolution for the proposed master plumber advisory group, which would cover selection of individuals, for the consideration of the Board at its next meeting. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Vaughan and Chm. Powell. Voting Noe: Comm. Wright. Comm. Wright stated that she did not care for this idea because the plumbers had an association already and, if they had a problem, they could meet as an association or appoint themselves a committee to try to follow up on it and that she did not think the Commissioners needed to get into it. LUNCH RECESS Chm. Powell recessed the meeting for lunch from 12:50 to 1:50 PM. PRESERVATION OF RESIDENTIAL NEIGHBORHOODS Comm. Davis moved, seconded by Comm. Vaughan, that the Board request the Planning Department to undertake a study of neighborhoods that had not deteriorated past the point of no return that should be preserved as residential in nature and, upon this study, these neighborhoods would be strengthened through a statement of zoning purpose by the Commissioners. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Ha11, Vaughan and Chm. Powell. Voting Noe: Comm. Wright. Comm. Wright stated that she was voting "noe" on this motion because she thought the study would cost a great deal of money and would sit on the shelf and not do any- more good than what the Commissioners had already. PRESENTATION OF MODULAR SCHOOL CONSTRUCTION Dr. J. T. Pierce of the State of North Carolina Division of School Planning met with the Commissioners to discuss alternative methods of school construction. A slide presentation was made. No action was taken by the Board. .(See Page 655 for Additions.) COMM. VAUGHAN'S STATEMENT RE COASTAL RESOURCES COMMISSION NOMINEES Comm. Vaughan stated that he was seriously disappointed that the four names discussed at the meeting of May 20 with regard to the Coastal Resources Commission had not been sub- mitted to the Governor when it was agreed that they would be submitted and that, subsequently, the Board had come up with three names that were entirely different. (Comm. Vaughan was absent from the meeting of May 31 when the names were voted upon.) HOLDING OF MENTALLY ILL PATIENTS BEFORE ADMISSION TO CHERRY HOSPITAL Chm. Powell stated that, with regard to the problem that the Sheriff had been having with the holding of indigent mentally ill persons prior to commitment papers being.signed, he would recommend that a committee be formed composed of the New Hanover Memorial Hospital Administrator, the County Manager, someone from Cherry Hospital in Goldsboro, someone from the Mental Health Center, and the Sheriff or his designated representative so that the Commissioners could get input from all sides to see if they could come up with a workable solution to the problem. Comm. Vaughan moved, seconded by Comm. Hall, that Chm. Powell's recommendation be accepted and that New Hanover Memorial Hospital be notified that the County Commissioners beliede the most pratical method for handling interim mentally unhealthy patients was for the Hospital to hold them. Upon vote, motion carried unanimously. .. ~~~ MINUTES OF REGULAR MEETING, JUNE 3, 1974 (CONTINUED) ~ DISCUSSION OF USE OF COUNTY ATTORNEY Comm. Vaughan stated that he may be using County Attorney Fox's services in con- nection with the eligibility of one member of the Board of Commissioners and, if there were any question on the part of the Board members as to the expenditure of necessary funds and time involved, he felt they should bring it up at that time. He stated that ' it was his understanding that the Board had requested Attorney Taylor, County Attorney Fox's representative, to get an opinion from the Attorney General as to the eligibility of one Commissioner for service on the Board. Comm. Hall stated that his intent was to remain a citizen of New Hanover County until such time as he had finished his job there in the near future. He stated that he wanted to determine from the Attorney General what he should do to cement this intent and give it substance. Comm. Vaughan requested that the record show that no definition was given of the "near future." EXECUTIVE SESSION (See Page 654 for Addition.) Comm. Wright moved, seconded by Chm. Powell, that the meeting be recessed to go into executive session. Upon vote, motion carried unanimously. Chm. Powell recessed the regular meeting to go into executive session at 4:15 PM. Chm. Powell recessed the executive session to go into regular session at 4:40 PM. APPROVAL OF CHANGE ORDER - LEGION STADIUM RENOVATION County Manager Eller presented a change order for the electrical contract for the Legion Stadium renovation to be paid after .Tuly 1, 1974. He stated that this would increase the electrical contract by $4,760 and would bring to a total of $83,000 the amount of funds committed out of fiscal year 1974-1975's appropriation of $100,000. Coc~¢n. Davis moved, seconded by Chm. Powe11, that this change order be approved. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Wright and Chm. Powe11. Voting Noe: Comm. Vaughan. SETTING OF JOINT BUDGET MEETING WITH WILMINGTON CITY COUNCIL Upon motion by Comm. Vaughan, seconded by Comm. Davis, the joint budget meeting with the Wilmington City Council was unanimously set for 8:00 AM on Monday, June 17, 1974. ADJOURNMENT Comm. Hall moved, seconded by Chm. Powell, that the meeting be adjourned vote, motion carried unanimously. Chm. Powe11 adjourned the meeting at 4:50 PM. Respectfully submitted, ~_'_7~`~-~'~ Lise K. King Clerk to the Board k MINUTES OF SPECIAL MEETING, JUNE 5, 1974 Upon ASSEMBLY The New Hanover County Board of Commissioners met in special session on Wednesday, June 5, 1974, at 9:30 AM to meet with representatives of Ballard, McKim & Sawyer/ Hartman-Cox, Associated Architects, to discuss the proposed courthouse/jail facility. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powell; County Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. Chm. Powell called the meeting to order. PRESENTATION The architects made a slide presentation and presented the booklet "Environmental Programming Preliminary Report Number Ttao." EXECUTIVE SESSION (See Page 655 for Addition.l Comm. Wright moved, seconded by Couun. Davis, that the meeting be recessed to go into executive session. Upon vote, motion carried unanimously. Chm. Powell recessed the special meeting to go into executive session at 10:30 AM. Chm. Powell recessed the executive session to go into regular session at 10:40 AM.