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1974-07-15 Regular Meeting6~9 MINUTES OF REGULAR MEETING, JULY 15, 1974 ASSEMBLY The New Hanover Board of County Commissioners met in regular session on Monday, Ju1y 15, 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; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. Chm. Powell called the meeting to order. Comm. Wright offered the invocation. APPROVAL OF MINUTES: SPECIAL MEETING, JUNE 24, 1974 • Upon motion by Comm. Davis, seconded by Comm. Hall, the minutes of the special meeting held on June 24, 1974, were unanimously approved as presented. APPROVAL OF MINUTES: REGULAR MEETING, JULY 1, 1974 Upon motion by Comm. Wright, seconded by Comm. Hall, the minutes of the regular meeting held on July 1, 1974, were unanimously approved as presented. APPROVAL TO SELL 1106 SOUTH SIXTH STREET AT PRIVATE SALE Tax Administrator Larry J. Powe11 reported that he had received an offer to purchase property located at 1106 South Sixth Street for the sum of $991.45. He stated that the County's interest in the property was 42.4% and that the property had been acquired through foreclosure proceedings on Apri1 16, 1973, for a total amount of $769.83. Tax Adm. Powell requested permission to se11 the property at private sale under the provisions of North Carolina General Statute 105-376(c) which read as follows: "However, a purchasing taxing unit, in the discretion of its governing body, may resell such property to the former owner or to any other person formerly having an interest in the property at a private sale for an amount not less than the taxing unit's interest therein." He stated that the party who wished to purchase this property had a deed for the property dated March 13, 1965, which had never been recorded. Upon motion by Comm. Hall, seconded by Chm. Powe11, Tax Adm. Powell was unanimously authorized to se11 1106 South Sixth Street at private sale in accordance with N. C. G. S. 105-376(c) for the sum of $991.45. APPROVAL TO SELL 705 AND 707 HARNETT STREET Tax Administrator Larry J. Powell stated that he had received an offer to purchase property located at 705 and 707 Harnett Street for $1,150. He stated that the property had been acquired through a tax foreclosure sale on May 14, 1973, for a total cost of $758.20 and that the County's interest in the property was 42.3%. Tax Adm. Powe11 requested permission to advertise the property for sale in accordance with the Policy for Disposal of County Real Estate. Upon motion by Comm. unanimously authorized to ABATEMENTS AND REFUNDS Upon motion by Comm. and refunds contained in were unanimously approved Page 20. Wright, seconded by Comm. Davis, Tax Adm. Powell was advertise 705 and 707 Harnett Street for sale as requested. Davis, seconded by Comm. Ha11, the requests for abatements tax Adm. Larry J. Powe11's memorandum dated July 9, 1974, . A copy of this memorandum is contained in Exhibit Book II, REPORT OF COLLECTOR OF REVENUE Upon motion by Comm. Davis, seconded by Collector of Revenue, for New Hanover County was unanimously accepted by the Board. This Page 21. Comm. Hall, the report of Janie B. Straughn, Tax Collections through June 30, 1974, report is contained in Exhibit Book II, AMENDMENT TO REAPPRAISAL CONTRACT - TAX DEPARTMENT Tax Administrator Larry J. Powe11 recommended that the contract with Cole-Layer- Trumble Company be amended by deleting the provision that required the Company to appraise a11 tangible personal property used in or about the operation of an industrial plant. He stated that this provision would mean an approximate savings to the County of $7,240. He further requested that,in lieu of the requirement to appraise personal property of industries, the contract provide that Co1e-Layer-Trumble provide to the County certain drafting equipment, copying machines, and other equipment to be used in maintaining the tax maps; the total cost of the equipment would be approximately $4,700. Comm. Vaughan moved, seconded by Comm. Hall, that the contract with Cole-Layer- Trumble Company be amended by deleting the provision that required the Company to appraise a11 tangible personal property used in or about the operation of an industrial plant and, further, that approximately $4,700 be made available to the Tax Administrator in his budget to purchase the necessary equipment to maintain the new tax maps; and that the Tax Administrator come back to the Board with a specific budget amendment for the necessary equipment. Upon vote, motion carried unanimously. MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED) RECONSIDERATION OF "NEW HANOVER COUNTY DOG CONTROL ORDINANCE" The Commissioners had been furnished copies of the proposed "New Hanover County Dog Control Ordinance" with the changes agreed to by the Board at their meeting of July 1, 1974. In addition to these changes, the County Manager and County Attorney recommended the following changes. 1) That the effective date be made January 1, 1975 rather than February 1, 1975; and 2) That the provision in Paragraph 3 be that the $15 per year kennel fee entitle the kennel owner to a maximum of 25 dog tags and that each additional tag beyond 25 be sold at a price of 50 cents per tag. By common consent, the effective date of January 1, 1975 was approved as recommended by the County Manager and County Attorney. Comm. Wright moved, seconded by Comm. Davis, that the provision in Paragraph 3 be that the $15 p.er year kennel fee entitle the kennel owner to a maximum of 25 dog "tags and that each additional tag beyond 25 be sold at a price of 50 cents per tag as recommended by the County Manager and County Attorney. Upon vote, motion was approved as follows: Voting Aye: Comm. Davis, Wright, and Chm. Powell. Voting Noe: Comm. Hall and Vaughan. By common consent, the first sentence in Section 3 was amended to rea~d as follows: "Every owner or keeper of any dog in New Hanover County, annually, between January 1 and January 31 in each year..." rather than "Every owner or keeper of any dog in New Hanover County, annually, and on the first day of January in each year..." Comm. Davis stated for the record that he felt the enactment of the Ordinance with Section 12, Violations, included was an indication of the quality of life in Wilmington that was being lost. He read an essay by George Graham Vest entitled "A Tribute to the Dog." A copy of this essay is contained in Exhibit Book II, Page 22. Comm. Davis moved, seconded by Chm. Powell,that the following sentence be struck from Section 12, Violations. "In addition, any person violating the provisions of this ordinance shall be guilty of a misdemeanor, and shall be fined not more than Fifty Dollars ($50.00), or imprisoned for not more than thirty (30) days." Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that Section 12, Violations, be approved as presented. Upon vote, substitute motion was defeated as follows: Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm. Davis, Ha11, and Chm. Powell. Upon vote,. original motion to amend Section 12, Violations, by deleting the sentence which read "In addition, any person violating the provisions of this ordinance sha11 be guilty of a misdemeanor, and shall be fined not more than Fifty Dollars ($50.00), or imprisioned for not more than thirty (30) days" was approved as follows: Voting Aye: Comm. Davis, Hall, and Chm. Powell. Voting Noe: Comm. Vaughan and Wright. Chm. Powell moved that the "New Hanover County Dog Control Ordinance" be adopted as amended. Motion died for lack of a second. (Ordinance was adopted by less than unanimity later in the meeting.) TABLING OF ENVIRONMENTAL IMPACT ORDINANCE COMMITTEE SUGGESTIONS Comm. Vaughan had requested that the Commission consider several suggestions for consideration by the Environmental Impact Ordinance Committee as follows: 1) Formulation of zoning changes which would require commercial developments facing definitely residential developments on the opposite side of a street to provide a suitable roadside screening belt in addition to the rear and side buffers now required. 2) Formulation of zoning changes which would require commercial developments to provide special lanes of egress and ingress in situations where traffic density problems exist. 3) Preparation of a proposal for a"Code of Voting Ethics" for consideration of adoption by the Commission. 4) A comprehensive examination of the cost-benefit ratio of encouraged growth as applied to the welfare of the County citizenry as a whole. Planning Director Richard A. Fender recommended that the Commission study Senate Bill 1239 which provided for Environmental Quality Advisory Boards which would work closely with the Planning Staff. Comm. Wright moved, seconded by Comm. Vaughan, that this discussion be tabled until the meeting of August 5, 1974, and that Planning Director Fender be requested to send the Commissioners a copy of Senate Bill 1239 for their study. Upon vote, motion carried unanimously. MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED) DISCUSSION OF PLANNING RESPONSIBILITIES UNDER THE COASTAL AREA MANAGEMENT ACT Comm. Vaughan had reque5ted that a discussion of the planning responsibilities under the Coastal Area Management Act be placed on the agenda. Planning Director Richard A. Fender stated that this had been taken into consideration in the budget for fiscal year 1974-1975 and that he felt the Department had been adequately staffed to handle these responsibilities. No action was taken by the Board. INTRODUCTION OF ASSISTANT PLANNING DIRECTOR Planning Director Richard A. Fender introduced Mr. William B. Farris, Assistant Planning Director, to the Board. NORTH CAROLINA OCEAN SCIENCES INSTITUTE - LEAA GRANT APPLICATION Courcn. Hall offered the following resolution and moved its adoption, which was seconded by Comm. Davis, and adopted unanimously. WHEREAS, the New Hanover County Board of Commissioners herein called the "Applicant" has thoroughly considered the problem addressed in the subgrant application entitled N. C. Ocean Sciences Institute 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 governments 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 WILMINGTOrI, NORTH CAROLINA, THIS 15th DAY OF JULY, 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 application in the form prescribed by the Division of Law and Order for a subgrant in the amount of $146,251.00 to be made to the Applicane to assist in defraying the cost of the project described in the application. This individual shall act as the authorized representative of the Applicant in connection with all aspects of the application process. 3. That if the subgrant is made, the Applicant shall provide or make arrange- ments to provide, a local cash matching contribution in the amount of $8,125.00 and a local in-kind matching contribution valued under LEAA guidelines at -0- (or proportionately reduced local matching contribution if the subgrant amount is reduced). 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 appli- cation referenced above. 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting. REGIONAL RECORDS FOR SHERIFF'S DEPARTMENT - LEAA GRANT APPLICATION Comm. Davis offered the following resolution and moved its adoption, which was seconded by Comm. Hall and adopted unanimously. WHEREAS, the New Hanover County Board of Commissioners herein called the "Applicant" has thoroughly considered the problem addressed in the subgrant appli- cation entitled Regional Records and has reviewed the project described in the appli- cation; 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 1oca1 governments 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 15TH DAY OF JULY, 1974, AS FOLI,OWS: 1. That the project referenced above is in the best interest of the Applicant and the general public. 2. That Jerry Ramsey be authorized to file, in behalf of the Applicant, an application in the form prescribed by the Division of Law and Order for a subgrant in the amount of $3,000.00 to be made to the Applicant to assist in defraying the cost of the project described in the application. This individual shall act as the authorized representative of the Applicant in connection with all aspects of the application process. ~~~ MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED) REGIONAL RECORDS FOR SHERIFF'S DEPARTMENT - LEAA GRANT APPLICATION (CONTINUED) 3. That it the subgrant is made, the Applicant shall provide or make arrangements to provide, a local cash matching contribution in the amount of $750.00 and a local in-kind matching contribution valued under LEAA guidelines at -0- (or proportionately reduced local matching contributions if the subgrant amount is reduced) 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 tfiis resolution be included as part of the application referenced above. 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting. NEW HANOVER COUNTY GROUP CARE HOME - LEAA GRANT APPLICATION County Manager Eller reported that the Commissioners had previously indicated to Dr. William A. Phillips their intent to sponsor the application for a Law Enforcement Assistance Administration (LEAA) grant to provide a group care home for undiscipTined girls in New Hanover County. He stated that, under the terms of the grant, LEAA would provide $38,746.72, the State through the Governor's Law and Order Committee would provide $2,152.59, and the local cash match would be $2,152.59, for a total project cost of $43,051.90. He stated that the group known as Youth Help, Inc., had agreed to provide the funds for the local cash match and recommended that, if the application was approved, the 1974-1975 budget show as revenue in the general fund the following appropriations. Federal Government Grants 11 349 14 Group Care Home $38,747 State Grants: 11 350 14 Group Care Home $ 2,152 YoutH He1p, Inc.: - 11 352 00 Group Care Home $ 2,153 County Manager E11er recommended that~the expenditure item in the general fund, non- departmental, should be indicated as follows: 11 660 63 Group Care Home $43,052 Comm. Davis offered the following resolution and moved its adoption, seconded , by Comm. Hall, and further moved that the 1974-1975 budget show the appropriate entries as recommended by the County Manager. Upon vote, motion carried unanimously. WHEREAS, the New Hanover County Board of Commissioners herein called the "Applicant" has thoroughly considered the problem addressed in the subgrant application entitled N. H. Co. Group Care Home 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 15TH DAY OF JULY, 1974, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Applicant and the general puhlic. 2. That Dan W. Eller be authorized to file, in behalf of the Applicant, an application in the form prescribed by the Division of Law and Order for a subgrant in the amount of $38,746.72 to be made to the Applicant to assist in defraying the cost of the project described in the application. This individual sha11 act as the authorized representative of the Applicant in connection with all aspects of the application process. 3. That if the subgrant is made, the Applicant sha11 provide or make arrangements to provide, a local cash matching contribution in the amount of $2,152.59 and a local in-kind matching contribution valued under LEAA guidelines at -0- (or proportionately reduced local matching contributions if the subgrant amount is reduced) 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 shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting. ~~~ MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED) HUGH MacRAE PARK ROAD Comm. Davis moved, seconded by Comm. V han, that the proposed new road in Hugh MacRae Park be approved as presented b~~~ounty Manager upon consultation with Mr. Hugh MacRae, and that the County Manager be directed to request that the Depart- ment of Transportation accept a variance and take the road over for maintenance upon completion. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Ha11, Vaughan, and Chm. Powell. Voting Noe: Comm. Wright. APPROVAL OF CONTRACT FOR PURCHASE OF QUICK RESPONSE FIRE TRUCK FOR AIRPORT At their meeting of July 1, 1974, the Commission had approved the awarding of the contract for a quick response fire truck for the New Hanover County Airport to Fire Control Engineering Company. County Manager Eller reported that the contracts had been mailed to the Company for execution by them and that they had requested the deletion of the "Liquidated Damage" clauses which provided for liquidated damages of $50 per day for each day's delay in delivery of the vehicle. He stated that the Airport Commission and the Federal Aviation Administration (FAA) representative had agreed to the deletion of these provisions and requested that the County Commissioners approve this change. Comm. Vaughan moved, seconded by Comm. Davis, that the Commission approve the deletion of the "Liquidated Damage" clauses of the contract and further that the Airport Manager be advised to request Fire Control Engineering Company to noti£y the County when they had.started work on the County's quick response fire truck. Upon vote, motion carried unanimously. RESOLUTION AUTHORIZING SALE OF BOND ANTICIPATION NOTES IN THE AMOUNT OF $500,000 FOR NEW HANOVER MEMORIAL HOSPITAL AND $1,325.000 FOR CAPE FEAR TECHNICAL INSTITUTE Comm. Hall presented the following resolution and moved that it be adopted: WHEREAS, the Technical Institute Bond Order hereinafter described has taken effect and the Board of Commissioners has issued $800,000 Technical Institute Bond Anticipation Notes dated February 4, 1974, payable August 21, 1974, to borrow money for the purpose for which bonds are authorized to be issued by said Bond Order; and WHEREAS, the Board of Commissioners desires to renew the foregoing notes and to borrow additional sums for the purpose for which bonds are authorized to be issued by said Technical Institute Bond Order, in anticipation of the receipt of the proceeds of the sale of said bonds; and WHEREAS, the Public Hospital Bond Order hereinafter and the Board of Commissioners desires to borrow money f~ are authorized to be issued by said Public Hospital Bond the receipt of the proceeds of the sale of said bonds as NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the follows: described has taken effect ~r the purpose f~'which bonds Order in anticipation of hereinafter provided: County of New Hanover as (1) The sum of $1,325,000 will be borrowed by the County of New Hanover in anticipation of the receipt of the proceeds of the sale of the bonds authorized to be issued by the bond order entitled "Bond Order authorizing the issuance of $3,675,000 Technical Institute Bonds of New Hanover County", adopted by the Board of Commissioners on September 18, 1972, for the purpose for which said bonds are authorized to be issued. Negotiable notes, each designated Technical Insitute Bond Anticipation Note , shall be issued for said sum so borrowed. Said notes shall be dated August 19, 1974 and shall be payable November 20, 1974. (2) The sum of $500,000 wi11 be borrowed by the County of New Hanover in anticipation of the receipt of the proceeds of the sale of the bonds authorized to be issued by the bond order entitled "Bond Order authorizing the issuance of $9,360,000 Public Hospital Bonds of the County of New Hanover", adopted by the Board of Co~nissioners on August 20, 1973, for the purpose for which said bonds are authorized to be issued. Negotiable notes, each designated Public Hospital Bond Anticipation Note", sha11 be issued for said sum so borrowed. Said notes shall be dated August 19, 1974 and shall be payable August 20, 1975. (3) All the foregoing notes shall bear interest fr:om their date at a rate which sha11 not exceed ten per centum (10%) per annum. Such interest sha11 be payable at the maturity of the said notes. Each of said notes shall be signed by the ' Chairman and Clerk of the Board of Commissioners of said County and the Sea1 of said County shall be affixed to each of said notes. ~ (4) The power to fix the rate of interest to be borne by said notes and to determine the denomination or denominations of the notes and the place of payment of the notes is hereby delegated to the Chairman and Clerk of the Board of Commissioners of said County who are hereby authorized and directed to cause said notes to be prepared and to execute said notes when they sha11 have been sold by the Local Government Commission of North Carolina. ~~~ MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED) RESOLUTION AUTHORIZING SALE OF BOND ANTICIPATION NOTES IN THE AMOUNT OF $500,000 FOR NEW HANOVER MEMORIAL HOSPITAL AND $1,325,000 FOR CAPE FEAR TECHNICAL INSTITUTE (CONTINUED) (5) The Chairman and Clerk of the Board of Commissioners are hereby authorized to make application to the Local Government Commission of North Carolina for its approval of both issues of said notes in the manner prescribed by The Loca1 Government Finance Act. Said Local Government Commission is hereby requested to sell the notes in the manner prescribed by said Act. Said notes, when they shall have been sold by said Commission, in the manner prescribed by law, and when they shall have been executed in the manner prescribed by this resolution, shall be turned over to the State Treasurer of the State of North Carolina for delivery to the purchaser or pur- chasers to whom they may be sold by said Commission. The motion having been duly seconded, and the resolution having been considered, it was adopted, Messrs. Davis, Ha11, Powe11 and Mrs. Wright voting for the resolution and Co~n. Vaughan voting against it. Co~n. Vaughan had offered the substitute motion that the $500,000 for New Hanover Memorial Hospital be deleted until the Commissioners could become informed as to whether it would be more advantageous for a private hospital to come in. The substitute motion had died for lack of a second. Comm. Wright stated that she felt the Board should determine if the funds for the Hospital were to be used for the purpose that was put to the voters of the County before the notes were sold. This was agreed to by common consent. Comm. Davis requested that the Commission have a joint meeting with the New Hanover Memorial Hospital Board of Trustees to discuss this and other matters. This was agreed to by common consent and set for Monday, August 5, 1974, at 2:00 PM at the regularly scheduled meeting. CERTIFICATION OF ROSTER FOR WINTER PARK VOLUNTEER FIRE DEPARTMENT, INC. Upon motion by Comm. Ha11, seconded by Comm. Davis, the roster submitted by the Winter Park Volunteer Fire Department, Inc., of active firemen was unanimously certified. CERTIFICATION OF ROSTER FOR CASTLE HAYNE VOLUNTEER FIRE DEPARTMENT, INC. Upon motion by Comm. Wright, seconded by Comm. Hall, the roster submitted by the Castle Hayne Volunteer Fire Department, Inc., of active firemen was unanimously certified. REQUEST FOR REPORT TO THE TAXPAYERS OF NEW HANOVER COUNTY Comm. Davis presented "A Report to the Shareholders, Citizens of Catawba County" and moved, seconded by Comm. Hall, that the Board authorize_ County Manager Eller to present a similar report to the Commission for approval to be distributed to the taxpayers of New Hanover County and the best way for distribution. Upon vote, motion carried unanimously. ORDZNANCE AMENDING THE NEW HANOVER COUNTY SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE Comm. Vaughan moved, seconded by Comm. Wright, that the Yoilowing resolution be adopted. Upon vote, motion carried unanimously. Ordinance Amending the New Hanover County Soil Erosion and Sedimentation Control Ordinance WHEREAS the New Hanover County Commissioners desire to amend the New Hanover County Soil Erosion and Sedimentation Control Ordinance to extend the application thereof to such incorporated areas as may elect to come under its terms, NOW THEREFORE, be it ordained by the Board of Commissioners of New Hanover County that the New Hanover County Soil Erosion and Sedimentation Control Ordinance be amended by adding Section 2(b) thereto, said Section 2(b) to read as follows: Section 2(b) Territorial Jurisdiction. This Ordinance shall apply to all unincorporated areas within the geographic confines of the County of New Hanover, and to such incorporated areas as may by resolution permit this Ordinance to be applicable within such incorporated areas. This Amendment shall be effective on and after July 15, 1974. ADOPTION OF RESOLUTIONS REGARDING PUBLIC SCHOOL SYSTEM OF NEW HANOVER COUNTY SUPPLEMENTARY PENSION PLAN Comm. Hall moved, seconded by Chm. Yowell, that the following resolutions be adopted as recommended by H. Gray Hutchison and Associates, Inc., Actuaries and Con- sultants. Resolution Requesting that the New Hanover County Representatives in the North Carolina General Assembly Introduce Legislation Amending Chapter 385 of the Public-Local Laws of 1921 as Amended The Board of Commissioners of New Hanover County (North Carolina) hereby resolves: WHEREAS, Chapter 385 of the Public-Local Laws of 1921 as amended provides that a11 Employees employed on a full-time basis by the New Hanover County School System shall be entitled to a supplementary retirement benefit thereunder, provided they have served for 20 years in the public schools of New Hanover County and who have reached the age of 60 years, and 6~~ MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED) ADOPTION OF RESOLUTIONS REGARDING PUBLIC SCHOOL SYSTEM OF NEW HANOVER COUNTY SUPPLEMENTARY PENSION PLAN (CONTINUED) WHEREAS, the eligibility provisions of the Retirement Act have been interpreted to recognize both continuous service and periods of broken service for the purpose of ineeting the requirement of 20 years of service with the School System, and WHEREAS, membership in the Retirement Plan was frozen as of May 1, 1971, so that no person whose initial period of employment by the Board of Education of New Hanover County commenced on or after that date is eligible for benefits thereunder, and WHEREAS, it is the desire of the Board of Commissioners to limit the extent to which broken service sha11 be recognized for meeting the eligibility requirements thereunder for those employees whose employment commenced prior to May 1, 1971, who subsequently terminated their employment, and who may return to the employ of the Board of Education of New Hanover County at some future date. NOW, THEREFORE, it is resolved that it is the desire of the Board of Commissioners of New Hanover County that Chapter 385 of the Public-Local Laws of 1921, as amended, be further amended to provided that (a) any terminated Employee of the Board of Education of New Hanover County, who was a member under the aforementioned Retirement Act and who had not completed 20 years of continuous or broken service as of his date of termination, shall forfeit all rights to complete said service requirement and to be reinstated as a member thereof unless such Employee returns to the employ of the Board of Education of New Hanover County prior to July 1, 1975, and, provided further, that he or she is continuously employed thereafter until completion of the 20 years of service required for entitlement to benefits under the Plan; and (b) that any Employee terminated after July 1, 1975 shall cease to be a member under the Retirement Act and shall not be entitled to any benefit thereunder unless he or she has completed 20 years of service as of his date of termination. RESOLVED, that the Board of Commissioners hereby requests that the New Hanover County Representatives to the North Carolina General Assembly of 1975 submit to the General Assembly Legislation designed to implement this change in the Retirement Act. Resolution of Intention to Fund Public School System of New Hanover County Supplementary Pension Plan RESOLVED that the New Hanover Board of County Commissioners intends to fund the Public School System of New Hanover County Supplementary Pension Plan for the current year beginning July 1, 1974 in the amount of $236,530 and at the increased amount that wi11 of necessity have to be determined as of July 1, 1975 to make up for the under- payment for fiscal year 1974-1975. Con¢n. Vaughan offered the substitute motion, seconded by Comm. Wright, that the foregoing resolutions be altered to show the Board's intent to fund the Plan if, after further study and with appropriate action by the legislature coming up, it required funding. Upon vote, substitute motion was defeated as follows: Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm. Davis, Hall, and Chm. Powell. Upon vote, the original motion to adopt the foregoing resolutions with regard to the Pension Plan carried as follows: Voting Aye: Comm. Davis, Ha11, and Chm. Powe11. Voting Noe: Comm. Vaughan and Wright. Comm. Vaughan stated for the record that the majority of the Commissioners had just voted for something that they did not understand. Comm. Hall stated for the record that Comm. Vaughan's statement was based on his ill-advised thinking and not a fact. Co~n. Wright stated for the record that she thought it was very unwise to fund the Pension Plan before H. Gray Hutchison had finished his study and before it had been decided what legislation was needed. Comm. Davis stated for the record that the majority of the Commissioners felt that the teachers should be paid. COMM. WRIGHT CHANGES VOTE ON "THE OPEN HOUSE" Comm. Wright stated tor the record that she would like for her vote on the matter of "The Open House" changed and that she would like to be recorded as voting "Noe" on this issue due to some information she had received. ADOPTION OF 1974-1975 BUDGET ORDINANCE Comm. Ha11 moved, seconded by Comm. Davis, that the Ordinance entitled "New Hanover County, North Carolina, 1974-1975 Budget Ordinance" as presented by County Manager Eller be adopted, which set the tax rate at 79 cents per $100 valuat'son.. Comm. Wright offered the substitute motion that the tax rate be set at 77 cents by leaving out Land Purchase in the amount of $293,000. Substitute motion died for lack of.a second. MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED) ADOPTION OF 1974-1975 BUDGET ORDINANCE (CONTINUED) Comm. Vaughan offered the substitute motion, seconded by of Commissioners delete from the 1974-1975 budget as proposed for purchase of land; $40,000 for advertising by the Chamber beach berms; $35,000 from the Museum budget; $18,000 for life rate at 74 cents, two cents lower than 1973-1974. Upon vote, defeated as follows: . Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm. Davis, Hall, and Chm. Powell. Comm. Wright, that the Board the followin : $293,000 ~f Commerce; ~36,000 for guards; and set the tax substitute motion was Upon vote, original motion to adopt the "New Hanover County, North Carolina, 1974-1975 Budget Ordinance" as presented by County Manager Eller was approved as follows: Voting Aye: Comm. Davis, Hall, and Chm. Powell. Voting Noe: Comm. Vaughan and Wright. A copy of this Ordinance, as adopted, is contained in Exhibit Book II, Page 23. Comm. Wright stated for the record that she thought the Board was acting hastily, that they did not have any definite fund balance figures, and that they had not con- sidered things thoroughly. Comm. Vaughan stated that this was illegal because the Board had not received a certified copy from the Board of Education of the additions to the Pension Plan. (See Request for Ruling on Budget Ordinance, Page 686, for further discussion of this.) LUNCH RECESS Chm. Powell recessed the meeting for lunch from 12-1 PM. ADOPTION OF "NEW HANOVER COUNTY DOG CONTROL ORDINANCE" Chm. Powell moved, seconded by Comm. Vaughan, that the "New Hanover County Dog Control Ordinance" as amended earlier in the meeting be adopted. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Voting Noe: Comm. Hall. REQUEST FOR RULING ON BUDGET ORDINANCE Comm. Wright asked County Attorney Fox if the budget had been legally adopted in that a certified copy of those persons under the Public School System of New Hanover County Supplementary Pension Plan had not been submitted by the Board of Education. County Attorney Fox stated that it was his opinion that the Budget Ordinance had ~ been legally adopted but that the certification with regard to the pensioners should be received before their checks were dispersed. County Manager Eller stated that he would get the certification of pensioners from the Board of Education prior to dispersing the pensioners' checks. TRANSFER OF FUNDS - PLANNING DEPARTMENT Upon motion by Comm. Hall, seconded by Comm. Davis, the following transfers of funds for the Planning Department were unanimously approved in the budget for fiscal year 1973-1974. $14.89 from Contract Services, Account ~~11 490 45, to Insurance and Bonds, Account ~~11 490 54. $39.65 from Contract Services, Account ~kll 490 45, to Telephone and Postage, Account ~kll 490 11. EXECUTIVE SESSION Comm. Davis moved, seconded by Chm. Powell, that the meeting be recessed to go into executive session to discuss personnel. Upon vote, motion carried unanimously. Chm. Powell recessed the meeting to go into executive session at 1:20 PM. Chm. Powell recessed the executive session to go back into regular session at 2:00 PM. ' COMMITTEE APPOINTMENTS Upon motion by Comm.,Davis, seconded by Comm. Hall, the following committee appoint- ments were unanimously approved by the Board. NAME BOARD EXPIRATION DATE Mr. George E. Kidder Airport Commission 6/3U/79 Mrs. Janet S. Morgan Mental Health Board 6/30/78 Dr. William A. Phillips Mental Health Board 6/30/78 Mr. Augustus B. Moore, Jr. Museum Board 6/30/77 Mrs. A. D. Howland Museum Board 6/30/77 Mr. Paul Grimsley Museum Board 6/30/75 Mrs. Charles Nance Museum Board ~ 6/30/75 Mr. Samuel E. Oots Social Services Board 6/30/77 Mr. Paul Foster Plannin g Commission 7/31/77 MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED) PRESENTATION OF RECREATION PLANS FOR THREE SCHOOL SITES Mr. Charles Stott presented the site plans that he was commissioned to prepare for three school sites for future recreational development for Blair-Noble School- Park Complex, Pine Valley School-Park Complex, and College Park Elementary School and Community Park. Members of the Board of Education and School Staff were present for this presentation. Upon motion by Comm. Vaughan, seconded by Comm. Hall, the Board unanimously accepted Mr. Stott's site plans with appreciation. No further action was taken by the Board on Mr. Stott's recommendations. EXECUTIVE SESSION Comm. Vaughan moved, seconded by Comm. Davis, that the meeting be recessed to go into executive session to discuss land acquisition with the Board of Education. Upon vote, motion carried unanimously. Chm. Powell recessed the meeting to go into executive session at 3:00 PM.. Chm. Powell recessed the executive session to go back into the regular session at 3:25 PM. DISCUSSION OF COURTHOUSE ARCHITECT Comm. Vaughan moved, seconded by Comm. Wright, that the Board request that Mr. Herbert P. McKim resign as architect for the proposed courthouse or resign as chairman of the Democrat Party. Upon vote, motion was defeated as follows: Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm. Davis, Hall and Chm. Powell. Comm. Vaughan stated for the record that he felt Mr. McKim had embarked on a career that could possibly hurt the courthouse project. SELECTION OF SITE FOR COURTHOUSE Comm. Hall moved, seconded by Chm. Powell, that the courthouse architects be directed to proceed with their plans based on Scheme A(the four-block area bounded by Market Street, Second Street, Chestnut Street, and Fourth Street) for the site and location of the proposed courthouse. Comm. Wright offered the substitute motion that Scheme B(the four-block area bounded by Third Street, Chestnut Street, Fifth Street, and Market Street, and closing Princess Street between Third and Fourth Streets) be selected because she felt it more nearly coincided with what was in mind originally and would more fully utilize what the County already had. Substitute motion died for lack of a second. Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that Scheme C(the four-block area bounded by Third Street, Chestnut Street, Fifth Street, and Market Street, and clos,ing Princess between Third and Fourth Streets, and also closing Fourth Street between Market and Princess Streets) be selected. Upon vote, substitute motion was defeated as follows: Voting Aye: Comm. Vaughan and Wright. Voting Noe: Comm. Davis, Hall, and Chm. Powe11. Upon vote, the original motion to select Scheme A for the courthouse location was approved as follows: . Voting Aye: Comm. Davis, Hall, and Chm. Powell. Voting Noe: Comm. Vaughan and Wright. BOND ISSUE TO BE HELD FOR CONSTRUCTION FUNDS FOR COURTHOUSE Comm. Hall moved, seconaea ~y Comm. Davis, t at the County Commissioners place on the November, 1974, ballot a bond issue for funds for the proposed courthouse. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Hall, Wright, and Chm. Powell. Voting Noe: Comm. Vaughan. Comm. Wright stated that she was votiug: for the bond issue's being placed on the ballot with the understanding that she did not approve of the site that had been selected for the courthouse complex. EXECUTIVE SESSION Comm. Davis moved, seconded by Chm. Powell, that the meeting be recessed to go into executive session to discuss personnel. Upon vote, motion carried unanimously. Chm. Powell recessed the meeting to go into executive session at 4:20 PM. Chm. Powell recessed the executive session to go back into regular session at 5:00 PM. . . •. ~ 5 6~~ MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED) COMMITTEE APPOINTMENTS By common consent, the following committee appointments were approved. Comm. Vaughan was reappointed to the Harbor House Executive Committee, term to expire Ju1y 31, 1975. Comm. Davis was appointed to the New Hanover Memorial Hospital Board of Trustees, term to expire July 31, 1975. Comm. Wright was appointed to the North Carolina Marine Resources Center, term to expire July 31, 1975. COST-OF-LIVING INCREASE FOR W. H. CRANFORD Comm. Davis moved, seconded by Comm. Hall, that W. H. Cranford, Sanitation 5uper- visor II in the Health Department, be given a 7.5% cost-of-living increase. Upon vote, motion carried as follows: Voting Aye: Comm. Davi•s, Hall, and Chm. Powell. Voting Noe: Comm. Vaughan and Wright. RESOLUTION WITH REGARD TO ADVERTISING FUNDS THROUGH CHAMBER OF COMMERCE RESOLVED, that the sum of $40,000 contained in the item entitled Advertising, Account No. 16 575 27, appearing on page 90 of the budget of New Hanover County, is appropriated from the surplus funds of New Hanover County derived from sources other than ad valorem taxation to the Wilmington Chamber of Commerce to be used exclusively for the purpose of advertising the advantages of the County of New Hanover in an effort to secure the location of new industry within the County. Before any expenditure of said appropriation sha11 be made, there shall be submitted to and approved by the Board of Commissioners of New Hanover County the specific advertising to be done and the approximate cost thereof. All funds turned over to the Wilmington Chamber of Commerce pursuant to this resolution shall be accounted for by the Wilmington Chamber ~ of Commerce before the expiration of the fiscal year of the County ending June 30, 1975. Comm. Hall offered the foregoing resolution and moved its adoption, seconded by Comm. Davis. Upon vote, motion was approved as follows: Voting Aye: Comm. Davis, Ha11, and Chm. Powell. Voting Noe: Comm. Wright. Absent: Comm. Vaughan. (Comm. Vaughan had temporarily left the table and did not vote on this motion.) RESIGNATION OF COMM. J. M. HALL, JR. Comm. J. M. Ha11, Jr., offered his resignation from the Board of Commission2rs effective August 1, 1974. Chm. Powe11 moved, seconded by Comm. Davis, that the Board have a plaque made expressing appreciation for Comm. Hall's past service. Upon vote, motion carried unanimously. ADJOURNMENT Comm. Wright moved, seconded by Comm. Davis, that the meeting be adjourned. Upon vote, motion carried unanimously. ~ Chm. Powe11 adjourned the meeting at 5:15 PM. Respectfully submitted, ' ~~,~~" `~ ~'d ise K. King Clerk to the Board k MINUTES OF REGULAR MEETING, AUGUST 5, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, August 5, 1974, at 9:00 AM in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis; 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. No members were absent. Chm. Powe11 called the meeting to order. Rev. Paul De Foggi offered the invocation. ~W J