Loading...
1974-08-05 Regular Meeting6~~ 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 ~~~ MINUTES OF REGULAR MEETING, AUGUST 5, 1974 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, JULY 15, 1974 Comm. Wright requested that on Page 679 under "Approval to Sell 1106 South Sixth Street at Private Sale" the record show that the total amount offered for the property was the total amount invested in the property including advertising. Comm. Wright requested that on Page 688 under "Resolution with Regard to Advertising Funds through Chamber of Commerce" the record show that she •brought up the fact that this resolution had been adop.ted the previous year with regard to the advertising funds and should possibly be adopted with regard to these f~unds budgeted for fiscal year 1974-1975. Comm. Vaughan requested that on Page 688 under "Resolution with Regard to Advertising Funds through Chamber of Commerce" the record show that he would have voted "noe" on this issue. Comm. Vaughan requested that on Page 687 under "Discussion of Courthouse Architect" the record show the reasoning behind this discussion which was that he viewed this as a possible conflict of interest, that he had seen things which had already indicated a conflict of interest in the way that Mr. McKim conducted himself when he first approached Mr. McKim about being Chairman of the Democrat Party in that Mr. McKim had indicated that perhaps he was in agreement with Mr. Vaughan that he should not take the job as Chairman of the Democrat Party. Upon motion by Comm. Wright, seconded by Comm. Davis, the minutes of the regular meeting held on July 15, 1974, were unanimously approved as amended. DISCUSSION OF REPLACEMENT FOR J. M. HALL, JR. Chm. Powe11 read a letter to the Commission £rom Mr. Herbert P. McKim, Chairman, New Hanover County Democratic Executive Committee, stating that on Ju1y 29, 1974, this Committee had elected Mr. Berry A. Williams.to fill the unexpired term of P4r. J. M. Hall, Jr. (See correetion Page 697) Comm. Davis moved, seconded by Chm. Powell, that the Board accept the recommendation of the Democratic Executive Committee and appoint Mr. Berry A. Williams to fill the unexpired term of Mr. J. M. Hall, Jr., on the Board of Commissioners. Comm. Vaughan placed into nomination the names of Mr. Claud 0'Shields, Jr., and Mr. Pender Durham. Upon motion by Comm. Wright, seconded by Comm. Vaughan, this item was unanimously tabled until the meeting of August 19, 1974. DISCUSSION OF EMPLOYING FULL-TIME COUNTY ATTORNEY Comm. Davis requested that discussion ot a iull-time county attorney be placed on the agenda for discussion in that he felt the Commission should make the availability of a position known to the local attorneys and, further, that the County Chairman should be involved in the select'ion process. Comm. Vaughan moved, \~conded by Comm. Davis, that the Commission meet the repeated recommendations of County Attorney Fox by making known to the public locally by an advertisement the fact that the County was embarking upon a study of the establishment of a full-time legal office within the framework of the government. Upon vote, motion carried unanimously. PUBLIC HEARING The Clerk to the Board reported to the Board of Commissioners that notice of a public hearing had been published in the Wilmington Morning Star on July 21 and July 28, 1974, with notice that the Board of Cor.~missioners would hold a public hearing on Monday, August 5, 1974, at 9:30 AM with regard to the following rezoning requests and ap,plications for special use permit. ,,F~ Comm. Wright moved, seconded by Comm. Davis, that the public hearing be opened to discussion. Upon vote, motion carried unanimously. Chm. Powe11 opened the public hearing to discussion. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE SOUTH SIDE OF U. S. HIGHWAY 17, 200 FEET SOUTAWEST OF S. R. 1400, FROM R-15 (R~;51llBN'1'1HL ui~rxiCT) TO B-'L (BUSINESS DISTRICT) IN ZONING AREA ~p5. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of July 3, 1974, and had recommended that this request be approved. Mr. Fender stated that the Planning Staff had recommended that this request be denied due to a significant amount of vacant B-2 zoned land in the area and because they construed this request to essentially be for the benefit of a single property owner rather than for the community. Chm. Powell asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Upon motion by Comm. Vaughan, seconded by Comm. Wright, this item was unanimously tabled to go back to the Planning Commission to get the reasoning behind their vote to recommend approval of this request; to be reconsidered by the Board of Commissioners at their meeting of August 19, 1974. ~~~ MINUTES OF REGULAR MEETING, AUGUST 5, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY LOCATED BETWEEN THE SEABOARD COHJ1~L11VB KHILKUHll ANll u ti, HiGHWAY 17 APPROXIMATELY 600 FEET NORTH OF THE INTERSECTION OF U. S. HIGHWAY 17 AND S. R. 140 MIDDLE SOUND LOOP ROAD) FROM B-2 (BUSINESS DISTRICT) TO R-15 (RESIDENTIAL DISTRICT) IN ZONING AREA qp8B. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of July 3, 1974, and had recommended that it be approved. He stated that the Planning Staff also recommended approval. 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. Davis, that this request be approved and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area ~~8B of New Hanover County, North Carolina, Adopted June 19, 1972" be adopted. Upon vote, motion carried unanimously. The Ordinance is contained in Zoning Ordinance Book I,.Section 8B, Page 7. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE SOUTH SIDE OF MIDDLE SOUND LOOP ROAD (S. K. 1403) APPROXIMATELY 3,500 FEET FROM U. S. HIGHWAY 17 FOR A SCHOOL ADDITION IN ZONING AREA ~p3; PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY LOCATED BETWEEN SPARTAN ROAD AND NORTHWOOD DRIVE, 500 FEET SOUTH OF U. S. HIGHWAY 17, FOR A SCHOOL ADDITION IN ZONING AREA ~~6; and PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY AT THE SOUTH END OF JOHN D. BERRY DRIVE APPROXIMATELY 800 FEET SOUTH OF ROBERT E. LEE DRIVE FOR A SCHOOL ADDITION IN ZONING AREA ~p9B. Planning Director Richard A. Fender stated that the Planning Commission had heard these requests for school additions at their meeting of July 3, 1974, and had recommended that they be issued based on the plans as submitted with the applications. Chm. Powell asked if there were anyone present to oppose the issuance of these special use permits, and no one spoke in opposition. After the Commission had considered the following four items and found them to be fact with 'regard to each of the three applications for special use permit, (a) that the use would not materialiy 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 substantially 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. Vaughan moved, seconded by Comm. Davis, that these special use permits be issued based on the plan as submitted with each application. Upon vote, motion carried unanimously. TRANSPORTATION PLANNING FUNDS Comm. Davis moved, seconded by Comm. Vaughan, that the Board concur with the Planning Commission and approve the contract between the Wilmington-New Hanover PLanning Commission and the North Carolina Board of Transportation for the disbursement and accounting of Section 112 Transportation Planning Funds. Upon vote, motion carried unanimously. APPEARANCE OF WILMINGTON BOARD OF REALTORS RE COUNTY WATER AND SEWER SYSTEM (See Additions Page 697) Mr. Jack Newton, Chairman of the Legislative Committee of the Board ot~ Realtors, appeared before the Board to express the Board of Realtors concern over the need for a county-wide water and sewer system. Co1. Paul S. Denison of Henry von Oesen & Associates appeared before the Board to discuss the progress being made in this regard. Also appearing were Messrs. Jack Perdue, Charles B1ake, Charles Smith, Alec Fonvielle and Bi11 Huffine. Chm. Powe11 gave the Realtors the Commission's assurance that this was being effectively implemented with all possible haste and requested their cooperation in helping to sell the idea and importance to the county-at-large, particularly to the Wilmington City Council. APPROVAL OF AIRPORT SEVEN-YEAR WORK PROGRAM Airport Manager John A. Westbrook reported that the North Carolina Department of Transportation was developing a seven-year work program including the projected requests for State assistance to airports and had requested each airport to submit a list of projects for the seven-year period. Mr. Westbrook presented the New Hanover County Seven-Year Aviation Work Program which had been approved by the Airport Commission for approval by the County Commissioners. Comm. Davis read into the record the following paragraph from a letter dated July 10, 1974, from Rudolph C. Shackleford, Jr., Assistant Airport Manager, to Dr. C. E. Hartford, Chairman, Pdew Hanover County Airport Commission, regarding the Program. ~~~~ MINUTES OF REGULAR MEETING, AUGUST 5, 1974 (CONTINUED) APPROVAL OF AIRPORT SEVEN-YEAR WORK PROGRAM(CONTINUED) Mr. Willard G. Plentl, Jr., Director of Aviation for the DOT, advises that in order for an airport to be eligible for State Aid in the future, the airport and specific project will have to be in this Seven-Year Aviation Work Program. Also the Program is not financially binding on either the County or State but, only indicates needed improvements within a reasonable possibility of funding. ~ Upon motion by Comm. Wright, seconded by Comm. Vaughan, the Airport Seven-Year Work Program was unanimously,approved by the Board for submission to the Department of Transportation. A copy of this Program is contained in Exhibit Book II, Page 24. CHANGE IN CONTRACT WITH PARKS ENTERPRISES, INC., - AIRPORT FENCING Airport Manager .ionn a. westorook requested that the Commission approve a change in the fencing contract with Parks Enterprises, Inc., from an average four inch post to an average three inch post in that the four inch posts were not available. Upon motion by Coumi. Davis, seconded by Comm. Wright, this change was unanimously approved. SILVER SANDS SUBDIVISION Mr. H. G. Notfsinger, Jr., appeared before the Board to request that his bond in the amount of $2,000 for the installation of improvements to Silver Sands Subdivision be returned. County Engineer Richard Epling appeared before the Board and recommended that this bond not be returned at this time due to the improvements not being completed. The Board was advised by County Attorney Fox that the petition for State accep- tance of the streets had been approved earlier and that, upon acceptance of the streets by the Secondary Roads Council, the bond should automatically be returned; so, there was no need for action by the Commissioners at this time. By common consent, the County Manager was requested to write Mr. J. R. Robinson, District Engineer, Department of Transportation and Highway Safety, to discuss with the Commissioners the procedure for state acceptance of subdivision streets. APPROVAL OF ADDENDUM TO ARCHITECTS CONTRACT FOR SOUTHEASTERN MENTAL HEALTH CENTER Mr. Charles Boney, Architect, had proposed three amendments to the contract dated May 30, 1972, between Leslie N. Boney, Architect, and the New Hanover County Board of Commissioners for the design and construction of the Southeastern Mental Health Center building. County Manager Eller stated that these amendments would place additional require- ments on the architects, engineers, and contractors but would not affect the cost of the project. Upon motion by Comm. Davis, seconded by Comm. Wright, this addendum was unanimously approved. A copy of the addendum is attached to the contract on file in the County Manager's office. BUDGET AMENDMENT - CAPE FEAR TECHNICAL INSTITUTE County Manager E11er reported that the State of North Carolina had changed the chart of accounts to be used by all technical institutes and that Mr. S. C. Coleman, Business Manager of Cape Fear Technical Institute, had submitted a revised budget using the new accounts and account numbers and had requested that the Commissioners amend the 1974-1975 budget making the appropriations as contained in the revised budget. Mr. Eller stated that there was no change in the total appropriation. Upon motion by Comm. Davis, seconded by Comm. Wright, the amended budget for Cape Fear Technical Institute was unanimously approved. A copy of the amended budget is contained in Exhibit Book II, Page 25. CERTIFICATION OF ROSTER FOR WRIGHTSBORO VOLUNTEER FIRE DEPARTMENT, INC. Upon motion by Comm. Vaughan, seconded by Comm. Davis, the roster submitted by the Wrightsboro Volunteer Fire Department of all active firemen was unanimously certified. DESIGNATION OF VOTING DELEGATE TO N. C. ASSOCIATION OF COUNTY COMMISSIONERS CONVENTION Upon motion by Comm. Vaughan, seconded by Comm. Davis, Chm. Powell was unanimously designated as the voting delegate to the North Carolina Association of County Com- missioners Convention or whomever he chose to designate. APPROVAL OF AMENDMENTS TO CONSTITUTION OF THE N. C. ASSOCIATION OF COUNTY COMMISSIONERS Upon motion by Comm. Vaughan, seconded by Comm. Davis, the tollowing proposed changes to the Constitution of the North Carolina Association of County Commissioners were endorsed unanimously. 1. Name change to North Carolina Association of Counties. 2. Two-year terms for District Directors. 3. NACO Directors to serve as official voting members of the Association Board. 4. Annual district meetings to be held at the Annual Association meeting. Comm. Wright asked that by common consent any Commissioners who wished to go be authorized to attend the North Carolina Association of County Commissioners Convention. This was agreed to by common consent. / ~~~ MINUTES OF REGULAR MEETING, AUGUST 5, 1974 (CONTINUED) TABLING OF MATERNAL AND CHILD HEALTH GRANT AND BUDGET AMENDMENT County Manager Eller reported that the Health Department had been notified that they were eligible to receive a grant in the amount of $55,126 for Maternal and Child Health Care. Comm. Wright stated that this grant had not been approved by the Board of Health. Upon motion by,Comm. Vaughan, seconded by Comm. Davis, this item was unanimously tabled until it had been approved by the Board of Health. DISCUSSION OF EMPLOYMENT OF JAMES A. EASON Co~. Vaughan moved, seconded by Comm. Wright, that further discussion of James A. Eason's employment with the County at the County Garage be tabled until a recommendation could be obtained from Miss Lela Moore Hall, Social Services Director. Upon vote, motion carried unanimously. LUNCH RECESS Chm. Powell recessed the meeting for lunch from 12:05 - 1:00 PM. APPROVAL OF EASEMENT FOR CP&L COMPANY - TRANSFER STATION, CAROLINA BEACH County Manager Eller reported that, in order tor Carolina Power & Light Company to provide electrical service to the transfer station at Carolina Beach, it would be necessary for the County Commissioners to authorize the Chairman to execute an easement giving Carolina Power & Light permission to enter the premises that the County had under license from the Federal Government for the purpose of running a power line to the transfer station. Mr. Eller stated that he had reviewed the requested easement with Carolina Power & Light officials and recourcnended that the Chairman be authorized to execute the easement. Upon motion by Comm. Vaughan, seconded by Comm. Davis, Chm. Powell was unanimously authorized to execute the easement. APPROVAL OF CONTRACT WITH CP&L COMPANY FOR ELECTRICAL SERVICE AT NEW PUBLIC HEALTH BUILDING County Manager Eller stated that Carolina Power & Light Company had prepared a contract for furnishing electricity to the new Health Department Building under their Schedule G-2H, which represented the commercial or industrial rate. Mr. Eller recom- mended that the County Commissioners authorize the Chairman to execute the contract. Upon motion by Comm. Davis, seconded by Comm. Vaughan, Chm. Powell was unanimously authorized to execute the contract. (See Exhibit Book II, Page 37, for copy of resoZution to this effect.) RATES FOR FOSTER HOME CARE Miss Lela Moore Hall, Director of Social Services, appeared before the Board to request that the Commissioners approve an increase in the foster home care rates by 15 percent. She stated that sufficient funds for this increase had been included in the 1974-1975 budget. By common consent, it was agreed that the Social Services Board would set their own rates internally for foster home care. REQUEST OF SOCIAL SERVICES BOARD FOR LONGEVITY PAY SCHEDULE Miss Lela Moore Hall, Director ot Social;Services, appeared before the Board to present the following longevity pay schedule which had been approved by the Board of Social Services. Years of Aggregate State Service Longevity Pay Rate 15 but less than 20 years 'L."LS% oY annual salary 20 but less than 25 years 3.25% of annual salary 25 or more years 4.50% of annual salary Comm. Vaughan moved, seconded by Comm. Wright, that the•Board of Social Services be advised that the Commission appreciated this being brought to their attention and that it would be considered along with other personnel matters to be considered by the Commission at a later date. Upon vote, motion carried unanimously. TRANSFER OF FUNDS - PUBLIC SCHOOL BUDGET Upon motion by Co~. Wright, seconded by Comm. Davis, the sum of $46,000 was unanimously transferred from the P~blic School Capital Reserve Fund, Vital Programs, Account ~~74 660 61, to the Special Accounts Fund, Administration Building, Account ~F51 660 00, due to the bids for the construction of the Administration Building exceeding the amount budgeted for that purpose. PROPOSED PROJECTS FOR EIO COMMITTEE At the meeting ot July 15, 1974, the Commissioners had tabled discussion of four items suggested by Comm. Vaughan for consideration by the Environmental Impact Ordinance Committee. These suggestions were 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 co~ercial developments to provide special lanes of ingress and egress in situations where traffic density problems exist. ~~~ MINUTES OF REGULAR MEETING, AUGUST 5, 1974 (CONTINUED) PROPOSED PROJECTS FOR EIO COMMITTEE (CONTINUED) 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. By common consent, Items 1 and 2 were to be referred to the Planning Department and Items 3 and 4 to the Environmental Impact Ordinance Committee. REPORT ON COLE-LAYER-TRUMBLE COMPANY By common consent, the report on the progress of Cole-Layer-Trumble Company was to appear on the agenda of the second regularly scheduled Commission meeting each month as requested by Mr. Hartsell, the local project director. DISCUSSION OF CONTRACT AMENDMENT WITH COLE-LAYER-TRUMBLE COMPANY County Manager Eller reported that Planning Director Richard A. Fender had determined that one set of maps could be eliminated from the contract with Cole- Layer-Trumble Company in that he could use the maps in the Tax Department when necessary. Mr. Eller stated that a contract amendment to this effect would be forth- coming. TABLING OF RESOLUTION CREATING BUILDING CODE APPEAL AND JOURNEYMAN LICENSING BOARD County Manager Eller presented a resolution establishing the New Hanover County Building Code Appeal and Journeyman Licensing Board as directed by the Commission at a previous meeting. By common consent, this item was tabled until the meeting of August 19, 1974, in order for the County Attorney to have the opportunity to review the building code and existing legislation. SETTING OF DATE FOR JOINT MEETING WITH NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES A discussion with the New Hanover Memorial Hospital Board of Trustees had been scheduled for 3:00 PM. Comm. Davis, representative on this Board, reported that the Board of Trustees had requested that this be done on some other day besides Monday and at the Hospital. After a brief discussion regarding convenience of time, Comm. Vaughan moved, seconded by Comm. Wright, that this meeting be scheduled at the regularly scheduled meeting of Monday, August 19, 1974, at 3:00 PM. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Wright, and Vaughan. Voting Noe: Chm. Powe11. By common consent, it was agreed that the Hospital Board would be notified that it would not be necessary for every member to attend if it were inconvenient for them to do so. SETTING DATE FOR SPECIAL MEETING WITH ARCHITECTS Comm. Wright requested that the next meeting with the courthouse architects be Friday, August 9, at 8:00 AM. This was agreed by common consent. DISCUSSION OF STATUS OF ARCHITECT Comm. Vaughan moved, seconded by Comm. Wright, that a legal opinion be obtained by the County Manager from the Attorney General as to whether or not Mr. Herbert P. McKim, courthouse architect and Chairman of the Democrat Part}; had a conflict of interest in this matter. In discussion it was determined that Comm. Vaughan had the authority to do this as a Commissioner and that a motion was not necessary. Comm. Vaughan withdrew his motion; Comm. Wright withdrew her second. TABLING OF REQUEST FOR RETIREMENT PAY FOR JAMES D. BROWN, SHERIFF'S DEPARTMENT By common consent, a request for payment of $"L09.75 into the Retirement System for Mr. James D. Brown, Sheriff's Department, was tabled until the meeting of August 19, 1974, for County Manager Eller to determine what had been done with requests like this in the past. NORTH CAROLINA MARINE RESOURCES CENTER BOARD MEETINGS Comm. Wright stated Chat he North Carolina Marine Resources Center Board was going to meet once a month probably in Atlantic Beach since the Chairman of that Board was from Carteret County. She stated that she did not feei that she was in a position to go to Atlantic Beach for meetings not being an actual member of that Board but merely a local contact person. By co~non consent, Comm. Wright was authorized to attend the meetings of the North Carolina Marine Resouces Center Board that she felt were justified at County expense. SEDC RETIREMENT PROGRAM Comm. Vaughan stated that he would like for the County Manager to write the Southeastern Economic Development Commission for detailed information on the retirement program they were setting up. This was agreed to by common consent. 6&1~ MINUTES OF REGULAR MEETING, AUGUST 5, 1974 (CONTINUED) DISCUSSION OF CAPE FEAR TECHNICAL INSTITUTE PILING By coc~mon consent at Comm. Vaughan's request, County Manager Eller was directed to communicate to the Cape Fear Technical Insitute Board of Trustees the Commission's feeling that the County should not have to pay the penalty for steel pilings that were ordered in error for their new building since it was not the fault of Cape Fear Technical Institute. DISCUSSION OF MEETING WITH H. GRAY HUTCHISON • By common consent, Comm. Wright and Comm. Vaughan were authorized to meet with H. Gray Hutchison and County Manager ELler to discuss the School Pension P1an. DISCUSSION OF SCHOOL PENSION PLAN Comm. Vaughan moved that the Commission communicate to that it felt there was a very large problem with the School they had not heard any input from them as to what they felt Commissioners felt it was time that they gave very serious Commission as to their feelings on the matter. Motion died the Board of Education Pension Plan and that should be done, and the study and advise the for lack of a second. DISCUSSION OF OSHA By common consent, Chm. Powell was authorized to write every congressman and every senator and the National Association of Counties and the North Carolina Association of Counties and take a strong position with regard to OSHA. HEALTH DEPARTMENT FUNDS Comm. Vaughan requested that County Manager Eller be authorized to write the Health Department requesting that the $8,500 they had saved on equipping the new building be made available to the general fund. This was agreed to by common consent. CORRESPONDENCE FROM ARCHITECTS Comm. Vaughan requested the courthouse architects to address their mail to the Commission as a whole rather than the Chairman. COMMITTEE APPOINTMENTS Comm. Vaughan requested that a news release be given to the media two weeks hefore terms on different committees expired in order to encourage input from the community. This was agreed to by common consent. TREE-P.LANTING PROGRAM Comm. Davis stated that he would like to see a tree-planting program in the County where the County would furnish certain trees to people for planting by the roadside and in areas where they would contribute to the beauty of the County. Comm. Wright stated that she felt this was the responsibility of the individual. Chm. Powell appointed Comm. Davis a committee of one to investigate a tree-planting program for the County. DISCUSSION OF MODEL FARM Comm. Vaughan stated that he thought the Agriculture and Economics Department should run a model farm at the old county farm so that the school children could be taken there and shown the things that exist on farms, which he stated some may never see. No action was taken by the Board. , EXECUTIVE SESSION Comm. Wright 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 3:10 PM. Chm. Powell recessed the executive session to go into the regular session at 4:00 PM. DISCUSSION OF SCHOOL PENSION PLAN Comm. Vaughan requested the Board of Education to begin studying the School~Pension Plan and to come back to the Commissioners with any ideas they might have with regard to improving the System. . DEMOLITION OF 501 SOUTH ELEVENTH STItEET County Manager ELler reported that Mr. A. Haywood Rowan, Chief Building Inspector of the City of Wilmington, had recommended that the building at 501 South Eleventh Street owned by the County (part of the old Community Hospital complex) be demolished due to damage already done to the stack of the building. Mr. Eller stated that he concurred in the demolition of this building and had received two proposals for this work, one from Shambley Wrecking Company for $7,000 and one from Rike Wrecking Company, Inc., for $4,200. Upon motion by Chm. Powe11, seconded by Comm. Vaughan, this contract was unanimously awarded to Rike Wrecking Company, Inc., the funds for the work to be transferred from Contingencies, Account ~~11 445 61, to Buildings and Grounds, Contracted Services, Account ~kll 505 45. ~~~ MINUTES OF REGULAR MEETING, AUGUST 5, 1974 (CONTINUED) BOND ANTICIPATION NOTES Chm. Powell 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 described has taken effect and the Board of Commissioners desires to borrow money for the purpose for which bonds are authorized to be issued by said Public Hospital Bond Order in anticipation of the receipt of the proceeds of the sale of said bonds as hereinafter provided; and WHEREAS, the School Bond Oider hereinafter described has taken effect and the Board of Commissioners desires to borrow money for the purpose for which bonds are authorized to be issued by said School Bond Order in anticipation of the receipt of the proceeds of the sale of said bonds as hereinafter provided; NOW, THEREFORE, BE IT RESOLVED by the Board of Cou¢nissioners of the County of New Hanover as follows: (1) The sum of $1,325,000 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 $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 Institute Bond Anticipation Note , shall be issued for said sum so borrowed' Said notes shall be dated August 19, 1974 and sha11 be payable November 20, 1974. (2) The sum of $500,000 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 $9,360,000 Public Hospital Bonds of the County of New Hanover", adopted by the Board of Commissioners on August 20, 1973, for the purpose for which said bonds are authorized to be issued. Negotiable . notes, each designated "Public Hospital Bond Anticipation Notes", shall be issued for said sum so borrowed. Said notes shall be dated August 19, 1974 and shall be payable August 20, 1975. (3) The sum of $1,185,000 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 $5,500,000 School Bonds of the County of New Hanover", adopted by the Board of Commissioners on February 4, 1974, for the purpose for which said bonds are authorized to be issued. ~~ ~~ Negotiable notes, each designated School Bond Anticipation Note , shall be issued for said sum so borrowed. Said notes shall be dated August 19, 1974 and shall be payable February 19, 1975. (4) All the foregoing notes sha11 bear interest from their date at a rate which shall not exceed ten per centum (10%) per annum. Such interest shall be payable at the maturity of said notes. Each of said notes sha11 be signed by the Chairman and Clerk of the Board of Commissioners of said County and the seal of said County shall be affixed to each of said notes. (5) 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 shall have been sold by the Local Government Commission of North Carolina. (6) The Chairman and the Clerk of the Board of Commissioners are hereby authorized to make application to the Local Government Commission of North Carolina for its approval of the issues of said notes in the manner prescribed by the Local 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 5tate Treasurer of the State of North Carolina for delivery to the purchaser or purchasers to whom they may be sold by said Commission. (7) The resolution of the Board of Commissioners adopted on July 15, 1974 providing for the issuance of $1,325,000 Technical Institute Bond Anticipation Notes, dated August 19, 1974 and $500,000 Public Hospital Bond Anticipation Notes, dated August 19, 1974,is hereby rescinded. The Motion having been duly seconded, and the resolution having been considered, it was adopted, Messrs. Davis and Powell and Mrs. Wright voting for the resolution and Mr. Vaughan voting against it. 6~~ MINUTES OF REGULAR MEETING, AUGUST 5, 1974 (CONTINUED) DISCUSSION OF APPOINTMENT OF VICE CHAIRMAN By common consent, appointment ot a vice chairman for the Board of Commissioners was deferred. RESIGNATION OF COUNTY AUDITOR County Manager Eller stated that Mr. Patrick G. Ross, County Auditor, had submitted his resignation as County Auditor to Judge Bradford Tillery to be effective August 31, 1974. By common consent, County Manager Eller was authorized to proceed with the search for a County Auditor and advise the Commission when he had narrowed the search down to several, final candidates. DISCUSSION OF RESOLUTION OF APPRECIATION OF J. M. HALL, JR. By common consent, the plaque to be presented to Mr. J. M. Hall, Jr., in appreciation of his past service as a County Commissioner: was to be like the one presented to County Mattager E11er by the City Council of Gastonia. Comm. Davis and Vaughan requested that the resolutiori presented by the County Manager be a little more descriptive. ' EXECUTIVE SESSION Comm. Vaughan moved, seconded by Chm. Powell, that the meeting be recessed to go into executive session to discuss personnel.. Upon vote, motion carried unanimously. Chm. Powe11 recessed the regular meeting to go into executive session at 4:35 PM. Chm. Powell recessed the executive session to go into regular session at 4:55 PM. ADJOURNMENT Chm. Powe11 moved, seconded by Comm. Davis, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powe11 adjourned the meeting at 4:55 PM. Respectfully submitted, ~=~~" °~ `~~'~ Lise K. King Clerk to the Board k MINUTES OF SPECIAL MEETING, AUGUST 9, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in special session on Friday, August 9, 1974, at 8:00 AM in the Assembly Room, County Commission Building, Wilmington, North Carolina, to meet with representatives of Ballard, McKim & Sawyer/Hartman-Cox, Associated Architects, on the proposed courthouse/jail facility. Members present were Commissioners Peter R. Davis; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powell;County Manager, Dan W. ELler; and Clerk to the Board, Lise K. King. No members were absent. Chm. Powell called the meeting to order. BOND REFERENDUM TO GO ON NOVEMBER BALLOT Chm. Powe11 moved, seconded by Comm. Davis, that, in order that the voters and taxpayers could make the decision as to whether the County should move to develop a master plan and move toward its completion, that a$7,8~00,000 bond issue be placed on the ballot for the construction of the courthouse/governmental complex. Upon vote, motion was approved as follows: Voting Aye: Comm. Davis, Vaughan, and Chm. Powell. Voting Noe: Comm. Wright. COMM. VAUGHAN STATED THAT HE FELT A MORAL OBLIGATION TO VOTE IN FAVOR OF THIS MOTION BECAUSE THE MAJORITY OF THE COMMISSION HAD PREVIOUSLY VOTED TO USE THE PROPOSED SITE "A" AND THAT, ALTHOUGH HE Ft1VORED A SITE "B" TYPE SITUATION;REQUIRING ABOUT $2,000,000 OF BONDS, HE DID NOT WISH HIS NEGATIVE VOTE TO BRING ABOUT A STALEMATE ON THIS IMPORTANT MATTER BY VIRTUE OF THE EXISTING VACANCY ON THE COMMISSION, fSee Amendments Page 697) Comm. Wright stated for the record that she had voted previously for the bond issue's being placed on the November ballot but that she was objecting to the amount and the plan. DISCUSSION OF PURCHASE OF CP&L BUILDING Comm. Davis stated Yor the record that it was his feeling that space and money from Phase I and Phase II could be removed by the purchase of the Carolina Power & Light Building and that he,felt this stould be done when the building was vacated by Carolina Power & Light personnel, that he felt the Commission could stick to the square footage proposed but that part of that square footage could be in the Carolina Power & Light Building rather than building a brand new structure.