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1974-08-19 Regular Meeting~:7~ MINUTES OF SPECIAL MEETING, AUGUST 9, 1974 (CONTINUED) REQUEST OF CITY COUNCILMAN RALPH W. ROPER FROM COP1M. VAUGHAN REGARDING PROPERTY IN BLOCK WITH CITY HALL Comm. Vaughan requested City Councilman Ralph W. Roper to take betore the Wilmington City Council the possibility of their purchasing the three parcels of land on the north end of the block occupied by City Hall. ADJOURNMENT Comm. Wright moved, seconded by Comm. Vaughan, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 9:45 AM. Respectfully submitted, ~~~ ~~ ~ Lise K. King Clerk to the Board k MINUTES OF REGULAR MEETING, AUGUST 19, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, August 19, 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. Powell called the meeting to order. Rev. James Pollard offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, AUGUST 5, 1974 Comm. Wright requested that on Page 689 under "Discussion of Replacement for J. M. Ha11, Jr." the record show that Mr. Berry A. Williams was elected by the New Hanover County Democratic Executive Committee as their nominee to replace J. M. Hall, Jr. Comm. Vaughan requested that on Page 690 under "Appearance of Wilmington Board of Realtors re County Water and Sewer System" that the following comments of his and of Col. Paul S. Denison be included in the record: Comm. Vaughan asked if they were not talking about an $80 million project; and Col. Denison replied that, if Comm. Vaughan were talking ahout a county-wide plan which they (von Oesen & Associates) would envision being implemented over a 15-20 year period, $80 million would be as respectable as any figure he'could come up with. Comm. Vaughan requested that on Page 690 under "Appearance of Wilmington Board of Realtors re County Water and Sewer System" that the following comments of Mr. Alex Fonvielle, former Wilmington City Councilman, be included in the record: Mr. Fonvielle stated that he was a member of the Wilmington City Council at the time the City's treatment plants were built and, also, at the time Water Authority legislation was passed. He stated that, as he recalled, the north plant had about a 20 percent reserve at the time it was built and the southern plant had about a 30 percent reserve. He stated that he was positive that the existing plants could not take care of the County. Chm. Powe11 asked if they had been expanded since they were first built, and Mr. Fonvielle replied that to his knowledge they had not. Upon motion by Comm. Wright, seconded by Comm. Davis, the minutes of the regular meeting held on August 5, 1974, were unanimously approved as amended. APPROVAL OF MINUTES: SPECIAL MEETING, AUGUST 9, 1974 Comm. Vaughan requested that on Page 696 under "Bond Referendum to go on November Ballot" that his remark in all capital letters be changed to "he favored a site 'C' type situation." Chm. Powe11 requested that on Page 696 under "Bond Referendum to go on November Ballot" that the record show that, if Mr. Hall had still been on the Commission, Comm. Vaughan would not have voted for the,bond referendum to go on the November ballot. Upon motion by Comm. Wright, seconded by Comm. Davis, the minutes of the special meeting held on August 9, 1974, were unanimously approved as amended. EXPRESSION OF APPRECIATION TO MAJOR JOE E. JOHNSON Chm. Powell presented to Major Joe E. Johnson a County medallion engraved with his dates of service with New Hanover County as an expression of appreciation for his past service upon his reti:ement from the New Hanover County Sheriff's Department. ~~(~ MINUTES OF REGULAR MEETING, AUGUST 19, 1974 (CONTINUED) CONSIDERATION OF REPLACEMENT FOR FORMER COUNTY COMMISSIONER J. M. HALL, JR. This item was tabled at the meeting of August 5, 1974, in that the Commission had reached a stalemate--Comm. Davis and Chm, Powell expressing their willingness to endorse the Democratic Executive Committee's nominee for replacement of former County Commis- sioner J. M. Ha11, Jr.; Comm. Vaughan stating that he was opposed to Mr. Williams, the Committee's nominee; and Comm..Wright stating that she could have supported Mr. Williams but felt that there should be harmony on the Board. By cotmnon consent, Comm. Davis was given permission to go back to the Democratic Executive Committee for possible further action by them in that the Commission had reached a stalemate on this issue. APPROVAL OF MATERNAL AND CHILD HEALTH CARE GRANT AND BUDGET AMENDMENT Action on the Maternal and Child Health Care Grant for the Health Department had been tabled at the meeting of August 5, 1974, in order that it could be approved by the Board of Health. , Comm. Wright, representative on the Board of Health,reported that they had approved it and moved, seconded by Comm. Davis, that this be approved by the County Commissioners and that the budget for the Health Department be amended by the following: 1) Appropriating the sum of $55,126 to revenue account ~k44 368 03, Federal and State Grants; 2) Appropriating the sum of $24,888 to expenditure account ~~44 590 02, Salaries and Wages; (this would provide for the hiring of one Public Health Nurse II, one Public Health Nurse I, and one Clerk II) 3) Appropriating to expenditure account ~~44 590 05, FICA, the sum of $1,456; 4) Appropriating to expenditure account ~~44 590 06, Group Insurance, the sum of $432; 5) Appropriating to the expenditure account ~k44 590 07, Retirement, the sum of $1,701; 6) Appropriating to the expenditure account ~~44 590 14, Travel, Meetings and Schools, the sum of $960; 7) Appropriating to expenditure account,~{44 590 33, Departmental Supplies and Materials, the sum of $5,319; and . ~ 8) Appropriating to expenditure account ~k44 590 04, Professional Services, the sum of $20,370. Upon vote, motion carried unanimously. ~ REPOKT OF COLLECTOR OF REVENUE Upon motion by Comm. Davis, seconded by Comm. Wright, the report of Janie B. Straughn, Collector of Revenue, for New Hanover County Tax Collections for the month ending July 31, 1974, was unanimously accepted. This report is contained in Exhibit Book II, Page 27. PAYMENT TO RETIREMENT SYSTEM FOR JAMES D. BROWN At the meeting ot August 5, 1974, the Commission tabled a request to approve the payment of $209.75 into the Local Government Employees' Retirement System on behalf of Mr. James D. Brown, an employee in the Sheriff's Department, to provide credit for Mr. Brown's service with the Town of Wrightsville Beach. The Commissioners had asked that the minutes be checked to determine if this request was similar to the action taken on behalf of Mr. Joe E. Johnson of the Sheriff's Department. County Manager Eller reported that this case was identical. Comm. Davis moved that the payment of $209.75 be approved as requested. Motion died for lack of a second. Comm. Vaughan moved, seconded by Comm. Wright, that the $209.75 for James D. Brown be appropriated and that the Board abolish herewith any precedent previously established in this manner. Upon vote, motion carried unanimously. PUBLIC HEARING PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE SOUTH SIDE OF U. S. HIGHWAY 17, 200 FEET SOUTHWEST OF S. R. 1400, FROM R-15 (RESIDENTIAL DI~1cc1CT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA ~~5. This item had been tabled at the meeting of August 5, 1974, in order for the Commissioners to get the thinking behind the Planning Commission's recommendation for approval of this request. Chm. Powell opened the public hearing to discussion. Planning Director Richard A. Fender stated that he had discussed this case with the Planning Commission at their meeting of August 7,.1974, and they had reaffirmed their action to recommend approval of this request in that they felt the Ordinance was working against the Petitioner in that he would have been allowed to work on automobiles and cars in a B-1 zone but not'trucks or heavy equipment. Chm. Powell asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. ~~~ r1INUTES OF REGULAR MEETING, AUGUST 19, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) Comm. Davis moved, seconded by Comm. Wright, that this.rezoning request be approved and that the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area ~~5 of New Hanover County, North Carolina, Adopted July 6, 1971" be adopted. Comm. Vaughan moved that this item be tabled and that some scheme be worked out for providing not more than 400 feet in depth for commercial purposes. Tabling motion was defeated as follows: Voting Aye: Comm. Vaughan. Voting Noe: Comm. Davis, Wright, and Chm. Powe11. Upon vote, the original motion to approve this rezoning request carried as follows: Voting Aye: Comm. Davis, Wright, and Chm. Powell. Voting Noe: Comm. Vaughan. (The Ordinance as adopted is contained in Zoning Ordinance Book I, Section 5, Page 5.) Comm. Vaughan stated for the record that he had voted against this request because he felt it was damaging to the neighbors' property on both sides of the property. Chm. Powe11 closed the public hearing to discussion. REPORT ON COLE-LAYER-TRUMBLE COMPANY County Manager Eller presented a report from Cole-Layer-Trumble Company on the progress of the revaluation program for New Hanover County. Planning Director Richard A. Fender stated that he would need the set of maps that he had thought could be eliminated from the contract with Cole-Layer-Trumble. Tax Administrator Larry J. Powe11 reported that he did not believe the maps would be ready by October but felt certain they would be ready by January of 1975 when they would be needed by the Tax Office. COLLECTION SETTLEMENT AND CHARGES FOR 1974 LEVY - APPOINTMENT OF COLLECTOR OF REVENUE Comm. Davis moved, seconded by Comm. Wright, that the Settlement of Tax Collections for 1973 presented by Mrs. Janie B. Straughn, Collector of Revenue, be accepted and that Mrs. Janie B. Straughn be reappointed as Collector of Revenue and charged with the 1974 tax levy. Upon vote, motion carried unanimously. (The Settlement of Tax Collections for 1973 is contained in Exhibit Book II, Page 28.) APPROVAL OF REDEVELOPMENT COMMISSION'S PURCHASING CITY-COUNTY OWNED PROPERTIES The Wilmington Redevelopment Commission had offered to purchase the following eight parcels of land owned jointly by the City of Wilmington and New Hanover County. Pt. W. End 1-340 @$550; Pt. S.M. 4-296 @$200; S.E. 4 4-309 @$825; Pt. EZ2-309 @$575; Pt. E.M. 1-309 @$400;_Pt. W.M. 4,5, - Pt. 3-326 @$575.; SEM4, NEMS-338 @$300; and SW 2, NW 3-338 @$400. County Manager E11er advised that the Tax Office had examined the amounts offered and concurred with the exception of Block 309, Pt. E~2-309. He stated that the Redevelopment Commission had offered $575 for this parcel of land, and the Tax Office had advised that the selling price should be $650. Comm. Wright moved, seconded by Comm. Davis, that the Board approve the sale of this property to the Redevelopment Commission at the prices offered with the exception noted to be $650 as advised by the Tax Office. Upon vote, motion carried unanimously. SCHOOL PENSION SYSTEM Comm. Wright reported that she, Comm. Vaughan, County Manager E11er, and school officials had met with Mr. H. Gray Hutchison on Wednesday, August 7, 1974, with regard to the School Pension System. She stated that Mr. Hutchison had several alternatives in mind for the Board to consider. She stated that there could possibly be a slight increase in the charge for his services and that he would notify the Board when additional funds would be necessary for him to complete the work in setting up the administrative machinery for the proper operation of the System. By common consent, this was taken under advisement by the Board.:(See Page 704 for Correction) DISCUSSION OF PROCEDURE FOR ACCEPTANCE OF STREETS INTO STATE'S SECONDARY ROAD SYSTEM Mr. J. R. Robinson, District Engineer of the State ot North Carolina's Department of Transportation Division of Highways, and Mr. R. 0. Powell, Assistant District Engineer, appeared before the Board to discuss the procedure followed by the Division of Highways for acceptance of subdivision streets for maintenance~by the Division of Highways. They explained that they did not approve streets for acceptance until they met State standards; however, due to the passage of time between the date of inspection and request for a concurring resolution from the County Commissioners, deterioration often occurred to the extent that, at the time the Commissioners considered the resolution, the streets were no longer in compliance with State standards. Mr. Robinson stated that it was his position that, once the streets were brought up to State's standards, he felt they should be accepted by the State even if some deterioration did occur before all final approvals had been obtained. County Engineer Richard J. Epling showed slides of various roads with drainage problems that had been accepted by the State and some that had not been accepted. (See Page 704 for Additions.J fi0~ MINUTES OF REGULAR MEETING, AUGUST 19, 1974 (CONTINUED) GREENVIEW RANCHES SUBDIVISION REQUEST FOR STREET MAINTENANCE Mrs. Joyce Simmons and Mr. David Manuel appeared before the Board to request assistance from the Commission with regard to having their roads brought up to State's standards so that they could be accepted into the State's Secondary Road System. Mrs. Simmons stated that their developer, Mr. Harold Greene, had told her on the telephone that he would bring the roads up to State's standards but that he had made no effort to do so. By common consent, Chm. Powell was authorized to write Mr. Greene in this regard. BUDGET TRANSFER - JUVENILE SERVICES County Manager Eller reported that, in the preparation of fiscal year 1974-1975 budget, the Juvenile Services Director had included funds for the xerox machine in his departmental supplies account rather than equipment rent. Mr. Eller recommended that the Commission approve the transfer of $700 from Account ~~11 522 33, Departmental Supplies, to Account ~~11 522 22, Equipment Rent, in the Juvenile Services budget. Upon motion by Comm. Wright, seconded by Comm. Davis, this transfer was unanimously approved as recommended by County Manager Eller. DISCUSSION OF LEASE AGREEMENT WITH SENCLAND COMMLINITY ACTION, INC. By common consent, action on a lease agreement with Sencland Community Action, Inc., was deferred to the meeting of September 3, 1974, and that Mr. McCluey Hewett, Director of the Neighborhood Youth Corps, would be invited to attend that meeting. CHANGE ORDER - PLUMBING CONTRACT, LEGION STADIUM County Manager Eller reported that the Legion Stadium Commission had approved a change order increasing the original contract with American Mechanical Contractors from $12,500 to $17,525 in order to provide plumbing fixtures needed to complete the field house at Legion Stadium and had requested that this change order be approved by the County Commis- sioners. Upon motion by Comm. Davis, seconded by Comm. Wright, this change order was unanimously approved. Csee Pa,qe 704 for Amendment. J DISCUSSION RE PURCHASE OF MASONBORO ISLAND Comm. Vaughan requested that by coumion consent the Chairman be authorized to write Governor Holshouser and tell him of the Commission's concern with the delay in purchasing Masonboro Island and request that this be prosecuted at an early date. This was agreed to by common consent. DISCUSSION OF PURCHASE OF CP&L BUILDING ,-County Manager Eller reported that he had contacted the owners of the Carolina Power arid Light Building with regard to purchasing this building and that they would contact him in this regard. LUNCH RECESS Chm. Powell recessed the meeting for lunch from 11:50 AM to 2:30 PM. EXECUTIVE SESSION Comm. Vaughan moved, seconded by Comm. Davis, that the meeting be recessed to go into executive session to discuss land acquisition and a committee appointment. Upon vote, motion carried unanimously. Chm. Powell recessed the meeting to go into executive session at 2:35 PM. Chm. Powell adjourned the executive session to go back into the regular session at 3:00 PM. MEETING WITH NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES At the meeting of August 5, 1974, the Commissioners had requested that the Board of Trustees of New Hanover Memorial Hospital meet with them at 3:00 PM on August 19 to discuss various items. Mr. Henry E. Longley, Vice Chairman of the Board of Trustees; appeared before the Board along with Mr. William F. Morrison, Director of the Hospital, and other members of the Hospital Board of Trustees. 1) The continuing problem over the interim holding facilities for mentally ill indigents. ' Sheriff H. G. Grohman stated that he would resolve this problem by making up his own holding room in the courthouse basement. The Board of Trustees of the Hospital stated that they would discuss this further with Sheriff Grohman to see if a solution of mutual satisfaction could be reached prior to his taking this action. 2) The concern expressed by the New Hanover-Brunswick-Pender Medical Society over the need for extra-care facility and intermediate-care facility beds. Comm. Vaughan asked that by common consent the Chairman be authoriaed to write the Medical Care Commission with regard to the need for nursing home beds, asking them for a study on this, and asking that they establish their position on this. This was agreed to by common consent. f~.~~ MINUTES OF REGULAR MEETING, AUGUST 19, 1974 (CONTINUED) MEETING WITH NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES (CONTINUED) 3) The decision to delete certain clinical tacilities proposed in the expansion program. The Hospital Board stated that it was their purpose to expand facilities to meet the needs, and it was not their plan to discontinue needed services. 4) Comm. Vaughan asked if there were some way Hospital Stamps or something could be given to the people of New Hanover County who were going to be.under a tremendous tax burden. Mr. Frank Pritchett, Comptroller of New Hanover Memorial Hospital, stated that this could not be done Legally and an evasion of the regulations could cost the Hospital its Medicare and Medicaid contracts. 5) Co~n. Vaughan asked if the members of the Board of Trustees had ever considered placing the Hospital under a professional hospital management association. Mr. Longley stated that, when the Hospital had first been built, food service had been contracted out but this had been taken over by the Hospital management which had improved the situation. (See PP. 704 and 705 for Additions.) REPORT ON STATUS OF COURTHOUSE ARCHITECT Chm. Powe11 reported that County Manager Eller had received a reply to his letter to the Attorney General seeking opinion as to whether or not, under the laws of North Carolina, there existed a conflict of interest on the part of Mr. Herber.t P. McKim, courthouse architect, who had recently been elected Chairman of the local Democratic Party. He stated that Mr. James F. Bullock, Deputy Attorney General, in his letter of August 15, 1974, had stated that no conflict of interest existed. Comm. Davis requested that Mr. Bullock's letter become part of the record which was as follows: "In your letter of August 12 you say that Mr. McKim, one of the architects commissioned by the County to design a new courthouse, has recently been elected Chairman of the local Democratic Party. You state that the County is in the planning process for a possible $12 million court and related facilities complex and that one of the County Commissioners had raised the question as to whether there would be a conflict of interest by virtue of the fact that one of the architects on the project is now Chairman of the local Democratic Party. 'The position of Chairman of the Democratic Party is not a public office and the architect is not an employee of the County but we assume, an independent con- tractor. We are unable to find any statute or rule of the common 1aw which would make this situation a conflict of interests prohibited by statute, common law, or public policy." APPOINTMENT OF COMM. VAUGHAN TO COASTAL RESOURCES ADVISORY COUNCIL Chm. Powell reported that the Coastal Area Management Act provided that a Coastal Resources Advisory Council be created that consisted of "one representative from each of the counties in the coastal area, to be designated by the respective Boards of County Commissioners." Comm. Wright moved, seconded by Comm. Davis, that Comm. Vaughan be appointed to serve as the County's representative on this Board. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Wright, and Chm. Powell. Abstaining: Comm. Vaughan. ADJOURNMENT Comm. Vaughan moved, seconded by Comm. Wright, that the meeting be adjourned to Monday, August 26, 1974, at 8:00 AM. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting to Monday, August 26, 1974, at 8:00 AM. Respectfully submitted, C_~~`' `~`~'~ Lise.K. King Clerk to the Board k MINUTES OF REGULAR MEETING, AUGUST 19, 1974 (CONTINUED) ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, August 26, 1974, at 8:00 AM in the Assembly Room, County Commission Building, Wilmington, North Carolina, to continue the meeting of August 19, 1974, which had been adjourned to this date and time. ~~~ MINUTES OF REGULAR MEETING, AUGUST 19, 1974 (CONTINt1ED) ASSEMBLY (CONTINUED) ~ Members present were Commissioners Peter R. Davis; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powe11; County Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. No members were•absent. Chm. Powell called the meeting to order. APPOINTMENT OF INTERIM AUDITOR Upon motion by Comm. Wright, seconded by Comm. Davis, County Manager Eller was unanimously appointed interim auditor for New Hanover County to be effective August 30, 1974. CERTIFICATION OF SOUTH WILMINGTON VOLUNTEER FIRE DEPARTMENT, INC. Upon motion by Comm. Davis, seconded by Comm. Wright, the roster submitted by the South Wilmington Volunteer Fire Department, Inc., was unanimously certified. MEETING WITH PROPERTY OWNERS AND TENANTS IN PROPOSED COURTHOUSE SITE Comm. Davis requested that a meeting with the property owners and tenants located in the proposed Courthouse site be put on the September 3 agenda at 10:30 AM. EXECUTIVE SESSION Comm. Wright moved, seconded by Chm. Powell, that the meeting be recessed to 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 8:20 AM. Chm. Powe11 adjourned the executive session to go back into regular session at 8:45 AM. TRANSFER OF FUNDS - PUBLIC SCHOOLS Comm. Davis moved, seconded by Comm. Wright, that the Board approve the purchase of the Silver Lake site for construction of the Mary C. Williams Elementary School and that $12,000 be transferred from Public Schools Capital Reserve Fund, Account ~k74 660 61, to Public Schools Capital Outlay Fund, Account ~{51 660 00, Land for Silver Lake School, for paving the road to the school. Upon vote, motion carried unanimously. DISCUSSION OF BOND ORDER County Manager E11er reported that the Bond Order for the new Courthouse had not been received from the bonding attorneys and requested that the meeting be adjourned to a date certain. ADJOURNMENT Comm. Vaughan moved, seconded by Comm. Davis, that the meeting be adjourned to Wednesday, August 28, 1974, at 8:00 AM. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 8:50 AM to Wednesday, August 28, 1974, at 8:00 AM. ' Respectfully submitted, ~ ~ ~~ Lise K. King Clerk.to the Board k MINUTES OF REGULAR MEETING, AUGUST 19, 1974 (CONTINUED) ASSEMBLY The New Hanover Board of County Commissioners met in regular session on Wednesday, August 28, 1974, at 8:00 AM in the Assembly Room, County Commission Building, Wilmington, North Carolina, to continue the meeting of August 19, 1974, which had been adjourned to this date and time. Members present were Commissioners Peter R. Davis; Vivian S. Wright; .. Chm. W. Douglas Powe11; County Manager, Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. Comm. Vaughan was absent. Chm. Powe11 called the meeting to order. AUTHORIZATION FOR FACSIMILE SIGNATURE FOR INTERIM AUDITOR Comm. Davis offered the follow.ing resolution and moved its adoption, seconded by Comm. Wright. RESOLVED that, pursuant to North Carolina General Statute 159-28, the New Hanover Board of County Commissioners does hereby authorize the use of a facsimile signature stamp in the use of signing checks and other documents by Dan W. Eller, Interim County Auditor, and that facsimile signature stamps be provided to the accountant for the New Hanover County Board of Education and the accountant for Cape Fear Technical Institute and said accountants are charged with custody of the stamps. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Wright, and Chm. Powell. Absent: Co~n. Vaughan. ~ ,~o~ MINUTES OF REGULAR MEETING, AUGUST 19, 1974 (CONTINUED) REPORT FROM INSPECTIONS COMMITTEE County Manager Eller advised the Commissioners that the Inspections Committee had requested that the Commissioners schedule their annual inspection of the volunteer fire departments sometime within the next two to three weeks. BOND ORDER AUTHORIZING THE ISSUANCE OF $7,800,000 PUBLIC BUILDING BONDS Comm. Davis introduced the following bond order which was read at length: "BOND ORDER AUTHORIZING THE ISSUANCE OF $7,800,000 PUBLIC BUILDING BONDS OF THE COUNTY OF NEW HANOVER." ~w J, ~l R,~ ~n \L1*\V ~~C~F~~C iL ~ iC i~C i~C~G~C WHEREAS, the Board of Commissioners of the County of New Hanover deems it advisable to make the improvements hereinafter described; and WHEREAS, the Board has caused to be filed with the Secretary of the Local Govern- ment Commission of North Carolina an application for Commission approval of the bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the application has been filed and accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover as follows: Section 1. The Board of Commissioners of the County of New Hanover has ascertained and hereby determines that it is necessary to construct a public building or buildings housing, without limitation, courtrooms and other court facilities, offices and conference rooms and facilities for law enforcement, including the acquisition and installation of the equipment and machinery required therefor and the acquisition of the necessary land or rights-in-land, and to pay the capital costs of such improvements, and to expend for said purpose not more than $7,800,000 in addition to any funds which may be made available for such purpose from any other source. Section 2. In order to raise the money required to pay the capital costs of constructing a public building or buildings as set forth above, bonds of the County of New Hanover are hereby authorized and sha11 be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of said bonds authorized by this bond order shall be $7,800,000. Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. Section 4. A sworn statement of the County's debt has been filed with the Clerk of the Board of Commissioners and is open to public inspection. Section 5. This bond order shall take effect when approved by the voters of the County of New Hanover at an election. Comm. Davis moved that the following resolution be adopted: WHEREAS, a bond order entitled PUBLIC BUILDING BONDS OF THE COUNTY of the Board of Commissioners held for the holding of a public hearing in connection therewith as required NOW, THEREFORE, "BOND ORDER AUTHORIZING THE ISSUANCE OF $7,800,000 OF NEW HANOVER", has been introduced at the meeting ~n August 28th, 1974, and the Board desires to provide thereon and the submission of a statement of debt by The Loca1 Government Bond Act; BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, as follows: (1) The public hearing upon said bond order sha11 be held on the 4th day of September, 1974, at 7:30 o'clock P. M., at the County Commission Building, in Wilmington, North Carolina. (2)_ The Clerk is hereby directed to cause a copy of said bond order to be pub- lished with a notice of such hearing in the form prescribed by law at least six days prior to such public hearing. (3) The County's Finance Officer is hereby directed to file with the Clerk, prior to publication of said bond order with the notice of such public hearing, a state- ment setting forth the debt incurred or to be incurred, the appraised value of property subject to taxation by the County and the net debt of the County. The motion having been seconded by Chm. Powell it was adopted by the following vote: AYES: Comm. Davis and Chm. Powell. NAYS: Comm. Wright. , Comm. Davis moved that the following resolution be adopted: ~~~ MINUTES OF REGULAR MEETING, AUGUST 19, 1974 (CONTINUED) BOND ORDER AUTHORIZING THE ISSUANCE OF $7,800,000 PUBLIC BUILDING BONDS (CONTINUED) WHEREAS, an •app~lication has been filed with the Secretary of the Local Government Commission requesting Commission approval of the bonds hereinbefore descrihed and notice of intention to make such application was published in the manner required by law; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, as follows: The action of the Chairman and Clerk of the Board of Commissioners in causing notice of intention to apply to the Local Government Commission for approval of $7,800,000 Public Building Bonds to be published as hereinbefore set forth and in filing application for approval of such bonds with the Secretary of the Local Govern- ment Commission is hereby ratified and confirmed. vote: The motion having been seconded by Chm. Powell it was adopted by the following AYES: Comm. Davis and Chm. Powell. NAYS: Comm. Wright. ARRIVAL OF COMM. VAUGHAN Comm. Vaughan arrived at 8:20 AM and advised the Clerk that he would have voted "aye" on the foregoing action by the Commission but that he had been detained by a wreck on Masonboro Loop Road. (See Page 705 for Addition.) ADJOURNMENT Comm. Wright moved, se•conded by Comm. Vaughan, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 8:25 AM. Respectfully submitted, ~~ ~ ~~~ Lise K. King Clerk to tHe Board k MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1974 ASSEMBLY The New Hanover County Board of Co~issioners met in regular session on Tuesday, September 3, 1974, at 9:00 o'clock A,. M. in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter IL. 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. Powell called the meeting to order. Comm. Wright offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING. AUGUST 19, 1974 Comm. Wright requested that on Yage byy under "SChool Pension System" the record show that the Board had agreed to receive the alternatives from Mr. Hutchison. Comm. Wright requested that on Page 701 under "Meeting with New Hanover Memorial Hospital Board of Trustees" the record show that the Board had been assured that there would be no substantial reduction in facilities liuilt from what had been proposed. County Manager Eller stated that on Page 700 under "Change Order - Plumbing Contract, Legion Stadium" the amount shown in the minutes was correct, but that he had reported the amount as $17,615. Comm, Vaughan requested that on Page 699 under "Discussion of Procedure for Accep- tance of Streets into State's Secondary Road System" the record show that County Engineer Epling and Comm. Vaughan had felt that there was perhaps some leniency on the part of the State in accepting these roads. Comm. Davis requested that on Page 699 under "Discussion of Procedure for Acceptance of 8treets into State's Secondary Road System" that it was brought out that New Hanover County was number 100 out of 100 counties in receiving secondary road £unds based on the formula used by the State in allocating these funds.