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HomeMy WebLinkAbout1977-04-04 Regular Meeting 10 10 MINUTES OF REGULAR MEETING, APRIL 4, 1977 ASSEMBLY The New Hanover County Board of conunissioners met in Regular Session on Monday, April 4, 1977, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Adminis- tration Building, Wilmington/'North Carolina. Members present were Conunissioners, George E. Alper; Karen E. Gottovi; Ellen C. Williams; Vivian S. Wright; Chairman Claud O'Shields, Jr.; County Manager Dan W. Eller; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Brown. No members were absent. Chrn. O'Shields called the meeting to order. o Rev. Harold Crocker of the Ogden Conununity-Advent Christian Church offered the invocation. PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF MACRAE AVENUE At their meeting of February 21, 1977, the Conunissioners adopted a Resolution of Intent to close that portion of MacRae Avenue - in Villa View of New Hanover County, North Carolina, running from Dick Avenue to Burke Avenue. Planning Director Richard -Fender reported that the Planning .Department had checked with all applicable agencies of the County and from a planning standpoint there was no reason for retaining the -right-of-way. Chrn. O'Shields asked if there was anyone present to speak for or against the closing of MacRae Avenue and Mrs. Ann Baker, representative of the petitioners, appeared before the Board to answer any questions they might have. No one appeared in opposition to this closing. Conun. Alper moved, seconded by Conun. Williams, that the Order to close that portion of MacRae Avenue in Villa View of New Hanover County, North Carolina, running from Dick Avenue to Burke Avenue be adopted. Upon vote, the motion carried unanimously. A copy of the Order is contained in Exhibit Book IV, Page 73. o DISCUSSION ON CARDINAL HEALTH AGENCY Mr. Gary Jennings, Executive Director of the Cardinal Health Agency, and three of the local members of the Board of Directors, Dr. Frank R. Reynolds, Mr. William F. Morrison and Mr. William C. Taylor, appeared before the Board to discuss the objectives and functions of the Cardinal Health Agency. Mr. Jennings gave the background and pur- pose of the Agency and presented the Commissioners with a list of its Board of Directors and By-laws. They then answered questions from the COmmissioners. DISCUSSION OF PROPOSED SCHEDULE FOR NEW HANOVER COUNTY REGIONAL WATER & SEWER SYSTEM The Conunissioners had been furnished copies of a proposed time schedule for the New Hanover County Regional Water & Sewer System Program. Mr. Henry von Oesen and Col.Paul S. Denison of Henry von Oesen & Associates, the consulting engineers, appeared before the Board to ,answer questions and discuss this proposed schedule with the Commissioners. It was agreed that t~e schedule was a tight one and the Board needed to get to work on it immediately. Chrn. O'Shields moved, seconded by Comm. Alper, that Comm. Williams and Gottovi serve on a committee to work with the County Manager and representatives from the City of Wilmington to work on the details involved. Upon vote, the motion carried unanimously. TEMPORARY CLASS DEVIATION FROM 40 CFR 35.925-18 (a) (3) 0 County Manager Eller explained the purpose of this temporary class deviation and stated that it simply meant that if the County did not receive. the EPA Grant for Step 2 design work for the 201 Facility, the County would pay 100% of the work done by Henry von Oesen & Associates. Mr. Eller reported that it was felt there was very little chance that EPA would not approve the request; therefore, the risk was not very great. Comm. Alper moved, seconded by Conun. Gottovi, to comply with this Temporary Class Deviation for Step II and guarantee that the County wOuld be responsible for the funds involved. Upon vote, the motion carried unanimously. / / _. o o o \ 11 MINUTES OF REGULAR MEETING, APRIL 4, 1977 (CONTINUED) DISCUSSION OF AMERICAN SHORE AND BEACH PRESERVATION ASSOCIATION Mr. Henry von Desen, Vice-President of American Shore'& Beach preservation~Associ- ation; presented the Conunissioners with copies of the American Shore & Beach 'Preservation magazine 'and requested that the Commissioners consider getting back into this organization. BREAK Chrn. O'-Shields recessed the meeting for a break from 9:55 o'clock a. m. to 10:04 o'clock a. m. PUBLIC HEARING Notice had been given that a public hearing would be held by 'the Board of Commissioner. of New Hanover County on Monday, April 4, 1977, at 9:30 a. m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to con- sider the following: PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE SOUTH SIDE OF OLEANDER DRIVE APPROXIMATELY 500 FEET WEST OF ENGLEWOOD DRIVE FOR AN OUT- DOOR RECREATIONAL FACILITY IN ZONING AREA #9B. Planning Director Richard Fender reported to the Board that the Planning Conunission had considered this application at its meeting of March 2, 1977, and recommended unanimous approval. The Planning Staff had also reconunended approval with some stipulations. Chrn. O'Shields asked if there was anyone present to speak in favor of ,this applica- tion and Mr. Tom Merrill, Representing the petitioners, presented drawings of the pro- posed water slide and requested approval of the Special Use Permit. Mr. Fender read the following stipulations which were recommended by the Planning Staff: 1. The plan as submitted and approved with the application for Special Use Permit; 2. ',That any lighting for the facilities be installed so, as not to reflect or shine directly onto adjacent residentially zoned properties; 3. That internal drives and off-street parking stalls be adequately marked; 4. That there shall be a paved or otherwise improved parking area with marl or ,comparable base material to insure safe and passable traffic flow; and 5. That this Special Use Permit shall comply with all supplemental regulations and restrictions imposed by the Zoning Ordinance and any other applicable Federal, State or local ordinances. ' Chrn. O'Shields asked if there was anyone present to speak in opposition to this application and Mrs. Joyce Vietto appeared before the Board to request clarification on several points concerning drainage. COMM. ALPER LEFT THE..'MEETING TEMPORARILY AT 10:29 O'CLOCK A. M. 'County Engineer RobertWilliarns 'reported that the proposed plan compl~ed with, the Sedimentation and' Erosion Control Ordinance. After the Conunission had considered the following four items and fOllI\d them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all 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 harxrony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Gottovi moved to approve the application for the Special Use Permit with the stipulation that the hours end at 11:00 p. m. and the other conditions as recommended by the Planning Commission. After further discussion Comm. Gottovi amended the stipulation to end the hours at 11:00 p. m. except on legal holiday weekends between April 1 and September 15. Comm. Williams seconded the motion and upon vote, the motion carried as follows: Voting Aye: Conun. Gottovi, Williams, Wright and Chrn. O'Shields Temporarily Absent: Conun.' Alper 12 p. MINUTES OF REGULAR MEETING, APRIL 4, 1977 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY WITHIN THE WATERFORD SUBDIVISION NORTH OF HORNDALE ROAD FOR A PUBLIC UTILITY BUILDING OR USE IN ZONING AREA #4. Planning Director Richard Fender reported that this application had been approved by County and State Agencies and'the Planning Commission had considered this application at its meeting on March 2 and both the Planning ,Commission and Planning Staff recommended approval. Chrn. O'Shields asked if there was anyone present to speak in favor of or against this application for Special Use Permit and no one appeared in this regard. After the Commission had considered the following four items and found them to be 0 fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all 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. Williams moved, seconded by Comm. Gottovi, that this Special Use Permit be issued based on the same conditions as recommended by the Planning' Commission. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chrn. O'Shields Temporarily Absent: Conun. Alper PUBLIC HEARING', TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE NORTH SIDE OF U. S. HWY. 17 APPROXIMATELY 1,000 FEET NORTHEAST OF ALEXANDER ROAD FOR A STABLE IN ZONING AREA #4. Planning Director Richard Fender repOrted' that this application met Health Department requirements and the Planning Commission had considered, this application at its meeting on March 2, and both the Planning Commission and Planning Staff recommended approval. Chrn. O'Shields asked if there was anyone present to speak in favor of or in opposi- tion to this application and Mrs. Janice Williams appeared to answer any questions from the Board. o After the Commission had considered the fOllowing four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not sub- stantially injure the value 'of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Williams moved, seconded by Comm. Gottovi, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion carried as follows: Voting Aye: Corom. Gottovi, Williams, Wright and Chm. O'Shields Temporarily Absent: Conun. Alper PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY AT THE NORTHWEST CORNER OF CAROLINA BEACH ROAD AND SUNNYVALE DRIVE FOR STORAGE IN ZONING AREA #9B. Planning Director Richard Fender reported'that the Planning Commission had considered this application at its meeting of March 2, and both the Planning Commission and Planning Staff recommended approval with the following stipulations: 1. Plan as submitted and approved with the application for Special Use Permit; 2. No flammable, poisonous or perishable materials shall be permitted to be stored on the site; and 3. That this Special Use P~rmit shall comply with all other supplemental regulations and restrictions imposed by ,the Zoning,Ordinance and any other applicable Federal, State or local ordinances. o Chrn. O'Shields asked if there was anyone present to speak in favor of this applica- . c tion, and Mr. B. B. W1lloughby appeared to answer questions from the Board. No one appeared in opposition. / o o o - < ,',.:,-,{. ;.' 13 MINUTES OF REGULAR MEETING, APRIL 4, 1977;'.'(CONTlNUED) SPECIAL USE PERMIT FOR STORAGE (CONTINUED) ... , After the Commission had considered the following four items and found them to be _. - , ' I fact, (a) that the use would not materially endanger the public health or safety if located where propOsed and developed according to the plan as submitted and app~oved;' (b) that the use met all. 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. Williams moved, seconded by Chrn. O'Shields, ,that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion carried as follows: Votine Aye: Comm. Gottovi, Williams, Wright, and Chrn.'O'Shields Temporarily Absent: Comm. Alper PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE NORTH SIDE OF NORTH KERR AVENUE APPROXIMATELY 1,000 FEET WEST OF BLUE CLAY ROAD FOR A PRIVATE CLUB OR LODGE IN THE AIRPORT ZONING AREA. Planning Director Richard, Fender reported that the Planning Commission ,had con- sidered this application at its meeting on March 2 and recommended approval. The Plan- ning Staff had recommended denial because of the close proximity to the end of'Runway #16 of the New Hanover County Airport. After the Commission had considered the following four items and found, them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use ,met all required conditions and specifications; (c) that the use would not substantially injure the value bf 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. Gottovi moved, seconded by Comm. Williams, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Chrn. O'Shields asked if there was anyone present to speak in favor of or in opposition to this request and no one appeared in this regard. Upon vote, Comm. Gottovi' s motion for approval carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chrn. O'Shields Temporarily Absent: Comm. Alper PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY AT 325 FOREST PARK ROAD FOR A MACHINE & WELDING SHOP IN ZONING AREA #9B. Planning Director Richard Fender reported that this was actually an addition to an existing Special use Permit and the Planning Commission had considered this applica- tion,at its meeting on March 2 and both the Planning Commission and Planning Staff recommended approval. ' Chrn. O'Shields asked if there was anyone present to speak in opposition to or in favor of this application and no one appeared in this regard. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all 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. Wright ,moved, s~conded by Comm. Williams, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, williams, Wright and Chm. O'Shields Temporarily Absent: Conun. Alper 14 /'"/ MINUTES OF REGULAR MEETING, APRIL 4, 1977 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE SOUTH SIDE OF NESS DRIVE APPROXIMATELY 900 FEET WEST OF OAKLEY ROAD FOR A MOBILE HOME IN ZONING AREA '#lOA. Planning Director Richard Fender reported that the Planning Commission had considered this application at its meeting on March 2 and the Planning Commission-and Planning Staff both recommended approval. Chrn. O'Shields asked if there was anyone present to speak in favor of or in opposi- tion to this application and no one appeared in this regard. After the Commission had considered the following four items and found them to be 0 fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all 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, Chrn. O'Shields moved, seconded by Comm. Wright, that this Special Use Permit be is~ued based on the same conditions as recommended by the Planning. Commission. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chrn. O'Shields Temporarily Absent: Comm. Alper PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EASTWOOD ROAD AND CARDINAL DRIVE FROM R-15 (RESIDENTIAL DISTRICT) TO 0 & I' (OFFICE & INSTITUTIONAL DISTRICT) IN ZONING AREA #9B. Planning Director Richard Fender reported that there was a question as to whether or not this would be spot zoning. He stated the Planning Commission had considered this application at its meeting of March 2, and both the Planning Commission and Planning Staff had recommended denial. Mr. Fender'stated the reasons for the Staff's recommenda- tion of denial to the Planning Commission. o Attorney Addison Hewlett appeared before toe Board as' ,a representative of the petitioner to request the Board approve this rezoning request. Dr. Howard,.,the dentist who was proposi,ng a',building on the property, and Mr. Stanley Rehder also appeared to request approval of this rezoning request. Dr. Howard showed the Board a drawing of the building he proposed to erect. Mr. John Maye, a resident of the area, also appeared to state that ~he had no Objec- tions to a dentist's office in the area. Chrn. O'Shields asked if there was anyone present to speak in opposition to this application and no one appeared in opposition., County Attorney Fox gave his opinion on the question of whether or not it could be considered spot Zoning. Conun. Gottovi moved, seconded by COnun. Wright, approval of the rezoning and adoption of the ordinance entitled "An Ordinance 'of the County of New Hanover Amending the Zoning Map of Zoning Area #9B of New Hanover County, North Carolina, adopted July 1, 1972". Upon vote, the motion carried as follows: Voting ,Aye: COmm. Gottovi, Williams, Wright and Chm. O'Shields Temporarily Absent: Comm. Alper o A copy of the Ordinance is contained in Zoning Ordinance Book I, Section 9B, Page 30. TABLING OF ,PUBLIC HEARING TO CONSIDER AN APPEAL FROM 'THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERTY LOCATED AT THE SOUTHWEST SIDE OF MIDDLE SOUND LOOP ROAD APPROXIMATELY 750 FEET SOUTH OF U. S. HWY. 17 FROM R-15 (RESIDENTIAL DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA #8B. (CONTINUED ON PAGE 15). o "0 o .; :~.',)~, ~;'~''';''~', ~~:fl.: . 15 MINUTES OF REGULAR MEETING, APRIL 4, 1977 (CONTINUED) ~ ~0' TABLING OF PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE FAILURE OF THE PLANNING COMMISSION TO RECOMMEND APPROVAL OF AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE SOUTHWEST SIDE OF MIDDLE SOUND LOOP ROAD APPROXlMATELY7S0 FEET SOUTH OF U. S. HWY. 17 FOR BOAT STORAGE IN ZONING AREA #8B. Comm. Wright moved, seconded by Comm. Gottovi, that, at the request of ,the attorney for the petitioner, both of these appeals be tabled until April 18, 1977, at 9:30 a. m. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chrn. O'Shields Temporarily Absent: Comm. Alper PUBLIC HEARING ro CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE NORTH SIDE OF U. S. HWY. 17 APPROXIMATELY 1,000 FEET SOUTH OF, PORTER'S NECK ROAD FOR AN OUTDOOR RECREATIONAL FACILITY IN ZONING AREA #8B. Planning Director Richard Fender reported that the Planning this application at its meeting of March 2 and both the Planning Staff recommended denial. Mr. Fender stated' th~'reasons for the for this Special Use Permit for a Go-Cart track.' Commission had Conunission and recommenda'tion considered Planning of denial COMM.' ALPER RETURNED AT 11:30 A. M. AND WAS PRESENT FOR THE REST OF THE 'MEETING. Mr. Fender read a petition signed by 17 residents of the area who were in opposition tO,this application for special Use Permit. ChID. O'Shields asked if there was anyone present to speak in favor of this 'Special Use Permit and Mr. C. M. Skipper an?, Mrs. W'cA:: Buck, Jr. appeared to request approval of th~ application. Two of the ladies who had signed the petition in opposition 'to the'Special Use Permit appeared before the Board to request denial of the application. Mr. Ted Sampley and Mr. Bob Andreas also offered their comments on this matter. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health'or safety if located where proposed and developed according to the plan as submitted and approved; (b)' that the use ,met all 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, Conun. Gottovi moved, seconded by Conun. Alper, that this Special Use Permit, be denied. Upon vote, the motion carried as follows: (See Page 19, for correction deleting this paragraph Voting Aye: Conun. Alper, Gottovi and Wright except for the motion and vote. ) Voting Noe: Comm. Williams and Chrn. O'Shields BREAK Chrn. O'Shields recessed the meeting for a break from 11:S6 o'clock a. m. to 12:10 o~clock p. m. SALE OF CITY/COUNTY OWNED PROPERTY The Commissioners had been furnished a list of property which was recommended by the staff to be sold for the bids indicated and a list of property which the staff did not recommend.be sold for the bids receiveda Conun. Alper requeste? that parcels Q-4 and Q-S on 17th Street be ':ejected.: ,After further discussion, Comm. Gott~vi moved, seconded by Chrn. O'Shields, to sell the property for the bids as indicated and readvertise those indicated. Upon vote, the motion carried unanimously. A copy of the list of property is contained in Exhibit Book IV, Page 74. ....., 16 /6 MINUTES OF REGULAR MEETING, APRIL 4, 1977 (CONTINUED) DISPOSAL OF SURPLUS RADIO EQUIPMENT County Manager Eller reported that as a result of the Sheriff's Department converting to a new radio conununication system, they had released as surplus 9 mobile radios, 2 walkie talkies and 2 remote stations. Mr. Eller recommended that the radios be used as follows: 2 walkie talkies to be used by Building & Grounds Division 1 mobile unit for County pickup truck 4 mobile units and the base station to be used for Health Dept. for communication with the sanitarians. 4 mobile units and 1 remote station to be donated to the New Hanover County Fire 0 Inspection Committee for distribution to the Volunteer Fire Departments. Comm. Alper moved, seconded by Comm. Wright, approval of the disposal of the surplus radio equipment as outlined by the County Manager. Upon vote, the motion carried unanimously. RESALE OF FORECLOSED PROPERTY The Commissioners had been furnished background information by the Tax Administrator on the property located at 304 Wooster Street which had been acquired by New Hanover County and the City of Wilmington through foreclosure against Mrs. Bes~ie Langley. The Tax Administrator was requesting' directibn from the Board as to whether or not they desired to resell the property to the owner in accordance with G. S. 105~367(C). Mr. S. Jack Corbett appeared before the Board to protest the resale of the fore- closed property at 304 Wooster Street as he 'had been bidding on the property in 'an attempt to acquire it for some clients. Mr. Corbett contended that if the County was going to offer property for sale, it was unfair to the bidders for the County to resell it to the owners when higher bids had been received. County Attorney Fox explained the legal aspects involved stating that the owners could contest the foreclosure within one year after the property had been foreclosed on. Comm. Williams moved, seconded by Comm. Alper, to let this property go ahead through the bidding process and let the owner bid on it if he wished. Upon vote, the motion carried unanimously. REPAIRS TO ANIMAL CONTROL CENTER The Commissioners had requested the County Manager to determine the cost of making certain repairs to the Animal Control Center, and the Building & Grounds Division had estimated the cost at approximately $15,046 to make the necessary repairs and renovations. County Manager Eller explained what work ,was involved and that the kennels on the inside would need to be replaced but the cost for this had not yet been obtained. Mr. Eller recommended that funds be included in the 1977/78 budget for this purpose. o DISCUSSION ON CHANGING DOG ORDINANCE Comm. Gottovi requested information on the possibility of drawing up a stronger Dog Ordinance and requested that this be discussed at a later meeting. County Attorney Fox agreed to obtain a copy of the Forsyth County Ordinance for the Commissioners. review and discussion. PERMITS FOR USE OF COMMISSIONERS' ASSEMBLY ROOM AND COURTHOUSE The Commissioners had been furnished copies of a proposed permit for use of County buildings. County Manager Eller reported some of the problems that had been encountered. Chrn. O'Shields moved, seconded by Comm. Alper, to allow the facilities to be used but that no admission fee would be charged for attendance, no items would be offered for sale and 'no donations would be solicited. Chrn. O'Shields restated his motion that the permit be adopted as it was presented. 0 Comm. Alper seconded the motion and upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi and Chrn. O'Shields Voting Noe: Comm. Williams and Wright DISCUSSION ON CETA TITLE VI FUNDS County Manager Eller stated that there was not much new to report on this matter. He stated that Personnel Director Gary Cannon had met with the people in Raleigh and it appeared that there may be about 8 positions that could be added because of the level the County was at on February 1, but it would probably be necessary to work up a project application. The Office of Employment & Training had advised Mr. Cannon not to do any- thing about this for a few days. ,;. I / o o o - ~.,,'.,,' 17 MINUTES OF REGULAR MEETING, APRIL 4, 1977 (CONTINUED) PROPOSED BUDGET FOR RECREATION County Manager 'Eller had furnished the recreation and requested direction from the budget for 1977/78. Commissioners with a suggested budget ,for . Board on'whether or'not to include this in I the Chrn. O'Shields stated that he felt this was a step in the right direction and moved, seconded by Cornrn. Alper, that this become part of the County budget considerations for 1977/78. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi ,and Chrn. 0' Shields Voting Noe: Conun'. Williams and Wright DISCUSSION ON MAIL DELIVERY TO COMMISSIONERS BY COUNTY EMPLOYEES County Manager Eller reported that it was costing about $18 to $20 a week for mail delivery to the Commissioners and suggested that since the Building & Grounds Division had a car that they used in running errands, he felt it might be a savings if they de- livered the Commissioner5 mail once or twice a week. It was the concensus of the Board that they would prefer to receive their mail on a daily basis, but felt only items that required immediate attention need be mailed and others could be kept in the office to be picked up whenever they came in. DISCUSSION CONCERNING COUNTY ATTORNEY REPRESENTING VOLUNTEER FIRE DEPARTMENT County Attorney Fox had received a request from the Castle Hayne Volunteer Fire Department to represent them at a loan closing and needed to know whether or not the County was willing to pay the expense of his representing these agencies. i"."_' County Manager Eller recommended that the County Attorney should not represent any groups that were not a part of the County Government itself, at the County's expense, even though these people provided a real service to the ,County. It was the concensus of the Board that Mr. Fox should represent only coUnty Departments. BUDGET AMENDMENT - 1974 AND 1975 TAXES FOR PUBLIC SCHOOLS County Manager Eller reported that it was necessary to turn taxes for 1974 and 1975 over to the public schools which were levied for that purpose. The estimates .for 1974 and 1975 had been exceeded by approximately $52,000. Finance Officer Felix Cooper explained the technicalities involved and requested the Commissioners approve the following budget amendment necessary to properly account for these funds: Debit - Acct. No. 52 301 01, 1975 Taxes -Ad Valorem $35,000 - Acct. No. 52 301 02, 1974 Taxes - Ad Valorem 17,000 Credit - Acct. No. 52 660 95, Public Schools Reg. Fund $34,320 - Acct. No.,52 660 99, Public Schools Supplementary Fund 11,960 - Acct. No. 52 660 97, Public Schools Textbook Fund 520 - Acct. No. 52 660 98, Public Schools Capital Outlay Fund 5,200 Chrn. O'Shields moved, seconded by Comm. Gottovi, that the budget changes be made as requested. Upon vote, the motion carried unanimously. BUDGET AMENDMENT - COLE-LAYER-TRUMBLE The Commissioners had approved a Settlement Agreement with Cole-Layer-Trurnble Company at their meeting of March 28, and County Manager Eller requested the Board to approve the following budget amendment in order to pay them the funds. Debit - Acct. No. 73 299 00, Reappraisal - Unappropriated, Fund Balance $81,124 Credit - Acct. No. 73 575 04, Reappraisal - Professional Services $81,124 Cornrn. Alper moved, seconded by Comm. Gottovi, to amend the budget as requested to pay Cole-Layer-Trurnble. Upon vote, the motion' carried as follows: Voting Aye: Cornrn. Alper"Gottovi, Williams and Chrn., O'Shields Voting Noe: Cornrn. Wright 18 18 \ MINUTES OF REGULAR MEETING, APRIL 4, 1977 (CONTINUED) BUDGET AMENDMENT - SOCIAL SERVICES County Manager Eller explained the following budget amendment requested by the Department of Social Services in order to cover appropriation deficiencies and to purchase a compressor and fan motor for the air conditioner on the third floor of their building: General Fund Debit - Acct. No. 11 350 08, State Reimbursement for Administration $21,750 Credit - Acct. No: 11 610 15, M & R - Buildings & Grounds $ 1,750 - Acct. No. 11 663 19, Transfer t9 Public Assistance Fund 20,000 Public Assistance Fund Debit - Acct. No. 41 397 11, Transfer from General Fund $20,000 Credit - Acct. No. 41 610 07, Medical Aid to Indigent $20,000 o Upon motion by Conun. Gottovi, seconded by Comm. Alper, the above budget amendment requested for Social Services was unanimously 'approved. DISCUSSION ON INFORMATION BOOKLET OF COUNTY ACTIVITIES Comm. Gottovi suggested the possibility of an informational booklet on County activities that she felt the community would find interesting and helpful and would be good public relations. ARTS COUNCIL LUNCHEON Chrn. O'Shields reminded the Commissioners ,that they had been invited to a luncheon at the Arts Council on April 13th. APPROVAL OF FINAL PLAT - ARJEAN BY THE SOUND Mr. Jack Stocks, a local surveyor, appeared before the Board to request final plat approval of Arjean by the Sound. Planning Director Richard Fender reported that the preliminary approval had been granted at a Subdivision Review Committee meeting on March 31, 1977, and it had been 0 too late to get on the agenda for this Commissioners' meeting. He stated that there were no problems with the Plat, and the Staff had recommended approval. COmm. Williams moved, seconded by Conun. Wright, approval of the Final Plat of Arjean by the Sound. upon vote, the motion carried unanimously. ADJOURNMENT Comm. Alper moved, seconded by Comm. Williams, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chrn. O'Shields adjourned the meeting at 1:35 o'clock p. m. Respectfully submitted, ~4.~~ Alyce B. Brown Clerk to the Board ab MINUTES OF REGULAR MEETING, APRIL 18, 1977 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monddma~, . 0' April 18, 1977, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County A 1n1S- tration Building, Wilmington, North Carolina; Members present were Commissioners, George E. Alper; Karen E. Gottovi; Ellen C. Williams; Vivian S. Wright; Chairman Claud O'Shields, Jr.; County Manager Dan W. Eller; Attorney Joseph O. Taylor of the ,County Attorney's Office; and Clerk to the Board, Alyce B. Brown. No members were absent. Chrn. O'Shields called the meeting, to order. Rev. Horace Jackson of Sunset Park Baptist Church offered the invocation.