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1977-07-05 Regular Meeting o o o 65 MINUTES OF REGULAR MEETING, JULY 5, 1977 ASSEMBLY , I The,New Hanover, County Board, of, Commissioners met in. Regular Session on TUesday, July 5, 1977, at 9:00 o'clock a. m. in the Assembly Room, New Hanover COuntyAdmin~stra- tion Building, Wilmington, NOrth Carolina. Members present were Commissioners George E. Alper; Karen E. Gottovi; Ellen C. Williams; Chairman Claud O'Shields, Jr.; County Manager Dan W. Eller; County Attorney James C. Fox and Clerk to the Board, Alyce B. Brown. Comm. Vivian S. Wright was absent. Chm. O'Shields called the meeting to order. Rev. B. 'H. Baskerville of Chestnut Street Presbyterian Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, JUNE 20,,1977, AND SPECIAL MEETING, JUNE 27, 1977 Comm. Alper moved, seconded by Comm. Gottovi, approval of the Minutes of the R\,gular Meeting of June 20, 1977, and the Special Meeting of June. 27, 1977, as ,presented. Upon vote, the motion carried as follows: Voting Aye: Comm. ,Alper, Gottovi,. Williams, and'Chm. O'Shields Absent: Comm. Wright RETIREMENT PRESENTATION - MRS. MAE STUART Chm. O'Shields presented a medallion of the ,County Seal to l-!rs. Mae stuart, Listing Supervisor in the Tax Office, upon her retirement ~hich was effective on June 13, 1977. APPEAL OF SAND DUNE PERMIT The Commissioners had received an appeal from Mr. & Mrs. Jack of a sand dune permit to Mr. Elwood Barnes for construction in the of the CoUl:,ty south of Kure Beach. ,\ . Bayer on ,the issuance unincorporated -area County Engineer Robert M. Williams, Jr. gave the background on the issuance of the permit to Mr. Elwood Barnes and, reported on the progress of the construction. Mr,. Frank Martin, attorney representing Mr. & Mrs. Bayer, sq,ted his objections to the way the permit had been issued and the notice required to the adjacent landowners. Mr. Amos Dawson of the Attorney General's Office stated theLconcerns the State had with the County Ordinance and suggested some modifications to it. County Attorney James Fox commented that the County'Ordinance had been modeled after one that was furnished by the State and explained to the Board the issue that was before them to be determined. Mr. David Barefoot, attorney representing Mr. & Mrs. Barnes, offered his opinions on the matter' to be determined. County Attorney Fox suggested that, since this hearing was being held by the Board of Commissioners in a quasi-judicial capacity, he felt that it would be well ~o~ the attorneys to present their cases to the Board, and the following persons appear~d: Mr. Martin presented his case for Mr. & Mrs. Bayer. Mr. Dawson presented the State's case. Mr. Bob Jamieson,:)F~~ld Office Manager:of. the Department of Natural & Economic.Re- sources and Community Development Office, gave his opinions on ,how the dunes could be weakened. Mr. Tom Jarrett of the Corps of Engineers Coastal Engineering Study Section gave his opinions on the protection value of the dunes ,and how they could be weakened. Comm. Gottovi moved to find as fact that the sand dune had been weakened and that construction cease. The motion died for lack of a" second. Mr. Barnes offered his comments. Attorney Martin requested that the parties be afforded a reasonable opportunity to submit proposed findings of fact and conclusions of law. " County Attorney Fox recommended that 'these facts be furnished to the Board within a week and the final decision could be rendered at the following, meeting. 66 MINUTES OF REGULAR MEETING, JULY 5, 1977 (CONTINUED) SAND DUNE ,PERMIT (CONTINUED) Chm. O'Shields suggested that the facts be submitted by Monday, July 11, and,that a Special' Meeting be set' for Tuesday; July, 12, at ,9:00 o'clock a. m. to act on the" matter. Mr. Dawson commented and suggested that, while the Commissioners were waiting for the proposed findings of fact, Mr. Barnes, Mr. Jamieson, Mr. williams and the County Health Inspector meet and discuss the possibilities of any alternatives so the Commissioners would, be aware of them in solving the problem. Mrs. Barnes,offered her comments on' the matter. Mr. 'TOm McKay, a property owner. in the area, offered his comments. o BREAK Chm. O'Shields recessed the meeting for a break from 11:23 o'clock to 11:35 o'clock a. m. PUBLIC HEARING Notice had been published that a public hearing would be held by the Board of Com- missioners of New Hanover County on Tuesday, July 5, 1977, at 9:30 a. m. in the Assembly'Room of the County Administration Building, 320 Chestnut Street, Wilmington North Carolina, to consider the following: CONTINUING OF PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLAN~ NING COMMISSION TO DENY REZONING PROPERTY LOCATED AT 211 SUMMER REST ROAD (BOWDEN NURSING HOME) FROM R-20 (RESIDENTIAL DISTRICT) TO 0 & I (OFFICE & INSTITUTIONAL DISTRICT) IN ZONING AREA #2. This item had been tabled from the meeting of June 6, and Chm. O'Shields stated that he had received'a request from the opposing parties'to continue it again. Chm. O'Shields moved, seconded by Comm..Alper, that this request be continued to the first meeting in August. Upon vote, the motion carried as follows: Voting Aye: Conun. Alper, Gottovi; Williams and Chm. O'Shields o Absent: Comm. Wright PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED AT THE NORTHEAST CORNER OF OLEANDER DRIVE AND BAGLEY AVENUE FROM R-15 (RESIDENTIAL DISTRICT) to B-2 (BUSINESS DISTRICT) IN ZONING AREA #9B. Planning Director Richard Fender reported that the Planning Commission had considered this request at its meeting on June 1, and unanimously reconunended approval while the Planning Staff had'recommended denial. COnun. Alper moved, seconded by Comm. Williams, that the request be denied. Chm. O'Shields asked if there was anyone present to speak in favor of this request and the following persons appeared before the Board to speak in favor of the rezoning: Mr, W. J. Newell, the petitioner Mrs. Alta Marsh Mr. Jack Courtwright, representing Mr. Tardugno, an area property owner. Chm. O'Shields asked if there was anyone, present to speak in opposition and the following persons appeared in opposition to this request: Mr. Ray Faulk of Seagate Baptist Church Mr. Harold Miller Upon vote, Comrn. Alper's motion for denial carried as follows: o Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED AT THE NORTHEAST CORNER OF OLEANDER DRIVE AND BAGLEY AVENUE FOR A SEAFOOD MARKET. Planning Director Richard Fender reported that this request was contingent upon the property being rezoned'and since the rezoning was denied, County Attorney Fox advised that there was no reason to hear this item as the request could not be granted. o o o - ":' 1.~.. ", _, \.~ .;. .". ,. -.,. , 67 MINUTES OF REGULAR MEETING, JULY 5, 1977 (CONTINUE.i:!) PUBLIC HEARING TO ,CONSIDER AN 'APPLICATION FOR SPECIAL USE PERMIT TO, USE PROPERTY LOCATED ON THE WEST SIDE OF THE EASTERN'SECTION OF OAKLEY LOOP ROAD APPROXIMATELY 1,200, FEET SOUTH OF OAKLEY ROAD FOR A M)BILE HOME. Planning Director Richard Fender reported that this item had been considered by the Planning,Commission at its meeting on June 1. and both' the 'Planning Commission and Planning Staff recommended approval. Chm. O'Shields asked if there was anyone present to speak.in favor of or in opposi- tion to this request 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 usei if developed ac- cording 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 P!anning Com- mission. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright :/ Ii I,' was granted meeting 'on ~ APPROVAL OF FINAL SUBDIVISION PLAT - AIRPORT INDUSTRIAL PARK; SECTION 1 Mr. Harry Oakes of the Planning Department reported that this plat final approval at the Planning Commission, Subdivision Review Committee June 27, 1977. COmm. Williams moved, seconded by Comm. Gottovi, approval of the Final Plat of Airport Industrial Park, Section 1. 'Upon vote, the motion carried, as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Ab~ent: Comm. Wright " APPROVAL OF FINAL SUBDIVISION PLAT - CAVALIER WOODS, SECTION 1 Mr. Harry Oakes of the Planning Department reported that conditional final' approval was granted' on', Cavalier WOOds, S';ction 1, at the Planning, COmmission, Subdivis~o':' Review Committee meeting on,: June 27, 1977, and that the conditions, had been met. ' Comm. Williams moved, seconded by Chm. 0' Shields, approval of the Final Plat of Cavalier Woods, Section 1, subject to its being signed by the Chairman of the Planning Commission. Upon vote, the motion carried as follows: Voting Aye: COlnm. Alper, Gottovi, Williams and Chm. O'Shields Absent: COlnm.~Wright "," '. APPROVAL OF FINAL SUBDIVISION PLAT - PART OF SECTIONS F & G OF LANSDOWNE ESTATES Mr. Harry Oakes of the Planning Department reported that a conditional final approval was granted at the Planriing.Commdssion, Subdivision ~eview Committee meeting on June 27, 1977, and these conditions had been met. Comm. Alper moved, seconded by Comm. Gottovi, approval of the ,Final Subdivision Plat ,of part of Sections F & G of Lansdowne Estates, subject to the Planning Commission Chairman's signing the plat. Upon vote, the motion carried as follows: Voting Aye: . COmm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright APPROVAL OF FINAL ELAT OF EDGEWATER, 'SECTION 1 Mr. Harry Oakes of the Planning ,Department reported that this plat was granted a conditionai final approval at the Planning COmmission, Subdivision Review Committee meeting on June 27, 1977,,' and the conditions of, approval. had been met. ' 68 MINUTES OF REGULAR MEETING, JULY 5, 1977 (CONTINUED) FINAL PLAT - EDGEWATER, SECTION 1 (CONTINUED) Conun. Williams moved, seconded by Conun. Gottovi, to approve the final plat of Edgewater, Section 1. Upon vote, the motion carried as,:follows:, Voting Aye: COmm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright DISCUSSION CONCERNING LOCAL PUBLIC WORKS FUND ALLOCATION Carolina Beach Mayor, Richard Kepley, and Town Manager, Sheila Davis, appeared be- fore the Board to request funds in the amount of approximately $20,000 under the Local 0 Public Works Act. These funds were being requested to assist the people in the Seabreeze/ Myrtle Grove Sound Area in remodeling a community building in their area. Mr. Kepley reported that these people had worked hard and raised funds for this' work but they I' needed additional help. After further discussion, Conun. Williams volunteered to work with the people in this area to help them find a source of funds for their building. ADOPTION OF RESOLUTION EXPANDING MEMBERSHIP OF LOWER CAPE FEAR WATER & SEWER AUTHORITY The Commissioners were asked to adopt a resolution approving the expansion of the membership of the Water & Sewer Authority by adding 3 members from Brunswick County and 1 member from Pender County. Chm. O'Shields explained the reason for this request and reported on the status of the authority. Comm. Alper moved, seconded by Comm. Williams, to'endorse this request because the more that are involved, the more power we would have, and to adopt the resolution approving the expansion of the Authority by adding 3 members from Brunswick County and 1 from Pender County. Upon vote, the motion carried as follows: Voting Aye: Conun. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright A copy of the Resolution is contained in Exhibit Book V, Page 15. o LUNCH BREAK Chm. O'Shields recessed the meeting for lunch from 12:27 o'clock p. m. until 1:40 o'clock p. m. APPROVAL OF TITLE XX CONTRACTS Mr. Walt Love of the Department of Social Services presented the following Title XX Contracts for approval and requested that they be dated as of July 1, 1977: Northside Center Consumer Credit Counseling Information' & Referral Service Comm. Gottovi moved, seconded by Comm. Alper, to approve the Contracts as requested and backdate them to July 1, 1977. Upon vote, the motion carried, as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Conun. Wright APPROVAL OF 5-YEAR CAPITAL IMPROVEMENT PROGRAM Consideration of this item had been tabled from the meeting of June, 20 in, order to give Chm. O'Shields an opportunity to review the tapes of that meeting since he was not present. Chm. 0' Shields reported that he had listened to the tapes of the meeting and moved, 0 seconded by Comm. Gottovi, to adopt the 5-year Capital Improvements program. County Manager Eller reported on'the changes that had been made by funding some of the programs in this fiscal year and other suggested changes in the program. Comm. Williams and'Comm. Alper stated for the record that they ,did not approve of the $50;000 proposed expenditure for the Civic Center. Conun. Gottovi: made a substitute motion to approve the Capital ,Improvement Program as presented minus the $50,000 for the Civic Center. o o o "..A.; 69 MINUTES OF REGULAR MEETING, JULY 5, 1977 (CONTINUE[)) CAPITAL. IMPROVEMENT PROGRAM . (CONTINUED) County Manager 'Eller stated that before the vote was taken he wanted the Board to know that he was not strong on his recommendation ,for the additional space for, the Department of Social Services, and he felt that with changes in scheduling, their space would be adequate for awhile. Cornm. Gottovi amended her substitute motion to approve the 'Capital Improvement Program with the deletion of the 'Civic Center and moving forward to 1979/80 the,Depart- ment of Social Services office space request. COmm. Williams requested that the record, show that she did not approve of the recreation portion of the program. Cornm. Alper seconded Comm. Gottovi' s amended substitute motion. Upon vote, the motion carried as follows: Voting Aye: Cornm. Alper, Gottovi and Williams. Voting Noe: Chm. O'Shields Absent: Cornm. Wright Chm: o 'Shields 'stated for the record that he was opposed to the Civic Center being pUlled out at this particular time, but he was totally in favor of everything else in the Capital 'Improvement Program. APPROVAL OF SEWER SYSTEM EVALUATION FOR THE CITY OF WILMINGTON County Manager Eller explained that the 201 'Facilities Plan for the Greater Wilmington Area identified the need for a sewer system evaluation for the City of Wilmington, and it was necessary for the County, as lead agency, to be a party to the contract. He reported that there were Federal matching funds available for this study and that the City of Wilmington would pay all the local share required. The Commissioners were requested'to approve an agreement of understanding between.the City and the County and the contract with Henry von Oesen & Associates for conducting the study. Comm. Alper moved, seconded by Conun. Gottovi, to sign the agreement of understanding between the City of Wilmington and New Hanover County. Upon vote, the motion carried as follows: Voting Aye: COmm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright Comm. Alper moved, seconded by Conun. Williams, approval of the.Contract between the City of Wilmington, New Hanover County and Henry von Oesen & Associates for conducting the study. Upon vote, the ,motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright A copy of the Contract and Agreement are on file in the County Manager's Office. APPROVALr.OF ROSTER OF FEDERAL POINT VOLUNTEER FIRE DEPARTMENT Comm. Williams moved, seconded by Conun. Alper, approval of the roster, of the Federal Point Volunteer Fire Department. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams,and Chm. O'Shields Absent: COmm. Wright APPROVAL OF RETIREMENT CREDIT FOR MRS. BETTY WEST County Manager Eller explained that Mrs. Betty West, a public health nurse, left the County's employment in September 1963 and returned in September 1969, during which time the County elected to join the Local Government Employees Retirement ,System. Mrs. West has' not been given credit for tne 4 years and 11 months that she was employed prior to the County's joining the retirement system'and requests that,the Commissioners adopt a resolution certifying that,.'She ,was employed during this period ap.d agreeing that the County would assume liability for the service claimed. Mr. Eller recommended the credit be given in this particular case but did not feel credit should be given for service with other local governments. I ,I ~o MINUTES OF REGULAR MEETING, JULY 5, 1977 '(CONTINUED) RETIREMENT CREDIT (CONTINUED) Comm. Williams moved; seconded by Comm~_Alpe~ to not approve this request. County Attorney Fox and County Manager Eller commented further on this matter. Comm. Williams withdrew her motion. Chm. 0' Shields moved, 'seconded by comm. Alper, approval of the credit for Mrs. West as requested. Upon vote, 'the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields o Absent:, COIlIln. Wright SALE OF CITY/COUNTY OWNED PROPERTY The Commissioners were requestedc;to amend their action of April 4 to authorize the sale of two parcels which were incorrectly identified on the list. The property identi- fied as parcel #0-12, Map #54-13-26-17 was listed as the 1200 block of S. 8th St and should have been the 1200 block of S. 6th St. The parcel identified as #N-24, Map #54-10-29-08 was identified on the list as being located at the corner of Wright'~nd Castle Streets and should have been at the corner of Wright and 11th Streets. Comm. Williams moved, seconded by Comm. Alper, that the action of April 4 be amended as outlined. Upon vote, the motion carried as follows: Voting Aye: Conan. Alper, Gottovi, Williams and Chm. O'Shields Absent: COmm. Wright DENIAL OF BUDGET TRANSFER - DISTRICT ATTORNEY The Commissioners were requested to approve a budget transfer in the amount of $676 to fund the secretarial position in the District Attorney's office for one additional month until he could find out whether or not the State would fund this position. Comm. Alper moved, to approve the transfer contingent on whether he gets the money from the State or not and for one month only. o After dicsussion concerning the State's resposibility to fund this position, Comm. Alper withdrew his motion: Chm. O'Shields moved, seconded by Comm. Alper, that the position not be funded. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm.' Wright' AGREEMENT TO MAINTAIN AIRPORT LIGHTING SYSTEM Comm. Alper moved, seconded by Comm. Williams, authorization. for the Chairman to execute an agreement to maintain the lighting ~ystem to be installed at the Airport in connection with the runway strengthening project. Upon vote, the, motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright REAPPOINTMENT OF LARRY 'POWELL AS TAX ADMINISTRATOR 0 Chm. O'Shields moved, seconded by Comm. Gottovi, the reappointment of Larry J. Powell as Tax Administrator for two more years. Upon vote, the motion carried as follows: Voting Aye: 'Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright o o o 71 MINUTES OF REGULAR MEETING, JULY 5, 1977 (80NTINUED) DISCUSSION ON COLLECTION OF STREET ASSESSMENTS AT WRIGHTSVILLE BEACH County Manager Eller reported that the TOwn of Wrightsville'Beach had reguested the Tax Office to collect street assessmetns for the TOwn. Collection of these'assessments was not covered in the a;reement between the County..and ,the municipalities, and while the extra work involved would be minimal, the Tax Administrator felt that this was a matter to be handled by the municipality. Comm. Williams moved, seconded by Comm. Alper, that the Tax Office not collect these street assessments for the TOwn of Wrightsville Beach. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright DISCUSSION ON PLANNING DEPARTMENT BRIEFING County Manager Eller reported that the next briefing',at the ]?lanning Department was scheduled ,for July 13 at 10:00 a. m. REVISION IN WASTE INDUSTRIES CONTRACT County Manager Eller reported, that Mr. Lonnie Poole of ,Waste Industrie,l> requested that the County accept a $25,000 trrevocable letter of credit in lieu of the performance bond required in his original agreement with the County. Comm. Alper moved, seconded by Comm. Williams, to accept a $25,000 letter of Credit from Waste Industries in lieu of the performance bond called for in the ori~inal agree- ment. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright DISCUSSION ON ACTIONS BY BOARD IN QUASI-JUDICIAL CAPACITY County Attorney Fox reported that he had received some materials from the Institute of Government concerning procedures the Board should follow when acting in a quasi- judicial capacity. He asked that copies be distributed to members of the Board to,be discussed at a later date. DISCUSSION CONCERNING NOMINATING DAN ELLER FOR OUTSTANDING COUNTY MANAGER Comm. Gottovi stated that, although she was not going to the NCACC Convention in Charlotte, she would like to suggest that the Board nominate Dan Eller for the outstanding county official. DISCUSSION CONCERNING YOUTH PROGRAMS Comm. Alper reported that he had,met with a number of people interested in youth programs and they discussed the need for coordinating some of these programs, to prevent so much overlapping and duplication of efforts. County Manager Eller explained that this was a very common problem all overthe Country and many methods of coordinating the programs had been unsuccessful in that there were different requirements for funding which made each program a little different. EXECUTIVE SESSION, Carom. Gottovi moved, seconded by Camm. Williams, Executive Session to discuss attorney/client ma~ters. follows: that the meeting be recessed to Upon vote, the motion carried as . Voting Aye: Comm. Alper, Gottovi, ,Williams and Chm. O'Shields, Absent: Comm. Wright Chm. O'Shields recessed the meeting to Executive Session, at 3:q5 o'clock p. m. COMM. ALPER LEFT THE MEETING AT 3:25 O'CLOCK P. M. AND WAS ABSENT FOR THE REST OF THE MEETING. Chm. O'Shields reconvened the meeting to Public Session at 3:26 o'clock p. m. 72 7-<. MINUTES OF REGULAR MEETING, JULY 5, 1977 (CONTINUED) LETTER CONCERNING VIOLATIONS OF SUBDIVISION REGULATIONS Comm. Gottovi moved, seconded by Comm. williams,that the Planning ,Director send a letter to the principals 'involved in violation of the Subdivision Ordinance advising that future,violations woUld be prosecuted and, a letter' to the Board of Realtor~ and Developers advising them that there' had been violations and in the future they would be prosecuted. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright and, Alper o ADJOURNMENT Comm. Williams moved, seconded' by Chm. Upon vote, the motion carried as follows: O'Shields, that the meeting be adjourned. Voting Aye: Comm. Gottovi, Williams and Chm. 0' Shields Absent: Comm. Wright and Al.per Respectfully submitted, a/~-L ,(j. J'i,.-...",,-- Alyce B. Brown Clerk to the Board ab MINUTES OF SPECIAL MEETING, JULY 12, 1977 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Tuesday, July 12, 1977, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Admin- istration Building, Wilmington, North Carolina, to review proposed Findings of Fact and Conclusions of Law and take action on the appeal of a sand dune permit issued to Mr. Elwood Barnes. o Members present were Commissioners Karen E. Gottovi; Ellen C. Williams; Vivian S. Wright; County Manager Dan W. Eller; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Brown. Chm. Claud O'Shields, Jr. and Vice-Chm. George E. Alper were absent. The meeting was called to order by acting Chm. Karen E. Gottovi. ELECTION OF TEMPORARY CHAIRMAN Comm. Williams moved, seconded by COmm. Gottovi, that Comm. Wright be made temporary chairman. Upon vote, the motion carriednas follows: Voting Aye: Comm. Gottovi, Williams and Wright Absent: Chm. O'Shields and Vice-Chm. Alper PURPOSE OF MEETING Temporary Chm.:Wright stated that Chm. O'Shields had to go back into the hospital for some additional treatment and vice-Chm. Alper was out of town. Chm. O'Shields' comments on this matter are contained in Exhibit Book V,Page 16. Temporary Chm. wright stated that, although she was absent from the hearing that was 0 held on this appeal last week, she had been brought up to date on what took place at that time by speaking with'Mrs. Bayer, Comm. Williams, the County Manager and the Clerk to the Board,'that she had read the Minutes of that meeting and had read the Findings of Fact and COnclusions of Law as proposed by attorneys for Mr. Barnes, Mrs. Bayer and ~he De- partment of Natural and Economic Resources of the State of North Carolina. copies of these proposed'Findings of Fact and Conclusions of Law are contained in Exhibit Book V, Page 17. Temporary Chm. Wright stated that the evidentiary hearing on the appeal was held last week and that the purpose of this meeting today was to consider the proposed Findings of Fact and Conclusions of Law which had been furnished, and for the Board to take action by either adopting one of the proposed sets or any alternative which might be supported by the evidence that was presented last week.