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1978-06-19 Regular Meeting 224 .,;l..~i MINUTES OF SPECIAL MEETING, JUNE 12, 1978 (CONTINUED) APPROVAL .OF BUDGET TRANSFER - AGRICULTURAL EXTENSION ,', ' ' Comm. Wright moved, seconded by Comm. Gottovi, approval of the transfer of $305 from Salaries, Acct. #11 615 02, to Travel, Meetings & SChools, Acct. #11 615 14, in the Agricultural Extension Budget for booth rental and registration to exhibit the Tree Program at the NACo Conference in Atlanta. Upon vote, the motion carried unanimously. AUTHORIZATION FOR COUNTY ATTORNEY TO REPRESENT ABC COMPOSITE BOARD Comm. Wright commented on the fact that the ABC Composite Board had no funds for legal representation and advice and moved, seconded by Comm. Williams, that the Commis- 0 sioners authorize Mr. James C. Fox, County Attorney, to act as attorney for the ABC Composite Board in the matter now under discussion so the Composite Board could have representation at its meetings. Upon vote, the motion carried unanimously. APProVAL OF CONTRACT FOR PURCHASE OF PROPERTY ADJACENT TO MUSEUM County Manager Eller explained that negotiations for purchase of propert~ adjacent to the Museum had been completed and requested approval of the contract to purchase the property. COmm. Williams moved, seconded by Comm. Alper, approval of the contract and the transfer of $5,442.60 from Revenue Sharing, Acct. #56 575 95, to Capital Outlay - Land, Acct. #11 625 71, in the Museum Budget. Upon vote, the motion carried unanimously. EXECUTIVE SESSION Comm. Gottovi moved, seconded by Comm. Williams, that the meeting be recessed to Executive Session to discuss personnel matters and land acquisition. Upon vote, the motion carried unanimously. Chm. O'Shields recessed the meeting to. Executive, Session-.at 3:40 o'cl:ock p. m. Chm. O'Shields reconvened the meeting to Public Session at 4:40 o'clock p. m. ADJOURNMENT Comm. Alper moved, seconded by Chm. O'Shields, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned the meeting at 4:40 o'clock p. m. o Respectfully submitted, ~,4.,AJ~ Alyce B. Rusmisell Clerk to the Board abr MINUTES OF REGULAR MEETING, JUNE 19, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 19, 1978, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration 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; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Rev. Milton T. Mann of Trinity united Methodist Church offered the invocation. o Chm. O'Shields called the meeting to order. APPROVAL OF MINUTES: REGULAR MEETING, JUNE 5, 1978, AND SPECIAL MEETING, JUNE 12, 1978 COmm. Williams moved, seconded by Comm. Alper, to approve the Minutes of the Regular Meeting of June 5, 1978, and the Special Meeting of June 12, 1978, as presented. Upon vote, the motion carried unanimously. o o o 225 MINUTES OF REGULAR MEETING, JUNE 19, 1978 (CONTINUED) RETIREMENT PRESENTATIONS Chm. O'Shields presented engraved medallions ofcthe County Seal ,to Mr. James D. Brown on his retirement from the Sheriff's' Department after 24 years' service and to Mr. Franklin D. Love and Mrs. Hazel E. Wallace upon their retirement from the Tax Department with ,18 and 22~ years' ,service respectively. APPEAL FROM ISSUANCE OF SAND DUNE PERMIT The evidence on this appeal had been presented at the meeting of May 15, 1978, and each side had submitted Issues, Findings of Fact and Conclusions of Law for the Commissioners .to consider. COmm. Alper moved, seconded by COmm. williams, to deny the appeal and that the per- mit be issued;' Comm. Wright moved,a substitute motion, seconded by Comm. Alper, to adopt as Findings of Fact the items which were sent out by Attorney Taylqr in his letter of June 16. Comm. Wright restated her motion as recommended by Attorney Taylor, seconded by Comm. Alper, that ,the record on appeal had been reviewed, that the oral and written testimony of all the parties involved had been reviewed and based upon that the Findings of Facts had been issued and the issuance of the permit was authorized with the condi- tions as set out by the Shoreline Protection Officer. Upon vote, the motion carried unanimously. A copy of the Issues, Findings of Fact and COnclusions of Law as adopted are contained in Exhibit Book VI, Page 2. APPROVAL OF SALE OF"SJilWER PUMP,ING STATION AT AIRPORT Comm. Alper moved, seconded by Comm. Williams, to accept the bid of $1,000 from Deutsch Relays, Inc. for the surplus sewer lift.station at the Airport since no upset bids had been received andthe 10-day time period had expired. Upon vote, the motion carried unanimously. CERTIFICATION OF ROSTER - MYRTLE GROVE VOLUNTEER FIRE DEPARTMENT COmm. Gottovi moved, seconded by Comm. Wright, approval of the roster of members of the Myrtle Grove Volunteer Fire Department. Upon vote, the motion carried unanimously. APPROVAL OF BIDS RECEIVED ON CITY AND COUNTY OWNED PROPERTY Comm. Williams moved, seconded by Comm. Alper, approval of' the bids received on City and County owned property for sale except for the following parcels which should be readvertised: Map #48 13 18 03 - 616 N. 7th St. Map #54 05 09 02 - 113 st. James St. Map #54 10 18 24 - Queen Street Map #54 13 23 14 - 1118 S. 8th St. Upon vote, the motion carried unanimously. A copy of' the list is contained in Exhibit Book VI, Page 3. AUTHORIZATION OF ADVERTISEMENT FOR SALE - 910 WALNUT STREET County Manager Eller explained that this property had been authorized for sale to Mr. Wilbur Bellamy who passed away before the property was conveyed to him, and it was recommended that the property be advertised for sale. Comm. Gottovi moved, seconded by Comm. Alper, that the property at 910 Walnut Street be advertised for sale. Upon vote, the m::l,tion carried unanimously. PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of Commis- sioners of New Hanover County on Monday, June 19, 1978, at 9:30 a. m. in the Assembly' Room of the County Administration Buildin~, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC_HEARING TO CONSIDER REZONING PROPERTY LOCATED APPROXIMATELY 125 FEET EAST OF THE INTERSECTION OF NORTH COLLEGE ROAD WITH THE SEABOARD COASTLINE RIGHT-OF-WAY IN THE CASTLE HAYNE AREA FROM I-I (INDUSTRIAL DISTRICT) TO R-15 (RESIDENTIAL DISTRICT). Planning Director Richard Fender reported to the Board that this rezoning had been considered at the Planning COmmission meeting on May 3, and both the Planning Commission and Planning Staff had recommended approval. 226" .;< ~ c;., MINUTES OF REGULAR MEETING, JUNE 19, 1978 (CONTINUED) PUBLIC HEARING - REZONING NORTH COLLEGE ROAD IN CASTLE HAYNE AREA (CONTINUED) Chm. O'Shields asked if there was anyone present to speak in favor of this rezoning, and Mr. George Ayash and one of the property owners appeared to request approval. Chm. O'Shields asked if there was anyone present to speak in opposition, and no one appeared. Comm. Alper moved, seconded by Comm. Gottovi, approval of the rezoning and that the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #8A of New Hanover County, North Carolina, June 19, 1972" be adopted. 0 Upon vote, the motion carried unanimously. A copy of the Ordinance as adopted and signed is contained in ZOning.Ordinance Book 1, Section 8A, Page 8. PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED 675 FEET EAST OF MARKET STREET EXTENSION AND APPROXIMATELY 1.5 MILES NORTH OF BAYSHORE DRIVE FROM R-15 (RESIDENTIAL DISTRICT)' TO I-I (INDUSTRIAL DISTRICT). Planning Director Richard Fender reported to the Board that this rezoning was con- sidered by the Planning Commission at the meeting on May 3, and both the Planning Commis- sion and Planning Staff had recommended approval. Chm. O'Shields asked if there was anyone present to speak in favor of this rezoning, and Robert Yunaska appeared to request approval of the rezoning.. Chm. O'Shields asked if there was anyone present to speak in opposition and no one appeared. Comm. Alper moved, seconded by Comm. Williams, ,that 'the request be granted and 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. Upon vote, the motion carried unanimously. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 5, Page 8. 0 PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO ~SE THE EASTERN PORTION OF CAPE FEAR HOSPITAL PROPERTY EXTENDING TO FOREST ROAD FOR A HOSPITAL PARKING LOT AND 'EMERGENCY ENTRANCE IN AN R-15 DISTRICT, (RESIDENTIAL DISTRICT). Planning Director Richard Fender reported that this Special Use Permit had been considered by the Planning Commission at the meeting on May 3, 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) That a fence of a solid nature and a minimum of 4 feet in height be placed within'the planted buffer for the purpose of providing a visual and acoustic screen for adjoining properties as indicated on the approved plans, 3) That the ,maximum height of site lighting shall not exceed 12 feet and all lighting shall be programmed so as to focus light into the parking lot only; 4) That the permanent drainage plan for the site shall be approved by the County Engineer prior to the issuance of Building p.ermits or construction of the parking facility, and 5) That this Special Use Permit shall comply with all other supplemental regulations and requirements imposed by the ZOning Ordinance and all other applicable Federal, State and local ordinances. Mr. Charles Boney, Architect, showed drawings and explained the plans for the parking area. Chm. 0' Shields asked if there was anyone present to speak in opposition, and no one 0 appeared. 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 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 plim of development for New Hanover County, Comm. Williams moved, seconded by Comm. Alper, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion carried unanimously. I I, o o ,I o 227 '-.< J.<. MINUTES OF REGULAR MEETING, JUNE 19, 1978 (CONTINUED) PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE COUNTY ZONING ORDINANCE TO ALLOW NON-RESIDENTIAL OFF-STREET PARKING IN RESIDENTIAL DISTRICTS BY SPECIAL USE PERMIT Planning Director Richard Fender read the proposed amendments and reported that the Planning' Commission had considered these amendments at the meeting on May 3, and both the Planning Commission and Planning Staff had recommended approval. Comm. Gottovi moved, seconded by Comm. Williams, to amend the County Zoning Ordinance to allow non-residential off-street parking in Residential Districts by Special Use Permit and that 'the following "Ordinance of the County of New Hanover Amending the ZOning Ordinance of New Hanover County, North Carolina, adopted October 6, 1969", be adopted: Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended, be, and the same is hereby further amended by amending Articles VII and VIII as follows: 1. Amend Article VII, Section 72 by adding the following: 72-28 Non-Residential Off-Street Parking - Non-Residential Off-Str~et Parking May Be Permitted in Residential Districts Provided: (1) That the uses shall be subject to the Special Use Permit process as prescribed in Article VII, Section 71 of this in all instances. review Ordinance , (2) That the sites shall be used solely for parking in copjunction with the principal use as opposed to paid parking lots, loading facilities, etc. (3) That access to the site shall be controlled as follows: a. Access shall be limited through the principal use site. b. Access shall be prohibited through residential areas. c. Access shall be placed within, the common boundary with the principal use. (4) Location of the site shall be controlled as follows: ,a. The site be adjacent to the principal use site for at least a minimum distance of 25 feet. b. No point of the proposed parking site shall be further than 200 feet from any and all points of the non-residential zoning district boundary, however, any intervening street right-of-way shall not be included for this measurement. c. The site shall be located no closer than 150 feet from any street right-of-way other than that which the principal use is adjacent to. d. The site shall be located within the ,same parcel or group of parcels under the same ownership as the principal use. (5) A minimum buffer of 10 feet shall be provided in accordance with the provisions of Article VI, Section 67 of this Ordinance for all adjoining residential property. (6) All site lighting shall be located so as not to shine or reflect directly onto any adjacent residential property. 2. Amend Article VIII, Section 80-1 by adding the following new paragraph: Non-residential off-street parking may be permitted in Residential Districts by Special Use Permit upon review and recommendation of the Planning Commission and subsequent final approval by the, Board of County Commissioners in the manner prescribed in Article VII, Section 71. Such non-residential off-street parking shall be subject to the conditions outlined in Article VII, Section 72-28. Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, tofue extent of such conflict, is hereby repealed. Section 3. This ordinance is adoptedl in the interest of public 'health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 19th day of June, 1978. Upon vote, the motion for 'adoption carried unanimously. 228', ..:<.~&-- MINUTES OF REGULAR MEETING, JUNE 19, 1978 (CONTINUED) PUBLIC HEARING TO CONSIDER AMENDING THE COUNTY ZONING ORDINANCE TO REQUIRE THAT REZONING PETITIONS BE ACCOMPANIED BY LETTERS NOTIFYING ADJACENT PROPERTY OWNERS Planning Director Richard Fender reported that this amendment had been discussed at the April meeting of the Planning COlllDission and then again at the May meeting. Mr. Fender read the amendments and reported that the Planning Commission ,and Planning Staff both recommended approval. Comm. williams moved, seconded by Comm. Gottovi, to amend the Zoning Ordinance to re- quire that petitions be accompanied by letters notifying adjacent property owners, and that the.'Ordinance entitled "An Ordinance of the County of New Hanover Amending the ZOning Ordinance of New Hanover County, North Carolina, Adopted October 6, 1969", be adopted. o Mr. Charles Paul and Mr. B. E. Huffine, local realtors, offered comments on the proposed amendments. County Attorney Fox commented and suggested additional wording to the effect that failure of an addressee to receive the letter would not affect the validity of the proceedings. Comm. williams amended her motion, seconded by Comm. Gottovi, to include the addi- tional wording suggested by Mr. Fox, and upon vote, the following Ordinance was unani- mously adopted with Comm. Alper voting "noe" on the amendment to include the additional Wording: Section 1. That the 'Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended, be, and the same is hereby further amended by amending Article XI., Subsection 110-2 by adding the following: (4) Letter of Notification - Whenever any property is petitioned for rezoning or application for Special Use Permit and such property does not have frontage on a dedicated public right-of-way, all such petitions shall be accompanied by letters of notification in the following manner. (a) A letter of notification for each property owner and resident within two" hundred (200) feet from any and all points of the property in question shall be included for mailing by the Planning Department staff; 0 (b) The letter shall contain adequate information to notify such owners and residents of the specific request of the applicant as well as the time, date and location of public hearing; (c) Such letters are to be placed in unsealed, stamped and addressed envelopes ready for mailing. The return address of the Planning Department must appear on the envelopes; (d) A list of all persons and their addresses to whom the letters are to be sent must accompnay all such applications; and (e) Failure of any addressee of such letter of Notification to receive same shall not in any way invalidate or affect subsequent action on the petition for rezoning or application for Special Use Permit. Section 2. Any Ordinance or any part of any ordinance in conflict with this ordi- nance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of publ~c health, saf~ty, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 19th day of June, 1978. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERTY LOCATED ON THE EAST SIDE OF MARKET STREET EXTENSION APPROXIMATELY .8 MILES NORTH OF BAYSHORE DRIVE FROM R 15 (RESIDENTIAL DISTRICT) TO B 2 (HIGHWAY BUSI- NESS DISTRICT). Planning Director Richard Fender reported sidered this request at its meeting in May and Staff recommended denial of the rezoning. Mr. recommendation of denial by the staff. that the Planning Commission both the Planning Commission Fender explained the reasons had and for con- Planning the o Chm. O'Shields asked if there was anyone present to speak in favor of this rezoning and Mr. B. E. Huffine, Realtor, and Mr. Warren Sanders appeared to explain the proposed use of the property and presented a drawing of the proposed construction. Chm. O'Shields asked if there was anyone present to speak in opposition and no one appeared. o o o 229 MINUTES OF REGULAR MEETING, JUNE 19, 1978 '(CONTINUED) PUBLIC HEARING TO CONSIDER APPEAL FROM RECOMMENDATION OF PLANNING COMMISSION (CONTINUED) Comm. Wright moved, seconded by Carom. Alper, approval of the rezoning, 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. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Williams, Wright and Chm. O'Shields Voting Noe: Comm. Gottovi A copy of the Ordinance as adopted and signed is, contained in Zoning Ordinance Book I, Section 5, Page 9. BREAK Chm. O'Shields recessed the meeting for a break from 10:36 o'clock a. m. until 10:48 o'clock a. m. REQUEST FOR REFERENDUM ON LIQUOR BY THE DRINK Comm. Gottovi had requested that the Board vote on a referendum for Liquor by the Drink in New Hanover County. Mr. H. Van Reid, Executive Director of the Chamber of Commerce, appeared before the Board to request a referendum on Liquor by the Drink in New Hanover County. Mrs. Josie Montgomery spoke in opposition to a:referendum on Liquor by the Drink. The following persdns also spoke in favor of the issue: Mr" John Maye Mr. Ted Sampley Sgt. Herbert Hale Comm. Williams stated that at the time this issue was brought to the Commission in the beginning to ask that the Commission write a letter endorsing the Liquor by the Drink Law, she refused to vote for it but said at that time that if the State did pass it, she would vote for'the citizens of this COunty to have the right to decide for themselves what they wanted and that was how she would vote. Comm. Alper moved, seconded by Comm. Williams, to request a referendum on Liquor by the Drink in New Hanover County to be held in January 1979 and request the Board of Elections to hold this election. Chm. O'Shields made ,a substitute motion, seconded by Comm. Wright, that the Liquor by the Drink issue be placed on the ballot by a petition of 20% of the registered voters in New Hanover County. Comm. Wright stated that it seemed to hercthat as long as the LegiSlature refused to let the people have the right to vote on such things as annexation and propositions such as California had and that type thing, that they were just going out of their way on this one issue to get in by the back door what they couldn't get in by the front door several years ago when it was voted down in a statewide vote. She stated that she thought it would_be very 'admirable if those who were pushing 'for the right to vote on this question would also push the State Legislature to give us the,right to vote on taxes and things of that sort, and until they did, she felt it was not correct to call this a right-to-vote issue. Chm. O'Shields stated that his motion to have this placed on the ballot by a petition of 20% of the registered voters was'no different than his stand had been on this issue since the first time it was mentioned, and so that's where he stood on the,matter as far as being opposed to Liquor by the Drink in that particular method. Upon vote, Chm. O'Shields substitute motion was defeated as follows: Voting Aye: Comm. Wright and Chm.O'Shields Voting Noe: Comm. Alper, Gottovi and Williams Upon vote, the original motion carried as follows: Voting Aye: Comm. Alper, Gottovi and Williams Voting Noe: Comm. Wright and Chm. O'Shields 230, ";;"'.s a MINUTES OF REGULAR MEETING, JUNE 19, 1978 (CONTINUED) BREAK ChID. O'Shields recessed the meeting for a break from 11:10 o'clock a. m. ,until 11:19 o'clock a. m. DISCUSSION ON CAROLINA BEACH INLET EROSION PROBLEM Mr. Frank Hill, a property owner in the vicinity of the Carolina Beach Inlet, appeared before the Board to request assistance from the Board in stopping an erosion problem at Carolina Beach Inlet. Mr. Jim Taylor, acting Town Manager of Carolina Beach, reported that the Corps of Engineers was working on a proposal for stabilizing this inlet. o Chm. O'Shields moved, seconded by Comm. Gottovi, to write a letter to Congressman Charles Rose expressing the Board's concern and requesting that some type of action be taken to either close this inlet or stabilize it to a point that the property could be returned to a useful state for the owners. Upon vote, the motion carried unanimously. REQUEST FOR FINANCING THROUGH INDUSTRIAL REVENUE BONDS Mr. Seymour Alper, Chairman, and Messrs. Jim Larrick and Henry Longley, of the New Hanover County Industrial Facilities and Pollution Control Financing Authority, appeared before the Board to request the Board's endorsement of funding through Industrial Revenue Bonds in the amount of $5,000,000 for Corning Glass Company to assist them with a $17,000,000 expansion program. County Attorney Fox explained the necessary action of the Board in the matter and offered legal advice. Chm. O'Shields introduced a Resolution which was read at length and moved, seconded by Comm. Wright, that the resolution be adopted. motion c~rried unanimously. endorsing the request Upon vote, the A copy of the request and the Resolution is contained in Exhibit Book VI, page 4. PROPOSED ACQUISITION OF PROPERTY EAST OF NEW HANOVER MEMORIAL HOSPITAL Comm. Williams, the Commission representative on the Hospital Board of Trustees, reported on ,the proposed purchase of property east of New Hanover Memorial Hospital and 0 moved, seconded by Comm. Alper, that the County purchase the property and enter into the Lease/Purchase Agreement with the Hospital. Upon vote, the motion carried unanimously. A copy of the Lease and Option Agreement are on file in the County Manager's Office. AMENDMENTS TO PERSONNEL POLICY Personnel Director Gary Cannon explained the proposed amendments to the Personnel Policy. Comm. Wright moved, Eeconded by Comm. Williams, to approve the following amendments to the County Personnel Policy: Article VII, by adding Section 3a - Holidays - Pay for Part Time Positions Any employee appointed for less than full time service (permanent part time) will'be paid holiday pay at a pro-rated amount based on the percentage of time which that part time position is budgeted to work. Article IX, Section 3 - Retirement 'Benefits by adding" all probationary, permanent, and permanent part time..." to the eighth line of that section. Upon vote, the motion carried unanimously APPROVAL OF BID ON CETA TITLE I FUNDS Personnel Director Gary Cannon explained to the Board the "Adult Work Experience" 0 and "On the Job Training" programs and requested approval to bid on CETA Title I funds to operate these programs. > Comm. Gottovi moved, seconded by COmm. Williams, to authorize the County CETA Office to bid on Title I Funds in the amount of $49,588 to operate an "Adult Work Ex- perience" program and $66,118 to operate an "On the Job Training" program. upon vote, the motion carried unanimously. o o o 281:" MINUTES OF REGULAR MEETING, JUNE 19, 1978 (CONTINUED) BUDGET AMENDMENT - ADAP-04 Airport Manager R. C. Shackelford, Jr. explained the Supplemental Agreement #2 to provide for a stronger pavement than originally planned for the Taxiway "A" project and requested approval of the budget amendments necessary if the agreement WiE approved. Comm. Alper moved, secQIlded by Comm. Gottovi, approval of supplemental Agreement #2 and the following budget,'amendment in the ADAP-04 Project at the Airport: 1. Debit - Acct. #83 349 00, Federal Grant $50,085 Acct. #83 350 00, State Grant 2,782 Acct. #83 397 31, Transfer from Airport 3,063 Credit - Acct. #83 575 70, Paving' Contract $55,650 Acct. #83 575 54, Basic Engineering 280 2. Debit - Acct. #31 650 18, M & R - Other Improvements $ 1,325 Acct. #31 650 52, 'Right-of-Way Easements 1,458 Acct. #31 650 15, M & R - Bldgs & Grounds 280 Credit - Acct. #31 650 97, Transfer to Capital Proj. $ 3,063 Upon vote, the motion carried unanimously. BUDGET TRANSFER - AIRPORT APRON EXPANSION Comm. Wright moved, seconded by Comm. Alper, approval of the following budget transfer in the Airport Apron Expansion Capital project Ordinance to correct a dis- crepancy between the amount in the engineering contract and the amount in the ordinance: Debit - Acct. #84 575 76, Contingency & Administrative Credit - Acct. #84 575 51, Preliminary Engineering $ 300. $ 300. upon vote, the motion carried unanimously. BUDGET TRANSFER' - AIRPORT Comm. Wright moved, seconded by Comm. Gottovi, approval of the following budget transfer in the Airport Budget to complete this fiscal year: Debit - Acct. #31 650 04, Professional Services $ 558. Acct. #31 650 52, Right of Way Easements 642. Credit - Acct. #31 650 02, Salaries $ 700. Acct. #31 650 05, FICA 500. Upon vote, the motion carried unanimously. AWARD OF BIDS - GENERAL AVIATION APRON Airport Manager R. C. Shackelford, Jr. reported on the bids received for the General Aviation Apron and stated that the low bidders were Dickerson, Inc. in the amount of $404,775, for the paving contract, and Rockwell Radio & Electric Company, in the amount of $23,493 for the lighting contract. He reported that the Engineer had certified the bids as being correct and recommended that they be accepted subject to the acceptance of State and Federal Agencies and approval of grant agreement~ suf- ficient to cover project costs. A copy of the bid tabulation is contained in Exhibit Book VI, Page 5. Comm. Gottovi moved, seconded by Comm. Alper, to accept the low bids from Dickerson, Inc. in the amount of $404,775 for the paving contract and Rockwell Radio & Electric Company in the amount of $23,493 for the lighting contract. Upon vote, the motion carried unanimously. LUNCH Chm. O'Shields recessed the meeting for lunch from 12:20 o'clock p. m. until 1:30 o'clock p. m. APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH MAY 31, 1978 Comm. Wright moved, seconded by Comm! Williams, to approve the Report of the Col- lector of Revenue through May 31, 1978. Upon vote, the motion carried unanimously. A copy of the Report is contained in Exhibit Book VI, Page 6. , 232 d23.:c MINUTES OF REGULAR MEETING, JUNE 19, 1978 (CONTINUED) APPROVAL OF TAX ABATEMENTS AND REFUNDS County Attorney Fox reported that he had reviewed the Tax Abatements and Refunds and found them to be in order. Comm. Gottovi moved, seconded by Chm. O'Shields, that the list of Tax Abatements and Refunds be approved. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, wright and Chm. O'Shields Voting Noe: Comm. Wright o A copy of the list is contained in Exhibit Book VI, Page 7. STATUS OF 1977 TAX LISTING FOR C. ITOH & CO. (AMERICA) INC. The Commissioners were requested to review the decision of the status of 1977 tax listing for C. Itoh & Co. (America) Inc. of a crane they were constructing at the State Ports. the Tax Administrator on pertaining to ownership County Attorney Fox repor~ed that, in his opinion, C. Itoh & Co. (America) Inc. owned the crane in January 1977 and that no formal action by the Board was necessary if they concurred in the decision of the Tax Administrator. RECONVENING OF 1978 BOARD OF EQUALIZATION & REVIEW The Commissioners had been furnished copies of correspondence from the County Attorney's Office giving an opinion on the validity of a Special Use Permit issued to Klingbeil Co. for construction of apartments on a tract of land now owned by American Fletcher Mortgage Company. In view of this opinion, the Commissioners were requested to set a date to re- convene the 1978 Board of Equalization & Review to reconsider this matter. Comm. Wright moved, seconded by Comm. Williams, to recess the Commission meeting and reconvene as the Board of Equalization & Review to set the valuation. It was agreed by common consent to notify the persons involved'that the Board of E & R would meet on July 3 to set the value of the property at $43,000, and if they did not agree with that valuation, they should appear at the meeting. Comm. Wright withdrew her motion. o AWARD OF BIDS FOR PICNIC TABLES AND STOVES - HUGH MACRAE PARK The Commissioners had been furnished copies of a tabulation of bids received on pic- nic tables and stoves for Hugh MacRae Park. Comm. Alper moved, seconded by Comm. williams, to accept the low bids from Stadium Unlimited in the amounts of $6240 for the standard tables and $1990 for the handicap tables and the bid from Play Systems; Inc. in the amount of $2720.50 for the stoves. Upon vote, the motion carried unanimously. A copy of the bid tabulation is contained in Exhibit Book VI, Page 8. COMMUNITY INVOLVEMENT COUNCIL It was the con census of the majority of the Board to refer the letter from Governor Hunt pertaining to the establishment of a Community Involvement Council to the Voluntary Action Center for their consideration. BUDGET TRANSFERS - DEPARTMENT OF SOCIAL SERVICES Comm. Gottovi moved, seconded by Comm. Wright, approval of the following transfers in the Department of Social Services budget to complete this fiscal year: Expenditures Debit - Acct. #41 609 02, Salaries & Wages Credit - Acct. #41 609 11, Telephone & Postage Acct. #41 610 03, AFDC Revenues Debit - Acct. #41 350 14, Admini stra tion Credi t - Acct. #41 350 03, AFDC Upon vote, the motion carried unanimously. $ 1,000. 10,000. o ($ 4,220.) ($ 1,610.) $ 8,390. o o o 233 MINUTES OF REGULAR MEETING, JUNE 19, 1978 (CONTINUED) BUDGET TRANSFERS - BUILDINGS & GROUNDS Corom. Wright moved, seconded by Comm. Williams, approval of the ,transfer of $5,000 from Acct. #11 535 02, Salaries & Wages, to Acct. #11 535 13, utilities, in the Buildings and Grounds budget to pay utility bills for the month of June and the transfer of $420 from Salaries & Wages, Acct. #11 535 02, to Maintenance & Repair" Acct. #11 535 15, in the Buildings & Grounds budget to replace an air conditioner in the chemical room at the Sheriff's Department and to repair 2 air conditions at the Juvenile Service Center. Upon vote, the motion carried unanimously. BUDGET TRANSFER - LAW LIBRARY Comm. Williams moved, seconded by Carom. Wright, approval of the transfer of $4,500 from Contingencies, Acct. #11 445 61, to Law Library - Dues & Subscriptions, Acct. #17 630 53, to cover the increased cost of publications. Upon vote, the motion carried unanimously. TRANSFER OF FUNDS - HEALTH DEPARTMENT Corom. Wright moved, seconded by Comm. Williams, to approve the transfer of $800 from Utilities, Acct. #44 590 13, to Department Supplies & Materials, Acct. #44 590 33, to purchase x-ray film and to cOVer other bills that exceeded,the purchase orders be- cause of price increases and to approve the transfer of $200 from Auto Allowances, Acct. #44 590 10, to Travel, Meetings & Schools, Acct. #44 590 14, to send the Health Department's Dental Assistant and Aide to a meeting in Chapel Hill. Upon vote" the motion carried unanimously. BUDGET TRANSFER - ADMINISTRATION, Chm. O'Shields moved, seconded by comm. Alper, approval of the transfer of $250 from Supplies & MaterialS, Acct. #11 420 33, to Telephone & Postage, Acct. #11 420 11, in the Administration' budget to complete this fiscal year. Upon vote, the motion carried unanimously. DISCUSSION ON PROPOSED BILL TO EXEMPT FROM AD VALOREM TAXES LIVESTOCK, POULTRY, CROPS AND OTHER FARM PRODUCTS ONE YEAR OLD OR LESS comm. Alper requested the Board to respon~ to a letter received from Representative T. W. Ellis, Jr. concerning his intent to introduce a bill in the General Assembly to exempt from ad valorem taxes any livestock, poultry, crops and other farm products that were one year old or less. It was agreed to write a letter to Mr. Ellis acknowledging receipt of his letter and advising that the Board would review his suggestion further. DISCUSSION ON NOTIFICATION TO JOB APPLICANTS Comm. Williams reported that she had received some complaints from persons who had applied for positions with the County and had never been ,notified whether or not the position had been filled. DISCUSSION OF LETTER PERTAINING TO TRAVEL TRAILERS The Commissioners had received copies of a letter from Mr. E. M. the fact that he was not allowed to rent spaces for travel trailers. Eller was requested to look into the problem. Baker protesting County Manager BUDGET TRANSFER - CORONER Corom. Williams moved, seconded by Chm. O'Shields, ,approval of the transfer of $2,616 from Contingencies, Acct. #11 445 61, to Professional Services, Acct. #11 600 04, in the Coroner's budget to pay statements from the Medical Examiner's Office for autopsies performed. Upon vote, the motion carried unanimously. BUDGET TRANSFER - HOSPITI\.L EXPANSION Comm. Alper moved, seconded by Comm. ;Williams, approval of the following transfer in the Hospital Expansion program to disbUrse payment to the hospital for interest earned on the $400,000 Certificate of Deposit: Debit - Acct. #78 329 00, Interest Credit - Acct. #78 575 91, Payment to Hospital $6,673.33 $6,673.33 Upon vote, the motion carried unanimously. BUDGET TRANSFER - SHERIFF'S DEPARTMENT Comm. Alper moved, seconded by Comm.,Gottovi, approval of the transfer of $1,500 from from Travel, Meetings & Schools, Acct. #11 510 14, and credit $1,000 to FICA, Acct. #11 510 05, and $500 to Retirement, Acct. #11 510 07. Upon vote, the motion carried unanimously. 234 c2sy' MINUTES OF REGULAR MEETING, JUNE 19, 1978 (CONTINUED) BUDGET TRANSFER - DEPARTMENT OF SOCIAL SERVICES Comm. Gottovi moved, seconded by Comm. Alper, approval of the following budget transfer in the Department of Social Services to complete this fiscal year: Debit - Acct. #41 350 14, Administration Acct. #41 350 20, Miscellaneous Income Credit - Acct. #41 609 05, FICA Acct. #41 609 07, Retirement upon vote, the motion carried unanimously. $1,750 1,750, $2,300 1,200 o EXECUTIVE SESSION Comm. Alper moved, seconded by Chm. O'Shields, that the meeting be recessed to Executive Session to discuss land acquisition and committee appointments. Upon vote, the motion carried unanimously. Chm. O'Shields recessed the meeting to Executive Session at 2:00 o,o'clock p. m. Chm.O'Shields reconvened the meeting to Public Session at 3:17 o'clock p. m. ACQUISITION OF LAND FOR PARK Comm. Gottovi moved, seconded by Comm. Alper, to purchase from Suggs & Harrelson Construction Company 12.5 acres behind Mary C. Williams School for the sum of $37,500 to be a future recreational site for New Hanover County. Upon vote, the motion carried unanimously. ADJOURNMENT Comm. Wright moved, seconded by Comm.Williams, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned the meeting at 3:19 o'clock p. m. Respectfully submitted, o ~;8.I?~ Alyce B. Rusmisell Clerk to the Board abr MINUTES OF SPECIAL MEETING, JUNE 29, 1978 ASSEMBLY The New Hanover COunty Board of Commissioners met in Special Session on Thursday, June 29, 1978, at 9:15 o'clock a. m. in the Assembly Room, New Hanover County Adminis- tration Building, Wilmington, North Carolina. (The meeting was called for 9:00 a. m. but did not begin until 9:15 a. m.) Members present were Commissioners Karen E. Gottovi; Ellen C. Williams; Vivian s. Wright; Chairman Claud O'Shields, Jr.; County Manager Dan W. Eller; and Clerk to the Board, Alyce B. Rusmisell. Comm. George E. Alper was absent. ChID. O'Shields called the meeting to order and stated the purposes for which the Special Meeting had been called. APPROVAL OF LEAA GRANT APPLICATION FOR INTERIM SKILLS PROGRAM IN THE SCHOOLS Ms. Barbara Bray appeared before the Board to explain the Interim Skills Program for which the Board of Education was requesting an LEAA Grant and requested that the Commissioners adopt the resolution approving the application. o COmm. Gottovi moved, seconded by ChID. O'Shields, that the Resolution approving the application by the Board of Education for an LEAA Grant for an Interim Skills Program be adopted as requested. Sgt. Herbert Hales Commented. Upon vote, the motion for approval carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper A copy of the Resolution is contained in Exhibit Book VI, Page 9.