1979-07-02 Regular Meeting
436
MINUTES OF SPECIAL MEETING, JUNE 25, 1979 (CONTINUED)
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FILING OF STATEMENT OF DEBT WITH CLERK
Finance Officer Felix Cooper filed with the Clerk to the Board a Statement of
Debt of the County of New Hanover pursuant to Section 159-55 of the Local Government
Finance Act after the introduction of the Bond Order.
A copy of the Statement of Debt is contained in Exhibit Book VIT, Page 13.
ADOPTION OF BUDGET ORDINANCE FOR FISCAL YEAR 1979/80
Comm. Wright moved, seconded by Comm. O'Shields, that the Budget Ordinance for
Fiscal Year 1979/80 be adopted. Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Gottovi, O'Shields, Wright and Chm. Williams
Comm. Amistead
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A copy of the Budget Ordinance is contained in Exhibit Book VII, Page 14.
APPROVAL OF OUTDOOR ADVENTURE COURSE
Mr. Steve Stevens, Director of Parks and Recreation, and Mr. Worth Bolton of the
Drug Abuse Committee, appeared before the Board to explain the request for establishment
of an Outdoor Adventure Course on County Property for use by the Drug Abuse Committee
in their programs. Nd County funds would be involved in construction of the course.
Comm. O'Shields moved, seconded by Comm. Gottovi, to approve the program with the
contingency that insurance problems be worked out with the County Attorney and that the
Commissioners be provided a copy of the insurance provisions and that the lease be on a
yearly basis at $1.00 per year with all improvements being the responsibility of the
lessee. Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Gottovi, O'Shields, Wright and Chm. Williams
Comm. Armistead
ADJOURNMENT
Comm. Wright moved, seconded by Comm. Gottovi, that the meeting be adjourned. Upon
vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Gottovi, O'Shields, Wright and Chm. Williams
Comm. Amistead
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Chm. Williams adjourned the meeting at 9:05 o'clock a. m.
Respectfully submitted,
~4,/l~
Alyce B. Rusmisell
Clerk to the Board
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MINUTES OF REGULAR MEETING, JULY 2, 1979
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
July 2, 1979, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administra-
tion Building, Wilmington, North Carolina.
Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; Claud
O'Shields, Jr.; Vivian S. wright; Chairman Ellen C. Williams; County Manager Dan W. Eller;
County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. NO members
were absent.
Chm. Williams called the meeting to order.
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Rev. Jeff Mitchiner, Assistant Minister of First Presbyterian Church,offered the
invocation.
APPROVAL OF MINUTES: SPECIAL MEETING, JUNE 11, 1979, REGULAR MEETING, JUNE 18, 1979;
AND SPECIAL MEETING, JUNE 25, 1979
Upon motion by COmm. Gottovi, seconded by Comm. O'Shields, the Minutes of the
Special Meeting of June 11, 1979, were unanimously approved as presented.
Upon motion by Comm. Gottovi, seconded by Comm. Armistead, the Minutes of the
Regular Meeting of June 18, 1979, were unanimously approved as presented.
Comm. Armistead requested permission to be excused from voting on the Minutes of
the Special Meeting of June 25, 1979, as he was not present for that meeting.
137
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437
MINUTES OF REGULAR MEETING, JULY 2, 1979 (CONTINUED)
APPROVAL OF MINUTES (CONTINUED)
Upon motion by Connn. O'Shields, seconded by Comm. Wright, the Minutes of th!'
Special Meeting of June 25, 1979, were approved as presented by the following vote:
Voting Aye:
Abstaining:
Comm. 'Gottovi, O'Shields, Wright and Chm. williams
Comm. Armistead
PRESENTATION OF RETIREMENT PLAQUES
Chm. williams presented a plaque to Mr. John H. Greene on his retirement after
19~ years of service at the New Hanover County Airport.
PUBLIC HEARING - WATER BOND REFERENDUM
County Attorney James, Fox reported on behalf of the Clerk that the Bond Order
which had been introduced on June 25, 1979, had been published on June 26, 1979,1 in
the manner required by law with notice that the Board of Commissioners,would holo a
public hearing thereon on July 2, 1979, at 9:00 o'clock a. m. He stated that t~e
Clerk had also reported that the County Finance Officer had filed with the Cler~~s
Office a Statement of Debt complying with the provisions of the Local GovernmenV Bond
Act and that such statement, as filed, showed the net indebtedness of the countYI to
be 2.50% of the appraised valuation of property of the County subject to taxation.
Comm. Gottovi moved, seconded by Comm. Armistead, to hold a Public Hearing Ln the
Bond Order. Upon vote, the motion carried unanimously. I
The Clerk to the Board read into the record the Bond Order and the Notice of the
Public Hearing. I
copies of the Bond Order and the Notice of Public Hearing are contained in Exhibit
Book VII, Page 15.
Chm. Williams opened the floor to the public for comments from personswisliing
to be heard on the questions of the validity of the Water Bond Order and the
advisability of issuing the bonds, and the following persons commented:
Mr. M. H. Vaughan
Comm. Gottovi
Comm. O'Shields
Comin. Wright
Chm. Williams
Mr. Ted Sampley
County Attorney Fox
Mr. Doland Trottie
Dr.- Paul Meadows questioned the fact that Comm. O'Shields may have a conflict of
interest-in this matter.
County Attorney Fox advised that each commissioner must vote on each issue unless
he has a direct pecuniary interest and that'he felt this would not be a direct pecuniary
interest on Comm. 0' Shields' part.-
Comm. O'Shields commented further on the matter.
Dr. Meadows withdrew his question concerning the conflict of interest.
The following persons commented further:
Mr. wilbur Bryant
Mr. M. H. Vaughan
Comm. Wright
Mr. L. E. Rogers
County Attorney Fox
Comm. O'Shields
Comm. Wright suggested the hearing be continued to a later time.
I
County Attorney Fox explained that due to 'time limitations, it would be necessary
to take action on the Bond Order at this ~eeting.
Chm. Williams commented
Mr. M. H. Vaughan commented
Comm. Gottovi moved, seconded by Comm. O'Shields, that the Public Hearing be closed.
Upon vote, the motion carried unanimously.
438
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MINUTES OF REGULAR MEETING, JULY 2, 1979 (CONTINUED)
BREAK
Chm. Williams recessed the meeting for a break from 10:18 o'clock a. m. until
10:41 o'clock a. m.
WATER BOND REFERENDUM (CONTINUED)
Comm. Claud O'Shields, Jr. moved the adoption of the .following resolution which was
read at length to the Board:
A copy of the Resolution is contained in Exhibit Book VII, Page 16.
Comm. Howard L. Armistead, Jr. seconded the motion and the motion was unanimously 0
adopted.
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, July 2, 1979, at 9:30 a. m. in the Assembly
Room of the County Administration Building, 320 Chestnut Street, Wilmington, North
Carolina, to consider the following:
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXI-
MATELY 12.08 ACRES) LOCATED 200 FEET WEST OF SOUTH COLLEGE ROAD (N. C. HWY. 132) AND
FRONTING APPROXIMATELY 800 FEET ON THE NORTH SIDE OF BRAGG DRIVE FOR A TOWNHOUSE PROJECT
IN AN R-15 (RESIDENTIAL) DISTRICT.
Consideration of this application had been continued from the meeting on June 4.
The Commissioners had been furnished copies of the Traffic Impact Analyses for Proposed
Multi-Family Developments.
County Attorney Fox outlined the Board's position on the issuance of this Special
Use Permit and the Special Use Permit requested in the following application. Mr. Fox
stated that the action of the Board on these applications for Special Use Permits was
discretionary and that the applications should be considered on the basis of' the laws
and the ordinance that existed at the time the' applications were originally submitted.
Mr. A. L. Butler, Jr., Attorney for some persons who were interested in this
matter, commented on behalf of his clients in this matter and that he did not, agree
with County Attorney Fox's interpretation.
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Planning Director Bill Farris read the prov~s~ons as they existed .at the time these
applications' for Special Use Permit were submitted.
Attorney David Barefoot commented on behalf of his clients.
County Attorney'Fox reiterated his opinion in this matter.
Mr. Charles Lilley of the Planning Department reported that the Planning Commission
had considered this application for Special Use Permit at its meeting on March 7 and
both the Planning Commission and Planning Staff recommended approval of the Special
Use Permit under the requirements imposed by the Special Use Permit provisions of the
Ordinance as they apply.
Chm. Williams asked if there was anyone present to speak in favor of this request
and Mr. David Barefoot, Attorney for the petitioners, appeared to request approval.
Chm. Williams asked if there was anyone present to speak in opposition and Mrs. Nancy
Pritchett requested information on the traffic situation in that area.
Mr. John Benson, Surveyor, commented.
Attorney Barefoot offered further comments
Ms. Sally Anderson commented on the increased traffic problem.
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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. O'Shields moved, seconded by Comm. Armistead, 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:
Voting Noe:
Comm. Armistead, O'Shields and Chm. Williams
Comm. Gottovi and Wright
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439
I
MINUTES OF REGULAR MEETING, JULY 2, 1979 (CONTINUED)
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY(APPROXI-
MATELY 52 ACRES) LOCATED ON BRIDGE ROAD, AT THE INTERSECTION OF BRIDGE ROAD AND BEACH
ROAD NORTH, AND ALONG A PORTION OF BEACH ROAD NORTH OF FIGURE EIGHT ISLAND FOR MtlLTI"
FAMILY DWELLINGS (CONDOMINIUMS) IN AN R-20 (RESIDENTIAL) DISTRICT. . I
Consideration of this Special Use Permit application had been continued fro~ the
meeting of June 4. The Commissioners had been furnished copies of the Traffic Impact
Analyses for Proposed Multi-Family Developments.
Planning Director Bill Farris reported that this Special use Permit was considered
by the Planning Commission at its meeting in March. Mr. Farris reported on the Planning
Staff's evaluation and review ,of this proposal and the reasons for recommending approval
with certain conditions. The Planning Commission also recommended approval.
There was discussion concerning the letter from Ogden Volunteer Fire Department
that had been distributed to the Commissioners concerning fire protection for Figure
Eight Island and Comm. O'Shields moved, seconded by Comm. Armistead, that the letter be
made a part of the record of the meeting. Upon vote, the motion carried unanimously.
A copy of the letter is contained in Exhibit Book VII, Page 17.
Chm. Williams asked if there was anyone present to speak in favor of this Special
Use Permit and the following persons commented:
Mr. Dumay Gorham, Attorney for Continental Illinois Insurance & Realty Company,
the developer of the proposed condominium project appeared to request approval.
LUNCH BREAK ,
Comm. O'Shields moved, seconded by Comm. Wright, to recess the meeting for lunch
and allow interested persons to get copies of the letter from Ogden Volunteer Fire
Department. Upon vote, the motion carried unanimously.
Chm. Williams recessed the meeting for lunch from 12:00 o'clock noon until
1:05 o'clock p. m.
FIGURE EIGHT ISLAND SPECIAL USE PERMIT (CONTINUED)
Attorney Dumay Gorham gave a brief overview of th~ planning that had gone into
this application for Special Use Permit.
Mr. J. R. Benson, Jr., Engineer, commented on the proposed sewage treatment
facility.
Mr'. Ligon Flynn, Architect for the proposed project, presented schematic drawings
on the proposed constrUction.
Chm. Williams asked if there was anyone present to speak in opposition and the
following persons commented:
Mr. A. L. Butler, Jr., Attorney representing concerned residents of Figure Eight
Island, and neighborin.g property owners."
BREAK
Chm. Williams recessed the meeting for a break from 3:15 o'clock p. m. until
3:30 o'clock p. m.
RECONVENING OF PUBLIC HEARING ON FIGURE EIGHT ISLAND SPECIAL USE PERMIT
Chm. williams reopened the public hearing and the following persons offered com-
ments relative to the application for Special Use Permit:
Dr. Jim Dineen
Mr. John Ormsby
Mr. Gene Hodges
Mr. Harold Newman
A resident of Porters Neck
Mr. Chester Jones
Mr. David Oliver
Mr. J. R. B~nson, Jr., Engineer
Mr. John Creed
Mr. Jack Stewman
Mr. Ligon Flynn, Architect
Mr. Bill Farris, Planning Director
Mrs. ,Iris Thornton
Mr. Chuck Kroger
440
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MINUTES OF REGULAR MEETING, JULY 2, 1979 (CONTINUED)
FIGURE EIGHT ISLAND SPECIAL USE PERMIT (CONTINUED)
After the Commissioners had considered the following and found as fact 1) that the
use would materially endanger the public health and safety if located where proposed and
developed according to the plan as submitted, and approved; 2) that the use would not
meet all required conditions and specifications; 3) that the use would substantially
injure the value of adjoining or abutting property; and 4) that the location and
character of the use if developed according to the plan as submitted and approved
would not be in harmony with the area in which it was to be located and would not be
in general conformity with tl}e plan of development of New Hanover County, Comm. Gottovi
moved, seconded by Comm. Wright, to deny the application for Special Use Permit.
Chm. Williams requested that the record show that there were 149 property owners
at Figure Eight Island who supported the townhouse development, 68 reservations plus
3 on the waiting list and 34 of those were property owners. There are 149 statements in
support of the development and that she also had letters from the Figure Eight Defense
Group to add to those and ,that she had received a tremendous'number of letters in opposition.
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Comm. O'Shields commented that in this type of situation a lot of very important
facts get distorted and there were a lot of things that needed to be looked at in the
future such as the use of small waste treatment plants being made to appear to be a
degradation to the environment rather than a help to it. He also stated that he felt in
some cases building requirements were excessive and that sometimes just plain common
sense was necessary in reaching a decision.
Comm. Armistead commented that the Board was asked to make a decision that was going
to make a,lot of people unhappy whichever way the decision went and that what he felt
he had to look at was that when a Special Use Permit was granted that the Board was
satisfied that it would promote the health, safety and welfare and that it was a public
necessity and that he felt it very hard to justify that in voting for the proposed
Special Use Permit. He further stated that he appreciated all the letters and calls
he had received pertaining to the permit.
Upon vote, the motion for denial carried unanimously.
Comm. Wright stated that she felt Mr. Gorham also had a good presentation but she
was just'not satisfied with the proposal.
Mr. Ed Goodwin of Figure Eight Development Corporation thanked all the people
involved in the process.
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PUBLIC HEARING TO CONSIDER REZONING PROPERTY (20 ACRES) LOCATED ON THE WEST SIDE OF
HWY. 132 (COLLEGE ROAD) APPROXIMATELY 410 FEET NORTH OF GREENTREE ROAD FROM A B-2 (HIGHWAY
BUSINESS) DISTRICT TO AN I-I (INDUSTRIAL) DISTRICT.
Mr. Charles Lilley of the Planning Department reported that the Planning Commission
had considered this rezoning at its meeting on June 6, and both the Planning Commission
and Planning Staff recommended approval.
Chm. Williams asked if there was anyone present to speak in favor of this rezoning
and Mr. David Barefoot, attorney for the petitioner, appeared to request approval.
No one appeared in opposition.
Comm. Wright moved, seconded by Comm. Armistead, to approve the rezoning and adopt
the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning
Map of Zoning Area #9A, of New Hanover County, North Carolina, Adopted July 1,1972."
Upon vote, the motion carried unanimously.
A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I,
Section 9A, Page 21.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (3.7
ACRES) LOCATED ON THE EAST SIDE OF HWY. 421 (CAROLINA BEACH ROAD) BEGINNING APPROXIMATELY
600 FEET NORrH OF CATHAY ROAD AND EXTENDING NORTHWARD no FEET FOR A GIFT SHOP IN AN
R-15 (RESIDENTIAL) DISTRICT.
Mr. Charles Lilley of the Planning Department reported that the Planning Commission
had considered this application at its meeting on June 6, and both the Planning Commission
and Planning Staff recommended approval.
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Chm. Williams asked if there was anyone present to speak in favor of this application
and Mrs. Marion Underwood, the petitioner, appeared to request approval.
No one appeared in opposition.
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MINUTES OF REGULAR MEETING, Ju,LY 2, 1979 (CONTINUED)
SPECIAL USE PERMIT FOR GIFT SHOP ON CAROLINA BEACH ROAD '(CONTINUED)
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 saf~ty
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. O'Shields moved, seconded by Comm. Wright,
that this Special Use Permit be issued based on the same conditions as recommended by
the Planning Commission. Upon vote, the motion carried unanimously. '
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (1402
AIRLIE DRIVE) LOCATED ON THE EAST SIDE OF AIRLIE ROAD BEGINNING APPROXIMATELY 1,650
FEET SOUTH OF THE INTERSECTION OF AIRLIE DRIVE AND HWY. 74 EXTENDING SOUTHWARDLY APPROXI-
MATELY 215 FEET FOR A MARINA SERVICES FACILITIES EXPANSION IN A B-1 (BUSINESS) DISTRICT.
Mr. Charles Lilley of the Planning Department reported that the Planning Commission
had consider~d this request at its meeting on June 6,and both the Planning Commission
and Planning Staff recommended approval.
Chm. Williams asked if there was anyone present to speak on this matter and no one
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 o~ 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. O'Shields moved, seconded by Comm. Wright, to issue the Special
Use Permit based on the same conditions as recommended by the Planning Commission. Upon
vote, the motion carried unanimously.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON
THE NORTH SIDE OF THE UNNAMED ROAD LEADING TO PORTERS NECK APPROXIMATELY 1,215 FEET EAST
OF HWY. 17 FOR AN ENLARGEMENT TO THE EXISTING TELEPHONE EXCHANGE.
Mr. Charles Lilley of the Planning Department reported that the Planning Commission
had considered this request at its meeting on June 6, and both the Planning Commission
and Planning Staff recommended approval.
No one appeared in opposition to this application.
After the Commission had considered the following four items and oufnd 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, seconded by Comm. o 'Shields, that the Special
Use Permit be issued based on the same conditions as recommended by the Planning
Commission. Upon vote,_ the mot~on car~ied unanimously.
CAMA PLANNING AND MANAGEMENT GRANT APPLICATION
Comm. O'Shields moved, seconded by Comm. Gottovi, to approve an application for a
CAMA Planning and Management Grant to offset City and County costs for the comprehensive
planning 'program with a local match of '$3;333 being provided 'with in-kin~ services.
Upon vote, the motion-carried unanimously.
A copy of the application is on file iin the County Manager's Office.
I
PROPOSED IMPROVEMENTS TO CAROLINA BEACH INLET
The Corps of Engineers had prepared a Feasibility Report on Improvement of Navigation
to the caroli~a Beach Inlet and requestedithat New Hanover County accept the responsibility
of sponsorship for the'project.
442
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MINUTES OF REGULAR MEETING, JULY 2, 1979 (CONTINUED)
CAROLINA BEACH INLET (CONTINUED)
Mr. Lim Vallianos, Chief of the Coastal Engineering Study Section of the Corps of
Engineers, appeared before the Board to answer,questions. Mr. Vallianos explained the
assurances which must be provided to the Corps by the County if the County accepted the
responsibility of sponsorship for this project.
The following persons commented:
Mr. Frank Hill
Mr. Futch
Mrs. Lula Freeman Hill
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Mr. and Mrs. Hill and Mr. Futch requested that the record show,they were opposed to
any widening or deepening of the Carolina Beach Inlet.
Comm. O'Shields moved, seconded by Comm. williams, to sign the letter of intent to
fund the project and provide the following assurances subject to the approval of the
project and funding from the U. S. Congress and approvals of all regulatory agencies
involved:
a. Pay 31.5 per cent of the first costs of channel excavation (including
engineering, design, and supervision and administration costs), an
amount presently estimated at $44,600 due prior to construction;
b. Hold and save the United States free from damages due to initial channel
excavation and subsequent maintenance, except in the case of fault or
negligence on the part of the United States or its contractors;
C. Provide without cost to'the United States all lands, easements, and
rights-of-way necessary for the initial excavation and subsequent
maintenance of the inlet channel project and for aids to navigation,
upon request of the Chief of Engineers.
Upon vote, the motion carried as follows:
Voting Aye:
Voting Noe:
Comm. Armistead, O'Shields, Wright and Chm. Williams
Comm. Gottovi
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Comm. Gottovi requested that the record reflect her reasons for voting against put-
ting County money into deepening the Carolina Beach Inlet. She thought that the claims
of Mr. Futch and Mr. Hill, who owned property that the inlet had damaged, should be
settled in a court of law before the inlet was deepened. This would keep the County from
being embroiled in yet another lawsuit.
CONTRACT FOR ENGINEERING SERVICES - TAXIWAY "B"
Comm. O'Shields moved, seconded by Comm. Armistead, to approve the Contract with
Talbert, Cox & Associates for engineering services for the construction of Taxiway "BII
at the Airport. Upon vote, the motion carried unanimously.
A copy of the contract is on file in the County Manager's Office.
REQUEST FOR RELIEF FROM TAXES
Mr. Wilbur Bryant appeared before the Board to request relief from taxes on property
located at the corner of 11th and Dawson Streets.
COunty Attorney Fox and Tax Administrator Larry Powell commented.
Comm. Armistead moved to defer the action, if possible, until next January to give
Mr. Bryant another chance to appear before the Board of Equalization and Review. The
motion did not receive a second.
Chm. Williams moved, seconded by Comm. o 'Shields, to take no action on this matter.
Upon vote, the motion carried as _follows:
0-
Voting Aye:
Voting Noe:
Comm. O'Shields, Gottovi, Wright and Chm. Williams
Comm. Armistead
PRIVATE SALE OF TAX FORECLOSED PROPERTY - 815 WALNUT STREET
Comm. Wright moved, seconded by Comm. Armistead, to authorize the private sale of
tax foreclosed property at 815 Walnut Street pursuant to G. S. 105-376(c) to the prior
owner for $,1,097.31 plus $15.00 for preparation of the deed. Upon vote, the motion
carried unanimously.
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443
MINUTES OF REGULAR MEETING, JULY 2, 1979 ,(CONTINUED)
DEPARTMENT OF HUMAN RESOURCES LOAN
Comm. Armistead moved, seconded by Comm. wright, if' table, with no comment, dis-
cussion on the Department of Human Resources offer of'~nterest free loan to Counties
that had difficulty in meeting their medical assistance payments. upon vote, th~
motion carried unanimously. '.. I
ABANDONMENT OF LANDFILL COMMITTEE
Comm. Wright moved, seconded by Comm. Armistead, that in view of the resignations
of the members of the landfill committee, to abandon the committee which was a good
idea at the time but apparently would not work since the people did not want to help
on it. Upon vote, the. motion carried unanimously.
Comm. Gottovi requested that since she had also been appointed to the committee,
she would like to continue in trying to find a solution to this problem.
AGREEMENT FOR FOOD. STAMP SECURITY
Comm. Wright moved, seconded by Comm. Armistead, to approve the agreement with
Mr. R. C. Patten to provide security for food stamps while in transit to and from the
bank or other depository where they were stored. Upon vote, the motion carried
unanimously.
A copy of the Agreement is on file in the County Manager's Office.
CONTRACT WITH DIVISION OF HEALTH SERVICES
Comm. Wright moved, seconded by Comm. Armistead, to approve the contract with the
Division of Health Services for the administration of grants available through Aid-to-
Counties funds; Upon vote, the motion carried unanimously.
A copy of the Contract is on file in the County Manager's Office.
CERTIFICATION OF SEAGATE VOLUNTEER FIRE DEPARTMENT ROSTER
Comm. O'Shields moved, seconded by Comm. Wright, to approve the roster of members
of the Seagate Volunteer Fire Department. Upon vote, the motion carried unanimously.
BUDGET TRANSFERS - CETA ADMINISTRATION
Upon motion by Comm. O'Shields, seconded by Comm. Gottovi" the following budget
transfers in the CETA Administration project ordinances were unanimously approved:
To provide funds to cover hospitalization for the remainder of the Contract
Period:
Debit - Acct. #61 683 50, Salaries & Wages $.,.1,109
Credit - Acct. #61 683 69, Blue crOSS/Blue Shield $ 1,109
To purchase equipment required for CETA staff and to provide funds for
hospitalization insurance for the remainder of the contract period:
Debit - Acct. #61 682 17, Indirect Cost $ 401
Credit - Acct. #61 684 15, Equipment Cost $ 401
Debit - Acct. #61 682 50, Salaries & Wages $ 6,175
Credit - Acct. #61 682 69, Blue Cross/Blue Shield $ 6,175
To purchase equipment required for CETA staff and to provide funds for
Blue cross/Blue Shield coverage for the remainder of the contract period:
Debit - Acct. #61 681 17, Indirect Cost $ 719
credit - Acct. #61 684 15, Equipment $ 719
0 Debit - Acct. #61 681 50, Salaries & Wages $10,179
Credit - Acct. #61 681 69, Blue crOSS/Blue Shield $10,179
To purchase equipment for CETA staff and to cover transportation costs
for the YCCIP program:
//
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Debit - Acct. #61 680 36, Equipment Cost
credit - Acct. #61 680 23, Services
Debit - Acct. #61 680 17, Indirect Cost
Credit - Acct. #61 684 15, Equipment
$ 950
$ 950
$ 60
$ 60
444
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MINUTES OF REGULAR MEETING, JULY 2, 1979 (CONTINUED)
AUTHORIZATION FOR HIRING CONSULTANT FOR WATER SYSTEM
County Manager Eller distributed proposals and the recommendation from the County
and City Managers for hiring a consultant to develop materials standards for the
proposed water system. -The total fee was not to exceed $5,500.
Comm. Gottovi
Schuh and Jernigan
Water & Sewer Fund
share of the fee.
moved, seconded by Comm. O'Shields, to hire the firm ,of Post, Buckley,
and approve the transfer of $2,750 from unappropriated Fund Balance -
to Acct. #64 575 04, Professional Services, to pay the County's
Upon vote, the motion/carried unanimously.
JAIL CONTRACT FOR DETENTION OF FEDERAL PRISONERS 0
Comm. Armistead moved, seconded by Comm. O'Shields, to approve the contract with the
U. S. Department of Justice for detention of Federal prisoners at a reimbursement rate
of $14.38 per day. Upon vote, the motion carried unanimously.
A copy of the Contract is on file in the County Manager's Office.
TABLING OF DISCUSSIONS ON SPACE IN THE LAW ENFORCE~IENT CENTER
County Manager Eller reported that he had worked out a solution-to the disagree-
ment between the Sheriff and the ABC Board concerning space in the Law Enforcement
Center.
It was agreed;to table this discussion until the next meeting and get further
explanations from the Sheriff.
EXECUTIVE SESSION
Comm. Gottovi moved, seconded by Comm. O'Shields, to recess the meeting to Executive
Session to discuss possible litigation and personnel matters. Upon vote, the motion
carried unanimously. __
Chm. Williams recessed the meeting to Executive Session at 5:26 o'clock p. m.
Chm. Williams reconvened the meeting to Public Session at 5:33 o'clock p. m.
REAPPOINTMENT OF TAX ADMINISTRATOR
Upon motion by Comm. O'Shields, seconded by Comm. Williams, Mr. Larry Powell was
unanimously reappointed to serve as Tax Administrator for an additional two-year period.
A copy of Mr. Powell's Oath of Office is contained in Exhibit Book VII, Page 18.
o
ADJOURNMENT
Comm. Wright moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
Chm. Williams adjourned the meeting at 5:33 o'clock p. m.
Respectfully submitted,
C'#..,<!.~ JIj./?-(<-.,...:..,<<
Alyce B. Rusmisell
Clerk to the Board
abr
MINUTES OF REGULAR MEETING, JULY 23, 1979
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
July 23, 1979, at 9:00 o'clock a..m., in the Assembly Room, New Hanover County
Administration Building, Wilmington, North Carolina.
Members present were Commissioners Howard L. Armistead, Jr.; Claud O'Shields, Jr.; 0
Vivian S. Wright; County Manager Dan W. Eller; County Attorney James C. Fox; and Clerk
to the Board, Alyce B. Rusmisell. Comm. Karen E. Gottovi and Chairman Ellen C. Williams
were absent.
ELECTION OF TEMPORARY CHAIRMAN
Comm. Wright called the meeting to order and moved, seconded by Comm. Armistead, that
Comm. O'Shields serve as temporary Chairman in the absence of Chm. Williams. Upon vote,
the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, O'Shierds and Wright
Comm. Gottovi and Chm. Williams