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1976-09-07 Regular Meeting (tBtf /K( STATEMENT CONCERNING STAR-NEWS EDITORIAL Comm. Taylor stated that he wished to clarify the S1:ar-News editorial which re- ported that Comm. Wright refused to attend the Special Meeting on August 11, 1976, when the reason for her absence was because she was out of town an9 could not attend the meeting. Comm. Wright stated that the matter had been clarif~ed in the newspaper a few days later. ADJOURNMENT Comm. Alper moved, seconded by Comm. O'Shields, tha1: the meeting be adjourned. Upon vote, the motion carried unanimously. tJ Chm. Davis adjourned the meeting at 10:20 o'clock a. m. Respectfully submitted, {d~~ /}. ~V'-1-'-' Alyce B. Brown Clerk to the, Board ab MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1976 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 7, 1976, 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; Claud O'Shields, Jr; William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager Dan W. Eller; County Attorney James C. Fox and Clerk to the Board; Alyce B. B~own. No members were absent. Chm. Davis called the meeting to order. I .~~ ,/} Rev. Vivan Martindale, Campus Pastor at UNC-wilming1:on offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, AUGUST 16, 1976 APPROVAL OF MINUTES: SPECIAL MEETING, AUGUST 31, 1976 Comm. Wright stated that on Page 181 of the Minutes of August 16, 1976, under "Funds Approved for Reception at Opening of N. C. Marine Resources Center", she thought she had made that motion and would like to have the recOl:d checked. (Upon checking on this matter, the clerk verified that the motion was stated correctly in the Minutes.) Comm. Taylor moved, seconded by Comm. Alper, approv~l of the Minutes of the Regular Meeting of August 16, 1976, and the Minutes of the speci~l Meeting of August 31, 1976. Upon vote, the motion carried unanimously. PRESENTATION OF BICENTENNIAL AWARD Comm. O'Shields presented the "Spirit of '76 Bicentennial Award" which he had accepted on behalf of New Hanover County at the recent conference of the N. C. Association of County Commissioners. Col. Robert S. Milner, Bicentennial Director, Mr. Alton Y. Lennon, Chairman of the Bicentennial Commission, and other members of the Bi~entennial Executive Committee were present to accept the plaque. They were commended for the work they had done in promoting the Bicentennial and especially for the outsta~ding presentation they had put together for the N. C. Association of County Commissioners. " .. i ) AD VALOREM TAX EXEMPTION - SILVER LAKE BAPTIST CHURCH Rev. Ronald Hester, Pastor of Silver Lake Baptist C~urch, appeared before the Board to request that the Commissioners approve exempting portions of property owned by the church from ad valorem taxation. i Chm. Davis moved, seconded by Comm. Wright, that this property be exempted from taxation and have the County Manager contact the Tax Administrator to make sure that there was not too strict an interpretation of the law on church property when it could not be used for any other than religious purposes. (See Page 193 for clarification) ~. '"' ~1 ~i ( 185 .., MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1976 AD VALOREM TAX EXEMPTION - SILVER LAKE BAPTIST CHURCH (CONTINUED) Comm. Wright commented on a discussion some t:Lme in the past that Mr. Powell, the Tax Administrator, was going to come before the Board of Commissioners for some kind of policy relating to things of this sorl: and questioned why he had never done so. County Attorney, James Fox, stated that in hi!l opJ.nJ.on, it would be difficult to set a blanket policy on tax exemptions and that an administrative decision would have to be made and could be appealed if the taxpayer was not satisfied. He read portions of the Statutes pertaining to the situation. . Upon vote, Chm. Davis' motion carried unanimously. REQUEST FOR TAX EXEMPTION - WILMINGTON BAPTIST ASSOCIATION Mr. Paul Kesterson, Director of Missions, of 1:he Wilmington Baptist Association appeared before the Board to site an instance of what he considered an injustice. Chm. Davis requested that Mr. Kesterson write a letter appealing his case to the Board of Commissioners if he felt they had been tre!ated unfairly. ABATEMENT OF TAXES - FIRE BAPTIZED HOLINESS CHURCH OF GOD Attorney A. A. Canoutas and Rev. Jesse o. Baldwin, Pastor of the Fire Baptized Holiness Church of God, appeared before the Board t:o request the abatement of taxes on the church property. Comm. Wright moved, seconded by corom. Alper, t.hat the taxes be abated as requested. Comm. O'Shields stated tpat had been used as a church and7~6 even though it was vacant at the it should be noted in the Minutes that the property other purpose and was currently being used as a church time the taxes were listed. . Upon vote, the motion carried unanimously. . PUBLIC HEARING Notice had been published that a public hearing would be held by the Board of Commissioners of New Hanover County on Tuesday, September 7, 1976, at 9:30 o'clock a. m. in the Assembly Hoom of the County Administra.tion Building, 320 Chestnut Street, Wilmington, North Carolina, to consider an applicat.ion for Special Use Permit and proposed amendments to the County Zoning Ordinance. Chm. Davis opened the Public Hearing to discussion. PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE COUNTY ZONING ORDINANCE TO PERMIT MOBILE HOMES IN THE R-20 DISTRICT BY SPECIAL USE PERMIT. Planning Director Richard Fender requested that this item be handled before the application for Special Use Permit as that application was contingent upon whether or not the Amendment to the Zoning Ordinance was approved. Mr. Fender reported that this proposed amendment had been initiated by the Planning Staff because it seemed that they were confronted with this issue more than any other. The Planning Commission had considered this matter ~t its meeting of August 4, 1976, and recoromended approval. Comm. Alper suggested that instead of amending the Zoning Ordinance, the County should be rezoned in a manner the Planning CommissiJn felt would be proper so that the County Commissioners would not have to make jud9ments as to where mobile homes should be permitted. . Chm. Davis asked if there was anyone present to speak for or against this amend- ment and Mr. Herbert Fisher appeared in this regard. Corom. O'Shields moved, seconded by Comm. Alper, that the proposed amendment be denied. Comm. Wright made a substitute motion, seconded by Chm. Davis, to adopt the following Ordinance as recommended by the Planning (~oromission: ---'lllilllll (~ ~ (" / ~ lo MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1976 (CONTINUED) AMENDMENT TO COUNTY ZONING ORDINANCE TO PERMIT MOBILE HOMES IN R-20 DISTRICT (CONTINUED) AN ORDINANCE OF THE COUNTY .oF NEW HANOVER AMENDING THE ZONING O,RDINANCE OF NEW HANOVER COUNTY, NORTH 'CAROLINA ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: 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 as follows: 1. Amend Article V, Section 51-3 by adding the following: I) (24) Mobile home. Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted 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 7th day of September, 1976. Corom. O'Shields amended his original motion to add that the Planning Department proceed to look at certain R-20 areas within the County and possibly designate some of those as R-20-MH areas and bring them back to this Bo:~rd for consideration. Upon vote on the substitute motion, the Ordinance ~~s adopted as follows: Voting Aye: Cornm. Taylor, Wright and Chm. Davis Voting Noe: Comm. Alper and O'Shields f) ,/ PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE EAST SIDE OF S. R. 1349 APPROXIMATELY 450 FEET NORTH OF ROCK HILL ROAD FOR A MOBILE HOME IN ZONING AREA #lOA Planning Director Richard Fender reported that the Planning Commission had con- sidered this application at its meeting of August 4, 197~, and the Planning Commission and Planning Staff both recommended approval. Chm. Davis asked if there was anyone present to speak for or against this application and no one appeared in this regard. After the Commission had considered the following TI)ur items and found them to be fact, (a) that the use would not materially endanger 1:he 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 condit.ions and specifications; (c) that the use would not substantially injure the value of adjoining or abutttng 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 b~ 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, Chm. Davis moved, seconded by Comm. rrright that this Special Use Permit be issued based on the Plan as submitted and approved with the application as recommended by the Planning Commission. Upon vote, the n~tion carried as follows: Voting Aye: Comm. Alper, Taylor, Wright and Chm. Dc:,vis Voting Noe: Comm. O'Shields I) PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENT TO COUNTY 2;ONING ORDINANCE TO PERMIT TEMPORARY CONSTRUCTION AND RESIDENTIAL SALES OFFICES BY F~IGHT IN ALL ZONING DISTRICTS Planning Director Richard Fender reported that this proposed amendment came about as a result of problems in providing for temporary structures. He stated that the Planning Commission had considered this at its meeting of August 4, 1976, and both the Planning Commission and Planning Staff recommended approval. Chm. Davis asked if there was anyone present to speak for or against this amend- ment to the Zoning Ordinance and no one appeared in this 'regard. ~ i. . . ii" i';;;'~ ~. ~1 i I , 187 -.., ./ MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1976 (CONTINUED) PUBLIC HEARING TO CONSIDER PRO~OSED AMENDMENT TO COUNTY ZONING ORDINANCE (CONTINUED) Comm. Alper moved, seconded by Comm. Taylor, adoption of 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". Upon vote, the Ordinance was unanimously adopted. A copy of the Ordinance as adopted and signed is contained in Exhibit Book IV, Page 12. PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE COUNTY ZONING ORDINANCE TO REVISE AND UPDATE ARTICLE IV, NON-CONFORMING USES Planning Director Richard Fender reported that this item had been tabled from the Commissioners' meeting of July 6, 1976. These amendments had been considered at the Planning Commission meeting of June 2, 1976, and both the Planning Commission and Planning Staff recommended approval. Chm. Davis expressed his concern over Section 46-1 of the Ordinance in which he felt there was not a long enough period of time allowed. Chm. Davis asked if there was anyone present to speak for or against these amendments. Mr. Herbert Fisher and Mrs. Trudy Van Luyn ap:?eared to offer their opinions on the amendments. Comm. O'Shields moved, seconded by Comm. Taylor, to adopt the Ordinance amending the County Zoning Ordinance changing the time limit in Section 46-1 from 180 days to 1 year with the option of a'6-month extension if necessary. Chm. Davis made a substitute motion, seconded by Comm. Alper, for adoption of the Ordinance amending the County Zoning Ordinance with the change in the time limit in Section 46-1 from 180 days to allow 2 years for the use to become conforming or remain vacant. Comm. Wright suggested that the matter of pyramid zoning and expansion be taken into consideration. County Attorney James Fox outlined some of the problems that could be incurred in permitting expansion of non-conforming commercial uses. Chm. Davis requested that the Planning Staff :~ook into the extension or expansion of non-conforming uses and also to look into the possibility of pyramid zoning in certain areas. Upon vote, the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Ordinance of New Hanover Coun~', North Carolina adopted October 6, 1969" was adopted as follows: Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis Voting Noe: Comm. Taylor A copy of the Ordinance as adopted and signed is contained in Exhibit Book IV, Page 13. FINAL APPROVAL OF "POLICIES FOR GROWTH AND DEVELOPNENT" Bill Farris of the Planning Department stated that on May 20, 1976, the Commissioners had given approval of the "Policies for Growth and Development for the Wilmington-New Hanover Planning Area" prepared by the Planning Department for submission to the Coastal Resources Commission. He reported that thE! Coastal Resources Commission had reviewed the policies and approved them with recommendations for two minor changes, and the Commissioners were requested to give final approval of these policies as approved by the Coastal Resources Commission. Comm. Alper moved, second~d by Comm. Taylor, to approve the Policies for Growth and Development as approved by the Coastal Resources Commission. Upon vote, the motion carried as follows: voting Aye: Voting Noe: Comm. Alper, O'Shields, Taylor and Chm. Davis Comm. Wright A copy of the Policies for Growth and Developrrent for the Wilmington-New Hanover Planning Area is contained in Exhibit Book IV, Page, 14. ~ ~~;~ I I i MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1976 (CONTINUED) I . ~ 1', FINAL PLAT APPROVAL - WATERFORD SUBDIVISION, SECTION I Mr. Harry Oakes of the Planning Department presented the Final Plat of Water- ford Subdivision, Section I for approval. He reported that the preliminary master plan had received preliminary approval at the Planning Commission, Subdivision Review Committee meeting of May 26, 1975, and on May 24, 1976, the Subdivision Re- view Committee granted a l2-month extension. The Commissioners were requested to approve the final plat under the 25-lot provision. Chm. Davis asked if there was anyone present to speak for or against the final approval of the plat. ) Mr. Everett Hale, the developer, appeared to request final approval of the plat and answer questions from the Commissioners. Comm. O'Shields moved, seconded by Comm. Alper, approval of the Final Plat of Waterford Subdivision, Section 1. Upon vote, the motion carried unanimously. LEASE WITH AIR WILMINGTON Mr. R. C. Shackelford, Assistant Airport Manager, appeared before the Board to explain the changes requested in the lease with Air Wilmington in order for them to lease additional land on which to install fuel tanks. He reported that the Airport Commission had approved this request and recommended approval by the Commissioners. Comm. Alper moved, seconded by Comm. Wright, approval of the changes in the Lease with Air Wilmington as recommended by the Airport coromission. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Taylor, Wright and Chm. Davis Temporarily Absent: Comm. O'Shields A copy of the Lease is on file in the County Manager's Office. APPROVAL OF BID FOR READER/PRINTER IN REGISTER OF DEEDS OFFICE The following was the sole bid received for the Reader/printer to be purchased for the Register of Deeds Office: ) Eastman Kodak Company $ 10,873.65 The Registrar of Deeds, Finance Officer and County M3.nager recommended that the bid be awarded to Eastman Kodak Company in the amount of $10,873.65, as this amount was within the amount budgeted. Upon motion by Comm. Alper, seconded by Comm. O'Shields, the bid was unanimously awarded to Eastman Kodak Company in the amount of $10,873.65. APPROVAL OF CHANGE ORDER - LAW ENFORCEMENT CENTER - PHASE II The Commissioners were requested to approve a change order to the contract with willo Products, Inc. which provided for the deletion of a control cabinet at each cell block. The change order would reduce the contract a~ount from $415,835 to $413,335. Comm. Alper moved, seconded by Comm. Taylor, that th:! change order be approved as requested. Upon vote, the motion carried unanimously.' APPROVAL OF CONSTITUTION AND BY-LAWS OF THE CAPE FEAR REGION RESOURCE CONSERVATION AND DEVELOPMENT PROJECT Mr. Paul Foster, the County's appointee to the Resou~ce Conservation & Develop- ment Board, and Mr. Larry Goff, of the Soil Conser:vation District, appeared before the Commissioners to request approval of the By-Laws and c:onstitution for the Cape \ Fear Region Resource Conser:vation and Development Project. Mr. Goff explained that the RC & D program was designed to assist in areas t~at were not covered by other agencies. f\ ( ./ Comm. O'Shields expressed his concern that the work done by this Board was a duplication of the efforts of other agencies. , i ! I I I ~ Chm. Davis moved, seconded by Comm. Taylor, approval of the Constitution and By-Laws of the Cape Fear Region Resource Conservation & Dl~velopment Project. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Taylor and Chm. Davis Voting Noe: Comm. O'Shields and Wright !SD ,., i'l. ...~ MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1976 (COWrINUED) APPROVAL OF CONSTITUTION AND BY-LAWS FOR RC & D PROJECT (CONTINUED) Comm. O'Shields stated that he was voting "noe" because he felt it should be discussed by the Council of Governments before the Commissioners took any action. Comm. Wright concurred with Comm. O'Shields in that she felt it should be looked at in view of duplicating the efforts of other agencies. . DESIGNATION OF LIBRARY WEEK Mrs. Karen Fox, Publicity Chairman for the Ne\~ Hanover Friends of the Public Library, appeared before the Board to request the Commissioners to designate the week of September 19 as Library Week to publicize l:he membership drive to raise funds for the Library. Chm. DAvis moved, seconded by Comm. Alper, that the week of September 19, 1976, be designated as Library Week. Upon vote, the mot:.on carried unanimously. EXTENSION OF CONTRACT WITH COMPUTERECORDS, INC. The Tax Administrator and the County Manager recommended that the Commis- sioners approve a one-year extension of the Contract with Computerecords, Inc. for the processing of Tax Department records and printing of tax bills.. The company had proposed an increase in prices that would raise thE! amount of the contract from $22,000 to $22,620. The County Attorney had also reviewed the contract and saw no reason why it could not be extended with the appro,~l of the Commissioners. Comm. Alper moved, seconded by Comm. O'Shields, approval of the extension of the contract with Computerecords, Inc. Upon vote, the motion carried unanimously. A copy of the Contract is on file in the County Manager's Office . DISCUSSION OF PROJECTS COSTS-LEAA GRANTS The North Carolina Division of Law and Order "as requesting a signed statement from the Board of Commissioners stating that the Beard understood that Law and Order funding was used as seed money to create programs and that upon the expiration of State and Federal funding, local government would provide for continuation of the projects. County Manager Eller stated that he could not recommend that the statement be signed as it implied that the Commissioners were agreeing to fund the project 100% when the federal seed money was discontinued. The Commissioners were requested to sign statements to that effect for the following LEAA Grants: 1. New Hanover County Crime Prevention Officer 2. Crime Scene Investigation 3. Juvenile Unit 4. Group Care Home Corom. Alper moved, seconded by Comm. O'Shields, to approve the statement striking out the portion of the last sentence beginning "...therefore, it understands its obligation to provide the necessary local appropriations at the end of Federal Support," and authorize the County Manager to sign it. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis Voting Noe: Comrn. Wright LEAA GRANT - GROUP CARE HOME The Commissioners were requested to approve an application for continued funding of the Group Care Home from October 1, 1976, throug:l September 30, 1977. County Manager Eller reported that the County did not cont~ibute to the local share of this grant but served as the program agent. The local funding was provided by Youth Help, Inc. . Comm. Alper moved, seconded by Corom. O'Shields, as the County did not have to contribute any funds. unanimously. to approve this application inasmuch Upon vote, the motion carried REQUEST FOR TRAINING REIMBURSEMENT - LT. ROBER!' E. :3PELL Sheriff Grohman had requested the Commissioner:::; to approve reimbursing Lt. Spell in the amount of $305. for courses he had successfully completed at UNC-Wilmington. Chm. Davis moved, seconded by Comm. O'Shields, that Lt. Spell be reimbursed for his courses and ask the County Manager to draw up some definite guidelines to be used in the future in determining courses to be paid for, grade requirements, etc. Upon vote, the motion carriei unanimously. ~ ./ (190 MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1976 (CONTINUED) BUDGET TRANSFER - JAIL Comm. Alper moved, seconded by Comm. Taylor, to transfer the sum of $1,100 from Laundry and Dry Cleaning, Acct. #11 520 35, to Capital Outlay - Equipment, Acct. #11 520 74, in the Jail Budget as requested to provide for the purchase of a commercial washer and dryer so that the employees of the jail could launder the bed linens and other items without sending them out to private laundries. Upo~ vote, the motion carried unanimously. BUDGET AMENDMENT - NEW HANOVER MEMORIAL HOSPITAL CAPITAL PROJECTS FUND Corom. O'Shields moved, seconded by Comm. Alper, apprqval of the following budget amendment in order to account for and remit to New Hanove~ Memorial Hospital the interest earned on Certificates of Deposit pledged with tl~ County: I I ~ /" 1. Increase Revenue Acct. #78 329 00, Interest 2. Increase Expenditure Acct. #78 575 91, Payment to Hospital $1,390.28 1,390.28 Upon vote, the motion carried unanimously. BUDGET TRANSFER - CETA TITLE II Comm. Taylor moved, seconded by Comm. Wright, approvrl of the following Budget Amendment, in order to carry out the CETA Title II Manpow~r Program through September 1976: City of Wilmington Debit Credit - Acct. - Acct. - Acct. - Acct. #11 #11 #11 #11 661 661 661 661 00, 02, 05, 54, Travel Salaries FICA Insurance $2,206 1,936 265 5 County Debit - Acct. #11 350 17, State Grants, CETA II $4,878 Credit - Acct. #11 662 02, Salaries 3,356 - Acct, #11 662 05, FICA 134 ~ - Acct. #11 662 11, Telephone & Postage 359 - Acct. #11 662 14, Travel 858 - Acct. #11 662 54, Insurance 171 Upon vote, the motion carried unanimously. BUDGET AMENDMENT - PUBLIC SCHOOL CONSTRUCTION county Manager Eller reported that at the time the pudget was prepared, it was assumed that all the public school bond funds would be e~pended or encumbered prior to June 30. This was not the case and $701,337.14 went into Unappropriated Fund Balance. In order to remit these funds to the school system, the following budget amendment is requested: Debit - Acct. #65 229 01, Unappropriated Fund Balance $701,337.14 Credit - Acct. #65 575 98, Contribution to Schools 701,337.14 Comm. Alper questioned the reason for these funds not having been encumbered and stated that it looked as if this was surplus money. Comm. Wright moved, seconded by Comm. Taylor, that this item be tabled and more information be requested from the School Board before any action was taken. Upon vote, the motion carried as follows: voting Aye: Comm. Alper, Taylor, Wright and Chm. Davis .~ ) Temporarily Absent: Comm. O'Shields BUDGET AMENDMENT - SHERIFF I S DEPARTMENT Comm. Taylor moved, seconded by Comm. Wright, approval of the following budget amendment in order to account for the contract to provide Law Enforcement Assistance to Kure Beach: Appropriate $18,650 to Revenue Acct., Assessments .- Other Governments, Acct. #11 336 00, and the following appropriations to the Sheriff's Budget: ~ . . , I I. .., 1.91. 'r MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1976 (COUTINUED) BUDGET AMENDMENT - SHERIFF'S DEPARTMENT (CONTINUED) Acct. #11 510 02, Salaries and Wages Acct. #11 510 36, Uniforms Acct. #11 510 54, Insurance & Bonds Acct. #11 660 05, FICA Acct. #11 660 06, Hospitalization Acct. #11 660 07, Retirement Acct. #11 660 54, Insurance & Bonds $ 14,616 1,200 264 855 327 1,169 219 TOTAL $ 18,650 Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Taylor, Wright and Chm. Davis Temporarily Absent: Comm. O'Shields BUDGET AMENDMENT - TITLE XX - BOYS' BRIGADE CLUB Chm. Davis moved, seconded by Corom. Taylor, approval of the following budget amendment for the Boys' Brigade Club Title XX Program in order. to account for revenue received and expenditures paid for FY 1975/76 and received in FY 1976/77: Dr. Revenue - Acct. #41 353 01, State $4,905.95 - Acct. #41 299 00, Unappropriated .Fund Balance 3,017.55 Cr. Expenditures - Acct. #41 613 91, Local Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Taylor and Chm. Davis Voting Noe: Comm. Wright Temporarily Absent: Comm. 0' Shi elds 7,934.60 APPROVAL OF HAUNTED HOUSE SPONSORED BY MUSEUM The Commissioners were requested to approve a request from the Museum that they be allowed to sponsor a Haunted House again this Y8ar from October 1, 1976, through October 30, 1976. There would be an admission cha;cged for this event. Corom. Wright moved, seconded by Comm. Alper, approval of the request by the Museum to have the Haunted House from October 1, 1976, through October 30, 1976, provided that they submit reports on the use of tho funds received, prior to their being used, in order to get approval from the Board of Commissioners. Upon vote, the motion carried unanimously. TABLING OF REQUEST FOR USE OF HUGH MACRAE PARK FOR ARTS AND CRAFTS SHOW Mr. Hillary Worthington had requested permiss~on to use Hugh MacRae Park to con- duct an Arts and Crafts Show. The artists would e1:pect to be able to sell their works at the park. County Attorney, James Fox, stated that he would like to take a look at the Deed restrictions on the use of the park prior to approval of this request. No action was taken on this matter pending receipt of additional information. REQUEST FOR PRESENTATION BY PROJECT UP Chm. Davis reported that the people involved in Project Up had requested permission to appear before the Board at the next meeting to n~ke a presentation on their projects in the County. COMM. O'SHIELDS RADIO PROGRAM ON RECREATION Comm. O'Shields reported that he had been invited to participate in a radio program dealing with recreation in the County which would re aired this evening. EXECUTIVE SESSION Comm. Alper moved, seconded by Comm. Wright, that the meeting be recessed to Executive Session to discuss committee appointments. Upon vote, the motion carried unanimously. Chm. Davis recessed the meeting to Executive Session at 12:35 o'clock p. m. Chm. Davis reconvened the meeting to Public SE!ssion at 1: 20 0' clock p. m. ~ (tQZ / "'::", MINUTES OF REGULAR MEETING, SEPTEMBER 7; 1976 (CONTINUED) APPOINTMENT OF WILLIAM H. SUTTON TO NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES Comm. Wright moved, seconded by Comm. Taylor, appointment of William H. Sutton to fill the special one-year term ending September 30, 1977, on the New Hanover Memorial Hospital Board of Trustees. Chm. Davis made a substitute motion to appoint Bill Kingoff for a five-year term, Billy Sutton for the special one-year term, Peter ~'atkins and Tom Jervay for full five-year terms on the New Hanover Memorial Hospital Board of Trustees. The motion died for lack of a second. ~ I /( Upon vote, the original motion carried unanimously. APPOINTMENT OF KINGOFF, WATKINS AND JERVAY TO NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES Comm. Alper moved, seconded by Chm. Davis, the appointment of Bill Kingoff, Pete Watkins and Tom Jervay to the New Hanover Memorial Hospital Board of Trustees for five- year terms ending September 30, 1981. Comm. Wright requested that the Minutes show that she was temporarily absent from the meeting. Upon vote, the motion carried as follows: voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis Temporarily Absent: Comm. Wright (See Page 193 f01' addition) BUDGET TRANSFER - SOCIAL SERVICES County Manager Eller reported that the Board of Social Services had requested the purchase of a transcriber to record their meetings. The Commissioners were requested to transfer $343 from Professional Services, Acct. #11 610 04, to Equipment, Acct. #11 610 74, in the Social Services Budget in order to purchase this equipment. Commf Alper moved, seconded by Comm. O'Shields, apPluval of the budget transfer as or . requested / the purchase of a transcrlber for the Social Services Board. Upon vote, the motion carried unanimously. ~! ) TITLE XX BUDGET AMENDMENT - GIRLS' CLUB County Manager Eller reported that in order to accotlnt for funds received in this Fiscal Year for Fiscal Year 1975/76, it was necessary to make the following budget amendment in the Title XX Budget for the Girls' Club: Dr. Revenue - Acct. #41 355 01, State - Acct. #41 355 02, Local $1,380.48 800.11 Cr. Expenditures - Acct. #41 616 91, Local $2,180.59 Comm. Taylor moved, seconded by Comm. O'Shields, approval of the budget amendment as requested for the Girls' Club Title XX Program. Upon vote, the motion carried as follows: voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis Voting Noe: Comm. Wright APPROVAL OF CORONER'S BOND County Manager Eller reported that the Auditors had brought to his attention the fact that the Coroner's Bond was not on file in the Register of Deeds Office. He had obtained a copy of the Bond and County Attorney Fox had approved it as to form. The Bond was in the amount of $2,000 and it covered the term of office of the Coroner, Robert W. Smith. The Commissioners were requested to approve the Bond subject to Mr. Smith's signing it, as he had not yet signed it. ~ Corom. Taylor moved, seconded by Comm. Alper, approval of the Coroner's Bond in the amount of $2,000. Upon vote, the motion carried unanimously. ~ . !. . "'lIIIIl \93 MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1976 (CONTINUED) ADJOURNMENT , Comm. Taylor moved, seconded'by Comm. Wright, that the meeting be adjourned and no Special Meetings be called in the next two weeks. Upon vote, the motion carried unanimously. Chm. Davis adjourned the meeting at 1:25 o'clock p. m. Respectfully submitted, ~~ 6, /1t-~~J Alyce B. Brcwn Clerk to the: Board ab MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1976 ASSEMBLY The New Hanover County Board of Commissioners Ilet in Regular Session on Monday, September 20, 1976, 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. A:Lper; Claud O'Shields, Jr.; William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager Dan W. Eller; County Attorney James C. Fox and Clerk to the Board, Alyce B. Brown. No members were absent. Chm. Davis called the meeting to order. Rev. Ralph Jernigan of First Pentecostal Holiness Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 7, 1976 Chm. Davis asked if the motion on the bottom 0:E page 184 under "Ad Valorem Tax Exemption - Silver Lake Baptist Church" was clear to all the Commissioners. He stated that it was his intention that there be a liberal interpretation of this law with the benefit of the doubt going to the church. Upon motion by Comm. O'Shields, seconded by Co:mn. Taylor, the Minutes of the Regular Meeting of September 7, 1976, were unanimously approved as presented. Comm. Wright requested that in the Minutes of the Meeting of September 7, 1976, on Page 192 under "Appointment of Kingoff, Watkins and Jervay to New Hanover Memorial Hospital Board of Trustees", her vote be recorded as "noe". She stated that she did not have a problem with all of them but did not agree with one of the nominees. 'PROJECT UP' PRESENTATION The following persons appeared before the Board as representatives of the project Up Program and made a presentation on the programs and activities of their organization: Dr. William H. Wagoner, Chairman Ms. Jean Fountain, Coordinator Rev. D. E. Parkerson Mr. Robert N. Moore Mr. Dennis Anderson Ms. Fran Russ Dr. Steven Harper Ms. Sheila Davis Ms. Pat Efird Mr. W. K. Hobbs, Jr., Projects Chairman Mr. Thomas Muno Ms. Margaret Fonvielle Mr. W. R. Fountain Mr. Van F.e id Mr. Bill Broadfoot Mr. Hobbs presented to the Commissioners a list of recommendations for consideration. This list of recommendations is contained in Exhibit Book IV, Page 15. Chm. Davis asked that the Project Up Committee keep in close contact with the County through the Commissioners and through the Cc.unty Manager and give ideas for im- provement in the County as a whole. Mr. C. G. Berry offered his comments to the Board. ~