1976-10-25 Special Meeting
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MINUTES OF REGULAR MEETING, OCTOBER 18, 1976 (CONTINUED)
CONFLICT OF INTEREST - INDUSTRIAL & POLLUTION CONTROL FACILITIES. FINANCING AUTHORITY
County Manager Eller reported that he had received a telephone call from Mr. James
LaPenn, the Bond Attorney, concerning the Commission's qUf!stion relating to conflict
of interest in appointing members to the Industrial and Pollution Control Facilities
Financing Authority. He stated that Mr. LaPenn suggested the best thing to do would
be to advise persons who were appointed of the possibility of a conflict of interest
and let them seek their own counsel to advise them whether or not it was in their
best interest to serve on the Authority. Mr. LaPenn did feel that public disclosure
of any conflict of interest and abstaining from voting wo~ld probably be sufficient
for members of the Authority. .
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ADJOURNMENT
Comm. Taylor moved, seconded by Chm. Davis that the Ineeting be adjourned. Upon
vote, the motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
Chm. Davis adjourned the meeting at 11:40 o'clock a. m.
Respectfully submitted,
O~y---e-' ~. ~-C~~'
Alyce B. Bro'N'n
Clerk to the Board
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MINUTES OF SPECIAL MEETING, OCTOBER 25, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Monday,
October 25, 1976, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County
Administration Building, Wilmington, North Carolina, to discuss the operations of
the Wilmington Public Library and to take action on any items pertaining thereto
and for Mayor Halterman to address the County Commissioners concerning the City of
Wilmington's request to purchase the County's interest in certain jointly-owned
properties at the Municipal Service Center.
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Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
Hilliam C. Taylor; Chairman Peter R. Davis, County Manager Dan W. Eller; County
Attorney James C. Fox and Clerkto the Board, Alyce B. Brcwn. Comm. Vivian S. Wright
was absent.
Chm. Davis called the meeting to order.
DISCUSSION ON FUNDING RELOCATION OF LIBRARY FACILITIES DURING REPAIRS
Dr. Stuart Benson, Chairman of the Library Board of Trustees, had presented to
the Commissioners a proposal for the relocation of Library facilities during the time
repairs were being made to the Library. He stated that LO new personnel would be
employed.
A copy of this proposal is contained in Exhibit Bool<,: IV, Page 32.
Chm. Davis moved, seconded by Comm. Alper, to approve the proposal as outlined
by the Board of Trustees of the Library and the transfer of $2,500 from Contingencies
to Temporary Relocation of the Library in the Non-Departn.lental Budget.
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Attorney Alton Lennon, who represented the County in the litigation matter per-
taining to the Law Enforcement Center stated that he had very strong feelings about
this matter and felt he should make some comments to the Board in Executive Session.
EXECUTIVE SESSION
Comm. Taylor moved, seconded by Comm. Alper, to go into Executive Session to
consult with the Attorney. Upon vote, the motion carriecl as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Absent: Comm. Wright
Chm. Davis recessed th t' t E .
e mee ~ng 0 xecut~ve Session from 9:15 o'clock a. m. to
9:25 o'clock a. m.
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MINUTES OF SPECIAL MEETING, OCTOBER 25, 1976 (CON'rINUED)
APPROVAL OF FUNDING RELOCATION OF LIBRARY FACILITIES DURING REPAIRS
Attorney Lennon recommended that the proposal presented by Dr. Benson be amended
by redrafting the second paragraph to read as follows:
"County is to appropriate from Contingencies a maximum of $3,000
to cover expenses incurred by the above move and operation of the
facility. The return of all books and materials loaned by the
Wilmington Public Library is part of this pnJposal. No money from
the library budget is to be used for any pha:3e of the temporary
branch."
and by deleting the third paragraph entirely.
Chm. Davis amended his motion to approve the proposal as outlined by Attorney
Lennon and to transfer $3,000 from Contingencies, Acct. #11 445 61, to Library
Relocation, Acct. #11 660 95. Upon vote, the motion carried as follows:
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Voting Aye: Comm. Alper, ['0' Shields and Chm. Davis
Voting Noe: Comm. Taylor
Absent: Comm. Wright
Comm. Taylor stated that his reason for voting "noe" was certainly not because
he was against the Library, but he had a different interpretation of the law and there
still seemed to be some doubt concerning the effect this would have on the litigation
relating to the Law Enforcement Center.
INTRODUCTION OF STATE LIBRARIAN, DAVID MCKAY
Chm. Davis introduced the State Librarian, David McKay, to the Board and others
in attendance. Mr. McKay commented on the local Library situation and offered his
assistance in helping Wilmington and New Hanover County obtain a new Library.
REPLICA OF PLAQUE AT STATE FAIR GROUNDS
Chm. Davis displayed a copy of a plaque he had received from the Department of
Agriculture and reported that the plaques from each of the Counties was on display
at the State Fair Grounds.
SALE OF COUNTY INTEREST IN PROPERTY AT CITY'S HUNJ:CIPAL SERVICE CENTER TO THE CITY
OF WILMINGTON
This item had been tabled until November 1 at: the Commissioners' meeting on
October 18, 1976; however, Mayor Ben Halterman of the City of Wilmington requested
permission to address the Commissioners to request: approval of the sale of the County's
interest in property located at the City Lot Complex at 10th and Fanning Street.
Mayor Halterman, Councilwoman Margaret FonviE!lle and City Manager John Jones
appeared before the Commissioners to ask the Count:y Commissioners to approve this
request and explained that the City needed clear t:itle to the property in order to
apply for a grant under the Public Works Employment Act and it was necessary to get
the application in as soon as possible in order to have any chance of getting any
of the funds.
Comm. Alper moved that the County arrange to transfer or sell the property to
the City subject to their getting the grant and if they didn't get the grant, the
property would be retained by the County. The mot.ion died for lack of a second.
Comm. Alper moved, seconded by Comm. O'Shielc.s, to rescind the tabling action
at the meeting of October 18 on the sale of the property at 10th and Fanning Street
to the City. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor a.nd Chm. Davis
Absent:
Comm. Wright
Comm. Alper moved that inasmuch as the property had no value at all to the County
and in the future could cause some problems in di1:posal of the property and inasmuch
as it could not do the County ,any good at all that the property be sold or traded
or disposed of to the City at this time. The motion died for lack of a second.
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MINUTES OF SPECIAL MEETING, OCTOBER 25, 1976 (CONTINUED)
SALE OF COUNTY'S INTEREST IN PROPERTY TO CITY (CONTINUED)
Comm. Alper moved, seconded by Comm. O'Shields, to accept the City's offer for
$3,325.63 for the purchase of the County's interest in lots located at the City Lot
Complex. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Absent: Comm. Wright
REQUEST CITY TO RECONSIDER USE CHARGE FOR PARKS
Comm. Alper suggested that while representatives of the City were in attendance,
he would like to ask that they reconsider the use charges they were planning to put
into effect for County residents using the parks. .
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COMMENTS FROM MAYOR HALTERMAN
Mayor Halterman thanked the Commissioners and stat:ed that the Council members had
listened to the Commissioners' comments and would try t:o get a committee together or
maybe have a joint meeting with the County Commissioners to discuss the Parks matter
and stated that they appreciated the action taken by the Commissioners at this meeting.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Ctm. Davis
Absent: Comm. Wright
Chm. Davis adjourned the meeting at 9:58 o'clock a. m.
Respectfully submitted,
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Alyce B. Brown
Clerk to the Board
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MINUTES OF REGULAR MEETING, NOVEMBER 1, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
November 1, 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; Attorney
Joseph o. Taylor, Jr. of the County Attorney's Office; ~nd Clerk to the Board, Alyce B.
Brown. No members were absent.
Chm. Davis called the meeting to order.
Rev. William N. Voorhees of Masonboro Baptist Chur~h offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 18, 1976
Comm. Wright moved the Minutes be approv~d as written.
County Manager Eller stated that on Page 221 under "Budget Transfer - Register of
Deeds", the transfer should have been to Equipment Rental rather than Maintenance and
Mrs. LeRay wanted it pointed out that the reason the fW1ds were not there was not a
fault of hers as she had submitted a purchase order.
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Comm. Wright amended her motion, seconded by Comm. Taylor, to approve the Minutes of
the Regular Meeting of October 18, 1976, with the correction as requested by Mr. Eller.
Upon vote, the motion carried unanimously.
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