1976-12-20 Regular Meeting
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MINUTES OF REGULAR MEETING, DECEMBER 20, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
December 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. Alper; Karen E. Gottovi; Ellen C.
Williams; Vivian S. Wright; Chairman Claud O'Shields, J!.; County Manager Dan W. Eller;
Joseph o. Taylor, Jr. of the County Attorney's Office; ~nd Clerk to the Board, Alyce B.
Brown. No members were absent.
Chm. O'Shields called the meeting to order.
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Rev. Graham McChesney of Windermere Presbyterian Church offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 6, 1976
Upon motion by Comm. Alper, seconded by Comm. Wright, the Hinutes of the Regular
Meeting of December 6, 1976, were unanimously approved as presented.
PRESENTATION OF RETIREMENT MEDALLIONS TO EULA MAE MCINNIS AND ROSSIE INEZ HOPKINS
Chm. O'Shields presented medallions of the County Seal to Mrs. Eula Mae McInnis
upon her retirement from the Health Department which waG effective December 1, 1976,
and to Miss Rossie Inez Hopkins upon her retirement froln the Register of Deeds Office
effective January 1, 1977.
EXPLANATION OF DUTIES OF PORT, WATERWAY AND BEACH COMMISSION
The Commissioners had requested that a representat~ve of the Port, Waterway and
Beach Commission attend the meeting and explain the duties and responsibilities of
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this Commission and answer questions of the members of 1:he Board. The following
persons were in attendance: ;
Mr. John van B. Metts
Mayor Richard Kepley of Carolina Beach
Mayor Robert Sawyer of Wrightsville Beach
Col. Paul S. Denison
Mr. M. H. Vaughan
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Mr. Metts presented to each of the Commissioners an outline of the
background and responsibility of the Commission, along "'lith a statement
jectives, composition, organization structure and propoE:ed projects.
purpose,
of its ob-
Chm. O'Shields suggested that the Port, Waterway a~d Beach Commission keep the
Commissioners posted, at least on a quarterly basis, on lwhat they were doing.
PROGRESS REPORT ON CONST'RUCTION OF LAW ENFORCEMENT CENTER
Mr. Herbert McKim of Ballard, McKim and Sawyer, Architects for the Law Enforcement
Center reported to the Board on the progress of repairs to the Library and construction
progress on the Law Enforcement Center. He stated that the Library repairs should be
completed sometime in February. Mr. McKim reported that the contractor for the Law
Enforcement Center was approximately 60% complete on the third floor slab, that the
total project was approximately eight weeks behind schequle at this time and that
he thought the building would be completed sometime in September or October of 1977.
PUBLIC HEARING
Notice had been given that a public hearing would te held by the Board of Com-
missioners of New Hanover County on Monday, December 20, 1976, 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 REZONING PROPERTY LOCATED ON THE EAST SIDE OF SOUTH COLLEGE
ROAD APPROXIMATELY 150 FEET NORTH OF MACMILLAN DRIVE FROM R-15 (RESIDENTIAL DISTRICT)
TO B-1 (BUSINESS DISTRICT) IN ZONING AREA #9B.
Planning Director Richard Fender explained to the Board that the staff had originally
recommended denial of this request for one lot to be rezoned but was instructed by the
Planning Commission to secure the agreement of the adjoining property owners in order to
get a contiguous rezoning area rather than a spot zoning. Upon doing this, the Planning
Commission, at its meeting of December 1, 1976, and the Planning Staff recommended approval
of this rezoning.
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Chm. O'Shields asked if there was anyone present to speak in favor of this rezoning
and Attorney Alton Lennon, repr,esenting the petitioners, appeared to request the re-
zoning be approved.
No one appeared in opposition.
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MINUTES OF REGULAR MEETING, DECEMBER 20, 1976
REZONING PROPERTY ON SOUTH COLLEGE ROAD NORTH OF MACNILLAN DRIVE (CONTINUED)
Comm. Alper moved, seconded by Comm. Wright, approval of this rezoning and adoption
of the ordinance entitled "An Ordinance of the County of New Hanover Amending the
Zoning Map of Zoning Area #9B of ~~w Hanover County, North Carolina, Adopted July 1,
1972." Upon vote, the motion carri~d unanimously.
A copy of the Ordinance as adopted and signed i:; contained in Zoning Ordinance
Book I, Section #9B, Page 28.
.PUBLIC HEARING TO CONSIDER THE FOLLOWING PROPOSED AW~NDMENTS TO THE COUNTY ZONING
ORDINANCE:
Planning Director Richard Fender explained that Amendment #1 was staff initiated
as the Building Inspector had requested clarificatio~ on Article 56-2. He stated that
the Planning Commission had considered both these am~ndments at its December 1 meeting
and both the Planning Commission and Planning Staff recommended approval of these
amendments.
Upon motion by Comm. Wright, seconded by Comm. ~lper, the following two amendments
to the County Zoning Ordinance were unanimously adopted:
1. Amend Article V, Section 56-2 by adding the following:
(32) Automobile paint shop, body repair and/or frame shop.
2. Amend Article V, Section 54-3 by adding the following:
(12) Indoor or outdoor recreational facilities and/or activities.
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PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMHENDATION OF THE PLANNING COMMISSION
TO DENY AN APPLICATION FOR SPECIAL USE PERMIT TO US!: PROPERTY AT 234 ROSE AVENUE FOR A
FAMILY CARE HOME
Planning Director Richard Fender reported that the Planning Commission had con-
sidered this application at its meeting of December 1, 1976, and recommended denial by
a tie vote. He stated that the Planning Staff had also recommended denial.
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Chm. O'Shields asked if there was anyone present to speak in favor of this Special
Use Permit and Mrs. Jessie Potter, the petitioner, and Mrs. Harris, real estate agent,
appeared to request approval.
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 ~ith the plan of development for
New Hanover County, Comm. Alper moved, seconded by Comm. Williams, to grant this ap-
plication and hope that the guests will be very happy and so will the neighbors.
Chm. O'Shields asked if there was anyone present to speak against this application,
and Mr. J. B. Bowden and Mr. M. J. Fountain, neighl::1oring property owners, spoke in
opposition.
Upon vote, the Special Use Permit was approved by the following vote:
Voting Aye: Comm. Alper, Williams, Wright and Chm. O'Shields
Voting Noe: Comm. Gottovi
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PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOHMENDATION OF THE PLANNING COMMISSION
TO DENY THE FOLLOWING PROPOSED AMENDMENTS TO THE COUNTY ZONING ORDINANCE
Planning Director Richard Fender reported to 1:he Board that the following Amendments
to the Zoning Ordinance were requested by petition and that the Planning commission had
considered these amendments at' its December 1, meeting and both the Planning commission
and Planning Staff recommended denial.
1. Amend Article V, Section 52-3 by adding the following:
(28) Barber shop.
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MINUTES OF REGULAR MEETING, DECEMBER 20, 1976 (CONTINUED)
PROPOSED
2.
AMENDMENTS TO COUNTY ZONING ORDINANCE (CONTINUED)
Amend Article VII, Section 72 by adding the following:
72-28 Barber Shop - A barber shop may be permitted in the R-15 District
Provided:
(1) Such activity is on a lot adjacent to a major or minor
thoroughfare;
(2) Off-street parking meets the requirements of Article VIII of
this ordinance;
(3) A paved or otherwise improved driv,~way, with ingress and
egress directly onto a public strel~t, is constructed in such
a manner as to provide entrance to and exit from the property
without backing onto the street riqht-of-way;
(4) No outside sign in excess of two en square feet in area shall be
permi tted;
(5) A planted buffer strip must be pro'Tided along all side and
rear property lines which adjoin a residential zone; and
(6) All structures shall have a side and rear yard ten (10)
feet and a front yard twenty-five (25) feet greater than
that required for a single family ~esidence within the R-15
District.
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Chm. O'Shields asked if there was anyone present to speak in favor of these amend-
ments to the Zoning Ordinance and Attorney Alton Y. Lennon, representing the petitioner
appeared before the Board to request approval. He presEmted a petition signed by the
neighboring residents giving their approval to the amendments.
Chm. O'Shields asked if there was anyone present to speak in opposition to this
request and no one appeared in this regard.
After much discussion, Chm. O'Shields moved, seconded by Comm. Alper, that this item
be tabled until the second meeting in January. Upon vot:e, the motion carried unanimously.
BREAK
Chm. O'Shields recessed the meeting for a break from 10:44 a. m. to 10:55 a. m.
PETITION FOR ADDITION OF APACHE TRAIL TO STATE SECONDARY ROAD SYSTEM
The Commissioners had been furnished copies of a memo from Mr. Harry Oakes of the
Planning Department concerning this petition. Mr. OakeE presented the recommendation
of the Planning Staff that the road not be recommended for addition to the State
System. He stated that the Planning Staff also recomme~ded that the Board write a
letter to the developer requesting that he consider putting in the improvements which
were required when the roads were constructed or that h~ participate with the residents
in having these improvements made.
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Comm. Alper moved, seconded by Comm. Williams, to take the recommendation of
Mr. Oakes and not approve this petition at this time and that the Board recommend
that a letter be sent to the developer outlining what should be done. Upon vote, the
motion carried unanimously.
RESOLUTION REQUESTING ROADS IN QUEENS POINT SUBDIVISION BE ADDED TO STATE SYSTEH
The Division of Highways, County Engineer and Planning Department recommended that
the following rbads in Queens Point Subdivision be added to the State Road System:
Bedford Road West
From SR 1815 Northeasterly to Londonderry Drive
From Londonderry Drive to Ludlow Drive
From Ludlow Drive to SR 1403
Ludlow Drive
From Bedford Road West to Raintree Court
From Raintree Court to Dead End
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Londonderry Drive
From Bedford Road West to Parliament Drive
From Parliament Drive to SR 1403
Parliament Drive
From Londonderry Drive to Sussex Court
From Sussex Court to Wellington Drive
From Wellington Drive to Bedford Road East
Sussex Court
From Parliament Drive to Dead End
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MINUTES OF REGULAR MEETING, DECEMBER 20, 1976 (CON'rINUED)
QUEENS POINT ROAD PETITION (CONT~NUED)
Wellington Drive
From Parliament Drive to York Court
From York Court to SR 1814
York Court I
From Wellington Drive to [Dead End
Bedford Road East
From SR 1403 to Parliament Drive
From Parliament Drive to Lord Drive
From Lord Drive to SR 1815
Mr. Harry Oakes of the Planning Department re:ported that the people of this area
had gone to a lot of trouble in obtaining funds to bring the roads up to the State
Standards.
Comm. Alper moved, seconded by Comm. Gottovi, to endorse the recommendation
and adopt the resolution requesting the addition of the above roads in Queens
Point Subdivision to the state Secondary Road Syst'~m. - Upon vote, the mbtion carried
unanimously.
A copy of the resolution is on file in the County Manager's Office
RECLASSIFICATIONS OF POSITIONS IN SHERIFF'S DEPARTMENT
Sheriff Grohman and Capt. Evans appeared before the Board to request that a new
position of Internal Affairs and Planning Officer be created and assigned to salary
grade #71 which is the equiv,alent of Captain and that the position of Crime Prevention
Officer be reclassified from Deputy to Sergeant. rhey stated that they were not asking
for any additional funds.
Upon motion by Comm. Gottovi, seconded by Com~. Williams, the reclassifications
were unanimously approved as requested.
COMM. ALPER LEAVES MEETING
Comm. Alper left the meeting at 11:14 o'clock a. m. and was absent for the rest
of the meeting.
ACCEPTANCE OF REPORT OF TASK FORCE ON DELINQUENCY PREVENTION AND YOUTH SERVICES
The Commissioners had been furnished a copy of the report of the Task Force
on Delinquency Prevention and Youth Services. They were requested to approve this
report and forward it to the North Carolina Department of Human Resources.
Mr. William Childs, a member of the Task Force Committee, was'present to answer
questions and explain the report.
Chm. O'Shields asked if there was anyone present to speak on this report and the
following persons offered their comments:
Dr. William A. Phillips
Miss Linda Williams, Clinical Director of Youth Help, Inc.
Mrs. Elena Jones
Dr. Richard Tamisiea
Mr. William Childs
Mrs. Louise Gorham
Comm. Williams ,moved, seconded by Comm. Wright, to accept the report and forward
it to the Department of Human Resources with the understanding that it may be modified or
further recommendations may be made at a later date. Upon vote, the motion carried as
follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent: Comm. Alper
APPROVAL OF RESOLUTION OF INTENT TO CLOSE A PORTION OF 2ND OR 47TH STREET
The Commissioners were requested to adopt a resolution of intent to close 2nd or
47th Street in Winter Park Gardens. The resolution would be advertised for 4 consecu-
tive weeks, after which a public hearing would be held and final action taken by the
Commissioners.
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MINUTES OF REGULAR MEETING, DECEMBER 20, 1976 (CONTINUED)
RESOLUTION OF INTENT TO CLOSE A PORTION OF 2ND OR 47TH S']:REET (CONTINUED)
Chm. O'Shields moved, seconded by Comm. williams adoption of the Resolution
of Intent to Close a Portion of Second or Forty Seventh Street in Winter Park Gardens
of New Hanover County, North Carolina as requested. Upon vote, the motion carried as
follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent: Comm. Alper
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A copy of the Resolution is contained in Exhibit Boc,k IV, Page 41.
RELEASE OF TAX LISTING PENALTY - ERNEST H. KEITH
Mr. Ernest H. Keith, Accountant, appeared before the Board to request release of
the tax listing penalties on property belonging to several of his clients. He stated
that he had received some erroneous information and thought there had been an extension
period granted for listing business properties.
Attorney Taylor explained the legal authority under which the penalty could be
released.
Comm. Wright requested that the following item be acted on before handling
Mr. Keith's request.
CHANGE IN PROCEDURE OF APPLYING PARTIAL PAYMENTS TO DELINQUENT TAXES
The Audit Report on the Tax Department indicated that the method of applying
partial payments to delinquent taxes used by the Tax Office may not fully comply
with the Machinery Act. Tax Administrator Larry Powell explained the method used
by the Tax Department and that proposed by the Auditors. He furnished an estimated
cost of converting to the method proposed by the Auditors and requested direction
from the Commissioners as to whether the system should be changed.
Comm. Wright moved, seconded by Comm. Gottovi, that the Tax Department be told to
abide by the law and that $5,000 be transferred from Contingencies, Acct. #11 445 61,
to the following accounts in the Tax Department Budget:
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Acct. #ll 450 12, Printing
Acct. #11450 45, Contracted Services
Acct. #11 450 02, Salaries and Wages
$ 675
150
4,175
Upon vote, the motion carried as follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent: Comm. Alper
RELEASE OF TAX LISTING PENALTY - ERNEST H. KEITH (CONTlNU'~D)
Comm. Gottovi moved, seconded by Comm. Wright, to re,lease the penalties as re-
quested by Mr. Keith. Upon vote, the motion carried as follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent: Comm. Alper
A copy of the request and list of penalties is contained in Exhibit Book IV,
Page 42.
APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH NOVEMBER 30, 1976
Comm. Wright moved, seconded by Comm. Williams, appn)val of the Collector of
Revenue Report through November 30, 1976. Upon vote, the motion carried as follows:
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Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent: Comm. Alper
A copy of the report is contained, in Exhibit Book IV, Page 43.
DISCUSSION OF LIST OF ABATEMENTS AND REFUNDS
Comm. Wright questioned two of the items contained in the list of Abatements and
Re funds.
Attorney Taylor requested time to review the statute on this matter.
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MINUTES OF REGULAR MEETING, DECEMBER 20, 1976 (CONTINUED)
BUDGET AMENDMENT - HEALTH DEPARTMENT CONSTRUCTION
In order to make the final payments to the Architect and General Contractor on
the Public Health Building, the Commissioners we:re requested to make the following
budget amendment:
Debit - Health Construction
Acct. #62 299 00, Unappropriated Fund BalanC'e
$ 1,864.87
Credit - Health Construction
Acct. #62 590 04, Professional Fees
Acct. #62 590 45, Contracted Services
$ 511. 87
1,353.00
This payment had been approved by the Commissioners at their December 6 meeting,
but the auditors had reversed the encumbrances for this purpose; therefore, there was
no appropriation.
Comm. Wright moved, seconded by Comm. Williams, approval of the budget amendment
as requested in the Health Construction Budget. Upon vote, the motion carried as
follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent: Comm. Alper
BUDGET AMENDMENT - REVENUE SHARING
County Manager Eller reported that the Revenue Sharing Check that New Hanover
County would receive in April would not be subject to the new legislation which in-
cluded public hearings and other procedures not c~ntained in the old legislation if
the budget was amended to appropriate those funds prior to January 1, 1977. The
County Manager and Finance Officer recommended th~t the payment to be received in
April be appropriated to the Law Enforcement Center Capital Project Fund and that the
following budget amendment be approved:
Revenue Sharing Fund
Debit - Acct. #56 349 00, Federal Government Grants $259,712
Credit - Acct. #56 575 98, Contribution to Capital Project
Fund - LEC Phase [I 259,712
Comm. Wright moved, seconded by Comm. Gottovl, approval of the budget amendment
as outlined. Upon vote, the motion carried as follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent: Comm. Alper
BUDGET TRANSFER - TAX DEPARTMENT
Comm. Wright moved, seconded by Comm. Gottov::., approval of the transfer of $5,000
from Contingencies, Acct. #11 445 61, to Tax Payments and Refunds, Acct. #11 450 60,
in order to pay taxes owed by the County. Upon vote, the motion carried as follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent: Comm. Alper
BUDGET TRANSFER - GARAGE
Comm. Williams .moved, seconded by Comm. Wright, approval of the transfer of $500
from Acct. #11 555 55, Purchases for Inventory, to Acct. #11 555 33, Supplies and
Materials, in the Garage Budget to account for pri.nting new garage charge tickets.
Upon vote, the motion carried as follows:
Voting Aye: Co~n. Gottovi, Williams, Wright and Chm. O'Shields
Absent:
Comm. Alper
BUDGET TRANSFER - ENGINEERING
Comm. Williams moved, seconded by Comm. Wrigt.t, approval of the following budget
amendment in the Engineering Budget in order to account for insurance funds received
and county funds expended to repair radio equipment:
Debit
Debit
- Acct. #11 335 00, Misce1J.aneous Revenue
- Acct. #11 540 02, Salaries
$ 291. 72
100.00
Credit - Acct. #11 540 16, M & R - Equipment 391. 72
Upon vote, the motion carried as fOLlows:
VotingAY~: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent: Comm. Alper
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MINUTES OF REGULAR MEETING, DECEMBER 20, 1976 (CONTINUED)
BUDGET TRANSFER - GARAGE
Comm. Williams moved, seconded by Comm. Wright, approval of the transfer of
$1,450 from Acct. #11 555 48, Purchase for Resale, to Acct. #11 555 74, Capital Outlay -
Equipment, to purchase gasoline storage tanks and gas pumps at the garage as recom-
mended by the County Engineer and County Manager. Upon ~ote, the motion carried as
follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent:
Comm. Alper
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ACCEPTANCE OF GRANT AWARD AND BUDGET AMENDMENT - TRANSIENT SHELTER
County Manager Eller explained that the application 'for a grant from the N. C.
Division of Youth Services in the amount of $10,165 had been approved and the Com-
missioners were requested to authorize execution of the qrant Agreement. This grant
was to be matched by $10,165 in County funds, and the fUEds would be used for the
operation of a transient shelter facility to be operated:by the New Hanover Drug
Abuse Committee, Inc. The Commissioners were also reque~ted to approve a contract
between the County and the Drug Abuse Committee for the operation of the shelter.
Comm. Gottovi moved, seconded by Comm. Wright, authorization of the exeuction of
the Grant Agreement with the N. C. Division of Youth Ser\ices, the Contract with the
Drug Abuse Committee and approval of the following budge~ amendment to account for
the funds:
Debit - Acct. #11 445 61, Contingencies
- Acct. #11 350 22, State Grants - Youth Ser~ice
$ 10,165
10,165
Credit - Acct. #11 660 93, Non-Dept. - Contribution~ to
Other Agencies - Transie~t
Shelter ~
$ 20,330
Upon vote, the motion carried as follows:
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Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent:
Comm. Alper
APPROVAL OF LIST OF TAX ABATEMENTS AND REFUNDS
Attorney Taylor had reviewed the Statute pertaining to Comm. Wright's question
concerning abatements and recommended that the list be approved as written.
Comm. Gottovi moved, seconded by Comm. Williams, approval of the list of Tax
Abatements and Refunds. Upon vote, the motion carried a::; follows:
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Voting Aye: Comm. Gottovi, Williams, and Chm. O'Shields
Voting Noe: Comm. Wright
Absent: Comm. Alper
A copy of the list of abatements and refunds is contained in Exhibit Book IV,
Page 44.
REFUND OF TAXES - W. L. SHAW
Chm. O'Shields moved, seconded by Comm. Williams, approval of refund of taxes for
three years which Mr. W. L. Shaw had paid on property he thought he owned. Upon vote,
the motion carried as follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
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Absent:
Comm. Alper
WAIVER OF LATE LISTING PENALTY - PACESETTER INDUSTRIES, INC.
Tax Administrator Larry Powell gave the background on this matter stating that
when pacesetter Industries, Inc. acquired France Neckwear, they were not aware that
proper tax listings had not been made since 1971.
Mr. Jeffrey E. Britz, President of Pacesetter Indust.ries, Inc., appeared before
the board to request release of the penalty in the amount of $68,845.91. Mr. Powell
stated this release was authorized under General Statute 105-312 (K).
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MINUTES OF REGULAR MEETING, DECEMBER 20, 1976 (CON'rINUED)
WAIVER OF TAX LISTING PENALTY - PACESETTER INDUSTRIES, INC. (CONTINUED)
Comm. Gottovi moved, seconded by Comm. Wright, to release the penalty as re-
quested in the amount of $68,845..91. Upon vote, t'1e motion carried as follows:
Voting Aye: Comm. Gottovi, Williams, Wright ,:md Chm. 0' Shields
Absent: Comm. Alper
RESOLUTION ACCEPTING AND AGREEING TO IMPLEMENTATION OF 201 FACILITIES PLAN
The Commissioners were requested to adopt a nf~W resolution accepting and agreeing
to implementation of :the "Final" version of the 201 Plan. Thil? resolution was similar
to those previously adopted.
Chm. O'Shields moved, seconded by Comm. Wrigh1:, adoption of the following resolution:
RESOLUTION ACCEPTING AND AGREEING TO IMPLEMENTATION
OF 201 FACILITIES PLAN FOR
THE GREATER WILMINGTON A]~A
WHEREAS, New Hanover County has heretofore agreed to cooperate and
participate with the City of Wilmington and the Town of Wrightsville Beach
in the preparation of a "Section 201 Facilities Plan" as required by Public
Law 92-500, and in conformity with Federal requlations governing facilities
planning, and for the purpose of Federal gran1:-in-aid assistance such plan-
ning is a prerequisite;
WHEREAS, the 201 Facilities Plan and Addenda have been completed and
reviewed by New Hanover County;
NOW, THEREFORE, BE IT RESOLVED THAT:
The Board of Commissioners of New Hanover County does hereby accept and
agree to the implementation of the "Section 201 Facilities Plan" as required
by Public Law 92-500, and in conformity with ~iection 35.917-6 of the Rules
and Regulations Governing Construction Grants for Waste Treatment Works.
Adopted this the 20th day of December, 1976, at Wilmington, North
Carolina.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Gottovi, Wi 11 iams, Wright c,nd Chm. 0' Shields
Absent: Comm. Alper
AWARD OF BIDS ON AIR CONDITIONING WORK IN THE ADMIKISTRATION BUILDING
The following bids were received on December 15 for renovations to the air condi-
tioning system in the Administration Building due to the construction of the new
tax offices:
Jordan-Blanton-Myers
Hanover Iron Works
Cannon Heating & Air Conditioning Co.
$12,885
10,429
9,368
No cash discount
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Comm. Wright moved, seconded by Chm. O'Shields, to award the bid to Cannon Heating
and Air Conditioning.Company in the amount of $9,368 as recommended by the County
Engineer. Upon vote, the motion carried as follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent:
Comm. Alper
DISCUSSION OF LANDFILL RATES
County Manager Eller reported that Waste Industries had verbally agreed to withdraw
their request for an interim rate increase. He stated that Lonnie Poole, President of
Waste Industries, had promised to get a letter to the Commissioners agreeing to this,
but it had not yet been received.
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MINUTES OF REGULAR MEETING, DECEMB~R 20, 1976 (CONTINUED)
APPROVAL OF PUBLIC OFFICIAL BONDS
The Commissioners were requested to approve the bonds for the Register of Deeds,
Mrs. Lois Canady LeRay and Mrs. Nina B. Tenuta, Finance Officer for the Board of
Education. County Attorney James Fox had approved the bonds as to. form.
Comm. Wright moved, seconded by Comm. Williams, approval of the Public Official
Bonds for Mrs. LeRay and Mrs. Tenuta. Upon vote, the mot:ion carried as follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
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Absent: Comm. Alper
EXECUTIVE SESSION
Comm. Gottovi moved, seconded by Comm. O'Shields, that the meeting be recessed to
Executive Session to discuss Attorney/Client matters with Attorney Alton Lennon who
was representing the County in the lawsuit with Davidson and Jones concerning repairs
to the Public Library, and also for Commi ttee appointmen t:s. Upon vote, the motion
carried as follows:
voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
Absent: Comm. Alper
Chm. 0' Shields recessed the meeting to Executive Se~:sion at 1: 09 0' clock p. m.
Chm. O'Sheilds reconvened the meeting to Public Ses~ion at 1:47 o'clock p. m.
APPOINTMENTS TO BOARD OF HEALTH
Chm. 0' Shields moved, seconded by Comm. Gottovi, thE' reappointment of Mr. R. E.
Carter, Jr.; Mrs. Roma Lee Hall; Mr. George Chadwick and Mr. J. R. Reaves and the
appointment of Mr. Deother Melvin to replace Mr. Bruce Freeman and Dr. Murray K. Seidel
to replace Dr. James TidIer on the Board of Health all fc,r three year terms expiring
December 31, 1979, and that the appointments not be made public until the appointees
had been contacted. Upon vote, the motion carried as follows:
Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields
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Absent:
Comm. Alper
MOTION TO ADJOURN
Comm. Wright made a motion to adjourn. The motion died for lack of a second.
DISCUSS ION OF LETTER FROM MAYOR HALTERMAN ,'"
Chm. O'Shields reported on the receipt of a letter from Mayor Halterman of the
City of Wilmington outlining the Mayor's Task Force on City Core Revitalization and
stating that it was recommended that the composition of this Board include one member
from the County Commission and one appointee from the County Manager's Office.
It was decided to review the report and act on this matter in January.
Mayor Halterman's letter also suggested a joint discussion between members of
,City Council and the County Commission on December 28 at 8:00 a. m.
It was agreed that it would be better to try to find a mutually convenient time
after the first of the year for this discussion instead of during the holidays.
DISCUSSION ON AIRPORT RUNWAY PROJECT
County Manager Eller reported briefly on the pre~app1ication for funds for a
parallel taxiway at the Airport.
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WARRANT AGAINST RESIDENT OF FOXCROFT FOR VIOLATION OF ZONING ORDINANCE
County Manager Eller reported to the Board that Chief Building Inspector, Thad
Carmichael, had taken out a warrant against a resident of Foxcroft for operating a
garage in back of his home which was in violation of the Zoning Ordinance. He just
wanted the Commissioners to be aware of this in case they received any calls on it.
DISCUSSION ON CAPE FEAR TECH BIDS FOR RENOVATIONS TO BUILDING
Finance Officer Felix Cooper reported that the Cape Pear Technical Institute Board
had awarded bids on the renovation of their building for ~hich the Commissioners had
budgeted $100,000. He requested approval of the Cape Feat Tech Board's action in order
to pay the bills for the work that would be done.
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MINUTES OF REGULAR MEETING, DECEMBER 20, 1976 (CONTINUED)
CAPE FEAR TECH BIDS (CONTINUED)
It was decided that the County Manager and Finance Officer would look into the
matter to see if the Commissioners needed to take any action and report on it at
the first meeting in January if necessary.
REQUEST FOR NEW FLAGS FOR ASSEMBLY ROOM
Comm. Williams stated that she would like to s'~e some new flags in the Assembly
Room if there were any funds avai:lable.
REQUEST FOR NEW CHAIRS FOR ASSEMBLY ROOM
Chm. 0' Shields stated that he would like to se'~ some new chairs for the Com-
missioners in the Assembly Room and put the old one:; in the conference room next to
the County Manager's Office so th,at the room could be used more.
BUDGET TRANSFER TO PURCHASE FURNITURE FOR COMMISSIONERS 'OFFICE
Chm. O'Shields moved, seconded by Comm. GottOV:l, to transfer $1,000 from Contin-
gencies, Acct. #11 445 61, to Equipment, Acct. #11 410 74, in the Governing Body
budget to purchase furniture for the Commissioners' Office and to purchase two new
flags for the Assembly Room. Upon vote, the motion carried as follows:
Voting Aye: Comm. Gottovi, Williams and Chm. O'Shields
Voting Noe: Comm. Wright
Absent: Comm. Alper
ADJOURNMENT
Comm. Williams moved, seconded by Comm. Gottov:L, that the meeting be adjourned.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Gottovi"Williams, Wright and Chm. O'Shields
Absent:
Comm. A.1per
Chm. O'Shields adjourned th~ meeting at 2:07 o"clock p. m.
Respectfully submitted,
t2Lye-<- ,0, ~<1~
Alyce B. Brown
Clerk 1:0 the Board
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MINUTES OF REGULAR MEETING, JANUARY 4, 1977
ASSEMBLY
The New Hanover County Board of Commissioners net in Regular Session on Tuesday,
January 4, 1977, at 9:00 o'clock a. m. in the AssenM)ly Room, New Hanover County
Administration Building, Wilmington, North Carolina. (Since Monday, January 3, 1977,
was a County holiday, the regular meeting was held on Tuesday, January 4, 1977.)
Members present were Commissioners George E. Alper, Karen E. Gottovi; Ellen C.
Williams; Vivian S. Wright; Chairman Claud 0' ShieldE:, Jr.; County Manager Dan W. Eller,
County Attorney James,C. Fox; and Clerk to the Board, Alyce B. Brown. No members were
absent.
Chm. O'Shields called the meeting to order.
Rev. J. A. Humphrey of Mt. Olive A. M. E. Church offered the invocation.
APPROVAL OF MINUTES: REGULAR ME~~ING, DECEMBER 20, 1976
Upon motion by Comm. Alper, seconded by Comm. Wright, the Minutes of the Regular
Meeting of December 20, 1976, were unanimously approved as presented.
PRESENTATION OF CERTIFICATES OF APPRECIATION TO FORMER COMMISSIONERS PETER R. DAVIS AND
WILLIAM C. TAYLOR
Chm. O'Shields presented certificates of appreciation to former Commissioners Peter
R. Davis and William C. Taylor. A gavel was also presented to Mr. Davis for having
served as Chairman of the New Hanover County Board of Commissioners from December 1974
until December 1976.
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