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1977-01-04 Regular Meeting . ,.,.. ". I. . ,\ k !, lj t-~ ,~\ ,., 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 ab 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. ,~~ /: /2,54 MINUTES OF REGULAR MEETING, JANUARY 4, 1977 APPROVAL OF CONTRACT WITH YOUTH HELP, INC. County Manager Eller reported that under the terms of the LEAA Grant, it was neces- sary for New Hanover County and Youth Help to enter into ~ contract in order for Youth Help to operate a group care home. The Commissioners wer~ requested to authorize the Chairman to execute the Contract as prepared by LEAA. Comm. Alper moved, seconded by Comm. Gottovi, that the Commission authorize the Chairman to sign the Contract as requested. Upon vote, the motion carried unanimously. A copy of the Contract is on file in tb,e County Mana~er's Office. r) TABLING OF NUTRITIONAL AND SOCIAL SERVICE PROGRAM FOR THE ELDERLY County Manager Eller explained the program and Mr. R~bert Clark, Director of Senc- land Community Action, appeared before the Board to request the Commissioners provide the local match of approximately $3,900 and endorse his application for the funds to operate a nutritional and social service program which would provide 135 meals per day for the elderly in New Hanover County. Chm. O'Shields moved, seconded by Comm. Alper, that this matter be tabled until the second meeting in January and obtain information on other programs that were currently available to see what type of response is gotten from them. Upon vote, the motion carried unanimously. The County Manager was requested to have a represent~tive from the Council of Governments and from the Services for the Aging present at the second meeting in January to give information on programs available. PUBLIC HEARING TO CONSIDER AN APPL1CATION FOR SPECIAL USE PERMIT TO USE PROPERTY (HARRELSON'S MARINA) ON THE EAST SIDE OF MIDDLE SOUND LOOP ROAD APPROXIMATELY 500 FEET SOUTH OF BAILEY AVENUE FOR A MARINA IN ZONING AREA #3. Planning Director Richard Fender reported that this item had been continued from the meeting of December 6, 1976. He stated that the Planning Commission had considered this application at its September meeting and recommended' approval but the Planning Staff had recommended denial. Chm. O'Shields asked if there was anyone present to pseak in favor of this Special Use Permit and Mr. Buddy Harrelson, the petitioner and ow~er and operator of Harrelson's Marina,appeared before the Board to request approval of the Special Use Permit and pre- sented a petition signed by area residents who were in fa;vor of granting thf! Special Use Permit. He also presented a pollution report from th,~ State of North Carolina. A I / Chm. O'Shields asked if there was anyone present to speak in opposition to this Special Use Permit and Mr. William Hill, Attorney, appear,~d on behalf of Mr. and Mrs. Esso Clemmons and Dr. and Mrs. Horace Thompson to request: denial of the request. He presented a petition signed by area property owners who w~re opposed to the Special Use Permit and read a letter from an area resident who was opposed. The following persons appeared before the Board to si:)eak in opposition to the .~. Special Use Permit: Mrs. Horace Thompson Mr. Esso Clemmons Dr. H. W. Gillen Mr. Steve Clemmons Mr. James B. Hughes Dr. Horacl,~ Thompson Mr. Dick :3tickney Mr. Paul Holiday The following persons appeared before the Board to s'::)eak in favor of the Special Use Permit: Mrs. Buddy Harrelson Mr. Linwood Thorpe Mr. Winston Thompson Mr. Jimmy Lane Mr. Ralph Baldwin Mr. Jack Talbert r) Comm. Wright made a motion to approve the Special USf~ Permit. The motion died for lack of a second. (See Page 258 for clarification) Comm. Wright moved to approve the Special Use Permit minus the ramp that was proposed. The motion died for lack of a second. (See Paae 258 for clarification) l- . I. :. 'j ,., i; ( [' r' ~').J MINUTES OF REGULAR MEETING, JANUARY 4, 1977 HARRELSON SPECIAL USE PERMIT (CONTINUED) After the Commission had consi.dered the follmdng four items and found them to be fact, (a) that the use would ho't 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 alproved, 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'Shield1: moved, seconded by Comm. Wright, that this Special Use Permit be issued based on the following conditions: 1. Plan as submitted with th'e application for Special Use Permit and as modified by the Board of County Commissiorers to include: (a) deletion of the boat ramp; (b) deietion of the boat sales area; and (c) deletion of the cover structure over the 27 new boat slips; 2. That all outdoor lighting be installed so as not to shine or reflect directly onto surrounding properties in an objectionable manner; and (See Page 258 for correction in wording oj' condition #2) 3. That this Special Use Permit shall comply with all other supplemental regulations and requirements imposed by the Zoning Ordinance and any other applicable "Federai, State or local ordinances. Upon vote, the motion carried unanimously. BREAK Chm. O'Shields recessed the meeting for a break from 11:20 a. m. to 11:30 a. m. APPROVAL OF FINAL PLAT - ARROWHEAD SUBDIVISION, SECTION 5 Comm. Wright moved approval inasmuch as the letter didn't state any problems. The motion died for lack of a second. Mr. Harry Oakes of the Planning Department reported that the preliminary master plan for Arrowhead subdivision was granted a conditional approval at the September 27, 1976, Planning Commission, Subdivision Review Committee meeting. He also reported that Section 5 was granted a final approval under the 25-lot provision at the Planning Commission, Subdivision Review Committee meeting on December 20, 1976. Comm. Alper moved, seconded by Comm. Williams, that the final plat of Arrowhead Subdivision, Section 5 be approved. Upon vote, the motion carried unanimously. SELECTION OF CPA FIRM FOR FISCAL YEAR 1976/77 County Manager Eller stated that he felt it was wise to change auditors periodically and that since the same firms haa been doing the au~its for a number of years, he would recommend changing auditors. He also reported that he could find no reason for the Tax Office books being audited separately from the other County Finance Records and recom- mended that the same firm be retained to do both aulits. Chm. O'Shields moved, seconded by Comm. Willialns, to concur with the County Manager's recommendation and retain the firm of Lowrimore, WanNick & Company to audit the County's financial records. Upon vote, the motion carried u~animously. AWARD OF CONTRACT FOR TRACTOR/BACKHOE FOR AIRPORT The following bids were received on December 2'~ for the backhoe to be used at the airport: Cottle Equipment Company Lee Ford & Tractor Company N. C. Equipment Company Sessions Farm Machinery Wilkes-White Tractor Compa~y $ 15,852.24 14,745.00 14,635.00 14,957.80 15,481. 77 Comm. Wright moved, seconded by Comm. Williams, to award the contract for the backhoe for the airport to Lee Ford & Tractor Company, the low bidder meeting specifi- cations, in the amount of $14,745. Upon vote, the Inotion carried unanimously. ~ / ( 256 MINUTES OF REGULAR MEETING, JANUARY 4, 1977 BUDGET AMENDMENT - SALES TAX Comm. Wright moved, seconded by Comm. Alper, approval of the following budget amendment to provide for payment of sales tax for the ren~inder of this fiscal year on the hospital expansion contracts: Debit - Acct. #11 398 00, Unappropriated Fund Balance $ 32,000. Credit - Acct. #11 660 73, State Sales Tax 24,000. Acct. #11 660 39, County Sales Tax 8,000. f) Upon vote, the motion carried unanimously. REPORT ON FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM County Manager Eller reported to the Commissioners that a 5-year capital im- provements program was being prepared and that Mr. Bill Farris in the Planning Depart- ment was in charge of the preparation. He outlined some of the things that would probably be included in the program. DISCUSSION OF INFORMAL MEETING WITH WILMINGTON CITY COUNCIL Comm. Wright questioned the informal meeting which l'lad been scheduled for Monday, January 10, with members of Wilmington City Council, and 'each of the Commissioners offered comments on the meeting. MOTION TO ADJOURN Comm. Wright made a motion to adjourn. The motion died for lack of a second. EXECUTIVE SESSION Comm. Alper moved, seconded by Comm. Gottovi, that t:he meeting be recessed to Executive Session to discuss committee appointments. Upon vote, the motion carried unanimously. Chm. O'Shields recessed the meeting to Executive SeE:sion at 12:00 o'clock noon. . COMM. WRIGHT LEFT THE MEETING AT 12:18 O'CLOCK P. M. AND WAS ABSENT FOR THE REST OF THE MEETING. 1 Chm. O'Shields reconvened the meeting to Public SesE:ion at 12:35 o'clock p. m. APPOINTMENT OF SAMUEL HICKS AND ESSO CLEMMONS TO PORT, Wl'.TERWAY AND BEACH COMMISSION AND WILLIAM CRUMPLER TO ZONING BOARD OF ADJUSTMENT Comm. Gottovi moved, seconded by Comm. Alper, the a~pointment of Samuel HickS, Jr. to a 3-year term beginning February 28, 1977, and Esso C1Elmmons to an unexpired term ending February 28, 1978, on the Wilmington-New Hanover Port, Waterway and'Beach Com- mission and the appointment of William Crumpler to an unexpired term ending November 15, 1977, on the New Hanover County Zoning Board of Adjustme~t. Upon vote, the motion car- ried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm; O'Shields Absent: Comm. Wright DISCUSSION ON USE OF COUNTY BUILDINGS FOR USE BY NON-GOVERNMENTAL ORGANIZATIONS County Manager Eller reported on the receipt of a le,tter from State Senator William Smith concerning an act to be presented to the Legislatur'e which would require all County Commissioners who let people use County Buildings 'adopt some sort of ordinances or rules governing the use of the buildings by individual groups or associations. Mr. Eller stated that he felt this matter should be left up to the individual counties and not be dictated by the General Assembly. r) Chm. O'Shields suggested that letter be written to ~~. Smith asking that he not introduce that Bill as it was felt that should be left tq the discretion of the County Commissioners of each County. Comm. Williams moved, seconded by Comm. Alper, to answer the letter from Mr. Smith stating that the Commissioners did not favor the introduction of this bill. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright ~., .. L.. . .;: i~.i r' >', F) 71 ,., MINUTES OF REGULAR MEETING, JANUARY 4, 1977 I' REPORT ON FINAL SETTLEMENT FROM BICENTENNIAL COMMISSION AND APPROVAL OF $100 CERTIFICATE OF DEPOSIT County Manager Eller reported that the Bicentennial Office had closed up and the County had received a check in the amount of $4,066.94 which was the County's share of the funds that were left, and the furniture in the offices had been split up between the City and County. Mr. Eller stated that he would like for the Commissioners to take action authorizing the purchase of the $100 Certificate of Deposit to be invested for 100 years to generate funds for the Tricentennial Celebration. Comm. Alper moved, seconded by Comm. Williams, to approve the action of the Bicen- tennial Commission in purchasing 'the $100 Certificate of Deposit and that these funds be invested for 100 years with the funds generated from it to be used for a Tricentennial Celebration. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, G~ttovi, Williams and Chm. O'Shields Absent: Comm. Wright COI1M. ELLEN WILLIAMS APPOINTED TO PORT, WATERWAY AND BEACH COMMISSION Comm. Gottovi moved, seconded by Comm. Alper, that Comm. Ellen Williams be appointed to the Wilmington-New Hanover Port, waterway and Beach Commission to replace Comm. George Alper. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams arid Chm. O'Shields Absent: Comm. Wright BUDGET TRANSFER - AIRPORT TITLE X PROJECT County Manager Eller reported that the Salary!\ccount was running low in the Air- port Title X Project for clearing the runway approa~hes and requested the Commissioners approve the transfer of $4,000 from Capital Outlay- Equipment, Acct. #31 651 74, and $1,576 from Miscellaneous Expense, Acct. #31 651 57, to Salaries and Wages, Acct. #31 651 02. He stated thqt the expenditures for this account had been underestimated. (See Page 258 for correctwn of Acct. number) Chm. O'Shields moved, seconded by Comm. Alper, approval of the budget transfer as requested for the Title X Project. Upon vote, t;:le motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright REPORT ON RECEIPT OF DEED TO MUSEUM PROPERTY FROM THE CITY County Manager Eller reported for the record that the Deed to the Museum property had been received from the City of Wilmington. CHAIRMAN AND COUNTY MANAGER OUT OF TOWN County Manager Eller reported that he would be in Raleigh on January 13 and 14 attending a joint meeting of some members of the COlmty Commissioners' Association and the Association of School Boards. Chm. 0' Shields rl~ported that he would also be attending this meeting. ' REPORT ON LIEN AGAINST NATHANIEL HOLMES County Attorney Fox reported on a welfare lien that had been obtained against Nathaniel Holmes some years ago and stated that Mr. Holmes would like to pay the County $300 now and $50 per month to clear the lien. Mr. ]~x recommended that Mr. Holmes be allowed to payoff. the lien in this manner. Comm. Alper moved, seconded by Comm. Williams, to allow Mr. Holmes to pay the lien as requested on the recommendati9n of the County Att:orney. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright ,- DISCUSSION ON TITLES TO PROPERTY BOUGHT FROM COUNTY FOR TAX FORECLOSURES In answer to Comm. Williams' question concerning clear titles to property purchased from the County that had been obtained through tax foreclosure, County Attorney Fox explained some of the different types of tax foreclosures. --~ ~~') ( t.',,)b I MINUTES OF REGULAR MEETING, JANUARY 4, 1977 (CONTINUED) ADJOURNMENT Comm. Alper moved, seconded by Cov:un. Williams, that -:he meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright Chm. O'Shields adjourned the meeting at 12:55 o'clock p. m. ) Respectfully submitted, a~~- p- ~~__~ Alyce B. Brown Clerk to the Board ab MINUTES OF REGULAR MEETING, JANUARY 17, 1977 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 17, 1977, at 9:00 o'clock a. m. in the Assembly Ibom, New Hanover County Administration Building, wilmingt~n, North Carolina. Members present were Commissioners Karen E. Gottovij Ellen C. Williams; Vivian S. Wright; Chairman Claud O'Shields, Jr.: County Manager Dan W. Eller; County Attorney James C. Fox: and Clerk to the Board, Alyce B. Brown. Comm. George E. Alper was absent. Chm. O'Shields called the meeting to order. Comm. Vivian S. Wright offered the invocation. ~ APPROVAL OF MINUTES: REGULAR MEETING, JANUARY 4, 1977 Comm. Wright stated that in the Minutes of January 4, 1977, on Page 254 under "Public Hearing to Consider an Application for Special Use Permit to Use Property (Harrelson's Marina)....", she would like for the record to show that the two motions she made were made after Mr. Fender had read the stateme~t, which is at the top of Page 255, concerning the four items considered in determining the necessity for the Special Use Permit. She felt that in the Minutes it looked as if she haq been hasty with the motions which was not the case. Comm. Wright also stated her objections to Item #2 of the conditions under which the Special Use Permit was approved. She stated that the motion for approval was that one of the conditions would be "hooded lights for the parking area", and she felt that the way it had been worded by the Planning De- partment was different even though the intent was the same. Chm. O'Shields suggested that the tape recording of the meeting be verified to get the correct wording of the motion. (Upon listening to the tape recording, the Clerk verified that the correct wording should be "hooded lights for the parking lot".) County Manager Eller reported that on Page 257 under "Budget Transfer - Airport Title X Project", he had presented that transfer as being all within the Title X Grant, but the $4,000 was to come from the Capital Outlay - Equipment, Acct. #31 650 74, in the Regular Airport Budget and the Account number should be changed accordingly. Comm. Gottovi moved, seconded by Comm. Wright, that the Minutes of the Regular Meeting of January 4, 1977, be approved as corrected. t~on vote, the motion carried as follows: f\i /' Voting Aye: Comm. Gottovi, Williams, Wright and Cbm. O'Shields Absent: Comm. Alper DISCUSSION OF NUTRITIONAL AND SOCIAL SERVICE PROGRAM FOH THE ELDERLY Discussion of..this pro<]ram had been tabled from thE~ meeting of January 4, 1977, so more information could be obtained. Mrs. Dolli Asbury, Director of Services for the Ag~ng, appeared before the Board to offer comments on programs that were presently in progress for the elderly in the County. She reported that the Board of Directors of Se~vices for the Aging felt that ~"--,_.