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HomeMy WebLinkAbout1977-06-06 Regular Meeting ::i o o o '41 MINUTES OF REGULAR MEE,!ING, MAY 16, 1977 (CONTINUED) ADJOURNMENT Comm. Gottovi moved, seconded by Comm. Upon vote, the motion carried as follows: Williams, that the meeting be adjourned. , " ! Voting Aye: Comm. Alper, _Gottovi and Williams Absent: Comm. Wright and Chm. O'Shields Vice-Chairman Alper adjourned the meeting at 4:43 o'clock p. m. Respectfully submitted, ~ ',&.'~-..'''(... Alyce B. Brown Clerk to the Board ab MINUTES OF REGULAR MEETING, JUNE 6, 1977 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 6, 1977, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Adminis- tration Building, Wilmington, NOrth Carolina. Members present were Commissioners George E. Alper; Karen E. Gottovi; Ellen C. Williams; ViVian S. wright; County Manager Dan,W. Eller; Attorney Joseph O. Taylor, Jr. of the County Attorney's Office; and Clerk to the Board, ,Alyce B. Bro~. Chairman Claud O'Shields, Jr. was absent. Vice-Chm. Alper called the meeting to order. Rabbi Aaron Segal of B'Nai Israel Synagogue offered the invocation." APPROVAL OF MINUTES OF REGULAR MEETING, MAY 16, 1977 Comm. Gottovi moved, seconded by COmm. Williams, that the Minutes of the Regular Meeting of May 16, 1977, be approved as presented. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, ,Wright and Vice-Chm.Alper Absent: Chm. O'Shields CHAIRMAN O'SHIELDS IN HOSPITAL Vice-Chairman Alper announced that Chairman O'Shields was unable to attend the meeting as he was confined in the hospital for a few days. CRISIS RELOCATION PLAN Co!. Ben Wasbburn, New Hanover County Civil Preparedness Coordinator, and Mr. Dan Isom and Mr. Tom LaMar, of the NOrth Carolina Division of Civil Preparedness, briefed the Commissioners on the planning being done for the relocation of New Hanover County residents in the event of a nuclear attack threat. Mr. Isom requested the Board's approval to work'with the local Civil Preparedness Coordinator in developing this plan for New Hanover County. DISCUSSION OF PROPOSED 5-YEAR CAPITAL IMPROVEMENT PROGRAM Consideration of the proposed 5-year Capital Improvements Program had been post- poned ,from the May 16 meeting. The following persons appeared to request the Commissioners consideration of funds for a new Library: Mrs. Ann Wilkinson, President of the New Hanover Friends of the Public Library. Dr. Jim Hundley and Mr. Ed Kiser gave a slide program depicting the need for a new Library. Mr. C. G. Berry Dr. Edwin Kirton Comm. Wright moved, seconded by Comm, Williams, that the Board purchase advertising space in each of the three local newspapers, at least a half page, detailing the amounts for the different projects that are included in this Capital Improvement Program so that' the public will have a better idea of what is included in the overall program before the Commissioners vote on it so there might be more reactions from the people as to their 42 +'~ MINUTES OF REGULAR MEETING, JUNE 6, 1977 (CONTINUED) CAPITAL IMPROVEMENT PROGRAM (CONTINUED) own priorities on it because most people were not aware of the different things in- cluded in it. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields BREAK Vice-Chm. Alper 10:05 o'clock a',m. recessed the meeting for a break from 9:55 o'clock a. m. to o PUBLIC HEARING NOtice had been published that the Board of Commissioners of New Hanover County would hold a public hearing On Monday, June 6, 1977, at 9:30 a. m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: TABLING OF PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERTY LOCATED AT 211 SUMMER REST ROAD (BOWDEN NURSING HOME) FROM R-20 (RESIDENTIAL DISTRICT) TO 0 & I (OFFICE & INSTITUTIONAL DISTRICT) IN ZONING AREA #2. Comm. Wright moved, seconded by Comrn. williams, to continue this rezoning request to July 5 as requested by the petitioners. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and vice-Chm. Alper Absent: Chm. O'Shields WITHDRAWAL OF PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLAN- NING COMMISSION TO DENY REZONING PROPERTY LOCATED ON THE SOUTHWEST SIDE OF MIDDLE SOUND ROAD APPROXIMATELY 750 FEET SOUTH OF U. S. HWY. 17 FROM R-15 (RESIDENTIAL DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA #8B, AND PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE FAILURE OF THE PLANNING COMMISSION TO RECOMMEND APPROVAL OF AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE 0 SOUTHWEST SIDE OF MIDDLE SOUND LOOP ROAD APPROXIMATELY 750 FEET SOUTH OF U. S. HWY. 17 FOR BOAT STORAGE IN ZONING AREA #8B. The above two requests were withdrawn at the request of the attorney for the petitioner. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED AT CORNELIA NIXON DAVIS NURSING HOME IN PORTERS NECK ON JESSIE DUPONT ROAD FOR A ,GREEN- HOUSE IN ZONING AREA #5. Planning Director Richard Fender reported that the Planning Commission had considered this Special Use Permit at its meeting on April 6,1977, and both the Planning Commission and Planning Staff recommended approval. Mr. Fender also stated that the size of the greenhouse plan had been changed from ,24' x 36' to 24' x 48'. vice-Chm. Alper asked if there was anyone present to speak for or against this re- quest and Mr. Sam O'Shields appeared before the Board 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 with the plan of development for 0 New Hanover County, Comm. Williams moved, seconded by Comm. Wright that this Special Use Permit be issued based on the same conditions as recommended by the Planning Com- mission. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and vice-Chm. Alper Absent: Chm. O'Shields o o o 43- MINUTES OF _@:GULAR MEETING, JUNE 6, 1977 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY,LO- CATED ON THE WEST S IDE OF CAROLINA BEACH ROAD APPROXIMATELY 500, FEET SOUTH OF BARNARDS CREEK FOR A PRIVATE CLUB IN ZONING AREA #4. ..' I' '. Planning Director Richard Fender reported' that this request was for a new location for the Moose Lodge. He stated that the Planning Commission had considered thisl ap- plication at its meeting on April 6, 1977, and both the Planning Commission and Planning Staff recommended approval with the following stipulations: 1. Plan as submitted and approved with the application for Special Use Permit; 2. That all outdoor lighting shall be located so as not to shine or reflect directly onto adjacent residential properties; 3. That internal drives and off-street parking spaces be adequately'marked; 4. That there shall be a paved or otherwise improved parking area with marl or comparable base material to insure safe and passable traffic flow; and 5'. That this Special Use Permit shall comply with'''all supplemental regulations ',and restrictions imposed by the ZOning Ordinance and-any other applicable Federal, State or local ordinances. Vice-Chm. Alper asked if there was anyone present to speak for or against this request for Special Use Permit, and Mr. Mathias Hunoval, Attorney for the petitioners, and Mr. 'Richard Smith, Governor of the Lodge, appeared before the Board to request approval of thiS application.. After the Commission had considered the following four items and ,found them, to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the" use would not substantially injure the value of adjoining or abutting property or the use was a pUblic necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located,and in general conformity with the plan of development for New Hanover County, Comm. Williams moved, seconded by Comm. Wright~ that this Special Use Permit be issued ba'sed on the' same conditions as recommended by the Planning Commission. Upon vote, the motion carried as follows: ' Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY AT 1105 SPRINGBRANCH ROAD FOR A FAMILY CARE HOME IN ZONING AREA #9A. Planning Director Richard Fender reported that the Planning Commission had con- sidered this application at its meeting on April'6, 1977, and both the Planning ODm- mission and Planning Staff recommended approval. I Vice-Chm. Alper asked if there was anyone present ;to speak on this matter and Mr. James Evans,appeared,on'oehalf of ,the petitioner 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 with the plan of development for New Hanover County, Comm. Gottovi moved, seconded by ())mm. Williams, that this speo;::ial Use Permit be issued on the same conditions as recommended by the Planning Commission. Upon votet the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. 0' Shields PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE SOUTH SIDE OF GREENTREE ROAD APPROXIMATELY 850 FEET WEST OF THE INTERSECTION OF NORTH COLLEGE ROAD AND GREENTREE ROAD FOR'A HEATING AND AIR CONDITIONING SHOP IN ZONING AREA #9A. Planning Director Richard Fender reported that the Planning ODmmission'had considered this application at its meeting in April and both the_ Planning Commission and Planning Staff recommended approval of the application with the following stipulations: 1. Plan as submitted and approved with the application for Special Use Permit; 2. That internal drives and off-street parking stalls shall be adequately marked; 44 ~'/ MINUTES OF REGULAR MEETING, JUNE 6, 1977 (CONTINUED) SPECIAL USE PERMIT - GREENTREE ROAD (CONTINUED) 3. There shall be a paved or otherwise improved parking area with marl or com- parable base material to insure safe and passable traffic flow; and 4. That this Special, Use Permit shall comply with all other supplemental regula- tions and requirements imposed by the Zoning Ordinance and any other applicable Federal, State or local ordinances. Vice-Chairman Alper asked if there was anyone present to speak for or against this application and Mr. Herschel Harkins, Attorney for the petitioner, appeared before the 0 Board to request approval of this application. After the Commission had considered the following four items and found them to be fact, (a) that the use'would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm.'williams moved, seconded by Comm. Gottovi, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Com- mission. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and vice-Chm. Alper Absent: Chm. O'Shields PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE WEST SIDE OF SOUTH COLLEGE ROAD APPROXIMATELY 700 FEET SOUTH OF CASCADE ROAD FOR A PRIVATE CLUB OR LODGE IN ZONING AREA #9B. Planning Director Richard Fender reported that this application was for the proposed location of a Masonic Lodge. Mr. Fender stated that the Planning Commission had con- sidered this application at its meeting on May 4, and both the Planning Commission and Planning Staff recommended approval with the following stipulations: 1. Plan as submitted and approved with the application for Special Use Permit; 2. Lighting shall be installed so as to not shine or reflect directly on adja- cent properties; and 3. That this Special Use Permit shall comply with all other supplemental regula- tions and requirements imposed by the Zoning Ordinance and any other applicable Federal, State or local ordinances. o Vice-Chairman Alper asked if there was 'anyone present to speak for or against this matter and no one appeared in this regard. 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 lo- cated 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 ac- cording to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Williams mOved, seconded by Comm. Wright, that this Special Use Permit be issued based on 'the same conditions as recommended by the Planning commission. Upon vote, the rrotion carried as follows: Voting Aye: COmm. Gottovi, Williams, Wright and Vice-Chm. Alper o Absent: Chm. O'Shields PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE COUNTY ZONING ORDINANCE TO PERMIT ADULT DAY CARE FACILITIES BY SPECIAL USE PERMIT IN THE R-20, R-15 AND 0 & I DISTRICTS IN THE COUNTY. Planning Director Richard Fender gave the background information leading up to the request for the following amendments to the County Zoning Ordinance: 1. Amend Article II; Section 23. by adding the following: 23-53 Adult Day Care Facility - An Adult Day Care Facility is a center or place operated by a person, corporation, organization or association which receives a payment, fee or grant for the care of more than o o o <'t~ MINUTES OF REGULAR MEETING, JUNE 6, 1977 (CONTINUED) ZONING ORDINANCE AMENDMENT (CONTINUED) five (5), but not more than fifty (50), adults eighteen (1m years of age or more for more than four (4) hours per day, but not to exceed , twenty-four (24) hours at one time. Services must be provided in a home or facility certified to meet State standards and shall be pro- vided for the following individuals: (a) Adults who do not need nursing care but who require complete, full-time daytime supervision; (b) Adults who need assistance with activities of daily living in order to maintain themselves in their own homes; and (c) Adults who need intervention in the form of enrichment and oppor- tunities for social activities in order to prevent deterioration that would lead to institutionalization. 2. Amend Article v., Section 51-3. by adding the following: (25) Adult day care facility. 3. Amend Article v., Section 52-3. by adding the following: (28) Adult day care facility. 4. Amend Article V., Section 53-3. by adding the following: (25) Adult day care facility. 5. Amend Article V., Section 59.1-3 by adding the following: (7) Adult day care facility. Vice-Chm:Alper asked if there was anyone present to speak on this matter and no one appeared in this regard. I Comm. Wright moved, seconded by Comm. Williams, the adoption of the ordina,{ce en- titled "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 motiorl carried as follows: I , l PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERrY LOCATED ON THE SOUTH SIDE OF U. S. HWY. 17 (MARKET STREET EXTENSION) ABUTTING SPRINGBRANCH APPROXIMATELY 500 FEET NORTHEAST OF THE INTERSECTION OF ALEXANDER ROAD AND HWY. 17 FROM R-15 (RESIDENTIAL DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA #5. Planning Director Richard Fender reported to the Board that the Planning Commission had considered this request at its meeting in April and both the Planning Commission and Planning Staff recommended denial. Mr. Fender gave the reasons for the Staff's recom- mendation of denial to the Planning Commission. Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields Vice-Chm. Alper asked if there was anyone present to speak on this request, and the following persons appeared to request approval of the rezoning: Mr. Musselwhite, the petitioner Mrs. Rachel Martin Mr. Irving Smith Comm. Gottovi moved, seconded by COmm. Williams, to uphold the Planning Commission's recommendation to deny application. The following vote was cast: Voting Aye: Connn. Gottovi and Williams Comm. Wright made a substitute motion, seconded by Vice-Chm. Alper, to table this request. Upon vote, the motion carried as follows: Voting Aye: Connn. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields Comm. Wright amended her motion to inchrle that this item be put on the agenda on June 20. 46 J/1. MINUTES OF REGULAR MEETING, JUNE 6, 1977 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE EAST SIDE OF CAROLINA BEACH ROAD APPROXIMATELY 1,600 FEET NORTH OF BURNETT ROAD AND JUST SOUTH OF THE KONI- KAI CAMPGROUNDS FOR A CONVENIENCE FOOD STORE. Planning Director Richard Fender reported to the Board that the, Planning Commission had considered this application at its meeting in May and both the Planning commission and Planning Staff recommended denial. Mr, Fender gave the reasons for the recommenda~ tion of denial. Vice-Chm. Alper asked if there was anyone present to speak on this matter and 0 Mrs. Rachel Martin and Mr. Irving Smith appeared before the Board to request approval. They presented pictures of:the existing businesses in the area. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially enda~ger the public health or safety if located where proposed, and developed according to the plan as submitted and approved, (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Williams moved, seconded by Cornrn. Wright, to grant this Special Use Permit. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Absent: Cornrn. Williams, Wright and Vice-Chm. Alper Comm. Gottovi Chm. 0' Shields Mr. Fender requested the Special Use Permit contain the following stipulations: 1. Plan as submitted and approved with the application for Special Use Permit; 2. That internal drives and off-street parking spaces be adequately marked and paved with marl or other comparable base material; and 3. That this Special Use Permit shall comply with all other supplemental regula- 0 tions and requirements imposed by the Zoning Ordinance and any other applicable Federal, State or local, ordinances. It was agreed to include these conditions. REQUEST FOR BRIEFING SESSION WITH PLANNING COMMISSION Comm. Gottovi reported to ,the Board that she had asked the Planning Department for a briefing on planning matters before each meeting as she felt she needed more informa- tion on these matters before making her decisions. She wanted the other Commissioners to be aware of this in case they wanted to attend these briefings. REQUEST FOR USE OF SUPERIOR COURTROOM ON A SATURDAY Mr. Herb McKim, representing the Democratic Party, appeared before the Board to request the use of Superior.Courtroom on a Saturday. The Commissioners had adopted a policy at a previous meeting that the Courtroom could not be used on Saturdays because of the fact that people would have to be called in to do the cleaning and also for security purposes. Mrs. Marianne Yarboro offered her comments on this matter. Camm. Gottovi moved, seconded by Corom. Williams, to grant this request for use of the Superior Courtroom on June 18 with the requirement that all the extra cost be borne by the applicant. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper o Absent: Chm. O'Shields REQUEST FOR SUPPORT OF ANTI-PORNOGRAPHY BILL Mr., Ken Smith and Mrs. Marianne Yarboro appeared before the Board to request support for Sen. I. Beverly Lake's Bill concerning control of pornography. Mr. Smith read to the Board the changes that had been made in the Bill since it was originally drawn. The members of the Commission gave their opinions on this issue. Comm. Williams moved to support the Sen. Lake Bill (#539) and notify them and the New Hanover County Legislators. o o o 47 MINUTES OF REGULAR MEETING, JUNE 6, 1977 (CONTINUED) ANTI-PORNOGRAPHY 'BILL (CONTINUED) ,Vice-Chm. Alper stated for the record that he supported the idea wholeheart~dlY but his reservation was the implementation and who would be the judge. It was agreed by common consent to endorse this Bill. Mr. Smith suggested that, in order for the members of the Board to know what they were endorsing, they go in a body, escorted by a member of the Sheriff's Department, to one of these stores ("adult" bookstores) to observe firsthand exactly what was in the place so that no one could say they didn't know what they were talking about. . A copy of the resolution endorsing the Bill is contained in Exhibit Book V, Page 7. RESOLUTION ACCEPTING GRANT OFFER FOR STEP II 201 PLAN FOR GREATER WILMINGTON AREA Mr. Henry von Oesen, consulting engineer, explained to the Board that this was simply a formality of accepting what had been applied for and requested the Commissioners to adopt a resolution accepting the EPA grant offer in the amount of $86,377 for the preparation of plans and specifications for the Northeast Interceptor, pumping stations and other appurtenances. Comm. Williams moved, seconded by Comm. Gottovi, approval of the Resolution accepting the EPA grant offer. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields A copy of the Resolution is contained in Exhibit Book V, Page 8. TABLING OF RESOLUTION REQUESTING APPROVAL OF 201 PLAN FOR CAROLINA/KURE BEACH Mr. Henry von Oesen, consulting engineer, recommended the Board table approval of the Resolution requesting approval of the 201 Plan for the'Carolina/Kure Beach area at this time as there seemed to be some unsettled matters between the two beaches in the plan. Comm. Wright moved, seconded by Comm. Williams, that this matter be tabled. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields LUNCH BREAK Vice-Chm. Alper recessed the meeting for a lunch break from 12:25 o'clock p. m. until 1:09 o'clock p. m. APPROVAL OF CONTRACT WITH FAA FOR SERVICES PROVIDED TO AIR TRAFFIC CONTROL TOWER County Manager Eller explained that in addition to the base rent for the Radar Building at the Airport, the FAA was going t~ reimburse the County for Utilities, jani- torial service, garbage collection and maintenance supplies. The Commissioners were requested to authorize the Chairman to execute a Contract providing for payment to the County of $556 per month to cover these services. Conun. Gottovi moved, seconded by Carom.. Williams, approval of the Contract with FAA as recommended by the County Manager" Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields A copy of the Contract is on file in the County Manager's Office. APPROVAL OF SUBSURFACE INVESTIGATION FOR AIRPORT TAXIWAY PROJECT County Manager Eller reported that in order to receive the required Federal funds for the parallel taxiway to the end of runway 34 at the Airport, the FAA would have to approve,a grant application by September 30, 1977. As 'part of this application, the consulting engineer had to submit a preliminary design, part of which depended upon a subsurface investigation of the soils in the project area. In order to 'expedite this project, the Airport Manager and County Manager requested the COmmissioners to transfer $2,500 from Acct. #11 445 61, Contingencies to Professional Services, Acct. #31 650 04, in the Airport Budget. 48 f/? MINUTES OF REGULAR MEETING, JUNE 6, 1977 (CONTINUED) AIRPORT TAXIWAY PROJECT (CONTINUED) Comm; Gottovi moved, seconded by Comm. Wright, to appropriate the funds 'for the preliminary design as recommended. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields RESOLUTION - RUNWAY STRENGTHENING PROJECT County Manager Eller reported that the Commissioners were requested to adopt a resolution authorizing the chairman to execute the grant agreement for the runway strengthening project when it was approved by the FAA. o Comm. Williams moved, seconded by Comm. Gottovi, adoption of the Resolution authoriz- ing the Chairman to execute the Grant Agreement when approved. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. 0' Shields A copy of the Resolution' is contained in Exhibit Book V, Page 9. APPROVAL OF PROPOSALS ,FOR MATERIAL TESTING' SERVICES - AIRPORT RUNWAY STRENGTHENING The Commissioners had been furnished copies of a fee schedule for testing pavement materials during the runway strengthening project at the Airport. County Manager Eller explained that the proposal was on a unit cost basis and reported that the consulting engineers recommended the Commissioners approve this proposal from Soil & Material Engineers, Inc. Comm. Williams moved, seconded by Comm. Gottovi, acceptance of the proposal from Soil & Material Engineers, Inc. for testing the pavement', materials on the runway strengthening project. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, wright and Vice-Chm. Alper o Absent: Chm. O'Shields A copy of the proposal is on file in the County Manager's Office. DISCUSSION ON ENDORSEMENT OF N. C. OCEAN SCIENCES INSTITUTE County Manager Eller explained that the N. C. Ocean Sciences Institute was a pro- gram sponsored by the Board of Education for juveniles who were termed as "status offenders" . He reported that this program had been offered a grant from the Dept. of Human Resources in the amount of $8486 and that the local match ,was provided by the Board of Education. In order for these funds to be released, the Commissioners were requested to write a letter of endorsement of the program. The Commissioners requested further information from Judge Burnett, who was familiar with this program. (Discussion was continued later in the meeting.) FINAL PLAT APPROVAL - WATERFORD SUBDIVISION, SECTION 2 Mr. Harry E. Oakes of the Planning Department reported that this subdivision met all the requirements and that the Planning Commission, Subdivision Review Committee had granted conditional final approval at its meeting on May 23, 1977. The conditions had been met and the Planning Department recommended approval by the Commissioners. Comm. Gottovi IlDved, seconded by Comm. Wright, to grant final approval for Water- ford Subdivision,' Section 2, as recommended. Upon vote,:the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper o Absent: Chm. O'Shields FINAL PLAT APPROVAL - LANSDOWNE, SECTION H' Mr. Harry E. Oakes of the Planning Department reported that this plat met all the requirements and that conditional final approval was given by the Planning Commission Subdivision Review Committee at the meeting on March 22, 1976, and preliminary and conditional final approval on March 31, 1977. These conrlitions had been met, and the Planning Department recommended approval by the Commissioners. o o o . ,_. '.,-,' 49 MINUTES OF REGULAR MEETING, JUNE 6, 1977. (CONTINUED) FINAL PLAT APPROVAL - LANSDOWNE, SECTION H (CONTINUED), Comm. Gottovi commented that this subdivision would be in the the proposed Southeast ,Outer ,Loop, and Mr. Oakes reported that the Committee felt that if the road was not actually staked out at the way to determine the exact'location and there was no provision for thoroughfare. " , right-of~waY,for Subdivision R~view time, there was no dedication of the , , Comm. Williams moved, seconded by Comm. Wright, that Final Plat of Lansdowne Estates, Section H, be approved on the condition that Mr. Underwood sign in the proper place. Upon vote,' the motion carried as follows: Voting Aye: Comm. Williams,Wright 'and Vice-Chm. Alper Voting Noe: Comm. Gottovi Absent: Chm. 0' Shields Comm. Gottovi stated she did not think it'was in the County's best int~rest to put a subdivision where a highway was supposed to go. APPROVAL OF LEASE AGREEMENT WITH SUPPER OPTIMIST CLUB The Commissioners were requested to approve a lease agreement,with the Supper Optimist Club for use by the club of the Blair School Park. County Manager Eller re- ported that the term of the lease was ten years and that the consideration ,for the, lease would be that they provide youth baseball leagues on the,'property. Comm. Gottovi ooved, seconded by Comm. Williams, approval of the lease agreement with Supper Optimist Club as, requested. Upon vote, the motion carried as follows: Voting'Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields ,A copy of the lease agreement is on file in the County Manager's Office. DISCUSSION OF SUMMER FEEDING PROGRAM IN SCHOOLS Comm. Williams asked the Commissioners to request the Board of Education to require an audit of the Social, Cultural and Economic Development Corporation, Inc. as a condi- tion of their use of school facilities to operate a, summer feeding program. She had received complaints on how the program had been run in the past and there had been no accounting ori the program. She 'felt that any program involving tax money should be carefully scrutinized. Comm. Wright requested that the School Board also be asked to make sure the,rental rates charged ,for this program were in line with the amount of usage. Comm. Williams moved, seconded by Comm. Wright, to ask the ,School Board to require an audit of whoever operated the summer feeding program as a condition of their use of school facilities and to make sure the rental charged was in line with the usage. 'Upon , vote, the ootion carri<ed'as follows: Voting Aye: Comm. Gottovi, Williams,' 'Wright and Vice-Chm. Alper Absent: Chm. O'Shields DEMOLITION OF CITY/COUNTY OWNED PROPERTY County Manager Eller reported that the City of Wilmington had ,requested the Com- missioners' approval of demOlishing a building which was jointly owned by the City, and County at the'corner of 8th and Castle STreets~The County BUilding Inspector Joncurred with 'the City that the building should be demolished as it could not be brought/into compliance with current codese Comm. Williams moved, seconded by Comm. Gottovi, approval of demolishing the building as requested. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields 50 rt:> MINUTES OF REGULAR MEETING, JUNE 6, 1977 (CONTINUED) APPROVAL OF 'CHANGE ORDERS - NEW HANOVER MEMORIAL HOSPITAL CONSTRUCTION The Commissioners had been furnished copies of a' letter outlining change orders in the'New Hanover Memorial Hospital Construction Project and the budget amendments necessary to the capital Project Ordinance if the change orders were approved. They,.. were requested to approve the change orders and budget amendments. Comm. Gottovi moved, seconded by Comm. Wright, approval of the change orders and the following budget amendments to the capital project ordinance as requested: Debit - Acct. #78 575 71, Plumbing Contractor $ 840 - Acct. #78 575 76, Contingencies 21,144 Credit - Acct. #78 575 70, General Contractor $10,789 - Acct. #78 575 73, Electrical Contractor .4,050 - Acct. #78 575 74, Steel COntractor 2,444 - Acct. #78 575 75, Architect Fee 4,701 Upon vote, the motion carried as follows: o Voting Aye: comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields BUDGET AMENDMENT - BLAIR SCHOOL PARK County Manager Eller reported that an additional $3,000 had been received from the Bureau of Outdoor Recreation for the improvements at Blair School Park and requested that the Commissioners appropriate an additional $3,000 from Contingencies to finish the lighting system. Comm. Gottovi moved, seconded by Comm. Williams, approval of the following budget amendments appropriating the funds as requested by the County Manager: Increase Revenue Acct. #11 349 11, Bureau of Outdoor Recreation, by $3,000 Increase' Expenditure Acct. #11 66073, Capital Outlay -'Other Improvements" by $3,000 o Transfer $3,000 from Contingencies, Acct. #11 445 61, to Capital Outlay - Other Improvements, Acct. #11 660 73. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi,Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields BUDGET ,TRANSFER - ADMINISTRATION Comm. GOttovi moved, seconded by Comm. Williams, approval of the transfer of $300 from Supplies, Acct. #11 420 33, to Copying & Duplicating, Acct. #11 420 32, in the Administration Budget as requested by the County Manager. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields :BUDGET TRANSFER - MUSEUM Comm., Williams moved, seconded by Vice-Cl>m;~"Alp,er, approvaL,of'the transfer.of $749 from, Museum Projects, Acct. #11 625 75:;'to-p~".tin9":',.I\Cct. #11 625.12;' to provide for 0 -'printing of a. yearly,report, Museum brochures and', mailers for an exhibition to be held 'in July and' the transfer of $352 fr~m.Museum ProJects, Acct. #11 625 75,-to Equipment, Acct. #11,625 74, to provide for the purchas~ of a sewing machine and, film editor as re- quested by the Museum,'Board of Trustees;' 'upon"vote, the motion carried' as follows: ~ting"Aye: ,Cornrn. Gottovi; Wiliiams, Wright and Vice-Chm. Alper A!?sent: Chm. O'Shields .BUDGET TRANSFER HEAL'l'H'DEPARTMENT __,' .. Comm. Wright ino~ed" seconded by Comm~ Williams,' approva.l of the' transfer of $500 from Specia~ Cl~n~c~,.. Acct. #44 590 63, to Maintenance, & Repair - Equipment, Acct. #44 59016, to cover repairs to the x-ray 'equipment and:otherrepa.irs which occur before June ,3Q, as requested by the Health Department: 'Upon" vote, the motion carried as follows: Voting Aye: Absent: Cornrn. Gottovi, Williams, Wright and Vice-Chm Alper Chm. 0' Shields . o o o 'r.' 51 " MINUTES OF REGULAR MEETING, JUNE 6, 1977 (CONTINUED) BUDGET TRANSFER - AGRICULTURAL EXTENSION , Comm. Gottovi'moved" seconded by Comm. .Williams"...approval of the transf,er of $300 from Supp~ies and Materials, Acct. #11615 '33, to, Telephone &,postage, Acct. #11161511, in the Agricultural Extension Budget. Upon vote, the motion carr;ied 'as follows:' Voting Aye: COIllll\. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields BUDGET TRANSFER - YOUTH HELP COunty Manager Eller reported that Youth Help, Inc. had been awarded a grant by the Dept. of Human Resources in the amount of $7,500. The grant required a local match of $7,500, and the Commissioners had agreed at a Special Meeting on October 7, 1976, to provide this local match from Contingencies. COIllll\. Gottovi moved, seconded by Comm. Williams, .approval of the following budget amendment for Youth Help: Debit - Acct. #11 350 22, State Grant - Youth Services - Acct. #11 445 61, Contingencies Credit - AcCt. #11 660 93, Contribution to Other Agencies - Youth Help,'Inc. $7,500 7,500 $15,000 Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams and Vice-Chm. Alper Voting Noe: Comm. Wright Absent: Chm. O'Shields BUDGET TRANSFER - SOCIAL SERVICES Comm. Gottovi moved, seconded by Comm. Wright, approval of the following budget transfer in the Social Services Budget to correct the transfer made at the last meeting: Debit - Acct. #11 610.54, Insurance & Bonds Credit - Acct. #11 610 74, Capital Outlay - Equipment $,808 $ 808 Upon vote, the motion carried as follows: Voting Aye: CoIllll\. Gottovi, Williams, Wright.,and Vice-Chm. Alper Absent: Chm. O'Shields BUDGET TRANSFER - SOCIAL SERVICES COIllll\. Gottovi moved, seconded by COIllll\. Williams, approval of the following transfers in the' Social Services Budget to complete this fiscal year: 1. Transfer $2,500 from Salaries and Wages, Acct. #11 610 02, to Telephone and Postage, Acct. #11 610 11. 2. Transfer $1,500 from Salaries and Wages, Acct. #11 610 02, to M & R - Buildings & Grounds, Acct. #11 610 15, in order to replace the compressor in the second floor air conditioning unit. Upon, vote, the motion ,carried, as follows: Voting Aye, 'Comm. ,Gottovi, Wiliiams, Wright:, and v:ioc:.e-Chm. Alper Absent: Chm. o'Shields BUDGET TRANSFERS - TAX DEPARl'MENT vice-Chm. Alper moved, seconded by Comm. Gottovi, approval of the following~b.udget transfers as requested by the Tax Department in order to complete this fiscal year: pebi t Credit #11 450 21, Building ~ent #11 450 22, . Equipment' Rent #11 459 ,27, Advertising #11 450 16, M & R - Equipment $ 702 , "~144 280 278 - Acct. - Acct. - Acct. - Acct. ~2 S~ MINUTES OF REGULAR MEETING, JUNE 6, 1977 (CONTINUED) BUDGET TRANSFER - TAX DEPARTMENT (CONTINUED) Upon vote,the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields BUDGET AMENDMENT - AGRICULTURE & ECONOMICS comm. Williams moved, seconded by Vice-Chm. Alper, approval of the following budget 0 amendment to cover payment to listers of the Farm Census Report: Debit - Acct. #11 335 00, Miscellaneous Revenue Credit - Acct. #11 ,615 04, Professional Services - A & E $ 296 $ .296 upon vote, the motion carried as :follows: Voting Aye: Comm. Gottovi, Williams, Wright and Vice-Chm. Alper Absent: Chm. 0'Shields APPOINTMENT OF MEMBERS OF JOINT COMMITTEE TO STUDY THE FEASIBILITY OF CONSOLIDATION OF COUNTY GOVERNMENTS Comm. Gottovi moved, seconded by Vice-Chm. Alper, that the following persons be appointed to the Joint Committee to Study the Feasibility of Consolidation of Governments in New:Hanover County: Dr. William Malloy Mr. Richard L. Burnett Mr. Inness R. Carlson' Mr. Earl May Mrs. John A. (Bobbie) Larson Mr. Claud O'Shields, Jr. (Commission Representative) Upon vote, the motion carried as follows: o Voting Aye: Comm. Gottovi, Williams, and Vice-Chm. Alper Voting Noe: Comm.' Wright Absent: Chm. O'Shields CHANGE OF DATE FOR FIRST MEETING IN JULY' Comm. williams moved, seconded by Comm. Gottovi, that since the first Monday in July falls on July 4 which is a County holiday, the meeting be changed ,to Tuesday, July 5. Upon vote, the motion c~rried as follows: Voting Aye: Comm. Gottovi, Williams,' Wright and Vice-Chm. Alper Absent: Chm. O'Shields EXECUTIVE SESSION Comm. Gottovi moved, seconded by Comm. williams, that the meeting be recessed to Executive Session to discuss Attorney/Client matters. and Committee Appointments. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields o vice-Chm. Alper recessed the meeting to Executive Session at 2:09 o'clock p. m. vice-Chm. Alper reconvened the meeting to Public Session at 2:40 o'clock p. m. COMMITTEE APPOINTMENTS Comm. Wright moved, seconded by Comm; Gottovi, approval of the following Committee appointments: Mr. Franklin Elmore - Wilmington-New Hanover Insurance Advisory Comm; Mr. Louten Hedgpeth - New Hanover County Retirement System Mr. Richard Morgan - New Hanover County Retirement System Mr. John R. Jefferies - Museum Board of Trustees Mrs. A. D. Howland - Museum Board of Trustees - 3 yr. term - 2 yr. term - 2 yr. term - 3 yr. term - 3 yr. term o o o ,~ . ,! 53 ... ~., ~ MINUTES OF REGULAR MEETING, JUNE 6, 1977 (CONT]NUED) : .",r COMMITTEE APPOINTMENTS (CONTINUED) Mr. Daniel L. Brawley - Museum Board of Trustees Mr. Lenox G. Cooper - Airport Commission - 3 yr. term - 5 yr.' term' Upon vote, the motion carried as follows: Voting Aye; Comm. Gottovi, Williams, Wright and Vice-Chm, Alper Absent; Chm. O'Shields DISCUSSION OF N. C. OCEAN. SCIENCES INSTITUTE (CONTINUED) Judge Gilbert H. Burnett and Mr. Jim Gearhart of the School System appeared before the Board to give additional information on this ,program as requested by the Commissioners. They explained the program and 'how well. it had worked since it was started, Comm. Gottovi moved, seconded by Comm. Williams, to write the letter of endorsement as requested for the N. C. Ocean Sciences Institute. Upon" vote, the motion carried as follows: Voting Aye; Comm. Gottovi, Williams, Wright and Vice-Chm. ,Alper Absent; Chm. O'Shields DISCUSSIOW ON OPEN MEETINGS LAW Comm. Wright brought up the matter of the reV~S:LOn of ,the Open Meetings Law and '" requested the County Manager to get a copy of the latest things that were included in it. REQUEST TO GO TO WATER RESOURCES CONGRESS IN WASHINGTON Comm. Williams stated'that she would like to attend the Water 'Resources Congress in Washington and if it was agreeable with the Board she planned to do so. REQUEST TO ATTEND NACO CONFERENCE IN DETROIT Comrn. Gottovi stated that she would like to attend the NACo Conference in Detroit in July. She stated that she would be in the vicinity and 'felt like it would be worth her time, to go. TRANSFER OF FUNDS - JUVENILE SERVICE CENTER Comm. Gottovi moved, seconded by Comm. Williams, approval of the transfer of $800 from Utilities, Acct. #11 522 13, to Maintenance and Repair - Buildings & Grounds, Acct. #11 522 15, in order to raise the fence around the Juvenile Detention Facility by four feet to bring it up to State standards. Upon vote, the motion carried as follows; Voting Aye: Comm. Gottovi, ''Williams, Wright and Vice-Chm. Alper Absent: Chm. O'Shields TRANSFER OF FUNDS - REGISTER OF DEEDS Comm. Williams moved, seconded by Comm. Wright, approval of the transfer of $180 from Departmental Supplies, Acct. #11 480 33, to Telephone & Postage, Acct. #11 480 11, in the Register of Deeds Budget to pay the June telephone bill and reimburse petty cash which was spent on postage. Upon vote, the motion carried as follows; Voting Aye: Camm. Gottovi, Williams, Wright and:Vice~Chm. 'Alper Absent; Chm. O'Shields BUDGET TRANSFER - CAPE FEAR TECHNICAL INSTITUTE COI1lll. Gottovi moved, seconded by COI1lll. 'Williams, approval of the following budget transfer to account for back taxes that were not budgeted for ,fiscal year 1976/77: Debit - Acct. #53 501 01, 1975 Taxes (includes June estimate) - Acct. #53 301 02, 1974 Taxes (includes June estimate) ,$ 450 1,225 " .:y\ $1,675 Credit Acct. #53 660 93, Contribution to CFTI Upon vote, the motion carried as follows; " Voting Aye: COmm. Gottovi, Williams, Wright and, Vice-Chm. Alper Absent; Chm. O'Shields 54 Sf MINUTES OF REGULAR MEETING, JUNE 6, 1977 (CONTINUED) AGREEMENT EXTENDING WASTE INDUSTRIES CONTRACT County Mahager Eller explained that the new COntract with Waste Industries for the operation of the Landfill was not effective until July 1 'and ,the old Contract ex- pired on June 27; therefore, it was necessary to extend the current contract to July 1, 1977. Comm. Gottovi moved, seconded by Comm. Wright, approval of the Agreement extending the Waste Industries Contract to July 1, 1977. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, ,Williams"Wright and Vice-Chm. Alper, o Absent: Chm. O'Shields DISCUSSION ON PUBLIC HEARING ON CAMA County Manager Eller reported that there was to be a public hearing on Wednesday, June 8, 1977, at 4:00 p. m. concerning the Bill to repeal the Coastal Area Management Act, and the Coastal Resources Commission had urged anyone from New Hanover County that could attend to speak in fovor of the CAMA to please do so. vice-Ghm. Alper-moved to send a strongly worded telegram telling them that the New Hanover County Board of Commissioners strongly endorsed the CAMA and felt that to repeal it would endanger the coast ...'t: Comm. Wright requested that Vice-Chm. Alper reword his motion to say the majority of the New Hanover County Board of Commissioners.' (Discussion continued after next item.) DISCUSSION OF LANGLEY TAX MATTER ON WOOSTER STREET Attorney Taylor reported on the Langley tax , matter and stated that the Board had the authority to confirm or reject the bid on this property. He stated that an upset bid had been filed and the Tax Department had not readvertised the sale. He stated that probably the best way to handle the matter would be for the County to retain the property and let the lady pay rent on it., o APPROVAL OF SENDING TELEGRAM TO ENDORSE CAMA Vice-Chm. Alper moved, seconded by Comm. Gottovi, that a telegram be sent to Rep. Charles Webb stating the endorsement by the majority of the New Hanover County Board of Commissioners of the Coastal Area Management Act and that the Board felt strongly that to repeal this Act would be a disservice to all the people living in the State of North Carolina. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, and Vice-Chm. Alper Voting Noe: COmm. Wright Absent: Chm. O'Shields ADJOURNMENT Comm. Gottovi moved, seconded by Comm. Williams, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and vice-Chm. Alper Absent: Chm.- O'Shields Vice-Chm. Alper adjourned the meeting at 3:25 o'clock p. m. Respectfully submitted, o 'a~ ,6.1J...6~'- Alyce B. Brown Clerk to the Board ab