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1977-07-18 Regular Meeting o o o '"."' ~5 <' ., MINUTES OF SPECIAL MEETING, JULY 12, 1977 (CONTINUj;;D) FINDING OF FACT AND CONCLUSIONS OF LAW (CONTINUED), By reason of the' aforesaid vote, the foregoing Finding ,of Fact and "Conclusi6ns of Law were adopted by the Board and the appeals of ,Mr. & Mrs. Bayer and the Depart- ment of Natural' ,& Economic Resources were, and are,disIilissed. Temporary Chm. Wright adjourned the meeting at 11:05 o'clock a. m. Respectfully submitted, ~.A.~ 'Alyce B. ,Brown Clerk to the Board ab MINUTES OF REGULAR MEETING, JULY 18,' 1977 ASSEMBLY The New Hanover COunty Board of Commiss:j.onersmet in' Regular Session on Monday, July'18, 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. Gotto1fi; 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. No meinbers were absent. Chm. O'Shields called the meeting to order.' Rev. ",Edwin E. Kirton, Retired, offered the invocation APPROVAL OF MINUTES OF REGULAR MEETING, JULY 5, 1977, AND SPECIAL MEETING, JULY 12, 1977 Comm. Gottovi moved, seconded by Conun. Williams, that the Minutes of the Regular Meeting of July 5, 1977, be approved as presented and that Conun:'Wright be allowed to abstain from Voting as she was not present at the meeting. Upon vote, the lllOtion' carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Abstaining: Comm. wright Comm. Wright moved, seconded by Comni. Williams, that the Minutes of the Special Meeting of JUly 12,1977, be approved as presented'and that Comm. Alper and Chm. O'Shields be allowed to abstain from voting as they were not present at the meeting. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams and Wright Abstaining: Conun. Alper and Chm. O'Shields DISCUSSION 'ON SAND DUNE PROTECTION ORDINANCE Due to recent appears and hearings on the issuance of a' sand dune permi~, the County Manager had requested the N. C. Department of Natural & Economic Resources and Community Development to furnish the Board 'with proposed changes to the County Ordinance. County Manager Eller reported that Mr. Jamieson of the 'Department of Natura'1 '& Economic Resources had another meeting this morning and would arrive atl.ithe Commission meeting later in the morning. ,,' Comm. Williams moved that no building permits be issued for the proper~y below the Barnes property (South of Kure Beach) until it was zoned. The IOOtion died for lack of a second. It was agreed to hold up further discussion on this matter until Mr. Jamieson arrived. 76 7/-' MINUTES OF REGULAR MEETING, JULY 18, 1977 (CONTINUED) EXECUTION OF GRANT AGREEMENT FOR PARALLEL TAXIWAY AT AIRPORT Comm. Williams moved; seconded by Comm. Wright,approval of the grant agreement with the State Department of Transportation in the amount of $39,774 toward the con- struction of the proposed parallel taxiway at the Airport and authorization ,for the Chairman to sign the agreement. Upon vote, the motion carried unanimously. A copy of the grant agreement and resolution are on file in the County Manager's Office. APPROVAL OF JUVENILE' DETENTION SUBSIDY AGREEMENT 0 comm. Alper moved, seconded by Comm. williams, approval of the Contract, with the Division of Youth Services providing for subsidy payments to the County in return for making the Juvenile Services Center available for detention of juveniles from Pender, Brunswick and Columbus Counties., Upon vote, the motion carried unanimously. A copy of the Contract is on file in the COunty Ma,:!ager's Office. BUDGET TRANSFERS - DISTRICT ATTORNEY'S OFFICE Comm. Alper moved, seconded by Comm. Gottovi, approval of the transfer of $800 from Miscellaneous Expense, Acct. #17471 57, to Capital Outlay - Equipment, Acct. #17 471 74, as requested to purchase office furniture for an additional assistant"in the District Attorney's Office and also the transfer of $323 from Contingencies, ," Acct. #11 445 61, and appropriated to the following line items to cover vacation pay for the secretary who was paid by County funds. Acct., #17 471 02, Salaries Acct. #17 471 05, FICA Acct. #17 471 07, Retirement $286. 17. 20. TOtal $323. Upon vote, the motion carried unanimously. BUDGET AMENDMENTS - CETA II AND VI Comm. Gottovi moved, seconded by Comm. Alper, approval of the following budget 0 amendment in the CETA II and CETA VI programs to accurately appropriate funds ,under the original contract and to budget additional funds to be received during fiscal year 1977/78: Revenue: Acct. #11 350 23, CETA II - Participants #11 350 24, CETA II - Administration #11 350 25, CETA VI - Participants #11 350 26, CETA VI - Administration $ 30,759.00 1,615.00 284,108.21 12,114.00 $328,596.21 Expenditures: Acct. #11 670 02, CETA II - Participants - Salaries $ 19,197.35 #11 670 Os., - FICA 1,342.21 #11 670 06 - Group Insurance 782.28 #11 670 54 - Insurance and Bonds 1,681.00 $ 23,002.84 Acct. #11 671 02, CETA II - Administration - Salaries $ 495.91 #11 671 Os., ;-'FICA 29.38 '#11 ,671 06 - Group Insurance 18.36 #11 671 07 - Retirement 98.75 0 #11 671 54 - Ins. and Bonds 66.00 $ 708.40 Acct. #11 675 02, CETA VI - Participant - Salaries $240,692.88 #11 675 05 - FICA 13,917.96 #11 675 06 - Group Insurance 3,354.64 #11 675 54 - Insurance and Bonds 6,135.00 $264,100.48 o o o ,! : 77 MINUTES OF REGULAR MEETING, JULY 18, 1977 (CONTINUED) CETA II' AND VI BUDGET AMENDMENTS (CONTINUED) Expenditures (continued); Acct. #11 "676 02,'CETA' VI -'Administration #11' 676 05 #11 676 06 '#11 676 07 #11 676 11 #11 676 14 #11 676 21 #11 "676 16 #11 676 27 #11 676 32 #11 676 33 #11 676 54 #11 676 74 -' Salaries - FICA :" .' Group Insurance - Retirement - Telephone - Travel Rent M & R -:Equipment" - Advertising - Copying & Duplicating - Supplies - Workmen's Comp. - Capital Outlay $ 3,038'.83 256.54" 92.20 201. 95 742.37 149.97 , ',' 2.85' 200.00 803.12 717'.25 968.27 84.00 520.28 $ '7;777.63 Acct. #11 298 00, unappropriated Fund Balance '$33,006:86 .~~ .; Upon vote, the motion carried unanimously. APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH JUNE 30, 1977, Comm. Alper moved, seconded by Comm. Gottovi, approval of the Report 'of the Collector of Revenue through June 30, 1977. Upon vote, the motion carried unanimously. A copy of the report is contained in Exhibit Book V, Page 18. APPROVAL OF TAX ABATEMENTS AND REFUNDS Conun. Alper moved, seconded by Comm. Gottovi, approval of the list of Tax Abatements and Refunds. County Attorney Fox stated that he had no questions concerning the list. Upon vote, the motion carried as follows: Voting Aye: Conun. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: Comm. Wright A copy of the list is contained in Exhibit Book V, page 19. DISCUSSION ON QUASI-JUDICIAL ACTIONS OF THE BOARD County Attorney Fox had furnished each of the Commissioners with copies of a pamphlet 'from the Institute of Government explaining the procedures which should be followed by the Board in making findings of fact and arriving at conclusions of law. Mr. Fox suggested that he get copies of rules adopted by other counties or,cities'per- taining'to these procedures for the members of the Board to review. DISCUSSION ON LIBRARY BOARD OF TRUSTEES After discuss'ion on the Library Board of Trustees, Comm. wright moved, seconded by COmm. Williams, that the Board adopt a policy that the Library would be operated basically as a County Department with the employees responsible to the manager through the depart~ent heads, just as other County department~~re operated, but to have a Board of Trustees which would 'act 'in an advi'sory capacity and which would be appointed at a later date and that the ones currently on there continue until it,,,as changed. Upon vote, the motion carried unanimously. DISCUSSION ON GRANTS FOR'LIBRARY Comm. Gottovi read a memo she had received concerning grants for Library use and asked County Manager Eller to check on some of the grants. BREAK Chm. O'Shields recessed the meetirig for a break from 9:50 o'clock a. m. to 10:00 o'clock a. m. 78 '7K" MINUTES OF REGULAR MEETING, JULY 18, 1977 (CONTINUED) DISCUSSION ON AMENDMENTS TO SAND DUNE PROTECTION ORDINANCE (CONTINUED) Mr. Bob Jamieson of the State Department of Natural & Economic Resources and Com- munity Development had presented copies of a Sand Dune Protection Ordinance for the members of the Board to review and addressed certain points contained in the Ordinance that he felt could pertain to New Hanover County. Mrs. J. R. Bayer offered her comments on this matter. Comm. Wright moved, seconded by Comm. Gottovi, to ask Mr. Fox to come back to the Board at the next meeting with suggested amendments incorporating the ideas that the 0 Board members had expressed. Upon vote, the motion carried unanimously. DISCUSSION ON COASTAL LIVING SEMINAR Mr. Jamieson advised the Commissioners of a Coastal Living Seminar which would be scheduled for this and other areas in the near future and should answer many questions for people living in the coastal areas. PUBLIC HEARING TO CONSIDER AOOPTION OF A PLAN OF IMPLEMENTATION AND ENFORCEMENT FOR THE ISSUANCE OF LOCAL MINOR DEVELOPMENT PERMITS UNDER THE COASTAL AREA MANAGEMENT ACT. Notice had been published that the Commissioners would consider this plan,at 10:00 a. m. The Commissioners had been furnished copies of the plan and copies were available for public inspection at the Planning Department. Chm. O'Shields asked if there was anyone present to speak on this matter and the following persons commented: Mrs. J. R. Bayer Mrs. Jean Jordan of the League of Women Voters Comm. Alper moved, seconded by Comm. Williams, to continue discussion on this item at the next meeting to let the public study it and that it be readvertised so the public would be aware of it. Upon vote, the motion carried unanimously. NAME FOR LIBRARY AND MUSEUM Since both the Library and the Museum were now funded entirely by the County, 0 Comm. Wright moved, seconded by Comm. Williams, that they be known as the New Hanover County Public Library and the New,Hanover County Museum. Upon vote, the motion carried unanimously. BREAK Chm. o'Shields recessed the meeting for a break from 10:55 o'clock a. m. until 11:07 o'clock a. m. FINAL SUBDIVISION PLAT APPROVAL - LONG LEAF ACRES, SECTION 10-A Mr. Harry E. Oakes of the Planning Department reported that this plat had received conditional final approval at the Planning Commission, Subdivision Review Committee meeting on May 23, 1977, and that the conditions had been met. Chm. O'Shields stated for the record that in the future he would not sign any more plats as Chairman until the Planning Commission Chairman had signed them. Comm. Williams moved, seconded by Comm. Wright, to approve the final plat for Long Leaf Acres, Section 10-A, on the condition that the Planning Commission Chairman sign it first. Upon vote,' the motion carried as follows: Voting Aye: Comm. Alper, Williams, Wright and Chm. O'Shields Voting Noe: Comm. Gottovi FINAL SUBDIVISION PLAT APPROVAL - WEAVER ACRES, SECTION 1 0 Mr. Harry E. Oakes of the Planning Department reported that this plat wa~ granted conditional final approval at the Planning Commission, Subdivision Review Committee meeting on May 23, 1977, and the conditions had been met. County Attorney Fox explained why this section did not come under the Sedimentation and Erosion Control Ordinance. Mr. Jack Stocks, the surveyor, commented on this matter. Comm. Williams moved, seconded by Comm. Wright, to approve the final plat for Weaver Acres, Section 1, subject to the plat's being signed by the,Planning Commission Chairman. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Alper, Williams, Wright and Chm. O'Shields Comm. Gottovi o o o w.,_, . " 79 MINUTES OF REGULAR MEETING, JULY 18, 1977 (CONTINUED) DISCUSSION ON PROPOSED SUBDIVISION ORDINANCE Mr. Howard Loughlin, Secretary of the local chapter. of the Society of Surveyors, appeared'before the Board to request that the surveyors be furnished an up-to-date copy of any proposed Subdivision Ordinance that ,the Planning Department might have. It was requested that County Manager Eller check with Mr. Fender on the matter. DISCUSSION ON COMMITTEE APPOINTMENTS Mrs. Jean Jordan stated that the League of Women Voters wholehe!irtedly supported Paul Foster for reappointment to the Planning Commission. Mrs. Pauline Endo of the Sierra Club seconded the League. of Women Voters':, endorse- ment of Paul Foster for'reappointment to the Planning Commission. ' APPROVAL OF CASTLE HAYNE VOLUNTEER FIRE DEPARTMENT ROSTER., Upon motion by Comm. Alper, seconded by Comm. Williams, the roster of members of the Castle Hayne Volunteer Fire,:Department was unanimously approved. REQUEST FOR INSTALLATION' OF' PUBLIC ADDRESS SYSTEM 'IN ASSEMBLY ROOM County Manager Eller reported that he had received a request that a public address system be installed in the Assembly Room as persons in, the audience had trouble hearing the discussions. It was decided that the County Manager would look into the possibility of installing a public address system. ANNOUNCEMENT OF GRANT OFFER FOR WATER SYSTEM County Manager Eller reported that he had received official notification from the State Department of a grant offer in the amount of $534,994 from the County allocation of Clean Water Bond Funds and requested the Chairman be authorized to execute the offer. Comm. Alper moved, seconded by COIlllll. Williams, to accept the grant offer and authorize the Chairman to execute it. Upon vote, the motion carried unanimously. REQUEST FOR LEGISLATION WRAP-UP Comm. Wright, requested the County. Manager to order her a copy of wrap-up of the legislation passed this year, and it was decided that a copy would be ordered for each of the Commissioners. REQUEST 'FOR DIRECTION SIGNS FOR VOLUNTEER FIRE DEPARTMENTS AND RESCUE SQUADS Comm. Williams requested that the County Manager obtain information on putting up highway directional signs for the Volunteer Fire Departments and Rescue Squads. DISCUSSION ON FIGURE 8 ISLAND BOUNDARY LINE Comm. Alper brought up the question.of the boundary line between Pender and New Hanover Counties at Figures 8 Island. County Attorney Fox stated that there was 'a certain procedure to follow in establish- ing disputed boundaries and that he would check into it. EXECUTIVE SESSION Comm. Alper moved, seconded by Comm. Wright, that the meeting be recessed to Executive Sesssion' for oommittee appointments and personnel matters. ,Upon vote, the motion carried unanimously. Chm. O'Shields recessed the meeting to Executive Session at 12:02 o'clock p. m. Chm. O'Shields reconvened the meeting to Public Session at 12:31 o'clock p. m. APPOINTMEnT TO MUSEUM BOARD OF TRUSTEES , U~~ motion by Comm. Wright, seconded by Comm. Williams, Mrs. COnnie Gillen was 'Jf1M16:f'gf!~aYto the Museum Board of Trustees to fill the unexpired term of Mr. Willia~ Perdew who had resigned. APPOINTMENT TO PLANNING COMMISSION Comm. Williams moved, seconded pointed to the Planning Commission. by Comm. Wright, that Mr. Charles R. Smith be ap- Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, 'Williams, Wright and Chm. O'Shields Voting Noe: Comm. Gottovi .(See Page 80 for clarification) 80 eo MINUTES OF REGULAR MEETING, JULY 18, 1977 (CONTINUED) DISCUSSION ON COMMITTEE APPOINTMENTS COnnn. Gottovi moved, seconded by Comm. Alper, that from now on all upcoming'Board vacancies be advertised so 'that the community would know what positions were going to be available and that the citizens be urged to apply for these positions'.i'f they were interested. Comm. Wright requested that the motion be amended to include that the Board not be bound to appoint any of those who applied unless the Board desired to do so and felt they ,were the bes,t,qualified. o Connn. Gottovi accepted that amendment;to h7I ~~ti?n, and the motion carried unaniroously. ADJOURNMENT Connn. Alper moved, seconded by Comm. Wright, that the meeting be.'adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned the meeting at 12:35 o'clock p. m. Respectfully submitted, ad~~L-/3, ~ Alyce B. Brown Clerk to the Board ' ab MINUTES OF REGULAR MEETING, AUGUST 1, 1977 ASSEMBLY The New,'Hanover County Board of Commissioners met in Regular Session on Monday, 0 August 1, 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; Chairman Claud O'Shields, 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 and offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, JULY 18, 1977 Upon motion by Comm. Wright, seconded by Connn. Alper, the Minutes of the Regular Meeting of July 18, 1977, were unanimously approved' as presented. Comm. Gottovi sta~ed for the record that, in regard to the appointment to the Planning COmmission on July 18, her voting "noell on the appointment of Mr. 8mi th was not in any way to say that he would not be a good member of the Planning Connnission as she felt he probably would and she had a great deal of respect for him as an indivi- dual, but her "noe" vote was a protest to the process of sel.ection, and preceded her request that, in the future, committee vacancies be advertised. RESOLUTION OF INTENT TO CLOSE UNNAMED STREET IN QUEENS POINT Comm. Alper IlDved, seconded by Comm. Gottovi, adoption of "Resolution by the Board of County Commissioners of New Hanover County of Intent to Close all of that Unnamed Street or Road Located on Part of Lot 9 in Queens Point, as the Same is.. More Fully', Described on a Map Thereof Recorded in Book 201, Page 592~ of the New Hanover County Registry". Upon vote, the m:>tion carried unaniroously. "0 A copy of the resolution as adopted is contained in Exhibit Book V, Page 20. ACCEPTANCE OF FAA GRANT FOR RUNWAY STRENGTHENING PROJECT Comm. Alper moved, seconded by Comm. Gottovi, adoption of a Resolution acepting the Grant Agreement bet~een the ,Federal Aviation Admini~tration an~ New Hanover County, and that the Chairman be authorized to execute tne agreement. Upon vote, the motion carried unanimously. A copy of the resolution and agreement are contained in Exhibit Book V, Page 21.