Loading...
1977-08-01 Regular Meeting 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. o o o 81 MINUTES OF REGULAR MEETING, AUGUST 1, 1977 (CONTINUED) NATIONAL wEATHER SERVICE , there were apparently no 'firms other than Ballard, ,design of the National ,'Weather Service Building to be APPROVAL OF CONTRACT FOR ARCHITECTURAL SERVICES FOR DESIGN OF BUILDING AT AIRPORT Comm. Wright questioned why McKim & Slwyer considered for the constructed at the Airport. Comm. Alper moved, seconded by Conun. Williams, approval of the Contract' wlth Ballard, McKim & Sawyer for the design of the National Weather Service Building to be constructed at the Airport, and in the future all agencies be notified that when they need the services of an Archi~ect, the Commissioners will be notified and will make,the decision as to'"l"hich arghiti!';t is to be used. "Upon vote, "themOtion'cati':!o~ .\lnanitOOusly; DISCUSSION OF CHANGE:, ORDER FOR LIBRARY .REPAIRS County Manager Eller reconunended that no action be taken-on this change order adding $4,311.85 for extra work and deducting $1,128 for deletion of paving outside the fenced area, until a change order was submitted reducing the Contract of Davidson & Jones, as this was a result of the damages to the Library. He also felt it should ,be discussed with the attorney prior to taking action. Comm. Alper moved to table action on this change order for Library repairs. It was agreed by common consent to take no action until ,further information was obtained. BUDGET TRANSFER - HOSPITAL EXPANSION Upon motion by Comm. Alper, seconded by Comm. Gottovi, the following budget transfer was unanimously approved to permit payment to the hospital for interest received on the $100,000 Certificate of Deposit the County was holding: Debit - Acct. #78 329 00, Interest Credit - Acct. #78 575 91, Payment to Hospital $1,697.50 1,697.50 DESIGNATION OF VOTING DELEGATE TO ANNUAL CONFERENCE OF NCACC Comm. Wright ,IOOved, seconded by Comm. Alper, that Cornm. Williams be the voting delegate to the Annual Conference of the ,North Carolina Association of County. Commis- sioners. It was agreed by common consent that Comm. Williams would be the voting delegate. APPROVAL OF ROSTER OFHOGDEN VOLUNTEER FIRE DEPARTMENT Upon motion by Comm. Williams, secop.ded by Conun. Wright, the roster of the Ogden Volunteer Fire Department was unanimously approved. CHANGE OF DATE FOR' FIRST MEETING IN SEPTEMBER Upon motion by Comm. Wright, seconded by COmm. Gottovi, the first meeting in September was changed to'Tuesday, September 6, since Monday 'was Labor Day and a County holiday. (See Page 87 fop addition!) BUDGET AMENDMENT - AIRPORT County Manager Eller reported that the new outside auditors were using'a different procedure with regard to outstanding purchase orders at the end of the fiscal year. The auditors will ,close out encumbrances and ask that funds be re-budgeted. To reinstate some purchase orders outstanding at the Airport as of June 30, 1977, the County Manager recommended the following budget amendment: Debit Acct. #31 200 00, Unappropriated Fund Balance Credit - :\Acct. #31 650 52, Right-of-way Easement $2,050 2,050 Comm. Alper moved, seconded by Comm. Wright, the Airport as recommended by the County Manager. mously. approval of the qudget amendment for Upon vote, the motion carried unani~ BUDGET AMENDMENT - PLANNING, Planning Director Richard Fender explained that various school clubs and scout troops had del i vered the land use plans in the County. Upon motion by Comm. 'Gottovi, seconded by Comm. Williams, the following budget ame~dment was unanimOusly approved to pay for the delivery of the land use plans: Debit -Acct. #11 335 00, Miscellaneous Revenue Credit - Acct. #11 490 57, Misc. Expense - Planning $3,000 3,000 8~ MINUTES OF REGULAR MEETING, AUGUST 1, 1977 (CONTINUED) DISCUSSION ON AUDIT OF SHERIFF'S DEPARTMENT County Manager Eller reported on his discussions with the Auditors concerning the work in the Sheriff's Department and stated that they 'felt the controls that were being used on the handling of the service of civil papers were adequate, and that they con- curred with Mr. Cooper's finding that the amount of money embezzled by Lt. Schley was $3,068.50. ,Mr. Eller reported that the auditors had expressed concern about a separate account maintained in the jail from the sale of soft drinks, candy, cigarettes, etc. to detainees and that the audit may contain a'recommendation that these funds be turned in to the Finance Office and be budgeted and otherwise handled as County funds. BREAK Chm. 0' Shields 9:35,0'eloeka'.'rn. - '--.., " recessed ,the mee,ting,_for a break from 9:27 0 'clock a. m. until o , PUBLIC HEARING Notice had been published that a public hearing would be held by the Board of Com- missioners of New Hanover' County on Monday, August 1, 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: PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED AT 221 SUMMER REST ROAD (BOWDEN NURSING HOME) FROM R-20 (RESIDENTIAL DISTRICT) TO 0 & I (OFFICE AND INSTITUTIONAL DISTRICT) IN ZONING AREA #2. This item had been tabled from the meeting of July 5, 1977. Planning Director Richard Fender reported that this rezoning request was considered by the Planning Commission at the meeting of April 6, and they voted to recommend denial. He gave some of the background on this request and stated that the Planning Staff had strongly recommended denial to the Planning Commission. Chm. O'Shields asked if there was anyone present to speak in favor of this rezoning and the following persons appeared: Mr. Fred Anderson, Attorney for Bowden Nursing Home, the petitioner Mr., Jim Bowden, the petitioner Mrs~ Calvert, a resident of BoWden's Nursing Home Rev. Paul Nix Mrs. Flora Bass Mr. George Hughes Mrs. Jeannette Wilson, Social Worker at the home Mrs. G. L. Carroll , ' Ms. Laurel Bowden, presented a petition of neighbors who had no objections' Mr. Wes Henry, Architect, showed drawings of proposed addition Mrs. Ann Mccrary o Chrn. O'Shields asked if there was anyone present to speak in opposition to this rezoning request and the following persons appeared: Mr~ C Steve Culbreth, Attorney for the opposing residents Mrs. William Byers Mr. Jack Langford Mrs. Audrey Wood Mrs. J." Lansing Smith Mr. George Allen The Commissioners offered their comments on this request Mrs. Ann Sullivan and Mrs. Pat Bowden commented. Comm. Wright ,moved. to approve the rezoning request. The motion died for lack of a 0 second. Comm. Gottovi moved, seconded by Comm. ,Alper, that this rezoning request be denied. upon vote, the motion carried as follows: voting Aye: Comm.. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: Comm. Wright BREAK Chm. O'Shields recessed the meeting for a break from 11:32 o'clock a. m. until 11:45 o'clock a. m. o o o ; ,,'-t;'- ': ! ;., .~; ,.~..~. e." 83 MINUTES OF REGULAR MEETING, AUGUST 1, 1977 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE EAST SIDE OF RIVER ROAD APPROXIMATELY 1,069 FEET DUE EAST OF THE CITY OF' WILMINGTON SOUTHSIDE TREATMENT PLANT FOR A MOBILE HOME Planning Director Richard Fender explained that the Planning Commission had con- sidered this matter at the meeting in June and both the Planning Commission and Planning Staff recommended approval. Chm. O'Shields asked if there was anyone present to speak in favor of this applica-.. tion, and Mr. Patrick L. Smith, the petitioner, appeared before'the Board to request approval. Chm'. O'Shields"asked if there was anyone present to speak in opposition and no one appeared. 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 ~n harmony with the area in which it was to ,be located and in ,general conformity with the plan of development for New Hanover County, Comrn. Alper moved, seconded by Comm; Williams, that this ' Special Use Permit be issued based on the same conditions as reco~ended by the plan- ning Commission. Upon vote, the motion carried unanimously. PUBLIC HEARING TO CONSIDER PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HINTON AVENUE AND PARK AVENUE FROM R-15 (RESIDENTIAL DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA #9B. Planning Director Richard Fender reported that the Planning Commission had con- sidered this rezoning at the meeting in June and both the Planning COmmission and Planning Staff recommended approVal. Chm. O'Shields asked if there was anyone present to spea~ in favor of or in opposi- tion to this request and no one appeared in this regard. Comm. Alper moved, seconded by Chm. O'Shields, approval of the rezoning request and to adopt the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of ZOning Area #9B of New Hanover County, North Carolina, Adopted July 1, 1972." upon vote, the m~1;~o~ .c::i!rr~.ed unanimously. :-~ . " -' - :::_,:::;'~~~ . - ~ =~~. ,-.' A copy of the ord'inance" as adopted and signed is contaiited in ZOning Ordinance Book 1, Section 9B, Page 31. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE SOUTH SIDE OF U. S. HWY. 17 (MARKET STREET EXT.) APPROXIMATELY 1,000 FEET NORTHEAST OF THE INTERSECTION OF U. S. HWY. 17 AND SWEETWATER BRANCH, FOR A MOBILE HOME . Planning Director Richard Fender reported that the Planning Commission had considered this application at the June meeting ,and both the Planning Commission and ~lanning Staff recommended approval with the following stipulations: ' 1. Plan as submitted and approved with the application for Special Use Permit; and 2. This Special Use Permit shall comply with all supplemental regulations and re- quirements imposed by the ZOning Ordinance and any other applicable Federal, State and local ordinances. Chm. 0' Shields asked if there was anyone present to speak in favor of or in opposi- tion to this application 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 piblic 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. Alper 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 motion carried unanimously. 84 MINUTES OF REGULAR MEETING, AUGUST 1, 1977 (CONTINUED) PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENT TO THE COUNTY ZONING ORDINANCE Planning Director Richard Fender explained the background and the reason for the Plannirig Commission's requesting the following proposed amendment to the County Zoning Ordinance: 1. Amend Article XI, Section 113 to read as follows: 113-1 No resubmission of a denied petition maycbe resubmitted within twelve (12) months of its previous denial. After discussion on this matter, it was felt that a 12-month wait would be too long 0 and that the present 6 months was adequate. Comm. Wright moved, seconded by Comm. Williams, to not approve this proposed amend- ment to the County Zoning Ordinance. Upon vote, the motion carried as follows: Voti:ng Aye: Comm. Alper, Williams, Wright and Chm. O'Shields Voting Noe: cOmm. Gottovi PUBLIC HEARING 'TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERTY LOCATED TO THE WEST OF BRENDA DRIVE BEiWEEN LOTS 3, 4, 5, 6 AND 7 OF THE ENGLEWOOD SUBDIVISION AND THE JUNGLE, RAPIDS AMUSEMENT PARK FROM R-15 (RESIDENTIAL DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA #9B Richard Fender, Planning Director, stated that the Attorney for the petitioners had to leave the meeting and requested a continuance of this appeal. In view of the fact that there were several persons in attendance who were opposed to this rezoning, the Commissioners decided to proceed with the public hearing. Planning Director Richard Fender gave the background on this rezoning request and reported that the Planning Commission had considered this request at the meeting in June and both the Planning Commission and Planning Staff recommended denial. Chm. O'Shields asked if ,there was anyone present to speak in favor of this request and no one appeared. o Due to the compromise that was worked out several months ago when the front part of the property was rezoned, Chm. O'Shields moved, seconded by Comm. Alper, that this rezoning request be denied. Upon vote, the motion carried unanimously. PUBLIC HEARING ON PLAN FOR IMPLEMENTATION AND ENFORCEMENT AS REQUIRED FOR ISSUANCE OF LOCAL MINOR DEVELOPMENT PERMITS UNDER THE NORTH CAROLINA COASTAL AREA MANAGEMENT ACT This item was rescheduled from the July 18th meeting and the public hearing had been readvertised. Mr. Bill Farris of the Planning Department and Mr. Bob Williams, County Engineer, appeared before the Board to explain the Implementation and Enforcement Plan. Mr. Farris explained that it was the opinion of the County Attorney that there was a mixture of things that should be in Ordinance form and some matters that should be the County's internal personnel policy and that these items should be divorced from each other. Comm. Wright moved that the matter be tabled until such time as that was done and the Ordinance prepared. The motion died for lack of a second. Afte~ the Board had discussed various portions of the Plan, it was agreed by common consent that paragraph "b" under Section 8 on Page 6 would be deleted. Chm. o'Shiidds'asked if there was anyone present to speak on this Plan for Imple- mentation and Enforcement and Mrs. Jean Jordan offered her comments. No action was taken on the Plan. o DISCUSSION ON SAND DUNE ORDINANCE County Attorney Fox reported that he had drafted an Ordinance for consideration by the Board and requested permission to review it further with, the County Manager and County Engineer before it was presented to the Commission. Mr. & Mrs. J. R. Bayer <;:ommented on the Sand Dune Ordfulance and were informed it would be discussed at the first meeting in September. o o :0 " ~" I: <' I '- 85 MINUTES OF REGULAR MEETING, AUGUST 1, 1977' (CONTINUED) BUDGET AMENDMENTS - CETA II AND VI , I Mr. Gary Cannon, Personnel Officer, explained' to the'Boa:rd that the County had been authorized $1,557,996 to fund 'the CETA VI program and $430,517 to operate the CETA II program from October 1, 1977, to September 30, 19.78., The Commissioners had been furnished separate memos detailing the positions to be funded through these programs. After discussion, concerning funding the teacher aide positions' with CETA funds, Comm. Williams moved, seconded by Comm. Gottovi, to approve the budget amendment out- lined below and to decline taking the State positions into the County contract and ask the State to allocate those separately: '" , Revenue Acct. #11 350' 27; CETA II - Participant' Acct. #11 350 29, CETA VI - Participant Acct. #11 350 30, CETA VI - Administration $ 235,579 684,163 34,797 ,.j' $ 213,968 12,517 5,884 3,210 $ 235,579 $ 620,420 36,295 18,142 9,306 i, $ 684,163 1 $ 21,197 1,240 495 1,560 1,800 3,375 75 1,062 450 1,800 1,125 318 300 Expenditures - CETA II - Participant Acct. #11 672 02, Salaries Acct. #11 672 05, FICA Acct. #11,672 06," Group Insurance Acct. #11672 54,'Insurance & Bonds Expenditures - CETA VI - Participant Acct. #11 677 02, Salaries Acct. #11 677 05, FICA Acct. #11 677 06, Group Insurance' Acct. #11 677 54, Insurance & Bonds Expenditures - CETA VI - Administration Acct. #11 678 02, Salaries Acct, #11 678 05, FICA Acct. #11 678 06, Group Insurance Acct. #11 678 07, Retirement Acct.' #11 678 11, Telephone, & Postage Acct. #11 678 14, Travel, Meetings & Schools Acct. #11 678 16, Equipment Maintenance ,Acct. #11 678 21, Rent (Occupancy) Acct. #11 678 27, Advertising Acct. #11 678 32, Copying & Duplicating Acct. #11 678 33, Supplies & Materials Acct. #11 678 54, Insurance & Bonds Acct. #11 678 74, Capital Outlay - Equipment $ 34,797 Upon vote, the motion carried;as.follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: COmm. Wright EXECUTIVE SESSION Comm. Alper moved, seconded by Comm. Williams, that the meeting be recessed to Executive Session to discuss attorney/client matters with Attorney Alton Lennon and to discuss committee appointments. Upon vote, the motion carried unanimously. Chm. O'Shields recessed the meeting to Executive Session at 1:24 o'clock p. m. Chm. 0' Shields reconvened the meeting to Public Session at 2 :,24 0' clock. p. m. BUDGET AMENDMENT - LAW ENFORCEMENT CENTER-PHASE II County Manager Eller explained the Change Order to the Law Enforcement Center _ Phase II, adding $6,345 to the contract for furniture design. NO action was taken pending receipt of fut,ther information concerning the fur- nishings for the building. 86: MINUTES OF REGULAR MEETING, AUGUST 1, 1977;' (CONTINUED) AWARD OF BID FOR TRACTOR AND MOWER - BUILDINGS & GROUNDS County Manager Eller presented the following bid tabulation for the tractor and ,,' mower for the Buildings & Grounds Department: Wilmington Lawn & Leisure N. C. EquiJ:Xllent Company Cottle Equipment Company Lee Ford Tractor Sessions Farm Machinery Wilkes-White Tractor Co. $6,348'.00 7,979.00 7,671.44 6,932.,00 6,587.81 7,411. 78 o Comm. Alper moved, seconded by Comm. Gottovi, ,that ,the bid be awarded to Wilmington Lawn & Leisure in the amount of $6,348. upon' vote, the motion carried unanimously. BUDGET AMENDMENT - BLAIR SCHOOL PARK County Manager Eller reported that additional funds had been received' from the Bureau of Outdoor Recreation Grant for Blair School Park and requested the budget~be amended to provide for the placing of light poles for the ball fields and for lighting the tennis courts. Comm. Gottovi moved, seconded by COmm. Alper, approval of 'increasing Revenue Acct. #11 349 11, Federal Government Grants - Bureau of Outdoor Recreation, by the sum of $7,700 and by increasing the ExpenditUre Item - Capital Outlay - Other Improvements in the non-departmental section of the budget, Acct. #11 660 73, by the sum of $7,700. Upon vote, the'motion carried unanimously. DISCUSSION ON BASE ,FLOOD ELEVATION INFORMATION County Manager Eller reported that he had received information on ,the Flood Insur- ance Program in New Hanover County and stated that he would write a memo to the Board outlining the information he had received. APPROVAL OF CONTRACT WITH JOHN TALBERT & ASSOCIATES FOR TAXIWAY "A" AT AIRPORT County Manager Eller reported that the FAA had approved the Contract with John Talbert & Associates for Taxiway "An at the Airport and requested the Board approve it. He stated that the total engineering fees would be $54,300 of which 90% would be funded by the Federal Government, 5% by the State and ,5% by the County and the total project cost would be approximately $700,000. o Upon motion by Comm. Williams, seconded by,Comm. Alper, the Contract with John Talbert was unanimously approved. A copy of the contract is on file in the County Manager's Office. DISCUSSION ON DONATION OF PROPERTY AT CASTLE HAYNE TO COUNTY County Manager Eller reported on receipt of a letter from Attorney Frank Cherry offering to donate to ,the County property of Mrs. Addie Porter at ,Castle Hayne in order that Mrs. Porter could receive assistance from the Department of Social Services. Upon motion 'by Chm. 0' ~hields, seconded by Comm. Williams, the Board unanimously rejected the offer of this property as there was no governmental use..,for it. DISCUSSION OF COMMITTEE TO LOOK INTo SCHOOL FINANCING Comm. Gottovi requested that the N. C. Association of County Commissioners be asked at its meeting in Charlotte that a Committee be developed to look into the matter of school financing with the idea of pushing for Legislation to,allow the School Board to levy their own taxes. DISCUSSION ON' OVERLAPPING OF YOUTH SERVICES Comm. Alper .pointed out the necessity for coordination of various overlappingJ ,,; 0 Youth Services'in the County. Comm. Gottovi and County Manager Eller, reported on in- formation they had received in this regard. ADJOURNMENT Conlm. Alper moved, seconded by Comm. Gottovi, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned the meeting at 2:46 o'clock p. m. Respectfully submitted, ab a~~~ 4. ~ Alyce B. Brown ~ Clerk to the Board