1977-10-03 Regular Meeting
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MINUTES OF REGULAR MEETING, SEPTEMBER 19, 1977 (CONTINUED)
DISCUSSION CONCERNING LOCAL GOVERNMENT FISCAL CONTROL ACT
County Manager Eller reported on ,a bill ,passed 'by the General Assembly wh~ch
extended the Local Government F,iscal Control Act coverage to any public agency in "
that if they get as much as $1,000 or more from a city or county, they are subject
to audit 'requirements of the budget and fiscal control act, or if they get as much
as 25% of their annual revenues from one or more counties and'cities or if they get
50% or more from a combination of Federal, State and' Local, Governments, they are sub-
ject to all of the requirements of the fiscal control act. ,He reported that he a~d
County Attorney, Jim Fox concurred that, there were ,several agencies that the County
contributed to that would fall in this category and he was going to ,notify them of
the requirements.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. Gottovi, that the meeting be adjow:ned. Upon
vote, the motion carried as follows: '
Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'$hields
Absent: Comm. Wright
Chrn. O'Shields adjourned the lneeting at,'4:27 o',clock p. 11).
Respectfully submitted,
~~.~
Alyce B. Brown
Clerk to the Board
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MINUTES OF REGULAR MEETING, OCTOBER 3, 1977
ASSEMBLY
The New Hanover County, Board of, Commissioners met, in Regular Session on Monday,
October 3,1977, at 9:00 o'clock a. m. in, the Assembly Room, New Hanover County Adminis-
tration Building, Wilmington, 'No~th Caroi"ina'." ,."
Members present were, Commissioners George E.. Alper, Ka~en 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
~~. '
Chrn. O'Shields called the meeting to order and offered the invocation.
APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER '19, 1977
Comm. Williams moved, ,seconded by Comm. Alper, thil.t the Minutes of the Regular
Meeting of September 19, 1977, be approved as presented~ Upon vote, the motion carried
unanimously.
TABLING OF FINAL PLAT APPROVAL OF BAYSHORE ESTATES, SECTION 10, "
Mr. Harry Oakes of the Planning Department reported that final approval had been
granted Bayshore Estates, Section 10, by the Subdivision Review Committee on SepteIDDer 26,
1977.
Carom. Gottovi connnente.d c;>n violations 'of the Sedimentation & Erosion Control
Ordinance in the existing sections of Bayshore. Estates., (Se.e Page, 114 fop aqmment)
Mr. Frank Olive of the Health De~~tment commented on the suitabili~y of the area
for septic tanks.
Chrn. O'Shields asked if there was anyone present to speak in favor of the final
plat approval and Mr. Howard Loughlin offered his comments.
Chrn. O'Shields asked if ,there was anyone present to speak in opposition to the
final plat approval and Mr. Frederick Anderson, Attorney representing the Clean Water
Association of Coastal North Carolnia, In~~ appeared before the 'Board. to state his
opposition.
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MINUTES OF REGULAR MEETING, OCTOBER 3, 1977 (CONTINUED)
BREAK
Comm. Wright moved, seconded by
Chm. O'Shields returned to the room.
Comm. Williams,
Upon vote ,the
to take a 5-minute break until
motion carried as tollows:
Voting Aye: Comm. Alper, Gottovi, Williams and Wright
Temporarily Absent: Chrn. O'Shields
The meeting was recessed from 9:35 o'clock a. m. until 9:50 o'clock a. m.
DISCUSSION ON FINAL PLAT APPROVAL OF BAYSHORE ESTATES, SECTION 10 (CONTINUED)
Mr. Anderson continued his comments in opposition to the plat approval.
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Mr. Jabe Hardee,representing the developer of the Subdivision, and Mr. Howard
Loughlin, surveyor of the subdivision also commented.
Dr. Linda Little, Microbiologist from the University of N. C. at Chapel Hill and
the Research Triangle Institute,presented her findings and opinions on the pollution
of waters in the area.
The following persons also offered comments:
Mr. Bob Helm, Bayshore resident
Mr. Pete DePland, Bayshore resident
Mr. John Maye
Attorney Richard Morgan, representing Bayshore Estates, Inc.
Mr. Bob Helm commented on a 'potential conflictl:of interest on the part of Chairman
O'Shields.
Chrn. O'Shields responded to this comment and stated that he had obtained an
opinion from the County Attorney on the matter.
County Attorney Fox offered his opinion on the conflict of interest question.
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Cornrn. Alper moved, seconded by Cornrn. 'Williams, that Chrn. O'Shields be permitted to
vote on this question.
County Attorney Fox read the statute pertaining to conflict of interest.
Upon vote, the motion carried as follows:
Voting Aye: Corom. Alper, Williams and Wright
Voting Noe: Comm. Gottovi,and Chrn. O'Shields
Comm. Gottovi
the Commission had
would be discussed
cZaY'ifiaation)
Chrn. O'Shields requested that the motion be amended to include that the plat approval
be on the agenda for the October 17 meeting of the Board. Comm. Alper seconded the motion
and upon vote, the motion carried unanimously.
moved to table final plat approval on Bayshore, Section 10, until
more information as to alternate systems of sewage disposal that
at the Board of Health meeting on Wednesday. (See page 114 faY'
TABLING OF FINAL PLAT APPROVAL OF FIGURE EIGHT ISLAND, SECTION 18-A
Comm. Wright moved, seconded by Comm. Williams, that final plat approval of Figure
Eight Island, Section 18-A,be postponed until October 17 to be tested the same as re-
quired of Bayshore. Upon vote, the motion carried unanimously.
BREAK
Chm. O'Shields recessed the meeting for a break from 11:15 o'clock a. m. Until
11:35 o'clock a. m.
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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, October '3, 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:
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MINUTES OF REGULAR MEETING, OCTOBER 3, 1977 (CONTINUED)
PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE WEST SIDE OF CASTLE HAYNE
ROAD APPROXIMATELY 700 FEET NORTH OF ROCK HILL ROAD FROM R-20 (RESIDENTIAL DISTRICT)
TO B-1 (BUSINESS' DISTRICT)
Planning.-Director Richard Fender reported that the Planning Commission had con-
sidered this request at its meeting on September 7, and both the Planning Commission
and Planning Staff recommended approval.
Chrn. O'Shields asked if there was anyone present to speak in favor of this re-
quest and Mr. Merritt, the petitioner, appeared before the Board to request approval.
Chrn. O'Shields asked if there was anyone present to speak in opposition and no
one appeared in opposition.
Comm. Williams moved, seconded by Comm. Wright, to approve the rezoning and to
adopt the ordinance entitled "An Ordinance of the County of New Hanover Amending the
ZOning Map of ZOning Area #5 of New Hanover County, North Carolina, adopted July 6,
1971". Upon vote, the motion carried unanimoUSly.
A copy of the ordinance as adopted and signed is contained in Zoning,Ordinance
Book I, Section 5, Page 7.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED
ON THE EAST SIDE OF CAROLINA BEACH ROAD APPROXIMATELY 2,000 FEET SOUTH OF MASONBORO
LOOP ROAD FOR A FAMILY CARE HOME.
Planning Director Richard Fender reported that this application was considered at
the Planning Commission meeting of'September 7, 1977, and both the Planning Commission
and Planning Staff recommended approval with the following conditions:
1. Plan as submitted and approved with the application for Special Use Permit,
and
2. That this Special Use Permit shall comply with all other supplemental regula-
tions and requirements imposed by the Zoning Ordinance or any other applicable
Federal, State or local ordinances.
Chrn. O'Shields asked if there was anyone present to speak in favor of this request
and Mrs. Mattie Low, the petitioner, was present to answer any questions from the Board.
Chrn. O'Shields asked if there was anyone present to speak in opposition and no one
appeared in opposition.
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 condiitions and specifications; (c) that the use would not sub-
stantially injure the value of adjoining or abutting property or the use was a public
necessity, and (d) that the location and character ?f the use, if developed according
to the plan as submitted and approved, would be in harrnony, 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 motion carried unanimously.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED
ON THE SOUTH SIDE OF GREEN TREE ROAD 325 FEET FROM HWY. 132 FOR AUTOMOBILE PAINT SHOP,
BODY SHOP AND/OR FRAME SHOP.
Planning Director Richard Fender reported ~hat a Special Use Permit had been granted
previously for this 'operation but the location had been changed and it needed approval
again. He stated that the Planning Commission had considered this application at the
meeting of September 7, 1977, and both the Planning Commission and Planning Staff had
recommended approval with the following conditions:
1. Plan as submitted and approved with the application for Special Use Permit,
2. There shall be no outside storage of wrecked or junked automobiles, paints
or painting equipment,
3. No body or frame work shall be permitted other than normal body surface prepara-
tion for painting"
4. All painting operations shall be within enclosed structures;
5. That the operation will not create any obnoxious or poisonous fumes, dust or
odor; and
6. That this Special Use Permit shall comply with all supplemental regulations and
requirements imposed by the Zoning Ordinance and any other applicable Federal,
State or local ordinances.
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MINUTES OF REGULAR MEETING, OCTOBER 3, 1977 (CONTINUED)
SPECIAL USE PERMIT FOR AUTOMOBILE PAINT SHOP (CONTINUED)
Chrn. O'Shields asked if there was anyone present to speak in favor of this appli-
cation and Mr. Fitz Caudle, the petitioner, appeared to request'approval.
Chrn. O'Shields asked if there was anyone present to speak in opposition and no
one appeared in opposition.
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; 0
(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 unanimously.
PUBLIC HEARING TO CONSIDER A REQUEST FOR 6 MONTH EXTENSION ON SPECIAL USE PERMIT GRANTED
ON JUNE 6, 1977, TO USE PRDPERTY ON THE WEST SIDE OF CAROLINA BEACH ROAD APPROXIMATELY
500 FEET FROM BARNARD'S CREEK FOR A PRIVATE CLUB AND LODGE.
Planning Director Richard Fender reported that this was advertised in error and
should be deleted from the agenda as it was not necessary for the Commissioners to act
on it.
DISCUSSION ON AMENDMENTS TO SUBDIVISION REGULATIONS
Planning Director Richard Fender reported that, in view of the fact that'the're-
vised Subdivision Regulations would be ready for the Commissioners' review by the first
of December, he recommended that the proposed amendments to the existing ordinance be
delayed and included in the revised ordinance.
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Comm. Williams moved, seconded by Comm. Gottovi, for the Planning Staff to proceed
in the manner as recommended by Mr. Fender. Upon vote, the motion carried unanimously.
DISCUSSION ON POSSIBLE LOCATION FOR NEW LIBRARY 0
Mr. C. G. Beery appeared before the Board to suggest the Board consider property
at 6th and Market Streets as a possible location for the new Library.
ADOPTION OF CAPITAL PROJECT ORDINANCE FOR ADMINISTRATION BUILDING
Comm. Wright moved, seconded by Comm. Gottovi, the adoption of the Capital Project
Ordinance appropriating the Local Public Works Grant in the amount of $156,OOO,for
renovations to the heating and cooling systems in the Administration Building. Upon
vote, the' motion carried as follows:
Voting Aye: Connn. Alper, Gottovi, Williams and Wright
Temporarily Absent: Chrn. O'Shields
A copy of the Ordinance is contained in Exhibit Book V, Page 35.
ADDITIONAL DISCUSSION ON FINAL PLAT APPROVAL FOR FIGURE 8, SECTION IB-A
Mr. Ed Goodwin appeared before the Board to request reconsideration of the action
taken earlier in the meeting tabling the final plat approval for Figure B Island, Section
IB-A. He stated that all,requirments had been met and did not want the project delayed.
No action was taken on Mr. Goodwin I s request.
INTRODUCTION OF SPECIAL GUESTS
Chrn. O'Shields introduced Co1- Adolph Hight, of the U. S,. Corps of Engineers, 0
Adm. William Greene, Executive Director of the State Ports Authority, and Mr. Tom Taft,
Chairman of the State Ports Authority, and welcomed them to the meeting. Matt"rs of
mutual interest concerning the ports were discussed.
LUNCH BREAK
Chm. O'Shields recessed the meeting for lunch from 12:20 o'clock p.m. until
2:00 o'clock p. m.
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MINUTES OF REGULAR MEETING, OCTOBER 3, 1977 (CON'):':rNUED)
APPROVAL OF ENGINEERING CONTRACT - ADMINISTRATION'BUILDING
County Manager Eller explained the engineering contract for the renovations 'to
the heating and air conditioning systems in th~ Administration Building.
Comm. Gottovi moved, seconded by Comm. Williams, approval of the contract providing
for a lump sum fee of $9,500 with Steuer-Cheatham Association as consulting engineers
for the renovations to the heating and air conditioning systems in the Administration
Building.' Upon vote, the motion carried unanimously.
A copy of tJ:Ie contract is on file in the County Managen's Office.
ENGINEERING AGREEMENT - AIRPORT WATER & SEWER PROJECT
County Manager Eller explained that this agreement was in the amount of $15,000
and would require"an amendmlint.to 'the Capital Project Ordinance which had been adopted
for the project.
Cornrn. Alper moved, seconded by Cornrn. Gottovi, to approve the contract with Talbert/
Cox and Associates, Inc. in the amount of $15,000 for engineering services in connection
with repla~ing the water and Sewer lines at the Airport::and approval 'of the transfer of
$4,000 from Contingencies, Acct. #80 575 76, to Engineering Services, Acct. #80 575 71,
in the Capital Project Ordinance for this project. UPon vote, the motion carried
unanimously. '
A copy of the contract is on file in the County Manager's Office.
PUBLIC WORKS GRANT FOR SCHOOL MATERIALS WAREHOUSE
County Manager Eller reported that the application for funds under the Local Public
Works Grant in the amount of $75,000 for construction of the materials warehouse for'the
schools had also been approved.
BUDGET TRANSFER - LAW ENFORCEMENT CENTER
The architects for the Law Enforcement Center had recommended a change in the venti-
lation system which would add $540 to the heating and air conditioning contract.
Comm. Alper moved, seconded by Chrn. O' Shields, approval
ventilation system and approval of 'the transfer of $540 from
to Heating and Air Conditioning Contract, Acct. #77 575 73.
unanimously.
of the change order for the
Contingencies, Acct.#77 575 80
'~pon vote, the motion carried
BUDGET AMENDMENTS - CETA II AND VI
The Commissioners had been furnished a memorandum outlining the budget amendments
needed to account for CETA funds which had not been appropriated. Personnel Officer
Gary Cannon explained the amendments and stated that the contracts had been finalized
and requested the Commissioners approve the budget amendments appropriating the funds.
Cornrn. Gottovi moved, seconded by Carom. Alper, to approve the budget amendments for
CETA II and VI as outlined in Mr. Cannon's memorandum of September 27, 1977. Upon vote,
the motion carried unanimously.
A copy of the memorandum is contained in Exhibit Book V, Page 36.
BUDGET AMENDMENT - JUVENILE SERVICES
Comm. Alper moved, seconded by Comm. Gottovi, to amend the Juvenile Service Center
Budget by appropriating $60 to Miscellaneous Revenue, Acct. #11 335 00, and by appro-
priating that same amount'to Supplies, Acct. #11' 522 33, to account for cash donations
received and to write a letter of appreciation to 'the donors. UpOn vote, the motion
carried unanimously.
NAMING OF BLAIR SCHOOL PARK
Comm. Wright moved, 'seconded by Comm. Williams, that since the park constructed
adjacent to Blair School had been called Blair School Park,it be officially named Blair
School Park. Upon vote, the motion carried unanimously.
DISCUSSION ON BIDS FOR LAW ENFORCEMENT CENTER FURNISHINGS
Mr. Herb McKim appeared before the Board and reported that the following bids
were received for furnishings for the Law,Enforcement Center:
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MINUTES OF REGULAR MEETING, OCTOBER 3, 1977 (CONTINUED)
BIDS FOR LAW ENFORCEMENT CENTER FURNITURE (CONTINUED)
Clyde Rudd & Associates
Contract Interiors, Inc.
Alfred williams & Co.
Miller's Office Equipment
O. 'G;Penegar Company
$50,533.68
55,687.93
61,316.56
67,633.25
56,'367.84
Chrn. O'Shields read a telegram he had just received',from one of the bidders stating
that he felt the terms of the specifications' dealing with substitutions had not,been
complied with and requested the bid be re-advertised.
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Mr. McKim explained the reasons for the objections from the bidder.
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County Attorney Fox offered his comments on the legal technicalities involved.
Comm. Alper moved, seconded by Cornm. Williams, to re-advertise for bids on the ad-
vice of Counsel. Upon vote, the motion carried unanimously.
DISCUSSION ON SELECTION OF ARCHITECT FOR LIBRARY
County Manager Eller reported that he had received nine proposals from anchi~
tectural firms who were interested in the construction of the new Library and requested
direction from the Board on the method of selection. Mr. Eller recommended that the
Commissioners schedule interviews with the firms which had indicated an interest in
the project.
It was agreed by common consent that the interviews would be scheduled for October 18,
24 and 25, beginning at 8:30 a. m.
AWARD OF CONTRACT FOR CONSTRUCTION OF TAXIWAY "A" AT THE AIRPORT
The following bids were received for construction of. Taxiway "A" at the Airport:
Schedule I & II
Dickerson, Inc.
Cumberland Paving Company
D. R. Allen Paving Company
$592,521. 75
628,979.50
709,527.50
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Schedule III & IV
Bryant Electric Company
Hodges Electric Company
Cape Fear Electric'Company
Rockwell Radio & Electric
Watson Electric
Graves Electric
$ 40,609.50
41,262.50
45,594.00
,';.47,737.00
47,939.93 '
53,442.80
Comm. Alper moved, seconded by Comm. Gottovi, that the contracts be awarded to the
low bidders, Dickerson, Inc. in the amount of $592,521.75 for the paving and Bryant
Electric Company in the amount of $40,609.50 for the electrical work,as recommended
by the FAA, consulting engineers and airport management, and authorize the Chairman to
~cute thel~o~tract da~ents.) Upon vote, the motion carried unanimously.
{0ee page 1 ~ Jor c"ar~J~a"~on
ACCEPTANCE OF TESTING SERVICES PROPOSAL FOR TAXIWAY "A" AT THE AIRPORT
The Commissioners had been furnished copies of proposals received for testing
services for taxiway "A" at the Airport.
Comm. Alper moved, seconded by Cornm. Gottovi, to accept the proposal from Law
Engineering and Testing Company for construc,tion testing on taxiway "A". as recommended
by the consulting engineers and airport management. Upon vote, the.motion carried
unanimously.
DISCUSSION ON ADDITIONAL STRENGTHENING ON TAXIWAYS
County Manager Eller reported that there would be enough funds left from the
strengthening project for runway 5-23 to strengthen the aprons and taxiways in order
to accommodate heavier aircraft. He explained that the FAA had verbally agreed to
approve a grant amendment to include this extra work.
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Chrn. O'Shields moved, seconded by Corom. Williams, to proceed with the applications
for this grant amendment.. Upon vote, the motion carried unanimously..
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MINUTES OF REGULAR MEETING, OCTOBER 3, 1977 (CONTINUED)
COMM. WILLIAMS APPOINTED TO REPLACE COMM. ALPER ON HOSPITAL BOARD
Comm. Wright moved, seconded by Cornrn. Williams, that since Comm. Alper's brother
had been appointed to the New Hanover Memorial Hospital Board of Trustees he ,(Cornrn.
Alper) be replaced as she felt it was not good to have two people from the same family
on the same board at the same time.
After discussion, Comm. Wright amended her motion'to"include that Comm. Williams
be appointed to replace Comm. Alper on the Hospital Board and upon vote, the motion
carried unanimously.
DISCUSSION ON LETTER TO SEN. SMITH CONCERNING FOREIGN ,TRADE ZONE MEETING
Cornrn. Gottovi requested a letter be written to Senator William G. Smith thanking
him for the information he had furnished concerning the meeting ,on Foreign'Trade ZOnes
that was held in San Jose, California.
Chrn. O'Shields agreed to write the letter.
DISCUSSION ON DEMOLITION OF NURSES QUARTERS AT OLD COMMUNITY HOSPITAL
Cornrn. Gottovi reported that she was still receivi~g requests that the demolition
of the nurses quarters at the Old Community Hospital building be reconsidered.
County Manager Eller 'reported that he had received a letter 'from the Superintendent
of SChools, Dr. Heyward Bellamy, stating that there was no space in the nearby school
buildings in which the agencies using these quarters could be housed.
No action was taken.
APPROVAL OF LEASE AGREEMENT WITH CITY OF WILMINGTON FOR LIBRARY PROPERTY
County Manager Eller explained the Lease Agreement with the City of Wilmington for
the County's use of the old WLI Building as a Library and recoromended the Board approve
the Agreement.
Comm. Gottovi moved, seconded by Cornrn. Alper, to approve the Lease Agreement with
the City of Wilmington for the WLI Building. Upon vote, the motion carried unanimously.
A copy of the Lease Agreement is on file in the County Manager',s Office.
SIGNING OF CAMA IMPLEMENTATION AND ENFORCEMENT PLAN
County Manager Eller stated that the Ordinance adopted for:cthe Coastal Area Management
Act Implementation and Enforcement Plan had not been signed as the necessary changes had
to be made after it was adopted, and he presented it to the Commissioners for signing.
A copy of the Ordinance as adopted and signed is in the Ordinance Book in the Clerk's
Office.
EXECUTIVE SESSION
Comm. Gottovi IIlOved, seconded by Comm., Williams, that ,the meeting be recessed to
Executive Session for committee appointments. Upon vote, the motion carried unaniIllOusly.
Chrn. O'Shields recessed the meeting ,to Executive Session at 3:15 o'clOCk p. m.
Chrn. O'Shields reconvened the meeting to Public Session at 3:30 o'clock p. m.
APPOINTMENTS TO LIBRARY ADVISORY BOARD
'Upon !1Ption by Carom. Alp!"r, seconded by Comm. ,Gottovr; ,the following persons were
un~nimously"appointed 'to the 'Library Advisory ,Board:
Mr. Franklyn T. Parkinson
Mr. Lee Shel ton
Mrs. Mary Lou (Beal) Cotton
ADJOURNMENT
Cornrn. Alper moved, seconded by Cornrn. 'Williams, that the meeting be adjourned. Upon
vote, the moti~n carried unanimoUSly.
Chrn. O'Shields adjourned the meeting at 3:33 o'clock p. m.
Respectfully submitted,
a€,~.c.", - A .Ifi;., .....-....-'
Alyce B. Brown
Clerk to the Board
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