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1977-12-05 Regular Meeting ,.-.-,., o o o 139 MINUTES OF REGULAR MEETING, NOVEMBER 21, 1977 EXECUTIVE SESSION Comm. Williams moved, seconded by Comm. Gottovi, that the meeting be recessed to Executive Session for attorney/client matters, land acquisition discussions and com- mittee appointments. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Al.per Chrn. O'Shields recessed the meeting to Executive Session at 1:00 o'clock p. m. Chrn. O'Shields reconvened the meeting to Public Session at 1:16 o'clock R. m. APPOINTMENT TO PLUMBING BOARD OF EXAMINERS Comm. Wright moved, seconded by Comm. williams, to the Plumbing Board of Examiners for a 3-yr. ,term. follows: that Mr. H. G. Herring be reappointed Upon vote, the motion carried as Voting Aye: Comm. Gottovi, Williams, Wright and Chm. o 'Shields _ Absent: Comm. Alper ADJOURNMENT Comm. Williams moved, seconded by Comm. Wright, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper Chrn. O'Shields adjourned the meeting at 1:18 o'clock,p. m. Respectfully submitted, ~/1.~~ Alyce B. Rusmisell Clerk to the Board abr MINUTES OF REGULAR MEETING, DECEMBER 5, 1977 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 5, 1977, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration 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. Rusmisell. No members were absent. Chrn. O'Shields called the meeting to order. Comm. ;Vivian S. Wright offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, NOVEMBER 21, 1977 Comm. Wright moved, that the Minutes of the Regular Meeting of November 21, 1977, be approved as presented. County Manager Eller explained that on Page 137 under "Budget Amendments - Health Department - Family Planning", the amendment that was subrni tted to the commissioners, had the debits and credits reversed and they had been corrected in the minutes. Comm. Williams, seconded Comm. Wright's motion, and upon vote, the motion carried unanimously. 140 /,,/0 MINUTES OF REGULAR MEETING, DECEMBER 5, 1977 (CONTINUED) RE-ELECTION OF CLAUD 0' SHIELDS, JR. AS CHAI RMAN Comm. Alper moved that Claud O'Shields, Jr. remain as Chairman for the'coming year. Comm. Alper moved that nominations be closed, and Chm. O'Shields was re-elected by the following vote: Voting Aye: Comm. Alper, Gottovi and Chm. O'Shields Voting Noe: Comm. williams and Wright o RE-ELECTION OF GEORGE E. ALPER AS VICE-CHAIRMAN Comm. Wright moved that Comm. Williams be Vice-Chairman for the coming year. Comm. Gottovi noIDinated Comm. Alper for Vice-Chairman The following votes were cast for Comm. Williams as Vice-Chairman: Connn. Williams and Wright The following votes were ,cast for Corom. Alper as Vice-Chairman: Comm. Alper, Gottovi and Chrn. O'Shields. PRESENTATION OF MODEL OF WEATHER SERVICE BUILDING Mr. Herb McKim, of Ballard, McKim & Sawyer, Architects, presented a model of the proposed building for the U. S. Weather Service at the New Hanover County Airport and explained the plan to the Board. Cornrn. Williams moved, seconded by Comm. Gottovi, vision that the roof be totally enclosed if possible. unanimously. to approve the plan with the pro- Upon vote, the motion carried TABLING OF ENDORSEMENT OF RESOLUTION - RIGHT TO VOTE ASSOCIATION Mr. Curtis Hodge read a resolution adopted by the Right to Vote Association which supported legislation in the General Assembly exempting New Hanover County from the pro- visions of the General Statutes allowing cities to annex without a vote of the people 0 within the area proposed for annexation. Mr. Hodge gave some of the background of the association and its purposes and requested the Commissioners to endorse the resolution. Mr. George Croom spoke in support of the resolution. Comm. Williams moved, seconded by Comm. Wright, to approve the resolution. The Commissioners offered their comments on the matter. Mrs. Grace Rochelle commented. Comm. Williams moved, seconded by Comm. Wright, to approve the part of the resolution which stated as follows: "NOW THEREFORE BE IT RESOLVED by the Right to Vote Association of New Hanover County that the General Assembly of North Carolina is hereby urgently requested to exempt New Hanover County from the provisions of the General Statutes of North Carolina which allow cities to annex without a vote of the people (G. S, 160A-45 through 160A-56)." Planning Director Richard Fender offered comments. Chm. O'Shields suggested that the matter be tabled until the second meeting in December to allow the Board to get the information necessary in regard to the General Statutes involved. Cornrn. Alper moved, seconded by Chm. O'Shields, to table until the second meeting in December. Upon vote, the motion carried unanimously. o WITHDRAWAL OF REQUEST FOR "NO WAKE" ZONE Chrn. O'Shields announced that the request for a "no wake" zone in the vicinity of Masonboro Boat Yard and Marina had been withdrawn. o o o 141 MINUTES OF REGULAR MEETING, DECEMBER 5, 1977 (CONTINUED) PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of Com- missioners of New Hanover County on Monday, December 5, 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 ON THE SOUTH SIDE OF MARKET STREET EXTENSION APPROXIMATELY .75 MILES NORTH OF THE INTERSECTION WITH EASTWOOD ROAD FROM R-15 (RESIDENTIAL DISTRICT) TO I-I (INDUSTRIAL DISTRICT). Planning Director Richard Fender reported that the Planning Commission had con- sidered this request at the meeting in November ,and both the Planning Commission and Planning Staff had recornmended'approval. Chm. O'Shields asked if there was anyone present to speak in favor of or in opposi- tion to this request and no one appeared in this regard. Comm. Alper moved, seconded by Comm. Wright, approval of the rezoning and the adoption of "An Ordinance of the County of New Hanover Amending the Zoning Map of ZOning Area #6 of New Hanover County, North Carolina, Adopted August 18, 1971". Upon vote, the ~otion carried unanimously. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 6, Page 15. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON PINER ROAD APPROXIMATELY .5 MILES EAST OF THE CAROLINA BEACH ROAD FOR A PRIVATE STABLE IN AN R-15 (RESIDENTIAL DISTRICT). Planning Director Richard Fender reported that the Planning Commission had considered this application at its meeting in November and both.the Planning Commission and Planning Staff recommended approval. ..~ '.. Chm. O'Shields asked if there was anyone present to spe~k in favor of this applica- tion and Mrs. William Facello appeared to answer any questions from the Commissioners. 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 in harmony with the area i~ w,ich it was to be located and in general conformity with the plan of development for, New Hanover County, Comm. Alper moved, seconded by Comm. Williams, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Com- rnis~ion. Upon vote, the motio~ carried unanimously. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERTY LOCATED ON THE SOUTH SIDE OF MARKET STREET EXTENSION APPROXI- MATELY 2,000 FEET NORTH OF MIDDLE SOUND LOOP ROAD FROM R-15 (RESIDENTIAL DISTRICT) TO B-2 (BUSINESS DISTRICT). Planning Director Richard Fender reported that the Planning Commission had con- sidered this request at the meeting in November and both the Planning Commission and Planning Staff'had recommended denial. Mr. Fender explained the reasons for the recom- mendation of denial. Chm. 0 r Shields asked if there was anyone present to speak in favor of this rezoning and Mr. L. W. Humphrey, Sr., the petitioner, appeared to request approval._ NO one appeared in opposition. Comm. Gottovi moved to deny the request at this time but since there had been many requests for rezoning in this area that the Planning Department be asked to look at this whole area in toto. The motion died for lack of a second. Comm. Gottovi moved, seconded by Cornrn. Alper, to deny the request but ask the Planning Department to look at the area as a whole 'and recommend some sort of plan for it so requests do not keep coming for different little sections of land in the area. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Alper, Gottovi, Williams and Chrn. O'Shields Comm. Wright 142 /I~ MINUTES OF REGULAR MEETING, DECEMBER 5, 1977 (CONTINUED) FINAL PLAT APPROVAL - GRAINGER POINT SUBDIVISION, SECTION^l Mr. Harry Oakes of the Planning Department reported that this plat received a final approval by the Wilmington-New Hanover Planning Commission, Subdivision Review Committee at the meeting on November 28, 1977. Comm. Wright moved, seconded by Comm. Williams, approval of the Final Plat of' Gtainger Point Subdivision, Section 1. Mr. Harry Stovall III, ,the developer, appeared to answer questions and request approval. Upon vote, the motion carried unanimously. o FINAL PLAT APPROVAL - ARROWHEAD SUBDIVISION, SECTIONS 7 AND 8 Mr. Harry Oakes of the Planning Department reported that these plats had received conditional final approval by the Subdivision Review Committee at the meeting on October 24, 1977, and that the conditions of approval had been met. Comm. Williams moved, 'seconded by Chm. O'Shields, approval of the final plat of Arrowhead Subdivision, Sections 7 and 8. Upon vote, the motion carried as follows,: Voting Aye: Comm. Alper, Williams, Wright and Chm. O'Shields Voting Noe: Comm. Gottovi BREAK Chm. O'Shields recessed the meeting for a break from 10:36 o'clock a. m. until 10:49 o'clock a. m. AWARD OF BID FOR AIRPORT SEWER PROJECT The Commissioners had been furnished a tabulation of bids received for construction of sewer facilities at the Airport. A copy of the bid tabulation is contained in Exhibit 'Book V, Page 52. o Mr. Fred Hobbs of John Talbert & Associates, the consulting engineers, Mr. John A.. Westbrook, Airport Manager, and Mr. Robert williams, County Engineer, appeared before the Board to answer questions. County Manager Eller explained the problems encountered with the project and the Commissioners were asked to approve a request fo~ extension of time and an increase in the amount of the grant'.' Comm. Williams moved to ask for a 21-day extension and for an $80,000 increase in the grant. County Attorney Fox commented on the bids and stated that he felt the low bid should be accepted and the scope of the contract negotiated downward to come within the amount of funds allocated for the project. Comm. Gottovi seconded Comm. Williams' motion and upon vote, the motion carried unanimously. (Discussion on award of bid continued later in the meeting.) BUDGET AMENDMENT - HOSPITAL EXPANSION PROJECT Comm. Wright moved, seconded by Comm. Williams, approval of amendment in the hospital expansion project to provide funds for had been approved: the following budget change orders that Debit Credit - Acct. - Acct. - Acct. #78 #78 #78 575 76, 575 73, 575 72, Contingencies Electrical Contract Heating & Air Conditioning $ 4,000 1,492 2,508 o Upon vote, the motion carried unanimously. SPONSORSHIP OF BLOODMOBILE VISIT Comm. Alper moved, seconded by Comm. Gottovi, to endorse joining with the City of Wilmington in sponsoring the Bloodmobile visit on Thursday, December 15, at Grace United Methodist Church and encourage County employees to donate blood on that date. Upon vote, the motion carried unanimously. o o o 143 MINUTES OF REGULAR MEETING, DECEMBER 5, 1977 (CONTINUED) CONTRACT FOR LAW ENFORCEMENT CENTER FURNISHINGS Cornrn. Gottovi moved, seconded by Cornrn. Wright, approval of transferring the sum of $2,274.98 from Contingencies, Acct. #77 575 80, to Furniture & Landscaping, Acct. #77 575 79, in the Law Enforcement Center Capital Project Fund to pay for furnishings for the Magistrate's Office which were not included in the original bids and to authorize the Chairman to execute a contract containing this change. Upon vote, the motion carried unanimously. UNEMPLOYMENT INSURANCE FOR CAPE FEAR TECH Comm. Wright moved, seconded by Comm. Williams, to approve using $1,938 from the unappropriated fund balance in the Cape Fear Tech budget for unemployment claims filed with the Employment Security Commission by former custodians. Upon vote, the motion carried unanimously. LIBRARY BUILDING COMMITTEE Chm. O'Shields moved that Cornrn. .Gottovi serve as the Commission representative on the Library Building Committee. The motion died for lack ofa second. Chm. O'Shields moved that ,the Library Advisory Board appoint 3 members to the Library Building Committee, that Comm. Gottovi be the Commission appointee and that the Friends of the Library appoint their representative. Comm. Alper stated that he would also like to work on the Committee and Chrn. O'Shields amended'his motion to include Comm. Alper along with Comm. Gottovi as the Commission representatives. The motion was seconded by Comm. Alper, and upon vote carried unanimously. AWARD OF BID FOR AIRPORT SEWER PROJECT (CONTINUED) Comm. Alper moved, seconded by Comm. Williams, to award the contract for the Air- port Sewer Project to the low bidder, Crowell Constructors, in the amount of $170,951.40. Upon vote, the motion carried unanimously. BUDGET TRANSFERS - AIRPORT RUNWAY STRENGTHENING PROJECT Mr. John Westbrook, Airport Manager, explained that when the scope of the work to be performed under the Airport Runway Strengthening Project was expanded to include , strengthening taxiways and apron areas, the contract did not oover all the paving required' ~d also that the expanded scope required additional engineeri~g, construction testing and lighting. ' Comm. Williams moved, seconded by Comm. Alper, approval of the following budget transfers to cover the additional costs as requested by the Airport Manager and County Manager: From To Acct. #79 575 76, Contingencies Acct. #79 575 '04, Prof. Serve $ 4,200 Acct. #79 575 76, Contingencies Acct. #79 575 71, Const. Test. 11,000 Acct. #79 575 76, Contingencies Acct. #79 575 72, Paving 27,000 Acct. #79 575 76, contingencies Acct. #79 575 73, Lighting 2,000 $44,200 Upon vote, the motion carried unanimously. BUDGET TRANSFER - BUILDINGS & GROUNDS Comm. Alper moved,' seconded by Cornrn. Williams, approval of ,the transfer or $450 from Acct. #11 535 02, Salaries & Wages, to Acct. #11 535 74, Capital Outlay, in the Buildings and Grounds Budget to replace a vacuum cleaner and a lawn mower. Upon vote, the motion carried unanimously. APPROVAL OF FEE SCHEDULE FOR HEATING & AIR CONDITIONING PERMITS County Engineer Bob Williams and Thad Carmichael, the Chief Building Inspector, appeared before the Board to answer questions on the fee schedule. Chm. O'Shields moved, seconded by Cornrn. Gottovi, to adopt the Permit Fee Schedule for Heating & Air Conditioning. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chrn. O'Shields Voting Noe: Comm. Williams A copy of the Permit Fee Schedule is contained in Exhibit Book V, Page 53. P/~ 144 MINUTES OF REGULAR MEETING, DECEMBER 5, 1977 (CONTINUED) RESOLUTION DESIGNATING NEW HANOVER COUNTY AS REDEVELOPMENT AREA County Manager'Eller explained that the commissioners had requested the Economic Development Administration to designate New ,Hanover County as a Redevelopment Area which designation would increase Federal Government participation in any EDA grants coming to the County. The Commissioners had been furnished a copy of a resolution which EDA had indicated would be required in order to receive this designation. Chm. O'Shields moved, seconded by Comm. Alper, to adopt the resolution as requested. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi and Chm. 0' Shields o Voting Noe: Cornrn. Williams and Wright A copy of the Resolution as adopted and signed is contained in Exhibit Book V, Page 54. CHANGE OF DATE FOR FIRST MEETING IN JANUARY Comm. Wright moved, seconded by Comm. Williams, that the first meeting in ,January be changedc to Tuesday, January 3, 1978, as Monday would be a County holiday. ,Upon vote, the motion carried unanimously REQUEST TO CHANGE SECOND MEETING IN JANUARY Conirn. Alper requested the second meeting in January be changed to the 4th Monday as he had a conflict on the 3rd Monday. No action was taken on this request. DISCUSSION ON PERSONNEL SITUATION AT DEPARTMENT OF SOCIAL SERVICES Cornrn. Williams requested that the Board encourage the Board of Social Services to meet, to evaluate their position and to take action accordingly. Cornrn. Gottovi reported that the Social Services Board would be meeting on Wednesday morning at 9:00 a. m. and the Commissioners were welcome to attend the meeting. o Chrn. O'Shields requested the Board to consider asking for legislation to have all appointees to the Social Services Board made by the County or either have the State take over the whole operation. DISCUSSION ON CONTRACTS FOR INCARCERATION OF MALE MISDEMEANANTS County Manager Eller reported that he had received a new contract from the State Department of Administration for incarceration of male misdemeanants, and that basically the only change was an increase in the amount of reimbursement from $8.00 a day to $10.00 a day. He also reported that the questions on liability had not been clarified. Cornrn. Williams moved, .',seconded by Comm. Wright, not to approve the contract. Upon vote, the motion carried unaniIoously. BUDGET AMENDMENT - HEALTH DEPARTMENT Comm. Gottovi moved, seconded by Comm. Alper, approval of the transfer of $5,909 from Unappropriated Fund Balance, Acct. #44 398 00, to Insurance and Bonds, Acct. #44 590 54, to pay the increased premium for liability insurance for the Health Department. Upon vote, the motion carried unanimously. INCREASE IN 201 FACILITIES GRANT AND BUDGET AMENDMENT County Manager Eller reported that the grant increase requested for the 201 for the Sewer System Evaluation Survey at Wrightsville Beach had been approved. stated that the budget would have to be amended as follows: Facilities He also 1. Increase Rev. Acct. #64 335 00, Assessments Other Govts. (This is the amount to be paid by Wrightsville Beach to the to cover the local share of the additional work.) $ 1,874. County o 2. Increase Revenue Acct. #64 349 60, Federal Grants - 201 Greater Wilmington $11,242. 3. Increase Revenue Acct. #64 350 60, State Grants - 201 Great~r Wilmington $ 1,874. 4. Increase Expenditure Acct., Professional Services, Acct. #64 575 04 $14 , 990 . Cornrn. Gottovi moved, seconded by Comm. Williams, to approve the amendment as out- lined by the County Manager and accept the grant amendment. Upon vote, the motion carried unanimously. o o o 145 MINUTES OF REGULAR MEETING, DECEMBER 5, 1977 (CONTINUED) , DISCUSSION ON GRANT FOR BIKEWAYS Planning Director Richard Fender reported on ,the findings of the Planning Department on the availability of grant funds for use in establishing bikeways along abandoned railroads. He recommended that application not be ,made at this time in view of the small chance that the County would get any of the funds. INTRODUCTION OF SENIOR PLANNER Planning Director Richard Fender introduced to the Board Mr. Charles Lilly who was recentl,y employed in the Planning Department as a Senior Planner. EXECUTIVE SESSION Comm. Williams moved, seconded by Cornm. Wright, that the meeting be recessed to Executive Session for committee appointments and to discuss personnel matters. Chrn. O'Shields recessed the meeting to Executive Session at 1~:05 o'clock p. m. , Chm. O'Shields reconvened the meeting to Public Session at 12:27 o'clock p. m. APPOINTMENT OF DR. EAKINS TO BOARD OF HEALTH Comm. Williams moved, seconded by Connn. Wright, that Dr. J. William Eakins be appointed to the Board of Health for a three-year term. Upon vote, the motion carried unanimously a APPOINTMENT OF JOANNE PARKER TO CONSOLIDATION STUDY COMMITTEE Comm. Gottovi moved, seconded by Comm. Williams, that Joanne S. Parker be ap- pointed to fill the vacancy on the Committee to Study the Feasibility of Consolidation of County Governments. Upon vote, the motion carried unanimously. DISCUSSION ON RECREATION DIRECTOR Chm. O'Shields moved, seconded by Cornm. Alper, that C~unty Manager Eller be given the latitude he felt necessary, up to $1,000, in negotiating for a recreation director. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: Comm. Wright APPOINTMENT OF JIM GILLESPIE TO TITLE XX COMMITTEE Corom. Gottovi nominated Jim Gillespie for appointment to the Title XX Area Advisory Committee. Upon vote, the nomination, was nnanimous. ADJOURNMENT Comm. Gottovi moved, seconded by Comm. Wright, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned the meeting at 12:33 o'clock p. m. Respectfully submitted, ~4,/?~ Alyce B. Rusmisell Clerk to the Board abr MINUTES OF SPECIAL MEETING, DECEMBER 12, 1977 ASSEMBLY The New Hanover County Board of COmmissioners met in Special Session on Monday, December 12, 1977, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners George E. Alper, Karen E. Gottovi; Ellen C. williams; Chairman Claud O'Shields, Jr.; County Manager Dan W. Eller and Clerk to the Board, Alyce B. Rusmisell. Comm. Vivian S. Wright and County Attorney James C. Fox were absent. Chm. O'.shields called the meeting to order and stated the Special Meeting had been called for the following purposes: