1977-12-05 Regular Meeting
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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,
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Alyce B. Rusmisell
Clerk to the Board
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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: