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1978-01-03 Regular Meeting 152 / .s- ..{ MINUTES OF REGULAR MEETING, DECEMBER 19,' 1977 (CONTINUED) CAREER GUIDANCE INSTITUTE (CONTINUED) Comm. Wright moved to 'postpone this matter to get more information. The motion died for lack of a second. Comm. Wright moved; seconded by Comm. Williams, to table this matter until the first meeting in January. County Manager Eller agreed to check further into the matter. EXECUTIVE SESSION Comm. Gottovi moved, seconded by Comm. Williams, to recess Session to discuss land acquisition and committee appointments. carried unanimously. the meeting to Executive Upon vote, the motion o Chm. O'Shields recessed the meeting.to Executive Session at 12:16 o'clock p. m. COMM. WRIGHT LEFT THE MEETING AT 12:29 O'CLOCK P. M. AND WAS ABSENT FOR THE REST OF THE MEETING. Chm. O'Shields reconvened the meeting to Public Session at 12:31 o'clock p. m. APPOINTMENT TO MENTAL HEALTH AREA BOARD Chm. O'Shields moved, seconded by Comm. Alper, that he be allowed to reappoint Mrs. Ethel Booth to the Southeastern Mental Health Area Board of Directors. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. wright ADJOURNMENT Comm. Alper vote, the motion moved, seconded by Comm. Williams, that the meeting be adjourned. carried as follows: Upon Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields o Absent: Comm. Wright Chm. O'Shields adjourned the meeting at 12:32 o'clock p. m. Respectfully submitted, ~,d . #-t<...,H ~ tLL- Alyce B. Rusmisell Clerk to the Board abr MINUTES OF REGULAR MEETING, JANUARY 3, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Regular.Session on Tuesday, January 3, 1978, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. (The meeting was held on Tuesday since Monday, January 2, 1978, was a County holiday.) Members present were COmmissioners George E. Alper; Karen E. Gottovi; Ellen C. 0 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. Chm. O'Shields called the meeting to order. Rev. Glen A. McClung of McClure Memorial Presbyterian Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 19, 1977 Comm. Williams moved, seconded by Comm. Wright, that the Minutes of the Regular Meeting of December 19, 1977, be approved as presented. Upon vote, the motion carried unanimously. o o o 153 MINUTES OF REGULAR MEETING, JANUARY 3, 1978 (CONTINUED) APPROVAL OF LEAA GRANT APPLICATION FOR ALTERNATIVE SCHOOL PROGRAM Dr. HeyWard Bellamy, Superintendent of Schools; Mrs. Ethel Booth, Guidance Counselor; Mr. Jerry Ramsey of the Council of Governments; and Judge Gilbert H. Burnett appeared before the Board to request approval of an LEAA Grant application to fund an alternative school program for suspended students. The matching funds were already in the school budget and would not require any additional County funds. Comm. Gottovi moved, seconded by Comm. Alper, to adopt the Resolution authorizing this grant application upon approval by the Board of Education. Upon .vote, the motion carried unanimously. A copy of the Resolution is contained in Exhibit Book V, Page 59. BREAK Chm. O'Shields recessed the meeting for a break from 9:40 o'clock a. m. until 9:50 o'clock a. m. APPROVAL OF LAW ENFORCEMENT CENTER CHANGE ORDERS The Commissioners had been furnished a recap of the requested change orders for the Law Enforcement Center. Mr. Herb McKim of Ballard, McKim & Sawyer, Architects, appeared before the Board and explained the change orders. Comm. Wright moved, seconded by Comm. William~ to. take.out the $2,000 for land- scaping; reduce the change order for reinforcing studs, J. M. Thompson, from $2,530 to $1,680; and approve the transfer of $26,332.51 from Contingencies, Acct. #77 575 80, to the following accounts: Acct. #77 575 70, General Contract Acct. #77 575 79, Landscape & Furnishings Acct. #77 575 73, Heating & Air Conditioning Acct. #77 575 72, Electrical Contract $ 8,898.54 12,145.07 2,475.00 2,813.90 $26,332.51 Upon vote, the mot~on carried unanimously. Copies of the change orders are on file in the County Manager's Office. PUBLIC HEARING Notice. had been given that a public hearing would be held by the Board of Com- missioners'of New Hanover County on Tuesday, January 3, 1978, 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 AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE EAST SIDE OF U. S. HWY. 421 NORTH APPROXIMATELY .5 MILES NORTH OF SUTTON STEAM PLANT ROAD FOR A MOBILE HOME IN AN I-2 DISTRICT. Planning Director Richard Fender reported that the'Planning Commission had con- sidered this application at its meeting in December and both the Planning Commission and PlanningStaff recommended approval with the following stipulations: 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 regulations and requirements imposed by the Zoning Ordinance and any other applicable Federal, State or local ordinances. Chm. O'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, (al 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 adjdining 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. Alper, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion carried unanimoUSly. 154 MINUTES OF REGULAR MEETING, JANUARY 3, 1978 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR .SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE SOUTH SIDE OF HOOKER ROAD APPROXIMATELY .25 MILES WEST OF WRIGHTSVILLE AVENUE FOR A DUPLEX IN AN R-15 DISTRICT. Planning Director Richard Fender reported that the Planning Commission had considered this application at ~ts meeting in December and both the Planning Commission and Planning Staff recommended approval with the following stipulations: 1. Plan as submitted and approved with the application for Special Use Permit, ~ 0 2. That this Special Use Permit shall comply with all other supplemental regula- tions and requirements imposed by the Zoning Ordinance and any other applicable Federal, State or local ordinances. Chm. O'Shields asked if there was anyone present to speak in favor of or in opposi- tion to this application. Mr. Mark Hooker, the petitioner, appeared before the Board to request approval 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 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. 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 a PUBLIC HEARING TO CONSIDER AN APPLICATION FOR MODIFICATION OF SPECIAL USE PERMIT PRE- VIOUSLY ISSUED TO USE PROPERTY LOCATED ON THE WEST SIDE OF FOREST PARK ROAD'700 FEET SOUTH OF OLEANDER DRIVE FOR STORAGE AND DISTRIBUTION FACILITY IN A B-2 DISTRICT. Planning Director Richard Fender reported that the Planning Commission had con- sidered this application at its meeting on December 7, and both.the Planning Commission and Planning Staff recommended approval with the following stipulations: o 1. Plans as submitted and approved with the application for Special Use Permit, 2. That storage of all goods be within an enclosed building, 3. That drainage plans of the off-street parking area be approved by the County Engineer or State Highway Commission, 4. That curbing be installed along right-of-way of Forest Park Road to control ingress, egress and drainage; 5. That a side yard of 10 feet be provided on the south side of the property as required by the Zoning Ordinance; 6. That a buffer be provided on the south side of the property as required by. the Zoning Ordinance prior to the construction of the proposed addition; 7. That this Special Use Permit shall comply with all other supplemental regu- lations and requirements imposed by the Zoning Ordinance and any other appli- cable Federal, S~ate or local ordinances; and 8. That this Special Use Permit, along with the revised plans submitted and ap- proved for the site, shall supersede the conditions and plans approved in conjunction with Special Use Permit.#43 issued on January 2, 1973, by the Board of Commissioners for this same location a Chm. O'Shields asked if there was anyone present to speak in favor of this request and Mra Bob Dawson of H. E. Carter Construction Company, Whiteville, Na Ca, representing Lance, InCa appeared before.the Board to request approval of the request and no one ap- peared in oppositiona o 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, (bl 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 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. Williams, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion carried unanimously a o o o 155 MINUTES OF REGULAR MEETING, JMWARY 3', 1978 (CONTINUED, PUBLIC HEARING TO,'CONSIDER AN APPEAL FROM THE FAILURE OF, THE, PLANNING COMMISSION TO APPROVE REZONING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WRIGHTSVILLE AVENUE AND ALLEN'S LANE FROM R-15 (RESIDENTIAL DISTRICT) TO B-2 (BUSINESS DISTRICT). Planning Director Richard Fender reported that this request was considered at the meeting of the Planning Commission in December and the motion for denial resulted in a tie vote which constituted no action by the Planning Commission. The Planning Staff 'had recommended denial, and Mr. Fender stated ,the reasons for the staff's recom- mendation of denial. Mr. D. C. North, the petitioner, appeared before the Board to request approval of the rezoning. Comm. Wright moved, seconded by Comm. Williams, approval of the rezoning and adoption of the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #2 of New Hanover County, North Carolina, adopted December 15, 1969". Chm. O'Shields asked if there was anyone present to speak in opposition and no one appeared in opposition to this request, Upon vote, the motion carried as follows: Voting Aye: ,Comm. Williams, Wright and Chm. ,O'Shields Voting Noe: Comm. Alper and Gottovi. A copy of the Ordinance as adopted and stgned is contained in Zoning Ordinance Book I, Section 2, Page 12. BREAK Chm. O'Shields recessed the meeting,"for a break from 10:35 o!clocka.' m. 'until 10:50 o'clock a. m. REQUEST TO RESCIND 'ACTION REZONING PROPERTY ON WRIGHTSVILLE AVENUE APPROXIMATELY .4 MILES EAST OF THE INTERSECTION OF U. S. HWY. 76 AND OLEANDER DRIVE FROM R-15 TO B-2. Comm. Gottovi requested that' the Board reconsider the action taken a couple of months ago rezoning property on Wrightsville Avenue from R-15, to B-2 with the idea that it would be used for a certain purpose. She stated that since it was not used for that purpose, the Planning Commission be asked to rezone the property R-15 again. The other members of the Board offered their opinions on the matter. No action was taken. DISCUSSION OF WATER RESOURCES FRAMEWORK STUDY At the request of Comm. Williams, representatives of the Port" Waterway and Beach Commission and the Corps of Engineers were present to discuss their priority evaluations for the Water Resources Framework Study. Mr. J. van B. Metts and Mr. H. V. Reid, of the Port, Waterway & Beach Commission and Col. Adolph Hight, District Engineer for the Corps: of Engineers, were present to discuss these priorities and presented the Commissioners with copies of a letter out- lining their positions and the priority evaluation submitted by the Port, Waterway and Beach Conmission. Comm. Alper moved, seconded by Comm. Williams, that the Commission endorse the recommendations of the Port, Waterway and' Beach Commission in their letter of October 14, 1977, and not include the evaluation listing. Upon vote, the motion carried unanimoUSly. Comm. Wright voted "aye" but stated that she had a strong objection to the erosion control and hurricane protection project on Shell Island as she felt the people should have known better than to build in an unPFotected area. A copy of the letter of recommendations is contained in Exhibit Book V, Page 60. 156 MINUTES OF REGULAR MEETING, JANUARY 3, 1978 (CONTINUED) APPROVAL OF SUPPLEMENTAL GRANT AGREEMENTS - RUNWAY STRENGTHENING PROJECT Comm. Alper moved, seconded by Comm. Wright, approval of the supplements to the FAA grant agreements in the runway strengthening project reducing the paving contract from $1,036,835 to $1,035,740.50 and increasing the electrical contract from $40,609.50 to $41,189.50, the transfer of $3,399 from the paving contract, Acct. #79 575 72. to the lighting contract, Acct. #79 575 73, and authorize the Chairman to execute the Agreements. Upon vote, the motion carried unanimously. APPROVAL OF SALE OF CITY AND COUNTY OWNED PROPERTY Comm. Williams moved, seconded by Comm. Gottovi, approval of the sale of property 0 contained in the list furnished to the Commissioners in accordance with the policy on disposal of City and County owned real estate. Upon vote, the motion carried unanimously. A copy of the list is contained in Exhibit Book V, Page 61. APPROVAL OF CONTRACT FOR LEGAL SERVICES - IV-D PROGRAM Comm. Alper moved, seconded by Comm. Wright, approval of the contract with Attorney, Robert A. O'Quinn, for legal services in connection with the Child Support Program (Title IV-D). Upon vote, the motion carried unanimously. A copy of the contract is on file in the County Manager's Office. BUDGET AMENDMENT - FINANCE DEPARTMENT Comm. Williams moved, seconded by Comm. Wright, approval of the transfer of $350 from Revenue Sharing, Acct. #56 575 91, to Travel, Meetings & Schools, Acct. #44 440 14, to permit Mr. Cooper to attend a meeting in Atlanta on the 1978 Revenue Sharing regulations. Upon vote, the motion carried unanimously. BUDGET AMENDMENT - HOSPITAL EXPANSION Comm. Wright moved, seconded by Comm. Williams, approval of the following budget transfer in the Hospital Expansion Program to pay the hospital for interest received on their $100,000 Certificate of Deposit: Debit - Acct. #78' 329 00, Interest Credit - Acct. #78 575 91, Payment to Hospital $ 1,123.50 $ 1,123.50 o Upon vote, the motion carried unanimously. BUDGET TRANSFER - RECREATION Chm. O'Shields moved, seconded by Comm. Gottovi, approval of the transfer of $1,000 from Salaries & Wages, Acct. #11 620 02, to Miscellaneous Expense, Acct. #11 620 57, in the Recreation Budget. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Go tto vi , Williams and Chm. O'Shields Voting Noe: Comm. Wright BUDGET TRANSFER - GOVERNING BODY Chm. O'Shields moved, seconded by Comm. Williams, approval of the transfer of $917 from Contingencies, Acct. #11 445 61, to Equipment, Acct. #11 410 74, to pay for the installation of a public address system in the Commissioners' Assembly Room. Upon vote, the motion carried unanimously. BUDGET AMENDMENTS .:. REPLACEMENT OF STOLEN EQUIPMENT Comm. Alper moved, seconded by Comm. Williams, approval of the following budget amendments to replace equipment stolen when County offices were burglarized during the Christmas Holidays: 1. Appropriate $1,502.20 to Miscellaneous Revenue, Acct. #11 335 00. 0 2. Appropriate $445.90 to Equipment in the Governing Body Budget, Acct. #11 410 74. 3. Appropriate $586.30 to Equipment in the Administration budget, Acct. #11 420 74. 4. Appropriate $470 to equipment in the Finance Department budget, Acct. #11 440 74. Upon vote, the motion carried unanimously. AIRPORT MANAGER TO RETIRE County Manager Eller formally advised the Board that Mr. John A. Westbrook, Airport Manager, had tendered his resignation effective January 23, 1978, ~fter ~O years of service. Comm. Wright moved, seconded by Comm. Williams, that Mr. Westbrook be presented an engraved County Medallion. Upon vote, the motion carried unanimously. 157 MINUTES OF REGULAR MEETING, JANUARY 3, 1978 (CONTINUED) DATE FOR AIRPORT TOUR By common consent the Board 1978, at 9:00 o'clock a. m. agreed to go on a tour 0 f the Airport on January 19, 'I RANGE CHANGES - HEALTH DEPARTMENT AND LIBRARY Comm. Wright moved, seconded by Comm. Williams, approval of the following range changes to compensate for the increase in the Federal Minimum Wage to $2.65 per hour: Class 0 Class Code FROM: RANGE HOURLY RATE TO: RANGE HOURLY RATE Health Aide 174 48 $ 2.45 50 $ 2.66 Library Aide 397 48 $ 2.45 50 $ 2.66 upon vote, the motion carried unanimously. o o ADVERrISEMENTS FOR COMMITTEE VACANCIES Comm. Alper commented that he, was pleased with the response to advertisements of Committee Vacancies and felt that it was a good idea~ DISCUSSION ON JAIL CONTRACTS FOR MALE MISDEMEANANTS Chm. O'Shields reported on negotiations between the NCACC Board of Directors and the Department of Corrections r~lating to the Contracts between the STate and the Counties for housing male misdemeanants in the County jails. The other Commissioners and the County Manager offered their comments on the ma tter . It was the concensus of the majority of the Board not to enter into the Contract' at this time. APPROVAL OF USING SECONDARY ROAD FUNDS FOR PAVING ROADS IN DIXON ACRES . County Manager Eller reported that the Division of Highways had qualified two short sections of roads in Dixon Acres for paving and requested that the Board concur in using $4,000 of the County's secondary road allocation for' this purpose. Comm. Alper moved, seconded by Comm. Gottovi, to concur in using $4,000 of the secondary road allocation for paving portions of Lexington Avenue and Wesley Avenue in Dixon Acres~ Upon vote, the motion carried unanimously a EXTENSION OF CONTRACT WITH ENGINEERS FOR NORTHEAST INTERCEPTOR County Manager Eller reported that Henry von Oesen & Associates had requested at 30-day extension on the contract for design of the Northeast Interceptor because of a delay in the soil borings caused by denial of access to a parcel of property owned by someone from out of town. Comm. Alper moved, seconded by Comm. Williams, approval of a, 30-day extension of the Contract for design of the Northeast Interceptor as recommended by the County Manager. Upon vote, the motion carried unanimously. EXECUTIVE SESSION Comm. Williams moved, seconded by Comm. Alper, that the meeting Executive Session to discuss land acquisition and personnel matters. motion carried unanimously. be recessed to Upon vote, the Chm. Q'Shields recessed the meeting to Executive Session at 12:14 o'clock p. m. Chm. O'Shields reconvened the meeting to Public Session at 12:44 o'clock p. m. APPROVAL OF OPTION TO PURCHASE PROPERTY AT 310 CHESTNUT STREET Comm. Wright moved, seconded by Comm. Alper, approval of the expenditure of $1,500 to be transferred from Contingencies, Acct. #11 445 61, to capital Outlay - Land, Acct. #11 660 71, and the execution of the option relating to the purchase of property at 310 Chestnut Street. Upon vote, the nntion carried unanimously. ADJOURNMENT Cornm. Alper moved, seconded by Chm. O'Shields, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned the meeting at 12:45 o'clock p. m. abr Respectfully submitted, +-4.!'f-h::J >"L:..('LL~ Alyce B. Rusmisell ' Clerk to the Board