1978-01-03 Regular Meeting
152
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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
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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.
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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