1982-02-01 Regular Meeting
991
MINUTES OF REGULAR MEETING, JANUARY 18, 1982 (CONTINUED)
ADDITIONAL ITEMS
BOY SCOUT PROCLAMATION
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these leaders have been selected because of their interest
in youth by community organizati~~~:that'are chartered to
use the Scouting program; and
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WHEREAS,
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WHEREAS, their service to youth represents a great contribution to
our community; Therefore be it
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RESOLVED, that ,the New Hanover County'Board '~f:C~~i~si~ner~, ~sk
our citizens to extend their appreciation to these dedicated
men and women during Scouting Anniversary Week, February 4,
'th,r"tig1114, 198_2. ___~____.. . . , -- .
:)' .
REPLY' TO.FUNDERBURG LETTER ' , " "
Comm. O'Shields MOVED, SECONDED by Comm. Armistead, to approve the
'County Manager's letter of reply to Mr. ,William S.:Funderburg.
Upon vote,; the MOTION ,CARRIED UNANIMOUSLY.
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EXECUTIVE SESSION
Comm. O'Shields MOVED, SECONDED by Comm. Barfield, that the meeting
be recessed to Executive Session for the County Attorney to report on a
litigation matter,'. "Upon-vote, the MOTION ,C!,RR:IED 'UNANU10USLY.
Chm.' Blake recessed'the meeting to'Exectitive Session at 12:27 o'clock
p. m.
Chm. Blake reconvened the meeting to Public Session at 12:45 o'clock
p. m.
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ADJOURNMENT
Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that the meeting
be adjourned. Upon,~ote~: the MOTION CARRIED ,UNANIMOUSLY. ':' )
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Chm. Blake 'adjourned,:the meeting at 12:45, !'i'c1oC;:,k:p,.,Dl,' ' ,
Respectively submitted,
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Alyce B. Rusmisell, Clerk
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MINUTES OF REGULAR MEETING, FEBRUARY 1, 1982
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ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session
on Monday, February 1, 1982, at 7:00 o'clock p;'~. 'in the, Assembly Room,
New Hanover County Administration Building, Wilmington,' North Carolina.
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Members present were Commissioners'Howard L. ~rmistead..Jr.;
Jonathan Barfield, Sr.; Karen E. Gottovi; Claud O'Shields" Jr;; Chairman,
Donald P. 'Blake; County Manager G. Felix Cooper; County Attorney Robert
W. Pope; ,and Clerk to:the'Board; Alyce B. Rusmfsel1."-'No members were
absent.
Chm. Blake called the meeting to order.
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Rev. B. H. Baskerville of Chestnut Street Presbyterian Churcb offered
the invocation.
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APPROVAL OF MINUTES OF SPECIAL MEETING. JANUARY 13. 1982 AND REGULAR
MEETING JANUARY 18,1982 I _ ._, ,_, . ","", .
Upon MOTION by Comm. Gottovi, SECONDED by Comm. Barfield, the Minutes
of the'Speciai Meeting 'of Januari 13,. 1982; 'were APPROVED As FOLLOWS:
Voting Aye: Comm. BarfieldJ Gottovi and Chm. Blake
Abstaining:, COIlIIn; Armistea4 and O'Shields
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Upon MOTION by Comm. Gottovi, SECONDED by Chm. Blake, Commissioners
Armistead and O'Shields were UNANIMOUSLY excused from voting on approval
of the Minutes of the Special Meeting of January 13, 1982, as they were
not present at the meeting.
992
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1982 Cont.
APPROVAL OF MINUTES (CONTINUED)
Upon MOTION by Comm. Barfield, SECONDED by Comm. Armistead,
the Minutes of the Regular Meeting of January l8,1c}82 were
UNANIMOUSLY approved as presented.
APPROVAL OF CONSENT AGENDA
Upon 'MOTION by 'Comm. Barfield, SECONDED by Comm. Armistead,
the following items on the Consent Agenda were UNANIMOUSLY approved:
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CANCELLATION OF AGREEMENT WITH. SOUTHEASTERN
COMPUTER CORPORA'fION
As recommended by the Tax Administrator, authorization was
given to cancel, the agreement with So'Litheastern Computer
Corporation with the funds to be used for 'an additional
employee on the Tax Office Staff to make some of the
modifications and absorb some of the duties placed on the
systems Analyst position.
ADDITIONAL EMPLOYEE AUTHORIZED IN TAX DEPARTMENT
Authorization was given for-the addition of an
operator/programmer position in the Tax Department at a
salary grade of 67.
AZALEA FESTIVAL FIREWORKS PERMIT
Authorization was given for the Azalea Festival committee
to have a fireworks display at Legion Stadium on the evening
of April 15, 1982, or April 16, in case of rain. A c,opy of
the proper insurance certificate was furnished.
ADDITION OF BRETONSHIRE RD. AND BECKENHAM RD. TO
STATE SYSTEM - - - -
The SR-2 Resolution was adopted requesting the addition
of the f9,llowing roads to the State Secondary Road System as
recommended by the Department of Transportation:
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Bretonshire Rd. and Beckenham Rd., Windemere Subdivision
(Div. File fi445-N)
A copy of the Resolution is on file in the Clerk's
Office.
BUDGET AMENDMENT - LIBRARY
The .following amendment was approved in the Library
budget to transfer copying and duplica~ing funds to the
print'ing.account and to appropriate additional funds
received for N. C. State Aid Grant: .
Debit Acct. #11 6110 412 Copy & Duplicating
Acct. #11 3611 332 N.C. State Aid Grant
(additional 10% inflation grant from State
Lib. )
Credit Acct. fill 6110 411 printing
Acct. fill 6110 421 Supplies & Materials
Acct. #11 6110 423 Books & Materials
$ 800.
5,271.
$ 800
1,000.
4,271.
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BUDGET AMENDMENT - ADMINISTRATION
The fo'llowing amendment in the Administration budget was
approved to reimburse the County Manager's budget for travel
expenses on the Airport project:
Debit - Acct. Ul 9800 911, Contingencies $1,000.,
Credit -Acct. #11 4121 520, Travel, Meetings and
Schools .$1,000.
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993
MINUTES OF REGULAR MEETING; FEBRUARY 1,1982 (CONTINUED)
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APPROVAL OF CONSENT AGENDA (CONTINUED) ,
EARLYCIVIL AERONAUTICS BOARD SUNSET LEG'iSLATION, '_____n
As requested by the AIrport Commission, authorization was
given to w'rite letters to the County's senators and
representative in Washington endorsing the Airport
Commission's letter concer,ning the Early Civil Aeronautics
Board Sunset Legislation. '
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AUTHORIZATION FOR CHAIRMAN TO EXECUTE CONTRACTS FOR
SECOND WELL AT FLEMINGTON
The Cha-rrmanwas authorized 'to execute the contracts
with Poquoson, Inc. and Pleasant, Inc. for the second
well at F1emington. The Contracts were awarded at the
meeting on December 21, 1981.
REMOVAL OF ITEM FROM AGENDA
Chm. Bla1<'e reported that the petitioners had requested that
Item 15, Appeal from Planning Board Denial of Amendment to plat
of pine Valley Estates, Section' 25, be removed from the agenda as
they ,were trying to resolve the matter without appearing before
the C'omlli-iJss'ione'rs". ' --',,' ':,,' ,-' --' .; " ' , " : " ,
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DISCUSSION ON PROPOSED CONSTRUCTION OF NORTHEAST INTERCEPTOR
FORCE MAIN' ,-,- " I '
Director of Erigiriee'ring Ed 'Hilton 'anCd' 'Mr., ,Henry von Oesen, of
Henry von Oesen and Associates, Consulting Engineers, appeared
before the Board to explain the proposed route for the Northeast
Interceptor Force Main and answered questions from concerned
residents on ~hj' impact the proposed constiuction would have on
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their property. "
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The following
comments:
residents of ~tonewall Jackson Drive offered
Mr~ Claude 'Blanton . -'-'"
Mr. 'Warren Tucker" -' ~ , , , " ,
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Mr. Rowe .Green o. ' , ',,--
Mr. Jerry Whitlock
Mr~ Dick Bensinger
Mr. Larry Johnston "
Mr. W. F. Cox
Mr. Clayton Burlsford ", ..,
BREAK
Chm. Blake recessed ,the meeting for ~ break from 7:55 o'clock
p. m. until' 8:05 o'clock p. m. '.,
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AWARD OF 'BIDS FOR NORTHEAST'iNTER.CEPTOR
Director otEngineering Ed Hilton explained 'the
for construction of the Northeast Interceptor.
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bids received
A copy ~f the' tabulation of-:bi'ds''-receivEid is contained in
Exhibit Book IX, Page, 4. " o..... '
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Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead,
the following' Re~olution a~~rdirig the bids' ~as UNANIMOUSLY
ADOPTED: :' "".. r' '," ,," :,' -- "
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WHEREAS, New Harlover County, North'Carolina, desires to
expand' its '~eweragesystem' in the inte'rest of the pUblic'S
health;' and',,' " I:,." ",'''' ,
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WHEREAS, competitive bids have been solicited and
received from contractors for Project No, C370426-033.0, the
Northeast inter'c'eptor;' and,' , '
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WHEREAS,
by Henry von
responsible:
the following low bidders have been reviewed
Oesen' and Associates, and found to be
994'
MINUTES OF REGULAR: M;EETING, FEBRUARY 1" 1982 (CONTINUEP),
AWARD OF BIDS FOR NORTHEAST INTERCEPTOR (CONTINUED)
RESOLUTION (CONTINUED)
Section I:,
T. A. Loving Co~pany
P.O. Bo'x' 929
Goldsboro, 'N'orth, Caro,lina '27530
$1,898,209."'0-
Section II and III: Hall Contracting Corporation
918 Grade" Lane
Louisville, Kentucky 40213
$1,411,037.00
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Section
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"'G~~ves Elect~ic Comp~ny
3414 Wrightsville Avenue
Wilmington, North Carolina
, $301,502;00' '
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2840,3
IV:
NOW, THEREFORE, BE IT 'RESOLVED:
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The Board of County Commissionersof'the County of New,
Hanover, North Carolina to award said contracts to said low
bidders. pending North Carolina Department of Natural
Resources 'and'-Community Development and United' States
Environmental Protection Agency approval; and,
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BE ITFURTH~R RESOLVED: '
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To pledge the required local ftinds as, outlined .in the
Interlocal Agreement between the County of New Hanover and
the City of Wilmington dated June 11, 1981; and,
BE IT FINALLY RESOLVED:
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To authorize Mr. Donald P. Blake, Chairman" Board of County
Commissioners of New Hanover County,' to execute all
contracts and documents relating to this project on behalf of
the County of New Hanover.
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RESOLVED,
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This 1st day of February, 1982.
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PUBLIC HEARING
Notice had, been given that a publi~ hea~ing would ,be held 'by
the Board of Commissioners of New Hanover County on Monday,
February 1, 1982, at 7:00 PM in the Assembly Room of the County
Administration, Building, 320 Chestnut Street" Wilmington" North
Carol ina, to consider the following:' ---' , '.. "} ''','
PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY .35
OF AN ACRE) LOCATED ON THE SOUTH SIDE OF WRIGHTSVILLE AVE. (SR
T41~ APPROXIMATELY 25" FEET EAST OF MACMILLAN STREET FROM ANIl=
15 (RESIDENTIAL) DISTRICT TO AN 0 &1 (OFFICE AND INSTITii'i'iOiiAL)
DISTRICT - - - - - - ,
Planning Diredtor Hayes gave the ba6kground information and
reported that the Planning Board had considered this rezoning at
its meeting in January and recommended approval.
Chm. Bl'ake.'~sked if' there' was anyone present to speak in
favor of the r'ezoning,' and Dr. Daniel Mottola, the petitioner,
appeared before the Board to request approval and answer
questions.
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Chm. Blake asked if there was anyon~ present to speak in
opposition and no one appeared.
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995
MINUTES OF REGULAR MEETING, FEBRUARY. 1, .1982 (CONTINUED)
PUBLIC HEARING TO CONSIDER REZONING (CONTINUED)
'Coiitin.Bar'fi'eldMOVED, SECONDED- by' Conini~--Gottovi, to approve
the rezoning and adopt the ordinance entitled "An Ordinance of
the County of New Hanover Amending the. Zoning Map of Zoning Area
9-B of New Hanover County, North Carolin~".Adopted July 1, 1972."
Upon vote, the MOTION CARRIED UNANIMOUSLY.
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A copy of the Ordinance as adopted and signed is contained in
Zoning. Ordinance ,Book I, Section 9.,.B, Page 45.
PUBLIC HEARING TO CONSIDER AN APPLICATION,FOR SPECIAL USE PERMIT
TO USE 'PROPERTY'. (APPROXIMATELY 3.2 ACREsr-LOCATED ON THE EAST.
SYD'EOF OLEANDER DRIVE (U.S. HWY:', 76) IMMEDIATELY'SffifTH OF
BRADLEY'CREEK' BRIDGE AND ADJACENT TO THE BRADLEY CREEK MARINA FOR
A MULTI-FAMILY CONDOMINIUM DEVELOPMENT IN AN R-15 (RESIDENTIAL)
DISTRICT., ,..:..~,- ~
Planning Director Hayes ,gave ,the backgrpund on this Special
Use Permit and ,reported that the Planning Board had considered
the application at its meeting ,in ,January and recommended
approval. He stated that the County Commissioners had approved a
permit for virtually this same project in November of 1980.
Chm. Blake ,asked if there waa,anyone present to speak in,
favor 'of this' 'Special. Use Permit,;, and ,Mr. J. B. 'Gerald,
President'of'Ch~risma, Inc., was duly sworn to testify in favor'
of the application and answer questions from ,his attorney, George,
Rountree III, the .Commissioners and Planning ,Director.
Chm'. Blake asked if the,re ,was ~nyone"present to speak in
opposition to: the 'Special Use, Permit..and;:Mr. Eric. Eberhardt
commented. No one spoke in opposition.,': ,.. ,_
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Upon MOTION by Comm. Armistead, SECONDED by Comm. O'Shields,
the' following Order Granting the 'Special Use Permit was
UNANIMOUSLY. adopted: ". . "
he, . The, County Commissioners for ;New Hanover County having held
a..pubHc hearing' on ,February ,1,.. 1982 ito consider application
number S-189, 11/81 submitted by J.. B. Gerald of Charisma, Inc."
a request for a special use permit .to ,uselthe property located at
East "side, of Oleander Dr., 'south of" Bradley Creek Bridge &
adjacent to the Bradley Creek Marina for a multi-family
development ,and, having heard all, the ,evidence and arguments
presented at the hearing, makes ,the ,f.ollowing FINDINGS OF FACT
and draws the: following CONCLUSIONSr ", 1~ .~i
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1. The County Commissioners FIND as a FACT that all of the
specific requirements set forth in Section 72-5 of the County
Zoning. Ordinance will be satisfied if .the property is developed
in ac cor d anc e ",W Lt,h . t'h e . pI an s . s,ub m'i t.ted"'oto " th e Co un t y
Commissioners.; ":,' '..,
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2. It is the. County..Commissioners! .CONCLUSION that the
proposed use does satisfy the fi,rst general requirement listed in
the 'Ordinance; namely that th~use will not' materially endanger
the public ,health ,or"safety. if located':"where proposed and
developed :according to ,the plan as submitted and approved. In
support of this :conclusion" theLCommissioners 'make the following
FINDINGS OF FACT;
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1. Fire'..p'rotection is prov,ided by the Seagate
;,':Volunteer Fire Department.,
Sewage, disposal will be treated by a State
approved .'pri v,ate, terti'ary: wastewater treatment
facility.
Drinking water will be supp:l.ied by, a State
",approved', communi ty welL" , .r " " . I,
An approved garbage:"contr'act., wi th Trash Removal
Service has been obtained."
5. ,Preliminary, drainagec, plans have been approved by
the County.
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3.
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996
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1982 (CONTINUED)
PUBLIC'HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT
(CONTINUED)
16~ A CAMA'permit has been issued for developm~n~'in an.
area,of environmental concern~
, 7. No adverse traffic impact wil~ result on Oleander
Drive.
3. It is the County Cominisslone'rs' CONCLUSION tnat the
proposed use does satisfy the second general requirement listed
in the Ord.in~l}c:e; namely that the use meets all required
con(:Htions "and 'specifications. In support of this conclusion;
the Commj.ssioners make the following FINDINGS OF FACT:
, 1. Multi-family developments are a permitted special
use in the R-15 district.
2. Ail 'dimensional and 'park'ing requirements. are
satisfied.
3. Open space requirements are satisfied only with
the addition of an on-site swimming pool and
recreation bu~lding. ' ,
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4. It is the County Commissioners' CONCLUSION that the
proposed use does satisfy the third general requirement listed in
the Ordinance; namely that the use will' riot substantially injure
the value of adjoining or abutting property, or that the use is a
pUblic necessity. In support of this conclusion the
Commissioners make the folowing FINDINGS' OF FACT:
1. The proposed use in conjunction with the existing
marina facilities should increase the value of
surrounding property.
,,' 2." The proposed use should co'nform to the existing
commercial and residential character of the area.
5. ,It is the County Commissioners' CONCLUSION that the
proposed 'use, does satisfy the fourth, general requirement listed
in the ordinance; namely that the location and character' of the
use if developed according to the plan as submitted and approved
will be in harmony with the area in which 'it is to be located and
in general'corrform~ty with the plan of development for New
Hanover County.' .In support of this conclusion', the' Commissioners
make the following 'FINDINGS OF FACT:
1. The proposed use will' be ,adjacent to an existing
'marina.
2. 'There, are commercial and' resi'dential uses located
near the property.
3. The property is designated as' Conservation and
Transitional on the County's 1976 Land
Classification Map.
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'6. Therefore, because the' County"Commissioners conclude
that all of ,the general and specific conditions precedent to the
issuance of a SPECIAL USE PERMIT have been satisfied, IT IS
ORDERED that the application for the issuance of a SPECIAL USE
PERMIT be GRANTED, subject to the following conditions:
a)' That, the applicant shall fully comply wi th all of
the specific requirements stated in the
ordinance for the proposed use, as well as any
additional conditions hereinafter stated.
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b) If any of the conditions imposed by this special
use permit shall ,be ,held invalid beyond the
authority of this Board of Commissioners by a
court of competent, jurisdiction then this permit
snaIl become void and of no effect.
c), Other:'
1. Compliance with all applicable Federal, St~te
and local codes.
2. Connection to Northeast Interceptor within
180 days 'when services become,available.
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997,
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,MI!'lUTES OF, REGULAR MEETING, 'FEBRUARY .1,: 1982 (CONTINUED)
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PUBLIC ,HEARING 'TO CONSIDER, AN APPLICATION FOR 'SPECIAL USE, PERMIT
- TO' USE"--PROPERTY --"(APPROXIMATEr:.y, 8.91--ACRESFLoCATED ONTRE SOUTH
SIDE OF GREENVILLE LOOP ROAD (SR 1421) APPROXIMATELY 528 FEET
WEST OF DARBY ROAD FOR A MULTI-FAMILY TOWNHOUSE DEVELOPMENT IN AN
R-28 (RESIDENTIAL) DISTRICT - -
- Mr. Haywood Newkirk and Mr. Warren Hughes', 'Architects, and
Mr. David Barefoot, Attorney, were duly sworn to testify in favor
of this Special Use Permit and answer questions pertaining to the
development. .' ,','.' - , '
, Planning Director Hayes and Jack Munn of the Planning Staff
gave the background on this Special Use Permit and reported that
the Planning Board had considered the application ,at its meeting
in January and -recommended approval.
Attorney David Barefoot introduced the archi tects for the
project, Mr. ~?ywood Newkirk and M~. Warren Hughes, and stated
that the.., owner: of,,,:the 'property", Mr,s.":'Josephine, Rusher,' was also"
pr~sent to a~swer questions. .,
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, Mr~' Barefo'ot' r'equested ,that- the 'comments of the Planning
Director' regarding' the description, of the ,property and location
and the first. 'sl'ides he introduced be entered into the record as
eviderice for the petitioner.
Messrs. Barefoot, Newkirk and : Hughes.,outIin,ed the plans for
the proposed development.
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Attorney Barefoot presented the following exhibits for the
record on 'behalf .'ofthe Petitioners:." :' - , '.. ,,",,
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Exhibit
1 - Letter from Cape Fear Utilities agreeing to
furnish water and sewer 'service
2'''':' Letter from Waste' Industries, ,Inc. agreeing to
provide trash, service ,- ~ ',."
3 _- Letter from N. C. Dept;', of ,Natural Reources &
Communi ty Development', approving connection to
pirates Cove wastewater treatment system.
4 - Letter bearing signature of W. F. Alford with
statement saying that was not his signature.
Exhibit
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Exhibit
Exhibit
The
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persons:
petitfoners an'swered ,questions f,rom, the following
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Mr. Monty Talley
Mr. Eric Eberhardt
Mr. Peter Smi th
'Mr'.' Claude McAllister -.
Mr ~ Ed Spence r
Mrs. Mona Smalley
Mr. R.: patdck Doyle
Attorney William Hill
Mr. Gary Henderson '
Mr. M. H. Vaughan
Mr. Ed"Lowe~ -' .~. '. .-"
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Chin. L 'BLike aske'd"the'" p'ersons'who': wished to speak in
opposition to come forward'to'be',sworn: ..,,'.. ,'-'L:C:.!
BREAK ' ,,," ,
Chm. ~lake, reces~.ed! th,e
until,9:55 o'clock p. m.",
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meeti!'9 from 9:35 o'clock p. m.
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SPECIAL USE PERMIT - GREENVILLE LOOP ROAD (CONTINUED)
Attorney Barefoot present~t~ecord of the Planning
Board's consideration as: evidence arid' pointed' out that the
Planning Board and Planning Staff recommended"approval of the
Special Use Permit.
The following persons were duly sworn to'ctestify in
opposition to the application for Special UsefPermit:,
998
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1982 (CONTINUED}
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SPECIAL USE PERMIT = GREENVILLE LOO!? ROAD,.. (CONTINUED)
Attorney:iillia~ Hill
:Mrs., Peggy Huggins
Mrs.- Margaret 'Shannon'
Mr~ cEd ;Spel\cer ,
,Mr. George, E. .Nelson
Mr. Eric Eberhrdt ",
Mr. Ciaude McAllister
Mr. T. H. Shannon
'Mr! M.,H~ ;Vatighan ',"
,Mr. Lloyd Dobkin ,
,Mr. W.' Clark, James"
Mr. R. E.' Doyr'e ' .
Mrs. Elizabeth James
Mr. Gary M., Henderson"
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CONTINUANCE OF AGENDA ITEMS UNTIL MONDAY, FEBRUARY 8, 1982
Comm. Armistead MOVED, SECONDED ,by, .Comm. O'ShieTds" that
after the Board finished with item 8,' which was currently 'being"
considered, t~at items 9, l~, 11, 12, 13, 14, and 16 be continued
until,7:~~ ,o'clo~k_nextMonday night and ,that ,items 17 and ,19, b~
taken up at~he conclusion, of i~em,8., ppon vote, the MOTION
CARRIED UNANIMOUSLY.
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SPECIAL USE PERMIT -GREENVILLE LOOP ROAD (CONTINUED)
The-r.Jllowing persons commented ~pposition to the Special
Use Permit: ' ,
Attorney William Hill presented the following' exhibi ts for
the record on behalf of the Respondents:
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R-l - 1976 Wi'lmington/New Hanover. Comprehensive Planning
, Pol,icies' for Growth and 'Development and Land
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Classlflcatlon Map., ,." _' ,,' "
R-2 ~, 1981' proposed Update to Wilmington/New Hanover Land
," ,Use Plan, ~olicies for Growth and Development.
R-,3 - Lette~s.from, neighbori"J?,9, ,p,ro,~erty owners in
"opposltlon.,_, _, ,''',,'
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R-4_.~ Copy:ofDeedof, Proper~y be~pg,d~veloped.
Mr.. .T. H. ,Shannon answered questions presented to him by
Atty. Hill and explained the following additional exhibits which
were presented'on behalf of the Respondents:
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R-5 - Letter signed by Mr. W. F. Alford which Mr. Shannon
helped him compose.
R~6 - Drawing showing neighboring.property owners in
opposition to the development and where their property
was located. : , '
R-7 - Aerial photograph of the Hewlett~s Creek area dated
, July 1976. . ' ,
R-8- ,Composite photographs of prope,rty from across' the
creek and looking up the creek.
R-9 (a), (b), (c), and (d) Other photographs of the' surround-
ing, properties. '
R-l~~ Map of ,Pirates Cove area and letters of opposition of
property owners in,that"area.,
Attorney Barefoot cross-examined Mr. Shannon.
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Mr. R. H. Tate was duly sworn to testify in opposition to
the Special Use Permit and answered questions presented to him by
Attorneys Hill and Barefoot.
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The ,following persons
testified in opposition:
who had previously
been sworn
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Mr. W. Clark James
Mr. ,Lloyd Dobkin
Mrs. Margaret, Shannon
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999
MINUTES OF REGULAR-MEETING" FEBRUARY 1,,1:982' (CONTINUED)
~' ':
SPECIAL USE PERMIT - GREENVILLE LOOP ROAD:XCONTINUED) ,
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Mr. GeorgeH,Nelson, President"o.fPir:a,te!s:Cov.e ,Ho,meowners'
. ' , ...' . ,., ~ . -. .
As~n. . '
Mr. Ed Spencer presented addi'tional exhibi ts on' behalf of
the respondents,marked as follo,ws: ,
..' . ,: ' .~ ' , , : . ; . " .} , .
" R-li--:::,'p't,~'i~'re;s'of se'w:a'g'~' ~;ver'fi;;w ';ip'~ p:ira,te's Cove
Subd~visiorl: " " , H' ,;' " --
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BREAK" ,'"'' "', -- ""
Chm. Blake recessed the m'e'etTrig for a break from 11:53
o'clock p. m. until 12:00 ~idnight.
r , ... . ,:: , r ! ; ~..... . . . -. : ~
SPECIAL USE PERMIT - GREENVILLE LOOP ROAD (CONTINUED)
Planning Director Hayes was duly sworn and testified to
questions preseJ;lted.:,to_ him by ,the_following_,persons,:,,', __ :, __,''
",. . ". '." -,. J ,.". , ' :; ,~ ~ '". --.. . '( - i. . . . ~ .- .
Mr.',M,.' H. ,vaughan'" ','"
Mr';Cfaude' McAllister.' "
Attorney Barefoot
Attorney Hill , r '
"
:c.
\, .
'Attar'ney"Barefoot submitted "aerial' photographs of
property a~Pe't'i'tioner's Exhibits' '5 (af,'"(b)';' (cf, '(d), . (e),
(g), (h), (i) , (j), (k), (1) and, (m). .,
, : ~ " . ". . . ~ '" . \ :
- - . '._-.- --, ,- -. ,.. -- .-.- -. ..- - - - -' - .-.
; Mr. Ed Mitchell was duly sworn to "te'stify; in favor of the
app1 ic:iati()rl and" answered question~ froin ,the' following:
the
(f) ,
Attorney Hill -; , "
Attorney Barefoot
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,Comm. Gottovi: MOVED, SECONDED" by Camm. ,Barfield, 't'o continue
this public" he:ilr'ing to' next Monday night, 'and in the meantime
arrangements" be made to visit the' ~ite"and tha't the drainage
plan be'subinitted for the Board to look', at. Upon vote, the
MOTION CARRIED AS FOLLOWS: '
,
Voting Aye: Comm. Barfield, Gottovf"and ,O'Shields
Votin9.'~oe::) (. Comm. Armi stead and' Blake '
,~ . ; . -,J :. " .J ,-' ,
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NEW HANOVER COUNTY JAIL MODIFICATIONS
Sheriff Radewicz and Capt. Spell' appeared before the Board
to explain the modifications in the jail that they felt were
necessary in o~der to maintain adequate security.,,' ,_,~:::
.)1 ': : _ j'.. ). " . J > ' '. . .." , , . ~: >
Comm. Armistead MOVED,' SECONtlED by ~omin. Barfield, th~t
Ballard, McKim ahd Sawyer be hired as"architects on this project
to de~elop plans and specifications t~atrcan be put out to bids
to do the project. Upon vote, the MOTION'CARRr'ED UNANIMOUSLY.
AWARD'OF Bltl'FOR'AIRPORT TERMINAL COMPLEX ENGINEERING SERVICES
County Manager Cooper had furnished the Commissioners his
recommendations concerning the award of the engineering contract
for the Airport Terminal project--along: with a copy of the
agreement between Howard, Needles, Tammen & Bergendoff and
Talbert, Cox & Ass9c~ates for:thedivision of the work.
Comm. Gottovi MOVED, SECONDED by Comm. Barfield; to accept
the contract with HNTB and endorse the contents of the
Agreement between HNTB and TCA. Upon. 'Vo,t'e, ,.the, MOTION CARRIED,
AS' FOLLOWS:' , ' '( - ' , ,
Voting Aye: Comm. BarfIeld,' 'Gottovi, O'Shie1ds and Chm.
Blake i
Voting- Noe': 'Camm. Armistead . I, ;
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ADDITIONALL ITEMS-
CONTRACT FOR SEPTAGE DISPOSAL STUDY
: Comm. ,Armistead MOVED, SECONDED by
County Manager's recommendation and
Comm.
award
"
Gottovi, to take
the Contract to
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l' onn :
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MINUTES OF'REGULAR,MEETING, FEBRUARY 1, 1982 (CONTINUED)
ADDITIONAL ITEMS (CONTINUED)
CONTRACT FOR SEPTAGE DISPOSAL STUDY (CONTINUED)
D'AppolonTa Consulting Engineers, Inc. for the septage
study. Upon'vote, the MOTION CARRIED UNANIMOUSLY.
BARRIER ISLANDS FLOOD INSURANCE PROPOSED REGULATIONS
County Manager Cooper advised the Commissioners that the
Department of Interior would be receiving pUblic comment on
~he Barrier Islands Flood Insurance Proposed Regulations
through March 22, 1982, and the County could gather public
'comments 'if -the, Commissioners so desired.,
It was agreed to advertise that written ~om~ent~ 'wo~ld be
received,onthese proposed regulations.
... -...._.-.
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DISCUSSION ON CHANGES IN JUDICIAL, BUILDING PLANS
County Manager Cooper reported that the Registrar of Deeds
had requested some changes in the plans for the Judicial
Building which would delay the requ,estfor bids and increase
costs for engineering and architect~ral'~ervices. ' ,
Comm. Armistead MOVED, SECONDED by Comm. 'Barfield; not to
consider any changes in the planS as they were currently
drawn. \:upop"yote, the MOTION CARRiED UNANIMOUSLY. ..,','
COMM.GOTTOVI TO SERVE ON FORT FISHER' PARK TASK FORCE
Comm. Gottovi requested~at someone from tne<eommission be
appointed to serve on the Fort' Fisher Park Task Force.
By acclamation Comm. Gottovi was appointed to serve on that
committee.
DISCUSSION ON PLANS FOR LEGISLATIVE CONFERENCE
The countYl1anager and Commissioners discussed the plans
that had been made for the Legislative Conference in
Washington and, the retreat the Commiss,ioners, were planning
at that time.
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DISCUSSION ON AIRPORT MANAGER , ,
Mr. William S. Funderburg appeared 'before the 'Board to
request that the County Attorney investigate Airport Manager
Rudy Shackelford to determine whether' he or any member of
his family had any interest in'the-'Talbert-Cox firm.
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EXECUTIVE SESSION " '
Comm. Armistead MOVED, SECONDED' by Com~. O'Shields, that
the meeting be recessed to Executive Session and that Mr.
Funderburg be invited to discuss his concern about the Airport
Manager and his relationship with Talbert'-Cox. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Chm. Blake recessed the meeting ~o Executive Session at 1:20
o'clock a. m." ...., "
MR. FUNDERBURG,WAS EXCUSED FROM THE MEETING AT 1:38 O'CLOCK
A. M.
Chm. Bi~ke reconvened the meeti~g to Public Session at 1:45
o'clock a. mi ""
RECESS UNTIL FEBRUARY 8, 1982
Comm. O'Shields MOVED, SECONDED by Comm. Armistea~, that the
meeting be recessed until 7:00 p. m. on February 8, 1982. Upon
vote, ',the MOTION CARRIED UNANIMOUSLY.
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Chm. Blake recessed the meeting at 1:45,o~cloc~ a. m.
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Respectfully submitted,
~~,/?~
Alyce B. Rusmisell, Clerk