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HomeMy WebLinkAbout1982-01-04 Regular Meeting , -" -J 980 MINUTES OF REGULAR MEETING, JANUARY 4, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 4, 1982, at 7:00 o'clock p. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners Howard L. Armistead,' 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. Rusmisell. Chm. Blake called the meeting to order and gave the invocation. APPROVAL OF MINUTES OF REGULAR MEETING: DECEMBER 21, 1981 Upon MOTION by Comm. O'Shields, SECONDED by Comm. Barfield, the Minutes of the Regular Meeting of December 21, 1981, were UNANIMOUSLY approved as presented. o APPROVAL OF MINUTES OF BUDGET HEARINGS FOR 1981/82 FISCAL YEAR BUDGET Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, the Minutes of the Budget Hearings on .tbe 1981/82 Fiscal Year Budget were UNANIMOUSLY approved as presented. Copies of the Minutes are contained in Exhibit Book IX, Page 1. REMOVAL OF ITEM 10 FROM AGENDA Chm. Blake announced that there was a request that Item 10, Appeal from Planning Board Denial of Amendment to Plat of Pine Valley Estates, Section 25, be removed from the agenda,and rescheduled for the meeting of February 1, 1982, if necessary. He stated that the matter may be resolved before that time and would not need to come before the Commissioners. APPROVAL OF CONSENT AGENDA Upon MOTION by Comm. Armistead, SECONDED by Comm. Barfield; tlie following Consent Agenda items were UNANIMOUSLY approved: ADDITION OF ROADS TO STATE SECONDARY ROAD SYSTEM The SR-2 Resolutions requesting the addition of the following 'roads to the State Secondary Road System were adopted as recommended by the Department of Transportation: o Bodega Bay Rd., Rio Vista Rd. and Burbank Rd. - (Div. File #444-N) Sierra Drive Extension - (Div. File #45l-N) Redwood Rd. and Sausalito Dr. - (Div. File #42l-N) Copies of the Resolutions are on file in the Clerk's Office. BUDGET AMENDMENT - SOCIAL SERVICES The following amendment was approved in the Social Services budget to 1) allocate Crisis Intervention Funds for Energy (heating) for low- income residents; 2) allocate State funds for Adult Day Care; 3) transfer of travel funds due to reorganization; and internal transfers: Debit - Acct. 1/11 3535 371 Crisis Intervention Program $15,855. Acct. 1111 3534 382 State Adult Day Care 12,000. Acct. 1111 5342 538 Problem Pregnancy Svcs. 1,715. Acct. 1111 5360 520 Travel, Meetings, Schools Intake 3,990. Acct. #11 3533 898 Bank Donation/Food Stamp Security 600. Acct. 1111 5310 425 Audio-Visual Supplies 600. Acct. 1111 5310 372 Contracted Svcs. - Pest Control 120. Acct. 1111 5310 412 Duplicating and Copying 900. 0 Credit - Acct. 1111 5358 530 Crisis Intervention Program $15,855. Acct. 1111 5344 530 State Adult Day Care 13,715. Acct. #11 5340 520 Travel, Meetings, Schools-Svcs. 2,200. Acct. 1/11 5330 520 Travel, Meetings, Schools - Income Maintenance 1,790. Acct. 1/11 5334 371 Food Stamp Security 1,200. Acct. 1/11 5310 370 Contracted Svcs.-Elevator Main t. 120. Acct. 1111 5310 594 Lease/Purchase 900. MINUTES OF REGULAR MEETING, JANUARY 14, 1982 (CONTINUED) PUBLIC HEARING, . ,1- _'. Notice had been given that a public hearing would be held by the Board of Commissioners of New HanovJ~ County on Monday, January 4, 1982, , at 7:00 PM in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, NC; to consider the following: 981' o PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 10.21 ACRES) LOCATED AT THE NORTHWEST CORNER OF THE CAROLINA BEACH ROAD (U. S. HWY. 421) AND SOUTH COLLEGE ROAD (N.C. HWY. 132) INTERSECTION FROM AN R-15 (RESIDENTIAL) DISTRICT TO A B-2 (HIGHWAY BUSINESS) DISTRICT. Planning Director Dexter Hayes gave the background information on this rezoning request and reported that the Planning Board had considered it at the meeting on December 3, 1981, and recommended approval. Chm. Blake asked if there was anyone present to speak in favor of this rezoning and Mr. Alton Lennon, Attorney for Z. A. Sneeden Sons,. Inc., petitioners, and Mr. Jack Sneeden were present to request approval and answer questions from the Commissioners. Chm. Blake asked if there was anyone present to speak in opposition to this rezoning, and the following persons offered comments: Mr. M. H. Vaughan Mr. John Fitzpatrick 'J Comm. Armistead MOVED, . SECONDED by Comm. Barfield, to approve the rezoning and adopt the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area 4 of New Hanover County, North Carolina,- Adopted April 7, 1971.~ Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance as adopted and signed is contained in.Zoning Ordinance Book 1, Section 4, Page 25. o CONTlNU}XION OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PEIDIIT TO USE PROPERTY (APPROXIMATELY 5.2 ACRES) LOCATED ON THE NORTH SIDE OF MARKET STREET (U. S. HWY. 17) APPROXIMATELY 500 FEET WEST OF HARLEY DRIVE FOR A MOBILE HOME IN AN I-I (LIGHT INDUSTRIAL) DISTRICT. Chm. Blake asked if the petitioner for this special use permit application was present and no one appeared. Comm. Gottovi MOVED, SECONDED by Comm. Armistead, to continue this Public Hearing to the second meeting in January when the petitioner would be present. Upon'vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER ZONING AND SUBDIVISION ORDINANCE TEXT AMENDMENTS - REVISIONS TO THE ZONING AND SUBDIVISION ORDINANCES CONCERNING MULTI-FAMILY DEVELOPMENT TH}X WOULD (1) ALLOW DENSITY ZONING 'IN EXISTING RESIDENTIAL DISTRICTS. AND (2) REPLACE THE MULTI-FAMILY SPECIAL USE PEIDfIT WITH PRE- ESTABLISHED PERFOIDfANCE STANDARDS FOR HIGH DENSITY DEVELOPMENTS. The following persons commented on the amendments: Mt. Al Butler Mr. Peter Smith Mr. M. H. Vaughan Planning .Director Dexter Hayes and Ken Silliman ,of the Planning Staff gave the background on the proposed amendments and outlined the differences between the amendments and the current procedures. o BREAK Chm. Blake recessed the meeting for a break from 8:04 o'clock p. m. until 8:15 o'clock p. m. ZONING AND SUBDIVISION ORDINANCE TEXT AMENDMENTS (CONTINUED) Planning Director Hayes and Mr. Silliman answered questions from the Commissioners and others on the proposed amendments. The following persons commented further: Mr. Paul Foster Mr. David Barefoot Mr. Patrick Doyle Mr. Alex Malpass Mr. Robert H. Tate Mr. Jay DeChesere 982. MINUTES OF REGULAR MEETING, JANUARY 4, 1981 ZONING AND SUBDIVISION ORDINANCE TEXT AMENDMENTS (CONTINUED) Comm. O'Shields MOVED, SECONDED by Comm. Barfield, to continue the discussion on the high density performance standards until the first meeting in February. Comm. ,O'Shields restated his MOTION, SECONDED by Comm. Gottovi, to adopt the density zoning that was'permitted by right and to continue the high density performance zoning and any other items pertaining to that to the first meeting in February. Upon vote, the MOTION CARRIED UNANIMOUSLY. Book r~pip~ gfl;he Ordinances as adopted and signed are contained in Exhibit PUBLIC HEAR~NG TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING BOARD TO DENY AN APPLICATION FOR SPECIAL USE PEIDfIT TO USE PROPERTY (APPROXI- MATELY 1 ACRE) LOCATED ON THE NORTB SIDE OF GORDON ROAD, APPROXIMATELY 1,000 FEET WEST OF MARKET STREET (U. S. II\?Y. 17) FOR A CONVENIENCE FOOD STORE, IN AN R-15 (RESIDENTIAL) DISTRICT. At the request of the petitioner, this case was removed from the agenda. o LAND USE PLA..'1 UPDATE Planning Director Hayes outlined for the Commissioners the proposed changes in the Land Use Plan and presented the staff's recommendation for "rural services area.1I The following persons appeared before the Board to comment on the rural services area: Mr. Peter Smith Mr. M. H. Vaughan Mr. Jay DeChesere Mr. David Barefoot Mr. Alex Malpass Mr. Bill Huffine Mr. Patrick Doyle Mr. Henry Johnston County Manager Cooper Comm. O'Shields MOVED, SECONDED by Comm. Armistead, to advertise the last and final public hearing leading to the adoption of the 1981/.82 Land Use Plan Update on the night of March 1, 1982. Upon vote, the MOTION CARRIED UNANIMOUSLY. o BREAK Chm. Blake recessed the meeting for a break'from 10:10 o'clock p. m. until 10:25 o'clock p. m. PROCLAMATIONS - DR. MARTIN LUTHER KING, JR. DAY AND BLACK HISTORY MONTH Upon MOTION by Comm. Gottovi, SECONDED by Comm. Barfield, the following two proclamations were UNANIMOUSLY ADOPTED: Dr. Martin Luther King Day January 15, 1982 WHEREAS, January 15, 1982 is the 53rd anniversary of the birth of the late Dr. Martin Luther King, Jr. and, WHEREAS, Dr. Mart in Luther King, Jr. endeavored during his lifetime to assure that the American Dream became a reality for all Americans; color, sex, race being no exception; and, WHEREAS, Dr. Martin Luther King, Jr. had another "Dream" that all men if brotherhood and love prevailed, would one day be "free at last" from hatred and bigotry; and, o WHEREAS, Dr. Martin Luther King, Jr. gave his life for that dream; and, IffiEREAS, the "Dream" of Dr. King remains a "Dream" worth dreaming. THEREFORE BE IT RESOLVED THAT: Friday, January 15, 1982.be proclaimed Dr. Martin Luther King, Jr. Day in New Hanover County Adopted this 4th day of January, 1982. . ..d'~' 983 . MINUTES OF REGULAR MEETING, JANUA,RYi 4, 1982 (CONTINUED) PROCLAMATION - DR. MARTIN LUTHER KiNG, JR. DAY AND BLACK HISTORY MONTH (CONTINUED) I BLACK HISTORY MONTH I . \{HEREAS, tbis history of the Black American has languished in obscurity for too long a time; and, WHEREAS, the obscurity of that history has not been in the best interest of the public good; and, o WHEREAS, it is vital that the true history of all 'of the citizens of any nation, yea, and any community, must in accuracy be known to all of its citizens, lest the result be a diminishing of the human esteem and personal value of the neglected group, and their worth always viewed with suspicion; WE, THEREFORE, PROCLAIM the month of February, 1982, as BLACK HISTORY MONTH in New Hanover County; and urge all of our citizens to avail themselves of any ceremonies, events, and study which will enhance their knowledge and awareness of the achievements and the many contributions to our society by our fellow citizens of African descent. This the 4th Day of January 1982. POSTPONEMENT OF DISCUSSION ON RULES OF PROCEDURE FOR FAIR EMPLOYMENT AND FAIR HOUSING ORDINANCES County Attorney Pope explained that there were still some minor points that needed to be worked out on the Rules of Procedure for the Fair Employment and Fair Housing Ordinance. Comm. Armistead MOVED, SECONDED by Comm. O'Shields to on the agenda for discussion at the next regular meeting. MOTION CARRIED UNANIMOUSLY. put this matter Upon vote, the o ADDITIONAL ITEMS COMM. O'SHIELDS REQUEST FOR ITEMS TO BE PLACED ON AGENDA FOR JANUARY 18 MEETING Comm. O'Shields distributed 2 memos requesting that the following items be placed on the agenda for consideration and discussion at the meeting of January 18, 1982: 1. Formation of a Task Force on Human Services Funding 2. Consideration of local ordinances dealing with hazardous waste facilities. DISCUSSION ON BREAKFAST MEETING SCHEDULED FOR JANUARY 13. Comm. Barfield commented on the breakfast meeting that has been scheduled for January 13, 1982, at 7:30 a. m. DISCUSSION ON REARRANGEMENT OF OFFICE SPACE FOR CO~fMISSIONERS The Commissioners and County Manager discussed the rearrangement of the office space used by the Commissioners and worked out an arrangement that was agreeable to all concerned. Comm. O'Shields and Comm. Armistead stated .that since they may not be available for some of these discussions in the future, they would delegate their authority for those types of actions to the Chairman. o DISCUSSION ON DRAINAGE COMMITTEE PROposALS Comm. Gottovi commented on the letter received from Dr. Eakins concerning the Dra~nage Committee proposals and the committee that had never met and asked that the County Manager follow up and find out where they were, why they were not meeting and, if they were not going to meet, whether or not the County Commissioners should look at the recommendations for the immediate actions and technical specifications that could be made. County Manager Cooper agreed to look into the matter and report to the Commissioners. 984 MINUTES OF REGULAR MEETING, JANCUARY 4, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION ON TASK FORCE ON ~AN SERVICES FUNDING Comm. Gottovi commented on' Comm. O'Shields memo concerning the Task Force on Human Services Funding and stated that she thought that was something that could be discussed if the Commissioners took a retreat that had been talked about so they could decide what to do. Comm. O'Shields commented on his reasons for setting up such a committee. FURTHER DISCUSSION ON RETREAT Comm. Gottovi suggested that the Board take a retreat as the Chairman had suggested and stated that she would like for some planning to be done on this. o After further discussion it was agreed that County Manager Cooper would again try to arrange a retreat for the Board. DISCUSSION ON LETTER FROM CLARENCE SHARP Comm. Gottovi commented on the letter received from Mr. Clarence Sharp concerning the Hospital and asked that County Attorney Pope and County Manager Cooper prepare an answer to his questions. It was agreed that the County Manager and County Attorney should prepare an answer to his questions. INVITATION FOR COMMISSIONERS TO ATTEND RED CROSS BALL Chm. Blake reported that he had received a call from Jan Morgan who asked that he please pass along an invitation for the Commissioners to attend a Red Cross BaIlon Saturday, January 16, 1982, at 7:00 p. m. at the Hilton. He stated that the cost would be $30.00 per person, the checks were to be made to the American Red Cross and would 'be tax deduct~ ible. REQUEST FOR RELEASE OF TAXES ON WRIGHTSBORO UNITED METHODIST CHURCH PARSONAGE The Commissioners had received a request for release of taxes on the Wrightsboro United Methodist Church parsonage. When the taxes were listed, the exemption was not requested as was necessary in order for them to receive the exemption. o Mr. Billy Peele, who was pastor of the church at the time the taxes were listed, commented. It was agreed that the County Attorney would respond to Mr. Peele~s request and give an opinion as whether or not the Commissioners could grant any relief from the taxes. ITINERARY FOR TRIP TO CONSUMAT FACTORY AND HAMPTON RESOURCE RECOVERY FACILITY County Manager Cooper passed out a proposed itenerary for a trip by the Commissioners to the Consumat Factory and to the Hampton Resource Recovery Facility on January 14, 1982. It was agreed that the County Manager would make the arrangements for the trip on that da~e. DISCUSSION ON PROPOSED JUDICIAL BUILDING County Manager Cooper reported that he had requested the Finance Officer to prepare a budget analysis on the Judicial Building Fund and that he was planning to meet with the architects and get an update on the cost and cash'flow. Mr. Cooper stated that he would report back to the Commissioners after he had obtained all the information. o LIBRARY DIRECTOR TO RETIRE County Manager Cooper reported that he had received a letter from Library Director Katherine Howell indicating her intention to retire on August 1, and explained the plans for recruiting a new director. DISCUSSION ON BEGINNING BUDGET PREPARATIONS County Manager Cooper asked for the Commissioners to give him any major policy matters they may wish to be considered concerning the budget for the next fiscal year. " ...". 985 MINUTES OF REGULAR }ffiETING, JANU1~X, 4, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION ON BEGINNING BUDGET PREPARATIONS Comm. .Armistead commented on the necessity of looking carefully at upgrading County employees' salaries. Cornm. Gottovi commented on the need to look at some of the appointed Boards and Committees in terms of whether or not they should be getting some sort of per diem pay. o Comm. Gottovi also commented on looking at the funding of various outside agencies and the accountability of the funding for those agencies. Comm.O'Shields commented on the need to address the distribution of ABC funds. DISCUSSION ON AIRPORT CONSULTING ENGINEER County Manager Cooper stated that he would have a report on the Airport Terminal Consulting Engineers for the Commissioners within the next two meetings. Chm. Blake reported that he had heard there was a proposed airport being built in Leland that may be of interest to the Board because of the effect it would have on the New Hanover County Airport. ACCEPTANCE OF CERTIFICATE OF CANV,ASS FOR BOND REFERENDUM Comm. Gottovi read into the record the Certificate of Canvass of the New Hanover County Board of Elections for the Special Election Held in the County of New Hanover on the 15th day of December, 1981. A copy of the Certificate of Canvass is contained in Exhibit Book IX, Page 1. o Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the Resolution accepting the Statement of. Result of Special Election Held in the County of New Hanover December 15, 1981, was UNANIMOUSLY adopted. A copy of the Resolution and Statement of Result are contained in Exhibit Book IX, Page 1. EXECUTIVE SESSION' Comm. O'ShieldsMOVED, SECONDED by Comm. Barfield, that the meeting be recessed to Executive Session to discuss attorney/client matters and to discuss committee appointments. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chm. Blake recessed the meeting to Executive Session at 11:41 o'clock p. m. Chm. Blake reconvened the meeting to Public Session at 11:55 o'clock p. m. APPOINTMENT OF MARSHALL CREWS TO CAPE FEAR TECH BOARD Comm. O'Shields MOVED, SECONDED by Comm. Gottovi, that Mr. J. Marshall Crews be appointed to fill the unexpired term of Mr. Cherry who resigned from the Cape Fear Technical Institute Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. o ADJOURNMENT Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that the meeting , ' be adjourned. Upon vote, the MOTION CARRIED UNANIMOUSLY. i Chm. Blake adjourned the meeting at 11:56 o'clock p. m. Respectfully submitted, \ ~ ,6,. /f~ Alyce B. Rusmisell, Clerk