1982-01-04 Regular Meeting
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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.
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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:
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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,
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at 7:00 PM in the Assembly Room of the County Administration Building,
320 Chestnut Street, Wilmington, NC; to consider the following:
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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
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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.
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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.
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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.
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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.
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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,
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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.
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983
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MINUTES OF REGULAR MEETING, JANUA,RYi 4, 1982 (CONTINUED)
PROCLAMATION - DR. MARTIN LUTHER KiNG, JR. DAY AND BLACK HISTORY MONTH (CONTINUED)
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BLACK HISTORY MONTH
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\{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,
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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ADJOURNMENT
Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that the meeting
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be adjourned. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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Chm. Blake adjourned the meeting at 11:56 o'clock p. m.
Respectfully submitted, \
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Alyce B. Rusmisell, Clerk