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1981-04-06 Regular Meeting o o o 793 MINUTES OF SPECIAL MEETING, APRIL 2, 1981 (CONTINUED) DISCUSSION ON LAW ENFORCEMENT CAPITAL PROJECTS Sheriff Radewicz and Capt. R. E. Spell appeared before the Board to explain and answer questions on their request for an expansion to the jail facilities in the Capital Improvements Program. The amount of funding necessary'in the 1981/82 budget for this project would be $60,000. DISCUSSION ON PUBLIC SCHOOLS ,CAPITAL PROJECTS The following persons representing the Board of Education and the Public Schools Administration were present to explain and answer questions from the Commissioners on the capital improvements needed in the schools: Dr. Carl Unsicker, Board of Education Chairman Mrs. Lucille Shaffer, Board of Education Mrs. Mary Elizabeth Hood, Board of Education Mrs; Dorothy Johnson, Board of Education Mr. Billy Mason, Acting Supt. of Schools Dr. C. D. Gurganus Mr. James Gearhart The amount of funding requested for the schools projects in the 1981/82 budget would amount to $1,500,000. ADJOURNMENT Comm. Gottovi MOVED, SECONDED by Comm. Barfield, that the meeting be adjourned. Upon vote, the motion carried UNANIMOUSLY. Chm. O'Shields adjourned the meeting at '4:25 o'clock P.M. Respectfully submitted, ~ AS. ~-...,. ;",'~L- Alyce B. Rusmisell Clerk to the Board MINUTES OF REGULAR MEETING, APRIL 6, 1981 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 6, 1981, 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; Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shieids, Jr.; County Manager G. Felix Cooper; 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. Henry A. Martin of St. Stephens AME Church offered the invocation. APPROVAL OF MINUTES: SPECIAL AND REGULAR MEETINGS OF MARCH 16, 1981 AND SPECIAL MEETING OF MARCH 30, 1981 Upon MOTION by Comm. Blake, SECONDED by Comm. Armistead, the Minutes of the Special and Regular Meetings of March 16, 1981, were UNANIMOUSLY approved as presented. ' Upon MOTION by Comm. Gottovi, SECONDED by Comm. Blake, the Minutes of the Special Meeting of March 30, 1981, were UNANIMOUSLY approved as presented. APPROVAL OF CONSENT AGENDA Upon MOTION by Comm. Armistead, SECONDED by Comm. Barfield, the following Consent Agenda Items were UNANIMOUSLY approved: LAND RECORDS MANAGEMENT PROGRAM The Chairman was authorized to execute the Agreement with the State accepting the grant for the Land Records Management Program along with Amendment No. 1 to the Agreeme~t, and the following budget amendment was approved to appropriate the grant funds, the County's matching funds, '794 MINUTES OF REGULAR MEETING, APRIL 6, 1981 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) LAND RECORDS MANAGEMENT PROGRAM (CONTINUED) establish a Land Records Superlisor position, at Grade 67, and accept the bid 'from Landmark'Engineer1ng Company for the reformatting project. Debit - Acct. 1111 350 50, State Grant - Land Records Mgt. $17,656 Acct. 1111 445 61, Contingencies 18,968 Credit - Acct. 1111 450 02, Salaries & Wages $ 2,425 Acct. 1111 450 74, Capital Outlay - Equipment 10,000 0 Acct. 1111 450 45, Contracted Services 24,199 NEW POSITION - FINANCE DEPARTMENT An Accounting Technician I position, Grade 59, was approved for the Finance Department to handle accounts receivable throughout the County, including emergency medical services billing. STATE AIRPORT AID GRANT AGREEMENT - TAXIWAY "B" (ADAP-06) The following Resolution was adopted authorizing the Chairman to execute a Grant Agreement between the County and the N. C. Department of Transportation accepting a grant in the amount of $85,389 to construct and light new Taxiway "B"; relocate weather service equipment; replace rotating beacon; install automatic security gate; renovate and upgrade light on runway 16/34; acquire and install supplemental windcones; and preliminary engineering. A motion was made by Comm. Armistead and seconded by Comm. Barfield for the adoption of the following resolution, and upon being put to a vote was duly accepted: WHEREAS, a grant in the amount of $85,389 has been approved by the Department; and WHEREAS, an amount equal to or greater than the approved grant has been appropriated by the Sponsor for this Project. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED that the County Commission Chairman of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the 'fulfillment of its obligations in- curred under this Grant Agreement. o AIRPORT TERMINAL RENOVATIONS PROJECT A tabulation of the bids received on the Terminal Renovations Project at the Airport is contained in Exhibit Book VIII, Page 37. The Chairman was authorized to execute contracts with the following low bidders for the project as recommended by the Airport Manager and Consultants: General - Smith Construction Company Whiteville, North Carolina Base Bid plus Alternates 6-1 through 6-3 Electrical - Ashley Electric, Inc. Whiteville, North Carolina Base Bid plus Alternate E-1 $112,300 12,074 Mechanical - Humphrey Heating & Roofing, Inc. Jacksonville, North Carolina Base Bid plus Alternate HAC-l through HAC-2 16,345 BE IT ORDAINED, by the Board of Commissioners of New Hanover County: WHEREAS: o The following Capital Project Ordinance was adopted for the project: 1. New Hanover County (County) is engaged in the renovation of the New Hanover County Airport Terminal which capital project involves the construction or acquisition of a capital asset. 2. County desires to authorize and budget for said capital project in a project ordinance adopted pursuant to North Carolina General Statute S 159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. o o o 795 MINUTES OF REGULAR MEETING, APRIL 6, 1981 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) AIRPORT TERMINAL RENOVATIONS PROJECT (CONTINUED) i NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute S 159-13.2. 2. The capital project undertaken pursuant to this ordinance is the renovation of the New Hanover Airport Terminal, which project is herewith authorized. 3. The revenue that will finance said project is State Grant Transfer from Airport Operation Total $ 79,800 79,800 $159,600 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Engineering and Construction $159,600 5. This project ordinance shall be entered in the minutes of the Board of Commissioners. Within five days hereof, copies of this ordinance shall be filed with the finance and budget office in New Hanover County, and with the Clerk to the Board of Commissioners. Adopted this 6th day of April, 1981. TEMPORARY,CFR BUILDING - CHANGE ORDER III Change Order No. 1 with Raysand Building Corporation for the Temporary CFR Building at the Airport was approved to relocate an existing fire hydrant and to install a protective liner panel in the bay and storage areas along with the following budget amendment to appropriate the additional funds: Debit - Acct. 1/31 650 18, M & R - Other Improvements Credit - Acct. #31 650 72, Capital Outlay - Buildings $ 4,695 $ 4,695 DESIGNATION OF ACTING COUNTY MANAGER The County Manager's designation of Gary Cannon, Assistant County Manager, to perform the duties and exercise the powers of the County Manager during his absence or disability was confirmed. RATIFICATION OF APPOINTMENT, TO HUMAN RELATIONS COMMISSION The appointment of Burton G. Womble, Personnel Manager of Babcock and Wilcox Company, to the Human Relations Commission as a representative of the Lower Cape Fear Personnel Association replacing the representative from the Wilmington Merchant's Association was ratified.! AMENDMENT TO COUNTY PERSONNEL POLICY - RETIREMENT SYSTEM ENROLLMENT The following amendment to the County Personnel Policy concerning enroll- ment in the Retirement System was approved: Article IV, Section 10. Probationary Period of Employment (b) All new employees who are not enrolled in a retirement system that is transferrable to the Local Governmental Employees' Retirement System or the Law Enforcement Officers' Benefit and Retirement Fund, will not be eligible for enrollment into either system until they have been employed six months or until they have suc~essfully completed their probptiorary period. (RESCINDED 4/21181. See page 807 for correctwn. CONCESSION AGREEMENT - TRASK PARK An Agreement with Mr. James W. Wishon to operate a concession stand at Trask Park from April 1 through September 11, 1981, was approved. ADIHTION OF TENNESSEE AVE. AND SECOND AVE. IN WILMINGTON BEACH TO STATE SYSTEM The SR-2 Resolution requesting the addition of Tennessee Avenue and Second Avenue in Wilmington Beach Subdivision to the State Secondary Road System was adopted. A copy of the Resolution is on file in the Clerk's Office. 796 MINUTES OF REGULAR MEETING, APRIL 6, 1981 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) RESOLUTION AUTHORIZING SIGNATURE OF CAPE FEAR TECH CHECKS The following Resolution was adopted delegating to an employee of Cape Fear Technical Institute the authority to cosign warrants for disbursement of local public funds for that institution and relieving the County Finance Officer of that responsibility: WHEREAS, The New Hanover County Board of Commissioners wishes to relieve the New Hanover County Finance Officer of the responsibility of countersigning warrants, for disbursement of local public funds received by or credited to Cape Fear Technical Institute as required in G. S. 115D-48, and o WHEREAS, G. S. 115D-48 contains a provision for the delegation of this responsibility by designating an employee of the institution to cosign warrants for the disbursement of local public funds, thus relieving the County Finance Officer of that responsibility, by a formal resolution of the County Commissioners and recorded in the County Commission Minutes and with the approval of the Board of Trustees of the Institution, NOW, THEREFORE, BE IT HEREBY RESOLVED THAT, The New Hanover County Board of Commissioners delegates to Cape Fear Technical Institute President, M. J. McLeod, and Dean of Fiscal Affairs, S. C. Coleman, the authority to cosign warrants for disbursement of local public funds for that institution, thereby relieving the New Hanover County Finance Officer of that responsibility. ADOPTED this 6th day of April, 1981; BUDGET AMENDMENT - TAX REVALUATION/REAPPRAISAL RESERVE The following amendment in the Tax Revaluation/Reappraisal Reserve Account to transfer funds back to the Reserve Account for Revaluation was approved: o Debit - Acct. 1111 455 02, Salaries & Wages $3,600 Acct. 1/11 455 10, Auto Allowance 4,100 Acct. 1173 397 11, Transfer from General 7,700 Credit - Acct. 1111 455 97, Transfer to Reappraisal $7,700 Acct. 1173 575 11, Transfer to General 7,700 BUDGET AMENDMENT - SOCIAL SERVICES/PUBLIC ASSISTANCE The following amendment in the Social Services/Public Assistance budget to set up records for the conversion of formerly leased equip- ment being purchased under installment payments: Debit - Acct. /141 609 22, Equipment Rent $24,766 Acct. 1/21 397 12, Transfer from Public Assist. 24,766 Credit - Acct. /141 609 90, Transfer to Debt Service $24,766 Acct. /121 575 87, Payments on Leased Equip. 24,766 BUDGET AMENDMENT - ADMINISTRATION The following amendment in the Administration budget to cover expenses through June 30, 1981 was approved: Debit - Acct. 1/11 445 61, Contingencies Credit - Acct. #11 420 14, Travel, Meetings & Schools Acct. #11 420 33, Miscellaneous Supplies $ 1,500 $ 1,000 500 o BUDGET AMENDMENT - GOVERNING BODY The following amendment in the Governing Body budget to cover expenses through June 30, 1981, was approved: Debit - Acct. #11 445 61, Contingencies Credit - Acct. #11 410 14, Travel, Meetings & Schools $ 8,000 $ 8,000 797, ,. '\' MINUTES OF REGULAR MEETING, APRIL 6, ,1981 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) r'l I ; ., BUDGET AMENDMENT - ENGINEERING AND PACILITIES The following amendment in the Eng{neering & Facilities budget to cover the cost of hiring a director earlier than anticipated when the budget was approved for 1980/81: Debit - Acct. 1111 537 02, Salaries & Wages $11 ,000 Acct. 1111 537 OS, FICA 700 Acct. 1111 537 06, Group Insurance 315 Acct. 1111 537 07, Retirement 615 '0 Credit - Acct. 1111 536 02, Salaries & Wages $11 ,000 Acct. 1111 536 OS, FICA 700 Acct. 1111 536 06, Group Insurance 315 ' Acct. 1111 536 07, Retirement 615 BUDGET AMENDMENT - WATER & SEWER CONSTRUCTION The following amendment in the Water and Sewer Construction Account to establish a fund for the Flemington Water System: Debit - Acct. 1164 351 00, Water Revenue-W.R. Grace $ 1,960 Acct. 1164 351 00, Water Revenue-W.R. Grace 1,400 Credit - Acct. 1164 575 33, Materials & Supplies $ 1,000 Acct. 1164 575 17, System Maintenance 800 Acct. 1164 575 22, Communications Expense 160 Acct. 1164 575 13, Utilities 1,400 CHANGE OF DATE - SECOND MEETING IN APRIL The date of the second meeting in April was changed from Monday, April 20, to Tuesday, April 21, at 9:00 A.M. and the date of the Board of - Equalization and Review meeting was' changed from April 20 to April 21 at 11:00 A.M. because Monday, April 20, was Easter Monday and a County holiday. ,0 AMENDMENT EXTENDING SNOW'S CUT PARK INTERIM LEASE The County Manager was authorized ,to execute an Amendment extending the interim lease On Snow's Cut Park for 6 months to allow more time to work out the details on the 25 year lease. PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of Commissioners of New Hanover County on Monday, April 6, 1981, at 7:00 P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER ,A REQUEST TO REZONE PROPERTY (APPROXIMATELY 12 ACRES) LOCATED ON THE WEST SIDE OF BLUE CLAY ROAD, APPROXIMATELY 1418 FEET NORTH OF KERR AVENUE FROM AN R-20 (RESIDENTIAL) DISTRICT TO AN 1-2 (INDUSTRIAL) DISTRICT Planning Director Dexter Hayes gave the background information on this request and reported that the Planning Board had considered the rezoning at its meeting on March 5, 1981, and recommended approval. Chm. O'Shields asked if there was anyone present to speak in favor of this rezoning request, and Mr. Addison Hewlett, Jr., attorney for the petitioner, appeared before the Board to answer questions and request approval. o Chm. O'Shields asked if there was anyone present to speak in opposition, and the following persons appeared in opposition: Mr. J. C. Doyle, a resident of Holland Drive presented a petition signed by residents of the area who were opposed to the rezoning. Mrs. Trudy Van Luyn Mr. Raiford Trask, Sr., the petitioner, commented. Mr. Bob Van Luyn commented. Comm. Gottovi MOVED, SECONDED by Comm. Barfield, to deny the request for 1-2 zoning and recommend the property be considered for I-I zoning. Upon vote, the motion carried UNANIMOUSLY. 798 MINUTES OF REGULAR MEETING, ,APRIL 6, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY (APPROXIMATELY 3.8 ACRES) LOCATED APPROXIMATELY 200 FEET SOUTHEAST OF THE SHIPYARD BLVD./SOUTH 17TH STREET INTERSECTION FROM AN R-15 (RESIDENTIAL) DISTRICT TO A B-1 (BUSINESS) DISTRICT) Planning Director Dexter Hayes gave the background information on this request and reported that the Planning Board had considered the rezoning at its meeting on March 5, 1981, and recommended approval. Chm. O'Shields asked if there was anyone present to speak in favor of this rezoning and no one appeared. Chm. O'Shields asked if there was anyone present to speak in opposition to the rezoning, and no one appeared in opposition. o Upon MOTION by Comm. Gottovi, SECONDED by Chm. O'Shields, the rezoning was approved and the "Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area 9-B of New Hanover County, North Carolina, Adopted August 14, 1972," was UNANIMOUSLY adopted. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 9-B, Page 38. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 7.9 ACRES) LOCATED ON THE WEST SIDE OF HWY. 421, APPROXIMATELY 500 FEET SOUTH OF BARNARD'S CREEK FOR A PRIVATE CLUB/LODGE IN AN R-15 (RESIDENT- IAL) DISTRICT. Planning' Director Dexter Hayes gave the background information on this application and reported that the Planning Board had considered this request at its meeting on March 5, 1981, and recommended approval with certain conditions. Chm. O'Shields asked if there was anyone present to speak in favor of this application, and, Mr. Joe Long, Governor of the Moose Lodge" the applicant, was duly sworn and answered questions from the Commdssioners and Planning Director. Chm. O'Shields asked if there was anyone present to speak in opposi- tion, and, no one appeared in opposition. o Upon MOTION by Comm. Blake, SECONDED by Comm. Barfield, the following Order Granting the Special Use Permit was UNANIMOUSLY adopted: The County Commissioners for New Hanover County having held a public hearing on April 6, 1981 to consider application number S-164 3/81, sub- mitted by,Wilmington Moose Lodge 1/343, a request for a special use permit to use the property located at west side of Hwy. 421, approximately 500 feet south of Barnard's Creek for a Private Club/Lodge, and having heard all the evidence and argument ,presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-12,of the County Zoning Ordinance will be satisfied if the property is developed in,accordance with the plans sub- mitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the 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., the Commissioners make the follow- ing FINDINGS OF FACT: 1.A volunteer fire company exists near the site. 2.Traffic generated by the proposed use will not threaten the capacity of Hwy. 421. 3.The Snack Bar will only be utilized when a league ball game is being held. o 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS of FACT: 1.The proposed use is a permitted use in the R-15 district. o o o '.'_', :"'1";; .'<.' MINUTES OF REGULAR MEETING, APRIL 6, 1981' (CONTINUED) 799 ,.11\;1 , I PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 7.9 ACRES) LOCATED ON THE WEST SIDE OF HWY. 421, APPROXIMATELY 500 FEET SOUTH OF BARNARD'S CREEK FOR A PRIVATE CLUB/LODGE IN AN R-15 (RESIDENTIAL) DISTRICT. (CONTINUED) 2. Seventy-two (72) parking spaces are provided in accordance with Sections 80 & 81 of the Zoning Ordinance. 3. The Site is 7.9 acres in area satisfying requirements of Sect. 72-12 of the Zoning Ordinance. 4. The proposed lodge has side yards of 80 feet and 107 feet; a front yard of 115 feet and a rear yard of 3800 feet in accordance with Section 72-12 of the Zoning Ordinance. 5. The proposed snack bar is located 700 feet from the main structure in accordance with Section 62 of the Zoning Ordinance. 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 not 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 following FINDINGS OF FACT: 1. The proposed use is in conformity with existing uses of adjacent properties. 2. Proposed improvements will enhance the value of the property. 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 conformity.with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. The New Hanover Rescue Squad borders the property to the North. 2. Residential uses adjoin the property to the south and east. 3. County Growth Policies encourage the development of indoor and outdoor recreational facilities to enable residents to make constructive use of their leisure time. 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 con- ditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. 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 shall become void and of no effect. c) Other: 1. Driveway entrances on U. S. Hwy. 421 shall be approved by the NC Dept. of Transportation. 2. Internal drives and off-street parking spaces shall be adequately marked. 3. Parking area shall be improved with marl or comparable base material 4. A natural buffer at least 10 feet in width shall be retained on the south side of property. 5. Compliance with any other applicable Federal, State or local ordinances. Ordered this 6th day of April, 1981. 80.0' MINUTES OF REGULAR MEETING,' APRIL 6, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING BOARD TO DENY A ZONING ORDINANCE TEXT AMENDMENT TO AMEND SECTION 50-2, TAB- ULATION OF PERMITTED USES, BY ADDING STONE, CLAY, GLASS & CONCRETE PRODUCTS AS A PERMITTED USE IN AN AI (AIRPORT INDUSTRIAL) DISTRICT. Planning Director Dexter Hayes gave the background information on this amendment and reported that it was considered by the Planning Board at its meeting on March 5, and they recommended denial. Chm. O'Shields asked if there was anyone present to speak in favor of this amendment,' and Mr. Addison Hewlett, Jr., Attorney for the petitioner, appeared before the Board to answer questions and request approval. The operator of the proposed business answered questions from the Commissioners. o Mr. Raiford Trask, Jr., the property owner commented. Comm. Blake MOVED, SECONDED by Chm. O'Shields, to amend the Zoning Ordinance Text as requested. Upon vote, the motion was DEFEATED AS FOLLOWS: Voting Aye: Voting Noe: Comm. Blake and Chm. O'Shields Comm. Armistead, Barfield and,Gottovi BREAK Chm. O'Shields recessed the meeting for a break from 8:26 o'clock PM until 8:42 o'clock PM. REQUEST FOR ENDORSEMENT OF MASONBORO ISLAND AS AREA OF ENVIRONMENTAL CONCERN At the meeting on March 2, Comm. Gottovi had requested that the Commissioners endorse the Coastal Resoprce Commission's proposal to designate Masonboro Island as an Area of Environmental Concern. Action on the request was postponed to the first meeting in April in order that the property owners could be notified. Mr. Addison Hewlett, spokesman for the property owners of the island, appeared before the Board to request that no action be taken in this matter. o Comm. Gottovi commented on the possibility of the Coastal Resources Commission requesting that the island be acquired for an estuarine sanctuary and MOVED, SECONDED by Comm. Armistead, that no action be taken by the Board at this time. Upon vote, the motion carried UNANIMOUSLY. APPROVAL OF LAW ENFORCEMENT CENTER ARCHITECT'S STATEMENT FOR ADDITIONAL SERVICES Mr. Herb McKim, Architect for the Law Enforcement Center, appeared before the Board to answer questions on his statement for additional services. County Manager Cooper commented. Comm. Armistead MOVED to pay Ballard, McKim and Sawyer the total amount of money as listed on the revised statement which was $14,214.36 and transfer the funds from Contingencies in the Law Enforcement Center and transferred to the Architect's account. Mr. Mc~~m commented further. Comm. Armistead revised his MOTION, SECONDED by Comm. Gottovi, to,pay the total' figure on the March 5 statement which would be $27,791.93 less' th~,amount of deduction agreed upon for repairs at a previous meeting and transfer the funds from Contingencies in the Law Enforcement Center Account to the Architect's Account. Upon vote, the motion carried UNANIMOUSLY. o ALTERATION AND ADDITION FUNDS FOR CAPE FEAR TECH Mr. Charles Coleman of Cape Fear Technical Institute appeared before the Board to explain and answer questions on the request for funds to enlarge and renovate the Student Affairs and Evening- Programs Departments. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the request from Cape Fear Tech for funds to enlarge and renovate the Student Affairs and Evening Programs Departments along with the following budget amendment...., to appropriate the funds was 'UNANIMOUSLY approved: o o. o MINUTES OF REGULAR MEETING, APRIL 6, 1981 (CONTINUED) 801 , ~ : ALTERATION AND ADDITION FUNDS FOR CAPE FEAR TECH (CONTINUED) Debit - Acct. 1/6204, Salaries - Maintenance Contribution from New Hanover #77 575 80, Contingencies #11 397 77, Transfer from LEC #6224, Repairs - Motor Vehicles #9151, Alterations and Additions #77 575 89, Transfer to General #11 664 91, Contribution CFTI $ ( 800) Co. (25,000) $25,000 25,000 $ 800 25,000 $25,000 25,000 Acct. Acct. Credit - Acct. Acct. Acct. Acct. FUNDING REQUEST - SHERIFF'S DEPARTMENT Sheriff Radewicz and Deputy R. H. Davis appeared before the Board to request funds to repair the roof of the Sheriff's Department Training Building at the Range. County Manager Cooper commented on the history of the building. Comm. Blake MOVED to authorize Mr. Cooper, at his discretion, to repair the roof in an'amount not to exceed $500. The motion died for lack of a second. The following persons commented: Capt. Larry Hayes of the Sheriff's Department Lt. J. W. Willie of the Sheriff's Department Comm. Gottovi MOVED to put the matter back on the Agenda for the next meeting. By common consent action was tabled until the meeting of April 21 in order for the County Manager and Sheriff to furnish additional information on the repairs and the use of the building. RENEWAL OF PIN CONTRACT Sheriff Radewicz and Capt. Evans of the Sheriff's Department appeared before the Board to answer questions on the renewal contract for the PIN terminal. Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, the Chairman was authorized to execute the Agreement renewing the Contract with the Dept. of Justice and increasing the monthly rental on the Police Information Network Terminal from $175. to $200. effective July 1, 1981. LIBRARY PROJECT CHANGE ORDERS Mr. John Jefferies, Architect for the Library Construction Project, appeared to explain several change orders and request approval by the Board. He recommended that the County officially take over the building effective the first of March, that the 12 month guaranty period would start at that time and the insurance and utility bills would start at that time, and in so doing, he also recommended that the contract time be extended from the original con- tract time of February 10 to March 1, 1981. Comm. Gottovi MOVED, SECONDED by Comm. Barfield, to approve the March 1 date as the time the County took over the Library and approve Change Orders G-8, HAC-2, E-4 and P-3 as requested and that final payment not be made until such time as final inspection had been made. Upon vote, the motion carried UNANIMOUSLY. Comm. Gottovi MOVED, SECONDED by Comm. Barfield to approve Change Orders E-3 and G-7 for the Library project. Upon vote, the motion carried UNANIMOUSL~. Comm. Gottovi MOVED, SECONDED by Chm. O'Shields, to approve the rest of the Library Change Orders ($2,000 added to the elevator contract for additional work and $1,523 for additional architectural services for landscape design). Upon vote, the motion carried UNANIMOUSLY. < VOLUNTEER RECOGNITION Personnel Officer Andre' Mallette explained the request to sponsor a reception recognizing 'the efforts of volunteers in the various County agencies, to proclaim the week of April 26, 1981 - May 3, 1981, as National Volunteer Week, approve and sign the letter inviting the volunteers and approve the appropriation of $500 for refreshments and invitations. 802 MINUTES OF REGULAR MEETING, APRIL 6, 1981 (CONTINUED) VOLUNTEER RECOGNITION (CONTINUED) Ms. Diane Avery, Community Schools Coordinator commented. Comm. Gottovi MOVED, SECONDED by Comm. Blake, to approve the request and the budget transfer of $500 from Contingencies to appropriate the funds. Upon vote, the motion carried UNANIMOUSLY. COUNTY ATTORNEY'S OFFICE County Attorney Fox commented on the information he had furnished to the Commissioners concerning the establishment of a County Attorney's office. After discussion between the Commissioners and the County Attorney, Comm. Armistead MOVED, SECONDED by Comm. Blake, that the County hire a full- time County Attorney and instruct the County Manager to start advertising for this position that, hopefully, could be filled by July 1, and that the relationship with Mr. Fox and his firm be continued as needed. Upon vote, the motion carried UNANIMOUSLY. o AGREEMENT WITH D. R. ALLEN & SON ON HOSPITAL EXPANSION Comm. Armistead explained the Agreement with D. R. Allen & Sou, Inc. concerning the additions and renovations to the hospital and MOVED, SECONDED by Comm. Barfield, to authorize the Chairman to execute the Agreement between the County and D. R. Allen & Son, Inc. and authorize the County Manager to release the $10,000 retainer when requested to do so by the Hospital Admin- istrator. Upon vote, the motion carried UNANIMOUSLY. LETTER OF INTENT FOR WORKMAN'S COMPENSATION SELF-INSURANCE Chm. O'Shields explained the background on his request for the County to pursue a Self-Insurance Program for Workman's Compensation. County Manager Cooper commented. Comm. Armistead MOVED, SECONDED by Comm. Gottovi, to file a letter of intent to go with the self-insurance for workman's compensation. Upon vote, the motion carried UNANIMOUSLY. o ADOPTION OF 'ROAD CLOSING ORDINANCE AMENDMENT At the meeting of January 5, 1981, the Commissioners had instructed the County Attorney to prepare an Ordinance to close certain roads and easements in the County. County Attorney Fox commented on the amendments to the existing Ordinance that he had prepared and forwarded to the Commissioners. Mr. Ken Toussaint commented. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the following Amendment to Chapter 14 of the New Hanover County Code was UNANIMOUSLY adopted: Article II. Closure of Roads, Easements as follows: Sec. 14-16. Scope In order to define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety or welfare of the citizens of New Hanover County (hereinafter "County"), and the peace and dignity of the County, and to define and abate nuisances, the Board of Commissioners of County does herewith ordain the following ordinance governing the closing of streets, roads and easements within its territorial jurisdiction. o 1. Except as hereinafter limited, the County may permanently close: (a) Any public road or easement (b) Any road or easement which is the subject of an offer of dedication to the public, but which offer of dedication has not been accepted in some recognized legal manner by proper public authority. 2. This ordinance does not: (a) Authorize the County to regulate or control vehicular or pedestrian traffic on a street or highway under the control of the Board of Transpprtation, nor to regulate or control any right of way or right of passage belonging to a public utility, electric or telephone membership corp- oration, or public agency of the state. (b) Authorize the County to regulate or control a highway right of way in a manner inconsistent with State law or an ordinance of the Board of o o o 803 MINUTES OF REGULAR MINUTES, APRIL 6, 1981 (CONTINUED) ADOPTION OF ROAD CLOSING ORDINANCE AMENDMENT (CONTINUED) Transportation. (c) Apply to public roads or easements for public roads under the control and supervision of the Department of Transportation. , (d) Apply to any road, street or 'easement within a city or municipal corporation situated within the County. Sec. 14-17 Initiation of Proceedings The Board of Commissioners shall first adopt a resolution declaring its intent to close the road or easement and calling a public hearing on the question. The Board shall cause the resolution to be published once a week for four successive weeks before the hearing, a copy of the resolution to be sent by registered or certified mail to each owner as shown on the County tax records of property adjoining the road or easement who did not join in the request to have the road or easement closed, and a notice of the closing and public hearing to be prominently posted in at least two places along the road or easement. At the hearing, the Board shall hear all interested persons who appear with respect to whether the closing would be detrimental to the public interest or to any individual property rights. If, after hearing, the Board of Commissioners is satisfied that closing of the road or easement is not contrary to the public interest and no individual owning property in the vicinity of the road or easement or in the subdivision in which it is located would thereby be deprived of reasonable means of ingress and egress to his property, the Board may adopt an order closing the road' or easement. A certified copy of the order (or judgment of the Court) shall be filed in the office of the Register of Deeds of the County. Sec. 14-18 Appeal 1. Any person agrieved by the closing of a road or easement may appeal the Board of Commissioners' order to the appropriate division of the General Court of Justice within thirty (30) days after the day the order is adopted. The Court shall hear the matter de novo and has jurisdiction to try the issues arising and to order the road or easement closed upon proper findings of fact by the trier of fact. 2. No cause of action founded upon the invalidity of a proceeding taken in closing a road or easement may be asserted except in an action or proceeding begun within thirty (30) days after the day the order is adopted. Sec. 14-19 Transfer of Ownership Upon the closing of a road or easement pursuant to this Ordinance, all right, title and interest in the right of way is vested in those persons owning lots or parcels of land adjacent to the road or easement, and the title of each adjoining land owner for the width of his abutting land, extends to the center line of the road or easement. However, the right, title or interest vested in an adjoining landowner by this paragraph remains subject to any public utility use or facility located on, over, or under the road or easement immed- iately before its closing, until the landowner or any successor thereto pays to the utility involved the reasonable cost of removing and relocating the facility. Sec. 14-20 1. or easement Application This ordinance governs described herein. the application for the closing of any road' 2. The proposed closing of any road or easement, as defined herein, may be initiated by the Board of Commissioners, or any agencies thereof, the New Hanover Planning Department, or by anyone or more interested parties. The latter shall initiate a proposed closing by filing an application and petition with the Planning Department. 3. The application for the closing of any road or easement shall contain the name and address of the petitioner(s), the official name, if any of the road or easement proposed to be closed, the metes and bounds description of the road or easement, or portion thereof, proposed ,to be closed, the name arid address of all property owners adjoining such metes and bounds description of said road or easement as shown on the County tax records, as extended in each direction therefrom to the next ensuing intersection of said road or easement with another road or easement as defined herein or to its termination. 804 MINUTES OF REGULAR MEETING; APRIL 6, 1981 (CONTINUED) ADOPTION OF ROAD CLOSING ORDINANCE AMENDMENT (CONTINUED) Sec. 14-21 Petition A petition shall be attached to the application,for the closing of a road or easement under this ordinance containing the names, addresses and signatures of all the property owners adjacent to the right of way requesting the road closing, as shown on the county tax records. Sec. 14-22 Fee A fee shall be paid to the County by the petitioner(s) or the designated representatives of the petitioner(s), upon final action by the County Commissioners to cover the cost of advertising and other adminis- trative expenses involved for closing of a road or easement. o Sec. 14-23 Recommendation of Planning Department The Planning Department shall consider and make recommendations to the Board of County Commissioners concerning each proposed closure of a road or easement under the provisions of this ordinance. Sec. 14-24 Action by County Commissioners After receiving the recommendations of the Planning Department, the Board of Commissioners may permanently close a road or easement, as defined herein, pursuant and in conformity with this ordinance. This Ordinance shall be in full force and effect on April 7, 1981. RESOLUTION CONCERNING LEGISLATION AFFECTING CAMA REGULATIONS Comm. Gottovi explained the effects of current proposed legislation on CAMA regulations and upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the following Resolution was UNANIMOUSLY adopted: WHEREAS the Coastal Area Management Act has provided necessary but streamlined regulation of Coastal development, the results of which have proved to be beneficial to the health, safety and well being of the pop- ulace, and has resulted in responsibility for land use planning to remain at the local level, reimbursement to local governments for the adminis- tration of these regulations, and protection of the public's right of access to oceanfront areas, and o WHEREAS two bills known as Senate Bill 232 and Senate Bill 233 have been introduced into the North Carolina General Assembly which will drastically affect the structure and operation of the Coastal Area Management Act regulations in New Hanover County, THEREFORE BE IT RESOLVED THAT the New Hanover County Board of Commissioners recommends that the legislature direct further study on the implications of Senate, Bill 232, AND BE IT ALSO RESOLVED THAT the New Hanover County Board of Commissioners disapproves of the intent of, Senate Bill 233, and requests that the existing Coastal Area Management Act be continued. Adopted by the New Hanover County Board of Commissioners this 6th day of April, 1981. AMENDMENTS TO 'AGREEMENT WITH MUNICIPALITIES FOR TAX COLLECTION Comm. Armistead MOVED, SECONDED by Comm. Blake, to authorize the Chairman to execute the Agreements between the County and the Municipal- ities within the County increasing the amount charged for tax collection from 1~% to 2% annually. Upon vote, the motion carried UNANIMOUSLY. CAPITAL PROJECT ORDINANCE - SANITARY LANDFILL Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the' . following Capital Project Ordinance for a Sanitary Landfill was UNANIMOUSLY adopted: o BE IT ORDAINED, by the Board of Commissioners of New Hanover County: WHEREAS: 1. New Hanover County (County) is engaged in the purchase of land and proper development for a landfill site which capital project involves the construction or acquisition of a capital asset. o o o 805 MINUTES OF REGULAR MEETING, APRIL 6, 1981 (CONTINUED) , CAPITAL PROJECT ORDINANCE - SANITARY LANDFILL (CONTINUED) 2. County desires to autho~ize ~nd budget for said capital project in a project ordinance adopted pursuant 'to North Carolina General Statute S 159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North' Carolina General Statute S 159-13.2. 2. The capital project undertaken pursuant to this ordinance is" the purchase of land and proper development for a landfill site, which project is herewith authorized. 3. The revenue that will finance said project is State Grant Bond Anticipation Notes User Fees $ 195,000 900,000 295,000 $1,390,000 TOTAL 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Engineering and Construction Land Cost $ 390,000 1,000,000 $1,390,000 TOTAL 5. This project ordinance shall be entered in the minutes of the Board of Commissioners. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners. Adopted this 6th day of April, 1981. The County Manager commented on the site that was being tested for the proposed landfill. Comm. Armistead MOVED, SECONDED by Comm. Blake, that the County Manager be instructed to file a Special Use Permit Application for the operation of a landfill site in an I~2 zone in the specified place that he had mentioned. Upon vote, the motion carried UNANIMOUSLY. APPOINTMENTS TO NURSING HOME ADVISORY COMMITTEE Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, the following persons were UNANIMOUSLY reappointed to the Nursing Home Advisory Committee for full three-year terms: Mrs. Helyn Lofton Mrs. Marsha Eichenberg Cook OPPOSITION TO INCORPORATION OF NORTH WILMINGTON Chm. O'Shields MOVED, SECONDED by Comm. Armistead, to oppose the bill that had been submitted to the Legislature to incorporate an area called North Wilmington. Upon vote, the motion carried UNANIMOUSLY. REQUEST FOR INFORMATION ON KURE BEACH ABC BILL Chm. O'Shields commented on the bill that had been submitted to the Legislature at the request of Kure Beach concerning the distribution of the ABC profits. By common consent, it was agreed to request information from the ABC Board on the amount of funds involved. DISCUSSION ON ENGINEERING ASSISTANCE BY AICHE At the meeting of March 16, Comm. Barfield had submitted an offer from the American Institute of Chemical Engineers to assist the Solid Waste Advisory Task Force, and reiterated his request that they be contacted to see how they could help the committee. 806 gc(., MINUTES OF REGULAR MEETING, APRIL 6, 1981 (CONTINUED) REQUEST TO REMAIN IN 7TH CONGRESSIONAL DISTRICT By common consent, the Commissioners directed the Chairman to send a letter to Senator Robert Jordan, who was ,chairman of a subcommittee on redistricting, enclosing an excerpt of the meeting of March 16 showing the Board's action requesting that New Hanover County remain in the 7th Con- gressional District. APPLICATION FOR WATER BOND FUNDS Comm. Armistead MOVED, SECONDED by Comm. Gottovi, that the Chairman be authorized to sign the application for FmHA Water Bond Funds. Upon vote, the motion carried UNANIMOUSLY. DISCUSSION ON EFFECTS OF CITY OF WILMINGTON ANNEXATION ON SALES TAX DISTRIBUTION 0 The County Manager presented an analysis of the effects that the City of Wilmington's annexation would have on the distribution of sales tax revenues in the County. By common consent, it was agreed to have this matter on the agenda for discussion at the meeting of April 21. EROSION CONTROL FUNDING FOR CAROLINA BEACH The County Manager commented on the request from Carolina Beach for emergency erosion control funding. Comm. Armistead MOVED, SECONDED by Comm. Blake, to honor the original request from Carolina Beach of $329,680, reduced by the $15,000 previously committed for the sandbag project, the $27,240 presently being requested, and any additional amounts authorized through June 30, 1981, and no additional berm and dune funds be budgeted for Carolina Beach for FY 1981/82 as recommended by the County Manager. Upon vote, the motion carried UNANIMOUSLY. EXECUTIVE SESSION Comm. Armistead MOVED, SECONDED by Comm. Gottovi, that the meeting be recessed to Executive Session to discuss attorney/client matters and personnel matters. Upon vote, the motion carried UNANIMOUSLY. Chm. O'Shields recessed the meeting to Executive Session at 11:29 o'clock P.M. Chm. O'Shields reconvened the meeting to Public Session at 11:45 o'clock P.M. o ADJOURNMENT Comm. Armistead MOVED, SECONDED by Comm. Blake, that the meeting be adjourned. Upon vote, the motion carried UNANIMOUSLY. Chm. O'Shields adjourned the meeting at 11:45 o'clock P.M. Respectfully submitted, ~~( -,&. p<~.. H..~.,IL Alyce B. Rusmisell Clerk to the Board MINUTES OF REGULAR MEETING, APRIL 21, 1981 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, April 21, 1981, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. (The meeting was changed from Monday, April 20, 1981, due to the Easter Monday Holiday. ) Members present were Commissioners Howard L. Armistead, Jr.; Jonathan Barfield; Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields, Jr.; County Manager G. Felix Cooper; Attorney Joseph O. Taylor, Jr. of the County Attorney's Office; and Clerk to the Board, Alyce B. Rusmisell. No members were absent. o Chm. O'Shields called the meeting to order. Rev. John James Ormond of St. Paul's Episcopal Church offered the invocation.