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1978-05-01 Regular Meeting 198, /9 tJ' ' MINUTES OF REGULAR MEETING, APRIL 17, 1978 (CONTINUED) EXTENSION OF LANDFILL CONTRACT WITH WASTE INDUSTRIES Comm. Alper moved, seconded by Comm. Gottovi, that due to circumstances beyond control, the Landfill Contract with Waste Industries, Inc. be extended for one more year at the existing rate of $.96 per cubic y~rd. Upon vote, the motion carried unanimously. ADJOURNMENT Comm. Alper moved, seconded by Comm. Gottovi, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned the meeting at 11:21 o'clock a. m'.'.. o Respectfully submitted, a~~c< ;I$.k~ Alyce B. Rusmisell Clerk to the Board Mr MINUTES OF REGULAR MEETING, MAY 1, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Regular, Session on Monday, May 1, 1978, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administra- tion Building, Wilmington, North Carolina. Members present \,!ere Commissioners George E. Alper; Karen E. Gottovi;tiEllen C. Williams; Vivian S. Wright, Chairman Claud O'Shields, Jr., County Manager Dan W. Eller; Attorney Joseph O. Taylor, Jr. of the County Attorney's Office, and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Chm. O'Shields called the meeting to order. o Rev. N. W. Daniels of Price Cathedral AME zion Church offered the invocation. APProVAL OF MINUTES: REGULAR MEETING, APRIL 17, 1978 Upon motion by Comm. Wright, seconded by Comm. Williams, the Min~tes of the Regular Meeting of April 17, 1978, were unanimously approved as presented. PROCLAMATION - FAMILY CAMPING MONTH Comm. Wright moved, seconded by Comm. Williams, that the Chairman be authorized to sign a proclamation proclaiming the month of Mayas Family Camping Month. Upon vote, the motion carried unanimously. A copy of the proclamation is contained in Exhibit Book V, Page 78. RETIREMENT OF COUNTY EMPLOYEES Chm. O'Shields presented medallions of the County Seal to Capt. Paul Wolfe upon his retirement from the New Hanover County Sheriff's Department and Mr. George Shepard' upon his retirement from the New Hanover County Garage. APProVAL OF AIRPORT GRANT AGREEMENTS Mr. W. E. Edwards, Chairman of the Airport Commission, and Mr. R. C. Shackelford, Jr., Airport Manager, appeared before the Board to explain the two grant agreements and requested the commissioners to adopt resolutions authorizing the Chairman to execute the agreements. Comm. Alper moved, seconded by Comm. Williams, adoption,of the Resolution approving 0 the Grant Agreement in the amount of $18,800 to prepare updated Exhibit A Property Map and construct general aviation apron expansion with associated edge lighting and flood- lighting. Upon vote, the motion carried unanimously. Comm. Alper moved, seconded by Comm. Gottovi, adoption of the Resolution approving the Grant Agreement in the amount of $2,750 to update the Airport Layout Plan and conduct an approach and obstruction survey. Upon vote, the motion carried unanimously_ A copy of the Resolutions are contained in-EXhil:>ij: Book V,,'>Bage 79, and a copy of the Agreements are on file in the County Manager's Office. o o o 199 MINUTES OF REGULAR MEETING, MAY 1, 1978 (CONTINUED) AUTHORIZATION FOR AIRPORT COMMISSION TO SELL TIMBER Mr., W. E. 'Edwards, Chairman of the Airport Commission, and Mr. 'R. C'., Shackelford, Jr., AirPort Manager, requested authoritY,to advertise for bids to, sell timber on certain portions of Airport property. The Commissioners had been furnished copies of maps outlining the areas on which the timber was located. Comm. Wright moved to authorize the sale of the timber. Comm. Williams moved, seconded by Comm. Wright, to autho:d:ze the sale of the timber through negotiated offer advertised for upset bids. Upon vote, the motion carried unanimously. DISPOSAL OF BUILDING ON AIRPORT PROPERTY Mr. W. ,E. Edwards, Chairman of the Airport Commission, and Mr. R. C. Shackelford, Jr., Airport Manager, requested permission to dispose of the old NCO Club Building on Airport property. The Commissioners had been furnished copies of correspondence from Mr. Dennis Anderson of McAnderson's, Inc. who wished to purchase the building. Comm. Wright moved, seconded by Comm. Williams, to approve the sale of the old NCO Club Building through a negotiated offer and advertisement for upset bids. Upon vote, the motion carried unanirrously. PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of Commis- sioners of New 'Hanover County on Monday, -May 1, 1978, at '9:30 a. m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTH SIDE OF WRIGHTSVILLE AVENUE APPROXIMATELY 150 FEET EAST OF WALLACE AVENUE FROM R-15 (RESIDENTIAL DISTRICT) TO 0 & I (OFFICE & INSTITUTIONAL DISTRICT). Mr. Charles Lilley, Senior Planner, reported to the Board that this rezoning request had been considered by the Planning Commission at its meeting in April and both the Planning Commission and Planning Staff recommended approval. Chm. O'Shields asked and Mr. Charles Collini, if there was anyone present to speak 'in favor agent for the petitioner, appeared to request of this request approval. ChID. O"Shields asked if there was anyone present to speak in' opposition and no one appeared. comm. Wright moved, seconded by Comm. Alper, approval of the rezoning and adoption of the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #9B of New Hanover COunty, North Carolina adopted July 1, 1972". Upon vote, the motion carried unanimously. A copy of the ordinance as adopted and signed is contained in Exhibit Book V, Section 9B, Page 32. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE NORTH SIDE OF MARKET STREET EXTENSION 200 FEET WEST OF STATION ROAD FOR AN AUTO- MOBILE PAINT AND BODY SHOP IN A B-2 (BUSINESS DISTRICT). Mr. Charles Lilley, Senior Planner, reported to the Board that this request had been considered by the Planning Commission at its meeting in April and both the Planning commlssion.and Pl~nning Staff had recommended approval. ChID. O'Shields asked if there was anyone present to speak in favor of this request and Mr. Durwood McDaniel, the petitioner, appeared to request approval. No' one appeared in opposition. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health'or safety if located where proposed and developed according to the plan ,as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not 'substantially injure the value of adjoining or abutting property, or the use was a public necessity; and (d) that ,the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which'it was to be located and in general conformity with the plan of development for New Hanover County, 'Comm. 'Alper moved,,,"sec;'nded by Comm. Gottovi, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion carried unanimously. 200 ..;L 0 0 MINUTES OF REGULAR MEETING, MAY 1, 1978 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED 3000 FEET WEST OF HIGHWAY 421 IN THE FLEMINGTON AREA FOR A SANITARY LANDFILL IN AN I-2 (INDUSTRIAL) DISTRICT. Mr. Charles Lilley, Senior Planner, reported that the Planning Commission had con- sidered this request at its',meeting of AprilS, and although they recommended approval, they directed the staff to explore feasible alternatives for access to the site. Since this access and other factors concerning groundwater pollution had not been resolved, the staff recommended continuance of this request until there were more conclusive, findings to support recommendations. Comm. Gottovi moved, seconded by Comm. Williams, to grant a continuance on this 0 application for Special Use Permit until such time as the' Planning Department was ready with the alternate access and the pollution study. Chm. O'Shields asked if there was anyone present to speak on this matter, and the following persons, along with other residents of the Flemington area commented: Mr. D. A. Malpass, Sr. Mr. Walter Yates Mr. Al ton Kemp Mrs. D. A. Malpass, Sr. Mr. Richard Shiver,'Regional Hydrologist for the Department of Natural Resources and COmmunity Development, commented on his findings concerning test wells for water pollution. The motion to continue was amended to include that the hearing would be continued until the first meeting in June, and upon vote, the motion carried unanimously. BREAK Chm. O'Shields recessed the meeting for a: break from 10:28 o'clock a. m. until 10:40 o'clock a. m. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED APProXIMATELY 2,000 FEET WEST OF HIGHWAY 421 ON STATE ROAD 1375 IN THE FLEMINGTON AREA 0 FOR A CEMETERY IN AN I-2 (INDUSTRIAL) DISTRICT. Mr. Charles Lilley, Senior Planner, reported that the Planning Commission had considered this application at its meeting in April and both the Planning Commission and Planning Staff recommended approval subject to the following conditions: 1. Plan as submitted and approved with the application for Special Use Permit; and 2. That this Special Use Permit shall comply with all other supplemental regula- tions imposed by the Zoning Ordinance and any other applicable Federal, State or Local ordinances. Chm. O'Shields asked if there was anyone present to speak in opposition to this re- quest and no one appeared. After the commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved, (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity, and (d) that the location and character of the use, if"developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Alper moved, seconded by Comm. Wright, that this Special' Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion carried unanimously. PUCLIC HEARING TO CONSIDER' PROPOSED AMENDMENTS TO THE COUNTY ZONING ORDINANCE Charles Lilley, Senior Planner, explained to the Board the proposed amendments to the County Zoning Ordinance pertaining to the ,regulations concerning fuel pump islands and overhead canopies. He reported that the Planning commission had considered these amendments at its meeting on AprilS, and the Planning Commission and Planning Staff recommended approval. o Chm. O'Shields asked if there was anyone present to speak on these proposed amend- ments and Mr. Jeff Phillips of Southern pump.& Tank Company commented. o o o 201 MINUTES OF REGULAR MEETING, MAY 1, 1978 (CONTINUED) PUBLIC HEARING ON PROPOSED' AMENDMENTS TO COUNTY ZONING ORDINANCE (CONTINUED) Comm. Alper moved, seconded by Chm. O'Shields, to approve the proposed amendments to the County Zoning Ordinance, After further discussion, Comm. Alper amended his motioD to include retaining the 40-fo9t setback from the property line. ChID. O'Shields withdrew his second and Comm. Williams seconded the motion. Comm. Gottovi made a substitute motion, seconded by Chm. O'Shields, to keep the existing regulations for R-15 and R-lO Districts and grant the request for changing the B-1 and B-2 Districts and approve the following amendment to the County Zoning Ordinance: Amend Article v., Section 54., Subsection 54-2, Item (1) as follows: Service Station and retail motor fuel sales at convenience food stores provided: (a) Service station principal building and any accessory building shall not be constructed closer than forty (40) feet to any Residential District, (b) Fuel pumps at service stations and at convenience food stores shall not be located closer than twenty (20) feet to any street right-of-way, and thirty (30) feet to any Residential District or residential property line; and (c) Overhead canopies at service stations and at convenience food stores shall not be locatea closer than ten (10) feet to any street right-of-way, and twenty (20) feet ,to gny Residential District or residential property line. Upon vote, the'motion carried unanimously. Mr. Charles Lilley, Senior Planner, reported that the proposed amendment to allow Automobile and Truck Repair Shops in the A-I (Airport Industrial) District had been considered at the Planning Commission meeting in April and both the Planning Commission and Planning Staff had recommended approval. (1) Comm. Wright moved, seconded by Comm. Alper, approval of the following amendment to the Zoning Ordinance: Amend Article V, Section 59.3-2 by adding the following:' (12) Automobile and truck repair service. 'Upon vote, the motion carried unanimously. _/ Mr. Charles Lilley, Senior Planner, reported that the amendment pertaining to Special use Permit extension requests had been considered by the Planning Commission at its meeting in April and both the Planning Commission and Planning Staff had recommended approval. Comm. Williams moved, seconded by Comm. Wright, approval of the following amendment to the Zoning Ordinance: Amend Article VII, Section 71-1, Item 5, by adding the ,following: "Dec~sions of the Planning Commission regarding Special Use Permit Extension requests may be appealed by any person having a direct relationship to said action and aggrieved by such action in the manner prescribed in Section 112 Subsection 112-2 Item (2) of this Ordinance, provided however, that such an appeal must be presented with all due diligence." Upon vote, the motion carried Unanimously.. FINAL PLAT APPROVAL - CRESTWOOD, SECTION 9A Mr. Harry E. Oakes, Staff Planner, reported that the Planning Commission Subdivision Review Committee had granted approval of this plat,on April 24, 1978. Comm. Wright moved, seconded by'Comm. Williams, approval of the Final Plat of Crestwood Subdivision, Section 9A. Upon vote, the motion carried unanimously. BREAK Chm. O'Shie1ds recessed the meeting for a break from 11:20 o'clock a. m. until 11:26 o'clock a. m. 2(}2 ~a-=\.. MINUTES OF REGULAR MEETING, MAY 1, 1978 (CONTINUED) PRESENTATION OF CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1978/79 THROUGH 1982/83 The Commissioners had been presented copies of a Capital Improvement Program for Fiscal Years 1978/79 through 1982/83. County Manager Eller 'explained the program and answered questions from the Board. Mr. Billy Mason appeared before the Board to answer questions concerning the pro- jected needs for the public school system. Comm. Wright moved to take the Capital Improvement Program budget under advisement. Comm. Alper moved not to spend 59 on any plan towards a Civic Center. The motion 0 did not receive a second. Chm. O'Shields seconded Comm. Wright's motion to take the budget under advisement and upon vote, the motion carried unanimously. LUNCH BREAK Chm. O'Shields recessed the meeting for lunch from 11:56 o'clock a. m. until 1:05 o'clock p. m. DENIAL OF REQUEST FOR TAX ABATEMENT - TOWN OF WRIGHTSVILLE BEACH The Commissioners had received copies of correspondence from the Town of Wrights- ville Beach requesting abatement of taxes'on property purchased by the Town of Wrights- ville Beach on January 5, 1977. Attorney Taylor explained that there was no statutory, authority for the Board to approve this request. Comm. Williams moved, seconded by Comm. Alper, to deny this request., Upon vote, the motion carried unanimously. APPROVAL OF DEED OF CORRECTION Comm. Williams moved, seconded by Comm. Wright, approval of Deed of Correction . correcting a Deed dated June 27, 1977, to John Douglas Robbins and wife, Nallie C. Robbins in which Mrs. Robbins' first name had been misspelled. Upon vote, the motion carried unanimously. o APPROVAL OF DEMOLITION OF CITY AND COUNTY OWNED HOUSES Comm. Williams moved, seconded by Comm. Wright, approval of demolition of two houses owned jointly by the City and the County located at 210 N. 9th Street and 5 N. 12th Street. Upon vote, the motion carried unanimously. RENEWAL OF AGREEMENT WITH VOLUNTEER FIRE DEPARTMENTS Comm. Wright moved, seconded by Comm. Gottovi, that the Agreement with the Volunteer Fire Departments be renewed for another year. Upon vote, the motion carried unanimously. A copy of the Agreement is on file in the County Manager's Office. APPOINTMENT OF RAY MALOTT TO MYRTLE GROVE VOLUNTEER FIRE DEPARTMENT RELIEF FUND Comm. Wright moved, seconded by Comm. ,Williams, that Mr. Ray Malott be appointed to replace Mr, Joseph E. Piner as a trustee for the Myrtle Grove Volunteer Fi~e Depart- ment Relief Fund. Upon vote, the motion carried unanimously. AMENDMENT TO COUNTY PERSONNEL POLICY Comm. Gottovi moved, seconded by Comm. williams, approval of amending the County Personnel Policy to allow up to 3 working days' leave with pay per year in case of a death in the employee's immediate family. Upon vote, the motion carried unanimously. ~~&~-~=&= 0 Comm. Wright moved, seconded by Comm. Williams, approval of the transfer of $650 from Salaries & Wages, Acct. #11 480 02, to Capital Outlay - Equipment, Acct. #11 480 74, in the Register of Deeds Budget for the purchase of a typewriter. Upon vote, the motion carried unanimously. BUDGET TRANSFER - MUSEUM Comm. Williams moved" seconded by Comm. Wright, approval of the transfer of $400. from Contingencies, Acct. #11 445 61, to Miscellaneous Expense, Acct. #11 625 57, in the Museum Budget to compensate a donor for damages to an artifact on loan to the Museum. Upon vote, the motion carried unanimously. o o o 203 MINUTES OF REGULAR MEETING, MAY 1, 1978 (CONTINUED) BUDGET TRANSFERS - BUILDINGS & GROUNDS Comm. williams moved, seconded by Comm. Alper, approval of , the transfer of $820 from Utilities, Acct. #11 535 13, to Contracted Services, Acct. #11 535 45, in the Buildings & Grounds Budget to pay a private refuse collector for container service at the Courthouse and Administration Building. Upon vote, the motion carried unanimously. Comm. Alper moved, seconded by Comm. Williams, approval of the transfer of $400 from Salaries & Wages, Acct. #11 535 02, to Maintenance & Repair - Autos and Trucks, Acct. #11 535 17, in the Buildings & Grounds Budget for tires and repairs to vehicles for the remainder of this fiscal year. Upon vote, the motion,carried unanimously. BUDGET TRANSFER - INSPECTIONS' Comm. Gottovi moved, seconded by Comm. Wright, approval of the transfer of $295 from Supplies and Materials, Acct. #11 540 33, to Printing, Acct. #11 540 13, in the Inspections Budget to cover the printing of inspections invoices. Upon vote, the motion carried unanimously. BUDGET TRANSFER - TAX DEPARTMENT Comm. Alper moved, seconded by Comm. Gottovi, approval of the following budget transfers in the Tax Department to cover th~ increased cost of advertising during this fiscal year: Debit - Acct. #11 450 70, Tax Foreclosure Acct. #11 450 54, Insurance & Bonds Acct. #11 450 60, Tax Refunds & Payments Acct. #11 450 12, Printing Credit - Acct. #11 450 27, Advertising Upon vote, the motion carried unanimously. $ 900 293 847 500 $2,540 BUDGET TRANSFER - PARKS & RECREATION Comm. Wright moved, seconded by Comm. Alper, approval of the transfer of $1,500 from Salaries & Wages, Acct. #11 620 02, to Blair-Noble - Construction, Acct. #11 660 73, in the Recreation Budget for construction of a chain link fence along U. S. Hwy. 17. Upon vote, the motion carried unanimously. BUDGET AMENDMENT AND APPROVAL OF AGREEMENT FOR WIC PROGRAM Comm. Gottovi moved, seconded by Chm. O'Shields, approval of an agreement, with the Department of Human Resources, Division of Health Services, for conducting a Special Supplemental Food Program for Women, Infants and Children in New Hanover County and also approval of the following budget amendment for operation of the program: Debit - Acct. #44 368 16, State Grant - WIC $64,690 Credit - Acct. #44 598 02, Salaries & Wages $10,165 Acct. #44 598 05, FICA 615 Acct. #44 598 07, Retirement' 652 Acct. #44 598 06, Group Insurance 258 Acct. #44 598 14, Travel 500 Acct. #44 598 74, Equipment 2,000 Acct. #44 598 12, Printing 1,000 Acct. #44 598 33, Supplies & Materials 600 Acct. '#44 598 11, Telephone & Postage 400 Acct. #44 598 34, Food Purchases 48,500 Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi and Chm. O'Shields Voting Noe: Comm. Williams and Wright A copy of the Agreement is on file in the County Manager's Office. BUDGET AMENDMENT - HEALTH DEPARTMENT Comm. Wright moved, seconded by Comm.~Williams, approval of appropriating $5,000 to Revenue Acct. #44 361 13, School Health: Program, and by appropriating that same amount to Acct. #44 490 68, School Health" to account for an additional $5,000 that the Health Department would receive for the Maternal & Child Health Program. Upon vote, the motion carried unanimously. 2@4 ..:L a 'I MINUTES OF REGULAR MEETING, MAY 1, 1978 (CONTINUED) CHANGE IN FUNDING FORMULA FOR SOUTHEASTERN MENTAL HEALTH CENTER Comm. Alper moved, seconded by Comm. Gottovi, approval of the following funding formula for the Southeastern Mental Health 'Center: Brunswick County New Hanover County Pender County - 23% - 64% - 13% Upon vote, the motion carried unanimously. CHANGES IN LANDFILL AGREEMENT WITH WASTE INDUSTRIES 0 County Manager Eller explained that Waste Industries had requested several changes in the Landfill Agreement since they had been notified,that their contract would be terminated. Comm. Gottovi moved, seconded by Comm. Alper, that Waste from the audit provision of the contract and that the $25,000 to a $10,000 Certificate of Deposit to be held by the County. carried unanimously. Industries be released performance bond be changed Upon vote, the motion REPORT ON STATUS OF BUDGET PREPARATION County Manager Eller reported on ,the status of the preparation of the budget for Fiscal Year 1978/79 and stated that present requests would require about a $.06 tax increase but it was his intention to cut requests that he felt were unnecessary. Comm. Wright moved, seconded by Comm. williams, to instruct the County Manager to hold the tax rate at the amount it was for Fiscal Year 1977/78. Upon vote, the motion was defeated as follows: Voting Aye: Comm. Williams and Wright Voting Noe: Comm. Alper, Gottovi and ChID. O'Shields INVITATION TO DINNER AT AGRICULTURAL EXTENSION OFFICE County Manager Eller extended an invitation to the Commissioners from the Agricultural Extension Chairman to attend a dinner on Thursday, June 1, 1978, at 6:30 p. m. to recognize the Garden Hotline Volunteers. o EXECUTIVE SESSION Comm. Gottovi moved that the meeting be recessed to Executive Session to discuss personnel matters, land acquisition and committee appointments. Chm. O'Shields recessed the meeting to Executive Session at 1:50 o'clock p. m. Chm. O'Shields reconvened the meeting to Public Session at 2:45 o'clock p. m. APPOINTMENTS TO COUNCIL ON THE STATUS OF WOMEN Comm. Gottovi moved, seconded by Comm. Alper, appointment of the following persons to the New Hanover County Council on the Status of Women: Nancy D. Gurganus M. Lois Hart Mercedes J. Newsome 'JoAnn M. Swart Jean H. Bridger Terry Penrod Karen S. Rose Joan Teague - Kure Beach Appointee Mary Cantwell - Wrightsville Beach Appointee Upon vote, the motion carried unanimously. ADJOURNMENT Comm. Williams, moved, seconded by Comm. Wright, that the meeting be adjourned. Upon vote, the IIDtion carried unanirrously. o Chm. O'Shields adjourned the meeting at 2:46 o'clock p. m. Respectfully submitted, , ~~,I?~ Alyce B. Rusmisell Clerk to the Board abr "