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1979-03-05 Regular Meeting o o o <51;3 363 MINUTES OF REGULAR MEETING, FEBRUARY 19, 1979 (CONTINUED) AUTHORIZATION TO SIGN CETA CONTRACTS, County Manager Eller reported that the CETA II and VI allocations, had been received for April 1 tqrough September 30 and requested permission. ,to sign the contracts when they were ready as they had to be signed before February 23 and the Board would not meet again before then. Comm. O'Shields moved, seconded by Comm. Armistead, to authorize the County Manager to sign the CETA II and VI contracts when they were received. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi EXECUTIVE SESSION Comm. O'Shields moved, seconded by,Comm. Armistead, to recess the meeting to Executive Session to discuss committee appointments, personnel matters, and litigation. Upon vote, the motion carr,ied as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi Chm. williams recessed the meeting to Executive Session at 1:56 o,'clock p. m. Chm. Williams reconvened the meeting to Public Session at 2:26 o'clock p. m. APPOINTMENTS TO PORT, WATERWAY AND BEACH COMMISSION; INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY; AND TITLE xx ADVISORY BOARD Comm. Williams moved, seconded by Comm. O'Shields, to appoint Mr. Ed Kizer to the Port, Waterway and Beach Commission; to reappoint Mr. Ezra Hester and Mr. Chester Wiggins to the Industrial Facilities and Pollution Control Financing Authority; and to nominate Mr. Wayne ,Morris to the Title xx Advisory Committee. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, 0' Shields, Wright and Chm. Williams Comm. Gottovi ADJOURNMENT Comm. Armistead moved, seconded by Comm. Williams, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Absent: comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi Chm. Williams adjourned the meeting at 2:28 o'clock p. m. Respectfully submitted, ~~.I?~ Alyce B. Rusmisell Clerk to the Board abr MINUTES OF REGULAR MEETING, MARC~ 5, 1979 ASSEMBLY The New Hanover County Board of Conui1.issioners met in Regular Session on Monday, March 5, 1979, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; Claud O'Shields, Jr.; Vivian S. Wright; Chairman Ellen C.Williams; County Manager Dan W. Eller; County Attorney James C. Fox, and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Chm. Williams called the meeting to order. Rev. Harold McSwain of St. Matthews Lutheran Church offered the invocation. 1364 .31..,/ MINUTES OF REGULAR MEETING, MARCH 5, 1979' (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 19, 1979 Comm. Gottovi requested permission to be excused from voting on approval of the Minutes of the Regular Meeting of February 19, 1979, since she was absent from the meeting. Comm. O'Shields moved, seconded by Comm. Armistead, Meeting of February 19, 1979, be approved as presented. as follows: that the Minutes of the Regular Upon vote, the motion carried Voting Aye: Abstaining: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi o ADOPTION OF AN ORDINANCE AMENDING SUBDIVISION REGULATIONS - PRIVATE STREETS This item was cohtinued from the meeting of February 19, 1979. Mr. Charles Lilley of the Planning Department appeared before the Board to answer any further questions the Commissioners might have. Chm. Williams and Comm. Wright requested that a process be included in the Ordinance whereby the petitioner could appeal the decision to the Board of Commissioners if it was not satisfactory. Comm. Gottovi moved, seconded by Comm. 0' Shields, to adopt the Planning Department's proposal (Exh.ibit "A") as the Ordinance to amend the Subdivision Regulations to allow private streets. Comm. Wright made a substitute motion, seconded by Comm. Williams, to amend Exhibit "A", Sec. 16, where it mentioned any other pavement design would be reviewed by the County Engineer on an individual basis, to be worded so that it could come to the Com- missioners for approval also with the wording to be drawn up later. Upon vote, the substitute motion was defeated as follows: Voting Aye: Voting Noe: Comm. Wright and Chm. Williams Comm. Armistead, Gottovi and O'Shields Voting Aye: Voting Noe: Comm. Armistead, Gottovi and 0' Shields Comm. Wright and Chm. Williams o , Upon vote, the original motion carried as follows: Comm. Wright stated for the record that she would like to have supported the Ordinance and did not see the objection to letting the Commissioners review something. Comm. Williams concurred with Comm. Wright's statement. A copy of the Ordinance as adopted and signed is contained in Exhibit Book VI, Page 66. APPROVAL OF PROPOSAL FOR OPERATION OF ANIMAL CONTROL CENTER County Manager Eller explained that this item had been tabled from the meeting of February 19 for the Commissioners to review it further. Comm. Gottovi moved, seconded by Comm. O'Shields, to approve the proposed changes in the operation of the Dog Control Program with a_ $5.00 fee for unneutered and unspayed animals and leave the rest of it as it was. " Comm. Wright stated her objection to putting this operation under the Health Department. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead., Gottovi, O'Shields and Chm. Williams Comm. Wright o A copy of the proposal is contained in Exhibit Book VI, Page 67. TABLING OF DISCUSSION ON TAXING GOODS AT STATE PORTS Comm. Gottovi moved, seconded by Comm. Armistead, to table the discussion on taxing goods stored at the State Ports until March 19 as requested. Upon, 'vote~o~the'-motion carried unanimously. OJ? 3.... o o o 365 MINUTES OF REGULAR MEETING, MARCH' 5\ 1979 (CONTINUED) AMENDMENT TO SAND DUNE ORDINANCE , Comm. Gottovi moved, seconded by Comm. O'Shields to adopt the follo"!ing'Drdinance of the County of New Hanover Amending the Sand Dune Protection Ordinance of New Hanover County, North Carolina, Adopted September 19, 1977": Section 1. That the Sand Dune Protection Ordinance of, the County of 0" New Hanover adopted September 19,'1977, be amended as follows: 1. Amend Section 1.6, Definitions, Subsection C, Shore Protection Line, first sentence, by deleting "S. R. 1534" and substituting "S. R. 1573", therefor. upon vote, the rrotion carried unanimously. APPROVAL OF SUBMISSION OF SPECIAL BILL FOR MUSEUM Comm. O'Shields moved, seconded by Comm. Armistead, to approve submission of a bill to the General Assembly which would appropriate from the General Fund to the Department of Cultural Resources, Division of Archives and History, $10,000 for FY 79/80 and $5,000 for FY 80/81 to be used for projects at the New Hanover County Musemn. Upon vote, the motion carried unanirrously. APPROVAL OF CONTRACT FOR ANNUAL AUDIT Comm. O'Shields moved, seconded by Comm. Wright, to approve the Contract with Lowrimore, Warwick & Company, CPA's to perform the annual audit of the County's financial records for the year ending June 30, 1979. Upon vote, the motion carried unanimously. A copy of the Contract is on file in the County Manager's Office. AWARD OF BID FOR CONSULTANT FOR WATERFRONT PARKS The Commissioners had been furnished the following list o'f proposals received from consultants for the CAMA Planning Grant for Waterfront Parks: Edward D. Stone, Jr., & Associates Dockery-Hunter & Associates Synthesis McNeely Associates Recreation & Park Consultants Talbert, Cox & Associates Bell Design Group Gardner Gidley Associates Howard T. Capps Derick G. S. Davis & Associates Lee Mallonee $32,500 $17,680 - $9,440 $15,120 $15,000 - $11,850 $13,200 $12,850 $11,500 $11,280 $10,290 $10,200 $ 6,500 Comm. O'Shields moved, seconded by Comm. Gottovi, to accept the County Manager's and Parks and Recreation Director's recommendation and award the bid for planning waterfront parks to Derick G. S. Davis & Associates for the amount of $10,200. Upon vote, the motion carried unanimously. BUDGET TRANSFER - HEALTH DEPARTMENT Comm. O'Shields moved, seconded by Comm. Gottovi, approval of the transfer of $700 from Auto Allowance, Acct. #44 592 10, to Travel, Meetings & Schools, Acct. #44 592 14, in the Family Planning budget to cover expenses for attending several meetings. Upon vote, the motion carried unanimously. 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, March 5, 1979, at 9:30 a. m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North CarOlina, to consider the following: I PUBLIC~HEARING TO CONSIDER REZONING PROPERTY LOCATED AT 6005 OLEANDER DRIVE (NORTHEAST CORNER OF OLEANDER DRIVE AND GILES AVENUE): FROM R-15 (RESIDENTIAL DISTRICT) TO B-2 (HIGHWAY BUSINESS DISTRICT). Comm. O'Shields moved, seconded by comm. Armistead, to continue the hearing on this rezoni~g request to the meeting of March 19 as requested by the attorney for the petitioner. Upon vote, the motion carried unanimously. 366 MINUTES OF REGULAR MEETING, MARCH 5, 1979 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED AT 5927 CAROLINA BEACH ROAD 300 FEET EAST OF THE EASTERN RIGHT-OF-WAY OF CAROLINA BEACH ROAD FROM R-15 (RESI- DENTIAL DISTRICT) TO B-2 (HIGHWAY BUSINESS DISTRICT). Planning Director Bill Farris reported .that the Planning Commission had considered this request at its meeting of February 7 and recommended approval. The Planning Staff had recommended denial. Mr. Ted Sampley, who owned property in the area, appeared before the Board to speak in favor of this rezoning. Mr. Rupert Strickland, the petitioner, appeared to request approval and explain how he planned to use the property. Corom. Wright moved, seconded by Comm. Gottovi, to approve the rezoning request 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 I, Section 4, Page 19. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE NORTH SIDE OF GREENVILLE LOOP ROAD (S. R. 1521) 1,100 FEET EAST OF CLEARBROOK DRIVE FOR A STABLE IN AN R-15 (RESIDENTIAL) DISTRICT Mr. Charles Lilley of the Planning Department reported that the Planning Commission had considered this application at its meeting on February 7 and both the Planning Commission and Planning Staff recommended approval. Mr, Peter Davis, the petitioner, appeared before the Board to request approval. Chm. Williams asked if there was anyone present to speak in opposition 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. Gottovi moved, seconded by Comm. O'Shields, that the Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE EAST SIDE OF MILITARY CUT-OFF ROAD AT THE INTERSECTION OF MARKET STREET EXTENSION (U. S. HWY. 17) AND MILITARY CUT-OFF ROAD FOR STORAGE FACILITIES (MINI-WAREHOUSES) IN A B-2 (HIGHWAY BUSINESS) DISTRICT. Mr. Charles Lilley of the Planning Department reported that the Planning Commission had considered this application at its meeting in February and both the Planning Commis- sion and Planning Staff recommended approval. Chm. Williams asked if there was anyone present to speak in favor of this application, and Mr. Norman Phillips, the petitioner, ~ppeared to.request appFoval and answer questions from the Board. Chm. Williams asked if there was anyone present to speak in opposition 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.Armistead moved, seconded by Comm. O'Shields, that this Special Use Permit be issued based on the same conditions as recommended by the Planning '"'' Commission. Upon vote, the motion carried unanimously. .sc. (, o o o o o o 3;1.,1 367, MINUTES OF REGULAR MEETING, MARCH 5, 1979 (CONTINUED) BREAK Chm. williams recessed the meeting for a break from 10:05 o'clock a. m. until 10:20 o'clock a. m. AMENDMENT TO PLUMBING CODE Mr. Robert M. Williams, Jr., County Engineer, Mr. Thad Carmichael, Chief Building Inspector, and Mr. Louis Smith, Plumbing Inspector, appeared before the Board to ex- plain the proposed amendment to the Plumbing Code and answer questions from the Board. Upon motion by Comm. Gottovi, seconded by Comm. Armistead, the following Ordinance pertaining to the plumbing code was unanimously adopted: AN ORDINANCE PERTAINING TO THE TESTING OF PLUMBING SYSTEMS INSTALLED IN NEW HANOVER COUNTY. IT IS HEREWITH ORDAINED BY THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY that the North Carolina State Building Code, as adopted by New Hanover County, is amended as follows: 1. Plumbing installed in accordance with the North Carolina State Building Code, as amended, and as adopted by New Hanover County pursuant to its ordinance enacted May 3,1971, shall be tested by the Plumbing Inspector upon completion of the Water and Sewer Distribution System as "roughed in", the same to' be tested with water at a minimum pressure of 125 pounds per square inch. Each plumbing system, water and sewer, shall be completed and functioning. at ~ormal'pressnie p~ior .to th~ .final inspection thereof in accordance-with the aforesaid Code. 2. This Ordinance shall be effective upon approval thereof by the State Building Code Council, as required by law. This the 5th day of March, 1979. GRANT APPLICATION - MUSEUM Ms. Janet Seapker, Museum 'Director, appeared before the Board to explain her request to submit an ~pplication for a gr~nt in the amount of approximately $20,000 from the Institute of Museum Services. She explained that there were two types of grants available, one of which would require 50% matching funds from the County and one which required no local cash. She requested permission to submit duplicate grant applications under both programs. Ms. Seapker explained the purpose of the grant would be to hire a curatorial specialist to work with the Museum's historian to write col- lections policy, registrar's manual, train volunteers, etc. County Manager Eller recommended approval of the grant application. Comm. O'Shields moved, seconded by Comm. Wright, to approve the grant application as requested. Upon vote, the motion carried unanimously. BUDGET TRANSFER - JUVENILE SERVICE CENTER Comm. Gottovi moved, seconded by Comm. O'Shields, to approve the transfer of $3,000 from Salaries & Wages, Acct. #11 522 02, in the Juvenile SErvice Center budget to the Buildings & Grounds Budget, Acct. #11 535 15, to provide for replacing the carpeting in the dining room and office areas at the Center and to change the type of ceiling in the client restroom areas. Upon vote, the motion carried unanimously. BUDGET TRANSFER - GARAGE Comm. O'Shields moved, seconded by Comm. Armistead, to approve the following budget transfer in the Garage budget to provide additional funds to cover the upkeep of several vehicles and pieces of machinery for which the Garage has assumed responsibility since the budget was prepared: Debit Credi t - Acct. #11 555 56, Issues from Inventory Acct. #11 555 55, Purchases for Inventory $5,000 $5,000 Upon vote, the motion Q~rried unanimqusly~ 368; .st.? MINUTES OF REGULAR MEETING, MARCH 5, .1979 (CONTINUED) BUDGET TRANSFER - GOVERNING BODY Comm.O'Shields moved, seconded by Comm. Gottovi, approval of the following budget transfer in the Governing Body budget to cover increased travel and advertising expenses: Debit Credi t - Acct. - Acct. Acct. #11 #11 #11 445 61, 410 14, 410 27, Contingencies Travel, Meetings Advertising & Schools $1,300 $1,000 300 Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, Gottovi, O'Shields and Chm. Williams Comm. Wright o BUDGET AMENDMENT - HOSPITAL EXPANSION PROJECT Comm. Gottovi moved, seconded by Comm. Armistead, approval of the following budget amendment to disburse payment to the hospital for interest earned on the $100,000 Certificate of Deposit being held in the contingency account: Debit - Acct. #78 329 00, Interest Credit - Acct. #78 757 91, Payment to Hospital $2,524.31 $2,524.31 Upon vote, the motion carried unanimously. ADOPTION OF ORDINANCE REGULATING USE OF PARKS AND RECREATION FACILITIES Mr. Steve Stevens, Director of Parks and Recreation, appeared before the Board to explain the proposed Ordinance regulating the use of the County's parks and recreation facilities. County Manager Eller explained that if this Ordinance was adopted, the old Ordinance pertaining to the use of Hugh MacRae Park would need to be repealed. Comm. O'Shields moved, seconded by Comm. Armistead, to adopt the Ordinance Regu- lating the Operation and Use of Parks and Recreation Facilities Owned and Controlled by New Hanover County and to repeal the Ordinance Regulating the Operation and Use of Hugh MacRae Park in New Hanover County. Upon vote, the motion carried unanimously. A copy of the Ordinance is contained in the Ordinance Book in the Clerk's Office. o REQUEST FOR LEGISLATION TO ALLOW LOCAL HUMAN RELATIONS COMMISSION TO HEAR DISCRIMINATION CASES Mr. Frank Hickman, Chairman Q.f the Human Relations, Commission, and Mr. Bob Stuart, Personnel Director of W. R. Grace Company, appeared before the Board to request the County's endorsement of a local bill allowing 706 Status which would enable the local Human Relations Commission to handle employment discrimination matters. The Commissioners and County Attorney offered comments on this request. Comm. Gottovi moved, seconded by Comm. Armistead, to ask the County's legislators to get the enabling legislation for New Hanover County to enact its own Fair Employment Law. Upon vote, the mo,tibn carried as follows: voting Aye: Voting Noe: Comm. Armistead, Gottovi, O'Shields and Chm. Williams Comm. Wright Comm. Wright stated for the record that this was an important issue which was not even on the agenda. She stated that she did not get the information until Saturday afternoon and she could not support it without knowing more about the matter, and that she did not want to vote for local legislation that was not well thought out before it was requested. She also stated that she felt it was handled very poorly for such an 0 important issue and she would like the lett~r of request to show that the vote was not , unanimous. Comm. Armistead and Chm. Williams also commented on the handling of this matter. BREAK Chm. Williams recessed the meeting for a break from 11:40 o'clock a. m. until 11:50 o'clock a. m. DISCUSSION ON PLANS FOR LAW ENFORCEMENT CENTER, LIBRARY AND LANDFILL Mr. C. G. Berry appeared before the Board to give his opinions on construction plans for the new Law Enforcement Center, the Library and on alternatives to the Landfill. o o o J'/'e" 369 MINUTES OF REGULAR MEETING, MARCH 5, 1979 (CONTINUED) DISCUSSION ON VAC SERVING AS INVOLVEMENT COUNCIL Comm. Gottovi asked if the Board was going to designate the Voluntary Action Center to serve as the Governor's citizens' Involvement.Council. County Manager Eller advised that since the Board had, at an earlier meeting, requested the VAC to serve in this capacity, the Chairman had already written a letter designating them as the Involvement Council. DISCUSSION ON HOUSE BILL #70 CONCERNING AFDC RECIPIENTS The Commissioners had received copies of H. B. #70 which concerned AFDC recipients, and it was agreed to write individual letters to the legislators concerning this bill. DISCUSSION ON EQUALIZING FORMULA FOR PUBLIC ASSISTANCE Comm. O'Shields reported that he had requested the Board of Directorsbf the NCACC to take a position on the suit the County was involved in concerning th~ equalizing formula for public assistance funds. BUDGET TRANSFER - MISCELLANEOUS EXPENSE Comm. Gottovi moved, seconded by Comm. Armistead, approval of the transfer of $300 from Contingencies, Acct. #11 445.61, to Miscellaneous Expense, Acct. #11 660 57, to cover the payment of $100 to the Human Relations Commission and reimbursement to LEAA for disallowed expenditures. Upon vote, the motion carried unanimously. REPORT ON LAND RECORDS SYSTEM County Manager Eller reported that the Land Records System that the County had applied for had been awarded to Orange County. CONTRACT FOR PURCHASE OF EIRE TRUCK FOR SOUTH WILMINGTON VFD County Manager Eller reported that the South Wilmington Volunteer Fire Department was purchasing a new truck and had requested the County to enter into a contract with them guaranteeing a certain amount of funding to enable them to get the loan from Farmers Home Administration to purchase the new truck. Comm. Armistead, to allow the Chairman to sign order for the South Wilmington VFD to meet their Upon vote, the motion carried unanimou~ly. Comm. O'Shields moved, seconded by the proper form when it was received in deadline on purchasing the new truck. EXECUTIVE SESSION Comm. Armistead, moved, seconded by Comm. O'Shields, that the meeting be recessed to Executive Session ',to "discuss ',c:ommittee appointnient?'., Upon )TOte, the motion carried unanimously .'-' Chm. Williams recessed the meeting to Executive Session at 12:10 o'clock p. m. Chm. Williams reconvened the meeting to Public'Session at 12:44 o'clock p. m. APPOINTMENTS TO BOARD OF HEALTH, SEDC, ZONING BOARD OF ADJUSTMENT AND NURSING HOME ADVISORY COMMITTEE Comm. Gottovi moved, seconded by Comm. O'Shields, to appOint Quennon Beatty to the Southeastern Economic Development Commission; Dr. Larry K. Neal to the Board of Health; Kenneth D.Will,iamsori to fill Rev. Aman' s term on the Zoning Board of Adjustment; and Mimi Cunningham to the Nursing Home Advisory Committee. Upon vote, the motion carried unanimously. ADJOURNMENT Comm. Armistead moved, seconded by Comm. Gottovi, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. Williams adjourned the meeting at 12:45 o'clock p. m. Respectfully submitted, ~~./1~ Alyce B. Rusmisell Clerk to the Board abr -"'