1979-03-05 Regular Meeting
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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,
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Alyce B. Rusmisell
Clerk to the Board
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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.
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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
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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
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, 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.
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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
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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.
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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:
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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.
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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;
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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
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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.
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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.
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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,
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Alyce B. Rusmisell
Clerk to the Board
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