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1979-06-04 Regular Meeting ,/' ~/l':> MINUTES OF SPECIAL MEETING, MAY 30, 1979 (CONTINUED) o o o 415 ADJOURNMENT (CONTINUED) Chairman Williams adjourned the meeting at 3:51 o'clock p. m. Respectfully submitted, . ~g.I?~'''1~''''~€6 Alyce B. Rusmisell Clerk to the Board abr MINUTESOF REGULAR MEETING, JUNE 4, 1979 ASSEMBLY , The. New Hanover County Board of Commissioners met in Regular Session on Monday ,June 4, 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; Attorney Joseph O. Taylor, Jr. of the County Attorney's Office; and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Chairman Williams called the meeting to order. ,Rev. James L. Finley of Pine Valley Baptist Church offered the invocation. ANNOUNCEMENT OF COUNTY MANAGER'S RESIGNATION Chairman Williams read the letter from County Manager resignation effective no later than'August I, 1979. Dan W. Eller tendering his i Each of the Commissioners expressed regrets at, Mr. Eller's resignation and com- mended him for his accomplishments over the past 6 years. APPROVAL OF MINUTES OF REGULAR MEETING, MAY 21, 1979 Comm. Wright pointed out that in the Minutes of the Regular Meeting of May 21, 1979, on Page 407 under the Public Hearing for a Special Use Permit to use property for a Landfill, it should be noted that Steve Jaffee was a Doctor of Veterinary Medicine and his title should be shown. Comm. Wright also pointed out that on Page 408 under the "Update on Library Project", the word "confirmation" in the next to the last line should be change to "combination". Comm. Gottovi stated that on Page 407 under'the Public Hearing for a Special Use Permit to use property for a Landfill, the.last name of Mrs. Jane Morris should be corrected to "Morse". Upon motion by Comm. Wright, seconded by Comm. Gottovi, the Minutes of the Regular Meeting on May 21, 1979, were unanimously approved as corrected. DISCUSSION ON EMERGENCY SERVICE SUPPLEMENT FOR THE TOWN OF CAROLINA BEACH Mayor Ted Seawell of Carolina Beach appeared before the Board to request that the County provide funding to the Town of Carolina Beach for Emergency Medical Services provided to the unincorporated areas of the County south of Snow's Cut on a per call reimbursement basis. It was agreed by common consent to table this request to the next meeting when additional information could be furnished by ,the Town of Carolina Beach. AUTHORIZATION OF APPOINTMENT OF WATER BOND REFERENDUM COMMITTEE Chairman Williams and City of Wilmington Mayor Ben Halterman introduced Mr. John Ormsby, whom they had selected to head up a citizens committee to educate the public on the proposed water bond referendum. Comm. Gottovi moved, seconded by Comm~ Armistead, to authorize the appointment of a joint City/County committee to educate the public on the proposed water bond referendum. Upon vote, the motion carried unanimously. 416 MINUTES OF REGULAR MEETING, JUNE 4, 1979 (CONTINUED) '1/, FINAL PLAT APPROVAL - BARTON OAKS SUBDIVISION, SECTION 1 Mr. Harry E. Oakes of the Planning Department reported that the Planning Commission Subdivision Review Committee had approved the final plat of Barton Oakes Subdivision Section 1, on May 29, 1979. Comm. Gottovi moved, seconded by Comm. Wright, to approve the final plat of Barton Oaks Subdivision, Section 1. Upon vote, the motion carried unanimously. FINAL PLAT APPROVAL - CRESTWOOD SUBDIVISION, SECTION 11 Mr., Harry E. Oakes of the Planning Department reported Subdivision Review Committee had approved the final plat of Section 11, on May 29, 1979. that the Planning Commission Crestwood Subdivision, Comm. O'Shields moved, seconded by Comm. Wright, to approve the final plat of Crestwood Subdivision, Section 11. Upon vote, the motion carried unanimously. o FINAL PLAT APPROVAL - GRAINGER POINT, SECTION 3 Mr. Harry E. Oakes of the Planning Department reported that the Planning Commission Subdivision Review Committee had approved the final plat of Grainger Point Subdivision, Section 3, on May 29, 1979. He reported that the developer had submitted surety in the amount of $3,000 to insure that required improvements would be made. Comm. Wright moved, seconded by Comm. O'Shields, to approve the final plat of Grainger Point, Section 3. Upon vote, the motion. carried unanimously. PUBLIC HEARING . Notice had been given that a public hearing would be held by the Board of Com- missioners of New Hanover County on Monday, June 4, 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: PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE EAST SIDE OF U. S. HIGHWAY 17 (MARKET STREET EXTENSION) APPROXIMATELY 750 FEET NORTH OF ALEXANDER ROAD (S. R. 1345) FOR RESIDENTIAL OCCUPANCY IN CONJUNCTION WITH, BUT INCIDENTAL TO, A BUSINESS USE IN A B-2 (HIGHWAY BUSINESS) DISTRICT. Mr. Charles Lilley of the Planning Department reported that the applicant had requested this item be withdrawn from consideration. o .Comm. Wright moved, seconded by Comm. Armistead, to withdraw'this item from consideration as requested by the petitioner. Upon vote, the motion carried unanimously. PUBLIC-HEARING TO CONSIDER A PROPOSED AMENDMENT TO SECTION 72-5 OF THE COUNTY ZONING ORDINANCE TO MODIFY THE EXISTING REQUIREMENTS FOR DIRECT ACCESS TO A MAJOR THOROUGHFARE FOR MULTI-FAMILY DEVELOPMENT IN ACCORDANCE WITH THE PROPOSED FUNCTIONAL CLASSIFICATION SYSTEM FOR THE STREETS AND ROADS OF NEW HANOVER COUNTY. ,Planning Director William Farris reported that the Planning Staff had been directed at the first meeting in April to prepare a thoroughfare plan to be ,considered at the first meeting in June. Mr. Farris explained that the Amendment to Section 72-5 of the County Zoning Ordinance should be considered prior to the adoption of the Resolution adopting the Thoroughfare Plan. Mr. Charles Lilley of the Planning Department explained the proposed Amendment to Section 72-5 of the County Zoning Ordinance. Comms. Gottovi and O'Shields commented on the amendment. Chairman Williams asked if there was anyone present to comment and the following persons offered comments: Mr. Dumay Gorham, Attorney for Figure 8 Island Corporation, Mr. A. L. Butler, Jr., Attorney Comm. Wright commented. o .' Mr. Ligon Flynn, Architect, offered comments. Comm. Gottovimoved, seconded by Comm. Armistead, to adopt the proposed amendment to Section 72-5 of the County Zoning Ordinance as presented there with that final part of Section A included as an attempt to meet the growing needs of this community and to provide the best possible kind of development that we can. Comm. O'Shields made a substitute motion that in lieu of what was presented it be amended to read "new access shall be designed to comply with the minimum standards of the North Carolina Department of Transportation secondary roads." 0/ 1-( o o o 417 MINUTES OF REGULAR MEETING, JUNE 4, 1979 (CONTINUED) ! , AMENDMENT TO SECTION 7275 OF THE COUNTY ZONING ORDINANCE (cONTINUED) Comm. O'Shields restated his motion to approve amending the Zoning Ordinance as , , presented and adding under Paragraph A in place of the 3 lines "new access shalljbe designed to comply with the minimum standards of North Carolina Department of Trans- portation secondary road system." I On request from Comm. Gottovi, amended his motion by changing'thew:>rd "new", to "such". Comm. Armistead seconded the motion and upon vote, tQe.ame?dments were unanimously adopted. , , A 'copy of the Ordinance as adopted and signed is in Exhibit Book VII, Page 10. PUBLIC HEARING TO CONSIDER A PROPOSED FUNCTIONAl CLASSIFICATION SYSTEM FOR THE STREETS AND ROADS OF NEW HANOVER COUNTY AS APPLICABLE TO THE LOCATION REQUIREMENTS FOR MULTI- FAMILY DEVELOPMENT UNDER THE COUNTY ZONING ORDINANCE , Upon motion by Comm. O'Shields, seconded by Comm. Gottovi, the following Resolution was una~imously adopted: 1. Revised Section 72-5, paragraph (1) to read: (1) Adhere to the following traffic related conditions: , . ' A. Proposed multi-family developments containing five or more units shall have direct and adequate access to an existing collector or arterial facility as indicated on the New Hanover County Thoroughfare Classification Plan. The adequacy of the facility which provides direct access from the residential area of the proposed development to the collector or arterial shall be judged in terms of its ability to: (1) safely handle. the traffic generated by.the proposed development; (2) accommodate the safe and efficient delivery of public services; and (3) prevent to every degree possible th~ traffic generated by the proposed development from intruding into existing or proposed residential development. Such access shall ,b~ designed to comply with the standards " of the North Carolina Department of Transportation Secondary R~ads System. j . - . I B. The Wilmington-New Hanover Planning Department shall perform a traffic analysis for all proposed'multi-family developments to determine the impact .on traffic ,in the vicinity of the proposed ,development. In performing such analysis, consideration shall be given to the provisions o~ the above paragraph. Findings from the analysis shall be used as a determining factor for recommending approval or denial of the proposed development. In instances where such analysis reveals that modification to the site design would be necessary for the purpose of eliminating the adverse traffic impact in the vicinity of the proposed development, such findings ~ay be used as a basis for recommending condit~onal approval of the development. A copy of the Resolution, Map, and 'Thoroughfare Classificati~n Plan i~ contained in Exhibit Book VII, Page 6. BREAK . Chairman Williams recessed the meeting for'a break from 10:50 o'clock a. m. until 11:05 o'clock a., m. PUBLIC HEARING TO CONSIDER REZONING PROPERTY (28 ACRES ON THE WEST SIDE OF KERR AVENUE AND 138 ACRES ON THE EAST SIDE OF KERR AVENUE) LOCATED AT' THE INTERSECTION -OFNORTHKERR AVENUE AND SMITHS CREEK FROM R-15 (RESIDENTIAL DISTRICT) TO A-I (AIRPORT INDUSTRIAl DISTRICT. ,Mr. Charles Lill~y of the Planning Departme~t reported that the Planning Commission had considered this request at its meeting on'May 2 and'recommended approval. He stated that the original request was for rezoning to 1-2 and the Planning Commission recommended the rezoning to A-I. The Planning Staff had recommended denial and Mr. Lilley gave the reasons for the Staff's recommendation. '-,' . , Chm. Williams asked if there was anyone present to speak on this matter and Mr. Stanley Rehder, Realtor, ,representing the petitioner, appeared before the ,Board to request approval. ' Mr. John McLaughlin of the Committee of 100 commented on the need for .thi~ type industrial property. Chairman Williams asked if there was anyone present to speak in opposition and no one appeared. Comm. Armistead moved, seconded by Comm. Gottovi, to &;or~e llJt2tf~:m&.~ion) adopt the Ordinance entitled "An Ordinance of the County to~ewqfanoverJAiiiend:tng~the Zoning Map of Zoning Area 9-A of New Hanover County, North Carolina, Adopted July I, 1972." Upon vote, the motion carried unanimously. 418 ~N? MINUTES OF REGULAR MEETING, JUNE 4, 1979 (CONTINUED) REZONING NORTH KERR AVE. AND SMITHS CREEK (CONTINUED) A copy of, the Ordinance as adopted and signed is contained in Zoning. Ordinance Book 'I, Section 9-A, Page 20. SUPPORT FOR WATER BOND REFERENDUM Mr. John McLaughlin of the Committee of 100 stated on behalf of his Board of Directors ~hat they would like to offer their support to the County and the City of Wilmington in the upcoming water bond referendum and hoped the Commissioners would feel free to call on them. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE WEST SIDE OF HWY. 117 (CASTLE HAYNE ROAD) 75 FEET NORTH OF WHITMAN AVENUE FOR A 0 MOBILE HOME IN AN R-20 (RESIDENTIAL) DISTRICT Mr. Charles Lilley of the Planning Department reported that the Planning Com~ . mission had considered this request at its meeting on May 2 and both the Planning Com- mission and Planning Staff recommended approval with,the following conditions: 1. The present house structure shall be removed from the lot within six (6) months after the occupancy of ,the mobile home; 2. plan as submitted, and approved ,with the application for Special Use Permit; and 3. That the Special Use Permit shall comply with all other supplemental regulations and requirements imposed by the Zoning Ordinance or any other Federal, State or local ordinances. Chairman Williams asked if there was anyone present to speak in favor of this request and Mrs. Marie Wardenfelt appeared to request approval. 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 0 New Hanover County, Comm. Gottovi moved, seconded by Comm. Armistead, that this Special Use Permit be issued based on the conditions as recommended by the Planning Commission. Upon vote, the motion carried unanimously. I I PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF DOGWOOD LANE AND OLEANDER DRIVE (5560 OLEANDER DRIVE) FOR AN ENTERTAINMENT ESTABLISHMENT (DISCO) IN A B-2 (BUSINESS) DISTRICT Mr. Charles Lilley of the Planning Department reported that the Planning Commission had considered this request at its meeting in May and recommended approval. The Planning Staff had recommended denial. Chairman Williams asked if there was anyone present to speak in favor of this request, and Mr. R. M. Lampley appEared to request approval. Chairman Williams asked if there was anyone else present who wished to comment, 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. O'Shields move, seconded by Comm. Gottovi, that this Special Use Permit be issued based ,on the same conditions as recommended by the Plann- ing Commission. Upon vote, the motion carried as follows: o Voting Aye: Voting Noe: Comm. Armistead, Gottovi, O'Shields and Chm.' Williams Comm. Wright PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 12.08 ACRES) LOCATED 200 FEET WEST OF SOUTH COLLEGE ROAD (N. C. HWY. 132 AND FRONTING APPROXIMATELY 800 FEET ON THE NORTH SIDE OF BRAGG DRIVE FOR A TOWNHOUSE PROJECT IN AN R-15 (RESIDENTIAL) DISTRICT AND "1/1 o o o 419 MINUTES OF REGULAR MEETING JUNE 4, 1979 (CONTINUED)' i PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY. (APPROXIMATELY 52 ACRES) LOCATED ON BRIDGE ROAD, AT THE INTERSECTION OF BRIDGE ROAD AND BEACH ROAD NORTH, AND ALONG A PORTION OF BEACH ROAD NORTH OF FIGURE EIGHT ISLAND FOR MULTI-FAMILY DWELLINGS (CONDOMINIUMS) IN AN R-20 (RESIDENTIAL) DISTRICT. I Chairman Williams opened the public hearing on, this matter and stated that since the Amendment to Section 72-5 of the Zoning Ordinance and the County Thoroughfare Cl~ssi- fication Plan had been adopted, they would require 3 additional findings of fact before these Special Use Permits could be considered and a traffic study would have to be done. I Comm. Armistead moved, seconded by Comm. O'Shields, to authorize a traffic study for these Special Use Permits to be completed by June 20, 1979, and that this Public hearing be continued until the first meeting in, July so the information can be studied for a complete decision. Upon vote, the motion carried unanimously. Chm. Williams opened the floor for any persons who were present and wished to comment, on either of these applications at this time, and the following persons offered comments: Mr. David Barefoot, Attorney, reserved his comments until the first meeting: in July. " Mr~ Royce Garrett appeared in opposition to the to.mhouses having access from Bragg Drive. ! Mr. Clemmons commented. , Chm. Williams called for comments on the Condominium project at Figure Eight Island and the following persons commented: Mr. Dumay Gorham, Attorney, deferred, comments until the,July 2 meeting. Mr. Charles Carmichael appeared to voice his opposition. PUBLIC HEARING TO CONSIDER ~.N APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERTY (ApPROXIMATELY 46.1 ACRES) LOCATED ON THE SOUTH SIDE OF N. C. S. R. 1322 (WJRRAYVILLE ROAD) APPROXIMATELY 5,146 FEET EAST OF N. C. HWY, 132 FROM R-15 (P~SIDENTIAL DISTRICT) TO R-IO (RESIDENTIAL DISTRICT) Mr. Charles Lilley of the Planning Department reported that the Planning Commission had considered this request at its meeting on May 2 and recommended denial. Chm. Williams asked if there was anyone present to speak in favor and Mr. Frank Jackson, Attorney for H & H Build~rs,appeared to request approval. Mr. Robert Hill, the petitioner, commented. Mr. Walt Reynolds, engineer for the petitioner commented. Chm. Williams asked if there was anyone present to speak in opposition and no one appeared. Comm. Wright moved, seconded by Comm. Armistead, to approve the rezoning and adopt the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #8-B of New Hanover County, North Carolina, Adopted June 19, 1979". . Upon vote, the motion carried unanimously. " A copy of the Ordinance as, adopted and signed,is contained in Zoning Ordinance Book I, Section 8-B, Page 13. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERTY LOCATED ON THE NORTH SIDE OF KERR AVENUE.APPROXIMATELY 503 FEET EAST OF U. S. HWY. 117 (CASTLE HAYNE ROAD) FROM A-R (AIRPORT RESIDENTIAL DISTRICT) TO B-1 (BUSINESS DISTRICT). Mr. Charles Lilley of the Planning Department reported that this request was con- sidered by the Planning Commission at the meeting on May 2, and they recommended denial. Mr. Dan Inman the petitioner appeared to request approval. No one appeared in opposition. Comm. Armistead moved, seconded by Comm. Gottovi, to approve the rezoning and adopt the Ordinance entitled "An Ordinance of the County.of New Hanover Amending the Zoning Map of Airport Zoning Area of New Hanover County, North Carolina, Adopted', October 7, 1976." Upon vote, the motion carried unanimously. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Airport Section, Page 2. LUNCH BREAK Chm. Williams recessed the meeting for lunch from' 12:50 o'clock p.m. until 2:00 o'clock p.m. 420 MINUTES OF REGULAR MEETING, JUNE 4, 1979 (CONTINUED) /f~ , PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE COUNTr ZONING ORDINANCE AMENUING SECTION 71-1 (2), GENERAL REQUIREMENTS, TO CLARIFY THE PROCEDURES INVOLVED IN FILING AND PLANNING COMMISSION REVIEW OF A SPECIAL USE PERMIT APPLICATION AND AMEND SECTION 111-1, ACTION BY THIS PLANNING COMMISSION, TO CLARIFY THE REQUIREMENTS OF PLANNING COMMISSION REVIEW. Mr. Charles Lilley of the Planning Department reported that these amendments were considered by the Planning Commission at the May 2 meeting and both the Planning Commis- sion and Staff recommended approval. Comm. O'Shields moved, seconded by Comm. Armistead, to adopt the following amend- ments, to the Zoning Ordinance as presented adding under 71-1 (2) "or their duly au- thorized agent". (2) The owner or owners, or their duly authorized agent, of the property included in the petition for a Special Use Permit shall submit an appli- cation to the Planning Department at least fifteen (15) working days prior to the regular meeting of the Planning Commission. Such applica- tion shall include all of the requirements pertaining to it in this Article. The Planning Commission shall consider and make recommendations to the County Commissioners concerning such Special Use Permit applica- tion. The Planning Commission shall review all applications at a regularly scheduled public meeting held and, advertised in accordance with its Rules of Procedure then in, effect. In lieu of separate consideration, the Planning Commission may review an application in a joint meeting with the County Commissioners at a public hearing held in conformity with the requirements of Section 112.-1 of this Ordinance. o 1. Section 71.,1 General Requirements 2. Section III Action by the Planning Commission 111-1 Planning Commission Consideration - The Planning Commission shall consider and make recommendations to the County Commissioners concerning each proposed zoning amendment. The Planning Commission shall review any proposed amendment at a regularly scheduled meeting held and advertised in accordance with its Rules of Procedure then in effect. In lieu of separate consideration, the Planning Commission may review an amendment in a joint meeting with the County Commissioners at a public hearing held in conformity with the requirements of Section 112.-1 of this Ordinance. o Upon vote, the motion carried unanimously. REFUSAL TO PAY MEDICAID Comm.,Wright moved, seconded by Comm. Armistead, to refuse to pay medicaid in excess of the currently budgeted funds on the recommendation of the County Manager and Director of Social Services. Upon vote, the motion carried unanimously. Comm. Wright moved, seconded by Comm. Armistead, to write the County's three legislators, the Governor and the State Social Services Director and advise them of ' 'the Board's action and the reasons for it. Upon vote, the motion carried unanimously. BUDGET AMENDMENTS - SOCIAL SERVICES The Director of Social Services explained the following budget amendments and requested approval: Debit - Acct. 1/41 609 02, Salaries & Wages $5,000 Credit - Acct. 1/41 609 11, Telephone & Postage $5,000 Debit - Acct. 1/41 609 02, Salaries & Wages $ 800 Credit - Acct. 1/41 609 32, Copying & Duplicating $ 800 Debit - Acct. 1/41 609 02, Salaries & Wages $ 10 Credit - Acct. 1/41 609 45, Contracted Services $ 10 Credit - Acct. 1/41 350 21, State Paid Abortion $ 700 Oebit - Acct. 1/41 610 20, State Paid Abortion $ 700 Credit - Acct. 1/41 350 16, 100% Day Care $18,858 Debit. - Acct. 1/41 610 16, 100% Day Care $18,858 o Comm. Gottovi moved, seconded by Comm. O'Shields, approval of the budget amendments as requested. Upon.vote, the motion was defeated as follows: Voting Aye: Voting Noe: Comm. Gottovi and Comm. O'Shields Comm. Armistead, Wright and Chm. Williams 421 '1:;'/' MINUTES OF REGULAR MEETING, JUNE 4, 1979 (CONTINUED) BUDGET AMENDMENTS - SOCIAL SERVICES (CONTINuED) Comm. Wright moved, seconded by Comm. : Williams, to table this to and get a breakdown on the telephone and postage,account and how much for mailing food stamps. Upon vote, the motion carried as follows:, o o o the next meeting is going Voting Aye: Voting Noe: Comm. Armistead, Wright and Chm. Williams Comm. Gottovi and Comm. O'Shields Comm. O'Shields moved, seconded by Comm. Armistead, to transfer $1,000 from, Salaries and Wages to Telephone and Postage and all other transfers be approved as requested. Upon vote, 'the motion carried unanimously. AWARD OF BID FOR MICROFILM FILING SYSTEM - SOCIAL SERVICES Only one bid was received on the microfilm filing system for the Department of Social Services from Cavin's Business Products, Inc. in the amount of $13,908. Comm. Gottovi moved, seconded by Comm. O'Shields, to award the bid for!,the microfilm filing system for the Department of Social Services to CaVin's Business Products, Inc. in the amount of $13,908. Upon vote, the motion carried unanimously. WASTE CONTAINERS AT WILMINGTON BEACH Comm. Armistead moved, seconded by Comm. Gottovi, to approve the transfer of $2,000 from Contingencies, Acct. #11 445 61, to Contracted Services, Acct. #11 540 45, in the Engineering budget to cover the co~t of placing two 8-yard trash containers at Wilmington Beach. Upon vote, the motion carried unanimously. CHANGE ORDERS - LAW ENFORCEMENT CENTER Mr. E. J. Marsh of Ballard, McKim & Sawyer, Architects for the Law Enforcement Center, appeared before the Board to explain several change orders that were requested. Comm. Gottovi moved, seconded by Comm. O'Shields, to approve Change Order E-5 which provided for relocating a light fixture and provided wiring for an additional door monitor and the following budget amendment for this work. Debit - Acct. #77 575 80, Contingencies (Project) Credit - Acct. #77 575 72, Electrical,Contract $ 997.17 $ 997,17 Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, Gottovi and O'Shields Comm. Wright and Chm. Williams , " Comm. Armistead moved, seconded by Comm. Gottovi, that the change or~ers the Board had ,not rec~ived copies of priorcto the meeting be postponed until the next meeting. Upon vote, the motion carried as follows: Votfng Aye: Voting Noe: Armistead; Gottovi,_Wright and O'Shields Ccimm. Connn. Chm. Williams I .. " .' - . f. ~ Comm. Gottovi moved, seconded by Comm. O'Shie~ds to approve 9hange Order ,G-}2" providing,for outside hydrants" additional dark room"faucet and drain for wash drum in the darkroom and the following budget ,transfers for the work: 'Debit ~--'Acet.- 1/77 575 80,' Contingencies (Project) Credit - Acct. #77 575 70, General Contract $2,305,00 $2,305.00 Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Gottovi, O'Shields and Chm. Williams Comm. Armistead and,Wright Comm. O'Shields moved, seconded by Comm. Wright, to rescind the earlier motion concerning change orders the Board had not received copies of and act on Change Order G-ll which increased the Contract with J. M. Thompson Company by the amount necessary to make repairs outlined in an agreement with the City of Wilmington to repair certain damages caused by the Law Enforcement Cent~r construction. along with the following budget amendment: Debit - Acct. #77 575 80, Contingencies (Project) Credit - Acct. #77 575 70, General Contract $3,318.80 $3,318.80 Upon vote, the motion carried unanimously. 422 '/,;l.;;J.. MINUTES OF REGULAR MEETING, JUNE 4, 1979 (CONTINUED) AUTHORIZATION FOR CHAIRMAN TO EXECUTE DEED TO CITY OF WILMINGTON FOR PROPERTY ADJACENT TO LAW ENFORCEMENT CENTER Comm. Wright moved, seconded by Comm. Gottovi, to authorize the Chairman to execute a deed to the City of Wilmington for a 12 foot by 66 foot strip of property adjacent to the Law Enforcement Center for a driveway behind the Von Glahn House. Upon vote, the motion carried unanimously. CAPITAL PROJECT ORDINANCE FOR CONSTRUCTION OF TAXIWAY "B" AT THE AIRPORT Mr. Ervin N. Dehn, Jr. of Talbert-Cox & Associates, consulting engineers, appeared before the Board to explain the Taxiway "B" design and reported that New Hanover County had received a grant from the FAA in the amount of $777,868 for the construction of this taxiway. Capital Project 0, the motion carried Comm. O'Shields moved, seconded by Comm. Armistead, to adopt the Ordinance for Construction of Taxiway "B" at the Airport. Upon vote, unanimously. A copy of the Ordinance is contained in Exhibit Book VII, Page 7. PROPOSALS FOR SUBSURFACE INVESTIGATIONS - ADAP-06 Mr. Ervin N. Dehn, Jr. of Talbert-Cox & Associates, consulting engineers, appeared before the Board to explain the proposals received for the construction of Taxiway "B" and recommended the contract to be awarded to Soil & Materials Engineers, Inc. Comm. Armistead moved, seconded by Comm. Wright, to approve the proposals from Soil & Materials Engineers, Inc. as recommended in an amount not to exceed $5500.00. Upon vote, the motion carried unanimously. CETA PROJECT ORDINANCES County Manager Eller explained the proposed project ordinances for each of the CETA projects and explained the projects. Comm. Gottovi moved, seconded by Comm. O'Shields, to adopt the Capital Project Ordinances for the CETA projects. Upon vote, the motion carried unanimously. Copies of the Ordinances are contained in Exhibit Book VII, Page 8. o BUDGET TRANSFER - MUSEUM Comm. Gottovi moved, seconded by Comm. Armistead, approval of the'following budget transfer in the Museum budget- to purchase carpet for the Colonial area: Debit - Acct. 1111 625 13, Utilities $ 220.00 Debit - Acct. 1111 625 32, Copying & Duplicating $ 59.00 Credit - Acct. 1111 625 33, Supplies & Materials $ 279.00 Upon vote, the motion carried unanimously. BUDGET TRANSFER,- AIRPORT Comm. Armistead moved, seconded by Comm. Gottovi"to' approve the following budget transfers in the Airport budget: Insurance settlement for repairs to canopy at Airport ,Terminal Debit - Acct. 1131 333 04, Miscellaneous Income Credit - Acct. 1131 650 15, M & R - Buildings & Grounds $ 356.23 $ 356.23 Insurance settlement for wind damage to Piedmont's hanger Debit - Acct. 1131 333 04, Miscellaneous Income Credit - Acct. #31 650 IS, M & R - 'Building & Grounds $1,360.00 $1,360.00 Debit - Acct. 1131,333 04, -Miscellaneous Income Credit - Acct. 1131 650 IS, M & R - Building & Grounds $ 366.06 $ 366.06 o Insurance settlement for repairs to fence damaged by automobile Maintenance to heavy equipment at Airport Debit Acct. #31 650 13, Utilities Credit - Acct. 1131 650 16, M & R - Equipment $ 300.00 $ 300.00 Upon vote, the motion carried unanimously. BUDGET AMENDMENTS - CETA Comm. Gottovi moved, seconded, by Comm. Armistead, to approve the following budget amendments in the CETA budget to correct a previous budget amendment: tf:>-:3 MINUTES OF REGULAR MEETING, JUNE 4, 1979 (CONTINUED) 423' '0 o o BUDGET TRANSFER - CETA (CONTINUEDL Debit - Acct. 1161 350 39, State Grants Credit - Acct. 1161 683 17, Indirect Cost Debit - Acct. 1161 680 17, Indirect Cost Credit - Acct. 1161 350 33, State Grants $ 270.00 $ 270.00 $1,628.00 $1,628.00 Upon vote, the motion carried unanimously. BUDGET MIENDMENT - HEALTH DEPARTIIENT Comm. Gottovi moved, seconded by Comm. O'Shields, to approve the following budget amendments in the Health Department budget to complete this fiscal year: Debit - Acct. #44 591 33, Supplies Credit - Acct. #44 591 10, Auto Allowance $ 520.00 $ 520.00 $ 300.00 $ 300.00 $ 297.36 $ 297.36 Debit - Acct. #44 595 14, Travel, Meeting & Schools Credit - Acct. #44 595 10, Auto Allowance Debit - Acct. #44 368 16, WIC Income Credit - Acct. #44 598 57, Misc. Expenditures BUDGET AMENDMENT -. AGRICULJ:l1M1. J:;XTENSION t' Comm. Wright/,l~~'a 'by GIo'1\frn.c't:6i:'Fov~n.t!0 approve the following budget transfer for Agricultural Extension to purchase chairs and bookcases: Debit - Acct. #11 615 15, M & R - Building & Grounds $ Credit - Acct. #11 615 74, Capital Outlay - Equipment $ 430.00 430.00 Upon vote, the motion carried unanimously. SALE OF SURPLUS ITEMS Comm. Armistead moved, seconded following items at public auction on , by Comm. Gottovi, to approve the sale of the June 16, 1979: 1954 GMC 2 1/2 Ton Truck/Shop Van, 6 Cylinders - Serial Number 354 1962 Stude~aker 2 1/2 Ton Truck - Serial Number M54446 (1) Remington Typewriter - Manual (1) 3-M Model 209 Copier, Serial No. 125755 (1) Prescision "Recordak" Reader-Printer, laX24 Copies, Wet Process Upon vote, the motion carried unanimously. DISCUSSION ON DEVELOP}IENT PROGRAM ' County Manager Eller explained that the County was requested to submit a progress report for designation as a Redevelopment Area. It was agreed to put this item on the agenda forthe next meeting. EXECUTIVE SESSION Chairman Williams moved, seconded by Comm. Armistead, that the meeting be-recessed to Executive Session for Committee appointments and land acquisition. Upoll"vote, the motion carried unanimously. Chm. Williams recessed the meeting to Executive Session at 3;19 o'clock p. m. Chm. Williams reconvened the meeting to Public Session at 3:47 o'clock p. m. ADOPTION OF AMENDMENT TO PRELIMINARY CONDEMNATION RESOLUTION FOR FIL nt to t e Comm. O'Shields moved, seconded by Comm. Armistead, to adopt the re mlnary eondem- nation Resolution ofi,the Board of Commissioners of New Hanover County. Upon vote, the motion carried unanimously. A copy of the Resolution is contained in Exhibit Book VII, Page 9. APPOINTMENTS TO MUSEUM BOARD OF TRUSTEES Upon motion by Comm. Wright, seconded: by Comm. Armistead, the following persons were unanimously reappointed to the Museum Board of Trustees for additional three- year terms. Mrs. Helen Willetts Mrs. Connie Gillen Mrs. Jean Kelly I 1424 1 I, MINUTES OF REGULAR MEETING, JUNE 4, 1979 (CONTINUED) "/.:>.'1 APPOINTMENTS TO COUNCIL ON THE STATUS OF WOMEN Upon motion by Comm. Gottovi, seconded by Comm. O'Shields the following persons were unanimously reappointed to the New Hanover Council on the Status of Women for 2 year terms. (See Page 426 for correction.) Mrs. Karen Rose Mrs. Lois Hart Mrs. JoAnne Swart APPOINTMENTS TO RETIREMENT SYSTEM BOARD OF TRUSTEES Upon motion by Comm. Armistead, seconded by Comm. O'Shields, the following were unanimously reappointed to additional terms on the Retirement System Board Trustees: persons of Mr. Louten Hedgpeth Mr. Richard M~rgan o APPOINTMENT TO CAROLINA BEACH PLANNING'AND ZONING COMMISSION' Comm. O'Shields moved, seconded by Comm. Gottovi, to appoint Mr. Hiram Tucker to the Carolina Beach Planning & Zoning Commission as recommended by the Carolina Beach Town Council. Upon vote, the motion carried unanimously. APPROVAL OF PRELIMINARY CONCEPT FOR MASONBORO ISLAND AND SNOW'S CUT PARKS Mr. Steve Stevens, Director of Parks and Recreation, presented to the Board the preliminary concept plans for Masonboro Island and Snow's Cut Parks. Comm. Gottovi moved,'seconded by Comm. Armistead, to approve the preliminary concept plans for Masonboro'Island and Snow's' Cut Parks as recommended. Upon vote, the motion carried unanimously. BREAK Chm. Williams recessed the meeting for a break at 4:00 o'clock p. m. COMMS. ARMISTEAD AND WRIGHT LEFT AT 4:00 O'CLOCK P. M. AND WERE' ABSENT FOR THE BALANCE OF THE MEETING. Chm. Williams reconvened the meeting at 4:15 o'clock p. m. WATER QUALITY MANAGEMENT PLANNING PROGRAM 0 Mr. Allen Clemick, Mr. Harvey Kender, Mr. Jim Smith, and Ms. Jean'Davis of the N. C. Department of Natural Resources and Community Development Division of Environmental Management appeared before the Board to informally discuss water quality problems in the area with area Commissioners, Health Directors and other interested persons. ADJOURNMENT Comm. Gottovi moved, seconded by Comm. Williams, that the meeting be adjourned. Upon vote; the motion carried as follows: Voting Aye: Absent: Comm. Gottovi, O'Shields and Chm. Williams Comm. Armistead and Wright Chm. Williams adjourned the meeting at 5:05 o'clock p. m. Respectfully submitted, I +-~. /t-dI nc.~c.~/t' Alyce B. Rusmisell Clerk to the Board abr o