1979-11-05 Regular Meeting
500
Sit>Z>
MINUTES OF SPECIAL MEETING, OCTOBER 22, 1979 (CONTINUED)
DISCUSSION ON PROPOSED LIBRARY PLANS (CONTINUED)
Mr. Doug McFayden
Mr. Gene Merritt
Mr. Claude Efird
Dr. Jim Hundley, Chm. of the Library Advisory Board
Mrs. Gorda Singletary
ADJOURNMENT
Comm. O'Shields moved, seconded by Comm. Gottovi, that the meeting 'be adjourned.
Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, O'Shields, and Chm. Williams
Comm. \~right
o
Chm. Williams adjourned the meeting at 10:00 P. M.
Respectfully submitted,
~~,/l~
Alyce B. Rusmisell
Clerk to the Board
MINUTES OF REGULAR MEETING, NOVEMBER 5, 1979
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on
Monday, November 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
George F. Cooper; County Attorney James C. Fox; and Clerk to the Board, Alyce B.
Rusmisell. No members were absent.
Chm. Williams called the meeting to order.
o
Rev. Robert Jernigan of Immanuel. Baptist Church offered the invocation.
INTRODUCTION OF NEW FINANCE OFFICER
County Manager Cooper introduced Mr. Andrew J. Atkinson, who assumed his
duties as New Hanover County Finance Officer on November 1, 1979.
APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 15, 1979
Upon motion by Comm. Gottovi, seconded by Comm. O'Shields, the Minutes of
the Regular Meeting of October 15, 1979, were unanimously approved as presented.
APPROVAL OF MINUTES: SPECIAL MEETING, OCTOBER 22, 1979
Comm. Wright pointed out that on page 499 under "Assembly" ,she was listed
as Chairman. Comm. Wright also requested permission to abstain from voting on
the approval since she was not present at the meeting.
Comm. Gottovi moved, seconded by Comm. Armistead, that the Minutes of the
Special Meeting of October 22, 1979, be approved as amended by correcting the
name of the Chairman. Upon vote, the motion carried as follows:
Voting Aye:
Abstaining:
Comm. Armistead, Gottovi, O'Shields and Chm. Williams
Comm. Wright
AWARD OF CONTRACTS FOR LIBRARY
Mr. John Jefferies of Jefferies & Faris, Architects for the Library, appeared
before the Board and presented a tabulation of bids received on November 1, 1979,
for the Library project. The architects recommended the contracts be awarded to
the low bidders as follows:
o
General Contract - T. A. Nye & Sons
Plumbing Contract - J. J. Barnes
Electrical Contract - Watson Electrical
Construction Company
Heating & Air Conditioning Contract - Henry
Baker Heating Company
$1,208,000.00
54,800.00
364,760.'00
TOTAL ALL CONTRACTS
300,000.00
$1,927,560.00
'SI//
MINUTES OF REGULAR MEETING, NOVEMBER 5, 1979 (CONTINUED)
501
AWARD OF CONTRACTS FOR LIBRARY (CONTINUED)
Mr. Franklyn Parkinson, Chairman of the Library Building Committee, stated that
the Committee recommended that the bids be accepted and the contracts be awarded as
recommended by the architects inasmuch as they were within the financial commitment
and the committee also recommended that construction be started immediately to avoid
the cold weather.
A copy of the bid tabulation is contained in Exhibit Book VII, Page 35.
Comm. Gottovi,moved, seconded by Comm. Armistead, to accept the bids as recommended
by the building committee and the architects and make the following budget amendments
that were necessary to start the project:
0 Revenue
Debit - Acct. 1/82-329-00, Interest on Investments $ 71,135
- Acct. 1/82-359-00, Donations 25,000
Expenditures
- Acct. 1/82-575-37, Sales Tax 30,000
---Acct. 1/82-575-79, Property Taxes 4,351
- Acct. 1/82-575-77 , Owners Furnished Consultants 3,300
- Acct. 1/82-575-76, Additional Architectural Services 3,000
- Acct. 1/82-575-72 , Building 1,870,857
Credit - Acct. 1/82-575-78, Furnishings & Equipment $ 25,000
- Acct. 1/82-575-04, Professional Services (Appraisal) 750
(Contracts)
- Acct. 1/82-575-65, General 1,208,000
- Acct." 1/82'-575-66, Electrical 364,760
- Acct., 1/82-575-67, Hea ting & AI C 300,000
- Acct. 1/82-575-68, Plumbing 54,800
- Acct. 1/82-575-69, Contingencies 40,000,
- Acct. 1/82-575-75, Architect's Fees 14,333
o
o
Mr. M. H. Vaughan commented.
Comm. Williams moved to leave the corner opening at 2nd and ChestnutcStreets left
with a sheet of glass across it with a planter and a bench in front' of it. The motion
didinot receive, a second.
The following persons offered comments:
Mr. John Jefferies
Comm. Wright
Comm. O'Shields
Comm.: Gottovi
Mr. M. H. Vaughan
Mr. Franklyn Parkinson
Upon vote, Comm. Gottovi's motion carried unanimously.
(See Page 511 for correction in Chm. wiUiams' vote.)
Mr. C. G. Berry commented.
ADOPTION OF FINAL CONDEMNATION RESOULUTION FOR LIBRARY PURPOSES
On motion duly made by Comm. Claud O'Shields, Jr. and seconded by Comm. Howard L.
Armistead, _ Jr_., the Board of Commissioners of New Hanover"County adopted the following
final condemnation resolution by the following vote:
Voting Aye:
Voting Noe:
Absent:
Comm. Armistead, Gottovi, O'Shields,and Chm. Williams
Comm. Wright
None
RESOLVED
1. In connection with the condemnation of the-property of Elizabeth W.
Broadfoot, Trustee, a Board of Appraisers has been appointed to determine the
compensation to be paid for the property;acquired, as more particularly described
hereinafter. The appraisers have submitted their written report to the Board
,
of Commissioners of New Hanover County, through" the County Manager.
I
,
2. The amount of damages and benefits and the amount of compensation
to be paid to the owners as fixed by the:Board of Appraisers are as follows:
I
Amount of Damages:
Amount of Benefits:
Amount of Compensation
$40,000.00
-0-
$40,000.00
502
MINUTES OF REGULAR MEETING, NOVEMBER 5, 1979 (CONTINUED)
ADOPTION OF FINAL CONDEMNATION RESOLUTION FOR LIBRARY PURPOSES (CONTINUED)
so~
3. New Hanover County hereby acquires the property described herein
under the power of eminent domain and pursuant to North Carolina 'General
Statutes, , Section l53A-159 and Chapter l60A, Article II.
4. Schedule A, attached hereto and made a part hereof, contains
the description of the tract or parcel of land in which property rights
are acquired by New Hanover County. The nature of the estate acquired
in the tract or parcel is an estate in fee simple. ,
5. The property is to be acquired for the purpose of establishing,
constructing, operating and maintaining public library facilities.
6. The names of the owner and all other persons made parties to
the proceeding are as follows:
o
Elizabeth W. Broadfoot, Trustee
226 Colonial Drive
Wilmington, North Carolina 28403
M & J Finance Corporation
G. R. Funderburke, Manager
215 Chestnut Street
Wilmington, North Carolina 28401
7. The Board of Commissioners of New Hanover County determines that
the County will take title to and possession of the property and began
to exercise the property rights acquired on December 1, 1979. All parties
are hereby directed that, unless otherwise ordered or agreed, the premises
shall be vacated, possession of the property shall be given to New Hanover
County and control over the rights acquired shall be relinquished by said
date.
8. The owner of the property will be permitted to remove all or any
portion of any buildings, structures, permanent improvements or fixtures
situated on or affixed to the property. The owner may remove all personal
property and trade fixtures.
o
9. The owner of the property has thirty (30) days within which to
give notice of appeal to the General Court of Justice. New Hanover County
has thirty (30) days within which to give notice of appeal to the General
Court of Justice, but only with respect to the issue of compensation.
10. A copy of this Final Condemnation Resolution shall be served
on all owners named in paragraph 6 above, by registered mail to each
person's last known address. In addition, this final condemnation
resolution shall be recorded and indexed in the office of the Register
of Deeds of New Hanover County.
SCHEDULE A
BEGINNING at a point in the Northemline of Chestnut Street 66 feet West
of its intersection with the Western line of Third Street, and running
thence Westwardly along said Northern line of Chestnut Street 52 feet,
thence Northwardly and parallel with Third Street 66 feet, thence East-
wardly and parallel with Chestnut Street 52 feet, and thence Southwardly
and parallel with Third Street 66 feet to the Beginning; the same being
part of Lot 6 in Block 192, according to the official Plan of the City
of Wilmington, North Carolina..
"
JR. LEAGUE DONATION FOR LIBRARY
Chm. Williams read a ,letter from the Jr. League of Wilmington advising
of their financial commitment in the amount of $25,000 for the New Hanover
County Public Library.
o
Comm. Wright moved, seconded by Comm. O'Shields~ to write a letter of
appreciation to the Jr. League. Upon vote, the motion carried unanimously.
INVITATION TO MUSEUM EXHIBIT COMMEMORATING 250TH ANNIVERSARY OF NEW HANOVER COUNTY
Museum Director Janet Seapker appeared before the Board to invite the Com-
missioners to the opening on November 18 of an exhibit which would commemorate the
250th anniversary of New Hanover County and St. James Parish.
BUDGET TRANSFER - JAIL
Upon motion by Comm. Wright, seconded by Comm. O'Shields, the following
amendment in the Jail budget to purchase a mobile cart for storage of inmate
property was unanimously approved:
~()J
o
o
o
MINUTES OF REGULAR MEETING, 'NOVEMBER~5;-1-.j?9 (CONTINUED)
BUDGET TRANSFER -'JAIL (CONTINUED)
503
Debit - Acct. #11 520 33, Supplies & Materials
Credit - Acct. #11 520 74, Capital Outlay - Equipment
$ 450.
$ 450.
BUDGET TRANSFER - BUILDING & GROUNDS
Upon motion by Comm. O'Shields, seconded by Cbmm. Wright, the following transfer
in the Building and Grounds budget to purchase equipment and tools for the heating
and air conditioning mechanic was unanimouslY,approved:
Debit - Acct. #11 535 15, M & R - Building & Grounds
Credit - Acct. #11 535 33, Departmental Supplies
$ 400.
$ 400.
BUDGET AMENDMENT - ENGINEERING & INSPECTIONS
Upon motion by Comm. O'Shields, seconded by Comm. Wright, the following amend-
ment in the Engineering & Inspections budget to cover the cost of stone and clay for
the landfill was unanimously approved:
Debit - Acct. #11 445 61, Contingencies
Credit - Acct. #11 540 18, Mainteneance of Landfill
$7,360.
$7,360.
BUDGET AMENDMENT - PARKS & RECREATION
Upon motion by Comm. O'Shields, seconded by Comm. Wright, the following transfer
in the Parks & Recreation budget to cover the cost of moving equipment to correct a
drainage problem a~ Hugh MacRae Park was unanimously approved:
Debit - Acct. #11 620 73, Capital Outlay ~ Other-Improvements
Credit - Acct. #11'620 45, Contracted Services
$ 200.
$ 200.
BUDGET AMENDMENT -'CLERK OF COURT
Upon motion by Comm. Wright, seconded by Comm. Armistead, ,the following amendment
in the Clerk of Court budget'to pay for furniture and equipment for the new Judge's
office was unanimosuly approved:
Debit - Acct. It 11 445 61,', Contingencies
Credit - Acct. # 11 640 74, Capital Outlay - Equipment
$ 992.
$ 992.
BUDGET AMENDMENT - PLANNING & ZONING
Planning Director Bill Farris explained the grant for updating the CAMA Land Use
Plan.
Upon motion by Comm. Gottovi, seconded by Comm. O'Shields, the following amendment
in the Planning & Zoning budget to appropriate funds for a grant received to update
the CAMA Land Use Plan was unanimously approved and the Chairman authorized to execute
the contract with the Department of Natural Resources 'and Community Development:
Debit
Credit
- Acct. #11 350 48,
Acct. #11 490 90,
$24,000
, ' $24,000
State Grants - Land Use Plan ,
Due Other Agencies - City of
Wilmington
BUDGET AMENDMENT - HEALTH DEPARTMENT
Upon motion by Comm. O~Shields, seconded by Comm. ,Wright, the following amendment
to adjust the School Health budget to the amount approved by the State was unanimously
approved: '
Debit - Acct. #44 361 13, School Health Revenue
Credit - Acct. #44 590 68, School Health
$ 563.
$ 563.
BUDGET AMENDMENT - FINANCE DEPARTMENT
Upon motion by Comm. ,Armistead, seconded by Comm. 'Gottovi, the following amendment
to the Finance Department budget to cover moving expense for the new Finance Officer
was unanimously approved:
Debit Acct. #11 445 61, Contingencies
Credit - Acct. #11 440 57, Miscellaneous Expense
, $998.95
$ 998.95
BUDGET AMENDMENT - GOVERNING BODY
Upon motion,~y Comm. O'Shields, seconded by Comm. Armistead, the following amendment
in the Governing Body budget to cover the cost of a cash audit for the period 7/1/79
through 10/31/79 'was unanimously approved:
Debit - Acct. #11 445 61, Contingencies
Credit - Acct. #11 410 04, Professional Services
$3,000.
$3,000.
BUDGET AMENDMENT - HOSPITAL EXPANSION
Upon motion by Comm. O'Shields, seconded by Comm. Armistead, the following amend-
504
MINUTES OF REGULAR MEETING, NOVEMBER 5, 1979 (CONTINUED)
Si> 'I
BUDGET AMENDMENT - HOSPITAL EXPANSION (CONTINUED) _
ment in the Hospital, Expansion Proj~ct budget to disburse Rayment to the Hospital
for interest earned on the $100,000 Certificate of Deposit held in contingencies,
was unanimously approved:
Debit - Acct. #78 329 00, Interest on Investments
Credit - Acct. #78 575 91, Payment to Hospital
$ 925.69.
$ 925.69.
BID ON MALATHION FOR HEALTH DEPARTMENT
The following bids were received on malathion for the Health Department:
AG-Mark; Inc.
Wm. F. Strickhouser
$2,984.25
$3,295.56
Comm. O'Shields moved, seconded by Comm. Armistead, to accept the low bid from 0
AG-Mark, Inc. in the amount of $2,984.25 as recommended by the Health Department.
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, November 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:
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY
(APPROXIMATELY ONE-HALF ACRE) LOCATED ON THE SOUTH SIDE OF THE PRIVATE ROAD TO CEDAR
ISLAND APPROXIMATELY 1,000 FEET SOUTHEAST OF THE END OF OLD MILITARY ROAD, FOR A
PRIVATE DOCK AND BOATING FACILITY IN AN R-20 (RESIDENTIAL) DISTRICT.
Upon request by Chm. Williams, Mr. Charles Lilley of the Planning Staff read
into the record the following four points that the Commissioners would have to
consider in their decision:
1. That the use would not materially endanger the public health or safety
if located where proposed and developed according to the plan as sub-
mitted and approved.
2. That the" use would meet all required conditions and specifications.
3. That the use would not substantially injure the value of adjoining or
abutting property or the use was a public necessity.
4. That the location and character of the use, if developed according to 0
the plan as submitted and approved, would be in harmony with the area
in which it was located and in general conformity with the plan of
development for New Hanover County.
Planning Director Bill Farris explained how the Planning Department performed
their investigations and formed their recommendations.
Planning Director Bill Farris reported that the Planning Commission had con-
sidered this request in its meeting in October and recommended approval by a
vote of 4 to 2 with 2 members abstaining. The Planning Staff had also recommended
approval with the following, conditions:
(1) All trees and shrubbery"shall be left along the edge of the property
which borders the Old Military Road and a gate shall be constructed
to maintain privacy and limit access. This gate shall be kept locked
at all times and only members of the "Quail Woods Access Corporation"
shall have a key to open this gate.
(2) Non-members shall not use'the:':facili!:ies.:without"a member being present.
(3) There shall be no permanent parking of "cars or trailers or boats on the
grounds of the Quail Woods Access Corporation.
(4) There shall be no vehicular access to the grounds of the Quail Woods
Access Corporation except through the gate along the border parallel
to the Old Military Road. '
(5) Night lighting shall be so designed so as to control the dispersion of
light on the dock and ramp areas. 0
(6) No rafting of boats shall be allowed. Rafting is defined as securing
one boat to another side to side parallel to each other.
(7) The area adjacent to the facilities of the Quail Woods Access Corp-
oration as well as the lagoon shall be considered a no wake zone.
(8) Only boats belonging personally, to members of Quail Woods Access
Corporation shall be allowed to use the docking facilities of the
Quail Woods Access Corporation. '
(9) Plan as submitted and approved with the application for Special Use
Permit; and
(10) That the Special Use Permit shall comply with all other supplemental
regulations and requirement~ i~posed by the Zoning ,O~dinanc~ or any
other Federal, State, or Local Ordinance.
50~ MINUTES OF REGULAR MEETING, NOVEMBER 5, 1979 (CONTINUED)" 505 '
SPECIAL USE.,PERNIT - CEDAR ISLAND." (CONTINUED)
Chni.-.wi1:iiams ask~d if' there was -arly6iie preserit:t9-CspeaFin favof-of..-this request
.,/, ..". - ._,- . . - .- .-.
a1J.d -,the following_ persons appeared,:,to request., approval: -, .
o
o
o
Mr. Dumay'Gorham, Attorney for the petitioners
Mr. Bill Steuer, representing Quail Woods Access Corporation
Chm. Williams asked if there was anyone present to speak in opposition and the
following residents of Cedar Island spoke in opposition:
Mr. Robert M. Williams, Jr.
Mr. Lem Doss
The following persons offered additional comments:
County Attorney James C. Fox
Attorney Dumay'Gorham
Mr. M. H. Vaughan
Dr. Richard Tamisiea
Comm. 0' Shields moved that this item be table'd until the first meeting" in
December and that they consider, from the standpoint of access, just a strip adjacent
to the existing road and going down as just a boat ramp - the same type of access
they had before.
The following persons commented:
Chm. Williams
Mr. Robert Williams
Mr. Bill Steuer
Comm. O'Shields
Mrs. Terry Donahue
Comm. Wright
Attorney Dumay Gorham
Comm. Wright seconded Comm. O'Shields motion to table.
Mr. Lem Doss commented
Comm. Gottovi commented
Upon vote, Comm. O'Shields motion carried unanimously.
BREAK
Comm. Wright moved to take a 5 minute break.
Chm. Williams recessed the meeting for a break from 11:03 o'clock a. m. until
11:15 o'clock ,a. m.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PER}IIT TO USE PROPERTY
LOCATED AT 413 SHUNEY STREET FOR A DUPLEX IN AN R-15 (RESIDENTIAL) DISTRICT
Mr. Charles Lilley of the Planning Department reported that the Planning Com-"
mission had considered this request at its meeting on October 3 and recommended
approval. The Planning Staff had also recommended approval.
Chm. Williams asked if there was anyone present to speak in favor of or against
this request and no one appea'red-.
After the Commissioners 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 locatiori 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. Wright moved, seconded
by Comm. Gottovi, 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 U. S. HWY. 117 APPROXIMATELY 390 FEET NORTH OF ARLENE
DRIVE FOR A PLANT NURSERY ACCESSORY BUILDING IN AN R-20 (RESIDENTIAL) DISTRICT
Mr. Charles Lilley of the Planning Department reported that the Planning Com-
missibn'h8d-cdns~dered this application at its meeting in October and both the
Planning Co~ission and Planning Staff re~ommended approval.
Chm. Williams asked if there was anyone present to speak in opposition of or
in favor of this application and no one appeared.
50,6
MINUTES OF REGULAR MEETING, NOVEMBER 5, 1979 (CONTINUED)
SPECIAL USE PERMIT - LOCATED ON THE EAST SIDE OF U. S. HWY. 117 (CONTINUED)
After the Commiss10n;,hadiconsidered 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 located and in general conformity with the plan of development
for New Hanover County, Comm. Wright 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 CONSIDERA:lENDMENT "TO',THE .COUNTY ZONING" ORDINANCE -. SECTION 72-5 0
Mr. Charles Lilley of the Planning Department explained the proposed amend-
ments to the Zoning Ordinance and reported that the Planning Commission had con-
sidered these amendments at its meeting on September 12 and recommended approval.
The Planning Staff also recommended approval.
s-"'~
Chm. Williams asked if there was anyone present to speak on the proposed
amendment and no one appeared.
Upon motion by Comm. Armistead, seconded by Comm. Gottovi, the following amend-
ment to the County Zoning Ordinance was unanimously adopted:
Section 72-5 paragraph (1) (a)
Proposed multi-family developments containing five (5) or more units shall
. have direct and adequate access to an existing collector or arterial facil-
ity as indicated on the New Hanover County Thoroughfare Classification Plan.
The adequacy of, the facility which provides direct access from the resi-
dential area of the proposed development to the collector or arterial shall
be judged in terms of its ability to: (1) Safely handle the traffic gen-
erated by the proposed development; (2) Accommodate the safe and efficient
delivery of public services; (3) Prevent to every degree possible the
traffic generated by the proposed development from intruding into existing
or proposed residential development.
o
Such access shall be designed to comply with the local residential street
standards found in the "North Carolina Department of Transportation, Sub-
division Roads, July I, 1979 - Minimum Construction Standards" manual, or
as thereafter amended.
PUBLIC HEARING TO CONSIDER AMENDMENT TO THE COUNTY ZONING ORDINANCE - SECTION 72-29
Planning Director Bill Farris explained the conditions leading up to this
amendment and reported that the Planning Commission had considered the amendment
at its meeting on October 3 and recommended approval. The Planning Staff had re-
commended denial.
Chm. Williams asked if there was anyone present to speak in favor of this
amendment, and Mr. Bob Johnston appeared to request approval.
Upon motion by Comm. Wright, seconded by Comm. Armistead, the following
Amendment to the County Zoning Ordinance was unanimously adopted:
Amend Section 72-29 to add the following provision:
(9) A mobile home may be used as a separate and unattached residential
structure under this provision, provided:
a. An area of 15,000 square feet can be designated for the
use of:the residents, free from any use or activity needed
to operate the business, and;
b. The mobile home shall be screened from view by adjacent
properties or rights-of-ways as specified in Section 67
of this Ordinance, and
c. Items 2, 3, 6, 7 and 8 above shall be incorporated in the
site review and approval for this subsection.
o
PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING
COMMISSION TO DENY REZONING PROPERTY (4949 WRIGHTSVILLE AVENUE) LOCATED AT THE
NORTHWEST CORNER OF TIlE INTERSECTION OF WRIGHTSVILLE AND WALLACE AVENUE FROM AN
R~15 (RESIDENTIAL) DISTRICT TO AN 0 & ,I (OFFICE AND INSTITUTIONAL) DISTRICT
Mr. Charles Lilley of the Planning Department reported that the Planning Com-
mission had considered this rezoning at its meeting on September 12 and recommended
denial. The Planning Staff had also recommended denial.
S-07
o
o
o
~
507
MINUTES OF~REGULAR MEETING, NOVEMBER 5, 1979 (CONTINUED)
SPECIAL USE,PERMIT - WRIGHTSVILLE AVENUE AND WALLACE AVENUE (CONTINUED)
Cbm. Williams'asked if there was. anyone present to speak ln favor of this rezoning,
and Dr. Larry G. Thacher, the petitioner, appeared to request approval.
Mr. Hodges, a neighboring property owner, appeared to state that he had no ob-
jections to the rezoning.
No one appeared in opposition.
Comm. O'Shields moved, seconded by Comm. Williams, to approve the rezoning and
adopt the ordinance entitled "An Ordinance of the County of New Hanover Amending the
Zoning Map of Zoning Area #9-B of New Hanover, County, North Carolina, Adopted August 14,
1972". Upon vote, the motion carried unanimously.
A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance
Book I, Section 9-B, ,Page 36.
PRESENTATION OF PROPOSED COUNTY SUBDIVISION ORDINANCE
Planning:-Director Bill Farris presented to the Commissioners copies of the proposed
County Subdivision Regulations recommended by the Planning Commission. Mr. Farris also
submitted a comparison report prepared by the planningsstaff explaining the differences
between the Planning Commission's proposed regulations and the Metes and Bounds Com-
mittee proposal.
FINAL SUBDIVISION PLAT APPROVAL - PINE VALLEY, SECTION 23-B
Mr. Harry Oakes of the Planning Department reported that the final plat of Pine
Valley, Section 23-B was recommended for approval by the Planning Commission Sub-
division Review Committee on October 22, 1979.
Comm. Wright moved, seconded by Comm. O'Shields" to approve the final plat of
Pine Valley Subdivision, Section 23-B. Upon vote, the motion carried unanimously.
FINAL PLAT APPROVAL '- MONTEREY HEIGHTS, SECTION 9.
Mr. Harry Oakes of the Planning Department reported that the final plat of Monterey
Heights, Section 9, was recommended for approval.under the 25-10t provision by the Plan-
ning Commission Subdivision Review Committee on October 22, 1979. He also stated that
the developer had been advised of the conditions imposed under G. S. 39-30 pertaining
to the installation of improvements or the deposit of surety prior to the sale of land.
Upon motion, by Comm. Wright, seconded,by Comm. O'Shields, the final plat of
Monterey Heights, Section 9, was unanimously approved.
FINAL PLAT APPROVAL - STONEYBROOK SUBDIVISION, REVISION TO SECTION 1
Mr. Harry Oakes of the Planning Department explained the revisions' to Section
1 of Stoneybrook Subdivision and reported that the plat was recommended for approval
under the 25-lot provisionsby the Planning Commission Subdivision Review Committee
on October 22, 1979. Mr. Oakes also stated that the developer had been advised of
the conditions imposed under G. S. 39-30 pertaining to the installation of improve-
ments or the deposit of surety required prior to the sale of land.
Upon motion by Comm. O'Shields, seconded by Comm. Wright, the final plat of the
revision to Section 1 of Stoneybrook Subdivision was unanimously approved.
SUBDIVISION REGULATION VARIANCE FOR WATERFORD SUBDIVISION
The Subdivision Review Committee recommended that a variance be granted the
developers of Waterford Subdivision and that they not be required to pave a street
spur off Brighton Road north to the Ferger Property as shown on the subdivision plat.
(;
Mr. Ken Shanklin, Attorney-for the developers, Mr. Tim Hale, project supervisor,
and Mr. John Benson, project surveyor, appeared before the Board to answer questions
and request the',;variance be granted and the surety in the amount of $10,50g be re-
leased.
Comm. Wright moved, seconded by Comm. Armistead, to grant the variance and re-
lease the surety.
County Attorney Fox commented.
Comm. Wright clarified her motion as follows:
That the Board approve a variance from the plan as submitted and that the surety
be released.
Upon vote, the motionccarried unanimously.
LUNCH BREAK
Comm. Wright moved to break for lunch.
Chin. Williams recessed the meeting for lunch from 12':13 o'clock p. m. until
W@,'!.'clock p. m.
508
so~
MINUTES OF REGULAR MEETING, NOVEMBER 5, 1979 (CONTINUED)
CHANGE ORDERS - LAW ENFORCEMENT CENTER
Mr. Herb McKim of Ballard, McKim & Sawyer, architects for the" Law Enforcement
Center, appeared before the Board to explain change orders.
Comm. Armistead moved, seconded by Comm. Gottovi, to postpone Change Order
HVAC-4 which would increase the heating and air conditioning contract with Southern
Piping by $23,156 because of additional costs due to delays in construction and the
architects' bill and have whatever law firm that is doing the work to be at the next
meeting for a conference. Upon vote, the motionccarried unanimously.
Comm. Gottovi moved, seconded by Comm. O'Shields," to approve Change Order E-9
to the Electrical Contract in the amount of $49.52 to install keyed switches at the
east end of the tunnel and jail cell lights at doors 4D, 4H and 41; Change Order 0
G-16 to the General Contract in the amount of $128 to revise signage; and Change
Order E-lQ" to the Electrical Contract in the amount of $176.21 to separate dis-
connect and ground system as required by Southern Bell Telephone Company. Upon
vote, the motion carried as follows:
Voting Aye:
Voting Noe:
Comm.. Armistead, Gottovi, O'Shields and Wright
Chm. Williams
ADDITION OF ROADS TO STATE SECONDARY ROAD SYSTEM
Upon motion by Comm. Wright, seconded by Comm. O'Shields, the Resolutions (SR-2)
requesting the addition of the following roads to the State Secondary Road System
was unanimously adopted:
Spring Branch Rd., and Lord Elkins Rd. - (Div. File #406-N)
Long John Silver Dr., Friday Dr., Mark Twain Dr. - (Div. File #407-N)
Copies of the Resolutions are on file'in the Clerk's Office.
CLASS RANGE CHANGES AND POSITION RECLASSIFICATION - SOCIAL SERVICES
Upon motion by Comm. Gottovi, seconded by Comm. O'Shields, the following class
range change for the Department of Social Services so that the County's pay and class-
ification plan would comply with State Law,whereby the salary ranges for competitive
service classifications within the same category are maintained at an equitable
distance from each other was unanimously approved:
Title
Class Code" Present Range
New Range
Community Social Service Assistant
Human Resources Aide
178
483
53
51
54
52
o
and pursuant to a request from the Director of Social Services, the reclassification
of position #140 from Social Worker II (Range 66) to County Volunteer Services
Director (Range 66) was unanimously approved.
COMMENDATION PROGRAM"'
At the request of Chm. Williams, Mr. Gary Cannon, Assistant County Manager,
had developed some recommendations pertaining to a commendation program to recog-
nize persons for extraordinary acts of courage. The Commissioners had been furnished
copies of Mr. Cannon's recommendations.
A copy of the letter containing recommendations is contained in Exhibit Book
VII, Page 36.
Chm. Williams 'moved, seconded by Comm. Gottovi, to approve the commendation
program as recommended for all County citizens. Upon vote, the motion was defeated
as follows:
o
Voting Aye:
Voting Noe:
Comm. Gottovi and Chm. Williams
Comm. Armistead, O'Shields and 'Wright
o
Comm. Wright moved, seconded by Comm. Armistead, to adopt the recommendations 0
and limit the program to County employees at this time. Upon vote, the motion
carried as follows:
Voting Aye:
Voting Noe:
Comm. Armistead, Gottovi, O'Shields"and Wright
Chm. Williams
DISCUSSION ON CHANGE IN MEETING TIME
Comm. Armistead commented on his reasons for requesting that the Board consider
changing one of the regular monthly meetings to a night"cmeeting and moved that the
second:monthly meeting be changed to a meeting at 7:00 p. m. and that the public
hearing portion of","the meetings" be~as-sigried"to___"that meeting.
Comm. Wright commented on the length of the meetings.
5'0'1
o
o
o
MINUTES OF REGULAR MEETING, NOVEMBER 5, 1979 (CONTINUED)
DISCUSSION ON CHANGE IN- MEETING TJ;ME (CONTlNUED)
Comm. Gottovi, suggested that the Board consider
and seconded Comm. Armistead's motion.
509
, .. '
methods of shortening the meetings
Chm. Williams commented and stated that she would agree to try it for a while.
,
Comm. Wright commented further on the length of the meetings and the inconvenience
in having County employees present for night meetings.
Comm. Gottovi suggested that before a change was implemented the County Manager,
the Planning Director and the Clerk should go through some ways that the agenda could
be prepared so a beginning time and an ending could be set.
Comm. O'Shields,commented.
Planning Director Bill Farris commented on the time limitations required in certain
planning matters.
Comm. Armistead amended his motion to include trying it for a three-month period.
Comm. Wright moved to table the matter until some type of a report could be
obtained from Mr. Cooper and the staff.
By concensus, it was agreed that the staff would work up some ideas on changes
in the agenda to streamline the format.
Comm. Armistead withdrew his motion.
RESOLUTION FOR SUPPORT OF S~~L FARMERS
Upon motion by Comm. O'Shields, seconded by Comm. Armistead, a Resolution For
Support of:the Small ~armers was unanimously adopted as requested by the Cherokee
County Board of Commissioners.
A copy of the Resolution is contained in Exhibit Book VII, Page 37.
AMENDMENT TO CAMA PLANNING GRANT
Upon motion by Comm. O'Shields, seconded by Comm. Gottovi, an amendment to the
1979 CAMA Planning Grant, Contract No. 2313, to develop the Arrowhead Park Master Plan
was unanimously adopted.
REFUSAL OF PARTICIPATION IN FEDERAL EMERGENCY BUILDING TEMPERATURE RESTRICTION PROGRAM
Comm. Wright moved, seconded by Comm. Armistead, that the County not go along with
the request of the N. C. Department of Commerce to perform inspections under the
Federal Emergency Building Temperature Restriction Program. Upon vote, the motion
carried as follows: .
Voting Aye:
Voting Noe :..
Comm. Armistead, O'Shields, Wright and Chm. Williams
Comm. Gottovi
DISCUSSION ON PLACEMENT OF WATER TANKS IN FLEMINGTON
Mrs. Daniel Malpass appeared before the Board to comment on the placement of the
water tanks in the Flemington area.
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. O'Shields, that the meeting be recessed to
Executive Session to discuss litigation matters with representatives from the N. C.
Attorney General's Office; the Division of Health Services;:'the N. C. Solid and
Hazardous Waste Division; the New Hanover County Health Department and the New Hanover
County Engineer. Uponovote, the motion carried unanimously.
Chm. Williams recessed the meeting to Executive Session at 2:10 o'clock p. m.
Chm. Williams reconvened the meeting to Public Session at 3:40 o'clock p. m.
DISCUSSION ON ARCHITECTS FOR JUDICIAL BUILDING
The Commissioners had reviewed the credentials from several architectural firms
that were interested in performing work on a proposed judicial building.
Comm. Armistead suggested that the Commissioners give their views on the type of
building they felt would be most suitable so that when the architectural firm was
chosen, they would know exactly what type of building they were expected to design.
County Manager Cooper commented on some suggested ~aterial that he" would send
out to the Commissioners to help" them .in' deciding on the type of construction for the
building.
Comm. Wright requested that a representative from the Probation and:Parole
Office be included in the committee to plan for construction of the building and
also that local architects be considered for the project.
510
S/l)
MINUTES OF.REGQLAR MEETING, NOVEMBER 5, 1979 (CONTINUED)
DISCUSSION ON~RCHITECTS FOR JUDICIAL BUILDING (CONTINUED)
The Commissioners discussed the selection process for
agreed to discuss it further at the next meeting.
an architect, and it was
DISCUSSION ON EMERGENCY MEDICAL SERVICE
County Manager Cooper re4uested some direction from the Commissioners concerning
Emergency Medical Service and was authorized, by consensus, to get additional in-
formation and bring some suggestions back to the Board.
Comm. Gottovi moved, seconded by Comm. O'Shields, to withhold implementing 0
the New Hanover County Ambulance Ordinance on December 1. Upon vote, the motion
carried unanimously.
DISCUSSION ON ENGINEER FOR DESIGN OF TRASK PARK
County Manager Cooper and County Engineer Bob Williams commented on events .
leading to their recommendation to allocate $8,310 to Professional Services and
that a proposal from Henry von Oesen & Associates be accepted for the Trask Park
construction project.
Comm. Armistead moved, seconded by Chm. Williams, to get an opinion from the
Attorney General's Office whether or not the work we're doing is valid. Upon vote,
the motion carried unanimously.
County Engineer Bob Williams asked whether or not work could proceed on the
grading and building work, other than the electrical portion, until an answer was
received from the Attorney General's Office.
Parks & Recreation Director Steve Stevens commented.
Comm. Gottovi moved, seconded by Comm. Armistead, to go ahead with the grad-
ing and building part of the work. Upon vote, the motion carried unanimously.
DISCUSSION ON LENGTH OF MEETING
Comm. Wright commented that if this had been a night meeting starting at
7:00 p. m., it would now be 2:15 a. m.
o
DISCUSSION ON ENGINEERING HELP FOR CAROLINA BEACH
Chm. Williams commented on a letter received from Carolina Beach requesting
assistance from the County Engineer on occasional projects.
The Commissioners and County Engineer commented.
BUDGET AMENDMENT - SHERIFF'S DEPARTMENT CONSOLE MAP
Comm. Gottovi moved, seconded by Comm. O'Shields, to accept the LEAA grant
for a console map for the Sheriff's Department and approve the following budget
amendment for the funds:
Debit - Acct. #11 350 03, State Grant - Console Map
Acct. #11 445 ~l, Contingencies
$5,277
278
Credit - Acct: #11 510 74, Capital Outlay - Equipment
$5,555
Upon vote, the motion carried unanimously.
ADJOURNMENT
Comm. Wright moved, seconded by Comm. Gottovi, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
Respectfully Submitted,
o
Chm. Williams adjourned the meeting at 4:25 o'clock p. m.
~,d.I?~
Alyce B. Rusmisell
Clerk to the Board