1980-07-07 Regular Meeting
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625
MINUTES OF REGULAR MEETING, JULY 7, 1980
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
July 7, 1980, at 7:00 o'clock p.m. in the Assembly Room, New Hanover County Admin-
istration Building, Wilmington, North Carolina.
Members present were Commissioners Howard L. Armistead, Jr.; Claud O'Shields, Jr.;
Cooper; County Attorney James
Comm. Karen E. Gottovi was absent,
after she was sworn in.
Chm. Williams called ,the meeting to order.
Rev. Owen S. Carriker III, Student Assistant Pastor of First Presbyterian
Church offered the invocation.
REGULAR MEETING OF JUNE 16, 1980; AND SPECIAL MEETING OF
APPROVAL OF MINUTES:
JUNE 25, 1980
Comm. O'Shields moved,
the Regular Meeting of June
as follows:
seconded by Comm. Armistead, to approve the Minutes of
16, 1980, as presented. Upon vote, the motion carried
Voting Aye:
Absent:
Comm. Armistead, O'Shields and Chm. Williams
Comm. Gottovi
Comm. Armistead,moved, seconded by Comm. O'Shields, to approve the Minutes of
the Special Meeting of'June 25, 1980, as presented. Upon vote, the motion carried
as follows:
Voting Aye:
Absent:
Comm. Armistead, O'Shields and Chm. Williams
Comm. Gottovi
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OATH OF OFFICE ADMINISTERED TO COMMISSIONER JANET SUTTON MORGAN
Clerk of Court Louise D. Rehder administered the Oath of Office to Commissioner
Janet Sutton Morgan who had been appointed to replace commissioner Vivian S; Wright
who resigned on April 28, 1980.
A copy of Comm. Morgan's Oath of Office is contained in Exhibit Book VII, Page 71.
APPROVAL OF CONSENT AGENDA
Comm. Armistead moved, seconded by Comm. O'Shields, to appove the following
Co~sent Agenda Items as presented. Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields and Chm. Williams
Comm. Gottovi
REJECTION OF BIDS ON COPYING MACHINE FOR AGRICULTURAL EXTENSION
Since neither of the two bids received on June 27, 1980,for a new copying
machine for the Agricultural Extension Office met the stated specifications
as advertised, they were rejected on recommendation of Mr. Pete Lewis County
Extension Chairman.
AUTHORIZATION FOR PHASE II OF THE CAMA PLANNING AND MANAGEMENT GRANT APPLICATION
Authorization was granted for Phase II of the CAMA Land Use Plan Update being
performed by the Wilmington/New Hanover County Planning Department to begin
immediately after scheduled completion of Phase I on August 31, 1980.
A copy of the Grant Application is on file in the County Manager's Office.
ADDITION OF ROADS TO STATE SECONDARY ROAD SYSTEM
Adoption of the SR-2 Resolution requesting the addition of the following roads
to the State Secondary Road System:
Bavarian Drive (Div. File #385-N)
Lorraine Drive North, Wilderness Road, Redheart Drive - (Div. Files #395-N &
416-N)
Copies of the Resolutions are on file in the Clerk's Office.
626
MINUTES OF REGULAR MEETING, JULY 7, 1980 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
AGREEMENT WITH DEPARTMENT OF HUMAN RESOURCES FOR HEALTH SERVICES
Approval of the Agreement between New Hanover County and the Statecof North
Carolina Department of Human Resources, Division of Health Services for fiscal
year 1980/81. '
A copy of the Agreement is on file in the County Manager's Office.
RESOLUTION AUTHORIZING SALE OF AIRWAY BEACON BULBS
New Hanover County Commissioners, pursuant to North Carolina General Statute
153A-176 do hereby order:
(1) That the County Finance Officer, Andrew J. Atkinson, is hereby de-
signated the official to dispose of the following personal pro-
perty through private negotiation and sale:
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Description and Quantity
60-1000 watt, 115 volt, clear airway beacon bulbs mogul bipost,
T-20 bulb C-13 filament.
(2) Said sale will be effective Monday, July 21, 1980. All items are
sold as is with no warranty of any kind.
ACCEPTANCE OF GRANT FOR ARTS COUNCIL
Authorization for the County Manager to execute the acceptance agreement for
grant'#81 311 031 in the amount of $1,795 from the National Endowment for the
Arts for the Arts Council of the Lower Cape Fear.
A copy of the agreement is on file in the County Manager's Office.
BUDGET AMENDMENT - TRASK PARK
The following amendment in the Trask Park Capital Project to increase the
lighting contract to cover change orders for increase in wire size,and addi-
tional electrical outlet on light pole:
Debit - Acct. #86 575 77, Advertising
Acct. #86 575 74, Equipment
$196.
338.
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Credit - Acct. #86 575 71, Lighting Contract
$534.
CERTIFICATION OF VOLUNTEER FIRE DEPARTMENT ROSTERS
Certification of the rosters of the following Volunteer Fire Departments:
\
Wrightsboro Volun~~er Fire Department, Inc.
Myrtle Grove Volunteer Fire Department
AGREEMENT, WITH TALBERT, COX & ASSOCIXTES FOR ENGINEERING SERVICES AT AIRPORT
Approval of the Agreement for Engineering Services with Talbert, Cox & Associates
for land acquisition and obstruction removal pertaining to the ADAP-07 Project
at the Airport and authorization for execution by the Chairman.
A copy of the Contract is on file in ~he County Manager's Office.
PUBLIC HEARING
Notice had been given that a Pu&lic 'Hearing would be held by the Board of
Commissioners of New Hanover County on Monday, July 7, 1980, at 7:00 p.m. in the
Assembly Room of the County Administration Building, 320 Chestnut, Street, Wilmington,
North Carolina, to consider the following:
PUBLIC HEARING TO CONSIDER ADOPTION OF ORDER CLOSING IMPERIAL ROAD
Mr. Charles Lilley of the Planning Department reported that at the meeting 0
on June 2, 1980, the Commissioners had adopted a Resolution of Intent to Close
all of Imperial Road in Waterford Subdivision running from Colchester Place
to its termination. He reported that the Resolution of Intent'had been published
for 4 consecutive weeks in accordance with G. S. 153A-241 and copies sent by
certified mail to all the owners of property adjoining portions of said road as
reflected by the New Hanover County tax records.
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MINUTES OF REGULAR MEETING, JUNE 7, 1980 (C()~TINUED)
TO
PUBLIC HEARING TO CONSIDER ADOPTION OF ORDER/CLOSE IMPERIAL ROAD (CONTINUED)
ChID. Williams asked if there was anyone present to speak in favor of or in
opposition to this request, and no one appeared.
627
Upon motion by Comm. O'Shields, seconded by Comm. Armistead, the Order to
close all of Imperial Road in Waterford Subdivision of New Hanover County, North
Carolina running from Colchester Place to its termination was adopted by the following
vote:
Voting Aye: ' Comm. Armistead, Morgan, O'Shields and Chm. Williams
Absent: Comm. Gottovi
A copy of the Order is contained in Exhibit Book VII, page 72.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 166 ACRES) LOCATED ON
THE EAST AND WEST SIDES OF NORTH KERR AVENUE AT THE INTERESECTION OF SMITHS CREEK
AND NORTH KERR AVENUE FROM AN A-1 (AIRPORT INDUSTRIAL) DISTRICT TO AN R-15 (RES-
IDENTIAL) DISTRICT
This Public Hearing had been continued from the meetings of May 5, 1980 and
June 2, 1980.
Mr. Charles Lilley of the Planning Department reported that the Planning Com-
mission had considered this request at its meeting on April 2 and recommended
approval. The planning staff also recommended this rezoning.
Chm. Williams asked if there was anyone present to speak in favor of this
rezoning, and Mr. Stanley Rehder, who represented the petitioner, appeared before
the Board to withdraw the request until they could establish more information on
what they planned to do with the property.
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Upon motion by Comm. Armistead, seconded by Comm. O'Shields, the public hearing
on this rezoning was postponed until the first meeting in September by the following
vote:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields, and Chm. Williams
Comm. Gottovi
PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 51 'ACRES) LOCATED ON THE
SOUTH SIDE OF MURRAYVILLE ROAD (SR 1322) APPROXIMATELY 700 FEET EAST OF THE INTER-
SECTION OFMURRAYVILLE ROAD AND NORTH COLLEGE ROAD (HWY. 132) FROM R-15 (RESIDENTIAL
DISTRICT) TO R-10 (RESIDENTIAL DISTRICT).
Mr. Charles Lilley of the Planning Department reported that the Planning Commission
had considered this request at its meeting on June 4 and ~ecommended approval by a vote
of 6 - 2. The Planning Staff, also recommended approval. '
ChID. Williams asked if there was anyone present to speak in favor of or in opposition
to this request and no one appeared. , , ,
Comm. 0' 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 8-B, of New Hanover County, North Carolina, Adopted July 7, 1972."
Upon vote, the motion carried as follows,' , ..
Voting Aye: Comm. Morgan, O'Shields and Chm. Williams
Voting Noe: Comm. Armistead
Absent: Comm. Gottovi '
Copy of ordinance as adopted is in Zoning ordimince Book I, Sec.- 8-B, Page 15.
PUBLIC HEARING TO 'CONSIDER AN, APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXI-
l'ffiTELY 3.:; ACRES) LOcATED ON Tflli NORTHWEST CORN~ OF THE INTI>RSECTION OF CASTLE HAYNE ROAIT
T!fw~Il7)AND HOLLAND DR. 'FOR A GROUP CARE HOME IN AN R 20, (RESIDENTIAL) DISTRICT.
Mr. Charles Lilley 'of ,the' Planning Department reported that,the Planning Commission
had considered this request at its meeting on June 4 and unanimously recommended approval.
The Planning Staff also recomme~ded approval.
Chm. Williams asked if there was anyone present to speak in favor of this request and
Mr. Robert Stone of Youtn Help, ,Inc. appeared to request approval.
ChID. Williams asked if t~eri~s~anyore present to s~eak,in opposition and the
following persons appeare~,to request denLal of the app11cat10n.
Mr. Steve culbreth~~torney for the,~roperty owners,opposJng the Special Use Permit.
Mrs. Susan Long, adjacent ,property owJ:>er
"Mrs. ,Janice Cavenaugh , ~", .J', ,'...., ,
Mrs. Le,e HilL, 'Real. .Estate Broker, cprmnented 'in favor of 'the' reqliest.
Mr.' Sam Long " 11
"Mrs. Mary Grossnickle -
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County Attorney ,Jim Fox COI1lIllented., I,
After the Commission had considered'the following four items and found them to be
fact (a) that the use would'materially' ehdanger' th~ publiC health or safety if located
wher~ proposed and developed according to: the plan as submi~ted and approved; (b) that
the use did not meet all required conditions and specifications,,(c) that the use would
substantially injure the value of adjoining or abutting property; that the use was not
a public necessity; 'and (d) that the location and character of , the use, if,develOPed
according, to the plan as submitted and approved, would not be 1n harmony W1th 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 Carom. Morgan, that the Special '
Use Pprmit- nA ,.;1""......;.......::1 n................ 'l7n+o ...,..,"" ..........t-inn ("!arried as follows:
648
MINUTES OF REGULAR MEETING, JULY 7, 1980 (CONTINUED)
SPECIAL USE PERMIT FOR GROUP CARE HOME (CONTINUED)
Voting Aye: Comm. Armistead, Morgan and Chm. Williams
Voting Noe: Comm. O'Shields
Absent: Comm. Gpttovi
BREAK
Chm. Williams recessed the meeting for a break from 8:20 o'clock p. m. until
8:32 o'clock p.m.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTIES
LOCATED IN THE INTERIOR OF RUNNYMEADE SUBDIVISION WHICH BEGINS APPROXIMATELY
1,020 FEET EAST OF THE INTERSECTION OF OLD MILL ROAD AND CASTLE HAYNE ROAD 0
(HWY 117) FOR: a. A LIFT STATION TO BE CONSTRUCTED IN SECTION 1 OF THE SUBDIVISION.
b. A WELL HOUSE TO BE CONSTRUCTED IN SECTION 2 OF THE SUBDIVISION.
THESE AREAS ARE LOCATED IN AN R-10 (RESIDENTIAL) DISTRICT.
Mr. Charles Lilley of the Planning Department reported that the Planning
Commission had considered this request at its meeting on June 4 and recommended
approval. The planning staff had also recommended approval.
Chm. Williams asked if there was anyone present to speak in favor of or in
opposition to this request and no one appeared.
After the Commission has 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 daielopment for New Hanover County.
Comm. Armistead moved, seconded by Chm. Williams, that these Special Use
Permits be issued based on the same conditions as recommended by the Planning
Commission. Upon vote, the motion" carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields and Chm. Williams
Comm. Gottovi
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PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE COUNTY ZONING ORDINANCE
REGARDING THE DEFINITIONS AND CLASSIFICATIONS OF PRIVATE PIERS, COMMUNITY
BOATING FACILITIES AND OTHER CLOSELY RELATED USES.
Mr. Charles Lilley of the Planning Department reported tha~ "these amendments
had been developed over the last six months in response to a Special Use 'Permit
for a pier facility to be operated by a group of homeowners., The amendments had
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been considereo' by the Planning Commission at its meeting on June 4 and recommended
approval by a vote of 5-2 with 1 abstension. The Planning Staff 'also recommended
approval.
Chm. Williams asked if there was anyone present to speak in favor of or in
opposition to these amendments, and no one appeared.
Upon motion by Comm. Armiste~d, seconded by Comm',O'Shields, ,the Ordinance
entitled "An Ordinance of the County of New Hanvver Amending the Zoning Ordinance
of New Hanover County, North Carolina Adopted October 6, ,1969" was adopted by the
following vote: ' ' ,
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields and Chm. Williams
Comm. Gottovi
A copy of the Ordinance as adopted and signed is contained in Exhibit Book
VII, Page 73.
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PUBLIC HEARING TO CONSIDER A RESOLUTION OF INTENT TO, CLOSE A PORTION OF 47th
STREET IN WINTER GARDENS SUBDIVISION , '
Mr. Charles Lilley of the Planning Department reported that the Staff had,
reviewed this request, for street closing and had,received no objection from any
of the agencies contacted; therefore, the Planning Staff !recommended approval
of the request. The Planning Commission had considered the request at its meeting
on June 4 and recommended approval.' . ,
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629
MINUTES OF REGULAR MEETING, JULY 7, 1980 (CONTINUED)
I PARK,
RESOLUTION OF INTENT TO CLOSE A PORTION OF 47TH ST. IN WINTER/GARDENS SUBDIVISION
(CONTINUED)
Upon motion by COnuD"-,,O'Shields, seconded by " Comm. Morgan,' th~ following "Resolution
of the Board of County Commissioners Qf New Hanover County, North Carolina of Intent
to Close a portion of 4-7th Street (FornHorly"Secon;j' 'Street) in the Winter Park Gardens
Subdivision of New Hanover County, North Carolina,'~was adopted by the following vote:
Voting Aye: ,Comm. Armistead, Morgan, O'Shields, and Chm. Williams
Absent: Comm'. ,Gottrivi
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF NEW, HANOVER COUNTY, NORTH CAROLINA
OF INTENT TO CLOSE A PORTION OF
47TH STREET (FORMailll SECOND STREET)
IN THE WINTER PARK GARDENS SUBDIVISION OF
NEW HANOVER COUNTY, NORTH CAROLINA
WHEREAS, the Chairman and Members of the Board of County
Commissioners of New Hanover County are of the opinion that a portion
of 47th Street (formerly Second Street) in the Winter Park Gardens
Subdivision of New Hanover County, North Carolina, should be closed, and
the closing of same is in the public interest.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of New Hanover County, North Carolina, in regular meeting
assembled on this the 7th day of July, 1980, as follo~s:
1. The Board of County Commissioners intends to close a
portion of 47th Street (formerly Second Street) in the Winter Park
Gardens Subdivision in New Hanover County as follows:
A portion" of 47th Street (formerly Second Street) running from
Park Avenue for a distance of 161.2 feet to Pine Grove Drive between
Lots 13 and 17 of the Winter Park Gardens Subdivision, and the County
Clerk is hereby directed to cause this, resolution to be published
once a week for four (4) successive weeks pursuant to G. S. 153A-241.
2. The Commissioners will hear all persons on the question of
whether or not the closing would be detrimental to the public interest,
or the property rights of any individual, at a public hearing to be
held on the 4th day of August, 1980, at 7:00 p.m. in the Assembly Room
of the County Administration Building, 320 Chestnut Street, Wilmington,
North Carolina, and the County Clerk is hereby directed to send by
registered mail or certified mail a copy of this resolution to all owners
of property adjoining portions of the above road as reflected by the
tax records of New Hanover County, and to post in at least two (2)
places along said portion of road proposed to be closed, a Notice of
said hearing.
The foregoing resolution of the Board of Commissioners of New
Hanover County adopted at a meeting aforesaid.
PUBLIC HEARING TO CONSIDER A RESOLUTION OF INTENT ,TO CLOSE A PORTION OF OLD FEDERAL
POINT ROAD IN FEDERAL POINT TOWNSHIP
Mr. Charles Lilley of the Planning Department reported that, the, Planning Staff
had reviewed this request and had received no objections from any of the agencies
contacted; therefore, the staff recommended approval of the request. The Planning
Commission had considered the request at the meeting on June 4 and recommended
approval.
Chm. Williams asked if there was anyone present to speak in favor of this re-
quest, and Mr. Frank Jackson, attorney for the petitioners, appeared to answer questions
and request approval. No one appeared in ~pposition.
Upon motion by Comm. Armistead, seconded by
"Resolution of the Board of County Commis~ioners
olina" was adopted by the following '[pte:'
Comm. O'Shields, the following
of New Hanover County, North Car-
Voting Aye:
Absent:
Comm. Armistead, Morgan', O'Shields and Chm. Williams
Comm. Gottovi
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,,630
MINUTES, OF REGULAR MEETING, JULY 7, 1980 (CONTINUED)
RESOLUTION TO CLOSE, OLD FEDERAL POINT ROAD (CONTINUED)
RESOLUTION OF THE BOARD OF COUNTY,
COMMISSIONERS OF NEW HANOVER COUNTY,
NORTH CAROLINA OF INTENT TO CLOSE
A PORTION OF THE OLD FEDERAL POINT
ROAD IN FEDERAL POINT TOWNSHIP, LOCATED
ON LOT 9, OF THE SAMUEL SOUTHERLAND SUB-
DIVIS ION, NEW HANOVER COUNTY, NORTH CAROLINA
WHEREAS, the Chairman and Members of the Board of County
Commissioners of New Hanover County are of the opinion that a por-
tion of the Old Federal Point Road in Federal Point Township, New
Hanover County, North Carolina, located across Lot 9 of the Samuel
Southerland Subdivision, should be c~osed, and the closing of same
is in the public interest.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of New Hanover County, North Carolina, in regular ,meeting assembled on
this 7th day of July, 1980, as follows:
1. The Board of County Commissioners intends to close a portion
of the Old Federal Point Road in Federal Point Township, New Hanover
County, North Carolina, located across Lot 9 of the Samuel Southerland
Subdivision as follows:
The centerline of the portion of the Old Federal Point Road sought
to be closed is located as follows:
BEGINNING at a point which is located South 83 degrees 48 minutes
East 452.0 feet from a point in the Eastern right of way line of
U. S. Highway 11421, said point in, the Eastern right 0 f way line of
U. S. Highway #421 being located 668 feet as measured Southwardly
along the Eastern right of way line of U. S. Highway #421 from its
point of intersection with the centerline of the Masonboro Loop
Road (Secondary Road #1492); running thence from said beginning
point South 25 degrees 55 minutes West 271.8 feet to a point; run-
ning thence South 09 degrees 21 minutes West 393.54 feet.
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The Commissioners will hear all persons on the question of whether
or not the closing would be detrimental to the public interes t or the,'"
property rights of any individual, at a public hearing to be held on the
4th day of August, 1980 at 7:00 o'clock p.'m. in the Assembly Room of
the County Administration Building, 320 Chestnut Street,Wilmingtoh, North
Carolina, and the County Clerk is hereby directed to cause this resolution
to be published once a week for four successive weeks pursuant to G.S.
153A-241, and is further directed to send by registered mail or certified
mail a copy of this resolution to all owners of property adjoining portions
of the above road, as reflected by the tax records of New Hanover County,
and to post in a least two places along said road proposed to be closed
a notice of said hearing.
The foregoing resolution of the Board of Commissioners of New Hanover
C~unty adopted at a meeting aforesaid.
FINAL PLAT APPROVAL - GLYNNWOOD VILLAGE, SECTION II (MOBILE HOME SUBDIVISION)
Mr. Charles Lilley of the Planning Department reported that the Planning Com-
mission Subdivision Review Committee had given final approval of this plat at its
meeting on June 23, 1980. The Planning Staff also recommended approval.
Upon motion by'Comm. Armistead, seconded by Comm. O'Shields, the final plat
of Glynnwood Village', Section II, was granted approval by the following vote:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields, and Chm. Williams
Comm. Gottovi
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631
MINUTES OF REGULAR MEETING, JULY 7, 1980 (CONTINUED)
CONTINUANCE OF FINAL PLAT APPROVAL OF~REGENCY SQUARE, BLOCKS I AND 10
Comm. Armistead moved, seconded by Comm. O'Shields, to postpone the final
plat approval of Regency Square, Blocks 1 and 10, until the first meeting in August
at the request of the attorney for the petitioner. Upon vote, the motion carried
as follows:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields and Chm. Williams
Comm. Gottovi
FINAL PLAT APPROVAL - SMITH CREEK ESTATES, SECTION 2-A
Mr. Charles Lilley of the Planning Department reported that the staff had
reviewed this final plat and recommended approval. The Planning Commission Sub-'
division Review Committee had recommended final approval. at its meeting on,~June
23, 1980. Mr. Lilley pointed out a deviation in this final plat from the pre-
liminary plat that was approved previously.
Comm. O'Shields moved, seconded by Comm. Armistead, to approve the final
plat of Smith Creek Estates, Section 2-A, but that the Planning Department be
instructed to notify the developer that no subsequent sections would be approved,
without an updated prelimin~ry plan. Upon vote, the motion 'carried as 'follows:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields and Chm. Williams
Comm. Gottovi
FINAL PLAT APPROVAL, SOUTHGATE, SECTION 2
Mr. Charles Lilley of the Planning Department reported that the staff had
reviewed this plat and recommended approval and requested that the Minutes of
this meeting reflect that the developer or his representative had been notified
of N. C. G. S. 39-30 which requires the developer to make application to the
Clerk of Superior Court to either install all improvements or post surety with
the Clerk of Superior Court prior to, the sale of lots 'within the subdivision.
Mr. Lilley reported that the Subdivision Review Committee recommended approval
at its meeting on June 23, 1980.
Comm. O'Shields moved, seconded by Chm. Williams, to approve the final plat
of Southgate Subdivision, Section, 2. Upon vote, the motion carried as follows:
Voting Aye:
Voting Noe:
Absent:
Comm. Morgan, O'Shields and Chm. Williams
Comm. Armistead
Comm. Gottovi
APPEAL FROM RECOMMENDATION OF SUBDIVISION REVIEW COMMITTEE WITH REGARD TO TALL TREE
SUBDIVISION
Mr. Harry Oakes, acting on behalf of Hanover Realty, Inc., owners and devel-
opers of the proposed TALLTREE Subdivision, appeared before the Board to appeal
the recommendation of the Subdivision Review Committee's requirement that they
construct and pave stub streets from the proposed private development to an ad-
jacent subdivision prior to approval of the preliminary plan.
Comm. Armistead moved, seconded by Comm. O'Shields, that the preliminary
plan of the proposed TALLTREE Subdivision be approved as shown by the developer.
Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields and Chm. Williams
Comm. Gottovi
DISCUSSION ON PROPOSED OUTER CONTINENTAL SHELF OIL & GAS LEASING ACTIVITIES
Ms. Angela G. Skelton, Chairman of the Interagency Task Force that reviews
Outer Continental Shelf Oil and Gas Leasing Activities, appeared before the Board
to brief the Commissioners on the proposed lease sale off the North Carolina Coast
and answer questions on the, activities from the Commissioners and others who were
interested in this matter.
POSTPONEMENT OF PRESENTATION ON PROPOSED ~REE TRADE ZONE AND MEMORANDUM OF UNDER -
STANDING WITH AGRICULTURAL EXTENSION SERVICE
Chm. ,Williams reported that items #16, Presentation'of Information on Proposed
Wilmington Free Trade Zone, and #17, Mem6randum' of Understanding with Agricultural
Extension Service, had been removed from Ithe agenda 'because the people involved
would not be able to attend the meeting. i
632
MINUTES OF REGULAR MEETING, JULY 7, 1980 (CONTINUED)
COORDINATION PLAN FOR IN-HOME SERVICES
County Manager Cooper reported that the Director of Social Services and
Health Director had prepared a coordination plan for In-Home Services at the
request of Dr. Sarah Morrow, Secretary, Department of Human Resources.
Comm. O'Shields moved, seconded by Comm. Morgan, to approve the In-Home
Services Coordination Memorandum of Understanding. Upon vote, the motion carried
as follows:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields and Chm. Williams
Comm. Gottovi
AGREEMENT WITH CITY OF WILMINGTON FOR SUMMER YOUTH ,EMPLOYMENT PROGRAM
Comm. O'Shields moved, seconded by Comm. Armistead, to approve the
Agreement with the City of Wilmington for the utilization of three employees
to be employed at the Museum under the Summer Youth Employment Program to be
operated by the City of Wilmington. Upon vote, the motion carried as follows:
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Voting Aye:
Absent:
Comm.
Comm.
Armistead, Morgan, O'Shields and Chm. Williams
Gottovi
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A copy of the Agreement is on file in the County Manager's Office.
RENEGOTIATION OF CONTRACT FOR INDUSTRIAL AIRPARK STUDY
Airport Manager R. C. Shackelford appeared before the Board and reported
that the Airport Commission had recommended amending the contract with G. R.
Bandy and Associates, Inc. for the Airport Industrial Airpark Study to increase
the cash match in place of in-kind services match for a portion of the funding.
Upon motion by Comm. Armistead, seconded by Comm. O'Shields, approval to
renegotiate the contract with G. R. Bandy and Associates, Inc. for the Indus-
trial Airpark Study by increasing the cash match as recommended by the'Ai;rport
Commission was granted by the following vote:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields and Chm. Williams
Comm. Gottovi
, A copy of the amended contract is on file in the CountyManager's Office.
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PERMISSION FOR SUBLEASE OF AIRPORT FACILITIES LEASED TO AERONAUTICS, INC.
Upon motion by Comm. Armistead, seconded by Comm. O'Shields, Aeronautics,
Inc. was granted approval to sublease the Warren K. Pennington Terminal Building
leased to them by the County to General Aviation, Inc. by the following vote:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields, and Chm. Williams
Comm. Gottovi
SLIDE PRESENTATION OF TAX REVALUATION PROGRAM
Tax Administrator Larry Powell appeared before the Board and presented a
slide presentation on the Octennial Tax Revaluation program being conducted by
the Tax Department and answered questions from the Commissioners.
REJECTION OF BIDS RECEIVED ON CITY/COUNTY OWNED PROPERTY
Comm. Armistead moved, seconded by Chm. Williams, that the bids received on
the list of City/County property be rejected and the parcels be readvertised
in an effort to get higher bids. Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields, and Chm. Williams
Comm. Gottovi
DISCUSSION ON WATER SUPPLY ORDINANCE
The Commissioners had been furnished a proposed "Ordinance Regulating the
New Hanover County Water Supply System" for consideration for the Flemington
water system.
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It was agreed by concensus to postpone this discussion to the meeting of
August 18, 1980.
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633
MINUTES OF REGULAR MEETING, JULY 7, 1980 (CONTINUED)
APPROVAL OF ISSUANCE OF REVENUE BONDS' FOR FEDERAL PAPERBOARD COMPANY
County Attorney Fox explained the'Resolutionnecessary approving the issuance
of Revenue Bonds for the Federal Paperboard Company.
A representative of the New Hanover County Industrial Facilities and Pollution
Control Financing Authority appeared before the Board and advised the Board that
the Authority proposes to adopt a bond resolution authorizing the issuance of an
industrial revenue bond in the principal amount of $2,550,000 and the execution
and delivery of financing documents pertaining to the financing of industrial fa~
cilities in New Hanover County for Federal Paper Board Company, Inc. (the Company").
The representative submitted to the Board drafts of a Bond Purchase Agreement
proposed to be entered into by the Authority with the Company and Wachovia Bank
and Trust ,Company, N.A. (the "Bank"), a Loan Agreement between ,the Authority and
the Company, an Assignment of the Loan Agreement by the Authority to the Bank and
a Guaranty Agreement from the Company to the Bank. The representative further
stated that the Bond Purchase Agreement set forth the terms of the revenue bond
financing, including the proposed issuance and sale of the bond to the Bank at
a price of 100% of the principal amount thereof and requested that the Board
approve the issuance of the bond.
Commissioner Armistead then introduced the following resolution which was
read at length.
WHEREAS, the Board of County Commissioners has created a political sub-
division and body corporate and politic of the State of North Carolina known as
"The New Hanover County Industrial Facilities and Pollution Control Financing
Authority" (the "Authority"); and
.
WHEREAS, the Authority is authorized under the Industrial and Pollution Control
Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina,
as amended (the ','Act"), to issue revenue bonds for the purpose, among others; of
paying all or any part of the cost of any industrial project for industry, to ac-
quire, construct and, equip any such project, and to make and execute financing
agreements, security'documents and other contracts and instruments necessary or
convenient in the exercise of such powers; and
WHEREAS, the Authority proposes to issue its revenue bond in the aggregate
principal amount of $2,550,000 (the "Bond") and to loan' the proceeds thereof to
Federal Paper Board Company, Inc. (the Company) to finance the acquisition, con-
struction and installation of industrial facilities (the' "Project") in New Hanover
County for the Manufacture of folding cartons; and
WHEREAS, the Board has heretofore approved the Project in principle; and
WHEREAS, the Act provides that no bonds shall be issued thereunder unless the
issuance thereof shall have been approved by the governing body of the County
and the Board desires to approve the issuance of the Bond by the Authority; and
WHEREAS, the Board has considered the Board Purchase Agreement presented to
it setting forth the terms of the revenue bond financing;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of th~
County of New Hanover as follows: I
"
(1) The issuance of the Bond by the Authority is hereby approved.
(2) The Clerk of the Board of Commissioners is hereby authorized and directed
to provide certified copies of this resolution to the Local Government Commission and
to Bond Counsel.
(3) This resolution shall take effect immediately upon its passage.
Commissioner Armistead moved the passage of the foregoing resolution and Com-
missioner O'Shields seconded the motion, and the resolution was passed by the follow-
ing vote:
Ayes: Comms. Armistead, O'Shields, Morgan and Chm. Williams
Absent: Comm. Gottovi'
Nays: None
634 MINUTES OF REGULAR MEETING, JULY 7, 1980 (CONTINUED)
~5,/
DISCUSSION ON REQUEST FOR FIREWORKS DISPLAY
The Commissioners were requested to give retroactive approval for the 4th of'
July Fireworks display presented by the City of Wilmington Parks and Recreation
on July 5. They had furnished proof of the proper insurance coverage for this
display.
No action was taken.
ADDITIONAL ITEMS - COUNTY MANAGER AND COUNTY COMMISSIONERS
County Manager Cooper explained several year end budget amendments and re-
quested the Board's approval.
BUDGET ~ffiNDMENT - ENGINEERING AND PROPERTY MANAGEMENT 0
Comm. O'Shields moved, seconded by Comm. Armistead, approval of the following
budget amendments in Engineering and Property Management:
,
To cover the balance of Phase I Contract Costs - Post, Buckley, Schuh &
Jernigan:
Debit ',- Unappropriated Fund Balance
Credit - Acct. 1111'537 04, Professional Services
$7,180.
$7,180.
To cover the balance of cost of repairs to Mental Health Center:
Debit - Acct. #11 360 01, Insurance Proceeds
Credit - Acct. #11 535 18, Repairs - Mental Health Center
$30,306.
$30,306.
Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields and Chm. Williams
Comm. Gottovi
NO ACTION ON BUDGET AMENDMENT FOR MULTI-PURPOSE SENIOR CENTER
Comm. O'Shields moved, seconded by Chm. Williams, to approve the following
budget amendment to account for the grant funds for the Multi-Purpose
Senior Center Renovation on the Lucille Shuffler Building:
Debit - Acct.
Acct.
Credit - Acct.
1111
1111
1111
350 49, State Grant - Multi-Purpose Center
445 61, Contingencies
495 18, M & R Lucille Shuffler Bldg.
$43,296.
4,811.
$48,107.
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Upon vote, the motion tied as follows which constituted no action:
Voting Aye:
Voting'Noe:
Absent:
Comm. O'Shields, and Chm. Williams
Comm. Armistead and Morgan
Comm. Gottovi
AUTHORIZATION FOR COUNTY MANAGER TO SIGN AGREEMENT WITH CITY MANAGER FOR
~~ :SEPARATION OF PLANNING DEPARTMENT FUNCTIONS
Comm. Armistead moved, seconded by Comm. O'Shields, to authorize the County
Manager to sign the letter of Agreement with the City Manager of the City
of Wilmington to insure an orderly transitiion in the separation of the
functions of the joint Wilmington/New Hanover Planning Department. Upon vote,
the Motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields, and Chm. Williams
Comm. Gottovi
DISCUSSION ON MODIFICATION TO LICENSE WITH CORPS OF ENGINEERS FOR EXTENSION
OF LANDFILL AT CAROLINA BEACH
The Commissioners had been furnished copies of a modification to the license
with the Corps of Engineers for a 90-day extension on the use of the landfill
area at Carolina Beach.
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No action was taken pending clarification of the terms of the license.
CHANGE ORDER - LIBRARY PLUMBING CONTRACT
County Manage~/~piained the change order to the plumbing contract for the
Library Construction Contract.
Comm. O'Shields moved, seconded by Comm. Morgan, to approve Change OrdEr
#P-1 to the contract with J. J. Barnes, Inc. for the plumbing work on the
Library project. Upon vote, the motion carried as follows:
. . -..~, . ~ .
&J5"
MINUTES OF REGULAR MEETING, JULY 7, 1980 (CONTINUED)
635
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CHANGE ORDER - LIBRARY PLUMBING CONTRACT (CONTINUED)
Voting Aye: Comm. Morgan, O'Shields and Chm. Williams
Voting Noe: Comm. Armistead
Absent: Comm. Gottovi
COMMENTS PERTAINING TO BOARD OF HEALTH ACTIONS
Comm. O'Shields reported that he had not been able to attend the last Board
of Health meeting and stated that he was a little disturbed about some of the
action that had taken place concerning the regulations they wished to set up
requiring the establishment of drainage districts.
County Attorney Fox commented on the proposal to establish drainage districts.
EXECUTIVE SESSION
Chm. Williams moved, seconded by Comm. O'Shields, that the meeting be recessed
to Executive Session to discuss litigation matters. Upon vote, the motion carried
as follows:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields,and Chm. Williams
Comm. Gottovi
Chm. Williams
Chm. Williams
recessed the meeting to Executive Session at 10:12 o'clock p.m.
reconvened the meeting to Public Session at 10:23 o'clock p. m.
ADJOURNMENT
Comm. Armistead moved, seconded by Comm. O'Shields, that the meeting be ad-
journed. Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Morgan, O'Shields and Chm. Williams
Comm. Gottovi
Chm. Williams adjourned the meeting at 10:23 o'clock p.m.
Respectfully submitted,
~p. ~(".., ,;~ IL
Alyce B. Rusmisell
Clerk to the Board
MINUTES OF REGULAR MEETING, JULY 28, 1980
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
July 28, 1980, 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~; Janet S. Morgan;
Claud O'Shields, Jr.; Karen E. Gottovi; County Manager George F. Cooper; Attorney
Joseph O. Taylor of the County Attorney's Office; and Clerk to the Board, Alyce B.
Rusmisell. Chairman Ellen C. Williams was absent. I
Vice-Chairman Gottovi called the meeting to order.
Camm. Q'Shields gave the invocation.
APPROVAL OF MINUTES: REGULAR MEETING OF JULY 7, 1980
Comm. Gottovi requested that she be excused from voting on approval of the,
;Minutes as she was not present at the meeting.
I
Comm. Armistead moved, seconded by Comm. O'Shields, to approve the Minutes of
the Regular Meeting of July 7, 1980, as presented and that Comm. Gottovi be excused
from voting. Upon vote, the motion carried as follows:
Voting Aye:
Abstaining:
Absent:
Comm. Armistead, Morgan and O'Shields
Vice-Chm. Gottovi
Chm. Williams
APPROVAL OF CONSENT AGENDA
Upon motion by Comm. Armistead, seconded by Comm. Morgan, the following consent
Agenda items were approved by the following vote:
Voting Aye: Comm. Armistead, Morgan, O'Shields and Vice-Chm. Gottovi
Abseht: Chm. Williams