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1982-03-01 Regular Meeting 14 MINUTES OF REGULAR MEETING, FEBRUARY 15, 1982 (CONTINUED) EXECUTIVE SESSION Comm. O'Shields MOVED, SECONDED by Comm. Barfield, that the meeting be recessed to Executive Session to discuss possible litigation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chm. Blake recessed the ~eeting to Executive Session at 11:54 o'clock a. m. Chm. Blake reconvened the meeting to Public Session at 12:20 o'clock p. m. DISCUSSION ON MEETING TO DISCUSS CONSOLIDATION Chm. Blake commented on the possibility of setting up a joint meeting with the municipalities within the County to discuss a concurrent resolution establishing a committee to study consolidation of the governments in the County. r It was agreed that Chm. Blake would try to arrange such a meeting. APPOINTMENT OF KATHERINE MARKS TO COUNCIL ON STATUS OF WOMEN Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, to appoint Marks to an unexpired term on the Council on the Status of Women. the MOTION CARRIED UNANIMOUSLY. Katherine Upon vote, ADJOURNMENT Comm. Barfield MOVED, SECONDED by Comm. Gottovi, that the meeting be adjourned. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chm. Blake adjourned the meeting at 12:24 o'clock p. m. Respectfully submitted, ~/5 ~~ Alyce B. Rusmisell, Clerk r MINUTES OF REGULAR MEETING MARCH 1, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 1, 1982 at 7:00 P. M. in the Assembly Room of the New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Comm. Howard L. Armistead, Jr.; Jonathan Barfield, Sr.; Karen E. Gottovi; Claud O'Shields, Jr.; Chairman Donald P. Blake; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Clerk to the Board Alyce B. Rusmisell. No members were absent. Chairman Blake ca~led the meeting t~order. Commissioner O'Shields offered the invocation. APPROVAL OF MINUTES: CONTINUED M'EETING, FEBRUARY 8, 1982 AND REGULAR MEETING, FEBRUARY 15, 1982 I Comm. O'Shields pointed out a typographical error in the Minutes of the Continued Meeting of February 8, 1982 on' page one in the next to the last paragraph, the word "plan" should be changed to "plant". Upon MOTION by Comm. Barfield, SECONDED by Comm. O'Shields, the Minutes of the Continued Meeting of February 8, 1982 were unanimously approved as corrected. Upon MOTION by Comm. Barfield, SECONDED by Comm. O'Shields, the Minutes of the Regular Meeting of February 15, 1982 were unanimously approved as presented. '- 15 MINUTES OF REGULAR MEETING MARCH 1, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA Upon~OTION by Comm. Armistead, SECONDED by Comm. Gottovi, the following Consent Agenda items were unanimously approved: I ADJUSTMENT IN SALARY SCHEDULE The CommisSIOners approved the conversion from a six step pay plan to a twelve step plan as outlined in information furnished to them by the County Manager. RECLASSIFICATION OF OPERATOR/DATA ENTRY SPECIALIST The Commissioners approved reclassification of the temporary Data Entry position in the Data Processing Department to a permanent Computer Operator position at a salary grade of 63-1. AGREEMENT WITH ARCHITECTS FOR LAW ENFORCEMENT CENTER MODIFICATION The Commissioners authorized the Chairman to execute the contract with Ballard, McKim and Sawyer for jail cell additions at the Law Enforcement Center. Copies of the contract are on file in the County ,Manager's office. I APPROVAL OF HOUSEKEEPING POSITION FOR LIBRARY Approval ~as given for an additional full-time permanent housekeeping position in the Property Management Department to be utilized~h~ Library. APPROVAL ~ONCESSION AGREEMENT FOR TRASK PARK The Cou~ Manager was authorized to execute an agreement with }-ames W. Wishon to operate a concession at Trask Park from April 1, 1982 through September 11, 1982. AMENDMENT TO EQUAL EMPLOYMENT OPPORTUNITY CONTRACT-HUMAN RELATIONS The County Manager was authorized to execute an amendment to the 1982 Contract between the Human Relations Commission and the EEOC. This amendment was to provide funds in the amount of $1,979 to enable representatives from the local agency to attend Fair Employment Practice training sessions and the Annual EEOC-FEP Agency Conference. APPROVAL OF FIREWORKS PERMIT FOR CITY OF WILMINGTON PARKS AND RECREATION DEPARTMENT --- ---- -- The City of Wilmington Parks and Recreation Department was authorized to hold a fireworks show on the Cape Fear River bank at the USS North Carolina Battleship Memorial on Saturday, March 20, 1982 for the opening of the Water Street Plaza Park. BUDGET AMENDMENT - LIBRARY The following amendment in the Library budget was approved to appropriate Federal Enrichment grant funds to extend services to unserved or underserved areas and groups per guidelines set forth by Federal and State Grant Programs. I Debit Credit - Ac c t. - Ac c t. Acct. Ac c t. #11 #11 #11 #11 3611 6110 6110 6110 334 421 423 640 Federal Enrichment Grant Supplies and Materials Books and Materials Capital Outlay - Equip. '$12,313. $ 288. 8,200. 3,825. BUDGET AMENDMENT - ADMINISTRATION The following amendment was approved in the Administration ,budget to reflect unanticipated expenditures due to separation of Governing Body Offices: Debit - Acct. #11 9800 911 Contingencies $2,500. Credit - Acc t . #11 4121 380 Communications Expense $ 800. Acct. #11 4121 381 Telephone 1,200. Ac ct. #11 4121 411 Printing 250. Acct. #11 4121 421 Supplies 250. / 16 MINUTES OF REGULAR MEETING MARCH 1, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) BUDGET AMENDMENT - HEALTH DEPARTMENT (MATERNAL AND CHILD HEALTH) The following amendment in the Maternal and Child Health budget was approved to decrease the budget as di rected by the State: Debit - Acct. #11 5162 100 Credit - Acct. #11 3516 376 Salaries Revenue $3,355. $3,355. r BUDGET AMENDMENTS - SOCIAL SERVICES The following amendment was approved in the Social Services budget as these charges should have been made in Fiscal Year 1980-81: Debit - Acct. #11 3990 990 Acct. #11 3990 990 Credit'- Acct. #11 5342 531 Acct. #11 5346 530 Fund Balance Appropriated Fund Balance Appropriated Child Day Care (excluding CWS) CWS Day Care $17,758. 1,196. $17,758. 1,196. The following amendments were approved in the Social Services budget to offset expenditure and revenue adjustments: Debit - Acct. #11 5342 538 Acct. #11 5348 581 Acct. #11 5348 582 Acct. #11 5349 530 Acct. #11 5342 537 Acct. #11 5342 531 Acct. #11 3534 379 Acct. #11 3533 899 Acct. #11 3534 895 Acct. #11 3534 372 Acct. #11 5335 530 Acct. #11 5338 532 Acct. #11 3533 371 Acct. #11 5338 537 Acct. #11 3534 373 Credit - Acct. #11 5310 342 Acct. #11 5310 381 Acct. #11 5310 423 Acct. #11 3534 374 Acct. #11 3534 380 Acct. #11 5342 539 Acct. #11 3530 379 Acct. #11 5310 421 Acct. #11 5338 533 Acct. #11 3534 891 Acct. #11 3534 377 Acct. #11 3533 370 Acct. #11 5338 531 Acct. #11 3533 372 Acct. #11 5338 535 Acct. #11 3534 370 Problem Pregnancy Svcs. $ 785. Vocational Rehabilitation 2,155. Svcs. to the Blind 3,664. State Abortion Fund 22,640. Adoption (Placement Visits) 500. Child Day Care (exclude CWS) Title XX Transportation Foster Children's Donations State Contract Certification Payments 2,000. Title xx Chore (flat rate) 4,983. AFDC-County Issued Checks 57,000. AFDC Foster Care 21,000. State Foster Home Fund 10,500. Foster Care Transitional 300. Title XX & WIN (100%) Day Care Water, Sewer, Refuse Telephone & Communication Office Equipment State Abortion Fund Title XX Adoption Svcs. Title XX Purchased Transportation 2,000. Program Staff & Admin. 1,500. Departmental Supplies 1,805. SFHF Supplement 2,000. Title XX Providers 2,000. State In-Home (chore) 2,047. AFDC-County Issued Checks 47,814. State Foster Home Fund 21,000. AFDC Foster Care 17,616. Foster Care Clothing Allow. 500. Title XX Regular Day Care (75%) 26,626. 1,500. 275. $ 2,400. 350. 5,155. 500. 22,640. 375. r 29,026. PUBLIC HEARING - LAND USE PLAN UPDATE Notice had- been given that the New Hanover County Board of Commissioners would hold a Public Hearing at 7:00 P. M. on Monday, March 1, 1982 in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina to consider adoption of the revised 1981 Update to the Wilmington/New Hanover Land Use Plan Policies for Growth and Development. Planning Di rector, Dexter Hayes, gave a summary of the ~ 17 MINUTES OF REGULAR MEETING MARCH 1, 1982 (CONTINUED) PUBLIC HEARING = LAND USE PLAN UPDATE (CONTINUED) Public Hearings and Work Sessions the County Commissioners had held on the Land Use Plan up to this point and outlined the revisions they had made to the plan as proposed. I Chm. Blake asked if any of the members of the Board would like to comment on the Land Use Plan and Comm. Gottovi commented on the plan and commended the Planning Staff for the work they had put into it. The following persons offered comments on the Land Use Plan and requested some minor revisions to the Rural Service District as proposed: Mr. Peter Smith Mr. M. H. Vaughan Comm. Barfield MOVED, SECONDED by Comm. Gottovi, that the map of the Rural Services District be accepted with the overlay as requested. The following persons commented on the Rural Services District: I Mr. Peter Smith Mr. David Barefoot, Attorney representing the Association for Orderly Development Mr. Neill Laney, President of the Wilmington Board of Realtors Mr. Alton Lennon, Attorney Mr. David Becker Mr. Patrick Doyle Mr. M. H. Vaughan Mr. Al Butler, Attorney Ms. LaNelle Lilly Mr. Gary Hammond Mr. Ronnie McWatty Mr. Tom Shannon Mr. Do u g Mill e r , Vi c e - Pre sid en t 0 f the H 0 m e B u i 1 d e r s Association Mr. Harry Oakes Upon vote, Comm. Barfield MOTION WAS DEFEATED as follows: Voting Aye: Voting Noe: Comm. Barfield and Gottovi Comm. Armistead, O'Shields and Chm. Blake Comm. Armistead MOVED, SECONDED by Comm. O'Shields that the adoption of the Land Use Plan be postponed to the meeting of March 22 at which time the Density Zoning would also be considered by the Board. ------ - - - The following persons offered further comments: Mr. Peter Smith Mr. M. H. Vaughan Ms. Betty Williams I Upon vote, Comm. Armistead's MOTION CARRIED as follows: Voting Aye: Comm. Armistead, O'Shields and Chm. Blake Voting Noe: Comm. Barfield and Gottovi BREAK Chm. Blake recessed the meeting for a break from 8:22 o'clock p.m. until 8:42 o'clock p.m. PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of County Commissioners of New Hanover County on Monday, March 1, 1982 at 7:00 P.M. in the Assembly Room of the 18 MINUTES OF REGULAR MEETING MARCH 1, 1982 (CONTINUED) PUBLIC HEARING (CONTINUED) County Administration Building, 320 Chestnut Street, Wilmington, North Carolina to consider the following: PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 4 ACRES) LOCATED O~THE EAST SIDE OF CAROLINA BEAcH ROAD (US 421) APPROXIMATELY 6~9 FT. NOif'fH"""""OFGRAND CHAMPION ROAD FROM AN R-15 (RESIDENTIAL) DLST~T TO A B-1 (BUSINESS) DIST~ ---- -- ---- Planning Director,-Dexter Hayes gave the background information on this rezoning and reported that the Planning Board had considered the request at its meeting on February 4, and recommended approval by a vote of 4 to 3. The Planning staff had recommended denial of the rezoning request. r Chm. Blake asked if there was anyone present to speak in favor of this rezoning and Mr. George Talman, the petitioner appeared before the Board to answer questions and request approval. Chm. Blake asked if there was anyone present to speak in opposition and no one appeared to speak in opposition to the rezoning. Comm. Gottovi MOVED, SECONDED by Comm. Barfield that the rezoning request be denied. Upon vote the MOTION WAS DEFEATED as follows: Voting Aye: Voting Noe: Comm. Barfield and Gottovi Comm. Armistead, O'Shields and Chm. Blake Comm. Armistead MOVED, SECONDED by Comm. O'Shields that the rezoning request be approved. r Mr. Steve Miller of M & M Plumbing Company commented. Upon vote the ordinance entitled "An of New Hanover Ammending the Zoning Map the New Hanover County, North Carolina, was ADOPTED as follows: Ordinance of the County of Zoning Area No. 4 of adopted April 7, 1971" Voting Aye: Commissioners Armistead, O'Shields and Chm. Blake. Voting Noe: Commissioners Barfield and Gottovi. A copy of the ordinance as adopted and signed is contained in Zoning Ordinance Book 1, Section 4, Page 26. PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT TO INCREASE THE MAXIMUM ALLOWABLE HEIGHT OF PILINGS SUPPORTING PRIMARY STRUCTURES LOCATED IN COASTAL HIGH HAZARD (V-ZONES) IN ALL RESIDENTIAL DISTRICTS FROM 35 FT. TO~FT. Planning Director, Dexter Hayes reportedthat this amendment was in connection with Flood Plain Regulations and stated that it was requested by the Superintendent of Inspections. He reported that the Planning Board had considered the amendment at its meeting in February and recommended approval. r No one appeared before the Board to comment on this amendment. Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the following amendment was approved and the ordinance entitled "An Ordinance of the County of New Hanover, North Carolina, Amending the Zoning Ordinance of New Hanover County Adopted October 6, 1969" was UNANIMOUNSLY ADOPTED. "The maximumn allowable height for piling supported primary structures which are located in 'Coastal High Hazard Areas, V-Zones' as defined by Article 4-74 of the New Hanover County Code, shall be 44 feet." 19 MINUTES OF REGULAR MEETING MARCH 1, 1982 (CONTINUED) I PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 1:"75 ACRES) LOCATED ON--rrHE NORTH SI~OF TRAILS END ROAD (SR-15lrf), APPROXIMATELY I5~~ FEET EAST OF MASONBORO LOOP ROAD (SR-1492), FOR A MULTI-FAMILY TOWNHOUSE AND APARTMENT DEVEL~NT IN AN R-ls-{RESIDENTIAL) DISTRICT PlanningDi rector, Dexter Hayes gave the background on this application and reported that the Planning Board had con,sidered the request at its meeting in February and recommended approval by a vote of 4 to 3. The Planning Staff had also recommended approval. Chm. Blake asked if there was anyone present to speak in favor of this application and the following persons were duly sworn to answer questions and testify in favor of the Special Use Permit. Mr. William A. Boehling Mr. Mark Ahrendson Mr. Alton Lennon, Attorney Mr. Jack Williams, Petitioner Mr. Williams answered questions from the following people and presented pictures of surrounding properties which were marked as petitioner's exhibits 1-14: Mr. phil Flinta Mr. Joe Potter Mr. M. H. Vaughan County Attorney Pope Mr. Ahrendson answered questions from the following people. I Mr. Alton Lennon Mr. Joe Potter Mr. Phil Flinta Mr. M. H.Vaughan Mr. Boehling answered questions from the following people: Mr. Alton Lennon Mr. Joe Potter Chm. Blake asked if there was anyone present to speak in opposition to this Special Use Permit and the following people were duly sworn to testify in opposition: Mr. Joe Potter presented pictures which were marked as respondent's exhibits 1-15. Mr. Phil Flinta Mr. Peter Smith Ms. Carolyn Eason The following persons commented in opposition: Mr. Tom Clemmons Mr. Phil Finta I Mr. Tom Clemmons was duly sworn to testify in opposition to the Special Use Permit. The following persons offered additional comments: Ms. Carolyn Eason Mr. Peter Smith read into the record a letter from the County Engineer. Attorney Lennon Mr. Joe Potter Comm. Gottovi MOVED, SECONDED by Comm. Barfield that the project be approved for four units. Upon vote the MOTION WAS DEFEATED AS FOLLOWS: 20 MINUTES OF REGULAR MEETING MARCH 1, 1982- (CONTINUED) SPECIAL USE PERMIT - MULTI-FAMILY TOWNHOUSE hND APAR'IK~N'r DEVELOPMENT; TRAILS END ROAD (CONTINUED) Voting Aye: Commissioners Barfield and Gottovi voting Noe: Commissioners Armistead, O'Shields and Chairman Blake Comm. O'Shields MOVED, SECONDED by Comm. Armistead that the Special Use Permit be approved as applied for with the conditions as were on there and that they must meet all applicable State and Local permit requirements. r Upon vote, the following order granting the Special Use Permit was APPROVED AS FOLLOWS: Voting Aye: Commissioners Armistead, O'Shields and Chm. Blake voting Noe: Commissioners Barfield and Gottovi The County Commissioners for New Hanover County having held a public hearing on March 1, 1982, to consider application number S-193 1/82 submitted by John Williams, Inlet Construction Company, a request for a special use permit to use the property located on the North side of Trails End Road, approximately 1600 ft. east of Masonboro Loop Road for a Multi-Family Townhouse and Apartment Development and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-5 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County CommIssioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submi tted and approved. In support of this conclusion, the Commissioners made the following FINDINGS OF FACT: a. Fire protection is provided by Myrtle Grove Volunteer Fire Department. b. County Health Deptartment has granted preliminary approval of sewage treatment and water supply facilities. c. A letter of confirmation for refuse collection has been received. d. County Engineer has preliminary approved the drainage plan. e. The traffic capacity of Trails End Road is approximately 6,000 ADT. The addition of 6 units would result in 30-42 trips per day. f. The property does not have frontage to an existing collector but Trails End Road can adequately handle the additional traffic. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. Multi-Family development is a permitted special use h. 21 MINUTES OF REGULAR MEETING MARCH 1, 1982 (CONTINUED) SPECIAL- USE PERMIT - MULTI-FAMILY TOWNHOUSE AND APARTMENT DEVELOPME~ TRAILS END ROAD (CONTINUED) in the R-15 Residential District. I b. All dimensional requirements of Section 52-4 of the ordinance are satisfied; Open space requirements of Section 73 of the ordinance are satisfied; off- street parking requirements of Section 80 and 81 of the ordinance are satisfied; and site plan require- ments of the Zoning Ordinance are satisfied. ) 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: a. Several mobile homes are located in the ,immediate vicinity of the property. b. Adjoining properties will not be devalued by this project and it should benefit the neighborhood. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I a. The project area is classified as Transition and Conservation according to the 1976 Land Classification Map. b. County Growth Policies encourage a variety of affordable housing types. c. The proposed use should conform to the existing residential density of the area. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. I c. Other: Compliance with all applicable Federal, State and local codes. Ordered this 1st day of March, 1982. DISCUSSION ON R-15S AND R-29S ZONING DESIGNATIONS Chm. Blake reported that Mr. Mike Vaughan, of the Quality of Life Alliance had requested this matter be on the Agenda for discussion and he now wished to have that discussion postponed until the Regular meeting on March 15, 1982. 22 MINUTES OF REGULAR MEETING MARCH 1, 1982 (CONTINUED) DISCUSSION ON R-15S AND R-29S ZONING DESIGNATIONS (CONTINUED) Mr. M. H. Vaughan commented on the Planning Board's denial of the request for an R-15S Zoning category. Comm. Gottovi MOVED, 'SECONDED by Comm. O'Shields to ask the Planning Board to consider an R-15S Zoning Designation for those persons who requested it. r Mr. Vaughan commented further. Upon vote the MOTION CARRIED UNANIMOUSLY. BREAK Chm. Blake recessed the meeting for a break from 11:30 o'clock p. m. until 11:43 o'clock p. m. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING BOARD TO DENY:ZONING ORDINANCE:TEXT AMENDMENT TO SECTION 72-29 (4) TO INCREASE THE MAXIMUM ALLOWABLE SIZE OF OUTDOOR SIGNS FOR CHILD DAY CARE-cENTERS LOCATED ALONG EXISTING: COLLECTORS OR ARTERIAL FACILfTfES Planning Director Hayes reported that the Planning Board had considered this request at its meeting in February and recommended denial. Rev. Wayne Barkley, Pastor of the First Assembly of God on Wrightsville Avenue appeared before the Board to request approval of the Zoning Ordinance Text Amendment. He reported that he felt they were at a disadvantage because the zoning of their property would not permit them to have a larger sign while they were surrounded in that area by larger signs along Wrightsville Avenue. Comm. Armistead MOVED, SECONDED by Comm. O'Shields that the request be granted except that the sign area shall be 12 square feet instead of 18 square feet and adopt the ordinance entiled "An Ordinance of the County of New Hanover, North Carolina, amending the Zoning Ordinance of New Hanover County Adopted October 6, 1969." Upon vote the following amendment was unanimously approved. "No outside sign in excess of two (2) square feet in area shall be permitted, except when such facility is located on an existing collector or arterial facility as indicated on the New Hanover County Thoroughfare Classification Plan, in which case the maximum sign area shall be twelve (12) square feet." ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF SYCAMORE AVENUE Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the following Resolution of Intent to Close a Portion of Sycamore Avenue was UNANIMOUSLY ADOPTED: WHEREAS, the Chairman and members of the Board of County Commissioners of New Hanover County are of the opinion that a portion of Sycamore Avenue in the Seagate Area 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 Commissioners of New Hanover County, North Carolina, in regular meeting assembled on this the 1st day of March, 1982, as follows: 1. The Board of County Commissioners intends to close a portion of Sycamore Avenue in the Seagate Area in New Hanover County as follows: a. That portion of Sycamore Avenue (30 feet wide) running from the eastern line of Giles Avenue to the northern line of Oleander Drive (U. S. Highway #76) for a distance of " 23 MINUTES OF REGULAR MEETING MARCH 1, 1982 (CONTINUED) ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF SYCAMORE AVENUE (CONTINUED) about 90 feet, and the County Clerk is hereby directed to cause this resolution to be published once a week for four successive weeks pursuant to the Road Closing Ordinance of New Hanover County. I 2. That the Commissioners will hear all persons interested in opposing this closing at a hearing to be held on the 5th day ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF SYCAMORE AVENUE (CONTINUED) of April, 1982, 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 the portions of the above Sycamore Avenue as reflected by the tax records of New Hanover County who did not join in the request for such closing, and to post in at least two places along said portion of Sycamore Avenue proposed to be closed a notice of said hearing. ANNUAL COUNTY VOLUNTEER RECEPTION Ms. Diane Avery and Ms. Katie Yates Hovermale appeared before the Board to request approval of a Proclamation proclaiming the week of April 18 through 24 as National Volunteer Week and their proposed budget in the amount of $650 for the volunteer reception sponsored by the County on April 25, 1982. I Upon MOTION by Comm. Gottovi SECONDED by Comm. O'Shields, the proposed budget request in the amount of $650 was approved and the following Proclamation UNANIMOUSLY ADOPTED: WHEREAS, volunteering of one's time and resources is essential to the growth of our community; anq WHEREAS, it has been proven that our communi ty's greatest resource is its people; and WHEREAS, we are experiencing a limitation of other material commun~ty resources; and WHEREAS, volunteers have shown that they truly care and want to share of themselves; and WHEREAS, we are seeking more volunteers and attempting to utilize our human resources to the fullest; NOW, THEREFORE be it resolved that April 18-24, 1982 be declared and observed as VOLUNTEER RECOGNITION WEEK And in so doing we Gallon all citizens of this County to help to renew and sustain the spirit and vitality of this great nation by committing a portion of their time, however small, i~ addressing the needs of their communities through voluntary action. I CLOSING OF RED CROSS STREET BRANCH,LIBRARY Dr.-Yim Hundley, Chairman of the Library Advisory Board was present to explain and answer questions on their recommendation for the closing of the Red Cross Street Branch Library. Comm. 0' Sh i elds MOVED, SECONDED by Comm. Got tov i tha t the Red Cross Steet Branch Library be closed effective April 1, 1982. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION ON WORK SESSION WITH WILMINGTON CITY COUNCIL Comm. Gottovi MOVED, SECONDED by Comm.~hields to set up a work session with Wilmington City Council. Upon vote the MOTION CARRIED UNANIMOUSLY. 24 MINUTES OF REGULAR-MEETING MARCH ~ 1982 (CONTINUED) AUTHORIZATION TO PARTICIPATE IN AN INDUSTRIAL RECRUITING TRIP Com m . 0' S hie 1 d s M 0 V ED ,-- S E CON D E D by Com m . Arm i s tea d to appropriate funds in the amount of $10,000 from Contingencies to participate in the industrial recruiting trip to Japan with the stipulation that the County funds would not pay expenses for the respresentatives from the other agencies. Upon vote the MOTION CARRIED UNANIMOUSLY. FURTHER DISCUSSION ON WORK SESSION WITH WILMINGTON CITY COUNCIL Comm. Armisteadtrequested clarification on just how the work session with Wilmington City Council would be handled and stated that in his opinion it wouldn't be necessary to go out of town for'a whole weekend, but the work session could be held in a local meetihg r6om. It was agreed that Chm. Blake would discuss this further with Mayor Halterman to decide how the meeting would be set up. APPROVAL OF CONTRACt'OF SOUTH ATLANTIC SERVICES FOR WATER TANK Comm-:- ArmisteadMOVED, SECONDED by Corom. O'Shields to authorize the Chairman to execute the Contract with South Atlantic Services for connection to the existing water system and donation of the elevated tank to the County contingent upon the Engineering Department completing the drawings referred to in the Contract. Upon vote the MOTION CARRIED UNANIMOUSLY. Copies of the Contract are on file in the County Managers Office. ADDITIONAL ITEMS REPORT ON HAZARDOUS WASTE TASK FORCE ORGANIZATIONAL MEETING Comm. OTShields reported that the Hazardous Waste Task Force had their organizational meeting that morning and had elected Bill Smalley as Chairman and Wallace Hughes as Vice- Chairman. APPOINTMENT OF FRANK HICKMAN TO SOUTHEASTERN MENTAL HEALTH AREA BOARD O~DIRECTORS Comm. Barfield reported on the methods of selecting members for the Southeastern Mental Health Area Board of Directors and MOVED, SECONDED by Comm. Gottovi that his appointment of Mr. Frank Hickman to serve on that Board of Directors be ratified by the Commissioners. Upon vote the MOTION CARRIED UNANIMOUSLY. RESOLUTION - OUTER CONTINENTAL SHELF REVENUE SHARING Comm. Gottovi explained the Outer Continental Shelf Revenue Sharing and MOVED, SECONDED by Comm. O'Shields adoption of the following Resolution: WHEREAS, the federal government has leased to private industry many tracts for oil and gas exploration on the Outer Continental Shelf; and WHEREAS, drilling activities will have impacts on North Carolina and its coastal counties in Solid and Hazardous Waste Disposal, support bases, capital improvements and zoning regulations and potential spills; and WHEREAS, the CEIP program has ended and Coastal Zone Management is slated for terminatiion in 1983, and Sea Grant, NOAA, Marine Fisheries programs have been cut in a time when coastal counties and states are being asked to absorb the impacts of OCS drilling THEREFORE, BE IT RESOLVED, that the Board of Commissioners of New Hanover County supports: 1. The concept of the "Ocean Resource Management and Development Block Grant Act" (H.R. 5543) currently " 25 MINUTES OF REGULAR MEETING MARCH 1, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) RESOLUTION - OUTER CONTINENTAL SHELF, REVENUE SHARING (CONTINUED) before the Congress. 2. Recommending that the bill be amended to I (a) provide that the "Fund" be funded from 5% of revenues in any fiscal year from total OCS leasing, and (b) require states to pass through a portion of block grant funds to local government or planning agencies responsible for implementing state plans and consistent with that responsibility. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION ON CONSOLIDATION COMMITTEE C h m . B 1 a k e-- com men t e don the 1 e t t e r fro m the C i t Y 0 f Wilmington indicating their desire not to meet with the Commissioners at this time concerning the Consolidation Charter Study Committee and stated that in his opinion he felt it would be better to delay any further action on consolidation at this time. It was agreed by consensus not to take any further action on the consolidation matter at this time as requested by the City of Wilmington. I COURTESY CALL BY REPRESENTATIVES OF TAKEDA CHEMICAL COMPANY Chm. Bla1<"'ereported that RalphGodwin and four of the executives from the Takeda Chemical Company would make a courtesy call at the Commissioners'- office on Friday; - March 12, 1982 at 9:45 A.M. in case any of the Commissioners were interested in talking with them. REQUEST FROM NAACP FOR ENDORSEMENT OF KEEPING DOWNTOWN SCHOOLS Chm. Bl ake repo rted tha t he had rece i ved a letter f rom Rev. Anderson of the NAACP requesting that the Commissioners consider an endorsement of retaining some of the schools in the downtown area. It was agreed by concensus that since the location of the schools was the responsibility of the school board that the NAACP should communicate their concerns with them. DISCUSSION ON UDAG GRANT FOR SHOPPING CENTER AT MONKEY JUNCTION Chm. Blake reported that he had been successful in getting the COG Board of Directors to delay action on the City of Wilmington's request for a UDAG Grant to help finance a shopping center in the Monkey Junction area of the County. I No additional action was taken on the A-95 review of this grant. DISCUSSION ON THE LOWER CAPE FEAR WATER AND SEWER AUTHORITY CONTRACTS Comm. Gottovi stated that she had been informed that the County Attorney should review the contracts that the Lower Cape Fear Water and Sewer Authority had developed last week in order to insure that the County's interests were addressed in those contracts. REAPPOINTMENT OF BOB MACK TO LOWER CAPE FEAR WATER AND SEWER ---- -- AUTHORITY Comm. Gottovi MOVED, SECONDED by Comm. Armistead, that Mr. Bob Mack be reappointed to serve another term on the 26 MINUTES OF REGULAR MEETING MARCH 1, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) REAPPOINTMENT OF BOB MACK TO LOWER CAPE FEAR WATER AND SEWER AUTHORITY (CONTINUED) ---- -- ---- ---- Lower Cape Fear Water and Sewer Authority. MOTION CARRIED UNANIMOUSLY. Upon vote the RELATIONSHIP WITH BONDING ATTORNEYS As recommended by the County Manager, Comm. Gottovi MOVED, SECONDED by Chm. Blake that the County enter into a relationship with the bonding attorneys, LeBouef, Lamb, Leiby & MacRae in order to be able to utilize their services in connection with the incineration project. Upon vote the MOTION CARRIED UNANIMOUSLY. MEETING WITH CONSUMAT, SOUTHESTERN WASTE CONTROL AND LOCAL GOVERNME~OMMISSION REPRESENTATIVES County Manager Cooper reported that a meeting had been set up between the local representatives of Consumat and Southeastern Waste Control and the Local Government Commission in Raleigh on March 18, and he would like to have any of the Commissioners that so desired to attend the meeting with him and the County Attorney and then go on to visit the -Consumat Plant in Richmond on Friday, March 19. DISCUSSION ON COMPENSATION FOR ZONING BOARD OF ADJUSTMENT MEMBERS County Manager Cooper reported that the Zoning Board of Adjpstment members would like to be compensated for their meetings. It was agreed that the County Manager would look into this further and_report back to the Commissioners. SUGGESTIONS FOR GIFTS TO VISITING DIGNITARIES Comm. O'Shields suggested that the County Manager look into getting some prints of the Courthouse that could be framed and presented to visiting dignitaries. SALE OF COUNTY/MUSEUM HOUSES As recommended by the County Manager, Comm. O'Shields MOVED, SECONDED by Comm. Armistead to offer for sale the house owned by the County/Museum located at 811 Dock Street. Upon vote the MOTION CARRIED UNANIMOUSLY. EXECUTIVE SESSION Comm. O'Shields MOVED, SECONDED by Comm. Armistead that the meeting be recessed to executive session to discuss legal matters. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chm. Blake recessed the meeting to ~xecutive session at 1:03 o'clock a.m Comm. Gottovi left the meeting at 1:11 o'clock a.m. and was absent for the rest of the meeting. Chm. Blake reconvened the meeting to public session at 1:14 o'clock a. m. ADJOURNMENT Comm. Armistead MOVED, SECONDED by Comm. O'Shields that the meeting be adjourned. Upon vote the MOTION CARRIED AS FOLLOWS: voting Aye: and Chm. Blake. Commissioners Armistead, Barfield, O'Shields Absent: Comm. Gottovi. 27 MINUTES OF REGULAR MEETING MARCH 1, 1982 (CONTINUED) ADJOURNMENT (CONTINUED) Chm. Blake adjourned the meeting at 1:15 o'clock a. m. Respectfully submitted, . ~'/$.;f~ Alyce B. Rusmisell, Clerk I MINUTES OF. REGULAR MEETING, MARCH 15, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, March 15, 1982 at 9: 00 a. m. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Membe rs present were: Commi ss ione rs Howard L. Arm i stead, Jr.; Jonathan Barfield, Sr.; Karen E. Gottovi; Chairman Donald P. Blake; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Clerk to the Board Alyce B. Rusmisell. Comm. Claud O'Shie1ds, Jr. was absent. Chm. Blake called the meeting to order. Rev. Gregory W..Pitts, III of Warner Temple AME Zion Church gave the invocation. I APPROVAL OF MINUTES: REGULAR MEETING, MARCH 1, 1982 Upon MOTION by Comm. Gottovi, SECONDEDby Comm. Arm i stead the Minutes of the Regular Meeting of March 1, 19~2 were approved as presented by the following vote. Voting Aye: Chm. Blake. Commissioners Armistead, Barfield, Gottovi and Absent: Comm. O'Shields APPROVAL OF CONSENT AGENDA Upon~OTION by Comm. Armistead, SECONDED by Comm. ,Barfield, the following Consent Agenda items were approved as follows: Voting Aye: Commissioners Armistead, Barfield, Gottovi and Chm. Blake. Absent: Comm. O'Shields. APPROVAL OF THE REPORT OF COLLECTOR OF REVENUE THROUGH FEBRUARY 28, 1982 A copy or-Fhe-report of the Collector of Revenue through February 28, 1982 as approved is contained in Exhibi t Book IX, Page 6. I APPROVAL OF LIST OF TAX ABATEMENTS AND REFUNDS A copy of~e-rrsr-of Tax Abatements-and Refunds as approved is contained in Exhibit Book IX, Page 6. CONTRACT MODIFICATION - ARROWHEAD PARK Approval was given for extension Of Contract with Central Builders, Inc. for Arrowhead Park extending the completion date from April 17, 1982 to April 30, 1982 due to a delay in equipment delivery. AMENDMENT TO CONTRACT WITH N.C. DEPARTMENT OF HUMAN RESOURCES - MATERNAL CHILD HEALT~OGRAM An amendment to the Contract with N.C. Department of Human Resources, Division of Maternal Child Heal th, was approved along with the following budget amendment