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1982-10-04 Regular Meeting , 1 :: I " MINUTES OF REGULAR MEETING, OCTOBER 4, 1982 163 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 4, 1982, at 7:00 P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. I Members present were: Commissioners 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. Brown. Comm. Howard L. Armistead, Jr. was absent. Chm. Blake called the meeting to order. Rev. Thomas Tulley, Pastoral Intern of St. Marks Catholic Churc~, gave the invocation. APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 20, 1982, AND CONTINUED MEETING, SEPTEMBER 27, 1982 Upon MOTIO~ by Comm. Gottovi, SECONDED by Comm. Barfield, the minutes of the Regular Meeting of September 20, 1982, and the Continued Meeting of September 27, 1982, were approved as presented by the following vote: Voting Aye: Commissioners Barfield, Gottovi, O'Shields and Chm. Blake. .Absent: Comm. Armistead. APPROVAL OF CONSENT AGENDA Upon .~v10TION by Comm. Barfield, SECONDED by Conun. 0 I Shields, the following Consent Agenda Items were ~?proved as follows: I Voting Aye: Commissioners Barfield, Gottovi, O'Shields and Chm. Blake. Absent: Camm. Armistead. TRANSFER OF' STORAGE BUILDING FROM HUGH MACRAE PARK TO ROLAND GRISE SCHOOL Approval was given for the transfer of a storage building from Hugh MacRae Park to Roland Grise School as recommended by the Director of Parks and Recreation upon completion of the new restrooms and storage facility at the park. CHANGE ORDER NO. 2 TO CONTRACT NO. 1 - NORTHEAST INTERCEPTOR Approval-w3.s glven and the Chairman was authorized to execute Change Order No. 2 to the Contract with T. A. Loving, Inc. for the Northeast Interceptor construction due to realignment of the force main along a portion of Greenville Loop Road. EEOC CONTRACT FOR FISCAL YEAR 1983 The Federal Equal Employment Opportunity Commission had renewed the Human Relations Commission Contract for FY1983 in the amount of $37,500. The Commissioners accepted the grant monies, authorized the County Manager to execute the Contract and approved the following budget amendment necessitated by the reduction in the approved budget: I Debit - Acct. #11 5811 100, Salaries & Wages $11,060 Acct. #11 5811 110, Salary Increments 1,551 l-\cct. #11 5811 210, FICA 1,215 Acct. #11 5811 221, Retirement 295 Acct. #11 5811 230, Group Insurance 549 Credit - Acct. #11 3581 233, EEOC Grant $14,670 Debit .- Acct. #11 3581 233, EEOC Grant $ 2,425 Credit - Acct. #11 5811 421, Dept. Supplies $ 625 Acct. #11 5811 640, Equipment 1,800 A copy of the agreement is on file in the County Manager's Office. 164 MINUTES OF REGULAR MEETING, OCTOBER 4, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) AGREEMENT WITH N. C. DEPARTMENT OF ADMINISTRATION FOR LAND RECORDS MANAGEMENT GRANT New Hanover County had been awarded $3,605 matching grant under the N. C. Land Records Management Program for FY 82/83. The Commissioners authorized the Chairman to execute the agreement with the N. C. Department of Administration for these funds. A copy of the agreement is on file in the County Manager's Office. EPA GRANT INCREASE FOR WASTEWATER TREATMENT (ID NUMBER C370426- 02-2) - NORTHEAST INTERCEPTOR The EPA had approved the County's request for increased funding for Wastewater Treatment in the amount of $12,799 which increased the total amount to $104,876. The Chairman was authorized to execute the Grant Amendment Acceptance form. A copy of the agreement is on file in the County Manager's Office. BUDGET AMENDMENT - LIBRARY The following amendment in the Library budget was approved to purchase 12 conference chairs, 3 multipurpose chairs and 2 secretarial chairs: Debit - Acct. #11 3990 990, Fund Balance Credit - Acct. #11 6110 640, Capital Outlay $4,000 $4,000 NON-AGENDA ITEMS FROM THE GENERAL PUBLIC Chm. Blake asked if there was anyone present who wished to discuss any item with the Commissioners that was not on the agenda and no one appeared. 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, October 4, 1982, at 7:00 P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: r PUBLIC HEARING TO CONSIDER ORIGINAL ZONING FOR PROPERTY (APPROXIMATELY 9 SQUARE MILES) LOCATED EAST OF THE CENTERLINE OF THE ATLANTIC INTRACOASTAL WATERWAY, NORTH OF THE CENTERLINE OF CAROLINA BEACH INLET, SOUTH OF THE CENTERLINE OF MASONBORO INLET, AND WEST OF THE ATLANTIC OCEAN SHORELINE, INCLUDING ALL OF THE AREA KNOWN AS THE MASONBORO ISLAND AREA FROM UNZONED TO AN R-20 (RESIDENTIAL) DISTRICT Planning-Director Hayes gave the background and the reasons for requesting this zoning and reported that the Planning Board had considered it at the meeting on September 7, and recommended approval. Chm. Blake asked if there was anyone present to speak on this matter and the following persons appeared: Mrs. Elnita Russ Millinor spoke in opposition Mr. Tom Stich Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, to approve the R-20 Zoning for Masonboro Island as recommended and upon vote the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area No.4, Adopted April 7, 1971; Zoning Area No.2, Adopted December 15, 1969; Masonboro Zoning Area, Adopted October 15, 1969, of New Hanover County North Carolina, was ADOPTED by the following vote: r Voting Aye: Commissioners Barfield, Gottovi, O'Shields, and Chm. Blake. Absent: Comm. Armistead. A copy of the Ordinance as Adopted is contained in Zoning Ordinance Book I, Section 4, page 27, Section 2, page 21, and the Masonboro Zoning Section, page 10. , l I ; I 1 i I ! " I MINUTES OF REGULAR MEETING, OCTOBER 4, 1982 (CONTINUED) 165 PUBLIC HEARING TO CONSIDER TEXT AMENDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE CONCERNING FLOATING HOMES AND FLOATING HOME MARINAS. Planning Director Hayes explained the reasons for requesting these amendments concerning floating homes and floating home marinas and reported that the Planning Board had c9nsidered them at several meetings and their recommendations had been forwarded to the Commissioners for review. The following persons commented on the amendments: I Mr. Tom Stich, New Hanover County Health Department Mr. Henry Johnston Mr. Ed Lowe, Masonboro Boat Yard Mr. Bill Hill, Attorney representing Masonboro Boat Yard Mr. Gene Floyd, Mayor of Wrightsville Beach Mr. Everett Williamson Mr. Steve Lee, Office Manager for Masonboro Boat Yard Ms. Edith Friedberg Comm. O'Shields MOVED, SECONDED by Comm. Barfield, to take no action on this matter and give it back to the Planning staff for further study. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Gottovi, O'Shields and Chm. Blake. Absent: Comm. Armistead. BREAK Chm. Blake recessed the meeting for a break from 8:09 o'clock P.M. until 8:25 o'clock P.M. I PUBLIC HEARING TO CONSIDER TEXT AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE, ARTICLE II, DEFINITIONS, BY ADDING A NEW SECTION 23-72 TO DEFINE HOTEL/MOTEL This public hearing was continued from the meeting of September 7, 1982. Planning Director Hayes gave the background on this amendment to the Zoning Ordinance and reported that the Planning Board had considered it at its meeting in August and the recommended amendment to the Zoning Ordinance Text had been furnished to the Commissioners. Chm. Blake asked if there was anyone present to speak on this matter and the following persons commented: Dr. Don Getz, Representing the Save Airlie Road Association Mr. Al Butler, Attorney for Save Airlie Road Association Mr. Jonathan Washburn, Attorney BREAK Chm. Blake recessed the meeting for a break from 9:36 o'clock P.M. until 9:53 o'clock P.M. HOTEL/MOTEL DEFINITION {CONTINUED) The following persons offered additional comments: Mr. George Rountree, III, Attorney representing Mr. Dallas Harris and Mr. J. B. Gerald. I Mr. Henry Swayne Comm. Barfield MOVED, SECONDED by Comm. Gottovi, to approve the Inspection Director's proposal for a definition of Hotel/Motel and amend it to include that 20% of the guest rooms may contain cooking facilities. The following persons offered further comments: Ms. Haywood Mason Dr. Donald Getz Ms. Laura Head 166 MINUTES OF REGULAR MEETING, OCTOBER 4, 1982 (CONTINUED) HOTEL/MOTEL DEFINITION (CONTINUED) Comm. Gottovi WITHDREW her SECOND to Comm. Barfield's motion. The MOTION DIED for lack of a second. The following persons commented: Mr. George Rountree, III, Attorney Mr. Al Butler, Attorney Ms. Lorene Johnston Comm. O'Shields MOVED, SECONDED by Chm. Blake, to continue this Public Hearing on the definition of hotel/motel to the meeting of October 18 to get more information. Upon vote, the MOTION CARRIED as follows: Voting Aye: Comm. Gottovi, O'Shields and Chm. Blake Voting Noe: Comm. Barfield Absent: Comm. Armistead AGRICULTURAL EXTENSION AUDITORIUM ADDITION AND OFFICE RENOVATION Mr. Pete Lewis, Agricultural Extension Chairman, and Mr. Tom Nunalee, Chairman of the Extension Advisory Council, appeared before the Board to explain and answer questions on the proposed renovations and additions to the Agricultural Extension Building. Mr. Nunalee introduced the following members of the Advisory Council who were also present: Ms. Shirley Hardy Mr. Bill Bryant Mr. Tom Parker County Manager Cooper commented. r Comm. O'Shields MOVED, SECONDED by Comm. Barfield, to appropriate the additional $15,000 to be taken from contingencies and approve the renovation and addition to the Agricultural Exten- sion Building as recommended. Upon vote, the MOTION CARRIED ,as follows: Voting Aye: Commissioners Barfield, Gottovi, O'Shields and Chm. Blake. Absent: Comm. Armistead. APPROVAL OF CHANGE ORDER TO INSTALL PNEUMATIC SYSTEM IN JUDICIAL BUILDING At the meetings on September 20 and 27 the Commissioners discussed the recommendation of Clerk of Superior Court Louise Rehder to have a Pneumatic system installed in the Judicial Building connecting the courtrooms with the Clerk's office. County Manager Cooper explained that the costs to add this system to the building would be $33,348. Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, to authorize the Change Order in the amount of $33,348 to install the Pneumatic system in the Judicial Building. Upon vote, the MOTION CARRIED as follows: r Voting Aye: Commissioners Barfield, Gottovi, O'Shields and Chm. Blake. Absent: Comm. Armistead. , I i I I I I I I ; I 167 MINUTES OF REGULAR MEETING, OCTOBER 4, 1982 (CONTINUED) EASEMENT TO CITY OF WILMINGTON FOR SEWER OUTFALL - HUGH MACRAE PARK Comm:-Gottovi MOVED, SECONDED by Comm. 0' Shields, to grant an easement to the City of Wilmington to locate a sewer outfall line at Hugh MacRae Park as requested. Upon vote, the MOTION CARRIED as follm'ls: Voting Aye: Chm. Blake. Commissioners Barfield, Gottovi, O'Shields, and I Absent: Comm. Armistead. ADDITIONAL ITEMS APPOINTMENT OF TED BAGLEY TO BOARD OF HEALTH' Comm. Barfield MOVED, SECONDED by Comm. Gottovi, to appoint Mr. Ted Bagley to fill an unexpired term on the Board of Health. Upon vote the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Gottovi, O'Shields and Chm. Blake. Absent: Comm. Armistead. SELECTION OF BRICKS FOR BRADLEY CREEK LIFT STATION County Manager Cooper had samples of several types of bricks that were being considered for use in the construction of the Bradley Creek Lift Station. It was agreed by consensus to use the bricks called "Country Club" on the lift station. I DISCUSSION ON NACO JAIL CONFERENCE County Manager Cooper informed the Commissioners of a conference that was being conducted by NACO in Washington on November 10, 11 and 12 concerning jail problems and stated that he felt it would be wise for the Commission and staff to be represented at this conference. It was agreed by consensus that Commissioners who wished to attend this conference would notify the County Manager in order for arrangements to be made. AMENDMENT TO AGREEMENT WITH HOSPITAL FOR SHERIFF'S DEPARTMENT REPEATER ANTENNA County Attorney Pope requested that the Commissioners authorize an amendment to the agreement with the hospital for placement of the Sheriff's Department Repeater Antenna on the hospital roof. Comm. O'Shields MOVED, SECONDED by Chm. Blake, to approve the amendment to the agreement. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Gottovi, O'Shields, and Chm. Blake. Absent: Comm. Armistead. I A copy of the agreement is on file in the County Manager's Office. AGREEMENT WITH MARINE CORPS FOR USE OF BUS TO TRANSPORT JURORS County Attorney Pope explained the necessity for the County to enter into an agreement with the Marine Corps for the recent use of their bus for transporting jurors back and forth from Onslow County to New Hanover County for a murder trail as ordered by the Judge. 168 MINUTES OF REGULAR MEETING, OCTOBER 4, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) AGREEMENT WITH MARINE CORPS FOR USE OF BUS TO TRANSPORT JURORS (CONTINUED) Comrn:-<5'Shields MOVED, SECONDED by Comm. Barfield, to author- ize the Chairman to execute the agreement with the Marine Corps for the use of their bus for transporting jurors. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Gottovi, O'Shields and Chm. Blake. Absent: Comm. Armistead. A copy of the agreement is on file ln the County Manager's Office. EXECUTIVE SESSION Comm. O'Shields MOVED, SECONDED by Comm. Gottovi, that the meeting be recessed to Executive Session to discuss land acquisition. Upon vote the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Gottovi, O'Shields and Chm. Blake. Absent: Comm. Armistead. Chm. Blake recessed the meeting to Executive Session at 11:10 o'clock P.M. Chm. Blake reconvened the meeting to public session on 11:25 o'clock P.M. OFFER TO SEACOR FOR LAND ACQUISITION FOR INCINERATOR Comm. Gottovi MOVED, SECONDED by Comm. O'Shields to authorize the Chairman to tender an offer to SEACOR, Inc. for the acquisition of property. Upon vote, the MOTION CARRIED as follows: r Voting Aye: Commissioners Barfield, Gottovi, O'Shields and Chm. Blake. Absent: Comm. Armistead. ADJOURNMENT Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, that the meeting be adjourned. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Gottovi, O'Shields, and Chm. Blake. Absent: Comm. Armistead. Chm. Blake adjourned the meeting at 11:26 o'clock P.M. Respectfully submitted, ~/6.~ Alyce B. Brown, Clerk r ,