The URL can be used to link to this page

Home My WebLink About1982-11-01 Regular Meeting 176 MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION ON ACCEPTANCE AND DISPOSAL OF TUGS FOR ARTIFICIAL FISHING REEF (CONTINUED) -- ---- Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, to authorize up to $2,145 for the insurance on the tugs based on the County Attorney's legal approval and the County Manager's administrative approval. Upon vote the MOTION CARRIED AS FOLLOWS: Voting Aye: Chm. Blake. Commissioners Barfield, Gottovi, O'Shields and Absent: Comm. Armistead. ADJOURNMENT Comm. O'Shields MOVED, SECONDED by Chm. Blake, that the meeting be adjourned. Upon vote the MOTION CARRIED AS FOLLOWS: Voting Aye: Chm. Blake. Commissioners Barfield, Gottovi, O'Shields and Absent: Comm. Armistead. Chm. Blake adjourned the meeting at 3:00 o'clock P.M. Respectfully submited, ~e~~. ~ Alyce B. Brown, Clerk r .~ ~~ + .. ... -....'~. -" - - MINUTES OF REGULAR MEETING NOVEMBER 1, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, November 1, 1982, at 6:30 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Howard L. Armistead, Jr.; Jonathan Barfield, Sr.; Karen E. Gottovi; Claud O'Shields, Jr.; Chm. Donald P. Blake; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Clerk to the Board Alyce B. Brown. No members were absent. Chm. Blake called the meeting to order. Dr. Arthur H. Williams, Jr. of Pearsall Memorial Presbyterian Church gave the invocation. EXPRESSION OF SYMPATHY ON DEATH OF PENDER COUNTY COMMISSION CHAIRMAN, MARVIN AUTRY Chm. Blake reported that he and Comm. O'Shields had attended the visitation and he and Comm. Barfield had attended the funeral to express condolences on behalf of the New Hanover County Board of Commissioners upon the recent death of Pender County Commission Chairman, Marvin Autry. r i APPROVAL OF MINUTES: REGULAR MEETING OCTOBER 18, 1982 Upon~OTION by Comm. O'Shields, SECONDED by Comm. Barfield, the Minutes of the Regular Meeting of October 18, 1982, were UNANIMOUSLY APPROVED as presented. ------- 177 MINUTES OF REGULAR MEETING NOVEMBER 1, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA County Manager Cooper reported that an amendment to the Property Management budget had been inadvertently omitted from the Consent Agenda and requested that the Commissioners add it to their Consent Agenda items for approval. I Comm. Barfield requested clarification on the contract for the Inmate Labor Program. Upon MOTION by Comm. Barfield, SECONDED by Comm. Gottovi, the following Consent Agenda items were UNANIMOUSLY APPROVED. PROCLAMATION FOR THE GREAT AMERICAN SMOKEOUT The Chairma~was author ized to sign the follow ing Proclamation. PROCLAMATION WHEREAS, it has become common knowledge that cigarette smoking is damaging to health, and WHEREAS, surveys have shown that a large percentage of smokers are eager to give up the habit, and WHEREAS, during the past two years millions of smokers enjoyed participation in the Great American Smokeout, a day on which they give up cigarettes for just 24 hours, and WHEREAS, hundreds of participants were residents of this county, and I WHEREAS, cigarettes for entirely, and a substantial number of those who gave up the day were able to give up the habit WHEREAS, this demonstration of success sugge~ts that the Great American Smokeout, while light-hearted in approach, has potential for improving the health of the people of this county, NOW, THEREFORE, I,' Donald P. Blake, Chairman, New Hanover County Board of Commissioners, do hereby proclaim Thursday, November 18, 1982, as the day of the GREAT AMERICAN SMOKE OUT in New Hanover County, and in so doing urge all cigarette smokers to try giving up cigarettes on that day. This 18th day of November, 1982. APPROVAL OF JUDICIAL BUILDING CHANGE WITH PEOPLES SAVINGS AND LOAN Change Orders to the-Contracts for Judicial Building were approved for the ORDERS AND AGREEMENT construction of the f<;>llowing work: I 1. Pile testing: Add $'2,904.15 - this is the cost over the initial allowance for testing services on the foundation piles. 2. Law Library: Add $2,660 - this item was originally removed from the plans, however, it is now being put back into the project. 3. Piles : Credit $ 5,542.60 - the actual lengths of the piles installed was less than the estimate, thus we received a credit for the unused length. The Chairmman was authorized to execute the agreement with Peoples Savings and Loan Association for work on the retaining wall. A copy of the Contract is on file in the County Manager's Office. 178 MINUTES OF REGULAR MEETING NOVEMBER 1, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) ADDITION OF MADELINE DRIVE TO STATE SECONDARY ROAD SYSTEM The SR-2 Resolution was adopted requesting the addition of Madeline Drive to the State Secondary Road System. A copy of the Resolution is on file in the Clerk's Office. CAMA CONTRACT FOR FISCAL YEAR 1982/83 The Chairman was authorized to execute the contract with the Department of Natural Resources and Community Development for reimbursement to the County for the issuance of the CAMA permit. A copy of the contract is on file in the County Manager's Office. TEMPORARY BUILDING AND MECHANICAL INSPECTIONS SERVICES CAROLINA BEACH The Chairman was authorized Town of Carol ina Beach Inspection and Mechanical unit high-rise residential Beach. . FOR to execute an agreement for the provision of Inspection services to pro j ect in the Town of with the Building a mul ti- Carolina A copy of the agreement is on file in the County Manager's Office. DISPOSAL PLANS FOR ONE AND TWO FAMILY DWELLING UNITS On recommendatic;n- fro~the Inspections Director, authorization was given for him to return plans for one and two family dwelling units to their owner upon completion of the framing inspection, or later, as the Inspections Department need for them dictates. r Approval for this method of disposal has been received from the records office of the N. C. Department of Cultural Resources. INMATE LABOR PROGRAM CONTRACT Authorization was given for the County Manager to execute a contract with the N. C. Department of Corrections, Division of Prisons, New Hanover Subsidiary, to establish a work program utilizing inmate labor from the New Hanover County Prison. A copy of the contract is on file in the County Manager's office. CAPITAL PROJECT ORDINANCE AND BUDGET AMENDMENT FOR HUGH MACRAE PARK The Capital Project Ordinance was adopted for the construction of bathroom facilities and the purchase of equipment for playgrounds and ball fields at Hugh M~~R~e Park. A copy of the Capital Project Ordinances is contained in Exhibit Book IX, Page 23. r The following budget amendments were approved to appropriate the funds for this project: Debit - Acct. #11 6120 630, Capital Outlay, Other Improvements $30,000 Credit -Acct. #11 9740 900, Transfer to Capital Projects $30,000 Debit - Acct. #37 3470 368, State Grant $28,000 Acct. #37 3981 920, Transfer from Gen. Fund 30,000 Credit- Acct. #37 6140 000, Hugh MacRae Park Acct. #37 6140 323, Arch. , Eng. , & Other $ 500 Acct. #37 6140 370, Contracted Services 16,500 Acct. #37 6140 630, Construction 24,000 Acct. #37 6140 640, Equip. & Other Improvements 16,000 ....... , I ' I I : I I : 179 MINUTES OF REGULAR MEETING NOVEMBER 1, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) CAPITAL PROJECT ORDINANCE AND BUDGET AMENDMENTS FOR HUGH MACRAE PARK (CONTINUED) Credit - Acct. #37 6140 911, Contingencies $ 1,000 I BUDGET AMENDMENT - PROPERTY MANAGEMENT The following budget amendment was approved by the County Manager in the Property Management budget to appropriate funds for the repair of street signs and is being reported to the Commissioners for entry into the record: Debit Credit - Acct. - Acct. Acct. Acct. #11 #11 #11 #11 9800 4196 4196 4196 911, 391, 422, 640, Contingencies $ M & R - Buildings & Grounds $ Auto Supplies Capital Outlay - Equipment 1,800 500 1,000 300 NON AGENDA ITEMS FROM THE GENERAL PUBLIC Chm. Blake asked if there was anyone present who would like to speak on any subject that was not on the agenda and no one appeared to comment. RESOURCE RECOVERY CAPITAL PROJECTS ORDINANCE County Manager Cooper explained the proposed project ordinance for the Resource Recovery Project. Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, to adopt the Capital Project Ordinance for the Resource Recovery Project for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of the Ordinance is contained in Exhibit Book IX, Page 23. APPROVAL OF STEAM CONTRACT WITH W. R. GRACE & COMPANY County Manager Cooper and Director of- Engineering explained and answered questions from the Commiss,ioners proposed contract with W. R. Grace & Company to purchase Hil ton, on _the steam. Comm. Barfield MOVED,' SECONDED by Comm. O'Shields, to authorize the Chairman to execute the Steam Contract with W. R. Grace & Company. Upon vote the MOTION CARRIED UNANIMOUSLY. A copy of the Contract is on file in the County Manager's Office. APPROVAL OF CONTRACT WITH CLARK-KENITH, INC. FOR RESOURCE RECOVERY SYSTEM County Manager Cooper responded to questions some of the Commissioners had concerning their personal liability in connection with awarding the design and build contract with Clark-Kenith, Inc. for the Resource Recovery System. I The Commissioners were also furnished copies of letters from the County Attorney and the Executive Director of the Wilmington/ New Hanover County Insurance Advisory Committee concerning their liability protection. Comm. O'Shields MOVED, SECONDED by Comm. Barfield, to authorize the Chairman to sign the Design and Build contract with Clark-Kenith, Inc. for the Resource Recovery System. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Contract is on file in the County Manager's Office. ISSUANCE OF REVENUE BONDS FOR CORNING GLASS Mr. Wallace Murchiso~Attorney for the New Hanover County Industiral Facilities and Pollution Control Financing Authority presented to the Board a resolution authorizing the isuance of pollution control revenue bonds for Corning Glass Works for 180 MINUTES OF REGULAR MEETING NOVEMBER 1, 1982 (CONTINUED) ISSUANCE OF REVENUE BONDS FOR CORNING GLASS (CONTINUED) consideration and adoption. Upon MOTION by Comm. Armistead, SECONDED by Comm. O'Shields, the Resolution was UNANIMOUSLY ADOPTED. A copy of the Resolution as adopted is contained in Exhibit Book IX, page 23. AUTHORIZATION FOR ISSUANCE OF INDUSTRIAL REVENUE BONDS FOR METAL IMPROVEMENT COMPANY, INC. Mr. Wallace Murchison, Attorney for the New Hanover County Industrial Facilities and Pollution Control Financing Authority, presented to the Board a Resolution authorizing the issuance of Industrial Revenue Bonds for Metal Improvement Company, Inc. for consideration and adoption. Upon MOTION by Comm. Armistead, SECONDED by Comm. Barfield, the Resolution was UNANIMOUSLY ADOPTED. A copy of the Resolution as adopted is contained in Exhibit Book IX, page 23. BREAK Chm. Blake recessed the meeting for a break from 6: 55 o'clock P.M. until 7:08 o'clock P.M. PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of Commissioners of New Hanover County on Monday, November 1, 1982, at 7:00 P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, N C, to consider the following: r PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 10 ACRES) LOCATED ON-THE' SOUTHEAST CORNER -OF BLUE CLAY ROAD (SR 1318) AND SIDBURY ROAD (SR-1336) FROM AN R-15 (RESIDENTIAL) DISTRICT TO A B-1 (BUSINESS) DISTRICT Planning Director Hayes gave the background information on this rezoning and reported that the Planning Board had considered it at the meeting in October and had recommended approval. The Planning staff had recommended denial. Chm. Blake asked if there was anyone present to speak in favor of this rezoning and no one appeared. Chm. Blake asked if there was anyone present to speak in opposition and Mr. William S.Funderburg appeared before the Board to oppose the rezoning. Comm. Gottovi MOVED to deny the rezoning. for lack of a SECOND. The MOTION DIED Comm. Armistead MOVED, approve the rezoning and upon Ordinance of the County of New Zoning Area 8-A adopted June North Carolina" was ADOPTED by SECONDED by Comm. O'Shields, to vote the Ordinance entitled, "An Hanover Amending the Zoning Map of 19, 1972 of New Hanover County, the following vote: r Voting Aye: and Chm. Blake. Commissioners Armistead, Barfield, O'Shields Voting Noe: Comm. Gottovi. A copy of the Ordinance as adopted is contained in Zoning Ordinance Book I, Section 8-A, page 12. ....... I' i ; , 181 MINUTES OF REGULAR MEETING NOVEMBER 1, 1982 (CONTINUED) I PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENTS TO ARTICLE II, DEFINITIONS, ARTICLE V, TABLE OF PKRlMITTED USES, AND OTHER PERTINENT SECTIONS CONCERNING REQUlREIMENTS FOR HOTEL/MOTEL AND "RESORT II HOTEL/MOTEL - - Comm. O'Shields commented on his memorandum to the Commissioners and explained his reasons for proposing a moratorium on the construction of Hotels or Motels for a period not to exceed 90 days and MOVED, SECONDED by Comm. Gottovi to adopt the following Ordinance: AN ORDINANCE PROHIBITING THE ISSUANCE OF ANY BUILDING PERMIT FOR THE CONSTRUCTION OF A HOTEL OR MOTEL The Board of County Commissioners of New Hanover County, North Carol ina, recognizing an emergency condition involving the existing Zoning Ordinance and pursuant to N.C.G.S. 153A-121 and 153A-352, deems it in the best interests of the citizens and residents of New Hanover County, in order to protect the health and safety of the general public and to maintain the peace and dignity of the County, to decree a moratorium and prohibit the issuance of any building permit for the construction of a hotel or motel for a period not to exceed ninety (90) days from the date of the final adoption of this ordinance, DOES HEREBY ORDAIN: That the New Hanover County Code of Ordinances is hereby amended by adding a section, to be numbered Sec. 5-55, which section reads as follows: "Sec. 5-55. MORATORIUM I "No building permit shall be issued by the inspections department to any person for the construction of a hotei or motel for and during the period, not to exceed ninety (90) days, from the date of the adoption of this ordinance." Comm. O'Shields then read into the record the following reasons he was proposing this moratorium: A. The fire safety of tall buildings in the County requires further study. B. Multi-story hotels and motels provide lodging for large numbers of people and are frequently fully occupied. C. Multi-story hotels and motels could place unexpected demands on local roads, causing traffic congestion and traffic safety problems. D. The County zoning Ordinance contains no height limitations on buildings in commercial zones. E. Tall buildings constructed in the County could disturb the aesthetic scale of the County's skyline. I F. The impacts of high-density projects on the County's unique scenic attractions require further study. G. Parking requirements for traditional hotels and motels and for newer resort hotels and motels require further study. H. Appropriate density limits for inhabited buildings in commercial zones need to be studied. I. Multi-story hotels and motels could place unexpected demands on local recreation facilities, resulting in overcrowded parks. Chm. Blake asked if there was anyone present to speak on this matter and the following persons appeared: ~ 182 MINUTES OF REGULAR MEETING NOVEMBER 1, 1982 (CONTINUED) PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENTS ,= HOTEL/MOTEL (CONTINUED) Mr. Harold Seagle, Attorney for Mr. J.B. Gerald and Mr. Dallas Harris. Mr. Dallas Harris Dr. Donald Getz Upon vote Comm. O'Shield's MOTION CARRIED UNANIMOUSL and the Ordinance was UNANIMOUSLY ADOPTED. DISCUSSION ON JOINT MEETING WITH PLANNING BOARD TO DISCUSS HOTEL/MOTEL DEFINITION It was agreed by consensus of the Board to have a work session with the Planning Board at the Regular meeting on November 15, 1982 at 9:00 o'clock A.M. to continue the discussion on the proposed definitions for Hotel/Motel and related impacts of high-rise development. APPEAL FROM PRELIMINARY PLAT APPROVAL - FIGURE EIGHT ISLAND Planning Director Hayes gave the- background on the appeal from the Planning Board's approval of the preliminary plat of Figure Eight Island, Section 20, Block A. Chm. Blake asked if there was anyone present to represent the parties appealing this action and the following persons appeared to comment: Mr. Alton Lennon, Attorney representing the parties appealing the Planning Board's action. Mr. Lewis Aull, Soil and Land Use Consultant Dr. Linda Little, Environmental Consultant Chm. Blake asked if there was anyone present to speak on behalf of the developers and the following persons appeared: r Mr. Dumay Gorham, Attorney for the Developers Mr. O. R. Piner spoke in opposition to the Development plan. Comm. Barfield MOVED that the proposed project be denied. County Attorney Pope and Staff Attorney Silliman reported that it would be necessary for the Commissioners to give their reasons for denying a preliminary plat approval. Comm. Barfield stated that his motion for denial was based on the property being unsuitable for residential development according to the information that he had reviewed. Comm. Gottovi SECONDED Comm. Barfield's MOTION and upon vote the MOTION CARRIED UNANIMOUSLY. BREAK Chm. Blake reces sed the meeting for a break from 8: 45 o'clock P.M. until 9:09 o'clock P.M. ACQUISITION OF BLOCKADE RUNNER MUSEUM ARTIFACTS County Manager Cooper reported on the status negotiations for acquisition of the Blockade Runner collection and outlined his recommendations to the Board. of the Museum I Comm. Armistead MOVED, SECONDED by Comm. O'Shields, to approve the County Manager's recommendation that the County offer $60,000 for the Blockade Runner Museum artifacts and dioramas enumerated under the following conditions: 1. The State will purchase the remainder of the items and keep the dioramas and collections intact where feasible for use by the Fort Fisher Museum or other New Hanover County locations. 2. The Museum Foundation and other groups will work toward funding fifty percent of the County's share. '------ 183 MINUTES OF REGULAR MEETING NOVEMBER 1, 1982 (CONTINUED) Upon vote the MOTION CARRIED UNANIMOUSLY. A copy of the list of items is contained in Exhibit Book IX, page 23. ADDITIONAL ITEMS I OAR BOARD MEMBER TO ATTEND JAIL CRISIS MEETING IN WASHINGTON Comm. BarfielClreported that Mrs. Joyce Bragg had requested that she be allowed to attend the NACo Assembly on Jail Crisis in Washington on November 10-13 with the OAR Board paying one half of her expenses and the County paying the other half. It was agreed by consensus of the Board that there would be no problem with this if County Manage~ Cooper could work out the arrangements. REQUEST FOR DEMOLITION OF HOUSE ON WALNUT STREET BETWEEN SEVENTH AND EIGHTH STREETS . Comm. Barfield reported that he had received a request to look into demolishing a house on Walnut Street between Seventh and Eighth Streets. He said that the house was in a bad state of repair, that it was infested with rodents and was causing problems in the neighborhood. County Manager Cooper agreed to look into the matter to see what could be done about the problem. I ACCEPTANCE OF RESIGNATION OF CLERK TO THE BOARD ALYCE BROWN Chm. Blake MOVED, SECONDED~y Comm~Armistead, to accept the resignation of Alyce B. Brown as Clerk to the Board. Upon vote the MOTION CARRIED UNANIMOUSLY. REQUEST FOR CLERGY PARKING SPACES AT NEW HANOVER MEMORIAL HOSPITAL Comm. Barfield reported that he had received a request to check into the possibility of having some reserved parking spaces at New Hanover Memorial Hospital to be used by members of the clergy. Comm. Armistead, the Commission representative on the Hospi tal Board, agreed to check into the possibility of having reserved parking spaces for the clergy. DISCUSSION ON RESOURCE ~COVERY GROUND BREAKING CEREMONIES Chm. Blake reported that he had received a letter from Gov. Hunt's office stating that the Governor would be attending the Ground Breaking Ceremony for the Resource Recovery Facility on December 2. Assistant County Manager Cannon explained the proposed plans for the ceremony and asked the Commissioners to let him know any other names they wished to add to or delete from the invitation list and also give him any other suggestions they might have for the ceremony. I REQUEST FOR APPOINTMENT TO HOSPITAL BOARD Chm. Blake stated that he would like to be appointed to the New Hanover Memorial Hospital Board of Trustees as the County Commission representative when Comm. Armistead went off the Board. DISCUSSION ON METHOD OF APPOINTING A CLERK TO THE BOARD County Manager Cooper reported -that he had begun the recruiting process for a Clerk to the Board but he did not feel the Commissioners would be able to review the applications and make an appointment before the next meeting. Comm. Gottovi MOVED, SECONDED by Comm. Barfield, that Mrs. Joyce Bragg be appointed Acting Clerk upon the departure of Mrs. Alyce Brown. 184 MINUTES OF REGULAR MEETING NOVEMBER 1, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION ON METHOD OF APPOINTING A CLERK TO THE BOARD ( CONTINUED) - After further discussion, Mrs. Brown agreed to change her resignation date to November 30. Comm. Gottovi withdrew her MOTION. ( The Commissioners and County Manager discussed methods of reviewing applications and appointing a Clerk. It was agreed that the applications would be screened and only those that qualified would be sent to the Commissioners for review, but all applications would be available for review by the Commissioners if they so desired. ADJOURNMENT Comm. Armistead MOVED, S~CONDED by ~omm. O'Shields, that the meeting be adjourned. Upon vote the MOTION CARRIED UNANIMOUSLY. Chm. Blake adjourned the meeting at 9:45 o'clock P.M. Respectfully submitted, ~4.~ Alyce B. Brown, Clerk r MINUTES OF REGULAR MEETING, NOVEMBER 15, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 15, 1982, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; Claud O'Shields, Jr.; Chairman Donald P. Blake; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Clerk to the Board Alyce B. Brown. Comm. Jonathan Barfield, Sr. was absent. Chm. Blake called the meeting to order. Comm. O'Shields gave the invocation. Chm. Blake reported that Comm. Barfield had missed a flight from Washington and would not be present for the meeting. APPROVAL OF MINUTES: REGULAR MEETING, NOVEMBER 1, 1982 Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, that the minutes of the Regular Meeting of November 1, 1982, be approved as presented. Upon vote the MOTION CARRIED as follows: r Voting Aye: Blake. Comm. Armistead, Gottovi, O'Shields and Chm. Absent: Comm. Barfield. APPROVAL OF CONSENT AGENDA Upon~OTION by Comm. O'Shields, SECONDED by Comm. Armistead, the following Consent Agenda items were APPROVED as follows: Voting Aye: Blake. Comm. Armistead, Gottovi, O'Shields and Chm. Absent: Comm. Barfield. '-