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1982-11-15 Regular Meeting 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: Camm. Barfield. '- 185 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1982, (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUEp) APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH OCTOBER 31, 1982 The report of the Collector of Revenue through October 31, 1982, as approved is contained in Exhibit Book IX, page 24. I APPROVAL OF TAX ABATEMENTS AND REFUNDS A copy of~he list of tax abatements and refunds as approved is contained in Exhibit Book IX, page 24. DONATION OF SURPLUS AIRPORT PROPERTY TO WRIGHTSBORO VFD Upon recommendation of the Airport Commission andAirport Manager, approval was given for donation of the following surplus property to the wrightsboro Volunteer Fire Department: Quick Response Crash Fire Rescue Vehicle (CFRV) 1966 Ford Pick-up Truck, Serial No. FI04N803154, County Control No. 006002. Aeronautical Radio Model 5WIOX Aerotron, Serial No. 10021585, County Control No. 006049. CONSENT TO ASSIGNMENT OF LEASE - APPLIED ANALYTICAL INDUSTRIES, INC. As recommended by the Airport Commission and Airport Manager, the Chairman was authorized to execute a consent to assignment of lease for property at the airport leased by Applied Analytical Industries, Inc. in order to allow them to obtain financing. I A copy of the consent to assignment of lease is on file' with the lease in the County Manager's office. TRAVEL UNLIMITED LEASE AGREEMENT FOR AIRPORT PROPERTY The Chairman was authorized to execute a lease agreement with Travel Unlimited for a travel agency concession at the Airport. A copy of the agreement is on file in the County Manager's Office. ENCROACHMENT AGREEMENT BUILDING CONSTRUCTION The Chairman was author ized to execute an encroachment agreement with the City of Wilmington to connect piping for the Judicial Building air-conditioning system to the cooling tower area ,of the Law Enforcement Center. To connect the systems, certain piping was required in Fourth Street. WITH CITY OF WILMINGTON - JUDICIAL A copy of the agreement is on file in the County Manager's office. I JUDICIAL BUILDING CHANGE ORDER NO. P-l Change Order No. P-l was approve~for Triangle Mechanical Contractor, Inc. Building construction. This Change contract amount by $325.00. the contract with 'for the Judicial Order increased the BUDGET AMENDMENT - WATER AND SEWER FUND The following amendment in the Water & Sewer Fund budget was approved to pay for engineering fees on the Seagate grant request and other water/sewer projects: Debit - Acct. #47 3470 410, User Fees Acct. #47 3990 990, Appropriated Fund Bal. Credit - Acct. #47 4707 320, Professional Services $ 6,000 12,000 $18,000 BUDGET AMENDMENT - TAX DEPARTMENT The following amendment was approved by the County Manager in ~ 186 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) BUDGET AMENDMENT - TAX DEPARTMENT (CONTINUED) -- the Tax Department budget to re-establish funds for an invoice from FY 1981/82 and was reported to the Commissioners for entry into the record: Debit - Acct. #11 3990 990, Fund Balance Appropriated Credit - Acct. #11 4141 640, Equipment $2,100 $2,100 r CHANGE ORDER AND BUDGET AMENDMENT - CAPE FEAR TECH BUILDING The Chairman was authorized to execute the Change Order for addi tional work necessary on the Cape Fear Technical Institute Building at 922 N. Front Street and the following budget amendment was approved to appropriate the funds: Debit - Acct. #42 9800 911, Contingencies Credit - Acct. #42 4702 630, Renovations $1,564 $1,564 PUBLIC HEARING - NO WAKE ZONE AT CAROLINA BEACH Notice had-been giventhat the New Hanover County Commissioners would hold a public hearing on November 15, 1982, at 9:00 a.m., or soon thereafter, in the Assembly Room, New Hanover County Administration Building, 4th and Chestnut Streets, Wilmington, N. C., to consider the creation of a No Wake Zone in the Carolina Beach Yacht Basin extending the existing No Wake Zone from Marker #6 to Marker #2. Chm. Blake asked if there was anyone present to speak on this No Wake Zone extension and no one from the general public appeared to comment. Director of Engineering Ed Hilton answered questions from the Commissioners on the proposed No Wake Zone extension. Comm. O'Shields MOVED, SECONDED by Comm. Armistead, to approve the No Wake Zone extension. Upon vote the following Resolution was adopted as follows: Voting Aye: Blake. Comm. Armistead, Gottovi, O'Shields and Chm. Absent: Comm. Barfield. RESOLUTION WHEREAS under authori ty of North Carolina General Statutes Section 75A-15(a) any subdivision of the State of North Carolina may at any time, after public notice, make formal application to the Wildlife Resources Commission for special rules and regulations with reference to the safe and reasonable operation of vessels on any water within its territorial limits; AND WHEREAS the County of New Hanover desires to assist the Town of Carolina Beach in providing for the safe operation of vessels in the waters in and near the territorial limits of Carolina Beach, North Carolina; AND WHEREAS the County of New Hanover has given public notice of its intention to make formal application to the wildlife Resources Commission for special rules and regulations with reference to the safe and reasonable operation of vessels on the Carolina Beach Yacht Basin and Myrtle Grove Sound within the territorial limits of New Hanover County, North Carolina, and for the implementation of the Uniform Waterway Marker System in all the waters described later in this resolution. r BE IT RESOLVED that in accordance with G.S. 75A-15 the Board of County Commissioners, New Hanover County, North Carolina, requests the North Carolina Wildlife Resources Commis- sion to promulgate special rules and regulations with safe and reasonable operation of vessels on those waters known as Carolina Beach Yacht Basin within the territorial limits of New Hanover "- 187 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1982 (CONTINUED) PUBLIC HEARING - NO WAKE ZONE AT CAROLINA BEACH (CONTINUED) County outside of the corporate limits of the Town of Carolina Beach, bounded on the North by a line perpendicular to the North End of Florida Avenue and intersecting Marker number "2" in the Channel of the Waterway, and on the South by the terminus of the Yacht Basin at the Carolina Beach Municipal Marina, the pertinent substance of which proposed regulations is as follows: I Speed Limit: It is unlawful to operate any motorboat or vessel at a speed greater than No-Wake speed in the described regulated area as herein above described. It is the purpose to protect life and property as this is a congested area increasing in traffic each day from transient and local boaters of the area. BE IT FURTHER RESOLVED that the New Hanover County Board of County Commissioners requests that the wildlife Commission promulgate regulations fully implementing the Uniform Waterway Marker System in all the waters of the area previously described. ' CONTINUATION OF PUBLIC HEARING AND JOINT MEETING WITH PLANNING - - - BOARD TO DISCUSS AMENDMENTS TO THE ZONING ORDINANCE, ARTICLE II, DEFINITIONS, ARTICLE V, TABLEOF PERMITTED USES AND OTHER PERTINENT SECTIONS CONCERNING REQUIREMENTS FOR HOTEL/MOTEL At the meeting on November 1, 1982, the Commissioners agreed to have a joint meeting with the Planning Board to consider definitions for Hotels/Motels. I After discussion on the question of whether or not this was a continuation of the public hearing of November 1, 1982, Comm. O'Shields MOVED, SECONDED by Comm. Gottovi, that it was the intent of the Board to continue the public hearing as well as have a work session with the members of the Planning Board. Upon vote the MOTION CARRIED as follows: Voting Aye: Blake. Comm. Armistead, Gottovi, O'Shields, and Chm. Absent: Comm. Barfield. The following Planning Board members were present: Mr. Richard Sniffen Mr. J. D. Orrell Mr. Maurice Wester Mr. Larry Flowers Mr. James Whitted Mr. Jim Sandy Mrs. Kay Sebian County Attorney Pope and Planning Director Hayes commented. I Comm. Gottovi MOVED, SECONDED by Comm. O'Shields to define Hotel/Motel according to the Planning Staff's proposal as an establishment containing multiple guest rooms designed without independent cooking facilities and intended for temporary lodging entertainment and various personal services for pay to the traveling public. The following persons appeared before the Board to make comments: Mr. Harold Seagle, Attorney for Mr. J. B. Gerald and Mr. Dallas Harris. Mrs. Kay Sebian, Planning Board member Mr. Richard Sniffen, Planning Board member Mr. Jim Sandy, Planning Board member Mr. Larry Flowers, Planning Board member Mr. J. D. Orrell, Planning Board member Mr. Henry Johnston Mr. Ezra Hester Attorney Jack Crossley 188 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1982 (CONTINUED) CONTINUATION OF PUBLIC HEARING AND JOINT MEETING WITH PLANNING BOARD TO DISCUS:S AMENDMEMNTS TO THE ZONING ORDINANCE, ARTICLE II, DEFINITIONS, ARTICLE V, TABLE OF PERMITTED USES AND OTHER PERTINENT SECTIONS CONCERNING REQUIREMENTS FOR HOTEL/MOTEL (CONTINUED) Dr. James Furr Upon vote Comm. Gottovi's MOTION CARRIED as follows, 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 adopted. Voting Aye: Comm. Gottovi, O'Shields and Chm. Blake. Voting Noe: Comm. Armistead. Absent: Comm. Barfield. A copy of the Ordinance is contained in Exhibit Book IX, Page 24. DISCUSSION ON IMPACT ON HIGH RISE DEVELOPMENT IN THE COUNTY Planning Director Hayes gave the background-and the staff's recommendations for high rise development in the County. Inspections Director Conklin commented on the building code requirements for high rise construction. The following persons offered additional comments: Mr. Richard Snifen Mr. Jim Sandy County Manager Cooper Mr. Henry Johnston Mr. Larry Flowers BREAK Chm. Blake recessed the meeting for a break from 10:45 o'clock a.m. until 11:02 o'clock a.m. CONTINUED DISCUSSION ON IMPACTS OF HIGH RISE DEVELOPMENT The following persons offered additional comments: Mr. Dallas Harris Inspections Director Conklin Planning Director Hayes commented on the various methods of setting density requirements. Comm. Gottovi MOVED, SECONDED by Chm. Blake, that the New Hanover County Commission intends to abide by the Land Use Plan and will examine and adjust the Ordinances and Regulations in light of the Land Use Plan and to enforce them. Upon vote the MOTION CARRIED as follows: Voting Aye: Blake. Comm. Armistead, Gottovi, O'Shields and Chm. Absent: Comm. Barfield. The following persons offered additional comments: Mr. Richard Sniffen Mr. J. D. Orrell Dr. James Furr The Planning Board members left the meeting at 12:00 o'clock noon. BREAK Chm. Blake recessed the meeting for a break from 12:02 o'clock p.m. until 12:10 o'clock p.m. FIRST READING OF ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR " 189 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1982 (CONTINUED) AIRPORT Airport Manager R. C. Shackelford, Jr. and Co~~. Armistead, representing the Airport Commission, answered questions on the proposed Ordinance Establishing Rules and Regulations for the Airport. I County Attorney Pope reported that tf adopted this Ordinance would become Chapter 16 in the New Hanover County Code and stated that in each place in the propqsed ordinance where the word "Chapter" was mentioned, he would recommend that it be changed to "Article". Comm. Armistead MOVED, SECONDED by Comm. Gottovi, to adopt the Ordinance Establishing Rules and Regulations for the Airport with the changes pointed out by the County Attorney. Upon vote, the Ordinance passed the first reading by the following vote: Voting Aye: Blake. Comm. Armistead, Gottovi, O'Shields and Chm. Absent: Comm. Barfield. DESIGNATION OF IN-HOME SERVICES COMMITTEE TO SET UP PRIORITIES FOR FUNDING AGING PROGRAMS Ms. Linda Bedo, AAA Administrator for the Cape Fear Council of Governments, appeared before the Board to discuss the designation of a planning body to set up priorities for funding Aging Programs under Title III-B and C of the Older Americans Act for fiscal year 1983. I Comm. O'Shields MOVED, SECONDED by Comm. Gottovi, that the In-Home Services Committee be designated as the planning body to set priorities for funding aging programs under Title III-B and C of the Older Americans Act for Fiscal Year 1983, as recommended by Ms. Bedo. Upon vote the MOTION CARRIED as follows: Voting Aye: Blake. - - Comm. Armistead, Gottovi, O'Shields and Chm. Absent: Comm. Barfield. APPOINTMENTS TO AGING ADVISORY COUNCIL Ms. Linda-Bedo, AAA Administrator for the Cape Fear Council of Governments reported that the Commissioners needed to make recommendations for appointment to the Aging Advisory Council from New Hanover County and recommended the current members be reappointed. Chm. Blake MOVED, SECONDED by Comm. O'Shields that the following members of the Aging Advisory Council be reappointed for two years terms: Ms. Katherine K. Benjamin Ms. Lucie Fryar Ms. Karen Gottovi Ms. Lucille Johnson Mr. Don Betz Mr. Stanley Addelmann I Upon vote the MOTION CARRIED as follows: Voting Aye: Blake. Comm. Armistead, Gottovi, O'Shields and Chm. Absent: Comm. Barfield. PROGRESS REPORT ON 1983 TAX REVALUATION Tax Administrator Larry Powell appeared before the Board to brief the Commissioners on the progress of the 1983 Tax Revaluation Project and reported that the Valuation notices would be mailed to taxpayers on Friday, November 19. ADDITIONAL ITEMS 190 UNUTES OF REGULAR MEETING, NOVEMBER 15, 1982 (CONTINUED) DISCUSSION ON OCEAN FRONT DEVELOPMENT CONFERENCE Comm. Gottovi advised the Commissioners of an Ocean Front Development Conference that was being held on Thursday, December 2, at the Hilton and urged everyone to attend the conference which was being sponsored by DNRCD and the Office of Coastal Management if possible. DISCUSSION ON REQUEST FOR PORNOGRAPHY DISPLAY LAW Comm. Gottovi brought up the matter of a request that had been received for a prnography display law and was advised that the County Attorney's office was looking into such an ordinance and would be sending his recommendations to the Commissioners. r DISCUSSION ON JAIL CRISIS MEETING IN WASHINGTON Chm. Blake reported on the NACo Assembly on the Jail Crisis which was held in Washington, D.C. recently and attenq~d by several of the Commissioners and staff members. DISCUSSION ON SWEARING IN OF NEW COUNTY COMMISSIONERS County Manager Cooper reported that the newly elected County Commissioners would be sworn in at the next regular meeting. APPOINTMENT OF ACTING CLERK TO THE BOARD Comm. Gottovi MOVED, SECONDED by Chm. Blake, that Mrs. Joyce Bragg be appointed Acting Clerk to the Board of Commissioners effective December 1, 1982, until such time as a Clerk is appointed. Upon vote the MOTION CARRIED as follows: Voting Aye: Blake. Comm. Armistead, Gottovi, O'Shields and Chm. Absent: Comm. Barfield. r DISCUSSION ON LETTERS TO CONGRESSMEN CONCERNING TAXING OF SOCIAL SECURITY County Manager Cooper reported that he had received a request that the Commissioners write letters to the Congressmen concerning the proposed taxing of Social Secuirty. DISCUSSION ON FUNDING ALTERNATIVES FOR BLOCKADE RUNNER MUSEUM ACQUISITION Mr. Lee Crouch, President of the Museum Foundation, appeared before the Board to bring the Commissioners up to date on the progress of funding for acquisition of the Blockade Runner Museum collection, and requested the approval of a $60,000 commitment by the County to be offered as a cash contribution up front with the balance of $90,000 to be raised by the Museum Foundation through donations from the community. County Manager Cooper commented and reported that the Commissioners would need to appropriate an additional $10,000 to be used for moving and storage of the exhibits. Comm. O'Shields MOVED, SECONDED by Comm. Armistead to appropriate the $60,000 for purchase of the designated exhibits for the Museum and an additional $10,000 to be used for storage, packaging and moving, with the understanding that the funds were for purchase of the designated items and not to be used as option money. Upon vote the MOTION CARRIED as follows: r Voting Aye: Blake. Comm. Armistead, Gottovi, O'Shields and Chm. Absent: Comm. Barfield. DISCUSSION ON SPECIAL MEETING TO INTERVIEW CLERK APPLICANTS Chm. Blake reported that a Special Meeting would be called for November 29, 1982, at 9:00 a.m. to interview the '- I I' i ' I I' 191 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION ON SPECIAL MEETING TO INTERVIEW CLERK APPLICANTS applicants for the position of -Clerk to the Board. ADJOURNMENT Comm. Gottovi MOVED, SECONDED by Chm. Blake that the meeting be adjourned. Upon vote, the MOTION CARRIED as follows: I Voting Aye: Blake. Comm. Armistead, Gottovi, O'Shields, and Chm. Absent: Comm. Barfield. Chm. Blake adjourned the meeting at 1:13 o'clock p.m. Respectfully submitted, Alyce B. Brown, Clerk MINUTES OF SPECIAL MEETING, NOVEMBER 29, 1982 ASSEMBLY The~ew Hanover County Board of Commissioners met in Special Session on Monday, November 29, 1982, at 8:30 o'clock a.m. in the, 5th Floor Conference Room, New Hanover County Administration Building, Wilmington, North Carolina. I Members present were Commissioners Claud O'Shields, Jr.; Karen E. Gottovi; Chairman Donald P. Blake; County Manager G. Felix Cooper and Clerk to the Board, Alyce B. Brown. Commissioners Howard L. Armistead, Jr. and Jonathan Barfield, Sr. were absent. Chm. Blake called the meeting to order and stated the purpose of the Special Meeting was to discuss a personnel matter. EXECUTIVE SESSION Comm. O'Shields MOVED, SECONDED by Comm. Gottovi, that the meeting be recessed to Executive Session to discuss a personnel matter. Upon vote, the MOTION CARRIED as follows: Voting Aye: Absent: Comm. Gottovi, O'Shields and Chairman Blake Comm. Armistead and, Barfield Chm. Blake recessed the meeting to Executive Session at 8:40 o'clock a. m. Chm. Blake reconvened the meeting to Public Session at 11:55 o'clock a. m. I AUTHORIZATION FOR COUNTY MANAGER TO MAKE OFFER FOR CLERK TO THE BOARD POSITION Chm. Blake reported that the Board had interviewed applicants for the position of Clerk to the Board, had reached a consensus and instructed the County Manager to offer the job to the person selected after making certain other reference checks and authorized him to make the public announcement. It was agreed that the formal appointment would be made at the next regular meeting. ADJOURNMENT Comm. O'Shields MOVED, SECONDED by Comm. Gottovi, that the meeting be adjourned. Upon vote, the MOTION CARRIED as follows: Voting Aye: Absent: Comm. Gottovi, O'Shields and Chm. Blake Comm. Armistead and Barfield Chm. Blake adjourned the meeting at 12:00 o'clock noon. Respectfully submitted, Alyce B. Brown, Clerk