The URL can be used to link to this page

Home My WebLink About1983-11-07 Regular Meeting 427 MINUTES OF SPECIAL MEETING, 'OCTOBER 20, 1983 (CONTINUED) MOTION CARRIED UNANIMOUSLY. A copy of the Resolution is contained in Exhibit Book X, Page 53. I Chairman Gottovi, on behalf of the Commissioners, expressed appreciation to the Airport Commission for holding the joint meeting and for the excellent presentation of the New Terminal Complex Plan. EXTENSION OF MORATORIUM ON BARRIER ISLANDS Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to extend the moratorium on the Barrier Islands to December 1, 1983, allowing time for the Commissioners to discuss and study the Hurricane Protection Plan being prepared by County Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended Ordinance is contained in Exhibit Book X, Page 53. ADJOURNMENT Commissioner Barfield MOVED, to adjourn the Special Meeting. UNANIMOUSLY. SECONDED by Commissioner O'Neal Upon vote, the MOTION CARRIED Chairman Gottovi adjourned the Special Meeting at 11:01 o'clock A.M. I ~e pectfully submitted, , d J61~ Lu ie F. Smith, Clerk MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 7, 1983, at 7:00 o'clock P.M. in the Assembly Room, New Hanover Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman Karen E. Gottovi; County Manager, G~ Felix .Coooe;r; .COU rit.v." " ,"'_ _ Attorney Robert W. Pope and Clerk to the Board Lucie F. Smith. Chairman Gottovi called the meeting to order. Commissioner O'Shields gave the invocation. APPROVAL OF MINUTES Commi s s ioner 0' Shields MOVED, SECONDED by Commi ssioner O'Neal to approve the minutes of the Regular Meeting of October 3, 1983, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. I Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the minutes of October 17, 1983, with additional verbiage to the discussion of Heritage, Inc. as requested by Chairman Gottovi .to react. as fo'.'lows: Chairman Gottovi stated after a review of materials provided by the County Attorney and the County Manager that she did not feel there was a public need for this facility. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commi ssioner 0' Shields MOVED, SECONDED by Commi s sioner 428 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) APPROVAL OF MINUTES (CONTINUED) Barfield to approve the minutes of the Special Meeting of October 17, 1983, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. , . Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve the minutes of the Special Meeting of October 20, 1983, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA After discussion of Item #12 with reference to the DWI Grant by Commissioner O'Shields, Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the following Consent Agenda. Upon vote; the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION FOR COMPLETION OF HIGHWAY 1-40 The Commissioners adopted a resolution urging the completion of Highway I-40 to be forwarded to Governor Hunt and the N. C. Department of Transportation for endorsement. A copy of the Resolution is contained in Exhibit Book XI, Page 1. PROCLAMATION - GREAT AMERICAN SMOKEOUT DAY The Commissioners adopted a proclamation proclaiming November 17, 1983, as GREAT AMERICAN SMOKEOUT DAY. A copy of the Proclamation is contained in Exhibit Book XI, Page 1. RECLASSIFICATION OF ENVIRONMENTAL HEALTH SUPERVISOR II TO DIRECTOR OF ENVIRONMENTAL HEALTH I - HEALTH DEPARTMENT The Commissioners approved reclassification of Environmental Health Supervisor II to Director of Environmental Health I for a salary grade increase from Grade 72 to Grade 76. Mr. Michael Rhodes is in this position and, liiJr~~_ receive an increase in salary from $22,402 to $25,314. ADOPTION OF RESOLUTION - ADDITION OF WOODHAVEN DRIVE TO STATE HIGHWAY SYSTEM The Commissioners adopted a resolution for addition of the following road to the State Highway Secondary Road System: Woodhaven Drive (Div. File #496-N) A copy of the Resolution is contained in Exhibit Book XI, Page 1. CONTRACT - LANDFILL DESIGN - CELL #2 - ENGINEERING DEPARTMENT The Commissioners authorized the Chairman to execute a contract with Post, Buckley, Schuh and Jernigan for design services for the Landfill, Cell #2. A copy of the Contract is on file in the County Manager's office. HUMAN RELATION'S EEOC GRANT/CONTRACT - DEPARTMENT OF HUMAN RELATIONS The Commissioners authorized the Chairman to execute an EEOC Grant/Contract in the amount of $47,054 to provide funds for the Human Relations Staff to attend Fair Employment Practice Training sessions for the processing of Age Discrimination in Employment Charges as well as the processing of new charges. A copy of the Grant/Contract is on file in the County Manager's office. BUDGET AMENDMENT - INMATE PRISON LABOR - AIRPORT The Commissioners approved the following Budget Amendment in the amount of $3,500 to cover Purchase Order #3110 to Terra Corporation and Purchase Order #3073 to IBM for inmate prison I'-... 429 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) BUDGET AMENDMENT - INMATE PRISON LABOR - AIRPORT (CONTINUED) labor and temporary clerical assistance: Debit Credit - Acct.#60 3990 990, App. Fund Bal. Acct. #604;530" <.64.{).3, Capital Outlay Acct.#60 4530 421, Supplies Acct.#60 4530 100, Salaries $3,500 $ 885 328 2,287 I BUDGET AMENDMENT APPROVED BY THE COUNTY MANAGER - HEALTH DEPT. The following Budget Amendment has been approved by the County Manager and is being reported for entry into record: Debit Credit - Acct.#ll 3516 375, Revenue Acct.#ll 5163 520, Travel, Meetings & Schools $ $ 400 400 BUDGET AMENDMENT - SHERIFF'S DEPARTMENT The following Budget Amendment in the amount of $3,300 was approved by the Commissioners for revenue received from the insurance company to be used to replace a wrecked auto: Debit Credit - Acct.#ll 3390 890, Mis. Revenue $3,300 Acct.#ll 4311 640, Capital Outlay Equip. $3,300 BUDGET AMENDMENT - COUNTY-WIDE SEWER PROJECT - ENGINEERING DEPT. The Commissioners approved the following Budget Amendment in the amount of $14,000 to budget county-wide sewer funds under a new fund number: I Debit Acct.#43 4720 323, Engineering $14,000 Acct.#45 3470 920, Transfer from N. E. .10...> j ":.Ue .......-; Interceptor 14,000 Credit - Acct.#45 4720 323, Engineering $14,000 Acct.#43 3470 920, Transfer from N.E. ;1.. Interceptor 14,000 BUDGET AMENDMENT - SOCIAL SERVICES The Commissioners approved the following Budget Amendment in the amount of $137,613 to adjust revenues with Approval Notice 1047 for the Department of Social Services: ~: Debit Acct. III 3530 379, Reim. for County Welfare A~in. Expenditures $105,479 Acct. III 3990 990, County Approp. Fund Bal. 32,134 Credit - Acct. III 3530 377, State In-Home $ 86,274 Acct. III 3534 379, Title XX-Transportation 9,075 Acct. III 3535 380, Crisis Interven. Program 42,264 BUDGET AMENDMENT - 55 MPH ENFORCEMENT GRANT - SHERIFF'S DEPT. The Commissioners approved the following Budget Amendment in the amount of $107,764 to budget the 55 MPH Enforcement Grant for FY 1983/84: Debit Acct. III 3413 220, Highway Safety Grant $107,764 I Credit - Acct. III 4314 100, Salaries & Wages $ 57,661 Acct. III 4314 210, FICA 3,864 Acct. III 4314 221, Retirement 2,422 Acct. III 4314 230, Group Insurance 2,700 ,.:.:.AGP"t-. Ill, 4\314, 393j M & R - Autos 927 Acct.lll 4314 411, Printing 1,911 Acct. III 4314 421, Dept. Supplies 1,950 Acct. III 4314 422 ,,'.Auto Supplies 2,784 Acct. III 4314 540, Insurance 4,045 Acct. III 4314 640, Capital Outlay 29,500 BUDGET AMENDMENT - DWI TESTING - SHERIFF'S DEPARTMENT The Commissioners approved the following Budget Amendment in the amount of $33,377 to budget DWI Chemical Testing Grant for FY 1983/84: 430 MTNUTES"'GF REGULAR'MEETING, NOVEMBER 7, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) BUDGET AMENDMENT - DWI TESTING - SHERIFF'S DEPARTMENT (CONTINUED) Debit Acct.#ll 3413 220, Highway Safety Grant $33,377 Credit - Acct.#ll 4315 100, Salaries & Wages $23,186 Acct.#ll 4315 210, FICA 1,554 Acct.#ll 4315 221, Retirement 974 Acct.#ll 4315 230, Group Insurance 1,080 Acct.#ll 4315 411, Printing 561 Acct.#ll 4315 421, Dept. Supplies 2,978 Acct.#ll 4315 540, Insurance 1,631 Acct.#ll 4315 640, Capital Outlay 1,413 APPROVAL OF WORK AUTHORIZATION 83-4 - TCA CONTRACT - NEW HANOVER COUNTY AIRPORT The Commissioners authorized the Chairman to execute a Work Authorization not to exceed $7,500 for preliminary planning and engineering services required to plan the property siting for the new Air Traffic Control Tower including an access plan relieving access problems to the FBO on the east side of the field. A copy of the Work Authorization is on file in the County Manager's office. BUDGET AMENDMENT - NEW HANOVER COUNTY AIRPORT The Commissioners approved the following Budget Amendment in the amount of $85,800 to transfer budgeted and non-budgeted items at the New Hanover County Airport: Debit - Acct.#60 3990 990, Unappropriated Fund Bal. Acct.#60 4530 394, M&R Other Improvement Credit - Acct.#60 4530 391, M&R Bldgs. & Grounds Acct.#60 4530 640, Capital Outlay - Equipment Acct.#60 4530 326, Professional Services Acct.#60 4530 620, Capital Outlay-Buildings $42,100 43,700 $16,400 36,900 4,000 28,500 RECORD RETENTION PROGRAM - FINANCE DEPARTMENT The Commissioners authorized the Finance Director to destroy records from the various departments as requested. BUDGET AMENDMENT - TRANSPORTING OF TIRES TO REEF - ENGINEERING DEPT. The Commissioners approved the following Budget Amendment in the amount of $ 4,000 for transporting bundled tires to the reef and the hiring of temporary employees for a two-month period: Debit Credit - Acct.#ll 9800 990, Contingencies Acct.#ll 4197 371, Contracted Services $4,000 $4,000 RESOLUTION -AMENDMENTS TO AIRPORT ORDINANCE The Commissioners adopted amendments clarifying the Airport Ordinance and a resolution authorizing the Airport Manager to be the person in charge of enforcing Section 1-16 of the Airport Ordinance regarding disorderly conduct in public buildings and and facilities at the Airport. A copy of the Resolution is contained in Exhibit Book XI, Page 2. CONTRACT - CLAYEY SAND LANDFILL COVER - ENGINEERING DEPARTMENT The Commissioners authorized the Chairman to execute a contract with Zimmerman Construction Company in the amount of $189,000 for the furnishing and delivery of 50,000 cubic yards of clayey sand for the final cover of the first cell in the Landfill. A copy of the Contract is on file in the County Manager's office. I'-. MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) 431 APPROVAL OF CONSENT AGENDA (CONTINUED) .' t: \ _ ~ -. ,>";::: - "Cf'-".~~r ~.'- I REAPPRAISAL OF RIVERSIDE APARTMENTS .. The Commissioners approved the Tax Administrator's request to establish a new value for the parcels in question abating $2,536,840. PROJECT ORDINANCE -' SEAGATE SEWER SYSTEM The Commissioners approved a Project Ordinance in the amount of $981,000 for the Seagate Sewer System as authorized in the following Budget Amendment: Debit Acct.#44 3470 Acct.#44 3470 Acct.#44 3470 Credit - Acct.#44 4701 Acct.#44 4701 d. ':--Acct . # 4 4 "4701 Acct.#44 4701 Acct.#44 9800 262, Federal Grant 368, Clean Water Bonds 920, Transfer from General 660, Construction 324, Archaeological Survey 323~ Engineering & Testing 320, Administration 911, Contingencies $ 7 2 5 , 8 0 0 ',,: 71,688 183,512~ $834,645 644 58,000 5,000 82,711 A copy of the Project Or&inance is contained in Exhibit XI, Page 2. NON-AGENDA ITEMS - GENERAL PUBLIC Chairman Gottovi asked if anyone present wished to speak on an item not listed on the Agenda. No one commented. I PUBLIC HEARING - BOND ORDER AUTHORIZING THE ISSUANCE OF $11,500,000 SCHOOL BONDS OF THE 'COUNTY OF NEW HANOVER The Clerk of the Board of Commissioners reported to the Commissioners that the bond order" entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $11,500,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER", which had been introduced on October 17, 1983, had been published in a qualified newspaper on October 20, 1983, with notice that the Board would hold a Public Hearing thereon on November 7, 1983. The Clerk also reported that the County's Finance Officer had filed in her office a Statement of Debt complying with the provisions of The Local Government Bond Act and such statement as filed showed the net indebtedness of the County to be 1.9% of the appraised valuation of property in said County subject to taxation. Commissioner Barfield MOVED that the Board proceed to hold a Public H~aring on the school bond order. The motion was seconded by Commissioner O'Neal and was unanimously adopted. At,7:16 o'clock, P.M., the Chairman of the Board announced -. rl .. that the Board would hear ahy6ne who wished to be heard on the" questions of the validity of the school bond order and the advisability of issuing the bonds. At the direction of the Chairman, the Clerk read said school bond order and the published notice of hearing. The following persons commented: Ms. Lucille Shaffer, Chairman of the Board of Education Mr. Michael Jordan Mr. M. H. Vaughan I After the Board had heard all persons who requested to be heard, Commissioner Barfield moved that the Public Hearing be closed. The motion was seconded by Commissioner O'Neal and was unanimously adopted. Commissioner Barfield moved that the Board of Commissioners adopt without change or amendment and direct the Clerk to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $11,500,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER", introduced at the meeting of the Board of Commissioners held on October 17, 1983. 432 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) " PUBLIC HEARING - BOND ORDER AUTHORIZING THE ISSUANCE OF $11,500,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER (CONTINUED) The motion was seconded by Commissioner Blake and was adopted by the following vote: AYES: Commissioners Barfield, Blake, Gottovi, O'Neal and O'Shields NAYS: NONE Commissioner Barfield moved the adoption of the following resoluti.qn which ~was,-read. a,t length to the Board: \_. r.~ ' RESOLUTION WHEREAS, the Board .Qf Commissioners has adopted the bond order hereinafter described authorizing the issuance of $11,500,000 School Bonds and su~h bond order and the indebtedness to be incurred by the issuance of such bonds and the tax to be levied for the payment of such bonds should be submi tted to the voters of the County of New Hanover for their approval or disapproval in order to comply with the Constitution and laws of North Carolina; NOW THEREFORE, t i ,", ",; BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, as follows: (1) The question whether the qualified voters of the County of New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds of the County authorized by said bond order, which indebtedness shall be secured by a pledge of the County's faith and credit, (b) the levy of a tax for the payment thereof, and (c) said bond order shall be submitted to the qualified voters of said County at an election to be held in said County on January 17, 1984. (2) The Clerk of the Board of Commissioners is hereby authorized and directed to publish a notice of said election which shall be in substant-ially the following form: . (C! '( tJ -" ..', . I COUNTY OF NEW HANOVER, NORTH CAROLINA NOTICE OF S~ECIAL BOND ELECTION NOTICE IS HEREBY GIVEN that a special bond election will be held in the County of New Hanover, North Carolina, on January 17, 1984, for the purpose of submitting to the qualified voters of said County the questions whether they shall approve or disapprove (1) the indebtedness to be incurred by the issuance of bonds of said County of the' maximum principal amount of $11,500,000 which indebtedness shall be secured by a pledge of the County's faith and credit, and (2) the levy of a tax for the payment of such bonds, and (3) the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $11,500,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER", adopted by the Board of Commissioners of said County on November 7, 1983, to authorize the issuance of said bonds and the levy of such tax. The $11,500,000 School Bonds are authorized to pay capital costs of improving public school facilities in New Hanover County, including the construction of new school buildings and additions to existing schools, and including the acquisition and installation of furnishings and equipment necessary therefore, in order to maintain public schools in the County for the school term prescribed by law. Th,~ ~allJlo,ts t<;>,. be used:at said election shall contain the words, "SHALL the order authorizing $11,500,000 of bonds secured by a pledge of the faith and credit of the County of New Hanover to pay capital costs of improving public school facilities in New Hanover County, including the construction of new school buildings and additions to existing schools, and including the acquisi tion and installation of furnishings and equipment I'-... 433 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) PUBLIC HEARING - BOND ORp~R AUTHORIZING THE ISSUANCE OF $11,500,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER (CONTINUED) I necessary therefore, in order to maintain public schools in the County for the school term prescribed by law, and a tax to be levied for the payment thereof, be approved?", with squares labelled "YES" and "NO" beneath or beside such words in which squares the voter may record his choice. In the event a majority of the qualified voters voting at said election vote to approve the order, the incurring of indebtedness and the levy of a tax related thereto, said bonds shall be issued and taxes shall be levied for the payment of such bonds. The polls for the election will open at the hour of 6:30 o'clock, A.M. and will close at the hour of 7:30 o'clock, P.M. The Election will be held in the following Precincts and Polling Places in the County: Polling Place D. C. Virgo School 813 Nixon Street, Wilmington, N. C. Precinct Wilmington #1 Tileston School 412 Ann Street, Wilmington, N. C. Wilmington #2 Wm. Hooper School 410 Meares Street, Wilmington, N. C. Wilmington #3 I Sunset Park Jr. High School 201 Tennessee Ave., Wilmington, N. C. Wilmington #4 Wellington Ave. Fire Station 1502 Wellington Ave., Wilmington, N. C. Wilmington #5 New Hanover High School Brogden Hall, Market St., Wilmington, N. Wilmington #6 C. Williston Jr. High School 401 South 10th St., Wilmington, N. C. Wilmington #7 Lake Forest Inc. 250 Pinecrest Pkwy., Wilmington, N. C. Wilmington #8 Snipes School 2150 Chestnut St., Wilmington, N.C. Wilmington #9 Catlet School 814 Colwell Ave., Wilmington, N. C. Wilmington #10 Empie Park Fire Station 3403 Park Ave., Wilmington, N.C. Wilmington #11 I Forest Hills School Wilmington #12 . 410 Colonial Dr., Wilmington, N.C. Winter Park Presbyterian Church Wilmington #13 4501 Wrightsville Ave., Wilmington, N . C. Roland Grice School 0 Wilmington #14 4412 Lake Ave., Wilmington, N.C. Blount School Wilmington #15 3702 Princess Place Dr., Wilmington, N.C. Wrightsboro School Cape Fear #1 640 Castle Hayne Road, Wilmington, N.C. Castle Hayne Fire Station Cape Fear #2 ._- Cas t.l e. Hiwne Road, Cas t 1 e Hayne, N. C. 434 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) PUBLIC HEARING - BOND ORDER AUTHORIZING THE ISSUANCE OF $11,500,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER (CONTINUED) Polling Place Precinct I .' _ 4'__ Laney High School Hwy. #132, Wilmington, N.C. Cape Fear #3 Winter Park School 204 MacMillan Ave., Wilmington, N.C. Harnett #1 American Legion Bldg. Masonboro Loop Rd., Wilmington, N.C. Harnett #2 Seagate Baptist Church 6115 Oleander Dr., Wilmington, N.C. Harnett #3 College Park School 5001 Oriole Dr., Wilmington, N.C. Harnett #4 Noble Jr. High School 6620 Market St., Wilmington, N. C. Harnett #5 Springview Baptist Church 801 N. College Rd., Wilmington, N.C. Harnett #6 Ogden Fire Department 7375 Market Street, Wilmington, N.C. Harnett #7 Wrightsville Beach School Harbor Island, Wrightsvill~ ~c~.,N.C. Pine Valley School Pine Valley Estates, Wilmington, N.C. Wrightsville Beach #1 Masonboro #1 Masonboro Baptist Church 1501 Beasley Rd., Wilmington, N. C. Masonboro #2 New Hanover Rescue Squad Masonboro #3 4550 Carolina Beach Rd., Wilmington, N.C. Church of Christ (Sea Pines) Masonboro #4 3601 S. College Rd., Wilmington, N.C. Myrtle Grove Baptist Church Masonboro #5 Myrtie Grove Sound, Wilmington, N.C. Myrtle Grove Community Building Federal Point #1 Carolina Beach Rd., Wilmington, N. C. Carolina Beach Town Hall Federal Point #2 Carolina Beach, N. C. Kure Beach Town Hall Federal Point #3 Kure Beach, N. C. The registration records for said election will be kept open at the office of the New Hanover County Board of Elections, at 149 North Fourth Street, in Wilmington, from 8:00 o'clock A.M., until 5:00 o'clock, P.M., each Monday through Friday, through December 19, 1983. Voters may also be registered at the New Hanover County Library, at 201 Chestnut Street, in Wilmington, during normal library hours, through December 19, 1983. Additionally, the Special Regi strars and Judges of Election may register voters by appointment, through December 19, 1983. Information concerning the names and addresses of the Special Registrars and Judges may be obtained from the New Hanover County Board of Elections at the office set forth above. The last day of registration for the special election shall be December 19, 1983. t---.. 435 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) PUBLIC HEARING - BOND ORDER AUTHORIZING THE ISSUANCE OF $11,500,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER (CONTINUED) I Any qualified voter who (1) expects to be absent from the County during the entire period that the polls are open on sa ide 1 e c t ion day, 0 r (2) be c a use 0 f sic k n e s s 0 rot her ph Y sic a 1 disabili ty. w ill be unable to be present at the polls to vote in person on said day, or (3) is incarcerated and otherwise entitled to vote in said election or (4) is an employee of the County Board of Elections and his assigned duties on the day of election will cause him to be unable to vote in person, may apply for an absentee ballot to be used in voting at said election. Information concerning the time and manner for applying for a absentee ballot; including the last day for making such application, can be obtained from the County Board of Elections at the Board's office in Wilmington, North Carolina. By order of the Board of Commissioners of the County of New Hanover. Lucie F. Smith Clerk, Board of Commissioners County of New Hanover, North Carolina Said notice of special election shall be published at least twice. The first publication shall be not less than 14 days and the second publication not less than 7 days before the last day on which voters may register for the special election. I (3) The New Hanover County Board of Elections is hereby requested to print and distribute the necessary ballots and to provide the equipment for the holding of said election and to conduct and to supervise said election. (4) The Clerk to the Board of Commissioners shall mail or deliver a certified copy of this resolution to the New Hanover County Board of Elections within three days after the resolution is adopted. Commissioner Blake seconded the motion and the motion was UNANIMOUSLY ADOPTED. PUBLIC HEARING TO CONSIDER CLOSING PORTIONS OF AVERY DRIVE LOCATED IN THE MAGNOLIA HEIGHTS SUBDIVISION Planning Director Hayes gave background information on closing portions of Avery Drive, stating that this notice had been advertised in the newspaper for four weeks and that the effected property owners had signed the petition. Chairman Gottovi asked if anyone present wished to speak in favor of the road closing. No one commented. Chairman Gottovi asked if anyone present wished to speak in opposition to the road closing. No one commented. I After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to approve the Order closing portions of Avery Drive. Upon vote, the MOTION CARRIED UNANIMOUSLY. 2. A copy of the Order is contained in Exhibit Book XI, Page PUBLIC HEARING TO CONSIDER I~SUANCE OF A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 1.7 ACRES, LOCATED ON THE SOUTH SIDE OF PORTER'S NECK ROAD (SR 1414), DIRECTLY EAST OF TIBY'S CREEK FOR A DUPLEX IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the request for a Special Use Permit to build a separate dwelling unit attached to an existing residential structure stating the property is zoned R-20 Residential and the proposed addition will be designed and built with separate entrances, considered to be 436 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PROPERTyJlAPPROXIMATELY 1.'7 ACRES, LOCATED ON THE SOUTH SIDE OF PORTER'S NECK ROAD (SR 1414), DIRECTLY EAST OF TIBY'S CREEK FOR A DUPLEX IN AN 1-20 RESIDENTIAL DISTRICT (CONTINUED) a duplex by the Bui Iding "Inspection Department requiring a Special Use Permit. He stated that all requirements of the Zoning Ordinance are satisf ie-d as shown on the applicant's site plan. Chairman Gottovi asked the petitioner and any other persons present who wished to give testimony in favor of the issuance of the Special Use Permit to step forward to be duly sworn in. The following persons were sworn in: 'f. -"" Mr. M. V. Somersett, the petitioner Mr. W. G. Johnson Mr. R. C. Marlow Mr. Somersett, the Petitioner, stated his only reason for adding the addition to his home was to provide a place for his mother to live. Mr. W. G. Johnson and Mr. R. C. Marlow stated they were adjacent property owners and did not object to the addition to Mr. Somerset's home. Chairman Gottovi asked if anyone present wished to speak in opposi'tlion rto"the issuance of the permi t to step forward to be duly sworn in. The following persons were sworn in: Mr. Eddie Lewis Mr. Robin Spuhler Mr. David Bowers Mr. Eddie Lewis, a contractor for this subdivision, stated he had built over 18 homes in this area and explained that restrictions for this property provided for single family dwellings and requested that the restrictions be changed. He stated he did not object to the addition to Mr. Somersett's home but that it was in conflict with t:he,Jiestrictions. Mr. Spuhler and Mr. Bowers stated their concern for future development of duplexes increasing the density of this property if the Special Use Per"mi t is issued. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to accept the building plan presented by Mr. Somersett limiting the si ze and location of the addition approving the Special Use Permit as follows. Upon vote, the MOTION CARRIED UNANIMOUSLY. ORDER GRANTING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having held a Public Hearing on November 7, 1983, to consider application number S-214 11/83 submitted by M. V. Somersett, a request for a Special Use Permit to use the property located at the souths ide of Porter's Neck Road, east of Tiby's Creek for a Duplex in an R- 20 Residential District, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-00 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 'I r" 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 "- 437 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 1.7 ACRES, LOCATED ON THE SOUTH SIDE OF PORTER'S NECK ROAD (SR 1414), DIRECTLY EAST OF TIBY'S CREEK FOR A DUPLEX IN AN R-20 RESIDENTIAL DISTRICT (CONTINUED) developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I 1. Health Department approval was granted 10/21/83 for connection to existing well and septic tank. 2. Ogden Fire Department serves the property. 3. Adequate ingress and egress is provided to the pro- perty and sufficient parking is available to the rear of the existing residential structure. 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 fol~owing FINDINGS OF FACT: 1. All lot area and setback requirements of the R-20 Residential District are satisfied as shown on the site plan. 2. All requirements of Section 71-1 of the Zoning Ordinance for Special,Use Permits are satisfied. 3. Duplexes are a permitted Special Use in the R-20 Residential District. I 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. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1. Surrounding property is mostly wooded and vacant and the proposed use is well screened from view by existing trees. 2. A second dwelling unit added to a single-family residence should not adversely impact adjoining property owners. 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: 1. The property is classified as rural on the County's Land Use Plan. 2. Duplexes generally are in conformity with rural areas. I 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 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 438 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR DUPLEX IN RESIDENTIAL DISTRICT (CONTINUED) beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other (1) Building plan as attached to the site plan shall limit the size and location of the addition. ...." 1'- I BREAK Chairman Gottovi recesse~ the m~eting for a break from 8:03 o'clock P.M. to 8:23 o'clock P.M. PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 1.74 ACRES, LOCATED ON THE SOUTH SIDE OF MACRAE AVENUE, BETWEEN DICK AVENUE (SR 1418) AND WRIGHTSVILLE AVENUE FROM A B-1 DISTRICT TO AN R-15 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the rezoning request explaining this rezoning is a request of a larger rezoning petition whic~"re4~ested changing the entire existing B-1 District (located along Eastwood and Wrightsville Avenue) to a B-2 Highway Business District stating that the Planning Board denied this petition and approved Staff's recommendation to rezone this property to R-15 Residential. Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning request. No one commented. Chairman Gottovi asked if anyone present wished to speak in opposi tion to the rezoning request. The following person commented: Mr. Robert Bland After discussion, Commissioner Commissioner O'Neal to approve recommended by the Planning Board to R-15 Residential District.' Upon UNANIMOUSLY. Barfield MOVED, SECONDED by the rezoning request as rezone this property back to vote, the MOTION CARRIED A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 2 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED DECEMBER 15, 1969" is contained in Zoning Ordinance Book I, Page 2. PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, DISTRICT REGULATIONS~ SECTION 52.5-2 BY ADDING A NEW SUBSECTION (12) TO ESTABLISH A MINIMUM SETBACK AND BUFFER AREA FOR ATTACHED RESIDENTIAL PERFORMANCE DEVELOPMENT LOCATED ALONG PUBLIC ESTUARINE SHORELINES Planning Director Hayes gave background information on the Zoning Ordinance Text Amendment concerning a 75 foot setback and 30% buffer area for attached residential performance development located along public estuarine shorelines. He stated that after careful study and several Public Hearings, the Planning Board recommended approval of the proposed text amendment. Planning Director Hayes stated that due to concern about the effects of changing elevation and the limits of tidal influence along the County's shorelines and creeks, the Board originally encouraged establishing peformance standards as an alternative form of regulat~on. However, given the difficulty in developing performance standards for estuarine and ecological processes, the board recognized the ,vallJ~~ and need for establishing minimum building standards for multifamily development located near public waters and recommended approval of the Text Amendment based on the understanding that an appeal process would be available in situations where there might be a hardship due to site conditions where enforcement of the regulation is unclear and where determining public estuarine waters can not be I'-... 439 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, DISTRICT REGULATIONS, SECTION 52.5-2 BY ADDING A NEW SUBSECTION (12) TO ESTABLISH A MINIMUM SETBACK AND BUFFER AREA FOR ATTACHED RESIDENTIAL PERFORMANCE DEVELOPMENT LOCATED ALONG PUBLIC ESTUARINE SHORELINES (CONTINUED) adequately defined. I Planner David Weaver explained the reasoning for the 75 foot setback. Commissioner O'Shields expressed his concern for the method of establishing the 75 foot setback and requested more information be provided in developing performance standards stating the establishment of so many feet does not solve the problem of the runoff. Chairman Gottovi reminded the Board that at the present time the County does not have any setback for multifamily dewellings. Chairman Gottovi asked if anyone present wished to speak in favor of the Zoning Ordinance Text Amendment. The following person commented: Mr. M. H. Vaughan Chairman Gottovi asked if anyone present wished to speak in opposition to the Zoning Ordinance Text Amendment. The following persons commented: . . Mr. Jay DeChesere Mr. John Mobley I After further discussion, it was the consensus of the Board to continue this Public Hearing until November 21, 1983, requesting the Planning Staff to provide additional information on the 75 foot setback and the performance standards for drainage. BREAK Chairman Gottovi recessed the meeting for a break from 9:25 o'clock P.M. to 9:40 o'clock P.M. PUBLIC HEARING TO CONSIDER ZONING AND SUBDIVISION ORDINANCE TEXT AMENDMENTS TO SECTIONS 69.1, 69.3, AND 51.2, OPEN SPACE PROVISIONS AND REQUIREMENTS FOR HOMEOWNER'S ASSOCIATION AS WELL AS SECTION 3.4 AND THE APPENDIX OF THE SUBDIVISION ORDINANCE Planning Director Hayes gave background information on the Text Amendments stating these amendments involved the responsibilities and ownership of the open space in high density performance residential properties stating that the Planning Board recommended approval with the word "Creed" being inserted after "Race" in the proposed amendment to Section 69.1(2), Access to Open Space. Chairman Gottovi asked Off anyone present wished to speak in favor of the Text Amendments. No one commented. I Chairman Gottovi asked if anyone present wished to speak in opposition to the Text Amendments. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner O'Shields to approve the Text Amendments. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969, and a copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED FEBRUARY 17, 1969, is contained in Exhibit Book XI, Page 3. 440 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) ADOPTION OF HURRICANE PROTECTION PLAN Planning Director Hayes gave background information on the Hurricane Protection Plan prepared by the Planning Department emphasizing that this study represents an initial segment of a two-year, comprehensive, County-wide planning effort that has been funded by a grant from the North Carolina Office of Coastal Management under the Coastal Management Act. Planner David Weaver explained that the plan addresses the following areas: 1. The types, severity, and probability of hurricane impacts. 2. The most vulnerable barrier island areas. 3. The physical characteristics of Masonboro Island, the most vulnerable of the County's Barrier Islands. 4. policies and procedures available to the County Commissioners to reduce the vulnerability of these areas. Planner Weaver stated that the plan recommended permitting the County Planning Staff to proceed with the preparation of a new Conservation Zoning District, paying particular attention to the vulnerable barrier islands; permitting the County Planning Staff to proceed with preparation of amendments to the Subdivision Ordinance concerning the need for permanent, land based access, adequate evacuation planning, and other measures for new subdivisions; and the extension of the moratorium enacted in Section 5-56 of the New Hanover County Code allowing the Planning Department to perform the work requested. Chairman Gottovi asked if Public Hearings would be held if the County's Land Use Plan is changed suggesting the holding of Public Hearings and the necessary procedures to be followed. Planning Director Hayes suggested adoption of the in the Hurricane Protection Plan allowing the Planning to proceed with amendments to the County's Land scheduling Public Hearings as necessary. Resolution Department Use Plan, After discussion, Chairman Gottovi MOVED, SECONDED by Commissioner O'Neal to adopt the resolution approving the Hurricane Protection Plan authorizing the Planning Department to develop a new Conservation Zoning District with the necessary amendments to the County's Land Use Plan and Subdivision Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolut~pn is contained in Exhibit Book XI, Page 3. After further discussion, it was the consensus of the Board not to extend the moratorium enacted in Section 5-56 of the New Hanover County Code at the present time. The Commissioners complimented the Planning Staff on the preparation of an excellent Hurricane Protection Plan for New Hanover County. ADOPTION OF NEW HANOVER COUNTY DISASTER RELIEF AND ASSISTANCE PLAN Col. Benjamin M. Washburn, Coordinator of Civil Preparedness Agency, gave background information on the New Hanover County Disaster Relief and Assistance Plan stating that the State had asked all counties to prepare a similar plan explaining that the County Attorney had examined the plan as to legal form. Col. Washburn requested approval of the plan explaining that the other municipalities within the County will be asked for approval. County Attorney Pope suggested a change in the wording of Section 2-47, Page A-8, recommending addition of the following verbiage at the end of the paragraph: ~ 441 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) ADOPTION OF NEW HANOVER COUNTY DISASTER RELIEF AND ASSISTANCE PLAN (CONTINUED) "thereunder and any such violation shall constitute a misdemeanor and shall be punishable pursuant to the provisions of N.C.G.S. 14-4." I After discussion, Commissioner Blake MOVED, SECONDED by Chairman Gottovi to approve the plan with the change in wording recommended by County Attorney Pope. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Plan is on file in the Clerk's Office. Commissioner Blake complimented Col. Washburn on the preparation of an excellent plan and expressed appreciation for the effort and time involved. DISCUSSION OF HILLSDALE/DIXON ACRES ROAD PAVING Commissioner Barfield gave background information on the paving of roads in Hillsdale/Dixon Acres explaining the property owners participation plan requesting authorization by the Commissioners for proceeding with this plan under the guidance of the County Attorney as to legal involvements. Commissioner O'Shields requested the final figures on the cost of the job and the amount of money to be funded by the County. He also stressed the importance of avoiding the County Attorney from becoming the legal advocate for a group of homeowners in a subdivision. I County Attorney Pope stated that the proposed plan would involve a property assessment stating that other problems had to be solved' before proceeding with the plan explaining that 75% of the property owners involved must participate and represent at least 75% of linear feet. After further discussion, Chairman Gottovi MOVED, SECONDED by Commissioner Blake to authorize the County Attorney to proceed with implementation of this plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF 2% OCCUPANCY TAX County Manager Cooper explained that certain types of questions would be arising as to the types of accommodations taxable under the 2% occupancy tax requesting the Commissioners to authorize the County Manager, after consulting with the County Attorney, to make the necessary decisions with reference to levying the tax with notification to the Board and an appeals process before the County Commissioners for any dissatisfied parties. Mr. Boyd Knapp, owner of Carolina Beach KOA Campground, expressed his concern for campgrounds b~ing exempt from the the state imposed 3% sales tax but not being exempt from the 2% occupancy tax. I Ms. Cheryl A. Raff, owner of Safari Campground, expressed her concern for not being exempt from the 2% occupancy tax requesting the Commissioners to obtain an opinion from the State Attorney General's off ice wi th reference to levying the tax on campgrounds. She also expressed her concern for several of the campgrounds not being notified of the levying of tax while those notified were collecting the tax with the others not collecting the tax. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to authorize the County Manager to levy the 2% occupancy tax with any appeals coming before the Commissioners. The Commissioners requested the County Attorney to obtain an opinion from the Attorney General reporting his findings back to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. 442 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS APPOINTMENT OF MR. FRED WELLS AND MR. JOHN POOLE TO THE NC 2000 ADVISORY AD HOC COMMITTEE Commissioner O'Shields MOVED, SECONED to appoint Mr. Fred Wells and Mr. John Wrightsville Beach, to serve three-year Advisory Ad Hoc Committee. Upon vote, UNANIMOUSLY. by Commissioner Blake Poo Ie, representing terms on the NC 2000 the MOTION CARRIED DISCUSSION - PACE MAGAZINE - SPECIAL SUPPLEMENT ON WILMINGTON AND NEW HANOVER COUNTY Chairman Gottovi stated that Pace Magazine is going to publish a special supplement on Wilmington and New Hanover County in their March/April issue. She stated they are soliciting advertisements for this cost" .' and 'reql)€sted " Mr. Cooper to see if it is feasible to advertise our Airport Industrial Park in this issue. After discussion, it was the consensus of the Board to have the County Manager check into the feasibility of placing an advertisement of the Airport Industrial Park in Pace Magazine since it is a highly distributed magazine to business persons throughout the eastern United States. DISCUSSION OF DESIGNATION OF FEDERAL HOLIDAY IN HONOR OF MARTIN LUTHER KING, JR. Chairman Gottovi stated she had received a letter from Dr. James B. MacRae, Chairman of the New Hanover Human Relations Commission, requesting the third Monday of each January a Federal Holiday in honor of Martin Luther King, Jr. be adopted by the Commissioners. After discussion, it was the consensus of the Board to allow the State to decide whether a state holiday will be designated in honor of Martin Luther King, Jr. with the County making its decision at that time. The Chairman was requested to write a letter to Dr. MacRae explaining the decision of the Board. COMMISSIONER BARFIELD EXCUSED FROM MEETING Commissioner Barfield was excused from the meeting due to being ill. APPROVAL OF BUDGET AMENDMENT FOR NEW HANOVER COUNTY SCHOOLS County Manager Cooper requested approval of a Budget Amendment prepared by the New Hanover County Board of Education to be forwarded to the State for salaries in the amount of $13,975,889. Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve the amendment as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Blake Commissioner O'Neal Commissioner O'Shields Chairman Gottovi Absent: Commissioner Barfield APPROVAL OF PERSONNEL VACANCIES IN TAX DEPARTMENT County Manager Cooper requested approval of promoting Jim Bethune to the vacant position of Appraisal Supervisor and changing Virginia Cumber's status from temporary to permanent as an Appraiser 1. Commissioner Blake MOVED, SECO~DED by Commissioner O'Neal to fill the vacant positions as requested. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Blake Commissioner O'Neal Commissioner O'Shields t'-... ;: 443 MINUTES OF REGULAR MEETING, NOVEMBER 7, 1983 (CONTINUED) APPROVAL OF PERSONNEL VACANCIES IN TAX DEPARTMENT (CONTINUED) Chairman Gottovi Absent: Commissioner Barfield I EXECUTIVE SESSION Commissioner O'Neal MOVED, SECONDED by Commissioner O'Shields to recess the meeting to Executive 'Sessdorl_> to discuss a personnel matter. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Blake Commissioner O'Neal Commissioner O'Shields Chairman Gottovi Absent: Commissioner Barfield Chairman Gottovi recessed the meeting to Executive Session at 11:05 o'clock P.M. Commissioner O'Shields MOVED, SECONDED by Chairman Gottovi to reconvene the meeting to Public Session at 11:21 o'clock P.M. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Blake Commissioner O'Neal Commissioner O'Shields Chairman Gottovi Absent: Commissioner Barfield I ADJOURNMENT Commi ssioner 0' Shields MOVED, SECONDED by Commis sioner O'Neal to adjourn the meeting. Upon vote the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Blake Commissioner O'Neal Commissioner O'Shields Chairman Gottovi Absent: Commissioner Barfield Chairman Gottovi adjourned the meeting at 11:25 o'clock P.M. n?p~c7~ted. ~ F. Smith, Clerk I