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1984-07-02 Regular Meeting 606 MINUTES OF SPECIAL MEETING, JUNE 25, 1984 (CONTINUED) ADJOURNMENT Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to adjourn the meeting: Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi adjourned the meetng at 11:00 o'clock A.M. ~e pectful?~ ~bmitted, '~~~ L ie F. Smith Clerk MINUTES OF REGULAR MEETING, JULY 2, 1984 ASSEMBLY ~ The New Hanover County Board of Commissioners met in Regular Session on Monday, July 2, 1984, at 7:00 o'clock P.M. in the Assembly Room, New Hanover County 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 Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Smith. Commissioner O'Shields gave the invocation. APPROVAL OF MINUTES OF REGULAR MEETING, JUNE 4, 1984, AND CONTINUED MEETING OF JUNE 6, 1984 Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve the minutes of the Regular Meeting, June 4, 1984, and Continued Meeting of June 6, 1984, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF FAA LEASE CONTRACT - TOWER AT NEW HANOVER COUNTY AIRPORT County Attorney Pope stated the Federal Government had agreed to build a new tower at the New Hanover County Airport and that in the process of their bidding procedures, which they are currently conducting, it was necessary to request the Commissioners to execute a lease in order to proceed with the project. He stated Mr. Melvin Mitchell, from the FAA Office of Atlanta, was present to answer any questions. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to authorize the Chairman to execute the lease as requested by FAA. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the lease is on file in the County Manager's office. NON-AGENDA ITEMS - GENERAL PUBLIC Chairman Gottovi asked if any member of the general public wished to address the Commissioners on any item listed on the Consent' Agenda or any subject not listed on the Regular Agenda. No one commented. ~ 607 MINUTES OF REGULAR MEETING, JULY 2, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve the following Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY. Consent Agenda I Annual Certification of Firemen The Commissioners authorized the Chairman to execute the Annual Certification of Firemen to the N. C. Firemen's Pension Fund for the following volunteer fire departments: Ogden Volunteer Fire Department New Hanover County Airport, Crash Fire Rescue Copies of the Certification Rosters are contained in Exhibit Book XI, Page 41. Approval of Resolution for Addition of Road to State Secondary Road System The Commissioners approved a resolution for the addition of the following road to the N. C. State Secondary Road System: Horne Place Drive (Extension) (Division File No. 5l0-N) A copy of the Resolution is contained in Exhibit Book XI, Page 41. I Approval of Request for Destruction of Records - Governing Body The Commissioners approved a request for destruction of records in the Governing Body Office consisting of notes, memorandums, departmental correspondence and program material. A copy of the request is on file in the Clerk's office. Acceptance of Juvenile Justice and Delinquency Prevention Grant Award The Commissioners approved acceptance of a grant award in the amount of $54,003 as per the recommendation of the Community Based Alternatives Task Force for CBA and JJDP funding for five agencies for the Fiscal Year 1984/85. A copy of the Grant Award is on file in the County Manager's office. Approval of Position in Health Education Risk Reduction Program New Hanover County Health Department I The Commissioners approved a position in the Health Education Risk Reduction program to employ Dot Dixon as requested by Health Director, Robert S. Parker. Approval of Speech and Hearing Clinic Proposal - New Hanover County Health Department The Commissioners approved the Speech and Hearing Clinic proposal requested by the Health Department accepting a $17,379 grant to establish speech and hearing services through the New Hanover County Health Department to serve a five-county area as reflected in the following Budget Amendment. This will require one full time Clerk Typist III position: 608 MINUTES OF REGULAR MEETING, JULY 2, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Speech and Hearing Clinic Proposal (Continued) Debit - #11 3516 380, Revenue - Speech & Hearing Grant Credit-#ll 5173 100, Salaries & Wages 11 5173 210, FICA 11 5173 221, Retirement 11 5173 230, Group Insurance 11 5173 326, Professional Services 11 5173 381, Telephone 11 5173 382, Postage 11 5173 421, Departmental Supplies Approval of Resolution for Sale of Surplus Property $17,379 $ 4,774 336 399 720 9,700 100 150 1,200 The Commissioners approved a resolution authorizing the Chairman to accept offers to purchase parcels of property for the sum of $3,875 representing an ad valorem tax value as of 1983 totaling $ 7,740 for properties located at 120 St. James Alley, 914 Queen Street, 804 North 7th Street, and 801 South 5th Street. A copy of the resolution is contained in Exhibit Book XI, Page 42. Encroachment Agreements - New Hanover County and Carolina Power and Light Company The Commissioners authorized the Chairman to encroachment agreements between New Hanover County and Power & Light Company allowing the County to place pipes portion of their existing right-of-way. execute Carolina inside a Copies of the agreements are on file in the County Manager's office. Approval of Change Order G~28 - Judicial Building - Engineering Department The Commissioners authorized the Chairman to execute Change Order G-28 in the amount of $7,144.20 for repair of old plaster in the Annex with approval of the following Budget Amendment: Debit - #48 9800 911, Contingencies Credit - #48 4708 621, General Contractor $7,144 $7,144 Approval of Request for Destruction of Records - County Manager's Office The Commissioners approved the request for destruction of records as requested by the County Manager's office. A copy of the request is on file in the Clerk's office. Designation of Finance Officer To Assume Duties of County Manager During Any Absences The Commissioners designated the Finance Officer, Andy Atkinson, to assume the duties of County Manager during any absences. Approval of Contract Between New Hanover County and Department of Justice Police Information Network The Commissioners authorized the County Manager to execute an Agreement between New Hanover County and the Department of Justice Police Information Network in the amount of $3,000 ($250 per month) for usage of the statewide Justice Police Information Network. A copy of the agreement is on file in the County Manager's office. i'-. 609 MINUTES OF REGULAR MEETING, JULY 2, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Change Order No. 2 - Courthouse Renovation I The Commissioners authorized the Chairman to execute Change Order No. 2 in the amount of $7,682 for painting, chimney repair, and vent repair. PRESENTATION OF PLAQUE TO ASSISTANT COUNTY MANAGER, GARY CANNON Chairman Gottovi, on behalf of the Board, presented a plaque to Assistant County Manager, Gary Cannon, in recognition and appreciation for his excellent quality of work as Assistant County Manager for the past eight years wishing him success and happiness in his new position as City Manager for Camden, South Carolina. PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of County Commissioners of New Hanover County on Monday, July 2, 1984, at 7:00 o'clock P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: I PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 2.1 ACRES LOCATED ON THE NORTHSIDE OF WRIGHTSVILLE AVENUE, DIRECTLY EAST OF SUMMER REST ROAD (SR 1417) AND WEST OF THE WRIGHTSVILLE BEACH BRIDGE FOR A COMMERCIAL MARINA IN A B-1 BUSINESS DISTRICT. THIS ITEM HAS BEEN CONTINUED FROM THE MEETINGS OF MAY 7, JUNE 4, AND JUNE 18, 1984, PENDING THE REVISION OF THE SITE PLAN Planning Director Hayes gave background information on the request stating a new site plan had been submitted which did not require approval of the Department of Transportation. Planning Director Hayes showed slides describing the property involved with the revised site plan. Chairman Gottovi asked any persons present wishing to give testimony in favor or opposition to the issuance of the Special Use Permit to step forward to be duly sworn in. The following persons were sworn: Ms. Mary Mobley Mr. John Mobley Mr. Lance Smith Mr. Rick Shepard Mr. Wyatt Blanchard I Mr. John Mobley, the petitioner, presented pictures and maps marked Exhibits 1-7 as evidence of the revised site plan explaining the purpose for his request was to construct 22 boat slips for owners of his Office Condominiums, not a Commercial Marina, as required by the Zoning Ordinance. He stated he did not see how the construction of the boat slips would decrease the property of adjoining property owners and presented testimony to me"!;. the four general requirements for issuance of the permit. He also stated he was willing to eliminate the last two boat slips in order to kee~the dock from interfering with power lines requesting issuance of the permit from the Board. Chairman Gottovi asked Mr. Mobley if he had any problem with comments made by the Planning Department with reference to the issuance of the Special Use Permit. Mr. Mobley stated he had no problem with the comments stating there was no danger of driving a piling into the Force Main. 610 MINUTES OF REGULAR MEETING, JULY 2, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT - SUMMER REST ROAD (CONTINUED) Commissioner O'Shields questioned Mr. Wyatt Blanchard, County Engineer, with reference to a letter from Wrightsville Beach to Mr. Jack Munn on June 5, 1984, referring to the terms and conditions of CAMA Permit issued by Mr. Blanchard indicating the location of sewer line. Mr. Blanchard stated the County did not issue CAMA permits informing the Board these permits were issued by the State not the County. Mr. Bill Raney, Attorney for the opposition, requested an opportunity to cross-examine the petitioner later in the hearing and objected to consideration by the Board for exhibits presented by Mr. Mobley due to improper authentication. Mr. Mobley stated the pictures were submitted only for illustration to show the use of the area. After discussion with the County Attorney establishing the fact that the pictures were taken by Mary Mobley on Friday, June 1, 1984, and that the purpose of the pictures was for illustration, it was the consensus of the Board to accept the exhibits as presented. Attorney Raney still objected to the authenticity of the exhibits and proceeded to cross-examine Mr. Mobley with reference to obtaining a permit for a driveway from the Department of Transportation. Commissioner O'Shields asked why the questioning by Attorney Raney when a new site proposal had been submitted which did not require approval by DOT. Attorney Raney continued to question Mr. Mobley with reference to hi: request for approval of a driveway permit by DOT asking if the State hal indicated that the only alternative available was for the State to acquirl the property and to pay market value to Mr. Mobley. After objections b: Commissioners Blake and O'Shields as to the relevance of this line 0 questioning due to the modification of the site plan, Attorney Rane: discontinued the line of questioning. Attorney Raney questioned Mr. Mobley about the proposed plan submitted asking him where he intended to put the spoil dredging. Mr. Mobley explained he would have to dispose of 26 truck loads of dirt out of which 16 would be placed on the Babies Hospital site and 10 loads would be placed on the walkway using a silt fence composed of burlap to avoid dirt from seeping into the the marsh area. Attorney Raney questioned Mr. Mobley about the parking sites on the proposed plan. Mr. Mobley presented a map showing the parking sites would be within 200 feet of Summer Rest Road and approximately 300 feet from the beginning of the pier to Summer Rest Road. Attorney Raney stated he had completed his cross-examination of the petitioner. BREAK Chairman Gottovi recessed the meeting for a break from 8:20 o'clock P.M. to 8:32 o'clock P.M. t'-.. 611 ~ MINUTES OF REGULAR MEETING, JULY 2, 1984 (CONTINUED) I PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT - SUMMER REST ROAD (CONTINUED) , Attorney Raney asked Mr. Lance Smith, a property owner on Summer Rest Road, to step forward. Mr. Smith presented pictures as Objector's Exhibits 9-16 and testified to the amount of traffic that would be created by the construction of this boat slip on Summer Rest Road and the devaluation to his property and other property owners. Commissioner 0' Shields commented on the proposed plan meeting the four general requirements giving an explanation of each. Chairman Gottovi commented on the proposed request not meeting General Requirement No. 2 and General Requirement No.1. Commiss ioner 0 'Neal concurred with Chairman Gottovi' s opinion that the request did not meet the safety and hazard requirement or buffer requirement and that construction of this facility would create congestion in the water and on Summer Rest Road. Commissioner Barfield expressed his concern for pilings being too close to the sewer force main and requested a condition be placed on the permit if issued ensuring safety of the main. Commissioner O'Shields pointed out this permit was just one of several permits that would have to be obtained in order to build the dock such as qualifying for a CAMA permit. I After a lengthy discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve issuance of the Special Use Permit based on the Findings of Fact meeting the Four General Requirements to locate the proposed marina facility with (1) a reduction ~n the number of boat slips from 23 to 21; (2) the floating dock being setback 30 feet as measured from the Pierhead Line; (3) the restriction that no piling be located closer than 20 feet from the force main; and (4) the buffering and lighting requirements of Section 72-31 of the Zoning Ordinance be satisfied. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Blake Commissioner O'Shields Voting Noe: Commissioner O'Neal Chairman Gottovi Attorney Raney asked whether the Board of Commissioners considered the navigation issue or whether they deferred to other regulatory agencies in making this decision. Chairman Gottovi stated she considered the navigation issue. I Commissioner O'Shields stated he considered the use meeting the four requirements and that the entire board considered the navigation issue. A transcript of the motion and Findings of Fact are con- tained in Exhibit Book XI, Page 42. All exhibits of the petitioner and objector are on file in the Clerk's office. COMMITTEE APPOINTMENTS APPOINTMENT OF DAVID W. CARNELL TO SERVE ON THE MUSEUM BOARD OF TRUSTEES Commissioner Barfield MOVED, SECONDED by Chairman Gottovi to appoint Mr. David W. Carnell to serve a three-year term on the Museum Board of Trustees expiring June 30, 1987. Upon vote, the MOTION CARRIED UNANIMOUSLY. 612 MINUTES OF REGULAR MEETING, JULY 2, 1984 (CONTINUED) REAPPOINTMENT OF SKY CONKLIN TO DARE BOARD OF DIRECTORS Chairman Gottovi MOVED, SECONDED by Commissioner O'Neal to reappoint Mr. Sky Conklin to serve on the Dare Board of Directors. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF HENRY E. MILLER, JR., TO SERVE ON THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY Commissioner Barfield MOVED, SECONDED by Commissioner Blake to appoint Mr. Henry E. Miller, Jr., to fill an unexpired term on the New Hanover County Industrial Facilities and Pollution Control Financing Authority expiring February 22, 1985. Upon vote, the MOTION CARRIED UNANIMOUSLY. REAPPOINTMENT OF MAURICE WESTER AND JAMES WHITTED TO NEW HANOVER COUNTY PLANNING COMMISSION Commissioner Blake MOVED, SECONDED by Commissioner Barfield to reappoint Mr. Maurice Wester and Mr. James Whitted to serve three-year terms on the New Hanover County Planning Commission expiring July 31, 1987. APPOINTMENT OF MS. CYNTHIA C. BAILEY TO SERVE ON THE COUNCIL ON THE STATUS OF WOMEN Commissioner Barfield MOVED, SECONDED by Chairman Gottovi to appoint Ms. Cynthia C. Bailey to serve on the Council on the Status of Women to fill the vacancy that was not accepted by Ms. Constance Langtry, for a one-year term expiring July 1, 1985. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS CHAIRMAN AUTHORIZED TO WRITE LETTER OF APPRECIATION TO SENATOR BOB JORDAN FOR SUPPORT IN OBTAINING FUNDS FOR MASONBORO ISLAND ESTUARINE SANCTUARY After discussion, it was the consensus of the Board to authorize the Chairman to write a letter of appreciation to Senator Bob Jordan for his support and work in obtaining funds from the interim budget to start the Masonboro Island Estuarine Sanctuary. REPORT BY COMMISSIONER O'NEAL ON THE LONG RANGE PLANNING COMMITTEE OF NEW HANOVER MEMORIAL HOSPITAL Commissioner O'Neal gave a report on the Long Range Planning Committee of New Hanover Memorial Hospital. He gave background information on the development of a long range plan prepared by this committee which has not yet been presented to the full board of the hospital. Commissioner O'Neal stated the proposal placed ownership of the hospital, land and facilities in a self- perpetuating ll-member nonprof i t holding company with the functions of the present Board of Trustees being restricted to internal matters of the hospital only. County Attorney Pope gave background information on pending legislation in the General Assembly relating to disposal of hospital property to a "for profit" corp6ration. After discussion, it was the consensus of the Board to hold a Work Session with the Hospital Board of Trustees to discuss the Long Range Planning committee's proposal when ready for presentation. commissioner Blake expressed his appreciation to Commissioner O'Neal for his informative reports updating the Board on this important issue. i'-. 613 MINUTES OF REGULAR MEETING, JULY 2, 1984 (CONTINUED) I INVITATION BY JOHN RANDT - WWAY-TV - SERIES ON CITY/COUNTY CONSOLIDATION Chairman Gottovi announced that an invitation had been extended to the Commissioners to view a film on July 6, 1984, at 11:00 A.M. on City/County Consolidation of Columbus, Georgia, narrated by John Randt to be shown on WWAY-TV in a four-part series. After discussion, due to the Commissioners being out-of-town on this date, it was the consensus of the Board to invite Mr. Randt to present this film at the regularly scheduled meeting of July 16, 1984. ANNOUNCEMENT OF ANNUAL LEGISLATIVE SESSION OF PORT, WATERWAY AND BEACH COMMISSION - WASHINGTON, D. C. Chairman Gottovi announced the Port, Waterway and Beach Commission will be holding its annual legislative session on July 31 and August 1, 1984, requesting the Chairman to attend. Chairman Gottovi stated she would not be able to attend. Commissioners Barfield and 0' Shields expressed a desire to attend. CERTIFICATION OF WRIGHTSBORO VOLUNTEER FIRE DEPARTMENT Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to authorize the Chairman, to sign the Certification of Wrightsboro Volunteer Fire Department the N. C. Retirement System. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of the Certification Roster is contained in Exhibit Book XI, Page 41. ADDITIONAL ITEMS - COUNTY MANAGER DISCUSSION OF SIX PARCELS OF LAND IN WILMINGTON BEACH FOR PURPOSE OF PROVIDING PUBLIC BEACH ACCESS County Manager Cooper gave background information on the acquisition of six parcels of land in Wilmington Beach for the purpose of providing public beach access stating some encroachment rights had been violated requesting authorization to write a letter of certification to adjacent property owners. Chairman Gottovi MOVED, SECONDED by Commissioner O'Neal for a letter of certification to be written to adjacent property owners notifying them that New Hanover County intends to develop and improve this property as public beach access requesting the removal of any and all encroachments, if any, within the rights- of-way of these streets. Upon vote, the MOTION CARRIED UNANIMOUSLY. I DISCUSSION OF HOLDING ROOM AND AUTOMATIC DOORS - NEW HANOVER COUNTY AIRPORT County Manager Cooper stated he had met with Mr. Ketchum of Piedmont Airlines with reference to the crowdedness of the Holding Room on early flights and installation of automatic doors stating Piedmont was willing to participate in the funding of these projects. County Manager Cooper stated he had received an estimate of $22,644, half of which the State would fund with the County funding the remaining $11,322 stating the Airport Commission requested approval of the Commissioners for installation of the doors. After discussion, Commissioner O'Shields MOVED, Commissioner Blake to approve installation of the County funding in the amount of $11,322. Upon vote, CARRIED UNANIMOUSLY. SECONDED by doors with the MOTION ....