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1975-07-21 Regular Meeting . . t1', ~f; 23~ ~, < MINUTES OF SPECIAL MEETING, JULY 14, 1975 ASSEMBLY The New Hanover Board of County Commissioners'met in special session on Monday, July 14, 1975, at 12:30 p.m. in the Assembly Room, County Commission Building, Wilmington, North Carolina to meet with Y..r. Gardner Gidley to discuss the Comprehensive Recreation Plan for Wilmington and New Hanover County. (The meeting was scheduled for 11:00 a.m. but was postpcned due to the length of the meeting of the Board of Equalization and Review.) Members present were Commissioners George E. Alper; Claud O'Shields, Jr.; William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. No members were absent. Chm. Davis called the meeting to order. DISCUSSION WITH GARDNER GIDLEY RE RECREATION PLAN (For addition, see Page 240.) Mr. Gardner Gidley of Gardner Gidley & Associates met with the Commissioners to discuss the Comprehensive Recreation Plan for Wilmington and New Hanover County, which he had been commissioned to prepare. He requested that the Commis- sioners consider setting some goals for the plan to be developed. Chm. Davis requested that Mr. Gidley return in five to six weeks to update the Commissioners on his progress and receive any new input from them. APPROVAL OF LEAA CONTRACT - NEW HANOVER JUVENILE UNIT Upon motion by Corom. O'Shields, seconded by Corom. Alper, the LEAA Subgrant Award Contract #14-092-175-11, New Hanover County Juvenile Unit, was unanimously approved and the Chairman was authorized to execute the contract on behalf of the County. APPROVAL OF CONTRACT FOR HOUSING FEDERAL OFFENDERS County Mgr. Eller presented the contract for housing federal offenders in the New Hanover County Jail. The Commissioners, at their meeting of June 16, 1975, had voted to increase the fee from $4 to $8.50; however, County Mgr. Eller reported that 50~ of the proposed increase had been rejected by the Bureau of Prisons. Upon motion by Corom. Alper, seconded by Comm. O'Shields, the contract for housing federal offenders in the New Hanover County Jail was unanimously approved as prepared at $8 per person per day, and the ChaiDnan was authorized to execute the contract on behalf of the County. ADJOURNMENT Comm. Alper moved, seconded by Comm. Taylor, t:lat the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Davis adjourned the meeting at 1:00 o'clock p.m. Respectfully submitted, '3"u\~~' .\ (Mrs.) Lise K. King U Clerk to the Board k MINUTES OF REGULAR MEETING, JULY 21, 1975 . ASSEMBLY The New Hanover Board of County Commissioners filet in regular session on Monday, July 21, 1975, at 11:00 o'clock a.m. in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners George E. Alper; Claud O'Shields, Jr.; Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. Commissioner William C. Taylor was absent. Chm. Davis called the meeting to order. Comm. O'Shie1ds offered the invocation. .~ (240 MINUTES OF REGULAR MEETING, JULY 2l, 1975 (CONTINUED) APPROVAL OF MINUTES: Comm. O'Shields meeting held on July as follows: REGULAR MEETING, JULY 7, 1975 moved, seconded by Comm. Alper, that the minutes of the regular 7, 1975, be approved as presented. Upon vote, motion carried Voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis. Absent: Corom. Taylor. '~ / APPROVAL OF MINUTES: SPECIAL MEETING, JULY 14, 1975 Corom. Wright requested that'on Page 239 under "Discussion with Gardner Gidley Re Recreation Plan" her comments be included in the record which were as follows: that she felt the Board was wasting its money because they had a professional planning staff in the County that was well paid and coul? do the work; that to appoint a citizens advisory group would be getting ahead of themselves because the County did not have any money in the budget for anything of the nature that might be brought up in the report; that, with regard to arts and crafts, she would not be willing to support the County's getting into this field in that she did not feel the County needed this with so many different groups already functi?ning in that area; that she was afraid a grand scheme would be developed that would sit on the shelf and gather dust; that what the County really needed and what they could reasonably expect to afford within the next few years was to develop the park on N. C. Hwy. 132, to do something to Hugh MacRae Park; to finish the Blair~Noble School Park, and perhaps complete the two other school sites. Comm. O'Shields moved, seconded by Corom. Alper, that the minutes of the special meeting held on July 14, 1975, be approved as amended. ?pon vote, motion carried as follows: voting Aye: Comm. Alper, O'Shields, Wright, and Cron. Davis. Absent: Comm. Taylor. APPROVAL OF BUDGET HEARINGS Comm. Wright requested that on Page 3 of the June 19, 1975, Budget Hearing under "Approval of Several Requests Under contributions -- Other Agencies, Account #ll 660 92" that, with regard to the appropriation for L<}cal Military units, the record show that she was not voting against the reduction in this appropriation but against the whole appropriation. ('\1 /1 Corom. Wright requested that on Page 1 of the June 2~;, 1975, Budget Hearing under "Approval of Sheriff's Department Budget," the record show that the Local unit had been zeroed out completely. (For correction, see Page 247.) Comm. Wright requested that on Page 1 of the June 26, 1975, Budget Hearing under "Reduction in Elections Budget" that, since the Board had not taken action at the time to reduce the Elections Budget by $7,500, th~y do so. Comm. Wright moved, seconded by Comm. Alper, that the Board approve a reduction in the Elections Budget of $7,500 from Professional Services. Upon vote, motion 'carried as follows: Voting Aye: Comm. Alper, o'Shields, Wright, and Chm. Davis. Absent: Comm. Taylor. Comm. O'Shields moved, seconded by Corom. Alper, that the minutes of the Budget Hearings be approved as amended. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis. f\, / Absent: Comm. Taylor. The minutes of the Budget Hearings are contained in Exhibit Book III, Page 16. \ ~ 241~ ~ MINUTES OF REGULAR MEETING, JULY 21, 1975 (CONTINUED)' RESOLUTION APPROVING CONTFACT FOR ELECTRICAL SERVICE - ADMINISTRATION BUILDING The Chairman presented to the Board for consideration and action a contract with Carolina Power & Light Company for electrical sE,rvice, which contract is dated July 21, 1975, and provides for the beginning of service on the 9th day of June, 1975, and ending on the 9th day of June, 1985, to which contract is attached the Company's schedule of rates and rules and regulations covering such service. .' Comm. George E. Alper, a Member of the Board, introduced the following resolution and moved that it be adopted: RESOLVED, that the Chairman and Clerk of the Board of Commissioners be and they are hereby authorized and empowered, in the naml~ of and for and in behalf of the County of New Hanover to execute said electrical contract with Carolina Power & Light Company. The motion to adopt the foregoing resolution wa:3 seconded by Comm. Vivian S. Wright, a Member of the Board, and, after discussion, the resolu- tion was duly adopted, there being four votes in favor thereof and 0 votes against it. (Comm. Taylor absent.) CERTIFICATION OF ROSTERS FEDERAL POINT, SOUTH WILMINGTON, AND WRIGHTSBORO VOLUNTEER FIRE DEPARTMENTS Chm. Davis moved, seconded by Comm. Alper, that the rosters of active firemen in the Federal Point, South Wilmington, and Wrightsb:>ro Volunteer Fire Departments be certified to the North Carolina Firemen's Pension' Fund and that the Chairman be authorized to sign the certification forms. Upon vote, motion carried as follows: voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis. Absent: Comm. Taylor. . BUDGET AMENDMENT - HEALTH DEPARTMENT Comm. Alper moved, seconded by Comm. Wright, that the following budget amend- ments be approved in order to permit the Health Department to take advantage of a grant for the expansion of the Dental Health Program, which would require no addi- tional County funds. Upon vote, motion carried as follows: voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis. Absent: Comm. Taylor. Increase Revenue Account #44 361 l4, Dental Project $6,901 Increase the following expenditure accounts. Salaries and Wages, Expenditure Account #44 590 02 FICA, Expenditure Account #44 590 05 Retirement, Expenditure Account #44 590 0: $6,125 358 418 $6,901 ADMINISTRATION BUILDING APPROVAL OF ARCHITECTS' PROPOSAL FOR RENOVATION OF FIRST FLOOR County Mgr. Eller presented a proposal from Herbert P. McKim of Ballard, McKim & Sawyer, Architects, to do the necessary design work for the first floor of the Administration Building for the County Commh:sion Meeting Room and the Tax Office. County Mgr. Eller recommended that the Commissioners authorize retaining the firm of Ballard, McKim & Sawyer for this purpoSE!. . Chm. Davis moved, seconded by Comm. O'Shields, that the proposal presented by Ballard, McKim & Sawyer be approved as recommended by County Mgr. Eller, which was to be on an hourly basis with a maximum cost of $3,500. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, and Chm. Davis. Voting Noe: Comm. Wright. Absent: Comm. Taylor. ,--,---~ ;i42 MINUTES OF REGULAR MEETING, JULY 21, 1975 (CONTINUED) ADMINISTRATION BUILDING APPROVAL OF ARCHITECTS' PROPOSAL FOR'RENOVATION OF FIRST FLOOR (CONTINUED) Comm. Wright stated that she was voting "noe" becau,se no other architectural firms had been considered for this project. County Mgr. Eller's letter outlining the "scope of services" and Mr. Herbert P. McKim's proposal are contained in Exhibit Book III, Page 17. APPROVAL OF LEAA CONTRACT - CRIME PREVENTION OFFICER Comm. O'Shields moved, seconded by Comm. Alper, that the LEAA Contract #l4-094-l75-ll, Crime Prevention Officer, be approved and man be authorized to execute the contract on behalf of the County. carried as follows: f: I Subgrant Award that the Chair- Upon vote, motion il I --.J Voting Aye: Comm. Alper, O'Shields, Wright, and Cru~. Davis. Absent: Comm. Taylor. REPORT FROM COLLECTOR OF REVENUE , , Comm. Wright moved, seconded by Comm. Alper, that the report from Janie B. Straughn, Collector of Revenue, for collections~through June 30, 1975, be accepted. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis. Absent: Comm. Taylor. This report is contained in Exhibit Book III, Page 18. APPOINTMENT OF COUNTY MGR. ELLER TO SEDC Chm. Davis moved, seconded by Comm. O'Shields, that County Mgr. Eller be reappointed to the Southeastern Economic Development Co~nission for a four-year term to expire July 3l, 1979. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Wright, and Cron. Davis. ~\ / cl Absent: Comm. Taylor. PRESENTATION OF PART I - 20l FACILITIES PLAN County Mgr. Eller presented Part I of the 201 Facilities Plan, which he stated would be placed on the August 4, 1975, agenda for approval. I PUBLIC HEARING The Clerk to the Board reported to the Board of Commissioners that notice had been published in the Wilmington Morning Star on July 5 and July 12, 1975, of a public hearing to be held on Monday, July 2l, 1975, at 11:30 o'clock a.m. with regard to the following rezoning request, applications for special use permit, proposed amend- ments to the County Zoning Ordinance, and appeal from th~ recommendation of the Plan- ning Commission for a special use permit. Chm. Davis opened the public hearing to discussion. PUBLIC HEARING TO CONSIDER A RE'QUEST TO REZONE PROPI:RTY LOCATED ON THE SOUTH SIDE OF MARKET STREET EXTENSION (u.sl. HWY. 17) APPROXlMA,]~ELY 1100 FEET N. E. OF SPARTAN ROAD FROM R-l5 (RESIDENTIAL DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA #6. Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of July 2, 1975, and had recommended that this request be approved. He stated that the Planning St:aff had no major objections to this rezoning request although they had recommended that it be rezoned to a depth of 300 feet but saw no real problems to its being rezoned to a depth of 400 feet. I ~ / Chm. Davis asked if there were anyone present to spe,ak for or against this rezoning request, and no one appeared to speak in this regard. \ ~~ . . . v '~l '24~ '1 ~, MINUTES OF REGULAR MEETING, JULY 2l, 1975 (CONTINUED) PUBLIC HEARING (CONTINUED) ~ Comm. Alper moved, seconded by Comm. Wright, that this rezoning request be approved and that the ordinance 'entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoni~g Area #6 of New Hanover County, North Carolina, Adopted August 18, 1971" be adopted. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis. Absent: Comm. Taylor. The ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section 6, Page 13. PUBLIC HEARING TO CONSIDER 'AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY AT 110 LONGSTHEET DRIVE FOR A CONVENIENCE FOOD STORE WITH THE SALE OF GASOLINE IN ZONING AREA #9B. Planning Director Richard A. Fender stated that the Planning Commission had considered this request. at their meeting of July 2, 1975, and had recommended that this special use permit be issued based on the foll::>wing conditions. 1) Plan as submitted with the application for special use permit. 2) That all conditions as specified in Section 72-4 of the New Hanover County Zoning Ordinance are met. Planning Director Richard A. Fender st.ated that the Planning Staff had no serious objections to the issuance of this special use permit except that the inclusion of the sale of gasoline would intensify the use beyond what it currently was and that this may have a tendency to encourage other commercial uses in the area. Chm. Davis asked if there were anyone present to speak for or against this special use permit, and no one appeared before the Board in this regard. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved~ (b) that the use met all required conditions and specifications~ (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity~ and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be locaf:ed and in general conformity with the plan of development for New Hanover County" Chm. Davis moved, seconded by Comm. O'Shields, that this special use permit be iSBued based on the following conditions. l) Plan as submitted with the application for special use permit and modified by the New Hanover Board of Countl' Commissioners at their meeting of July 21, 1975. 2) That the sale of gasoline not be permitted in this location. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, and Chm. Davis. Voting Noe: Comm. Wright. Absent: Conun. Taylor. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR P. SPECIAL USE PERMIT TO USE PROPERTY AT 5313 WRIGHTSVILLE AVENUE FOR A GROUP CAFE HOME IN ZONING AREA #9B. Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of July 2, 1975, and had recommended that this special use permit be issued based on the plan as submitted with the application for special use permit. He stated that the necessary expansion of the sewage facilities had not been approved by the Health Department. ~ /~ (244 MINUTES OF REGULAR MEETING, JULY 2l, 1975 (CONTINUED) PUBLIC HEARING (CONTINUED) Mr. Douglas A. Fox, Attorney at Law, appeared before the Board representing the Petitioner. Mr. F. L. Meier, Jr., appeared before the Board, also, to speak in favor of the issuance of this special use permit. Chm. Davis asked if there were anyone present to oppose the issuance of this special use permit, and no one spoke in opposition. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required condition~ and specifications; (c) that the use would not substantially injure the value'of adjoining or abutting property or the use was a public necessity; and (d) that 1:he location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm: Wright moved, seconded by Comm. Alper, that this special use permit be issued ba~ed on the following con- ditions. \ ' ~ 1) Plan as submitted with the application for special use permit. 2) Prior to any expansion of the existing facility, 'that the sewage disposal system be approved by the New Hanover County Health Department. Upon vote, motion carried as follows: voting Aye: Corom. Alper, O'Shields, Wright, and Chm~ Davis. Absent: Comm. Taylor. PUBLIC HEARING TO CONSIDER THE FOLLOWING PROPOSED ~~NDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE. 1. Amend Article II, Section 23, by adding the fol19wing: ~ 23-50 Private Swimming Pools - Any structure, basin, chamber or tank containing an artifical body of wate~ and its associated equipment located on private Pfoperty under the control of the householder; the use of which shall be limited to swimming, bathing, or other~aquatic acti- vities by members of the householder's fill~ily and/or their invited guests. A private swimming pool and its associated equipment shall conform to all: applicable building and health standards. 2. Amend Article V, Section 51-2, to read as follow:=;: (8) Swimming pools, private, provided: (a) All dimensional requirements are met for the R-20 district. 3. Amend Article V, Section 52-2, to read as follow:=;: (8) Swimming pools, private, provided: (a) All dimensional requirements are met for the R-l5 district. 4. Amend Article V, Section 53-2, to read as follow:=;: r; (8) Swimming pools, private, provided: (a) All dimensional requirements are met for the R-lO district. ChIn. Davis moved, seconded by Comm. Alper, that these amendments to the ,New Hanover County Zoning Ordinance be approved. Upon vOl:e, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, and Chm. Davis.. Voting Noe: Comm. Wright. Absent: Comm. Taylor. \ ...., '-....... I . . I. 241 MINUTES OF REGULAR MEETING, JULY 2l, 1975 (CONTINUED) PUBLIC HEARING (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE: RECOMMENDATION OF THE PLANNING COMMISSION FOR A SPECIAL USE PERMIT TO USE PROPEE~Y AT THE N. W. CORNER OF WRIGHTSVILLE AVENUE AND WALLACE AVENUE FOR A FAMILY CARE HOME IN ZONING AREA #9B. Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of July 2, 1975, and had recommended that it be denied. He stated that there had been considerable opposition at the meeting of the Planning Commission from area residents apparently due to some misunderstanding on their part that this would be for a Nursing Home; but that, if the residents withdrew their objections, the Planning Staff had no objections to the issuance of this special use permit. Mr. H. C. Wallace appeared before the Board and presented a letter dated July 15, 1975, signed by Kenneth R. Guy certifying that he represented the property owners who had objected to the issuance of this special use permit and that their objections were being withdrawn due to the fact that this was for a Family Care Home and not a Nursing Home. Chm. Davis asked if there were anyone present opposed to the issuance of this special use permit, and no one spoke in opposition. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required c~nditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the arm in which it was to be loc.:ited and in general conformity with the plan of development for New Hanover County, Comm. Alper moved, seconded by Comm. O'Shields, that this special use permit De issued based on the plan as sub- mitted with the application for special use permit. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis. Absent: Comm. Taylor. Chm. Davis closed the public hearing to discuGsion. EXECUTIVE SESSION Chm. Davis moved, seconded by Comm. O'Shields, that the meeting be recessed to executive session to discuss personnel. Upon ,rote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Wright, Clnd Chm. Davis. Absent: Comm. Taylor. Chm. Davis recessed the meeting to executive Hession at 12:20 o'clock p.m. Chm. Davis reconvened the meeting at 12:40 o'clock p.m. ADJOURNMENT Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Wright, a.nd Chm. Davis. \ Absent: Comm. Taylor. Chm. Davis adjourned the meeting at 12:40 o'clock p.m. Respectfully submitted, ~ ~'t! --:YPn J (Mrs.) Lise K. King Clerk to the Board k ,.......