1975-10-06 Regular Meeting
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MINUTES OF SPECIAL MEETING, SEPTEMBER 29, 1975 (CONTINUED)
AUTHORIZATION TO PROCEED WITH SALE OF HOSPITAL BONDS (CONTINUED)
Comm. Wright stated that she was going to vote for the motion because the public
voted for the bond issue, but she was unhappy with the whole situation in that the
hospital had raised their rates twice since the bond issue and she felt that the
room rates would have to be increased more later to finish what they didn't antici-
pate in their original plan. She stated that she felt the public had been sold a
"bill of goods".
AUTHORIZATION FOR CHAIRMAN TO SIGN BOND FOR COLLECTOR OF REVENUE, JANIE B. STRAUGHN
. County Manager Eller reported that County Attorney, Jim Fox, had approved the
form of the bond for the Collector ,of Revenue, Janie B. Straughn.
Comm. Wright moved, seconded by Comm. Alper, that the Chairman be authorized to
sign the bond for Mrs. Straughn. Upon vote, motion carried unanimously.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shi.elds, that the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Davis adjourned the meeting at 1:20 o'clock p. m.
Respectfully submitted,
~:!-C- A. &.~~'-
(Mrs.) Alyce B. Brown
Clerk to the Board
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MINUTES OF REGULAR MEETING, OCTOBER 6, 1975
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
.october 6, 1975, at 11:00 o'clock a. m. in the Asse~)ly Room, County Commission
Building, Wilmington, North Carolina.
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; County Attorney, James C. Fox and Clerk to thl~ Board, Alyce B. Brown. No
members were absent.
Chm. Davis called the meeting to order.
APPROVAL OF MINUTES: SPECIAL MEETING, SEPTEMBER 8, 1975
Comm. Wright moved the minutes of the Special Meeting of September 8, 1975, be
approved as presented.
on Page 266
Comm. O'Shields requested that the comment be inserted/under "Request to file
Suit Against Cole-Layer-Trumble" that it was brought out in the meeting that the
C)mmissioners had been cautioned by the County Attorney that it was impossible to
sue for damages until the work was completed and the damages assessed. The County
Attorney was not present at that meeting and there was no amount stipulated in the
request for suit.
Comm. Wright agreed to amend her motion to include Comm. O'Shields comment be
inserted in the Minutes of September 8, 1975, secondod by Chm. Davis, that the minutes
of the Special Meeting of September 8, 1975, be approved as corrected. Upon vote,
. =tio:,:~r::g:~::U:::~ed for the record that she had said at the tme that she
was not concerned with damages so much as she was in letting the people in the
community know that the Commissioners were looking after their interest.
Chm. Davis requested that the record show that all five Commissioners felt like
they had the interest of the community in mind.
APPROVAL OF MINUTES, REGULAR MEETING SEPTEMBER 15, 1975
Comm. Wright moved, seconded by Chm. Davis, that: the
Meeting of September 15, 1975, be approved as present:ed.
unanimously.
minutes of the Regular
Upon vote, motion carried
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MINUTES OF REGULAR MEETING, OCTOBER 6, 1975 (CONTINUED)
APPROVAL OF MINUTES: SPECIAL MEETING, SEPTEMBER 22, 197~~
Comm. wright moved, seconded by Chm. Davis, that the minutes of the Special Meeting
of September 22, 1975, be approved as presented. Upon vqte, motion carried unanimously.
APPROVAL TO ASSIST RESIDENTS OF HILLSDALE SUBDIVISION ON ROAD PETITION
Mr. Edward Sloan of 502 Wesley Drive, appeared beforE, the Board to request assistance
in getting the roads in Hillsdale Subdivision paved.
County Manager Eller and County Attorney Fox reported that the Legislature just
this past session had passed a law providing for the COill!ty to assist residents by
advancing funds for paving streets, upon petition of the required number of residents.
The County would then recoup its funds by assessing the property owners.
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Chm. Davis moved, seconded by Comm. Alper, that the County assist the residents
of Hillsdale Subdivision in drawing up the necessary petition in a manner that would
be acceptable to the State. Upon vote, motion carried unanimously.
APPROVAL OF LEASE AGREEMENT WITH SOUTHEASTERN MENTAL HEALTH CENTER.
County Manager Eller reported that the Commissioners had been furnished copies of
the Lease as prepared by County Attorney Fox. He suggest:ed that the term of the Lease
be changed to begin on January 1, 1976, as it will be at,least January 1 before they
can occupy the building.
Comm. Taylor moved, seconded by Comm. O'Shields, to accept the Lease Agreement as
recommended by the County Manager. Upon vote, motion carried unanimously.
APPROVAL OF CHANGE ORDER FOR MENTAL HEALTH CENTER
Comm. O'Shields moved, seconded by Comm. Alper, approval of Change Order #G-3 in
the amount of $l949. to provide for fire-rated ceiling tiles ($1921) and price dif-
ference on electric range ($28) for the Southeastern Ment:al Health Center Construction.
This Change Order also included a 40-day extension of tllle to allow for delays caused
by changes in ceiling work and glass work. Upon vote, mqtion carried unanimously.
APPROVAL OF LEAA GRANT - REGIONAL TRAINI.NG - SHERIFF'S m:PARTMENT
Chm. Davis moved, seconded by Comm. Alper, approval of the continuation of
existing LEAA Grant for Regional Training for the Sheriff's Department. Upon vote,
motion carried unanimously.
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PUBLIC HEARING
Notice had been published in the Wilmington Morning ~;tar on September 20 and
September 27, 1975, that the Commissioners would hold a public hearing at 11:30 o'clock
a. m. with regard to application for a Special Use permi 1:, proposed Amendment to the
Zoning Ordinance, and appeal from the recommendation of t:hePlanning Commission.
Chm. Davis opened the Public Hearing to discussion.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY AT
5809 OLEANDER DRIVE FOR STORAGE FACILITY AND A MACHINE SHOP INCLUDING THE ASSEMBLY OF
PREFABRICATED MATERIALS IN ZONING AREA #6.
Planning Director, Richard A. Fender, appeared befOrE! the Board and stated that
the Planning Commission had considered this application for Special Use Permit at its
meeting on September 3, 1975, and the Planning Commission and Planning Staff both
recommended its approval in accordance with the plans submitted with the Application.
Chm. Davis asked if there was anyone present to speill~ 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 1:he 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 adjotning or abutting property
or the use was a public necessity; and (d) that the local:ion 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, Chm. Davis moved, 'seconded by Comm. Alper,
that this Special Use Permit be issued based on the plans as submitted with the
application for Special Use Permit. Upon vote, motion carried unanimously.
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MINUTES OF REGULAR MEETING, OCTOBER 6, 1975 (CONTINUiW)
PUBLIC HEARING TO CONSIDER THE FOLLOWING PROPOSED ~~NDMENTS TO THE NEW HANOVER
COUNTY ZONING ORDINANCE.
Planning Director, Richard A. Fender, appeared before the Board and explained
the purpose of this proposed Amendment to the New Hanover County Zoning Ordinance
was to more clearly define the terms. Junk Yard, Automobile Graveyard and Scrap
Processor which had heretofore been lumped into one qeneral definition and also
to clarify the restrictions placed on these uses. He stated that the Planning
Commission had considered these Amendments at its meeting on September 3, 1975,
and recommended approval of the proposed Amendments and that the Planning Staff
. concurred in this approva~.,
Section 1. That the Zoning Ordinance of the County of New Hanover adopted
October 6, 1969, as amended, be, and the same is hereby further amended as follows:
1. Amend Article II, Section 23-15 to read as follows:
23-15 Junk Yard - An establishment or place of business maintained,
operated, or used for storing, keeping, buying, or selling of junk.
The term junk shall be defined as old or scrap copper, brass, rope,
rags, batteries, paper, trash, rubber, or junked, dismantled or
wrecked automobile,s, or parts thereof. iron, steel, and other old
or scrap ferrous or non-ferrous material.
2. Amend Article II, Section 23 by adding the following:
23-51 Automobile Graveyard - An establishment or place of business main-
tained, used, or operated principally for storing, keeping, buying
or selling of wrecked, scrapped, ruined or dismantled motor vehicles
or motor vehicle parts.
3.
Amend Article II, Section 23 by adding the following:
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23-52 Scrap Processor - An establishment or place of business from a fixed
location utilizing machinery and equipment for processing and manu-
facturing iron, steel, or non-ferrous metallic scrap iron into pre-
pared grades and whose principal product is scrap iron, scrap steel,
or non-ferrous metallic scrap for sale for remelting purposes.
4.
Amend Article V, Section 57-3 by adding the following:
(7) Scrap Processor.
5. Amend Article VII, Section 72-10 to read as follows:
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72-10 Junk Yard, Automobile Graveyard and Scrap Processor - A Junk Yard,
Automobile Graveyard or a Scrap Processor may be permitted in the
1-2 District subject to the requirements of the District and pro-
vided that:
(1) All junk yards shall abide by the Junk Yard Control Act (1967,
C.l198, s.l) as specified in Article 12, Section l36-14l through
l36-l55 of the General Statutes of North Carolina and subsequent
amendments or revisions thereof;
(2) The minimum front yard shall be as specified in Article 12,
Sections 136-141 through 136-155 of the General Statutes of
North Carolina'and in no case shall the front yard be less
than one hundred (lOO) feet from the nearest edge of any street
right-of-way;
(3) All open storage shall be screened, by the use of natural objects,
plantings, fences, or other appropciate means so as not to be
visible from streets and/or adjacent properties; and
(4) No junk yard, automobile graveyard or scrap processor shall be
established within five hundred (500) feet of any existing
residentially zoned or developed area.
Section 2. Any ordinance or:part of any ordinance in conflict with this ordinance
to the extent of such conflict, is hereby repealed.
Section 3. This ordinance 1S adopted in the inb~rest of public health, safety,
morals and general welfare of the inhabitants of the County of New Hanover, North
Carolina, and shall be in full force and effect from and after its adoption.
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MINUTES OF REGULAR MEETING, OCTOBER 6, 1975 (CONTINUED)
PUBLIC HEARING TO CONSIDER THE FOLLOWING PROPOSED AMEND/1ENTS TO THE NEW HANOVER COUNTY
ZONING ORDINANCE (CONTINUED)
Chm. Davis moved, seconded by Comm. O'Shields, that Comm. Alper be allowed to
abstain from voting in this matter. Upon vote, motion carried unanimously.
Comm. Taylor moved, seconded by Comm. O'Shields, to accept the recommenation of
the Planning Commission and Planning Staff to accept the proposed Amendments to the
New Hanover County Zoning Ordinance. Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
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Abstaining: Comm. Alper
PUBLIC HEARING TO HEAR AN APPEAL FROM THE PLANNING COMMISSION RECOMMENDATION ON A
SPECIAL USE PERMIT TO USE PROPERTY ON THE WEST SIDE OF ~rHE INTRACOASTAL WATERWAY BE-
TWEEN TRAILS END ROAD AND WHISKEY CREEK FOR A MARINA IN'THE MASONBORO ZONING AREA.
Comm. Wright moved, seconded by Comm. Alper, to con1:inue this hearing as requested
by the parties involved and as recommended by Planning Director, Richard A. Fender,
until the first meeting in November. Upon vote, motion carried unanimously.
Comm. O'Shields moved, seconded by Comm. Alper, thai: the Public Hearing be
closed. Upon vote, motion carried unanimously.
Chm. Davis closed the Public Hearing to discussion.
ADOPTION OF REDRAFTED ELECTRICAL CODE FOR NEW HANOVER COUNTY
Mr. Robert W. Ludwig, Chief Electrical Inspector for the County, and Mr. Robert M.
Williams, County Engineer, appeared before the Board to present a proposed redrafted
Electrical Code for New Hanover County. Mr. Ludwig sta1:ed that the only changes in
the proposed Electrical Code that were not already in effect under the present code
were: 1) a joint board between City and County for licensing journeymen electricians;
2) adoption of #2 through #6 of the seven local options given by the N. C. State
Building Code Council; and 3) approval of the fee schedule by the County Commissioners.
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Mr. Joe Rogers, Mr. Cox and Mr. John Dooley, local appliance servicemen, appeared
before the Board to speak ,in opposition to the adoption of the Electrical Code.
Comm. O'Shields moved, seconded by Chm. Davis, to adopt the Electrical Code as
proposed. Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Alper and Wright
APPROVAL OF OUTSIDE EMPLOYMENT FOR COUNTY FINANCE OFFICI:R
Comm. O'Shields moved, seconded by Comm. Alper, approval of Felix Cooper's
teaching a Local Government Accounting Course at Cape FE!ar Tech from November 13 to
December 17, 1975. Upon vote, motion carried unanimously.
APPROVAL OF BUDGET AMENDMENT - HEALTH DEPARTMENT
Comm. O'Shields moved, seconded by Comm. Alper, that, the following budget amendment
be approved in the Health Department Budget in order to ,properly account for the funds
for the Hypertension Screening Program. Upon vote, motion carried unanimously.
Revenue, Acct. #44 368 l2, State Grant - Hypertension Screening
$l7,726.00
Expenditures:
Acct. #44 595 02, Salaries & Wages
Acct. #44 595 04, Professional Services
Acct. #55 595 05, Social Security
Acct. #44 595 06, Group Insurance
Acct. #44 595 07, Retirement
Acct. #44 595 11, Postage
Acct. #44 595 14, Travel
Acct. #44 595 33, Supplies & Materials
$l2,249.00
l,365.00
71 7.00
324.00
821. 00
300.00
900.00
1,050.00
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TOTAL
$17, 72 6.00
APPROVAL OF TIME FOR REGULAR MEETINGS FOR THE MONTHS OF NOVEMBER & DECEMBER
Comm. Wright moved, seconded by Chm. Davis, that the Board continue meeting at
11:00 o'clock a. m. for its regularly scheduled meetings through the months of
November and December rather than the usual 9:00 a. m. upon vote, motion carried
~ unanimously. '
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MINUTES OF REGULAR MEETING, OCTOBER 6, 1975 (CONTINUED)
TABLING OF HILL-BURTON ,GRANT RES0LUTION
Corom. Alper moved, seconded,by Corom. O'Shields, that the Resolution for the Hill-
Burton Grant be tabled until the,'next meeting for the County Manager to determine
whether or not the amount stipulated as cost in the Resolution should include the
bank loan. Upon vote, motion carried unanimously.
REPORr ON LEAA GRANT FOR LAW ENFORCEMENT CENTER
County Manager Eller reported to the Board thai: the County had received $191,252
of the $200,000 LEAA Grant for the Jail/Law Enforcement Center.
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EXECUTIVE SESSION
Corom. Wright moved, seconded by Comm. O'ShieldEl, that the meeting be recessed
to Executive Session. Upon vote, motion carried uncmimously.
ChID. Davis recessed the meeting to Executive Session at 12:40 o'clock p. m.
ChIn. Davis reconvened the m~eting to Public Session at 12:50 o'clock p. m.
ENERGY CONSERVATION WEEK
Corom. O'Shields moved, seconded by Corom. Wright" that the week of November 2
through November 8, 1975, be designated as Energy Conservation Week. Upon vote,
motion carried unanimously.
ADJOURNMENT
Corom. Alper moved, seconded by Corom. O'Shields, that the meeting be adjourned.
Upon vote, motion carried unanimously.
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ChIn. Davis adjourned the meeting at 12:55 o'clock p. m.
Respectfully submitted,
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(Mrs.) Alyce B. Brown
Clerk to the Board
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MINUTES OF SPECIAL MEETING, OCTOBER l3, 1975
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Monday,
October l3, 1975, at 12:00 o'clock noon, in the Assenilily Room, County Commission
Building, Wilmington, North Carolina. (The meeting \olaS scheduled to begin at 11: 00
o'clock a. m. but was delayed 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 H. Davis; County Manager, Dan W.
Eller; County Attorney, James C. Fox and Clerk to thE! Board, Alyce B. Brown. No
members were absent.
ChIn. Davis called the meeting to order.
ENDORSEMENT OF EFFORTS OF KURE BEACH TO HAVE PROPERTY RELEASED FROM BUFFER ZONE
Mayor C. R. Smith and Attorney, A. A. Canoutas appeared before the Board on
.behalf of the Town of Kure Beach, to request assistance in getting l65 lots released
from a buffer zone established by the Federal Government approximately 20 years ago.
It was felt that these lots were not needed for the ~uffer zone, and if they could
be released, the Town could expand, thus bringing in more tax revenue for the Town
of Kure Beach and for New Hanover county.
Corom. Taylor moved, seconded by Corom. Wright, that the County endorse the efforts
of Kure Beach in getting this property released from the buffer zone and authorize
the County Manager to attend meetings of Kure Beach officials with Federal Government
representatives. Upon vote, motion carried unanimously.
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