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1976-04-05 Regular Meeting / ( ",,, (1;\ MINUTES OF REGULAR MEETING, APRIL 5, 1976 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 5, 1976, at 9:00 o'clock a. m. in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners George E. Alper; (::laud 0' 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 the Board, Alyce B. BrQwn. No members were absent. Rev. Horace L. Jackson of Sunset Park Baptist Church offered the invocation. '1 Chm. Davis called the meeting to order. APPROVAL OF MINUTES: REGULAR MEETING, MARCH 15, 1976 Comm. Wright stated that on Page 79 under "Reports on Citizens Participation in New Hanover County Planning program" the last sentence stating that "It was the con- census of the majority of the people present...." should be reworded to read "It was the concensus of the majority of the people speaking on the subject that the program had been beneficial and should be continued." Comm. Alper moved, seconded by Comm. 0' Shields, that: the Minutes of the Regular Meeting of March 15, 1976, be approved as corrected. Upor.. vote, the motion carried unanimously. APPROVAL OF AIRPORT LEASE WITH AIRPORT CATERING Mr. W. Eugene Edwards, Chairman of the Airport Commission, appeared before the Board to request approval of a Lease of Airport Property to Terminal Soda Shops, Inc. d/b/a Airport catering. He stated, that the proposed lea~:e had been duly advertised according to the General Statutes. He also stated that 1:he rental on the property would be $150 per month plus 5% of all gross receipts, which were estimated to be approximately $60,000 to $80,000 annually, for a term of 5 years. Comm.. Alper moved, seconded by Comm. O'Shields, approval of the Lease with Terminal Soda Shops, Inc., d/b/a Airport catering, according to the terms and conditions stated in the Lease. Upon vote, the motion carried unanimously.. A copy of this Lease is on file in the County Manaqer's Office. 1)1 .._J APPROVAL OF AIRPORT LEASE WITH AIR WILMINGTON, INC. Mr. W.' Eugene Edwards, Chairman of the Airport Commission, appeared before the Board to request approval of a Lease of Airport Property to Air Wilmington, Inc. He stated that the proposed lease had been duly advertised according to the General statutes and that the rental on the property would be $5?1.21 per month plus 5% of all gross receipts in exceSs of $11,024.20. He also stated that the term of the Lease would be 5 years. ' Comm. Alper moved, seconded by Comm. O'Shields, to ~pprove the Lease to Air Wilmington, Inc. as recommended by the Airport Commission and according to the terms and conditions of the Lease. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis voting Noe: Comm. Wright (See Page ZOO for additi,?n) WITHDRAWAL OF REQUEST TO REZONE PROPERTY LOCATED JUST EAST AND WEST OF THE INTERSECTION OF MIDDLE SOUND ROAD AND MARKET STREET (U.S.HWY. 17) FRCM R-l5 TO B-2 IN ZONING AREA #8B. Mr. Alton Y. Lennon, Attorney for the petitioner, appeared before the Board to re- quest that this rezoning application be withdrawn. Comm. O'Shields moved, seconded by Comm. Wright, that the rezoning be withdrawn as requested by the petitioner. Upon vote, the motion carried unanimously. 7)1 /-...'~ PUBLIC HEARING Notice had been published in the Star-News Newspape:rs on March 20 and 27, 1976, that a Public Hearing would be held by the Board of COTImlissioners of New Hanover County on Monday, April 5, 1976, at 9:30 A. H. in the New Hanover County Commission Building, 14 North Third Street, Wilmington, North Carolina to consider the following: ~ ~, .., "5' :; ii Ii '} l.J . MINUTES OF REGULAR MEETING, APRIL: 5, 1976 (CONTINUED I REZONING PROPERTY LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD (U. S. HWY. 421) APPROXIMATELY 1,900 FEET SOUTH OF 'MYRTLE GROVE JUNCTION FROM R-15 (RESIDENTIAL DIS- TRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA #4. Planning Director, Richard A.. Fender, appeared before the Board and stated that the Planning Commission had considered this request at its meeting on March 3, 1976, and recommended approval with a modification to the original request. The Planning Staff had recommended denial of the original request and the modified request as they felt that the entire area had been m:Lszoned. Chm. Davis asked if there was anyone present to speak for or against this ,.rezoning and no one appeared before the Board on thiB matter. Corom. Wright moved, seconded by Comm. Alper, that the rezoning be approved as outlined by the Planning Commission and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #4 of New Hanover County, North Carolina adopted April 7, 1971" be adopted. Upon vote, the motion carried unanimously. The Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section #4, Page 14. REZONING PROPERTY LOCATED ON THE WEST SIDE OF CAROLINA BEACH ROAD (U. S. HWY. 421) APPROXIMATELY 500 FEET SOUTH OF ANTIONE'ITE DRIVE FROa R-15 (RESIDENTIAL DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA #4. Planning Director, Richard A. Fender, appeared before the Board and stated that the Planning Commission had considered this request at its meeting on March 3, 1976, and recommended approval as petitioned. The Planninq Staff had recommended denial of the petition. Chm. Davis asked if there was anyone present to speak for or against this rezoning and no one appeared before the Board on this matter. Mr. Fender presented to the Board a letter from Grove Park, Inc., adjacent property owners, stating that they had no objections to the rezoning. . Comm. Alper moved, seconded by Comm. Wright, that the rezoning be approved as recommended by the Planning Commission and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #4 of New Hanover County, North Carolina adopted April 7, 1971" be adopted. Upon vote, the motion carried unanimously. The Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section 4, Page 15. REZONING PROPERTY LOCATED ON THE WEST SIDE OF OAKLEY LOOP ROAD APPROXIMATELY 300 FEET SOUTH OF THE INTERSECTION OF OAKLEY LOOP ROAD AND OAKLEY ROAD FROM R-20 (RESIDENTIAL DISTRICT) TO R-15 (RESIDENTIAL DISTRICT) IN ZONING AI~A #10. Planning Director, Richard A. Fender, appeared before the Board and stated that the Planning Commission had considered this rezoning at its meeting of March 3, 1976, and recommended approval. He reported that the Planning Staff had recoromended denial of the rezoning. Chm. Davis asked if there was anyone present to speak for or against this rezoning and no one appeared in this regard. Chm. Davis moved, seconded by Comm. Alper, that the rezoning be approved and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #lOA of New Hanover County, North Carolina adopted July 1, 1975" be adopted. Upon vote, the motion carried unanimously. . The Ordinance, as adopted and signed,is contained in Zoning Ordinance Book I, Section #lOA, Page 10. APPROVAL OF PROPOSED AMENDMENTS TO COUNTY ZONING ORDINANCE Planning Director, Richard,' 'Fender, presented to the Board two proposed Amendments to the County Zoning Ordinance which would permitCommunity Center Buildings in the R-10 and R-15 Residential Districts arid also permit Emergency Service Facilities on lots adjacent to U. S. or N. C. numbered highways. Chm. Davis asked if there was anyone present to speak for or against these amend- ments to the County Zoning Ordinance and no~R~peared before the Board in this regard. ~ (/ ~'l ( ) ":/ "') MINUTES OF REGULAR MEETING, APRIL 5, 1976 (CONTINUED) APPROVAL OF PROPOSED AMENDMENTS TO COUNTY ZONING ORDINIINCE (CONTINUED) Chm. Davis moved, seconded by Comm. Taylor, that t:he following two Ordinances amending the county Zoning Ordinance be approved: AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDIN1~CE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section L That the Zoning Ordinance of the county of New 1969, as amended, be, and the same is hereby further amended as f\ Hanover adopted October 6, ) follows: 1. Amend Article V, Section 52-3 by adding the following: (26) Community center building. 2. Amend Article V, Section 53-3 by adding the fcllowing: (23) Community center building. 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 is adopted in the interest 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. Adopted this 5th day of April, 1976. AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINA,NCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 6, 1969 I) THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: 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 V, Section 51-3 by adding the following: (23) Emergency service facility on a lot adjac'~nt to a U. S. or N. C. numbered highway. 2. Amend Article V, Section 52-3 by adding the foLlowing: (27) Emergency service facility on a lot adj.ac'~nt to a U. S. or N. C. numbered highway. 3. Amend Article V, Section 53-3 by adding the following: (24) Emergency service facility on a lot adjac'~nt to a U. S. or N. C. numbered highway. 4. Amend Article V, Section 54-3 by adding the following: (11) Emergency service facility on a lot adjacent to a U. S. or N. C. numbered highway ~! ), 5. Amend Article V, Section 55-3 by adding the fo+lowing: (13) Emergency service facility on a lot adjacent to a U. S. of N. C. numbered highway 6. Amend.Article v, Section 56-2 by adding the foflowing: (31) Emergency service facility on a lot adjacE!nt to a U. S. or N. C. numbered highway. ~ ~ Vi I \ i i MINUTES OF REGULAR MEETING, APRIL 5, 1976 (CONTINUEDt~; AMENDMENTS TO COUNTY ZONING ORDI~NCE (CONTINUED) 7. Amend Article V, Section1 59.1-3 by adding the following: (6) Emergency service facility on a lot adjacent to a U. S. or N. C. numbered highway. 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 or:dinance is adopted in the in1:erest 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. Adopted this 5th day of April, 1976. Upon vote, the two ordinanceswere unanimously adopted. APPROVAL OF APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE WEST SIDE OF THE INTRACOASTAL WATERWAY DIRECTLY WEST OF CAROLINA BEACH INLET FOR A MARINA IN ZONING AREA #4. Planning Director, Richard Fender, reported to the Board that this application had been considered by the Planning Commission at its March 3, 1976, meeting and both the Planning Commission and Planning Staff recommended approval. Chm. Davis asked if there was anyone present to speak for or against this application and no one appeared 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 dev,eloped 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 adjoininq 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 located and in general conformity with the plan of development for New Hanover County, Comm. Alper moved, seconded by Corom. Taylor, .that this Special Use Permit be issued based on the following conditions as recom- mended by the Planning Coromission: 1. Plan as submitted with the application for Special Use Permit; 2. Unless specified otherwise on the plan, parking lots shall not be paved or constructed so as to create an impervious surface; 3. Pilings are to be used to elevate the bait and tackle shop and the restaurant other than solid fill; 4. A soil erosion and sedimentation control plan shall be submitted to the New Hanover County Engineer's Office for review c.nd approval prior to any construction; 5. Sewage disposal plans shall be submitted to t:he New Hanover County Health Department or the Department of Natural & Economic Resources, whichever is applicable, for review and approval prior to ccny occupancy; 6. The dry storage building, repair shop, and all paved and impervious surfaces shall be constructed so as to divert water run-off to a suitable natural growth or manmade filter as opposed to direct run-off into the water basin, such filter system to be approved by the County Engineer; and 7. The removal of existing vegetation cover shall occur only in those areas where proposed structures, parking lots, access roads or walkways are to be constructed. Upon vote, the Special Use Permit was unanimously approved. APPROVAL OF APPLICATION FOR SPECIAL USE PERMIT TO USE: PROPERTY LOCATED ON THE WEST SIDE OF CAROLINA BEACH ROAD (U. S. HWY. 421) JUST SOUTH OF' BARNARDS CREEK FOR AN EMERGENCY SERVICE FACILITY IN ZONING AREA #4 . Planning Director, Richard Fender, reported to the Board that this application had been considered by the Planning Commission at tis March 3, 1976, meeting and both the Planning Commission and Planning Staff recommended approval. Chm. Davis asked if there was anyone present to speak for or against this application and no one appeared 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 necesth~; and (d) that the location and character of the use, if developed according to/pIan as submitted and approved, would be in harmony with the area in ~ (0" . ~ 1... MINUTES OF REGULAR MEETING, APRIL 5, 1976 (CONTINUED) SPECIAL USE PERMIT FOR EMERGENCY SERVICE FACILITY (CONTINUED) 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, approval of the Special Use Permit based on the plan as submitted with the application. Upon vote, the motion carried unanimously. APPROVAL OF APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE WEST SIDE OF CASTLE HAYNE ROAD (U. S. HWY. 11 7) APPROXIMATELY 200 FEET SOUTH OF BRENTWOOD DRIVE FOR A MOBILE HOME IN ZONING AREA #9A Planning Director, Richard Fender, reported to th,~ Board that this application f\ had been considered by the Planning Commission at its ~arch 3, 1976, meeting and both ,) the Planning Commission and Planning Staff recommended approval of the plan as submitted with the application. \ Chm. Davis asked if there was anyone present to s(Jeak for or against this application T and no one appeared 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 abu~ting 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 located and in general conformity with the plan of development for New Hanover County, Comm. Wright moved, seconded by Comm. l\lper, approval of the Special Use Permit based on the plan as submitted with the application. Upon vote, the motion . d . 1 l carrle unanlmous y. I APPROVAL OF APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE WEST SIDE OF U. S. HWY. 421 APPROXIMATELY 1.23 MILES NORTH OF S. R. 1394 (C. P. & L. ENTRANCE) FOR A MOBILE HOME IN ZONING AREA #7. Planning Director, Richard Fender, appeared beforE! the Board and reported that this application had been considered by the Planning CommisE:ion at its March 3, 1976, meeting and both the Planning Commission and Planning Staff recommended approval of the plan f"'\ as submitted with the application. /) Chm. Davis asked if there was anyone present to speak for or against this appli- cation and no one appeared in this regard. After the Coromission 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 ~lan 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 ab~tting 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 located and in general conformity with the plan of development for New Hanover County, Comm. 'O'Shields moved, seconded by Comm. Taylor, approval of the Special Use Permit based on the plan as submitted with the application. Upon vote, the motion carried unanimously. APPROVAL OF APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE EAST SIDE OF SOUTH COLLEGE ROAD (N. C. HWY. 132) APPROXIMATELY 850 FEET SOUTH OF LANSDOWNE ROAD FOR A STABLE IN THE MASONBORO ZONING AREA. Planning Director, Richard Fender, reported to the Board that this application had been considered by the Planning Commission at its March 3, 1976, meeting and both the Planning Commission and Planning Staff recommended approval with conditions. Chm. Davis asked if there was anyone present to speak for or against this appli- cation and Mr. Gil Horton, petitioner, appeared to request approval of the Special Use Permit. No one appeared 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 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 located and in general conformity with the plan of development for New Hanover County, Comm.O'Shields moved, seconded by Comm. Alper, approval of the Special Use Permit based on the following conditions an:l the recommendation of the Planning Commission: ~ ~~, ~ it: ,s; i\!! I;;;, .., or.) . ,)<.) APPROVAL l. 2. MINUTES OF REGULAR MEETING, APRIL 5, 1976 (CONTINUED) i i; OF SPECIAL USE PERMIT ;FOR A STABLE (CONTINUED) Plan as submitted withi. the application fOJ~ Special Use Permit; That the stable be con$tructed in compliance with Article VII, Section 72-61 of the N~w Hanover County Zoning Ordinance; That the stable be loc~ted at least 100 feet from any existing or proposed well site; and That the perimeter of the property should be adequately fenced to prevent movement by horses onto adjacent property if in fact any horses are to be turned loose in the area. 3. 4. . Upon vote, the Special Use Permit was approved as follows: Voting Aye: Corom. Alper, O'Shields, Taylor and Chm. Davis Voting Noe: Comm. Wright APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMl>'iISSION TO DENY REZONING OF PROPERTY LOCATED ON THE SOUTH SIDE OF MARKET STREET EXTENSION (U. S. HV1Y. 17) APPROXIMATELY 1,300 FEET SOUTHWEST OF THE INTERSECTION OF MARKET STREET EXTENSION AND MILITARY CUT OFF ROAD FROM R-15 (RESIDENTIAL DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA #6. ' Planning Director, Richard Fender, reported to the Board that the Planning Commission had considered this request at its meeting of March 3, 1976, and both the Planning Commission and Staff had recommended denial for several reasons. Chm. Davis asked if there was anyone present to speak for or against this rezoning. Mr. Addison Hewlett, Attorney for the Petitioners, appeared to request approval of the rezoning. He presented to the commissioners letters from Ms. Hefelfinger and Mr. Towles, adjacent property owners, stating that they did not object to the rezoning. No one appeared in opposition to the rezoning. . Comm. Alper moved, seconded by Comm. Wright, that the rezoning be approved and that the ordinance entitled "An Ordinance of the COllI1ty of New Hanover Amending the Zoning Map of Zoning Area #6 of New Hanover County, North Carolina, adopted August 18, 1971" be adopted. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis Voting Noe: Comm. Taylor The Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section 6, Page 14. APPEAL FROM RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERTY LOCATED ON THE WEST SIDE OF CAROLINA BEACH ROAD (U. S. HWY. 421) BETWEEN MANASSAS DRIVE AND CATHAY ROAD FROM R-15 (RESIDENTIAL DISTRICT) to B-1 (BUSINESS DISTRICT) IN ZONING AREA #4. Planning Director, Richard Fender, appeared bej~re the Board and reported that the Planning Coromission had considered this request at its meeting of March 3, 1976, and both the Planning Commission and Planning Staff recommended denial of the petition. Chm. Davis asked if there was anyone present to speak for or against this rezoning. Mr. John Symmes appeared to request approval of the rezoning and stated that the petitioners were willing to reduce the size of the Clrea to be rezoned to 300 feet along the highway and 400 fee1: in depth. He presented to the Commissioners letters from neighboring property owners stating that they did not object to the rezoning. '. Mr. Goerge Losak also appeared in favor of the rezoning. No one appeared in opposition to the petition. Corom. Alper moved, seconded by Comm. Wright, approval of the modified rezoning of 300 feet along the highway and 400 feet in depth and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #4 of New Hanover County, North Carolina adopted April 7, 1971" be adopted. Upon vote, the motion carried as follows: Voting Aye: Corom. Alper, O'Shields, Wright and Chm. Davis Voting Noe: Comm. Taylor The Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section 4, Page 16. (See Page ZZ6 for change) ~ (//" 9/.j ,)~/ MINUTES OF REGULAR MEETING, APRIL 5, 1976 (CONTINUED) APPEAL FROM RECOMMENDATION OF THE PLANNING COMMISSION ~) DENY REZONING PROPERTY LOCATED ON THE WEST SIDE OF AIRLIE ROAD ApPROXIMATELY 1,650 FEE'r SOUTH OF HIGHWAY 74 AND 76 FROM R-15 (RESIDENTIAL DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA #2. Planning Director, Richard Fender, reported to the Board that the Planning Coromission had considered this request at its meeting of March 3, 1976, and both the Planning Commission and Planning Staff had recommended denial of the petition. He presented to the commissioners a petition signed by area resident~) opposing the rezoning. Chm. Davis asked if there was anyone present to speak for or against this rezoning. ~ ) Mr. Harold Parker appeared before the Board on behalf of himself and three part- ners to request the rezoning be approved and stated his reasons for the request. He presented to the Commissioners some photographs of the property in question and also surrounding property. He also stated that the petitioners were willing to~compromise by leaving the property along Airlie Road zoned R-15 and only rezone the site on which the restaurant was located. The restaurant had been opErating on the property as a pre-existing non-conforming use and now the owners wished to rezone to bring the use in conformity and protect their interest so it could be 'rebuilt in case of destruction by fire or some other cause. Mr. Horace Pearsall, a residential property owner in the area, appeared on behalf of himself and other property owners to oppose the rezoning. He stated that the peti- tion presented to the Commissioners had been signed by the majority of the property owners on Airlie Road and Bradley Creek Point. He stated that in the event the property was destroyed the restaurant could be rebuilt under the non-conforming use by an appeal to the Board of Adjustment; however, rezoning would permit uses that would be intolerable for adjacent property owners. Mr. Fender pointed out that the structure could be :::milt back if up to 80% of the building were destroyed but anything over that amount would have to have approval of the Board of Commissioners to be rebuilt. This approval could be given without I rezoning the property. ! Mr. R. A. Ashworth, Mr. Ed Craft and Mr. Henry John~;on, area property owners, also appeared to oppose the rezoning. They stated that they had no objections to rebuilding the structure for the existing non-conforming use in CaSE! of destruction. /\) < Comm. O'Shields moved, seconded by Comm. Taylor, that this matter be tabled to allow the petitioners and the other property owners to work out an agreeable solution for the situation. County Attorney Fox stated that a Special Use Permit would not be allowed in the R-l5 zone and the Zoning Ordinance would have to be amended in its entirety in order to allow the use. Chm. Davis stated that he felt that everyone's rights were protected with the status quo since the restaurant could continue operating as it had in the past and could be rebuilt if destroyed. He stated that the property owners could not force the petitioners out nor could they do anything that would harm the property owners. Upon vote, the tabling motion carried as follows: voting Aye: Comm. Alper, O'Shields, Taylor and Wright Voting Noe: Chm. Davis DISCUSSION OF BIDS FOR PHASE II OF THE LAW ENFORCEMENT CEtITER Mr. Herb McKim reported to the Board on the bid opening for phase II of the Law Enforcement Center and presented them with a tabulation ot the bids. The bids exceeded the amount budgeted by approximately $400,000. County Manager Eller reported to the Board how the fvnds could be obtained from Revenue Sharing funds for Fiscal Year 1976/77. (' ) ...J Sheriff Grohman expressed his opinions and recommendations on the bids and alternates. Chm. Davis moved to accept the base bid with Alternate G-l and G-2 with the contract as outlined by the Architect. County Manager Eller recommended that no contracts be awarded at that time to give him and the County Attorney a chance to prepare the n'~cessary ordinance for appropriation of the additional funds that would be necess::lry. \ . :./, , " /11< ::/. ~~ '.. ri .,1lO; j~~ l~ " ~ 95 MINUTES OF REGULAR MEETING, APRIL 5, 1976 (CONTINUED) , - DISCUSSION OF BIDS FOR PHASE II 0F THE LAN ENFORCEMENT CENTER (CONTINUED) Chm. Davis withdrew his motion and made anothe]~ motion, seconded by Comm. O'Shields, .' - I that the item be tabled until the next meeting. Upon vote, the motion carried unanimously. APPROVAL OF LEAA GRANT APPLICATIONS - CRIME PREVENT:~ON OFFICER AND JUVENILE UNIT The Commissioners were requested to authorize the filing of applications for continuation of funding for the crime prevention ofticer and the juvenile unit in the Sheriff's Department for the'period July 1, 1976, through September 30, 1977. The total project cost for the crime prevention officer would be $9,185, of which $5,971 would be Federal funds and $459 would be State funds. The total project cost for the juvenile unit would be $21,026, of which $13,668 would be Federal funds and $1,052 would be State funds. Chm. Davis moved, seconded by Comm. Wright, approval of both of the LEAA Grant Applications. Upon vote, the motion carried unanimously. VOLUNTEER FIRE DEPARTMENT CONTRACTS Comm. Wright moved, seconded by Comm. O'Shield:::;, approval of the intent to continue the contracts with the Volunteer Fire Departments with the amount of the County's contribution to be determined at budget time. Upon; vote, the motion carried unanimously. TABLING OF CAPE FEAR TECHNICAL INSTITUTE PRELIMINARY BUDGET REQUEST FOR TELEPHONE SYSTEM The Cape Fear Technical Institute had requested the Commissioners indicate their intent to approve the budget for telephone expenses in the amount of $14,500 for Fiscal Year 1976/77 in order to sign the necessary contract for installation of a telephone system in their new building in time for its openin:3". County Attorney Fox stated that the Commissioners could indicate that this was something that they intended'to approve at budget time but it would not be binding on the County nor could a contract be let based on the expression of intent from the County. He stated that the Contract could not be signed without the appropriation of the funds. Comm. Alper moved that, in the interest of time, this Commission indicate that it would budget for the phone system for Cape Fear Technical Institute. The motion died for lack of a second. Chm. Davis moved, seconded by Comm. Wright, that this item be tabled until the meeting of April 20th to see if the County Manager could come up with ample funds in the current year's budget to:be appropriated for the phone system or to determine if it could be put under the project ordinance and the funds appropriated for Fiscal Year 1976/77. Upon vote, the motion carried unanimously. DISCUSSION OF SEPARATE ELECTION OF CHAIRMAN OF COUNTY COMMISSION This item had been tabled from the March 15 meeting and the County Attorney was requested to prepare the wording which would appear on the ballot if the Commissioners decided to submit this question to the voters. Corom. Wright stated that it was her intention that this matter be placed on the ballot in November and not have a special referendum in April as the resolution was drawn. She also stated that there was one place where the four year term had not been changed to a two year term. Comm. Wright moved that, with the two changes she had mentioned, the resolution be approved and placed on the ballot in November to be decided by the voters. Comm. Alper stated that he felt there was no x'eason to change the existing pattern of operation and that it would be a disruptive method of changing that which had been effective for a long time. Corom. Wright stated the reason for her requesting this was that the majority of the Board could be changed every two years if the voters were not happy with them rather than having to wait four years to make a chc:nge. She felt the Board would be more responsive to the public in this way. Comm. Taylor stated that he felt it would makE! it too expensive for the Chairman to have to run every two years if he wanted to be E!lected. Comm. O'Shields stated that since it had been tabled from the last meeting he had had the opportunity to talk with quite a few people and all of the opinions he had gotten were against the issue and he could see;no reason to change just for the sake of change. ..~ ((\i' ./0 '/<0 MINUTES OF REGULAR MEETING, APRIL 5, 1976 (CONTINUED) DISCUSSION OF SEPARATE ELECTION OF CHAIRMAN (CONTINUED) Comm. Wright stated that she felt the matter should be decided on by the voters. Chm. Davis asked Comm. Wright if she would be willing to let the people vote on the issue of increasing the size of the Board to 7 members and include that matter in her motion. Comm. Wright's motion to let the voters decide on the matter of a separate election of the Chairman died for lack of a second. TRANSFER OF FUNDS - TAX DEPARTMENT ~ . The Commissioners were requested to transfer the sum of $11,651 from Contingencies, t.' .~' Acct. #11 445 61, to Tax Refunds and Payments, Acct. #11 450 60. The purpose of this transfer was to provide funds to pay taxes on the County Administration Building. At the time of closing the purchase of the building, the seller's pro rata portion of the taxes had been deducted from the final sales price but no provision had been made in the budget for the County to pay the taxes. Comm. O'Shields moved, seconded by Chm. Davis, that the transfer of funds be approved as requested. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor and Cqn. Davis Voting Noe: Comm. Wright REQUEST FOR USE VALUE - PROPERTY OF LOUISE CAMERON The Commissioners were requested to permit use value for a 50-acre tract on Inde- pendence Boulevard. The owner had applied for use valu2 on 2 other parcels and was under the impression that this p~rcel had been included. The permission for use value was for 1975 taxes. County Attorney, James C. Fox, stated that in his opinion it would be legal to permit this use value. After further discussion, Mr. Fox requested time t,) reread the statute. f)' . ~,J.__' APPROVAL OF CHANGE ORDER #1 FOR LANEY & TRASK SCHOOLS S::!::WER LINE The Commissioners were requested to approve a chan':}e order to the contract with Central Builders changing the pipe -material from vitrified clay to ABS plastic. There was no change in the contract amount. Chm. Davis moved, seconded by Comm. 0' Shields, app:coval of the change order as requested. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor and Crun. Davis Voting Noe: Comm. Wright FURTHER DISCUSSION ON REQUEST FOR USE VALUE - PROPERTY OF LOUISE CAMERON County Attorney Fox stated that, after rereading the Statute, he was still of the opinion that this request was in line and the use value could be permitted. APPROVAL OF BUDGET TRANSFER - HEALTH DEPARTMENT The Board of Health had requested the transfer of :;;2,100 from Maintenance and Repair - Equipment, Acct. #44 593 16, to Departmental Supplies, i\cct. #44 593 33, for the purchase of larvicing supplies. Chm. Davis moved, seconded by Comm. Wright, approval of the budget transfer as re- quested by the Health Department. Upon vote, the motion carried unanimously. APPROVAL OF TRANSFER OF FUNDS - GARAGE The Commissioners were requested to transfer the Sl~ of $8,500 from Issues from Inventories, Acct. #11 555 56, to Purchase for Inventory, Acct. #11 555 55, in order to purchase parts on an as needed basis as much as poss:.ble. .~ ),-- Upon motion by Comm. Wright, seconded by Comm. AlpE!r, the transfer of funds was unanimously approved as requested. ~ -........ Uf/ ' ,J .j, MINUTES OF REGULAR MEETING, APRIL 5, 1976 (CONTINUED) APPROVAL OF TRANSFER OF FUNDS - GARAGE The Coromissioners were requested to transfer $285 from Supplies, Acct. #11 555 33, to Equipment, Acct. #11 555 74, to provide for the purchase of 2 steel cabinets for tool storage. Upon motion by Comm. Wright, seconded by Comm. Alper, the budget transfer was unanimously approved as requested. SELECTION OF BOND PAYING AGENT ON THE HOSPITAL BOND ISSUE The County Finance Officer, Felix Cooper, presented the following tabulation of bids that had been received from banks desiring to become the paying agent on the Hospital Bond Issue: Bank Cost/Coupon Cost/Bond Min. Cost First Union First-Citizens Wachovia NCNB Bank of N. C. $ .08 $ .75 .08 .08 .08 .70 .75 .75 $ 50.00 Comm. Alper moved, seconded by Comm. O'Shields, that the bid be awarded to First- Citizens Bank & Trust Company, the apparent low bidder, as the paying agent on the Hospital Bond Issue as recommended by the Finance Officer. Upon vote, the motion carried unanimously. AWARD OF DRAPERY BID - SOUTHEASTERN MENTAL HEALTH CENTER The following bids were presented for furnishing draperies for the Southeastern Mental Health Center: Stage Equipment Company Ruby Johnson Interiors $ ~i, 370.00 .;',,315.94 .to Mr. W. Burke Lennon, of the Mental Health Center, recommended the bid be awarded Ruby Johnson Interiors for having submitted the lower bid. Chm. Davis moved, seconded by Comm. Alper, that the bid go to Ruby Johnson Interiors as the low bidder in the amount of $4,315.94. Upon vote, the motion carried unanimously. LUNCH BREAK Chm. Davis recessed the meeting for lunch from 12:00 o'clock noon to 1:00 o'clock p. m. APPROVAL OF DEMOLITION OF CITY/COUNTY OWNED BUILDING LOCATED AT 1408 WOOSTER STREET The County Manager advised that Mr. Rowan, Chief Building Inspector for the City of Wilmington had advised that City and County jointly owned houses located at 1408 Wooster Street and 2032 Adams Street were in hazardous condition and not worth the cost of repairs. Upon further investigation, however, it was felt that the house located at 2032 Adams Street could possibly be sold clnd repaired. Comm. Wright moved, seconded by Comm. Taylor, aI~roval of demolition of the City and County owned building located at 1408 Wooster Street. Upon vote, the motion carried unanimously. TABLING OF PARTICIPATION IN FOREST SERVICE PROGRAM . . . QJ.vJ.sJ.on Chm. Davis reported to the Board that the Forest~ Resources/had requested the County Commissioners consider participating in a Forest Service Program, and he felt that it was a service that the County should have. The estimated cost to the County for Fiscal .year 1976/77 would be $16,688. It was agreed by common consent to table the mat~ter until the first meeting in May to get comments from the Volunteer Fire Departments Clnd also to invite Mr. Derryl Walden of the Division of Forest Resources to attend the meeting. DISCUSSION OF SCHOOL BUDGET AND FISCAL CONTROL ACT County Manager Eller reported that the School Budget and Fiscal Control Act re- quired that the school board submit its budget to the County Coromissioners not later than May 15. He stated that by May 15, the rest of 1:he County budget would be 95% complete insofar as the budget officer's review, as t:he Budget and Fiscal Control Act applying to the County required the budget officer to submit his proposed budget to the County commissioners by June 1. Mr. Eller requested direction from the Commissioners .~ (;8 ~~ i~ MINUTES OF REGULAR MEETING, APRIL 5, 1~76 (CONTINUED) I , DISCUSSION OF SCHOOL BUDGET AND FISCAL'CONTROL ACT (CONTINUED) as to how they wished the school budget to be reflected iri the overall County budget, as the school officials had indicated that they would submit 'their budget to the Com- missioners on May 14, which conflict in schedules would require changes in the budget format. It was agreed to write a letter to the School Board ~nd request that they expedite getting their budget to the County Manager and County Comrrlissioners. County Finance Officer, Felix Cooper, reported to the Board that the School Budget would be in a much different format this year than in the past and requested direction on how it should be included in the County Budg~t. i) "-- J It was agreed that the School Budget would be included in its entirety in the County Budget in some manner. REQUEST FOR USE VALUE - PROPERTY OF LOUISE CAMERON County Attorney Fox stated that he was still of the opinion the use value could be allowed on the property of Louise Cameron but would like t~o get an opinion from the Attorney General's Office. It was agreed by Common Consent to handle the matter in this way. APPROVAL OF REQUEST FOR ADDITIONAL READER/PRINTER AND CONTINUING RENTAL OF CAMERA IN THE REGISTER OF DEEDS OFFICE The County Manager recommended the following budget amendments in order to purchase an additional reader/printer as requested by Mrs. LeRay f~r the Register of Deeds Office: 1. Increase the Revenue Appropriation, Sale of Fixed Assets, Acct. #11 380 00 by $3,000. 2. Appropriating the sum of $3,000 to Capital Outlay - Equipment, Acct. #11 480 74. 3. Transferring the sum of $2,350 from ContingencieB, Acct. #11 445 61 to Capital Outlay - Equipment, Acct. #11 480 74. ' .1) , 4. Transferring $3,900 from Salaries and Wages, Acc1:. #11 480 02, to Capital Outlay - Equipment. 5. Transferring $800 from Contracted Services, Acct. #11 480 45, to Capital Outlay - Equipment. Mr. Eller also recommended the transfer of $756 from Copying and Duplicating, Acct. #11 480 32, to Equipment Rent, Acct. #11 480 22, to provide for the continuing rental of a camera. I. Comm. O'Shields moved, seconded by Comm. Alper, approval of the budget amendment and transfers as requested in the Register of Deeds Budget:. Upon vote, the motion carried unanimously. EXPENDITURE APPROVAL - LOWER CAPE FEAR COUNCIL FOR THE AR,}~S OUTDOOR DRAMA APPROPRIATION County Manager Eller reported that at the meeting of:April 16, 1974, the County Commissioners appropriated a total of $6,000 to the Lower'Cape Fear Council for the Arts for an outdoor drama production. The appropriation was 1:0 be broken down into three general categories: $2,500 for the playwright; $2,000 for advance publicity and office supplies; and $1,500 for publicity and advertising. Mr. Robert Davis, Director of the Arts Council, Mr. ~;. T. Rhodes and Mr. Jim Pridemore appeared before the Board to request that expenditures in the amount of $2,636.55 for the Feasibility Study be charged against th~ $6,000 allocation even though it did not fall into one of the three categories mId was actually expended prior to the appropriation of the $6,000. , j ) Chm. Davis moved, seconded by Comm. Taylor, approval of the expenditures being charged against the $6,000 as requested by the Arts Council. Upon vote, the motion carried unanimously. DISCUSSION OF TITLE XX CONTRACTS county Manager Eller reported to the Board on the problems being encountered upon receipt of the Title XX Contracts. He stated that the amounts on the Contracts differed from the amounts in the applications for various reasons. He also stated that there was a certificate on each invoice going to the StatE! that was to be signed by the Finance Officer verifying how the funds had been spent, and he had advised Mr. Cooper not to sign the statement as there was no way to audit the books of the provider agencies to see how the funds had been spent. ~- . :. !. q ~ . '~i ~, ~) ;i l' ~. MINUTES OF REGULAR MEETING, APRIL 5, 1976 (CONTINUED) DISCUSSION OF TITLE XX CONTRACTS (CONTINUED) Comm. Alper moved that all agencies be notified to stop spending money until the County can find out how they will be reimbursed and what mechanics will be used to do this. The motion died for lack of a second. Comm. Taylor moved, seconded by Chm. Davis, this item be tabled until the meeting of April 20 to get additional information and that each of the agencies be notified not to incur any expenses until the Contracts were approved. Upon vote, the motion carried unanimously. (See Page lOO for addition) EXECUTIVE SESSION Comm. Wright moved, seconded by Comm. Taylor, that the meeting be recessed to Executive Session to discuss committee appointments. Chm. Davis recessed the meeting to Executive Session at 2:05 o'clock p. m. Chm. Davis reconvened the meeting to Public S=ssion at 2:20 o'clock p. m. DISCUSSION ON COMMITTEE TO DEAL WITH DETOXIFICATION OF ALCOHOLICS Comm. O'Shields reported that the Southeastern Mental Health Clinic Program Committee had requested the Commissioners name a committee which would include representatives from law enforcement, mental health, medical profession and Com- missioners to consider the possibility of developing a prog~3m for the detoxification of alcoholics. He explained that the Mental Health Board felt that it was impossible for them to undertake a project of this size without the support of all other interested groups. After much discussion, Comm. Wright moved, seconded by Comm. Taylor, to write to the Mental Health Board and tell them that this was one of their responsibilities and that they are the most qualified to do it. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Taylor, Wright and Chm. Davis Voting Noe: Comm. O'Shields APPOINTMENT TO WILMINGTON-NEW HANOVER PLANNING CO~1ISSION Chm. Davis moved, seconded by Comm. Alper, tha.t Mr. Richard Sniffen be appointed to the Wilmington-New Hanover Planning Commission to fill the unexpired term of Mrs. Tatum S. Robertson until July 31, 1978. Upon vote, the motion carried unanimously. DISCUSSION ON EXPENSES OF COUNTY ATTORNEY, JAMES C. FOX, FOR ATTENDING MEETINGS OF COASTAL AREA MANAGEMENT COUNCIL The Commissioners had received a request from Mr. T. D. Eure, Chairman of the Coastal Resources Commission to finance the continued participation of its Executive Board representatives for the duration of this fiscal year. County Attorney, Jim Fox, stated that he had been appointed to serve on this Commission by the Council of Governments and did not feel that the Commissioners should be responsible. BUDGET TRANSFER - MUSEUM ALARM SYSTEM County Manager Eller reported that the Commissioners needed to transfer $384 from Contracted Services, Acct. #11 625 45, to Telephone and Postage, Acct. #11 625 11, in the Museum Budget in order to provide funds for paying for the telephone lines carrying the alarm system. Comm. Wright moved, seconded by Comm. Taylor, approval of the transfer as requested in the Museum Budget. Upon vote, the motion carriE!d unanimously. AWARD OF BIDS ON PRINTING OF TAX NOTICES County Manager Eller presented to the Coromissioners a tabulation of the bids re- ceived on printing for tax notices and other forms in the tax office. Comm. Alper moved, seconded by Comm. Taylor, t:hat the bid Printing Company, the low bidder, in the amount of $2,363.30. carried unanimously. be awarded to Wilmington Upon vote, the motion A copy of the bid tabulation is contained in Exhibit Book III, Page 64. ~ Gar) /"''-' MINUTES OF REGULAR MEETING, APRIL 5, 1976 (CONTINUED) COUNTY OFFICES MOVING County Manager Eller reported.to the Board that the offices of the County Manager and County Commissioners would be moved to their new loca~ion in the County Administration Building at the corner of Fourth and Chestnut Streets on rhursday and Friday, April 8 and 9, and the next Coromissioners' meeting would be held in the new chambers. COMM. TAYLOR ABSENT FROM NEXT MEETING Comm. Taylor reported to the Board that he would be ?n vacation and would not be in attendance at the meeting of April 20. ADJOURNMENT Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned. Upon vote, the motion carried unanimously. .~ ( Chm. Davis adjourned the meeting at 2:35 o'clock p. In. Respectfully submitted, ~~/6.~ . Alyce B. Bro~ Clerk to theiBoard ab MINUTES OF REGULAR MEETING, APRIL 20, 1976 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, April 20, 1976, at 9:00 o'clock a. m. in the Assembly Rooln, New Hanover County Administra- tion 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, Alyce B. Brown. Comm. Willia~n C. Taylor was absent. h / Chm. Davis called the meeting to order. , Rev. John Shue of Messiah Lutheran Church offered the invocation. INTRODUCTION OF REPRESENTATIVES FOR YWCA WEEK Mrs. Caronell Chestnutt introduced the following glr~s who had been selected to sit with the Commissioners and observe as one of their activities for YWCA Week: , ! Deborah Brown Michelle Baldwin Carrie Rivenbark Polly Stri~:kland Tia Chocie=:1 APPROVAL OF MINUTES: REGULAR MEETING, APRIL 5, 1976 Comm. Wright stated that on Page 88 under "Approval of Airport Lease with Air Wilmington, Inc.", she would like it noted that her reason for voting "noe" was because she had not received a copy of the lease in advance and had not had a chance to read it. Comm. Wright also stated that on Page 99 under "Discussion of Title XX Contracts", it should be noted that the Commissioners agreed to write a letter to the Association of County commissioners about this problem. Comm. Alper moved, seconded by Comm. O'Shields, that the Minutes of the Regular Meeting of April 5, 1976, be approved as corrected. Upon vote, the motion carried as follows: 1 r\ Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis Absent: Comm. Taylor REPORT ON BIDS FOR ADDITION TO NEW HANOVER MEMORIAL HOSPI~~L The following members of the Hospital Board, members of the Hospital Staff and Architects appeared to report on the bid opening for the addition to New Hanover Memorial Hospital: ~