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1981-03-02 Regular Meeting '((09 o o o 769 MINUTES OF REGULAR MEETING, FEBRUARY 16, 1981 (CONTINUED) ADDITIONAL ITEMS - COUNTY ATTORNEY REPORT ON HOYLE LITIGATION The County Attorney reported that in the\Hoyle suit against the County, all the defendants had beeri dismissed except New Hanover County as a ,body corporate. ADJOURNMENT Comm. Blake MOVED, SECONDED by Comm. Barfield, that the meeting be adjourned. Upon vote, the motion carried AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields Vice-Chm. Gottovi adjourned the meeting at 11:33 o'clock a.m. Respectfully submitted, ~.6-,t?~ Alyce B. Rusmisell Clerk to the Board MINUTES OF REGULAR MEETING, MARCH 2, 1981 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 2, 1981, at 7:00 o'clock p.m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners Howard L. Armistead, Jr.; Jonathan Barfield; Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields, Jr.; County Manager G. Felix Cooper; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Chm. O'Shields called the meeting to order and offered the invocation. CONTINUANCE OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 2.83 ACRES) LOCATED ON THE EAST SIDE OF AVERY DRIVE, APPROXIMATELY 400 FEET EAST OF BRADLEY DRIVE TERMINUS, FOR,A TOWNHOUSE MULTI-FAMILY DEVELOPMENT IN AN R-15 (RESIDENTIAL)DISTRICT. Chm. O'Shields reported that the petitioner and his attorney, Mr. George Rountree III, had requested this Public Hearing be continued to a later meeting as Mr. Rountree had been called out of town on a Federal Court case. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Barfield, the public hearing on this Special Use Permit Application was UNANIMOUSLY continued to the meeting of March 16, 1981. APPROVAL OF MINUTES OF. HEARINGS ON FISCAL YEAR 1980/1981 BUDGET Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, the Minutes of the Hearings on the Fiscal Year 1980/81 budget were ,UNANIMOUSLY approved as presented. Copies of the Minutes are contained in Exhibit Book VIII, Page 34. APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 16, 1981 Comm. Armistead MOVED, SECONDED by Comm. Gottovi, that Chm. O'Shields be excused from voting on the approval of these Minutes as he was in Raleigh on County business and unable to attend the meeting. Upon vote, the motion carried UNANIMOUSLY. Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the Minutes of the Regular Meeting on February 16, 1981, were approved as presented by the following vote: Voting Aye: Abstaining: Comm. Armistead, Barfield, Blake and Gottovi Chm. Q'Shields APPROVAL OF CONSENT AGENDA Upon MOTION by Comm. Armistead, SECONDED by Comm. Barfield, the Consent Agenda containing the following items were UNANIMOUSLY approved: 77fl MINUTES OF REGULAR MEETING, MARCH 2, 1981 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) AZALEA, .FESTIVAL FIREWORKS DISPLAY Authorization was granted for the Azalea Festival Committee to hold a fireworks display on the evening of April 9, 1981, at the Legion Stadium and the firing of three inch salutes from the river bank near the battleship USS North Carolina during the morning hours on April 9 to announce the arrival of the Queen. CHANGE ORDER NO. 1 - ADAP-07 Change Order No. 1 to the Contract with Central Builders, Inc. for the Obstruction Clearing and Removal Project (ADAP-07) at the Airport was approved along with the following budget amendment appropriating the additional funds required: Debit - Acct. #90 575 76, Contingencies (Project) Credit - Acct. #90 575 53, Clearing Contract . . .... o $1,500. $1,500. BUDGET AMENDMENT - PLANNING The following amendment in the Planning budget was approved to allocate the money for the City of Wilmington's share of the Land Use Money from CAMA: Debit - Acct. #11 301 03, Ad valorem taxes - 3 prior Credit - Acct. 1/11 490 69, Planning Program $5,355. $5,355. BUDGET AMENDMENT - SHERIFF'S DEPARTMENT The following amendment in the Sheriff's Department budget to appropriate funds given to the County to replace funds used by the Sheriff's Depart- ment for salary replacement to pay personnel working in place of personnel attending rookie school: Debit - Acct. #11 335 00, Miscellaneous Revenue Credit - Acct. 1/11 510 02, Salari~s & Wages $6,745.95 $6,745.95 o BUDGET AMENDMENT - MENTAL HEALTH CENTER FIRE ALARM SYSTEM The following amendment in the Property Management budget to appropriate the funds for installing a fire alarm system and an emerg~ncy lighting system in the Mental Health Building: Debit - Acct. #11 445 61, Contingencies Credit - Acct. #11 535 15, M & R, Buildings & Grounds $2,900. $2,900. BUDGET AMENDMENT - PARKS & RECREATION The following amendment in the Parks & Recreation budget to purchase equipment for use in maintaining the Parks and to appropriate additional funds necessary for the balance of this fiscal year: Debit - Acct. 1/11 397 86, Transfer from Trask Acct. 1/11 335 00, Miscellaneous Revenue Acct. 1/86 329 00, Interest on Investment Credit - Acct. #11 620 74, Capital Outlay - Equipment Acct. #11 620 10, Auto Allowance Acct. #11 620 16, M & R - Equipment Acct. #86 575 11, Transfer to General $4,000. $7,300. $4,000. $10,300. $ 500. $ 500. $ 4,000. BUDGET AMENDMENTS APPROVED BY COUNTY MANAGER The following budget amendments had been approved by the County Manager 0 and were reported to the Commissioners for entry into the record: Health Department - To keep the proper expenditures and line items identified for cost accounting purposes: Debit - Acct. 1144 603 33, Supplies & Materials $l,OOO. Credit - Acct. 1144 590 33, Supplies & Materials $1,000. Debit - Acct. 1144 604 10, Auto Allowance $ 300. Acct. 1144 601 33, Supplies & Materials $ 400. Acct. 1144 600 16, M & R - Equipment $ 735. Credit - Acct. 1144 590 12, Printing & Copying $1,435. o o o MINUTES OF REGULAR MEETING, MARCH 2, 1981 (CONTINUED) 771 APPROVAL OF CONSENT AGENDA (CONTINUED) BUDGET AMENDMENTS APPROVED BY COUNTY MANAGER (CONTINUED) Finance Department - To adjust Data Processing budget for the remainder of FY 1980/81 Debit - Acct. #11 440 14, Travel, Schools & Meetings Acct. #11 440 22, Equipment Rent Acct. #11 440 45, Contracted Services Acct. #11 441 14, Travel, Schools & Meetings Acct. #11 441 45, Contracted Services Credit - Acct. #11 440 11, Telephone & Postage Acct. 1/11 440 33, Departmental Supplies Acct. #11 440 53, Dues and Subscriptions Acct. #11 441 33, Supplies and Materials $1,000. $1,000. $ 500. $1,800. $1,000. $2,800. $1,500. $ 500. $ 500. Engineering & Facilities - Additional funds needed due to hiring new Director earlier than anticipated Debit - Acct. #11 537 10, Auto Allowance Credit - Acct. #11 536 10, Auto Allowance $1,000. $1,000. RESOLUTION FOR INDEMNIFICATION OF COUNTY OFFICIALS AND EMPLOYEES A Resolution was adopted setting forth guidelines under which claims against County officials and employees may be defended and/or paid by the County. A copy of the Resolution is contained in Exhibit Book VIII; Page 35. DISCUSSION OF CONSTRUCTION PROBLEMS AT LAW ENFORCEMENT CENTER Chm. O'Shields requested the County Attorney's opinion as to whether or not this was an item that could be discussed in executive session, and Mr. Fox advised that as he understood the matter, it was a claim by Mr. Thompson, the General Contractor, and he felt it. could be discussed in executive session. It was agreed by concensus to postpone the discussion until later in the meeting after the Public Hearing. PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of Commissioners of New Hanover County on ,Monday, March 2, 1981, at 7:00 p.m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina to consider the following: PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY (APPROXlMATELY,8.23 ACRES) LOCATED ON THE NORTH SIDE OF U. S. HIGHWAY 17, APPROXIMATELY 250 FEET NORTH OF SPARTAN ROAD, FROM AN I-1 (INDUSTRIAL) DISTRICT TO A B-2 (HIGHWAY COMMERCIAL) DISTRICT. Planning Director Dexter Hayes gave the background information on this request and reported that the Planning Board had considered the rezoning at its meeting in February and recommended approval with the inclusion of a small tract adjacent to the tract that was being recommended for rezoning. Chm. O'Shields asked if there was anyone present to speak in favor of this request and Mr. Jim Henderson, 'representing the petitioner, appeared to request approval. Chm. O'Shields asked if there was anyone present to speak in opposition to the rezoning and no one appeared. Comm. Gottovi MOVED, SECONDED by Comm. Armistead, to approve the Rezoning and adopt the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area 6 of New Hanover County, North Carolina, Adopted August 18, 1979". Upon vote, the motion carried UNANIMOUSLY. I A copy of the Ordinance as adopted I and signed is contained in Zoning Ordinance Book I, Section 6, Page 19. 772 MINUTES OF REGULAR MEETING, MARCH 2, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 11 ACRES) LOCATED ON THE WEST SIDE OF HIGHWAY 421, APPROXIMATELY 300 FEET NORTH OF RIVER ROAD, FOR A TRAVEL TRAILER PARK/ CAMPGROUND IN AN R-15 (RESIDENTIAL) DISTRICT. Planning Director Dexter Hayes gave the background information on this application and reported that the Planning Board had considered the request at its meeting in February and recommended approval. Chm. O'Shields asked if there was anyone present to speak in favor of this request, and Mr. Boyd Knapp, the petitioner, was duly sworn and testified to the accuracy of information presented by the Planning Director and answered questions from the Planning Director and Commissioners. o Chm. O'Shields asked if there was anyone present to speak in opposition to this application and no one appeared. Upon MOTION by Comm. Blake, SECONDED by Comm. Armistead, the following Order Granting the Special Use Permit was UNANIMOUSLY adopted: The County Commissioners for New Hanover County having held a public hearing on March 2, 1981 to consider application number S-161 2/81 submitted by Boyd H. Knapp, a request for a special use permit to use the property located at West side of Hwy. 421, approx. 300' north of River Road for a Travel Trailer Park/campground, and having heard all the evidence and argu- ments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72- of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: o 1. The County Board of Health has inspected the site and found water and sanitary facilities to be satisfactory. 2. Development will not create a traffic hazard on SR 1576, Service Road. 3. The fire department provides volunteer service to the facility. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. Proposed additions to this facility meet requirements of Zoning and Mobile Home Park Ordinances. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1. Campground facilities were established in 1967. 2. Proposed improvements will upgrade the present facility and enhance the value of the park. o 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. The Waterway Campground borders the property to the south. 2. Property to the north and east is vacant and undeveloped. 3. Residences adjoin the entrance to the campground opposite the facility. o o o 773 MINUTES OF REGULAR MEETING, MARCH 2, '1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 11 ACRES) LOCATED ON THE WEST SIDE OF HIGHWAY 421, APPROXIMATELY 300 FEET NORTH OF RIVER ROAD, FOR A TRAVEL TRAILER PARK/ CAMPGROUND IN AN R-15 (RESIDENTIAL) DISTRICT. (CONTINUED) 4. County Growth policies encourage the maintenance of park areas for both active and passive recreational uses. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific,; requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court' of competent jurisdiction then this permit ": shall become void and of no effect. c) Other: Ordered this 2nd day of March, 1981. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 7.64 ACRES) LOCATED ON THE EAST SIDE OF HIGHWAY 421, APPROXIMATELY 500 FEET NORTH OF SILVA TERRA DRIVE, FOR A MEMBERSHIP SPORTS AND RECREATION CLUB IN AN R~15 (RESIDENTIAL) DISTRICT. Planning DIrector Dexter Hayes gave the background information on this case and reported that'the Planning Board had considered the application at its meeting in February and recommended ,approval. Chm. O'Shields asked if there was anyone present to speak in favor of this application and Mr. Frank Cyzick, representative of the owner of the property, was duly sworn and testified to the accuracy of information presented by the Planning Director and answered questions from the Planning Director and County Commissioners. Chm. O'Shields asked if there was anyone present to speak in opposition to this application, and no. one appeared in opposition. Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the following Order Granting the Special Use Permit'was UNANIMOUSLY adopted: The County Commissioners for New Hanover County having held a public hearing on March 2, 1981 to consider application number S-162 2/81 submitted by Marie SikeS/E. Frank Cyzick, a request for a special use permit to use the property located 'at east sideHwy. 421 'approx. 500' north of Silva Terra Dr. for a Membership Sports and Recreation Club, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FA~T that all of the specific requirements set forth in Section 72-12 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans sub- mitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. Area is fenced for protection of adjoining residences. 2. The manure will be removed from the site regularly. 3. Property to the north and south is undeveloped. 774 MINUTES OF REGULAR MEETING, MARCH 2, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 7.64 ACRES) LOCATED ON THE EAST SIDE OF HIGHWAY 421, APPROXIMATELY 500 FEET NORTH OF SILVA TERRA DRIVE, FOR A MEMBERSHIP SPORTS AND RECREATION CLUB IN AN R-15 (RESIDENTIAL) DISTRICT. (CONTINUED) 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this con- clusion, the Commissioners make the following FINDINGS OF FACT: 1. The proposed use is a permitted use in the R-15 district. 2. Eight parking spaces are provided in, accordance with Sections 80 & 81. 3. Barn is setback 45' & 100' from the side property lines there- fore satisfied dimensional requirements of Section 54-4 of the Ordinance. o 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclus- ion the Commissioners make the following FINDINGS OF FACT: 1. This portion of property was formerly used as a stable facility by the owner. 2. Adjoining residences are under same ownership. 3. Applicant will remove all debris from the site. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. The rear portion of the property is occupied by a mobile home and pig farm. 2. Property on either side remains vacant and undeveloped. 3. County Growth policies encourage the development of recreational facilities to enable residents to make construct- ive use of their leisure time. o 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, ,as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other: Ordered this 2nd day of March, 1981. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE SECTION 50-2, TABULATION OF PERMITTED USES, AND ARTICLE VI, SUPPLEMENTARY DISTRICT REGULATIONS Planning Director Dexter Hayes gave the background information on this amendment and reported that the Planning Board had considered this amend- ment at its meeting in February and recommended approval. o Upon MOTION by Comm. Barfield, SECONDED by Comm. Gottovi, the following amendments to the Zoning Ordinance were UNANIMOUSLY approved: o o o 775 MINUTES OF REGULAR MEETING, MARCH 2, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN AMENDMENT TO 'THE ZONING ORDINANCE SECTION 50-2, TABULATION OF PERMITTED USES, AND I ARTICLE VI, SUPPLEMENTARY DISTRICT REGULATIONS (CONTINUED) I I I I. Amend Section 50-2 Tabulation of Permitted Uses; A. Delete Public Stables B. Add Stables (see Section 69) as a permitted use in the R-20, R-15, B-2; I-I, 1-2 and AR Districts; II. Amend Article VI, Supplementary District Regulations: A. Add'Section 69: Stables: A stable may be permitted in the R-20, R-15 and A-R residential districts provided that: 1. No stable shall be erected closer than one hundred (100) feet to any property line. 2. A buffer in compliance with Section 67 be provided for the protection of adjoining residences. PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING ORDINANCE, ARTICLE VI, NON-CONFORMING SITUATIONS Planning Director Dexter Hayes gave the background on this amendment and reported that the Planning Board had considered the request at its meeting in February and recommended approval. Mrs. Paz Bartolome commented. Comm. Gottovi MOVED, SECONDED by Comm. ,Armistead, that the Planning staff prepare an amendment to the .Zoning Ordinance to allow day care uses in industrial zones (I-1 and 1-2) by Special Use Permit. Upon vote, the motion carried UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE, ARTICLE VI, SECTION 45-4, NON-CONFORMING SITUATIONS Planning Director Dexter Hayes gave the background on this amendment and reported that the Planning Board had considered this request at its meeting in February and recommended approval. The Planning Staff also recommended approval. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the following amendment to the Zoning Ordinance was UNANIMOUSLY approved:. Amend Article VI, Non-Conforming Situations: A. Add Section 45-4: A use listed as a permitted use in the Tabulation of Permitted 'Uses may be established as a new use in any existing non-conforming building provided such use complies with all off-street parking require~ents of this Ordinance. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE, ARTICLE VI, 'I SECTION 62, ACCESSORY BUILDING Planning Director Dexter Hayes reported that the Planning Board had considered this amendment at'its meeting in February and recommended approval. Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the following amendment to the Zoning Ordinance, Article VI, Section 62, was UNANIMOUSLY approved: 1 Amend Section 62, Accessory BUildihg, by deleting: i "Accessory buildings on residential property shall be limited to 500 square feet. II I PUBLIC HEARING TO CONSIDER THE RENAMING I OF NORTH CAROLINA SECONDARY ROAD 1187 (TITANIUM ROAD) IN FEDERAL POINT TOWNSHIP Planning Director Dexter Hayes reported that this change was initiated by the Planning Staff in order to corrett a duplication in road names. I I Mr. Burnett Sanders appeared to request that the road be named Sanders Drive or Sanders Road in honor of his deceased father who had donated a 5 acre strip through his property for the road right of way. 776 MINUTES OF REGULAR MEETING, MARCH 2, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER THE RENAMING OF NORTH CAROLINA SECONDARY ROAD 1187 (TITANIUM ROAD) IN FEDERAL POINT'TOWNSHIP (CONTINUED) Upon MOTION by Comm. Blake, SECOND~D by Comm. Armistead, the following Ordinance renaming the road to Sanders Drive was UNANIMOUSLY adopted: It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the renaming:of North Carolina Secondary Road 1187 running from U. S. Highway 421 (Carolina Beach Road) west approx- imately 4800 feet to the intersection of North Carolina Secondary Road 1100 (River Road), and it further appearing that a public hearing was held on the 2nd day of March, 1981, at which time all persons were heard on the 0 question of whether or not the renaming would be in the public interest, and it further appearing that notice of said hearing was transmitted to all , adjacent property owners and prominently posted in at least three (3) locations along said road, and the Board of County Commissioners is of the opinion that said public road in New Hanover County should be renamed and the renaming of same is in the public interest, the description of which is delineated on the attached exhibit. NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road is hereby named Sanders Drive. IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation and to any city within five (5) miles of said road in accordance with N. C. General Statute 153A-240. This the 2nd day of March, 1981. PUBLIC HEARING TO CONSIDER SUBDIVISION ORDINANCE TEXT AMENDMENTS CONCERNING PLANNED THOROUGHFARES Mr. Ken Silliman of the Planning Staff reported that the Planning Board had considered the proposed amendments to the Subdivision Regulations pertaining to planned thoroughfares at its meeting in February and recom- mended deletion of the section concerning reservations for planned thorough- fares' and also the portion requiring that right-of-way boundaries be located on the subdivision plats. o Comm. Armistead MOVED, SECONDED by Comm. Gottovi, to approve the amendment with the following changes: that 12 months be substituted for 18 months in paragraph 1 and that in paragraph 2, number "a" be dropped and the last sentence of that paragraph read "Disclosure shall be provided as follows" and that the following Ordinance of the County of New Hanover" County , North Carolina, Amending the Subdivision Regulations of New Hanover County Adopted February 17, 1969, be adopted: The Board of Commissioners of New Hanover County doth ordain: Section 1. Hanover adopted further amended That the Subdivision February 17, 1969, as as follows: Regulations of the County of New amended be and the same is hereby Delete Article VI, Section 7.1 ("Street Dedications"). Replace with: 7.1 Planned Thoroughfares 1) Reservation when subdivision served by planned thoroughfare. ,When any portion of a major or minor thoroughfare shown on 0 the Wilmington Urban Area Thoroughfare Plan runs through and provides direct access' to the tract of land to be subdivided, the County Planning Board or the Board of County Commissioners may require the subdivider to ;:,.,reserve the required right of way for such thoroughfare. No structures or buildings shall be placed on said reserved land. Reservations of land under this section shall not remain in effect longer than 12 months from the date of final plat recording. 2) . Disclosure of planned 'thoroughfare. When any portion of a proposed major or minor thoroughfare shown on the Wilmington Urban Area Thoroughfare Plan runs through the tract of land to be subdivided, both the preliminary plan and final plat for the subdivision shall disclose the presence of the planned thoroughfare. Disclosure shall be provided as follows: o o o MINUTES OF REGULAR MEETING, MARCH 2, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER SUBDIVISION ORDINANCE TEXT AMENDMENTS CONCERNING PLANNED THOROUGHFARES ,(CONTINUED) 777 A note on the plat stating: "This subdivision crosses a proposed thoroughfare right-of-way; present status should be confirmed with N. C. Department of Transportation." Section 2. Any ordinance or any 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 the 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 2nd day of March, 1981 Upon vote, the motion carried UNANIMOUSLY. BREAK Chm. O'Shields recessed 'the meeting for a break from 8:36 o'clock p.m. until 8:56 o'clock p.m. ADOPTION OF BY-LAWS FOR CBA TASK FORCE Mr. Tom Fields, Chairman of the Community-Based Alternatives Task Force, appeared before the Board to explain and answer questions on the proposed by-laws for the CBA Task Force. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Blake, the New Hanover County Community Based Alternatives Task Force By-Laws were UNANIMOUSLY adopted as proposed. A copy of the By-Laws are contained in Exhibit Book VIII, Page 35. APPROVAL OF FUNDING FOR NEW HANOVER VOLUNTEER RESCUE SQUAD Mr'," John Willis and Mr. Louis Walker" of the New Hanover Volunteer Rescue Squad, appeared before the Board to discuss funding for proposed construction. They proposed that instead of replacing the soil used from their property to cover the Carolina Beach Landfill site, the County allocate funds to the rescue squad to expand their facilities. Mr. C. G. Berry commented. Comm. Armistead MOVED, SECONDED by Comm. Blake, to fund the New Hanover Volunteer Rescue Squad in the amount of $15,000 now,and to add $15,000 in the budget for 1981/82 over and above the amount agreed upon for the contractual relationship with the funds to come from Contingencies and with the understanding that the current agreement would be voided. Upon vote, the motion carried UNANIMOUSLY. REQUEST TO ENDORSE DESIGNATION OF MASONBORO ISLAND AS AN AREA OF ENVIRONMENTAL CONCERN Comm. Gottovi requested that the Commissioners endorse the proposal of the Coastal Resources Commission in designating Masonboro Island as an Area of Environmental Concern. Mr. Addison Hewlett, Jr., a property owner, appeared before the Board to comment and requested that action on this matter be postponed for a month to get the reaction of some of the island's other~property owners. Comm. Armistead MOVED, SECONDED by Comm. Blake to postpone action on this matter for at least 30 days and that all the landowners of record be notified that the Board is considering making a recommendation on this at the first meeting in April which would be April 6, 1981. Upon vote, the motion carried UNANIMOUSLY. ADDITIONAL ITEMS - GENERAL PUBLIC DISCUSSION ON NEW TEST WELLS AT BLUE CLAY ROAD LANDFILL Mr. William S. Funderburg requested information on the time frame for putting in the new test wells at the Blue Clay Road Landfill. COMMENTS ON LAW ENFORCEMENT CENTER AND ANNEXATION Mr. C. G. Berry commented on the Law Enforcement Center and annexation. 778 MINUTES OF REGULAR MEETING, MARCH 2, 1981 (CONTINUED) BREAK Chm. O'Shields recessed the meeting for a break from 9:46 o'clock p.m. until 9:58 o'clock p.m. EXECUTIVE SESSION Chm. O'Shields MOVED, SECONDED by Comm. Armistead, that the meeting be recessed to Executive Session to meet with the Architect and Contractor for the Law Enforcement Center to discuss the validity of a claim against the County by the Contractor and to discuss personnel matters. Upon vote, the motion carried UNANIMOUSLY. Chm. O'Shields recessed the ~eeting to Executive Session at 10:00 o'clock p.m. o Chm. O'Shields reconvened the meeting to Public Session at 11:38 o'clock p.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS AND COUNTY MANAGER ADDITIONAL WORK TO BE PERFORMED AT LAW ENFORCEMENT CENTER Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the following action requested by the County Manager was UNANIMOUSLY approved: The payment of $3,916 for waterproofing and pointing the bricks at the Law Enforcement Center. The payment of $4,989 for waterproofing the tops of the walls at the Law Enforcement Center. The remittance to J. M. Thompson Company of $16,500 of his retainer, subject to the approval by Alton Lennon, the Attorney handling the County's legal matters on the Law Enforcement Center. ESTABLISHMENT OF ADMINISTRATIVE SECRETARY POSITION AT THE AIRPORT Comm. Armistead MOVED, SECONDED by Comm. Blake, the establishment of a position of Administrative Secretary, Grade 61, at the Airport. Upon vote, the motion carried UNANIMOUSLY. o DISCUSSION ON CAROLINA BEACH BERM PROJECT County Manager Cooper and the Commissioners commented on the status of the Carolina Beach berm project. FUNDING FOR RENOVATION OF 4TH FLOOR COURTROOM Comm. Armistead MOVED, SECONDED by Comm. Blake, to_approve funding in the amount of $6,100 for the renovation of the top floor of the courthouse with the funds to come from the construction funds for the judicial building and appropriated as follows: $3,000 to Supplies and Materials $2,000 to Salaries $1,100 to Professional Services Upon vote, the motion carried UNANIMOUSLY. DISCUSSION ON COASTAL ENERGY IMPACT PROGRAM GRANT County Manager Cooper explained the CEIP Grant the County had received. No action was taken pending additional information to be obtained by the County Manager. LAND USE WEEK PROCLAMATION Upon MOTION by Comm. Gottovi, SECONDED by Comm. Blake, the following proclamation proclaiming Land Use Week was UNANIMOUSLY adopted: o WHEREAS, the Land Use Planning Subcommittee of the New Hanover County Planning Board and the Wilmington City Planning Commission are sponsoring Land Use Week; and WHEREAS, the theme for Land Use Week is "Planning for the 80's"; and WHEREAS, input and direction from area residents are desired and essential elements of the Wilmington-New Hanover County Land Use Plan; and o o o " MINUTES OF REGULAR MEETING, MARCH 2, 1981 (CONTINUED) 779 ADDITIONAL ITEMS - COUNTY COMMISSIONERS'AND COUNTY MANAGER (CONTINUED) LAND USE WEEK PROCLAMATION (CONTINUED) 1 WHEREAS, the principals and policies of the Land Use Plan are only as effective as the continuing support received from the people. NOW, THEREFORE, I Claud O'Shields, Jr., Chairman of, the Board of County COmmissioners, New Hanover County, North,Carolina, do hereby proclaim the week of March 8th to the 13th, 1981 as LAND USE WEEK in New Hanover County, North Carolina, and call,upon all area citizens to actively participate in the Five-Year Update to the Wilmington-New Hanover Land Use Plan and Policies for Growth and Development. Signed by me this 2nd day of March, 1981. TOUR-OF-NEW LIBRARY BUILDING ON FRIDAY, MARCH 6, 1981 'The County Manager informed the Commissioners that since the new Library was going to open on Monday, March 9, a tour of the building had been arranged for the Commissioners who would like to attend on Frid~y, March 6, 1981, at 11:00 o'clock a.m. TOURS OF OTHER SOLID WASTE FACILITIES The Commissioners and County Manager commented on the possibility of touring some other solid waste facilities recommended by the consulting engineers. DISCUSSION ON BLADEN COUNTY ORDINANCE REGULATING LANDFILLS County Manager Cooper informed the Commissioners of an Ordinance passed by the Bladen CountY-Commissioners that morning regulating the use of land in that County for landfill purposes. ADJOURNMENT Comm. Armistead MOVED, SECONDED by Comm. Blake, that the meeting be adjourned. Upon vote, the motion carried UNANIMOUSLY. Chm. O'Shields, adjourned the meeting at 12:00 midnight. Respectfully submitted, ~~./?~ Alyce B. Rusmisell Clerk to the Board MINUTES OF SPECIAL MEETING AND REGULAR MEETING, MARCH 16, 1981 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Monday, March 16, 1981, at 8:30 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners Howard L. Armistead, Jr.; Jonathan Barfield; Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields, Jr.; County Manager G. Felix Cooper; County Attorney James C. Fox; and Clerk to the Board Alyce B. Rusmisell. No members were absent. Chm. O'Shields called the meeting to order and stated the Special Meeting had been called to meet with representatives of the Division of Highways of the N. C. Department of Transportation Ito hold a public hearing on the expend- itures of secondary road, bond funds f~r improvements to secondary roads in New Hanover County. ' I PUBLIC HEARING ON USE OF SECONDARY ROAD BOND FUNDS Mr. Garland Garrett, Jr., Secondar~ Roads Council Member, and Mr. Ted Funderburk, Division Engineer, presented to the Commissioners a list of the Department of Transportation's suggest~d priorities for the use of secondary road bond funds and the amount of fundIng available for New Hanover County. Mrs. Johnson appeared to request funds for the paving of Gladiolus Road (SR-2021).