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1981-06-01 Regular Meeting 844 R'Ii MINUTES OF REGULAR MEETING, JUNE 1, 1981 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 1, 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; Vice Chairman Karen E. Gottovi; Assistant County Manager Gary M. Cannon; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. Chairman Claud O'Shields, Jr. was absent. Rev. James Finley of Pine Valley Baptist Church offered the invocation. o Vice-Chairman Gottovi called the meeting to order. APPROVAL OF MINUTES: MAY 18, 1981 Upon MOTION by the Regular Meeting following vote: REGULAR MEETING, MAY 13, 1981, AND SPECIAL MEETING, Comm. Armistead, SECONDED by Comm. Blake, the Minutes of of May 13, 1981, were approved as presented by the Voting Aye: Absent: , Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields Upon MOTION by Comm. Blake, SECONDED by Comm. Armistead, the Minutes of the Special Meeting of May 18, 1981, were approved as presented by the following vote: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi ,Chm. O'Shields APPROVAL OF CONSENT AGENDA Vice-Chairman Gottovi commented on Item 1/2 of the Consent Agenda and suggested that it be removed and acted on separately. Comm. Armistead MOVED, SECONDED by Comm. Barfield, to remove Item #2 from the Consent Agenda and approve the rest. Upon vote, the following Consent Agenda Items were approved AS FOLLOWS: o Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields CHANGE OF DATE OF FIRST MEETING IN JULY The first meeting in July was changed from Monday, July 6, 1981, to Tuesday, July 7, 1981, since the 4th of July was on a Saturday and Monday, July 6, 1981, would be a County holiday. AGREEMENT FOR REFORMATTING OF CADASTRAL MAPS On April 6, 1981, the bid was accepted from Landmark Engineering for the refo~atting of Old Cadastral Maps. The Chairman was authorized to execute the Contract with Landmark Engineering for this work. A copy of the Contract is on file in the County Manager's Office. RESOLUTION - NCACC WORKERS' COMPENSATION FUND WHEREAS, New Hanover County is required to provide payment of workers' compensation claims of employees; and WHEREAS, the North Carolina Association of County Commissioners Joint Risk Management Agency has been established by counties pursuant to G. S. 153-445(a)(1) and G. S. 160A-460 through 160A-464; and o WHEREAS, it is desirable for New Hanover County to join the North Carolina Association of County Commissioners Joint Risk Management Agency and participate in its workers' compensation fund in order to provide a method of risk sharing for workers' compensation claims of its employees; r;t/~ 845 MINUTES OF REGULAR MEETING, JUNE 1, 1981 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) , I RESOLUTION - NCACC WORKERS' COMPENSATION FUND (CONTINUED) o NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of New Hanover County hereby adopts the inter local agreement entitled "Interlocal Agreement for a Group Self-Insurance Fund for Workers' Compensation Risk Sharing", and thereby joins and agrees to participate in the North Carolina Association of County Commissioners Joint Risk Management Agency which has been formed to create a group fund to pay and service the workers' compensation claims of the employees of the counties and other local agencies joining the Agency. BE IT FURTHER RESOLVED that Claud O'Shields, Jr. is authorized to execute the application to join the North Carolina Association of County Commissioners Joint Risk Management Agency. This the 1st Day of June, 1981. ADDITION OF ROADS IN SHELLBANK SUBDIVISION TO STATE SYSTEM The SR-2 Resolution was adopted requesting the addition of Abalone Drive, Coquina Drive, and Cowrie Lane in Shell Bank Subdivision to the State Secondary Road System as recommended by the Department of Transportation. A copy of the Resolution is on file in the Clerk's Office. BUDGET AMENDMENT - HEALTH DEPARTMENT - MATERNAL & CHILD HEALTH PROGRAM The following amendment in the Maternal & Child Health Program Budget to purchase equipment and take care of the backlog of patients eligible for dental care under the School Health Program. Debit - Acct. 1144 591 02, Salaries $4,475. Credit -^ Acct. 1144 591 74, Capital Outlay-Equipment $1,975. Acct. 1144 60S 04, School Health - Prof. Servo $2,500. 0 BUDGET AMENDMENT - SOCIAL SERVICES The following amendment in the Social Services Budget to appropriate Title XX Day Care Funds: Debit - Acct. 1141 350 24, Day Care - State Revenues $6,000. Acct. 1141 350 16, Day Care - Title xx Revenues $6,000. Credit - Acct. 1141 610 19, Day Care - State Expend. $6,000. Acct. #41 610 16, Day Care - Title XX Expend. $6,000. BUDGET AMENDMENT - ENGINEERING The following amendment in the Engineering Budget to cover expenditures on out-of-county landfill investigations: Debit - Acct. 1/11 329 00, Interest on Investments Credit - Acct. #11 537 04, Professional Services $22,000. $22,000. BUDGET AMENDMENTS APPROVED BY COUNTY MANAGER To record lease/purchase of Savin Copier for the Library which was incorrectly recorded as rental: Debit - Acct. 1111 630 12, Copying & Duplicating $1,776. Acct. 1121 397 11, Transfer from General 1,776. Credit - Acct. 1111 630 90, Transfer to Debt Service- D Library $1,776. Acct. 1121 575 89, Payments on Leased Equip.$1,776. To appropriate funds received from Winter Park Optimist for a Press Box at Hugh MacRae Park: Debit - Acct. #11 335 00, Miscellaneous Revenue Credit - Acct. #11 620 15, M & R - Bldgs. & Grounds $1,500. $1,500. RESOLUTION AUTHORIZING COUNTY MANAGER TO SIGN CLEAN WATER BOND DOCUMENTS Assistant County Manager Cannon explained the necessity for adopting a Resolution authorizing signatures on documents for Clean Water Bond Funds. Comm. Blake MOVED, SECONDED by Comm. Barfield, that the County Manager be authorized to sign the documents and upon vote, the following Resolution was adopted AS FOLLOWS: 846 MINUTES OF REGULAR MEETING, JUNE 1, 1981 (CONTINUED) RESOLUTION AUTHORIZING COUNTY MANAGER TO SIGN CLEAN WATER BOND DOCUMENTS (CONTINUED) Voting Aye: Absent: Comm. Armistead, Blake, Barfield and Gottovi Chm. O'Shields WHEREAS, the ,North Carolina Clean Water Bond Act of 1977 has authorized the making of grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water supply systems, and WHEREAS, Resolution 74-31 of the North Carolina Board of Water and Air Resources established a policy for approving State grants from the Pollution Control Account of the Clean Water Fund for step grants for wastewater treatment works projects, and WHEREAS, Title II of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500 U.S.C. 1251 et. seq.) authorized the award of Step Federal Construction Grants for waste treatment works, and WHEREAS, New Hanover County intends to request State and Federal grant assistance to aid in Construction of the Northeast Interceptor as set forth in the "Greater Wilmington Area 201 Facilities Plan"; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY: That New Hanover County will arrange financing for all remalnlng costs of the project if approved for State and Federal grant awards. That New Hanover County will adopt and'place into effect on or before completion of the project a schedule of fees and charges which will provide adequate funds for proper operation, maintenance and administration of the syst>em. That New Hanover County will provide for efficient operation and maintenance of the project on completion of construction thereof. That G. Felix Cooper, County Manager and successors so titled, is hereby authorized to execute and file Step II and III applications on behalf of New Hanover County with the Environmental Protection Agency and the State of North Carolina for grants to aid in the construction of the project described above. That G. Felix Cooper, County Manager and successors so titled, is hereby authorized and directed to furnish such information as the appropriate Federal or State agencies may request in connection with such applications or the project; to make the assurance as contained above, and to execute such other documents as may be required in connection with the applications. That New Hanover County has substantially complied or will substan- tially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto: and hereby authorized the above designated representative to execute an affidavit so stating. Adopted this the 1st day of June, 1981, at Wilmington, North Carolina. PUBLIC HEARING - CAPITAL IMPROVEMENT PROGRAM - 1981-90 At the meeting of May 18, a Public Hearing was held on the County's proposed Capital Improvement Program for 1981-90. The hearing was continued to the meeting of June 1, 1981, at 7:00 P.M. Vice-Chairman Gottovi opened the floor to the public for comments, and the following persons commented on the proposed, Capital Improvement Program: Mr. Buddy Coley, representing ,the Right-To-Vote Association presented the views of the Association. A copy of Mr. Coley's comments is contained in Exhibit Book VIII, Page 41. Planning Director Dexter Hayes Commented. Rr~ o o o 9'17 o o o 847 MINUTES OF REGULAR MEETING, JUNE I, 1981 (CONTINUED) PUBLIC HEARING - CAPITAL IMPROVEMENT PROGRAM - 1981-90 (CONTINUED) Mr. Curtis Shocker commented. Vice Chairman Gottovi declared the Public Hearing on the Capital Improvement Program closed at 7:25 P.M. PUBLIC HEARING TO CLOSE A PORTION OF 47TH STREET At the meeting on April 21, 1981, the Commissioners adopted a Resolution of Intent to Close a Portion of 47th Street in Winter Park Gardens. The Resolution called for a Public Hearing on June 1, 1981, at 7:00 P.M. to hear all persons on the question of whether or not the closing would be detrimental to the public interest or the property rights of any individual. Said Resolution was published once a week for 4 successive weeks pursuant to G. S. 153A-241, mailed to all owners ~f property adjoining portions of the street and posted in at least 2 places along the street. Planning Director Hayes reported that the Planning Board had considered this request at its meeting in April and recommended approval. The Planning Staff had also recommended approval. Vice Chairman Gottovi asked if there was anyone present to speak in favor of or against this request and no one appeared. Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the Order Closing a Portion of 47th Street in Winter Park Gardens was adopted AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields A copy of the Order is contained in Exhibit Book VIII, Page 41. PUBLIC HEARING' :, Notice had been given that a public hearing would be held by the Board of Commissioners of New Hanover County on Monday, June 1, 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 REZONING PROPERTY (APPROXIMATELY 7.3 ACRES) LOCATED 200 FEET SOUTH OF SHIPYARD BLVD., APPROXIMATELY 950 FEET EAST OF SOUTH 17TH STREET FROM AN R-15 (RESIDENTIAL) DISTRICT TO AN 0 & I (OFFICE AND INSTITUTIONAL) DISTRICT. Planning Director Hayes reported that the Planning Board had considered this request at its meeting on May 7 and recommended approval. The Planning Staff had recommended denial. Vice Chairman Gottovi asked if there was anyone present to speak in favor of this request and Mr. Alton Lennon, Attorney for the petitioner, appeared to request approval. Mr. Bill Huffine, Realtor representing the petitioner, also appeared to request approval. Vice Chairman Gottovi asked if there was anyone present to speak in opposition and no one appearld. Upon MOTION by Comm. Blake, SECONDED by Comm. Barfield, the rezoning was approved and the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area 9-B of New Hanover County, North Carolina Adopted July 1, 1972" wa~ adopted by the FOLLOW,ING VOTE: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 9-B, Page 40. PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 1.6,ACRES) LOCATED ON THE WEST SIDE OF HWY. 421, APPROXIMATELY 850 FEET NORTH OF CATHAY ROAD FROM AN R-15 (RESIDENTIAL) DISTRICT TO A B-2 (HIGHWAY BUSINESS) DISTRICT. Planning Director Hayes reported that the Planning Board had considered this request at its meeting on May 7 and recommended approval. Vice Chairman Gottovi asked if there was anyone present to speak in favor of or in opposition to this request and no one appeared. 848 9yg-- MINUTES OF REGULAR MEETING, JUNE 1, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 1.6 ACRES) LOCATED ON THE WEST SIDE OF HWY. 421, APPROXIMATELY 850 FEET NORTH OF CATHAY ROAD FROM AN R-15 (RESIDENTIAL) DISTRICT TO A B-2 (HIGHWAY BUSINESS) DISTRICT. (CONTINUED) Upon MOTION by Comm. Armistead, SECONDED by Comm. Barfield, the rezoning was approved and 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" was adopted by the FOLLOWING VOTE: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields o A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 4, Page 23. PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 185 ACRES) LOCATED ON THE SOUTHEAST CORNER OF BLUE CLAY AND HOLLY SHELTER ROADS INTERSECTION FROM AN R-15 (RESIDENTIAL) DISTRICT AND B-2 (HIGHWAY BUSINESS) DISTRICT TO AN 1-2 (HEAVY INDUSTRIAL) DISTRICT. Planning Director Hayes reported that the Planning Board had considered this request at its meeting on May 7 and recommended approval. Vice Chairman Gottovi asked if there was anyone present to speak in favor of this request and Mr. Alton Lennon, Attorney for the petitioners, appeared to request approval. Vice Chairman Gottovi asked if there was anyone present to speak in opposition to this request, and Mrs. Myrtle Barnhill appeared to speak in opposition. Upon MOTION by,Comm. Armistead, SECONDED by Comm. Barfield, the, rezoning was approved and the Ordinance entitled "AN Ordinance of the County of New Hanover AMending the Zoning Map of Zoning Area 8-A of New Hanover County, North Carolina, Adopted June 19, 1972" was adopted by the FOLLOWING VOTE: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields o A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 8-A, Page 10. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 8.5 ACRES) LOCATED ON THE WEST SIDE OF HIGHWAY 132 WEST OF MOHICAN TRAIL, FOR A PRIVATE CLUB IN AN R-15 (RESIDENTIAL) DISTRICT. Planning Director Hayes gave the background information on this case and reported that the Planning Board had considered the application at its meeting on May 7 and recommended approval. Vice Chairman Gottovi asked if there was anyone present' to speak in favor of this request, and Mr. Rex Nussman and Mr. Jack Shytle, representing the Shrine Club, were duly sworn to present their case and answer questions on the application. Vice Chairman Gottovi asked if there was anyone present to speak in opposition to this application, and Mr. Joe Douty was duly sworn to testify in opposition to this Special Use Permit. Comm. Armistead MOVED, SECONDED by Comm. Gottovi, to approve this Special Use Permit. Upon vote, the following Order Granting the Special Use Permit was approved AS FOLLOWS: o Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields The County Commissioners for New,Hanover County having held a public hearing' ori June 1, 1981 to consider application number S-171 5/81 submitted by Arab Shrine Club, a request for a special use permit to use the property located at west side Highway 132, west of Mohican Trail intersection for a Private Club, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following 9~ o o o 849 MINUTES OF REGULAR MEETING, JUNE 1, 1981 (CONTINUED) , PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 8.5 ACRES) LOCATED ON THE WEST SIDE OF HIGHWAY 132 WEST OF MOHICAN TRAIL, FOR A PRIVATE CLUB IN AN R-15 (RESIDENTIAL) DISTRICT. (CONTINUED) CONCLUSION: 1. The County Commissioners FIND as a FACT 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 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 thepublic 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. A 30 foot planted buffer is provided for protection of neighboring residences. 2. Traffic generated by the facility will not exceed the capacity of Hwy. 132. 3. A volunteer fire service is located near the proposed facility. 4. Location of septic tank will be designated by the Health Dept. 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. Private Clubs are a permitted use in the R-15 District. 2. 240 parking spaces are provided in accordance with Section 80 & 81 of the Zoning Ordinance. 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 Commisaioners make the following FINDINGS OF FACT: 1. Proposed improvements will increase the property's value. 2. ' Proposed use is not substantially different from many Church related facilities along Highway 132. 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. Residential land uses are located to the east and south. 2. Property to the North and West remains undeveloped. 3. County Growth Policies encourage the development of facilities that enable residents to make use of their leisure time. 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,~he issuance of a SPECIAL USE PERMIT be GRANTED, subject'to the following conditions: 850 $? So MINUTES OF REGULAR MEETING, JUNE 1, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 8.5 ACRES) LOCATED ON THE WEST SIDE OF HIGHWAY 132 WEST OF MOHICAN TRAIL, FOR A PRIVATE CLUB IN AN R-15 (RESIDENTIAL) DISTRICT. (CONTINUED) 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. o c) Other: Compliance with all applicable Federal, State and local regulations. Ordered this 1st day of June, 1981. BREAK Vice Chairman Gottovi recessed the meeting for a'break from 8:30 o'clock p.m. until 8:49 o'clock p.m. PUBLIC HEARING TO CONSIDER AN APPLICATIONIDR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 1 ACRE) LOCATED ON THE WEST SIDE OF HIGHWAY 421 NORTH, APPROXIMATELY 4200 FEET SOUTH OF FISHING CREEK FOR A MOBILE HOME IN AN 1-2 (INDUSTRIAL) DISTRICT. Planning Director Hayes gave the background information on this case and reported that the Planning Board had considered the application at its meeting on May 7 and recommended approval. Vice Chairman Gottovi asked if there was anyone present to speak in favor of this application, and Mr. Bordeaux, the petitioner, was duly sworn to present his case and answer questions from his attorney, Mr. Alton Lennon, the Commissioners and the Planning Director. Vice Chairman Gottovi asked if there was anyone present to speak in opposition, and Mr. Gus Moore commented. No one appeared in opposition. o Comm. Blake MOVED, SECONDED by Comm. Armistead, to approve this Special Use Permit and upon vote, the following Order Granting this Special Use Permit was approved AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields The County Gommissioners for New Hanover County having held a public hearing on June 1, 1981 to consider application number S-172 5/81 submitted by Royal State Construction Company, a request for a special use permit to use the property located at west side Highway 421 North, approx- imately 4200 feet south of Fishing Creek for a mobile home, 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 FACT that all of the specific requirements set forth in Section 72-27 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. Septic Tank location will be approved by the Health Dept. \ 2. Mobile home will be used for security purposes and protection of private property. o o o r;f'1 ,~; . .f'-I" ," ,~. ," ...--.".,'~ 851 MINUTES OF REGULAR MEETING, JUNE 1, 198V (CONTINUED) i PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 1 ACRE) LOCATED ON THE WEST SIDE OF HIGHWAY 421 NORTH, APPROXIMATELY 4200 FEET SOUTH OF FISHING CREEK FOR A MOBILE HOME IN AN 1-2(INDUSTRIAL) 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 conclusion, the COmmissioners make the following FINDINGS OF FACT: 1. Mobile homes are a permitted use in the 1-2 District. 2. Two parking spaces are provided in compliance with Sections 80 and 81 of the Zoning Ordinance. 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. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1. Adjacent property is under same ownership. 2. The mobile home will be for security purposes for adjoining construction company and will be incidental to the industrial use. 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 this 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 th~ Following FINDINGS OF FACT: 1. Property to the south, .east & West is wooded and undeveloped. 2. Industrial uses adjoin the site to the north. 3. Proposal is consistent with County's policy to aliow local businesses to safely maintain their investments in buildings and other facilities. 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: Compliance with all applicable Federal, State & Local regulations. Ordered this 1st day of June, 1981. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 200 ACRES) LOCATED ON THE EAST SIDE OF HIGHWAY 421 NORTH ADJACENT TO FISHING CREEK FOR A LANDFILL IN AN 1-2 (HEAVY INDUSTRIAL) DISTRICT. Planning Director Hayes gave the background information and reported that the Planning Board had considered this application at its meeting on May 7 and recommended approval. 852 MINUTES OF REGULAR MEETING, JUNE 1, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 200 ACRES) LOCATED ON THE EAST SIDE OF HIGHWAY 421 NORTH ADJACENT TO FISHING CREEK FOR A LANDFILL IN AN 1-2 (HEAVY INDUSTRIAL) DISTRICT. ( CONTINUED) Vice Chairman Gottovi asked if there was anyone present to speak in favor of this Special Use Permit and Mr. Ed Hilton, Director of Engineering and Facilities for New Hanover County, was duly sworn to present the County's request and answer questions on the application. Mr. Hilton presented a letter from Mr. J. Gordon Layton, Environmental Engineer of the N. C. Department of Human Resources Solid & Hazardous Waste Management Branch which gave site approval and outlined the cond- itions of approval. Said letter was marked as Exhibit "A": Mr. James M. Brown, New Hanover County Health Director, was duly sworn to answer questions presented to him concerning health aspects of the application. Vice Chairman Gottovi asked if there was anyone present to speak in opposition to the Special Use Permit and the following persons commented: Mr. Gus Moore requested that some sort of buffer zone be put along Fishing Creek. Mr. Hilton reported that he thought there was a requirement for a SO foot buffer along the border of the property. Mrs. Jane Morse commented. Mr. William Funderburg commented. Mr. Hayes reported that the Planning Board had recommended approval with the request that the Commissioners look into the possibility of a local monitoring system. Comm. Blake stated that he would go on record as saying that whatever could possibly be done would be done to insure that this landfill would be harmless. Comm. Armistead MOVED, SECONDED by Comm. Barfield, that the Special Use Permit be approved and upon vote the following Order Granting the Special Use Permit was adopted AS ,FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Comm. O'Shields The County Commissioners for New Hanover County having held a public hearing on June 1, 1981 to consider application number S-173 5/81 submitted by New Hanover County, a request for a special use permit to use the property located at east side Hwy. 421 North adjacent to Fishing Creek for a Sanitary Landfill, 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 FACT that all of the specific requirements set forth in Section 72-13 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: &"Sd, o o o ~~3 o o o ,i"< ...,:,."....,. 853 MINUTES OF REGULAR MEETING, JUNE 1, 198V (CONTINUED) I PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL, USE PERMIT TO USE PROPERTY (APPROXIMATELY 200 ACRES) LOCATED'ON'THE EAST SIDE, OF HIGHWAY 421 NORTH ADJACENT TO FISHING CREEK FOR 'A LANDFILL IN AN 1-2 (HEAVY INDUSTRIAL) DISTRICT. (CONTINUED) t. The N. C. Dept. of Human Resources has conditionally approved the landfill site. 2. The facility will be developed and operated in accordance with requirements of the State and NC Dept. of Human Resources. 3. Engineering ,technology will be applied to the site for protection of ground water. ' 4. The site will be monitored by the N. C. Dept. of Human Resources. 5. Adequate access for truck traffic is available from Highway 421 North. 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. Sanitary Landfills are a permitted use in the 1-2 District. 2. Adequate parking will be provided in accordance with Sections 80 & 81 of the Zoning Ordinance. 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 is a public necessity. In support of this, conclusion the Commissioners make the following FINDINGS OF FACT: 1. The proposed landfill is a public necessity. 2. 200-300 tons/day of solid waste are produced in the County. 3. Without proper means of disposal of solid waste a severe health hazard would be created. 4. No alternative methods of waste disposal are currently available for the residents of New Hanover County. 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 proposed site is located in an isolated section of the County with a very low population density. 2. The proposed site is surrounded by wooded, undeveloped industrial zoned land. 3. The area is designated as Rural on the 1976 Land Classification Map and has no severe environmental restraints. 4. An, objective of the County's Urban Growth Policy is to enable the City of Wilmington and New ~nover County to deliver the necessary basic urban services in the most cost-effective manner. 6. Therefore, because the County Commissioners conclude'that all of the general and specific conditions precede~t 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: 854 MINUTES OF REGULAR MEETING, JUNE l, 1981 (CONTINUED) f?SY PUBLIC HEARING TO CONSIDER SPECIAL USE PERMIT TO USE PROPERTY ON EAST SIDE OF HIGHWAY 42l NORTH ADJACENT TO FISHING CREEK FOR A LANDFILL IN AN 1-2 DISTRICT. (CONTINUED) a) That the applicant shall fully comply with all of the specific requirements stated in the on1~riance 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 compentent jurisdiction then this permit shall become void and of no effect. o c) Other: Compliance with all applicable Federal, State and local regulations. Ordered this lst day of June 1981. FINAL PLAT APPROVAL - RED BIRD AND CASCADE ROADS Planning Director Hayes reported that at the meeting of May l8, action on the final"plat for Red Bird and Cascade Roads was continued to this meeting because the monuments had not been installed. He stated that the monuments had now been installed and arrangements made for the installation of signs at the intersection of Cascade Road and Red Bird Road. Oomm. Blake MOVED, SECONDED by Comm. Armistead, that the final plat of Red Bird and Cascade Roads be approved. Upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields USER CHARGE SYSTEM REPORT - NORTHEAST INTERCEPTOR The Commissioners had been furnished copies of a User Charge System Report prepared by Henry von Oesen and Associates. Asst. County Manager Cannon explained that the report was necessary to be 0 submitted with the grant applications for the Northeast Interceptor project and recommended approval of the report. He also reported that approval of the report would not lock the County in to the rate that would be charged. Comm. Blake MOVED, SECONDED by Comm. Gottovi, to approve the report entitled "A Wastewater User Charge System for New Hanover County, North Carolina, April, 1981. " Upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields A copy of the Report is on file in the County Manager's Office. REQUEST FOR LANDFILL RATE INCREASE Mr. Dave JOhnson, Comptroller of Waste Management, Inc., and Dale Courtney, Manager of the local office of Waste Management, Inc., appeared before the Board to explain and answer questions on their request to increase the landfill fees by $0.14 per cubic yard. After discussion, Comm. Armistead MOVED, SECONDED by Comm. Barfield, to postpone action on this request to the meeting of June l5 to obtain additional information. Upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields o (The date to discuss this was changed to June 8 later in the meeting.) MINUTES OF REGULAR MEETmG, JUNE l, 1981 (CONTmUED) 855 r~5 POSTPONEMENl" OF REVENUE SHARING BUDGEI' APPROPRIATION At the meeting on May 4, the Commissioners held a public hearing on the proposed use of General Revenue Sharing funds as amended for the fiscal year July l, 1980, through June 30, 1981" but ,no"action was taken. The Commissioners were requested to appropriate the funds to the Judicial Building ,Capital Project. By Common Consent this action was postponed to the meeting of June l5 to get clarification on the budget amendment. , ' "..,' (The date to discuss this was changed to June 8 la'ter in the meeting.) o RESOLUTION - FREE TRADE ZONE DESIGNATION Conun. Gottovi explained that, because of the importance of the Free Trade Zone Designation, she felt it was important to recognize those individuals and groups that were responsible for bringing that tr,ade zone concept to New Hanover County and to the Port. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the following Resolution was ADOPTED AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields WHEREAS, a' Foreign Trade Zone is being established in New Hanover County North Carolina which will enhance the economic well-being of the State Port and of the County, and WHEREAS, Senator W. G. SIilith was responsible for bringing the Foreign Trade Zone concept to the attention of local officials and businessmen and shepherding the necessary legislation through the North Carolina General Assembly, NOW, THEREFORE, BE IT RESOLVED that the New Hanover, County Board of Commissioners congratulates Senator 'w. G. smith, the North Carolina State Ports Authority, The Greater Wilmington Chamber of Commerce, and The Wilmington Industrial Development Commission for a job well done in obtaining I this designation for our Port and our Community. o Resolved this lst day of June, 1981. NATIONAL RECREATION AND PARK MONTH PROCLAMATION Vice-Chm. Gottovi reported that Governor Hunt had proclaimed the month of June as National Recreation and Park Month in North Carolina, and the Commissioners were requested to adopt a similar proclamation for New Hanover County. Upon MOTION by Comm. Barfield, SECONDED by Comm. Armistead, the following Proclamation was ADOPTED AS FOLLOWS: Voting Aye,: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields WHEREAS, we are more aware than ever before of the important role which leisure activities will have in our future lives and in the lives of our children, and, WHEREAS, our county of New Hanover offers an array o~ recreation facilities and leisure activities for the benefit of all our citizens, and, o WHEREAS, the New Hanover Board of Commissioners joins the National Recreation and Park Association in designating the month of June as National Recreation and Park Month to highlight the growing need of our citizens for constructive, creative and meaningful free-time activities. NOW THEREFORE, I, Claud 0' Shields, Jr., Chairman of the New Hanover County Board of Commissioners, do hearby proclaim the month of June to ,be National Recreation and Park Month, and urge all citizens to participate in and enjoy the recreational opportunities this area has to offer during this month and throughout the year. 856 S".5~ MINUTES OF REGULAR MEETING, JUNE l, 1981 (CONTINUED) RESOLUTION AUTHORIZING NEGOTIATIONS FOR RIGHT OF WAY ACQUISITION FOR NORTHEAST INTERCEPTOR County Attorney Fox and Engineering Director Ed Hilton explained the necessity for beginning right-of-way acquisitions for the Northeast Interceptor. Mr. Bill Funderburg commented. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Blake, the,following Resolution was ADOPl'ED AS FOLLOWS: Voting Aye: Voting Noe: Absent: Comm. Armistead, Blake and Gottovi Comm. Barfield ChIn. O'Shields o Be it resolved by the Board of Commissioners of the County of New Hanover, as follows: (l) It is the intent of New Hanover County to acquire by negotiation or condemnation the right-of-way or interest therein for the proposed Northeast Interceptor Sewerage Facilities across the property now or formerly owned by the property owners listed on the attached sheets of Exhibit "A" as well as any others that may be omitted. It is also intended to acquire encroachment agreements with the North Carolina Department of Transportation where the proposed Northeast Interceptor occurs within existing right-of-way under state control. (2) County's attached It is the intent that this resolution serves notice of New Hanover intent to comply with the provisions of the "Limited Site Certificate" as Exhibi t liB". (3) The New Hanover County Attorney and the New Hanover County Director of Engineering and Facilities are directed to acquire the aforesaid rights- of-way with the assistance, as necessary, of right-of-way agents to be chosen by the Engineer. DISCUSSION ON TRASH PICKUP BY YOUTHFUL OFFENDERS Corom. Blake commented on his meeting with Judge Burnett and other concerned citizens about using youthful offenders for picking up trash and cleaning up illegal dumps in the County and their request for ,storage space for applicances and other large items and for $l,OOO to Purchase protective clothing to be used for this project. o ADDITIONAL ITEMS - COUNrY COMMISSIONERS AND COUNTY MANAGER comm. Blake MOVED to allocate $l,OOO to OAR to be used for this project and to allow the use of County property for storage of'appliances. After further discussion, Comm. Blake withdrew his motion until further information could be obtained. UPDATE ON STATUS OF CABLE TV ORDINANCE comms. Blake and Armistead commented on the Cable TV Ordinance and stated that a preliminary draft had been prepared and a copy forwarded to the Institute of Government for comments and it should be ready for the Board's consideration at the next meeting. DISCUSSION ON REQUEST FOR MEETING WITH NAACP Comm. Barfield commented on the meeting that the Commissioners had been requested to have with the NAACP and reported that he had recommended to them that they start sending a representative to attend the County Commission meetings so they could get an idea of what the Commissioners were doing before the Commissioners met with them. o APPOINTMENTS TO HUMAN RELATIONS COMMISSION Comm. Barfield MOVED, SECONDED by Comm. Gottovi, to accept the following names for appointment to the Human Relations Commission: Ms. Gayle Van Velsor to represent the League of Women Voters Ms. Minnie Williams to represent the NAACP Dr. James B. MacRae 9'5"1 o o o MINUTES OF REGULAR MEETrr:NG, JUNE l, 1981 (CONTINUED) , , l\DDITIONAL'ITEMS~"=-_,c - APPOINTMENTS TO HUMAN RELATIONS COMMISSION (CONTINUED) I Upon vote, the motion CARRIED AS FOLLOWS: 857 Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields DISCUSSION ON BILL TO HOLD PUBLIC HEARINGS BEFORE SUBMITTING LOCAL LEGISLATION Comm. Gottovi commented on the bill that had been submitted by the County's legislative delegation which would require public notice before requesting local legislation. Comm. Armistead MOVED, SECONDED by Comm. Blake, to go on record as' being opposed to this bill, and to inform the legislators that the Board does not understand the need for this legislation. Upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields APPOINTMENr OF COMM. BARFIELD TO HUMAN RELATIONS ORDINANCE AMENDMENT COMMITTEE Comm. Gottovi MOVED, SECONDED by Comm. Blake, to appoint Comm. Barfield to the Ordinance Amendment Committee of the Human Relations Commission. Upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Comm. Armistead, Barfield, Blake and Gottovi Absent: Chm. O'Shields ,. ,(. TERM SET FOR ELEANOR STEWART ON CBA. TASK FORCE Comm. Gottovi M9YED, SECONDED by Comm. Armistead, appointed for a 3;year term on the CBA Task Force. CARRIED AS FOLLOWS: that Eleanor'Stewart,bei Upon vote, the motion" Voting Ay~: Comm.' Armi,?tead, Barfield, Blake, and Gottovi Absel1t: . "Chm. O'Si)ields DISCUSSION ON BUDGET HEARING SCHEDULE Asst. County Manager Cannon requested direction from the Commissioners on the budget hearing schedule and the proposed schedule was revised accordingly. CHANGE OF DATE FOR ITEMS TABLED EARLIER IN THE MEETING -' .., , --, Comm. Gottovi MOVED, SECONDED by Comm. Armistead, to change the date for action on the following items from June l5 to June 8: Revenue Sharing Budget Capital Improvement Program Landfill Rate Increase. Upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfi~ld,'Blake and Gottovi Chm. O'Shields EXECUTIVE SESSION . Comm. Armistead MOVED, SECONDED by Comm. Blake, to recess the meeting to Executive Session to discuss personnel matters, committee appointments, litigation and contractual matters. Upon vote, ,the 'motion CARRIED AS FOLLOWS: '. Voting Aye: Absent: Comm. Aimistead, Barfield, Blake and Gottovi Chm. O'Shields , ' vice-Chm. Gottovi recessed the meeting to Executive Session at lO:54 o'clock p.m. Vice-Chm. Gottovi reconvened the 'meeting' to Public Session at ll:50 o'clock p.m. COMMITTEE APPOINTMENTS Corom. Gottovi MOVED, SECONDED by Comm. Blake, that the following Committee Appointments be approved: . I , Mr. Johnnie C. Parker III - Social Services -,3-yr. term Ms. Jo Ann Swart - Council on the Status of Women - 2.,.yr. term, Ms. Elaine DeShields - Council on the Status of Wome~ - 2-yr. term Ms. Shirlee Gearhart - Council on the Status of Women - 2-yr. term Upon vote, the motion CARRIED 'AS FOLLOWS: 858 , MINUTES OF REGULAR MEETING, JUNE l, 1981 (CONTINUED) ?? s-7 ADDITIONAL ITEMS - COUNTY COMMISSIONERS AND COUNTY MANAGER COMMITTEE APPOINTMENTS Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi Chm. O'Shields ADJOURNMENr UNTIL JUNE 8, 1981, AT 7: 00 P. M. Comm.Armistead MOVED, SECONDED by Comm. Blake, that the meeting be adjourned until June 8, 1981, at 7:00 P.M. Upon vote,the motion CARRIED AS FOLLOWS: Voting Aye: Absent: Corom. Armistead, Barfield, Blake and Gottovi Chm. O'Shields o Vice-Chm. Gottovi adjourned the meeting at ll:50 o'clock p.m. until June 8, 1981, at 7:00 p.m. Respectfully submitted, ~~./?~ Alyce B. Rusmisell Clerk to the Board MINUTES OF REGULAR MEETING CONTINUED TO JUNE 8, 1981 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 8, 1981, at 7:00 o'clock p.m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina:, (This meeting was a continuation of the Regular Meeting of June l, 1981.) Members present were Commissioners Howard L. Armistead, Jr.; Jonathan Barfield; Donald P. Blake; Karen E. Gottovi; County Manager G. Felix Cooper; County Attorney James C. Fox; and Clerk to the Board Alyce B. Rusmisell. Chm. Claud O'Shields, Jr. arrived late and was present for the rest of the meeting. Vice-Chm. Gottovi called the meeting to order and offered the invocation. o ADOPTION, OF CAPITAL IMPROVEMENT PROGRAM , At the meeting on May l8, a Public Hearing was held on the County's proposed Capital Improvement Program for 1981-90 and continued to the meeting of June l, 1981. County Manager Cooper and Asst. County Manager Cannon commented on the program. and answered questions that had come up during the public hearing. Parks and Recreation Director Mike Waters commented on the Parks and Recreation portion of the program. Comm. Blake MOVED, SECONDED by Comm. Gottovi, to adopt the proposed . Capital Improvement Program for 1981-90. After further discussion, Comm. Blake amended his motion to include that the Parks and Recreation portion of the program would be studied further. Comm. Gottovi accepted that amendment, and upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Gottovi' Chm.O'Shields LANDFILL RATE INCREASE At the meeting on June l, the Commissioners had considered a request from Waste llanagement to increase their landfill fees and action was postponed until June 8 to obtain additional, information on the reasons for the increase. o County Manager Cooper explained the request and recommended the increase be approved as there was already a provision in the contract for the increase. Comm. Armistead MOVED, SECONDED by Comm. Barfield, to approve the request from Waste Management to'increase their landfill fee $0.l4,per cubic yard effective July l, 1981.