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1980-10-06 Regular Meeting o o o MINUTES OF SPECIAL MEETING WITH PLANNING ~OARD, OCTOBER '3, 1980 (CONTINUED) SPECIAL USE PERMIT FOR A SANITARY LANDFILL (CONTINUED) , ' , , , r 1) A 50' buffer zone shall be retained along the property line 2) The operation of the facility mu~t be carried out in accordance with the standards and specifications!of the NC Department of Human Resources. 3) The permit is sUbject to further review and consideration according to Article VII of the New Hanover County Zoning Ordinance. 4) Subject to the requirements of Section 72-13 of the Zoning Ordinance. 5) Subject to this application being reviewed in one year. 671 Comm. Gottovi requested that the Board seriously consider a final resolution of this property after it was left so that the community would have something more positive to remember the County by than a landfill and suggested that it be considered in the parks and Recreation plan for the community; that perhaps I-2 zoning for this partic- 'ular area could be changed to something that would be a little ,more satisfactory in a rural and transitional community as most of this property was. She stated that she felt a motion to do that was a little premature because it would have to go through the process but she would like to consider the final resolution of this property along with the temporary use the Board was about to make of it. Planning Board Chairman Richard Sniffen commented that it was in the long range plan of the Planning Department to redefine many of the zoning areas in the County so there was a long range plan to bring those areas out in the County into some areas that were not zoned and 'to take a hard look at other areas to see whether or not they should be zoned something else than what they were presently zoned, and when that particular area was looked at with the long range rezoning plan maybe that could be addressed. Comm. Morgan SECONDED Chm. Williams motion for approval of the Special Use Permit and stated for the record that she was seconding the motion because the County had to have it; that it was temporary and that it was an emergency, but she wanted to make sure that it was temporary and she was not seconding something that was going to be there for awhile and she knew that everybody right there ,that day did believe that it would be temporary. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Gottovi, Morgan, O'Shields and Chm. Williams Comm. Armistead ADJOURNMENT Comm. O'Shields moved, seconded by Chm. Williams, that the meeting ,be adjourned. Upon vote, the motion carried as follows: voting Aye: Absent: Comm. Gottovi,Morgan, O'Shields and Chm. Williams Comm. Armistead Chm. Williams adjourned the meeting at 10:11 o'clock a. m. Respectfully sUbmitted, , ~,6,I?~ Alyce B. Rusmisell Clerk to the Board MINUTES OF REGULAR MEETING, OCTOBER 6, 1980 ASSEMBLY The New Hanover County Board of Commissione~s met in Regular Session on Monday, October 6, 1980, at 7:00 o'clock p. m. in the Assembly Room, New Hanoyer County Administration Building, Wilmington, North Carolina. Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; Janet S. Morgan; Claud O'Shields, Jr.; Chairman Ellen C. Williams, County Manager George F. Cooper; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. No Members were absent. Chm. williams called the meeting to order. Rev. Frank Moeslein of St. Marks Catholic Church gave the invocation. 672 MINUTES OF REGULAR MEETING, OCTOBER 6, 1980 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 15, 1980 The Clerk pointed out that on Page 662 under "Amendment ,to Contract With G. R. Bandy & Associates for Airpark Study" the Consent Agenda had called for authorization of the Chairman to execute the renegotiated Contract but the Contract had been prepared for the County Manager's signature and the County Manager had signed the original Contract; therefore, the Minutes show the action as authorizing the County Manager to execute the Contract. Upon MOTION by Comm. Gottovi, SECONDED by Conun. Morgan, the Minutes of the Regular Meeting of September 15, 1980, were unanimously approved as presented. APPROVAL OF CONSENT AGENDA Comm. Morgan requested clarification on Item 1 of the Consent Agenda, and Conun. O'Shields explained that this road was constructed before the County had strong Subdivision Ordinances and in the past if the State approved the roads for addition to the State System, the Conunissioners had gone along with the request as the State would maintain the roads and bring them up to State standards. o Upon MOTION by Conun. O'Shields, SECONDED by Conun. Morgan, the following Consent agenda items were unanimously approved: ADOPTION OF RESOLUTION REQUESTING ADDITION OF CHEYENNE TRAIL TO STATE SYSTEM The Commissioners adopted the SR-2 Resolution formally requesting the addition of Cheyenne Trail in Tanglewood Subdivision to the State Secondary Road System. A copy of the Resolution is on file in the Clerk's Office. AWARD OF BIDS FOR SHERIFF'S DEPARTMENT UNIFORMS Bids were received from the following companies for uniforms for the Sheriff's Department: Frank's Uniforms, Inc. Stinnette Uniform Sales, Inc. The Hub Uniform Company American Uniform Sales, Inc. A copy of the bid tabulation is contained in Exhibit Book VIII, Page 16. o The bid was awarded to the second lowest bidder, American Uniform Sales, ':as, recommended by the Sheriff's Department as the lowest bidder did not meet the bid specifications. Inc. , AWARD OF BID FOR PROGRAMMABLE' CALCULATORS FOR SOCIAL SERVICES DEPARTMENT The following bids were received on programmable calculators for the Department of Social Services: GAMMA Products, Inc. Monroe Calculator Co. $1,095. $1,272.30 The bid was awarded to the low bidder, GAMMA Products for the Food Stamp programmable calculators as recommended by the Social Services Director. BUDGET AMENDMENT - FINANCE OFFICE The following transfer was approved in the various departmental budgets to pay workmen's compensa~ion and business auto policy for fiscal year 1980/81: Debit - Acct. Ul 445 61, Contingencies $4,276. Credit- Acct. #11 421 54, Insurance & Bonds $ 27. Acct. Ul 425 54, Insurance & Bonds 338. Acct. Ul 537 54, Insurance & Bonds 369. Acct. Ul 540 54, Insurance & Bonds 2,263. Acct. Ul 555 54, Insurance & Bonds 1,060. Acct. Ul 600 54, Insurance & Bonds 219. o BUDGET AMENDMENT - PROPERTY MANAGEMENT The following amendment in the Property Management Account for bookkeeping purposes was approved: Debit - Acct. tll 495 18, M&R - Lucille Shuffler Bldg. Credit - Acct. tll 535 15, M&R - Buildings & Grounds $48,107. $48,107. o o o MINUTES OF REGULAR MEETING, OCTOBER 6, 19~0 (CONTINUED) 673 APPROVAL OF CONSENT AGENDA (CONTINUED) AUTHORIZATION TO SIGN EEOC CONTRACTS The County Manager was authorized to sign the Contracts for the EEOC Grant in the amount of $30,784 which was appropriated at the meeting of September 15 to implement the Fair Employment Programs for the County. A copy of the Contract is on file in the County Manager's Office. ACCEPTANCE OF 1974 FORD MAVERICK FROM CITY OF WILMINGTON Acceptance of a 1974 Ford Maverick from the City of Wilmington which was previously used by the joint Planning Department was authorized. AUTHORIZATION FOR ,EXECUTION OF STATE GRANT APPLICATION FOR UC/ICR REPORT The Chairman was authorized to sign the State Grant Application in the amount of $950 for preparation of a user Charge/Industrial Cost Recovery System report as required in the EPA regulations. ,A copy of the Grant application is on file in the County Manager's'Office. OUTSTANDING VOLUNTEER AWARDS Mrs. Carolyn Gruelle, Director of the Voluntary Action Center, gave the background of the Governor's Community Involvement Council Outstanding Volunteer Awards Program. Chm. Williams recognized the following award recipients from New Hanover County and presented a Certificate to Gen. Andrew H. Harriss, Jr. who was not able to travel to Kinston on September 29 to receive his award when the others were presented by the Governor. Lorraine Bartelt-Individual Human Service Volunteer Award Worth Bolton-Group Community Service Award Jay Meyers-Group Community Service Award David Sylvester-Group Community Service Award Kenny House-Group Community Service Award Knights of Columbus, St. Mary's Catholic Church-Church Group Community Achievement Al Sebian-Administrator of Volunteers EXECUTIVE,SESSION Chm. Williams recessed the meeting to Executive Session from 7:17 o'clock p.m. until 7:27 o'clock p.m. to discuss litigation matters with Attorney Alton Lennon, the County's legal counsel in the Law Enforcement Center litigation. AUTHORIZATION FOR EXECUTION OF RELEASE AND SETTLEMENT PAYMENT IN LAW ENFORCEMENT CENTER PHASE I LITIGATION , Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that based upon the advice of the Attorney, the County agree to pay in full discharge of all liabilities in regard to Phase I of the Law Enforcement Center, the amount of $77,729.42 from the retainage that was placed in General Capital Reserve, that the appropriate budget transfers ' be made in order to make this payment, and that the Chairman be authorized to sign the Release to Soil & Materials Engineers, Inc. Upon vote, the motion carried unanimously. FUNDING FOR ALBERT SCHWEITZER AWARDS Mr. Hugh MacRae II and other committee members, Dr. Gerald Shinn, Mr. Meares Harriss, and Mr. Richard Newell, appeared before the Board to request funding from the County in support of the Albert Schweitzer International Prizes to be awarded in Wilmington in April 1981 and answered questions from the"Commissioners. Comm. Gottovi MOVED, ,SECONDED by Comm. Morgan, to grant the request of $5,000 to fund one of the Albert Schweitzer Awards and the necessary budget transfer be made from Contingencies. Upon vote, the motion carried unanimously. PUBLIC HEARING - CHANGE OF NAME OF EDGEHILL DRIVE TO CANDLEWOOD DRIVE Notice had been given that the New Hanover County Board of Commissioners, in accordance with N. C. General Statute l53A-240, shall hold a public hearing at 7:00 o'clock p.m. on Monday, October 6, 1980, in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, to consider the renaming of Edgehill Drive in Cape Fear Township to Candlewood Drive. ,Chm. 'Williams asked if there was anyone present to speak on this matter, and no one appeared. 674 MINUTES OF !lliGULAR MEETING, OCTOBER 6, 1980 (CONTINUED) PUBLIC HEARING ~ CHANGE OF NAME OF EDGEHILL DRIVE TO CANDLEWOOD DRIVE (CONTINUED) Upon MOTION by Comm. O'Shields, SECONDED by COmm. Armistead, the following Ordinance was unanimously adopted: It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the renaming of Edgehill Drive, platted in Smith Creek Estates Subdivision Section "2A", (Deed Book 1135, Page 1426); running from North Carolina Secondary Road 1322 (Murrayville Road) south- southeast approximately 2640 feet to its southern terminus, and it further appearing that a public hearing was held on the sixth day of October, 1980, at which time all persons were heard on the 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 0 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 ,Candlewood Drive. IT IS FURTHER ORDERED that a copy of this ordinance be filed 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 6th day of October, 1980. PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of .Commissioners of New Hanover County on Monday, October 6, 1980, at 7:00 o'clock 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 LOCATED ON THE' WEST SIDE OF 0 U.S. HWY. 17, APPROXIMATELY 1750 FEET SOUTH OF EDGEWATER CLUB ROAD, FROM AN R-15 (SINGLE FAMILY RESIDENTIAL) DISTRICT TO AN I-I '(INDUSTRIAL) DISTRICT. Planning Director Dexter Hayes reported that the Planning Board had considered this request at its meeting on September 10 and recommended rezoning the property from R-15 to B-2 instead of I-I. The Planning Staff had also recommended the B-2 zoning. Chm. Williams asked if there was anyone present to speak in favor of this request, and Mr. Nelson Kelly, the Petitioner, appeared to request approval of the B-2 zoning. Chm. Williams asked if there was anyone present to speak in opposition, and no one appeared. Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, the B-2 zoning was approved and the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Areas 5 and 8-B of New Hanover County, North Carolina, Adopted July 19, 1971 and July 7, 1972, Respectively" was unanimously adopted. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 5, Page 11, and Section 8-B, Page 16. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY (APPROXIMATELY 3.9 ACRES) LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD(U. S. HIGHWAY 421) APPROXIMATELY 200 FEET SOUTH OF SILVER LAKE ROAD FROM R-15 (SINGLE FAMILY RESIDENTIAL) DISTRICT TO A B-2 (HIGHWAY BUSINESS) DISTRICT. 0 Planning Director Dexter Hayes reported that the Planning Board had considered this request at its meeting on September 10 and recommended approval. The Planning Staff had recommended denial. ChID. Williams asked if there was anyone present to speak in favor of this rezoning, and Mr. H. C. Wallace, representing the owner of the property, appeared before the Board to request approval and answer questions from the Commissioners. Chm. Williams asked if there was anyone present to speak in opposition and Mr. Michael Moser appeared to request denial of the rezoning. Mr. Moser recognized several other residents of the area who opposed the rezoning. o o o MINUTES OF REGULAR MEETING, OCTOBER 6, 1980 (CONTINUED) 675, PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY (APPROXIMATELY 3.9 ACRES) LOCATED ON THE EAST SIDE OF CAROLINA BEACH' ROAD (U.S. HIGHWAY 421) APPROXIMATELY ',200 FEET SOUTH OF SILVER LAKE ROAD FROM R-15 (SINGLE FAMILY ,RESIDENTIAL) DISTRICT TO A B-2 (HIGHWAY BUSINESS) DISTRICT. (CONTINUED) Comm. Gottovi MOVED to deny the rezoning request and ask the staff to review the zoning in that area and revise whatever is necessary. Other residents of the area and the real estate agent commented. Comm. Morgan SECONDED Comm. Gottovi's motion for denial, and upon vote, the motion carried as,follows: Voting Aye: Voting Noe: Comm. Armistead, Gottovi and Morgan Comm. O'Shields and Chm. williams ,1 PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION 'OF 'THE PLANNING BOARD TO DENY REZONING PROPERTY (APPROXIMATELY 1.18 ACRE) LOCATED ON' THE WEST SIDE OF AIRLIE ROAD APPROXIMATELY 332' FEET SOUTH OF THE INTERSECTION OF AIRLIE' ROAD AND HWY. 74/76 FROM R-15 (RESIDENTIAL) DISTRICT TO A B-1 (BUSINESS) DISTRICT. Planning Director Dexter Hayes reported that the Planning Board had considered this rezoning request at its meeting on August 6, 1980 and recommended denial. The Planning Staff had also recommended denial. Chm. Williams asked if there was anyone present to speak in faVor of this request and Mr. Algernon L. Butler, Jr., Attorney representing the owner of the property, appeared before the Board to request approval, and introduced Mr. Jay DeChesere, the Architect, who explained the proposed plans for the project. ChID. Williams asked if there was anyone present to speak in'opposition and Mr. Jeff Myles, Attorney representing opposing property owners, appeared to request denial. The following persons spoke in opposition to the request: Mr. Lowell Barnes Mr. R. A. Ashford Mrs. Lance Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the rezoning request was unanimously denied. BREAK ChID. Williams recessed the meeting for a break from 9:04 o'clock p.m. until 9:16 o'clock p.m. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY .35 ACRE) LOCA:!-,ED ON THE SOUTH SIDE OF STATION ROAD APPROXIMATELY 250 FEET EAST OF U. S. HIGHWAY 17 FOR A MACHINE SHOP IN A B-2 (HIGHWAY BUSINESS) DISTRICT. Planning Director Dexter Hayes reported that the Planning Board had considered this request at its meeting on September 10 and recommended approval with certain conditions. Chm. Williams asked if there was anyone present to speak in favor of this request and Mr. Herbert Fisher, owner of the property, and Mr. Frederick Ackerman, the proposed tenant, appeared to answer questions from the Board and request approval. No one appeared in opposition. After the Commission had considered ,the following four items and found them to be a 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. Armistead, to issue the Special Use Permit based on the following conditions as recommended by the Planning Board with an additional condition that all uses in relation to the machine shop be conducted within an enclosed structure: 676, MINUTES OF REGULAR MEETING, OCTOBER 6, 1980 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY .35 ACRE) LOCATED ON THE SOUTH SIDE OF STATION ROAD APPROXIMATELY 250 FEET EAST OF U. S~ HIGHWAY 17 FOR A MACHINE SHOP IN A B-2 (HIGHWAY BUSINESS) DISTRICT (CONTINUED) (1) Plan approved provided that no parking shall be permitted within ten (10) feet of the street right-of-way line; (2) That the Special Use Permit shall comply with the additional requirements placed on Machine Shops found in Section 72-23 of the County Zoning Ordinances; (3) A planted buffer be provided along the side property line between the business and the adjacent residential property, ' (4) That the Special Use Permit shall comply with all supplemental regulations 0 and requirements imposed by the Zoning Ordinance or any other Federal, State or Local Ordinance; Upon vote, the motion.carried unariimously. PUBLIC HEARING To CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 7.9 ACRES) LOCATED ON THE WEST SIDE OF' CAROLINA BEACH ROAD APPROXIMATELY 500 FEET SOUTH OF BARNARDS CREEK FOR A PRIVATE CLUB AND LODGE IN AN R-15 (SINGLE FAMILY RESIDENTIAL) DISTRICT. Planning Director Dexter Hayes reported that the Planning Board had considered this request at its meeting on September 10 and recommended approval with following conditions: (1) That the NC Department of Transportation approves the Moose Lodge request to construct driveway entrance on US Highway 421; (2) Approval of the site plan; (3) That internal drives and off-street parking spaces be adequately marked; (4) That there be a paved or otherwise improved parking area with marl or comparable base material to insure safe and passable traffic flow; (5) That all outdoor lighting shall be located so as not to shine or reflect directly onto adjacent residential properties; and (6) That this Special Use Permit shall comply with all supplemental regulations and restrictions imposed by the Zoning Ordinance and any other applicable Federal, State or Local Ordinances. Chm. Williams asked if there was anyone present to speak in favor of this application, and Mr. Mathias Hunoval, Attorney representing the Loyal Order of Moose who were the applicants, to request approval. No one appeared in opposition. After the Commission had considered the following four items and found them to ,be fact, (a) that the use wouid not materially endanger the public health or safety if located where proposed and developed according to th~ 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 h~ony with the area in which it was to be located and in general conformity with the plan of development for New Hanover COunty, Comm. Armistead MOVED, SECONDED by Comm. Gottovi, that the Special Use Permit be issued as recommended by the Planning Board. upon vote, the motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 2.4 ACRES) LOCATED ON THE NORTH SIDE OF WRIGHTSVILLE AVENUE BETWEEN THE INTERSECTIONS OF WRIGHTSVILLE AVENUE AND RAINBOW DRIVE FOR A DAY CARE CENTER IN AN R-12 (SINGLE FAMILY RESIDENTIAL) DISTRICT. Planning Director Dexter Hayes reported that the Planning Board had considered this application at its meeting on September 10 and recommended approval. ChID. Williams asked if there was anyone present to speak in favor of this application or in opposition and no one appeared. o o o o o I' ,.' I MINUTES OF REGULAR MEETING, OCTOBER 6, 1980 (CONTINUED) 677 PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 2.4 ACRES) WCATED ON THE NORTH SIDE' OF WRIGHTSVILLE AVENUE BETWEEN THE INTERSECTIONS' OF WRIGHTSVILLE AVENUE AND' RAINBOW DRIVE FOR A DAY CARE CENTER IN' AN R~15 (SINGLE FAMILY RESIDENTIAL) DISTRICT. (CONTINUED) 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. Armistead, that the Special Use Permit be issued based on the,'saine conditions as recommended by thee'Planning ',Board; upon vote, ,:the motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERrY (APPROXIMATELY .5 ACRE) LOCATED ON THE SOUTH SIDE OF A PRIVATE ROAD TO CEDAR ISLAND APPROXIMATELY 1,000 FEET SOUTHWEST OF THE END OF OLD MILITARY ROAD FOR A COMMUNITY BOATING FACILITY IN AN R-20 (RESIDENTIAL) DISTRICT. Planning Director Dexter Hayes reported that the Planning Board had considered this application atcits meeting on September 10 and recommended approval subject to certain conditions. Chm. Williams asked if there was anyone present to speak in favor of this application, and Mr. Dumay Gorham, Attorney for the petitioners, appeared to request approval. Cbm. Williams asked if there was anyone present to speak in opposition, and Mr. George Clark, Attorney for the opposing property owners, appeared to request denial of the application, and presented letters from 2 realtors giving their opinion on the damage to the value of the property of one of his clients. Mr. Gorham presented two letters from realtors g~v~ng their opinions that the facility 'would not devalue the surrounding property. 1 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. Armistead MOVED, SECONDED by Comm. Morgan, that the Special use Permit be issued with the following conditions as recommended by the Planning Board: (1) Approval of the site plan; (2) The Special Use Permit complying with the Additional requirements placed on Community Boating Facilities found in Section 72-30 of the Ordinance; (3) The right to use such facility being conferred by an easement appurtenant to the residential lot(s) it is intended to serve; (4) The prohibition"of commercial activities of any kind within the confines of the facility; (5) The prohibition of all permanent parking of cars, trailers or boats on the grounds of the Quail Woods Access Corporation. Permanent shall mean 24 hours or more; (6) The area adjacent to the facilities of the Quail Woods Access Corporation as well as the lagoon being considered a no wake zone; and (7) The Special use Permit complying with all supplemental regulations and requirements imposed by the Zoning Ordinance or any other Federal, State or Local Ordinance. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, Gottovi, Morgan andO'Shields Chm. Williams i 678 MINUTES OF REGULAR MEETING, OCTOBER 6, 1980 (CONTINUED) TABLING OF DISCUSSION ON SIGN REGULATIONS Chm. Williams MOVED, SECONDED by Comm. Armistead, to postpone 'discussion on the sign regulations to the next meeting. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, Gottovi, O'Shields and Chm. Williams Comm. Morgan ADDITIONAL STAFF POSITION AT AGRICULTURAL EXTENSION OFFICE Mr. Pete Lewis, Agricultural Extension Chairman, appeared before the Board to answer questions on his request for County funding for 50% of an additional staff position at the Agricultural Extension Office in the amount of $7,000 - $10,000 annually. Upon MOTION by Comm. Armistead, SECONDED by Comm. o ',Shields" the funding of 50% of the salary for an additional staff position at the Agricultural Extension Office and the necessary budget amendment appropriating the additional funds was unanimously approved. o BUDGET AMENDMENT - NEH GRANT AWARD FOR MUSEUM Museum Director Janet Seapker appeared before the Board to answer questions on the grant received from the National Endowment for the Humanities in the amount of $14,290. upon MOTION by Comm. Armistead, SECONDED by Comm. O'Shields, the following budget amendment appropriating the grant funds was unanimously approved: Debit - Acct. Ul 349 22, Museum - National Endowment for Humanities Grant $14,290 Credit - Acct. Ul 625 04, Professional Services $12,470 Acct. Ul 625 45, Contracted Services 1,820 PROPOSED AVIATION BUSINESS AT AIRPORT ,Airport Manager R. C. Shackelford, Jr. appeared before the Board to explain and answer questions on the proposed establishment of an aircraft refurbishing and rebuilding business at the Airport and the rental of the present CFR station to that business for 9 years at a rental rate of $400 per month. Mr. Shackelford reported that the CFR vehicles and crew would be relocated to temporary quarters constructed by the proposed lessee. o COmm. Armistead commented on the proposal and recommended approval. Comm. Armistead MOVED, SECONDED by Comm. Morgan, to approve the concept of the proposed business with the details of the lease to be worked out, and to give the Airport Manager the authority:to approve the plans of the building so that he would not have to go back through the Airport Commission and back to the County Commission which would mess up their time schedule, and that the agreement include that the building would be free and clear of all liens and encumbrances. Upon vote, the motion carried unanimously. IMPROVEMENT OF ROAD INTO HUGH MACRAE PARK AND PLANS FOR NEW PICNIC FACILITIES Director of Parks & Recreation Mike Waters reported to the Board that the road from Long Leaf Hills Subdivision into Hugh MacRae Park was an existing right-of-way and needed to be improved. Comm. O'Shields MOVED, SECONDED by Comm. Morgan, to authorize the Parks & Recreation Director to look into working with the State and getting some kind of cost estimate on improving that road and bring it back to the Board for approval. Upon vote, the motion carried unanimously. The Director also presented some plans for a new picnic facility constructed at Hugh MacRae Park and requested approval of the plans. that the funds had already been included in the FY 1980-81 budget. to be He reported o Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the plans were unanimously approved as presented. APPROVAL OF REVENUE BONDS FOR CAROLINA POWER & LIGHT COMPANY County Attorney James Fox represented the New Hanover County Industrial Facilities and Pollution Control Financing Authority in presenting the following information and resolution pertaining to the issuance of Revenue Bonds for Carolina Power & Light Company: o o cD MINUTES OF REGULAR MEETING, OCTOBER 6, 1980 (CONTINUED) 679 APPROVAL OF REVENUE BONDS FOR CAROLINA POWER & LIGHT COMPANY (CONTINUED) A representative of The New Hanover County Industrial Facilities and Pollution Control Financing Authority appeared before the Board and advised the Board that the Authority had adopted a bond resolution authorizing the issuance of revenue bonds in the principal amount of ~6,000,000 and the execution and delivery of financing documents pertaining to the financing of pollution control facilities in New Hanover County for Carolina Power & Light Company (the "Company"). The representative submitted to the Board drafts of a Bond Purchase Agreement proposed to be entered into by the Authority and Kidder, Peabody & Co., Incorporated, Wheat First Securities, Inc., carolina Securities Corporation and Interstate Securities Corporation (collectively, the "Underwriters"), a Trust Indenture between the Authority and First Union National Bank of North Carolina, as Trustee, and a Loan Agreement between the Authority and the Company. The representative further stated that the Bond Purchase Agreement set forth the terms of the revenue bond financing, including the proposed issuance and sale of the bonds to the 'underwriters at.a price of 98.50% of' the principal amount thereof and requested that the Board approve the issuance of the bonds. The representative of the Authority also stated that Robert W. Helms, one of the Commissioners of the Authority, is also a Vice President of the First Union National Bank of North Carolina, the Trustee, and that Mr. Helms had not voted or otherwise participated in the proceedings of the Authority appointing the Trustee. Commissioner Claud O'Shields, Jr. then introduced the following resolution which was read at length. WHEREAS, the Board of County Commissioners has created a political subdivision and body corporate and politic of the State of North Carolina known as "The New Hanover County Industrial Facilities and Pollution Control Financing Authority" (the "Authority"); and WHEREAS, the Authority is 'authorized under the Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina, as amended (the "Act"), to issue revenue bonds for the purpose, among others, of paying all or any part of the cost of any pollution control project for a public utility, to acquire, construct and install any such project, and to make and execute financing agreements, security documents and other contracts and instruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority proposes to issue its revenue bonds in the aggregate principal amount of $6,000,000 (the "Bonds") and to loan the proceeds thereof to carolina Power & Light Company (the "Company") to finance a portion of the costs of the acquisition, construction and installation of certain air pollution control facilities (the "Project") at the Company's L. V. Sutton Electric ,Plant near Wilmington; and ' WHEREAS, the Board has heretofore approved ,the Project in principle; and WHEREAS, the Act provides that no bonds shall be issued thereunder unless the issuance thereof shall have been approved by the governing body of the County and the Board desires to approve the issuance of the Bonds by the Authority; and WHEREAS, the Board has considered the Bond Purchase Agreement presented to it setting forth the terms of the revenue bond financing; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ,of the County of New Hanover as follows: (1) The issuance of the Bonds by the Authority is hereby approved. (2) The Clerk of the Board of Commissioners is hereby authorized and directed to provide certified copies of this resolution to the Local Government Commission and to Bond Counsel~ (3) This resolution shall take effect immediately upon its passage. Commissioner Claud o 'Shields , Jr. moved the passage of the foregoing resolution and Oommissioner Howard L. Armistead, Jr. seconded the motion, and the resolution was passed by the following vote: Ayes: Nays: Comm. Armistead, Gottovi, Morgan, 0' Shields, and Chm. Williams None 680 MINUTES OF REGULAR MEETING, OCTOBER 6, 1980 (CONTINUED) POSTPONEMENT OF PROPOSAL FOR SOLID WASTE DISPOSAL Mr. J. L. McDonald had requested time to present his proposal for a solid waste disposal plan; however, he asked that he be allowed to come back to the next Commission meeting so that he would have an opportunity to talk with the County's consultants and the County Engineer before presenting his proposal. It was agreed to wait until a later meeting and listen to all proposals on solid waste disposal in some type of organized format.' AUTHORIZATION FOR COUNTY MANAGER TO APPROVE DEMOLITION OF BUILDINGS Upon MOTION by Comm. Armistead, SECONDED by Comm. Morgan, authorization for the County Manager to approve the demolition of City/County owned buildings when the City of Wilmington deemed it appropriate was unanilOOusly approved. o POST, BUCKLEY, SCHUH & JERNIGAN REPORT ON SOLID WASTE DISPOSAL ALTERNATrVES Mr. Kevin Cooley, of Post, Buckley, Schuh & Jernigan, the County's ConSUlting Engineers for solid waste disposal, presented to the Board a Progress Report for the New Hanover County Solid Waste Project, Phase III - Long-Range Solid Waste Management Plan. Mr. Cooley outlined the Report and answered questions from the Commissioners. The Commissioners commented on the Report. County Manager Cooper commented on the Report. Comm. Morgan MOVED that the Commissioners commit to seriously consider continuing the concept of volume reduction. Mr. William S. Funderburg commented. Comm. Gottovi SECONDED Comm. Morgan's motion and upon vote, the motion carried unanimously. Mr. R. M. McIver commented. o ADDITIONAL ITEMS - COUNTY COMMISSIONERS AND COUNTY MANAGER DISCUSSION ON MEETING WITH SURROUNDING COUNTY OFFICIALS Chm. Williams commented on the discussions with Columbus County on that afternoon. Comm. Gottovi MOVED, SECONDED by Comm. Morgan to ask the Council of Governments to set up a meeting with all the counties in Region "0", along with the mayors of the municipalities in the counties, to discuss the regional needs for solid waste disposal. Upon vote, the motion carried unanimously. Col. Robert S. Milner commented. Mr. John Lorek commented. LETTER CONTINUING WASTE MANAGEMENT CONTRACT County Manager Cooper requested authority to sign a letter addressed to Waste Management, Inc. authorizing them to operate the New Hanover County interim' landfill site off Blue Clay Road under the same agreement made June 18, 1979, between New Hanover County and Waste Management, Inc. of North Carolina. The letter would only change the address of the interim site, and all other conditions of the agreement would apply to the Blue Clay Road interim site. Upon MOTION by Chm. ,Williams, SECONDED by Comm. O'Shields, authority for ~e County Manager to sign the letter was unanimously approved. 0, ADDITIONAL SERVICES FROM POST, BUCKLEY, SCHUH & JERNIGAN County Manager Cooper reported that additional services would be needed from Post, Buckley, Schuh & Jernigan in the design and permitting procedures for the Blue Clay Road landfill site and requested authorization of the additional services. Comm. Armistead MOVED, SECONDED by Comm. O'Shields, to authorize the additional services of Post, Buckley, Schuh & Jernigan as per the original contract signed on a per hour and charge basis. Upon vote, the motion carried unanimously. o o o MINUTES OF REGULAR MEETING, OCTOBER 6, 1980 (CONTINUED) 681 ADDITIONAL ITEMS - COUNTY COMMISSIONERS AND COUNTY MANAGER ( CONTINUED) AUTHORIZATION FOR COUNTY MANAGER TO' PAY BILLS FOR BLUE' CLAY ROAD LANDFILL County Manager Cooper requested authorization to pay fnvoices received on additional services necessary in preparing the Blue Clay Road Landfill site if he considered them reasonable 'when they came in. He st~ted that invoices would be received from Steve Zimmerman ,for marl work ~nd from Henry von Oesen & Associates for survey and boundary work. Upon MOTION by Comm. Armistead, SECONDED by Comm. o 'Shield;> , authorization for the County Manager to pay the invoices received on additional services necessary in preparing the Blue Clay Road Landfill site was unanimously granted. DISCUSSION ON BIKEWAYS Chm. williams commented on a letter she had received from the City of Wilmington requesting the appointment of a Commissioner to serve on an advisory team to study a 'b~cycle facilities plan. Comm. Gottovi agreed to serve on the committee. DEFERMENT OF COMMITTEE APPOINTMENTS Comm. O'Sheilds MOVED that the Committee appointments be deferred until the second meeting in October. EXECUTIVE SESSION Comm. O'Sheilds MOVED, SECONDED by Comm. Armistead, that the meeting be recessed to Executive Session to discuss a legal matter with the County Attorney. Upon vote, the motion carried unanimously. Chrn. Williams recessed the meeting to Executive Session at 11:52 o'clock p.m. Chrn. Williams reconvened the meeting to, Public Session at', 11:55 o'clock p.m. ADJOURNMENT Comm. Armistead MOVED, SECONDED by Comm. upon vote, the motion carried unanimously. II Morgan, that the meeting be adjourned. Chrn. Williams, adjourned the meeting at 11:55 o'clock p.m. Respectfully submitted, ~,6,~~ Alyce B. Rusmisell Clerk to the Board . MINUTES OF REGULAR MEETING, OCTOBER 20, 1980 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on ,Monday, October 20, 1980, at 9:00 o'clock a.m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present 'were Commissioners Howard L. Armistead, Jr.; Karen E. Claud O'Shields, Jr.; Chairman Ellen C. Williams; County Manager George F. County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. Janet S. Morgan was absent. Gottovi; Cooper; Comm. Chm. Williams called the meeting to order. Rev. B. A. Harper of the Pine Valley Church of God offered the invocation. APPROVAL OF MINUTES: SPECIAL MEETING, SEPTEMBER 26 AND 29, 1980; SPECIAL MEETING OCTOBER 3, 1980; AND REGULAR MEETING, OCTOBER 6, 1980 Comm. Gottovi pointed out that in the Minutes of the Regular Meeting of October 6, 1980, on page 673 under "OUtstanding Volunteer Awards" Lorraine Bartelt's name was misspelled. The Clerk advised that the error had already been corrected in the c Minute book.