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1984-01-03 Regular Meeting 477 MINUTES OF REGULAR MEETING, JANAURY 3, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, January 3, 1984, at 7:25 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. I Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman Karen E. Gottovi; County Manager G. Felix Cooper; County Attorney Robert W. Pope; and Deputy Clerk to the Board Joyce B. Bragg. Rev. Luther (Billy) Peele, Pastor of Oleander and Devon Park United Methodist Churches gave the invocation. APPROVAL OF MINUTES OF SPECIAL MEETING, DECEMBER 6, 1983 AND DECEMBER 12, 1983, AND REGULAR MEETING OF DECEMBER 19, 1983 Commissioner Barfield asked to be excused from voting on approval of the Minutes of the Special Meeting of December 6, 1983, as he was not present at the meeting. Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to approve the minutes of the Special Meeting of December 6, 1983. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Blake Commissioner O'Neal Commissioner O'Shields Chairman Gottovi Abstaining: Commissioner Barfield I Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the minutes of the Special Meeting of December 12, 1983. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi pointed out a correction to the Minutes of the Regular Meeting of December 19, 1983, on page 472 she would like to be listed as voting Noe. Commissioner O'Shields MOVED, SECONDED by Commissioner Blake that the minutes of the Regular Meeting of December 19, 1983, be approved with the correction. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMENTS FROM GENERAL PUBLIC Chairman Gottovi asked if members of the general public wished to address the Commissioners on items on the Consent Agenda or any subject that was not on the Agenda. Mr. M. H. Vaughan commented. APPROVAL OF CONSENT AGENDA Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the Consent Agenda as follows. Upon vote, the MOTION CARRIED UNANIMOUSLY. I APPROVAL OF POSITIONS IN HOME HEALTH - HEALTH DEPARTMENT The Commissioners approved the addition of two Home Health Aid positions and a Clerical position, with the first.aide position and the Clerical position to be added as soon as possible and the second aide position to be added on April 1, 1984, without additional County funds. BUDGET AMENDMENT APPROVED BY COUNTY MANAGER - DATA PROCESSING The following Budget Amendment in the Data Processing Budget was approved by the County Manager and reported for the record: Debit Credit - Acct. #11 3390 890, Miscellaneous Acct. #11 4132 421, Supplies $150 $150 478 MINUTES OF REGULAR MEETING, JANUARY 3, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) CHANGE ORDER No. 002 AND BUDGET AMENDMENT - REFUSE FIRED STEAM PLANT - ENGINEERING & FACILITIES DEPARTMENT The Commissioners approved Change Order No. 002 and the following Budget Amendment in the Engineering & Facilities Department Budget for the Refuse Fired Steam Plant to provide a badge reader, badge writer, high speed printer, and associated computer equipment: Debit - Acct. #50 9800 911, Contingencies Credit - Acct. #50 4750 325, Construction $11,086 $11,086 The Chairman was authorized to execute the Change Order. APPROVAL OF CHANGE ORDER NO. 2 - HARNETT CONSTRUCTION COMPANY - AIRPORT The Commissioners approved Change Order No. 2 to the Harnett Construction Company Contract for the AIP-Ol Project to provide for drainage improvements at the New Hanover County Airport, with no change in the contract price. The Chairman was authorized to execute the Change Order. ADOPTION OF RESOLUTION TO ELECT A TAX SHELTER OF EMPLOYEES' CONTRIBUTIONS The Commissioners adopted a Resolution to Elect A Tax Shelter of Employees' Contributions Payable as Members of the Law Enforcement Officer's Retirement System of the State of North Carolina. A copy of the Resolution as adopted is contained in Exhibit Book XI, Page 9. r PROCLAMATION - PUBLIC RADIO MONTH Chairman Gottovi recognized Mrs. Pricilla Balaban and Ms. Patricia Snyder of Radio Station WHQR and read the following proclamation to declare February, 1984, as Public Radio Month: PROCLAMATION WHEREAS, the North Carolina General Assembly in 1979 enacted a bill stating "at least one public radio signal shall be made available to every resident of North Carolina"; and WHEREAS, the Friends of Public Radio, Inc., has built a full-service community public radio station in New Hanover County; and WHEREAS, such a community-based public radio station has received documented enthusiastic support from community leaders and organizations and the public at large; and WHEREAS, the Commissioners of New Hanover County have endorsed and encouraged the efforts of Friends of Public Radio, Inc. to build and operate a full-service public radio station in New Hanover County, and WHEREAS, Fr iends of Public Radio, Inc. will begin operating the first public radio station in Southeastern North Carolina this Spring; r NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners declare February as PUBLIC RADIO MONTH in New Hanover County. Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to authorize the Chairman to execute the proclamation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mrs. pricilla Balaban commented. "-- 479 MINUTES OF REGULAR MEETING, JANUARY 3, 1984 (CONTINUED) PUBLIC HEARINGS Notice had been given that a Public Hearing would be held by the Board of County Commissioners of New Hanover County on January 3, 1984, at 7:00 o'clock P.M. in the Assembly Room of the County Administration Building, Wilmington, North Carolina to consider the following items. I DISCUSSION OF POSTPONEMENT OF ITEM 110 Chairman Gottovi stated that the petitioner had requested postponement of Item #10 and in light of the fact that people in opposition had made an effort to attend the Public Hearing, then it should be heard. PUBLIC HEARING TO ADOPT AN ORDER TO CLOSE ALL OF SKELDING AVENUE AND A PORTION OF MACRAE AVENUE A Resolution of Intent to Close all of Skelding Avenue and a portion of MacRae Avenue was adopted by the Commissioners at their Regular Meeting of December 5, 1983, and that a Public Hearing would be held on January 3, 1984 and had been duly advertised for four weeks in accordance with the Road Closing Ordinance of New Hanover County that a Public Hearing would be held on January 3, 1984. Chairman Gottovi asked if anyone present wished to speak in favor of the road closing. Mrs. Betie Huggins, adjoining property owner commented. Chairman Gottovi asked if anyone present wished to speak in opposition of the Road Closing. No one appeared to speak. I Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields that an Order to Close all of Skelding Avenue and a portion of MacRae Avenue in Villa View Subdivision be adopted. Upon vote the MOTION CARRIED UNANIMOUSLY. A copy of the Order as adopted and executed is contained in Exhibit Book XI, Page 9. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO THE WILMINGTON/NEW HANOVER POLICIES FOR GROWTH AND DEVELOPMENT CONCERNING DEVELOPMENT ON BARRIER ISLANDS IN THE COUNTY Dexter Hayes, Planning Director, gave background information, stating that in November 1983, a Resolution was adopted by the Commissioners to approve the Hurricane Protection Plan, which the County Planning Department prepared as a result of the Moritorium on Development on Barrier Islands and MapQnboro Island specifically. This text change to the Land Use Plart is a follow through of that Resolution. The City Planning Board and the County Planning Board have recommended approval of the Text Amendment. Chairman Gottovi asked if anyone present wished to speak in favor of the Text Amendment. I Mr. M. H. Vaughan asked that the wording be changed from should to shall. Mr. Knight asked why the City must approve the amendments to the Land Use Plan and not Carolina, Kure or Wrightsville Beaches. Chairman Gottovi asked if anyone present wished to speak in opposition of the Text Amendment. No one appeared to speak in opposition. Commissioner O'Neal MOVED, SECONDED by Commissioner O'Shields to adopt an order amending the wilmington/New Hanover Policies for Growth and Development by adding the policies adopted by the County Commissioners to Section 2, Resource Protection policies 2.2, Ocean Hazard Areas of Environmental Concern, changing the words "should" to "shall" in paragraph 2.2(3). Upon vote the MOTION CARRIED UNANIMOUSLY. 480 MINUTES OF REGULAR MEETING, JANUARY 3, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO WILMINGTON/NEW HANOVER POLLICIES FOR GROWTH AND DEVELOPMENT (CONTINUED) A copy of the Order as adopted and executed to amend the Wilmington/New Hanover Land Use Plan PolicieS for Growth and Development, Adopted March 22, 1982, is contained in Exhibit Book XI, Page 10. r PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT AMENDING ARTICLE II, DEFINITIONS, SECTION 23, ARTICLE V, DISTRICT REGULATIONS, SECTION 50-2, AND ARTICLE VI, SUPPLEMENTARY DISTRICT REGULATIONS TO ESTABLISH ZONING REGULATIONS FOR DEMOLITION- LANDSCAPE LANDFILLS Dexter Hayes, Planning Director, gave background information stating that the planning staff prepared this amendment to establish zoning regulations governing the location of these facilities throughout the County in response to several complaints about the use and operation of demolition landscape landfills in or near residential subdivisions. The Planning Board recommended approval of the amendment. Commissioner Barfield expressed concerns for safety of children playing in unfinished landfills and the streets and damage to streets by allowing trucks to travel and dump in residential districts stating he would not support Demolition- Landscape Landfills in R-15 Residential Districts. Staff Attorney, Ken Silliman cautioned the Commissioners concering conflict with any existing contract the County has with Waste Industries. Chairman Gottovi suggested the Public Hearing be continued until February 6, 1984, to allow time for the County Attorney to research the landfill contract to find out what the Commissioners' responsibilities are and asked the Commissioners who have reservations to submit proposals. r Commissioner Blake MOVED, SECONDED by Commissioner O'Shields to continue the Public Hearing to consider a Zoning Ordinance Text Amendment amending Article II, Definitions, Section 23, Article V, District Regulations, Section 50-2, and Article VI, Supplementary District Regulations to Establish Zoning Regulations for Demolition-Landscape Landfills until the Regular Meeting of February 6, 1984. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Gottovi recessed the meeting for a break at 8: 25 o'clock P.M. until 8:45 o'clock P.M. PUBLIC HEARING TO CONSIDER AN APPEAL ON REZONING OF PROPERTY APPROXIMATELY 8.82 ACRES LOCATED ON THE EAST SIDE OF SOUTH COLLEGE ROAD, APPROXIMATELY 1,400 FEET NORTH OF MONKEY JUNCTION FROM AN R-15 RESIDENTIAL DISTRICT TO A B-2 HIGHWAY BUSINESS DISTRICT. Planning Director Hayes gave background information stating the Planning Board recommended denial of the request. The Planning Staff also recommended denial. .. Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning request. Mr. Edward Coombs, one of the peti tioners requested postponement of the Public Hearing, stating his spokesman was out of town and his presentation was incomplete. Chairman Gottovi asked how many people present were in opposition to the Rezoning request. A large group of surrounding property owners opposing the request stood to be recognized. "-- 481 MINUTES OF REGULAR MEETING, JANUARY 3, 1984 (CONTINUED) I PUBLIC HEARING TO CONSIDER REZONING OF PROPERTY APPROXIMATELY 8.82 ACRES LOCATED ON THE EAST SIDE OF SOUTH COLLEGE ROAD, APPROXIMATELY 1,400 FEET NORTH OF MONKEY JUNCTION FROM AN R-15 RESIDENTIAL DISTRICT TO A B-2 HIGHWAY BUSINESS DISTRICT (CONTINUED) Chairman Gottovi called for a MOTION to postpone the Public Hearing. Due to lack of MOTION, Chairman Gottovi denied the petitioner's request for postponement due to the fact that they must hear the opposition. Mr. Coombs, the petitioner gave a brief presentation displaying photographs and a sketch of the property showing the buffer canal behind the property. Chairman Gottovi asked if anyone present wished to speak in opposition of the request. The following persons appeared to speak in opposition. Mr. Arnold Bier, representing Greenbriar Subdivision residents. Mr. John Fitzpatrick Mr. Dennis Sporea, adjoining property owner Mrs. Geneva Fitzpatrick Mr. Jerry Moore I Commissioner O'Neal expressed concern over setting a bad precedent and he sees no particular reason for rezoning this property. Commissioner O'Neal MOVED, SECONDED by Chairman Gottovi to adhere to the appeal from the Planning Board's decision to deny rezoning of property approximately 8.82 acres located on the east side of South College Road, approximately 1,400 feet north of Monkey Junction from an R-15 Residential District to a B-2 Highway District. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Gottovi recessed the meeting for a break at 9: 30 o'clock P.M. until 9:50 o'clock P.M. PUBLIC HEARING TO CONSIDER AN APPEAL ON REZONING PROPERTY APPROXIMATELY 5 ACRES LOCATED ON THE EASTSIDE OF CAROLINA BEACH ROAD, DIRECTLY ACROSS FROM GRAND CHAMPION ROAD FROM AN R-15 RESIDENTIAL DISTRICT TO A B-1 OR B-2 BUSINESS DISTRICT Planning Director Hayes gave background information stating that the Planning Board had recommended denial because B-2 zoning would allow a wide number of objectionable uses besides what was proposed for the property. Chairman Gottovi asked if anyone present wished to speak in favor of the appeal request. The following persons appeared to speak in favor of the rezoning:. Mr. Michael Mitwol, Attorney for the petitioner, stated that the petitioner lacked sophistication in his request for B-2 rezoning and would like to change his request to B-1 rezoning. I Mr. Benjamin Rivenbark, the petitioner spoke in favor of the B-1 rezoning request. Chairman Gottovi asked if anyone present wished to speak in opposition to the request. Mr. Donald Peterson, who lives across the street from the property in question and expressed concerns wi th a closed recreational area being used as a trash dump. Chairman Gottovi suggested that he notify Sgt. Manning of the Sheriff's Department and the Clean Community Commission of the dumping in the neighborhood. Commi ssioner O'Neal MOVED that the appeal request on rezoning property approximately 5 acres located on the eastside of Carolina Beach Road, directly across from Grand Champion Road 4 8;~ MINUTES OF REGULAR MEETING, JANUARY 3, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL ON REZONING PROPERTY APPROXIMATELY 5 ACRES LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD, DIRECTLY ACROSS FROM GRAND CHAMPION ROAD FROM AN R-15 RESIDENTIAL DISTRICT TO A B-1 OR B-2 BUSINESS DISTRICT. (CONTINUED) from an R-15 Residential District to a B-1 or B-2 Business District be denied. The MOTION DIED due to lack of a second. Commissioner O'Shields MOVED, SECONDED by Commissioner Blake that this property, plus the adjoining Haywood tract, be rezoned to B-1. Upon vote the MOTION FAILED AS FOLLOWS: Voting Aye: Commissioner 'Blake Commissioner O'Shields Voting Noe: Commissioner Barfield Commissioner O'Neal Chairman Gottovi PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE PLANNING BOARD'S DECISION TO DENY AN AMENDMENT TO THE WILMINGTON-NEW HANOVER COUNTY LAND CLASSIFICATION MAP BY EXTENDING THE URBAN SERVICES BOUNDARY FROM A POINT 300 FEET WEST OF SUMMER REST ROAD (SR 2417) TO THE WESTERN EDGE OF THE US 74/76 BRIDGE TO WRIGHTSVILLE BEACH. Planning Director Hayes gave background information stating that the Planning Board recommended denial of the amendment, stating that this hearing is only to change the map, by moving the boundary of the urban services area, not land classification. The Planning Department Staff recommended expanding the Urban Services Area boundary south of the centerline of Mott' s Creek and east to Summer Rest Road. This would place the entire Babies Hospital property in the Urban Services Zone. Chairman Gottovi asked if anyone present wished to speak in favor of the Amendment. Mr. John Mobley, the petitioner appeared to speak in favor of the Amendment stating that he had a CAMA permit to construct a high density office complex, however, with this map change could build a more desirable, high density residential complex if Urban Services Area Map is amended. Mr. Mobley asked for change in the map to agree with existing land use. Chairman Gottovi asked if anyone present wished to speak in opposition of this Amendment. The following persons commented in opposition: Mr. Bill Raney, Attorney representing property owners of Summer Rest Road. He commended the staff for their assistance on this issue. Dr. Don Getz Mrs. Lantz Smith Mr. M. H. Vaughan commented on behalf of Quality of Life Alliance regarding rural services and urban density. Mrs. Joy Hines, Jan Hardwick and Mr. L. T. Hines spoke in oppostion of the change. Commissioner O'Shields MOVED, SECONDED by Commissioner Blake, to change the Urban Services Boundary Line to cover the Babies Hospital property to the Summers Rest Road. r- i'-.. 483 MINUTES OF REGULAR MEETING, JANUARY 3, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE PLANNING BOARD'S DECISION TO DENY AN AMENDMENT TO THE WILMINGTON-NEW HANOVER COUNTY LAND CLASSIFICATION MAP BY EXTENDING THE URBAN SERVICES BOUNDARY FROM A POINT 300 FEET WEST OF SUMMER REST ROAD (SR 2417) TO THE WESTERN EDGE OF THE US 74/76 BRIDGE TO WRIGHTSVILLE BEACH. Upon vote the MOTION FAILED AS FOLLOWS: I Voting Aye: Commissioner O'Shields Voting Noe: Commissioner Barfield Commissioner Blake Commissioner O'Neal Chairman Gottovi Commissioner Barfield expressed his concern with set back requirements for construction in the area and MOVED to continue the Public Hearing to allow time for the the Planning Staff to answer points discussed regarding setback requirements. The MOTION DIED for lack of a second. Chairman Gottovi asked Dexter Hayes, Planning Director to check on the building permit and the setback to make sure that accurate information has been used and the permits are valid. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to ajourn. After discussion, Commissioner Barfield withdrew his MOTION and Commissioner O'Neal withdrew his SECOND. I WRIGHTSVILLE SOUND SEWER SYSTEM CONTRACT Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to award the contracts for the Sewer System in the Wrightsville Sound Area to the following: James Utility Company in the amount of $249,451 Cape Fear Electric in the amount of 31,230 and approve the following Budget Amendment for the contracts: Debit - Acct. #43 3981 925, Transfer from General $213,346 Acct. #43 3470 410, Privilege Fee 95,335 Credit - Acct. #43 3703 621, Gen. Contract - James Utility $249,451 Acct. #43 4703 622, Electrical Contract - Cape Fear Electric 31,320 Acct. #43 9800 911, Contingencies 28,000 Debit - Acct. #11 3990 990, Fund Bal. Appropriated $213,346 Credit - Acct. #11 9740 900, Transfer to Capital Proj.$213,346 COMMITTEE APPOINTMENTS I APPOINTMENT OF DR. HICKS AND DR. SOBOL TO THE BOARD OF HEALTH Commissioner Blake MOVED, SECONDED by Commissioner O'Shields to appoint Dr. Charles Hicks to replace Dr. Eakins in the physician position and Dr. Arnold Sobol be appointed to fill the optometrist position for a three-year term on the Board of Health. Upon vote the MOTION CARRIED UNANIMOUSLY. AGENDA FOR MEETING OF COUNTY COMMISSIONERS AND MUNICIPALITIES ON JANUARY 7, 1983 After discussing the subject matter of the agenda, it was the consensus of the Commissioners to allow County staff to present information followed by discussion with the Municipalities and allow time for the Municipalities to present items for discussion. An information table will be provided for anyone wishing more information. 484 MINUTES OF REGULAR MEETING, JANUARY 3, 1984 (CONTINUED) ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Nolan O'Neal to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi adjourned the meeting at 12:07 o'clock A.M. MINUTES OF REGULAR MEETING, JANUARY 16, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 16, 1984, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman Karen E. Gottovi; County Manager G. Felix Cooper; County Attorney Robert W. Pope; and Clerk to the Board Lucie F. Smith. Commissioner O'Shields gave the invocation. APPROVAL OF MINUTES OF REGULAR MEETING, JANUARY 3, 1984 Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve the minutes of the Regular Meeting of January 3, 1984, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. TOUR OF RESOURCE RECOVERY FACILITY CANCELED Chairman Gottovi announced the tour of the Resource Recovery Center had been canceled due to rainy weather and would be rescheduled. NON-AGENDA ITEMS - GENERAL PUBLIC - DISCUSSION - CANEEL COVE (FORMERLY SUN COURT) Chairman Gottovi asked if members of the general public wished to address the Commissioners on items on the Consent Agenda or any subject that was not listed on the Agenda. Mr. M. H. Vaughan, representing Quality of Life Alliance, commented on the issuance of extensions of Special Use Permi ts on Hewlett's Creek stating the Planning and Inspection Departments were overstepping their bounds by issuing these extensions when major changes have occurred violating the County Zoning Ordinance by accepting the revised plan. He stated it was difficult to understand the actions of the Inspections Department. Chairman Gottovi requested Staff to further investigate the matter addressing the questions about the relationship between this project and the rural services district along with the special use permit concept. Mr. Gary Shipman, Attorney representing the developer of Caneel Cove, Mr. Richard Courtland, stated he would like to respond to Mr. Vaughan's accusations and would be glad to wait until the end of the meeting to discuss the matter. After discussion, it was the consensus of the Board to allow Mr. Shipman to respond to allegations by Mr. Vaughan at the end of the meeting. ~