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1982-04-05 Regular Meeting 39 MINUTES OF SPECIAL MEETING, MARCH 22, 19?2 (CONTINUED) PUBLIC HEARING - ADOPTION OF ZONING AND SUBDIVISION ORDINANCE TEXT AMENDMENTS (CONTINUED) The following persons offered comments on the proposed amendments: I Mr. Peter Smith Mr. Harry Oakes Mr. David Barefoot Mr. Jack Courtwright Comma O'Shields MOVED, SECONDED by Comma Armi~tead to adopt the density zoning ordinance as amended and presented to the Commissioners by the Planning Staff. Upon vote, the JVIOTION CARRIED UNANIMOUSLY. A copy of the Ordinance as adopted and signed is contained in Exhibit Book IX, Page 7. ADJOURNMENT Chm. Blake adjourned the meeting at 9:05 o'clock p. m. Respectfully submitted, ~,g,~~ Alyce B. Rusmisell, Clerk I r MINUTES OF REGULAR MEETING, APRIL 5, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session Monday, April 5, 1982 at 7:00 o'clock P.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. I Members present were: Commissioners Howard L. Armistead, Jr.; Jonathan Barfield, Sr.; Karen E. Gottovi; Claud O'Shields, Jr.; Chairman Donald P. Blake; County Manager G. Felix Cooper; County Attorney Robert W. Pope; and Clerk to the Board Alyce B. Rusmisell. No members were absent. Chm__ ,Blake called the meeting to order. Rev. Robert Behnke of Messiah Luthern Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING OF MARCH 15, 1982 AND SPECIAL MEETING OF MARCH 22, 1982. -- --- Upon MOTION~y Comm.-cl'Shields, SECONDED by Comma Armistead, the minutes of the Regular Meeting of March 15, 1982 were UNANIMOUSLY approved as presented. 40 MINUTES OF REGULAR MEETING, APRIL 5, 1982 (CONTINUED) APPROVAL OF MINUTES (CONTINUED) Upon MOTION by Comma Barfield, SECONDED by Chm. Blake, the minutes of the Special Meeting of March 22, 2982 were UNANIMOUSLY approved as presented. APPROVAL OF CONSENT AGENDA Upon~OTION by Comma Barfield, SECONDED by Comma Armistead, the following Consent Agenda items were UNANIMOUSLY approved: RESOLUTION REQUESTING ADDITION OF STREETS IN WALNUT HILLS TO STATE SYSTEM ---- The SR-2 resolution was adopted requesting the addi tion of the following streets to the State Secondary Road System: Little Creek Road, Diamond Drive, Hampton Drive, High Street, Evening Road and Misty Lane in 'WaJl-nLit.l. IHirl'sl'old -' Subdivision - (Div. file #408-N) A copy of the resolution is on file in the Clerk's office. FUNDING OF AN APRON FOR THE NEW CASTLE HAYNE VOLUNTEER FIRE DEPARTMENT -- - - - The Commissioners concurred in the use of $3,500 of County Secondary Road Funds for the paving of an apron for the new Castle Hayne Volunteer Fire Department as recommended by the Department of Transportation. AWARD OF CONTRACT FOR SOIL STUDY FOR THE RESOURCE RECOVERY PROJECT --- - --- --- The' Chairman was authorized to execute a contract with D'Appolonia Consulting EngineeTs, Inc. in the amount of $5,919.50 to perform a soil study for the Resource Recovery Project. A copy of the contract is on file in the County Manager's office. AGREEMENT WITH NATIONAL PARKS SERVICE FOR FUNDING OF HUGH MACRAE PARi:!MPROVEMENTS -- ---- The ChaIrman was.authorized to execute an agreement with the National Park Service for funding improvements at Hugh MacRae Pa r k. A copy of the agreement is on file in the County Manager's Office. BUDGET AMENDMENTS APPROVED BY THE COUNTY MANAGER The following budget amendments had been approved by the County Manager and were reported to the Commissioners for entry into the record: Finance Department - to extend part-time temporary help through. J~ne 30, 1982 Debit - Acct. #11 9800 911 - Contingencies Credit - Acct. #11 4131 100 -. Salaries and Wages Acc t . #11 4131 210 - FICA Admiini stration Debit - Acct. #11 9800 911 - Contingencies Credit - Acct. #11 4121 520 - Travel, Meetings & Schools $1,814. $1,700. 114. $1,000. $1,000. Arts Council - To increase County contribution to meet required Grant stipulations Debit - Acct. #11 9800 911 - Contingencies $1,215. Credit - Acct. #11 6151 570 - Arts Council of the Lower Cape Fear $1,215. " 41 MINUTES OF REGULAR MEETING, APRIL 5, 1982 (CONTINUED) ITEMS FROM THE GENERAL cFiITi:-BTal<e asked public present who Commissioners that was PUBLIC if there were any members of the general wished to bring an item before the not on the agenda and no one appeared. I PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of County Commissioners of New 'Hanover County on Monday, April 5, 1982 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 1 ACRE) LOCATED ON THE SOUTH SIDE OF WRIGHTSVILLE AVENUE: APPROXIMATELY 200 FEET EAST OF WALL~E AVENUE, FROM ~N R-15 (RESIDENTIAL) DISTRICT AND 0 &-r (OFFICE AND INSTITUTIONAL) TO A B-1 (BUSINESS) DISTRICT--- - --- -- - --- Planning Director Hayes gave -the background information on this case and reported that the Planning Board had considered the rezoning at its meeting in March and recommended approval. The Planning Staff had also recommended approval. Chm. Blake asked if there was anyone present favor of this rezoning and Ms. Judy Parlatore, Associates Realtors, appeared before the Board approval. to speak in of Bland & to request Chm. Blake asked if there was anyone'present to speak in opposition to the rezoning and no one appeared in opposition. I Upon MOTION by Comma Gottovi SECONDED by Comma Barfield, the rezoning was approved and the ordinance enti tIed "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area No. 9-B of New Hanover County North Carolina adopted July 1, 1972" was UNANIMOUSLY ADOPTED. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 9-B, Page 46. CONTINUATION OF PUBLIC HEARING TO -CONSIDER ZONING UNZONED PROPERTY (APPROXIMATELY 596 ACRES) LOCATED ON THE SOUTH SIDE OF CASTLE HAYNE ROAD (U.S. ifIG'"HWAY 117) NORTH OF' GLADIOLUS ROAD AND EXISTING POWE~NE TO GENERAL ~TRIC'S ScrnTHERN PROPE~LINE TO AN R-20 (RES~TfAL) DISTRICT -- --c'Fi"iii":- Blake reported that the General Electric Company requested that this rezoning hearing be continued for thirty to sixty days in order to give them a chance to study the effect of the rezoning on their property. Mr. J. H. Faucette, representing General Electric appeared before the Board to comment and request the hearing be continued. Comma O'Shields MOVED, SECONDED by Comma Armistead to continue this public hearing to the first meeting in May. Upon vote, the MOTION CARRIED UNANIMOUSLY. I PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING BOARD TO DENY A REQU"'E'ST T'()"REZONE PROPERTY-- ('"A"PPROXIMATELY 5 ACRES) LOCATED ON THE WEST SIDE OF MARKET STREET, APPROXIMATELY 300 FEET SOUTHI[F EDGEWATER .CLUB ROAD, FROM AN R-15 (RESIDENTI~DISTRICT TO X-B-2 (HIGHWAY BUSINESS) D1'STRICT- -- - --- Planning Director Hayes gave the background information on this case and reported that the Planning Board had considered this rezoning at their meeting in March and recommended not to consider the petition because the property does not comply with Section 54-4(2) of the Zoning Ordinance which requires a minimum frontage of thirty-five (35) feet or more along a public highway or street. Chm. Blake asked if the a~plicant was present and Mr. Danny Williams appeared before the Board to request approval of the 42 MINUTES OF REGULAR MEETING, APRIL 5, 1982 (CONTINUED) PUBLIC HEARING - APPEAL OF DENIAL OF REQUEST TO REZONE PROPERTY ON ~ SIDE OF t'iARKET STREET (CONTINUED) rezoning. Chm. Blake asked if there was anyone present to speak in opposition and Mr. Rob~rt King appeared to speak in opposition to the rezoning. Th e 'Co m m i s s ion e r s d i s c us sed th e pro b 1 e m frontage and suggested that ,Mr.. Williams negotiations for access to Market Street.. wi th the continue road his Mr. Williams withdrew his request'for the rezoning. PUBLIC HEARING AND ADOPTION OF ORDER CLOSING A PORTION OF SYCAMORE AVENUE INlTHE SEAGATE AREA OF NEW HANOVER COUNTY At their meetTrig on MarcnT;" 'I98~'the Commissioners had adopted a resolution of intent to ~lose a poition of Sycamore Avenue in,the Seagate area and set a public hearing to be held on the 5th day of April, 1982 at 7:00 o'clock p. m. to hear all persons interested in opposing this closing. The Resolution of Intent had been published once a week for four successive weeks pursuant to the road closing ordinance of New Hanover County and a copy of the Resolution was sent to all owners of property adjoining Sycamore Avenue who did not join in the request for such closing. Planning Director Dexter Hayes reported that the staff recommended approval of the road closing., Chm. Blake asked if there was anyone present to speak on this matter and Mr. Van Ward, Attorney for the petitioners appeared before 'the Board to answer questions and request approval of the road closing. No one app~ared in opposition to cldsing the road. Comma Armistead MOVED, SECONDED by Comma Barfield to adopt the order closing that portion of Sycamore Avenue. Upon vote the MOTION CARRIED UNANIMOUSLY. A copy of the order is contained in Exhibi t Book IX, Page 8. APPEAL FROM DECISION OF PLANNING BOARD CONCERNING AMENDMENT TO PRELIMI~PLAT OF PINE VALLEY ESTATES, SECTION 25 pI ann ing-Dlre""Cf"Or Dexter Hayes gave tie background information and reported that the Planning Board recommended denial of the petition to amend the plat of pine Valley Estates, Section 25 to require the extension of some of the street:, stubs. Mr. John Wessell, III, Attorney representing the petitioner, a p pea red be for e the B 0 q r d to a p p e a~ the PI ann i n g Boa r d's recommendation of denial and request that the Commissioners amend the plat as his clients had proposed., Mr. Jack Stocks, the surveyor who had prepared the plat appeared before the Board to speak in'opposition to the amend~enfs ~nd outliried the problems that could be encountered. Comma O'Shields MOVED, SECONDED by Comma Armistead that the petitioner's request be denied. Upon vote the MOTION CARRIED as follows: Voting Aye: Commissioners Armistead, Barfield, O'Shields and Chm. Blake. Voting Noe: Comma Gottovi. BREAK Chm. Blake recessed the meeting for a break from 8:15 o'clock p. m. until 8:30 o'clock p. m. " 43 MINUTES OF REGULAR MEETING, APRIL 5, 1982 (CONTINUED) PROPOSAL FOR RWORKFARER PROGRAM . . " Senator J. A. "Chip" Wright appeared before the Board to explain his proposal for a workfare program in New Hanover County. After discussion on this matter, it was agreed to ask the Social Services Board to study Senator Wright's suggestions and make a recommendation to the Commissioners. I APPROVAL OF FUNDING FOR FORT FISHER PROJECT Mr. B. D. S c h war t Z;-Ch air man 0 f t he 0 u t d 0 0 r Fo r t F ish e r Committee and Mr. Thomas R. Wells of N. C. Division of Parks and Recreation, Natural Resources and Community Development Department appeared before the Board to explain and answer questions from the Commissioners on the proposd public beach access area to be constructed a,t Fort Fisher. Com m ... Bar fie 1 d M 0 V ED, S E CON D E D by Com m . Got to v i to appropriate funds in the amount of $9,594. for the interim budget request through June 30, 1982 and to include $10,010. in the budget for next year to fund the project from July 1 through September 6, 1982. Comma O'Shields requested that the motion be amended to include the provision that the County Manager attempt to work out an agreement with the Town of Carolina Beach to supervise the lifeguards. Comma O'Shields' amendment was accepted by'Commissioners Barfield and Gottovi as a part of their motion and upon vote the MOTION CARRIED UNANIMOUSLY. I AZALEA FESTIVAL AIR SHOW INSURANCE COVERAGE Mr. J. C. Pennington appeared before the Board to explain and answer questions on the recommended purchase of addi tional insurance to protect the County and the Ai~port from ~oss arising from the Azalea Festival Air Snow on Ap~il 18, 1982. Comma Armistead MOVED, SECONDED by Comma Gottovi that the County pay $495 for the extra insurance. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION ON STATEWIDE INTERAGENCY SCHOOL DISCIPLINE PROGRAM Ms. Barbara Bray of the school system appeared before the Board to explain the Statewide Interagency Discipline Project in which the New Hanover County School System had been selected to participate. She pointed out that one of the 14 participants must be a County Commissioner or an, upp'er level official in County Government and requested that the County Commissioners appoint someone to attend the meeting. It was agreed that County Manager Cooper would select a staff person to attend. BREAK Chm. Blake recessed the meeting for a break from 9:39 o'clock p. m. until 9:48 o'clock p. m. I DISCUSSION ON BIDS RECEIVED FOR JUDICIAL BUILDING CONSTRUCTION Mr. Herb'M'C"'Kim, of Ballard; McKim 'and Sawyer Architects, appeared before the Board to explain and answer questions on the bids that were received for construction of the Judicial Building. Comma Armis'tead MOVED that Mr. McKim be authorized to n ego t i ate wit h the low bid d e r s w hi c h ,w 0 u 1 din c 1 u de Do v e r , Driscoll, Graves, Triangle and T. A. Loving to try to bring the price more in line with what the County had anticipated and report back to the Commissioners at the April 19 meeting. Comma requested O'Shields that Mr. SECONDED Comma Armistead's McKim, as he was talking motion and with those 44 MINUTES OF REGULAR MEETING, APRIL 5, 1982 (CONTINUED) DISCUSSION ON BIDS RECEIVED FOR JUDICIAL BUILDING CONSTRUCTION (CONTINUED) contractors, to get a list of work in progress from them and also jobs completed and to check on those jobs completed because he was not familiar with some of those contractors and he would like that information submitted at the same time the other information was submitted. Mr. William S. Funderburg commented. Upon vote the MOTION CARRIED UNANIMOUSLY. ADDITIONAL iTEMS DISCUSSION ON NEW HANOVER/PENDER COUNTY LINE Chm. Blake reported on the meeting, he and the County Manager, the County Attorney and the Director of Engineering had attended in Fender County concerning the New Hanover/Pender County line. Comma Armistead MOVED, SECONDED by Comma Gottovi that New Hanover stand by the reference points as indicated on the map and by the County Engineer. Upon vote the MOTION CARRIED UNANIMOUSLY. County Manager Cooper recommended that he be authorized to take whatever steps necessary to resolve this matter if the Pender County Commissioners did not agree to the location of the boundary line. Comma Armistead and Gottovi accepted the county manager's recommendation as a part of their motion and upon vote it CARRIED UNANIMOUSLY. DISCUSSION ON LOCATION OF PENDER COUNTY LANDFILL Chm. Blake commented on-rhe letter from the New Hanover County Soil and Water Conservation Committee relative to their concerns over the locations of the Pender County landfill and the effect it might have on the New Hanover County ground water supply. It was agreed that New Hanover County's concerns should be communicated to the reviewing agencies for issuing landfill permits. ABANDONMENT OF RAIL LINE BETWEEN NEW BERN AND WILMINGTON Chm. Blakecommented-on-the plans-ro abandon-the rail lines between New B~rn and Wilmington. County Manager Cooper informed the Commissioners that a staff representative would be attending the 'meeting in Jacksonville concerning this matter. DISCUSSION ON SEPTic WASTE SUBDIVISION Comma Barfield commented on concerning septic waste Subdivision. DISPOSAL IN WALNUT HILLS some complaints he had received disposal in Walnut Hills It was agreed that this matter should be reported to the Health Department for handling. LOCATION OF HOME FOR MENTALLY RETARDED ADULTS Comma Barfie~t~Commission representative on the Southeastern Mental Health Area Board, commented on the possible location of a home for mentally retarded adults on Mimosa Place. It was agreed that the Mental Health Board should make a recommendation to the County Commissioners on where they felt this home should be located. " 45 MINUTES OF REGULAR MEETING, APRIL 5, 1982 (CONTINUED) ADDITIONAL ITEMS VACANCIES ON NURSING HOME ADVISORY COMMITTEE Comma Gottovi reportea-Enat she had received a letter from the Chairman of the Nursing Home Advisory Committee stating the need for two additional members to serve on that board. I The clerk was requested to check into this with the Chairman of the Nursing Home Advisory Commite to find out who the members were who were not attending the meetings and report back to the Commissioners. REPORT ON PROPOSED SEPTAGE DISPOSAL SITE IN CASTLE HAYNE AREA Cl1iTi':'" Blake, the Comm i ss ion represen ta ti ve on the Board of Heal th, repo rted on the appl ica t ion fo r a septage disposal permit in the Castle Hayne area. It was agreed that Chm. Blake would meet with Mayor Halterman to discuss the possibility of the City of Wilmington holding down their rates for septage disposal until such time as the County could make arrangements for a method of disposal for septage waste. REPORT ON PLAQUE COMMEMORATING COMMUNITY HOSPITAL Comma Armistead, the Commission representative on the New Hanover Memorial Hospital Board of Trustees, reported to the Commissioners on the plaque to be located at the hospital commemorating Community Hospital. It was agreed that Comma Armistead would arrange a meeting between the plaque committee and the hospital administration'to work out the details on this plaque. I RESOLUTION AUTHORIZING APPLICATION FOR CLEAN WATER BON~ FUNDS TO CONSTRUCT WELL AT LANEY/TRASK SCHOOLS CountyManager Cooperexplained that when 1-40 was constructed, the water line to ~aney/Trask schools would have to be abandoned 'and recommended the Commissioners authorize application for Clean Water Bond funds to construct a water supply well and an elevated tank to supply water for the schools. Upon motion by Comma ArmJstead, SECONDED by Comma Barfield the following resolution was UNANIMOUSLY adopted. RESOLUTI,ON AUTHORIZING THE APPLICATION WITH THE STATE OF NORTH CAROLINA FOR AGRANT UNDER THE NORTH CAROLINA CLEAN WATER BOND ACT OF 1977 WHEREAS, The North Carolina Clean Water Bond Act of 1977 has authorized the making of grants to aid eligible units of governmentl in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water supply systems, and WHEREAS, The County of New Hanover has need for and intends to construct a water supply well and elevated tank for Laney/Trask Schools,' and . I WHEREAS, The County of New Hanover intends to request State grant assistance for the project, NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER: That New Hanover County will arrange financing for all remaining costs of the project, if approved for a State grant award. 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 system. 46 MINUTES OF REGULAR MEETING, APRIL 5, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) RESOLUTION AUTHORIZING APPLICATION FOR CLEAN WATER BOND FUNDS TO CONSTRUCT ~ AT LANEY/TRASK SCHOOLS, (CON'ifiNiJED) That New Hanover County will provide for efficient operation and maintenance of the project on completion of construction thereof. That George F. Cooper, County Manager, and successors so titled, is hereby authorized to execute and file an application on behalf of New Hanover County with the State of North Carolina for a grant to aid,in the construction of the project described abov~. That George F. Cooper, County Manager, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in co~nection with such application for the project; to make the assurance as contained above; and to execute such other documents as may be required in connection with the applica- tion. That New Hanover County has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applic~ble to the. proj~ct and to Federal and State grants and loans pertaining thereto; and hereby authoriz,es the above designat~d ~epresentative to execute an affidavit so stating. Adopted this the 5th day of April, 1982. DISCUSSION ON CONTRACT FOR SALE OF STEAM TO DEPOORTERE CORPORATION- - - - County Manager Cooper updated the Commissioners on the contract with DeP&ortere Corporation for sale of steam generated by the proposed incineration plant and requested that a speciql m~eting be set for Tuesday morning April 13, to discuss the proposed contract. It was agreed to have a special meee~ing at 7:30 a. m. on April 13, if the contracts were received from the consulting engineers by the end of the week. ADJOURNMENT Comma O'Shields MOVED, SECONDED meeting be adjourned. Upon UNANIMOUSLY. by Comma Barfield that the vote the MOTION CARRIED Chm. Blake adjourned the meeting at 10:45 o'clock p. m. Respectfully submitted, Alyce B. Rusmisell, Clerk MINUTES OF SPECIAL MEETING, APRIL 13, 1982 ( ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Tuesday, April 13, 1982 at 1:30 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Howard L. Armistead, Jr.; Jonathan Barfield, Sr.; Karen E. Gottovi; Claud O'Shields, Jr.; Chairman Donald P. Blake; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Clerk to the Board Alyce B. Rusmisell. No members were absent. Chm. Blake called ,the meeting to order and stated that the Special Meeting had been called to discuss and take action on "