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1982-06-07 Regular Meeting 80 MINUTES OF REGULAR MEETING. JUNE 7. 1982 ASSEMBLY The New Hanover County Board of Commissioners met ln Regular Session on Monday, June 7, 1982, 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, 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. Brown. No members were absent. Chm. Blake called the meeting to order. Corom. O'Shields gave the invocation. APPROVAL OF MINUTES: REGULAR M-EETING. MAY -17. - 1982. AND CONTINUED MEETING MAY 25, 1982 Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the Minutes of the Regular Meeting of May 17, 1982, and the Continued Meeting of May 25, 1982, were UNANIMOUSLY APPROVED as presented. ,APPROVAL OF CONSENT AGENDA Comm. Gottovi requested that Item 4 "Policy and Procedure for Sale of Surplus Property" be removed from the .Consent Agenda for discussion later in the meeting. County Manager Cooper handed out a memo with additional information and recommendations on Item #9 "Blue Cross/Blue Shield Coverage". Comm. Armistead MOVED, SECONDED by Comm. Barfield, to approve the Consent Agenda with the exception of Item #4. Upon vote the following Consent Agenda Items were UNANIMOUSLY APPROVED: CHANGE OF DATE FOR FIRST MEETING IN JULY Since the first meeting 1982, which was a County changing the date for the 6, 1982, at 7:00 p.m. in July-Was scheduled for July 5, holiday, the Commissioners approved first meeting in July to Tuesday, July ADDITION OF ROADS TO THE STATE SYSTEM On recommendation of the Department of Transportation, the Commissioners adopted the SR-2 Resolution requesting the addition of Chalmers Drive and Rolling Hills Cove in Valley Hills Subdivision to the State Secondary Road System. A copy of the Resolution is on file in the Clerk's Office. REGISTRY HOURS As requested by the Registrar of Deeds, the Commissioners approved the office hours in the Register of Deeds as currently being observed: i.e., 8:00 a.m. to 5:00 p.m.; open to the public 8:30 a.m. to 4:45 p.m. ENERGY TASK FORCE REPORT A copy of a memo from the County Energy Coordinator, to Dr. E. W. Huguelet at the UNC-W Library is contained in Exhibit Book IX, page 12. BUDGET AMENDMENT - SANITARY LANDFILL The following amendment in the Sanitary Landfill budget was approved to adjust anticipated revenues: Debit Credit - Acct. #49 3470 911, Bond Proceeds - Acct. #49 3310 890, Interest on Investments Acct. #49 3470 368, State Grant Acct. #49 3490 410, User Fees $271,373 $ 51,373 120,000 100,000 " 81 MINUTES OF REGULAR MEETING, JUNE 7, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) I BUDGET AMENDMENT ..t' SOCIAL SERVICES " , I ,'..' ,. P" , ~ The follow ing 'amendmeht 'iri' t'he' ''Socia I' ~S'e'nt ices" budget." was approved to appropriate additional CIP Block Grant Funds for FY 7/1/81 through 6/30/82; to appropriate addj.tipnal J\.mds for Utilities and Miscellaneous; and to purchase locking file cabinets for personnel records: Debit - Acct. #11 3535 372, Crisis Intervention Program $26,409 Acct. #11 5310 333, Consultants 1,000 Acct. #11 5310 231, Legal Fees 250 Acct. #11 5310 520, Travel, Mtgs. & Schools 1,260 Credit - Acct. #11 5358 530, Crisis Intervention Program $26,409 Acct. #11 5310 341, Utilities - Electricity 2,000 Acct. #11 5310 480, Miscellaneous 60 Acct. #11 5310 640, Equipment 450 BUDGET AMENDMENT - HEALTH DEPARTMENT (TB) The following amendment was approved in the Health Department budget to appropriate additional State funds given on a one time basis to buy film and supplies for the X-Ray Division: Debit Acct. #11 3515 371, Revenue Credit - Acct. #ll:,~~~~ ,421, ?~p~rtme~~a~, S~ppli.7s $4,700 $4,700 " BLUE CROSS/BLUE SHIELD COVERAGE Changes were approved in the employee Blue Cross/Blue Shield Insurance coverage as outlined in memos from th~' AsMistant County Manager and Finance Officer' dated 'June 1, 1982: 'and June 7, 1982. I Copies of the memos are contained in Exhibit: I 'Book rx;- "page 12. AMENDMENT NO.2 TO PIEDMONT AIRLINES CONTRACT - AIRPORT The Commissioners approved and authorized the Chairman to execute amendment No. 2 to the Piedmont Airlines contract dated October 1, 1975. A Copy of the amendment is filed with the contract ln the County Manager's Office. BUDGET, HERTZ AND NATIONAL CONCESSION AGREEMENTS - AIRPORT The Commissioners approved and authorized the Chairman to execute concession agreements with Budget, Hertz and National Rental Car Agencies at the Airport. Copies of the agreements are on file in the County Manager's Office. I PUBLIC HEARING - BOND ORDER FOR ISSUANCE OF $390,000 BONDS Chm. Blake-reported that at the meeting on May 17, 1982, the Commissioners adopted a bond order authorizing t.he'- is's'uance' of ,,; $390,000 Sanitary Sewer Bonds of the County of New Hanover and setting a public hearing for June 7, 1982 at 7:00 o'clock p. m. Notice of the 'publ'i'c heariri'g:' was publ'ished 'as re'quiretl' on "May 24, 1982 . . . -'-- ; ",. . ;"!, " , , . " I '. The Clerk of the Board of Commissioners reported to the Board of Commissioners that the bond order ent'it,red, """:eonq brde"rll , ,I ~ authorizing the issuance of $390,000 Sanitary Sewer Bonds of the County of New Hanover, which had been intrpduced on May 17, 1982, had been published on May 24, 1982, with notice that the Board of Commissioners would hold a public hearing thereon on June 7, 1982 at 7:00 o'clock p. m. The Clerk also reported that the County's Finance Officer had filed in the Clerk's office a statement of debt complying with the provisions of The Local Government Bond Act, and such statement as filed showed the net indebtedness of the County to be 1.61% of the appraised valuation of property in said County subject to taxation. . .1, I' 82 MINUTES OF REGULAR ME~TJNG" ,JUNE 7, .l98? (CONTINUED) '! PUBLIC HEARING - BOND ORDER FOR ISSUANCE OF $390,000 BONDS (CONTINUED) Claud O'Shields, Jr. moved that the Board proceed to hold a public hearing on the sanitary sewer bond order. The motion was seconded by Comm. Armistead, and was unanimously adopted. At 7:10 o'clock p.m., the Chairman of the Board of Commissioners announced that the Board would hear anyone who wished to be heard on the questions of the validity of the sanitary sewer bond order and the advisability of issuing the sanitary sewer bonds. At the direction of the Chairman, the Clerk read the bond order and the published notice of hearing. r After the Board had heard all persons who requested to be heard in connection with the foregoing questions, Claud O'Shields, Jr. moved that the public hearing be closed. The motion was seconded by Howard L. Armistead, Jr. and was unanimously adopted. I ...; ~tl I.J \.. ,J,~ t a~.a.i ,;I",,*,,,"'~ II< ..f .....4.-;.. Claud O'Shields, Jr. moved that the Board of Commissioners adopt without change or amendment and direct the Clerk to publish as prescri_b,~,d. by. 'rh,e, LO,ca.l1 Governm,en:t.. Bond Act the, bond order entitled, "Bond Order authorizing the issuance 'of -$-390,000 Sanitary Sewer Bonds of the County ofJNE;!w Hanover", introduced a'1::,.., the meeting of the Board of Commissioners held on May 17, 1982. The motion was seconded by Howard ~. Armistead, Jr. and was adopted by the following vote: AYES: Donald P. Blake Howard L. Armistead, Jr. Karen E. Gottovi Jonathan Barfield, Sr. Claud O'Shields, Jr. NAYS: None "BOND ORDER AUTHORIZING THE ISSUANCE OF $390,000 SANITARY SEWER BONDS OF THE COUNTY OF NEW HANOVER" WHEREAS, the Board of Commissioners of the County of New Hanover deems it advisable to make the improvements hereinafter described; and WHEREAS, the Board has caused to be filed with the Secretary of the Local Government Commission of North Carolina an application for Commiss ion approval. of . the honds" her,einafte-r. described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the application has been filed and accepted for submission to the Local Government coromission; NOW THEREFORE, -'..'\ . . ' BE IT ORDERED by the Board of Commissioners of the County of New Hanover, as follows: .:':':: ;. ::':':'':'-:'''_.:':' _ __ ::::...:~,;_,.....___ Section 1. The Board of Commissioners of the County of New Hanover has ascertained and hereby determines that it is necessary to improve the County's sanitary sewer facilities, including the acquisition and construction of facilities for the treatment of septage and the disposal of residual sludge, including the acquisition and installation of equipment and machinery required therefor and the acquisition of necessary land or rights-in-land, and to pay capital costs of such improvements. Section 2. In order to raise the money required to pay capital costs of providing sanitary sewer facilities as set forth above, in addition to any funds which may be made available for such purpose from any other source, bonds of the County of New Hanover are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be $390,000. 83 MINUTES OF REGULAR MEETING, JUNE 7, 1982 (CONTINUED) BOND ORDER FOR ISSUANCE OF $390,000 BONDS (CONTINUED) SANITARY SEWER I Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. The revenues of the system hereinbefore described may be pledged to the payment of the interest on and principal of said bonds if and to the extent that the Board shall hereafter determine by resolution prior to the issuance of said bonds. In such event, the tax to pay the principal of and interest on said bonds may be reduced by the amount of such revenues available for the payment of such principal and interest. Section 4. A sv.i~fi1lljs'ta'temerit of' 'thed'cou"nty's debt' na's' 'been'" If' filed with the Clerk of the Board of Comissioners and is open to public inspection~ . .... It) I \ ( . Section 5. No debt shall be contracted during any fiscal' year by the issuance of bonds pursuant to this bond order if the amount of such debt and of all other debt contracted during su~h fiscal year shall exceed two-thirds of the amount by which the' -, - ':" outstanding indebtedness of said County shall have been reduced during _ the next preceding fiscal year, unless the incurring of such debt shall be submitted to a vote of the people of the County and shall be approved by a majority of those who voted thereon. ' I Section 6. This bond order shall take effect thirty days after its publication following adoption, unless it is petitioned to a vote of the people within thirty days after the date of its publication as introduced and provided in G.S. 159-60, and in such latter event, it shall take effect when approved by the voters of said County. The following persons coromented during the public hearing: County Manager Cooper Mr. William S.Funderburg Mr.-Claude McAllister Mr. M. H. Vaughan \ ,'~.. '.' . ...1 REQUEST TO CITY OF WILMINGTON FOR DELAY IN SEPTAGE DUMPING FEE --- INCREASE Comm. Gottovi MOVED, SECONPED by Comm. Armistead; 'that the New Han'ove'r' 'CourtYB'~a'id 'of Cohimissi6;ne':bi r'eque'st' 'the\'Ci~y' bf: . Wilmington to not imp6se' a s~ptage 'dumping fee' increase scheduled J, for July 1 because the increased fees have a potential of creating a health hazard for the citizens 'o'f-'the "Coun.t1'. 'Updn" vote the MOTION CARRIED UNANIMOUSLY. BREAK Chm. Blake recessed the meeting for a break from 7: 30 o'clock p. m. until 7:45 o'clock p. m. I REMINDER OF ARROWHEAD PARK DEDICATION AND BUDGET MEETING ON JUNE 10 Chm.131ake reminded the Commissioners of the Arrowhead Park dedication at 10:00 o'clock the next morning and the Budget Meeting at 8:00 a. m. on June 10, 1982. ADDITIONAL ITEMS FROM THE GENERAL PUBLIC Chm. Blake asked -rr there was anyone in the general public who had an item to bring before the Commissioners that was not on the Agenda and no one appeared. PUBLIC HEARING - CAPITAL IMPROVEMENTS PROGRAM Notice had been given that the New Hanover County Commissioners would hold a public h,earing on the County's Proposed Capital Improvements Program 'for 1982-90 'on june'7,' 1982 at 7:00 o'clock p. m. The following persons coromented: 84 MINUTES OF REGULAR MEETING, JUNE 7, 1982 (CONTINUED) PUBLIC HEARING - CAPITAL IMPROVEMENTS PROGRAM (CONTINUED) County Manager Cooper Mrs. Cathey Blake Comm. Armistead MOVED, SEC~)ND~D ,py Comm. Barfield, to adopt . .. J ....t ~ ~j. J .: j . . I C I .J'; I the proposed Capltal Improvements program for 1982-90. ' Chm. Bl~k~ asked if there ~as 9nyone present who wished to comment on the c~p.i tal i'mprovem'ents' Program' and no on.'e' appeared . {.' J.... \ J ... ~.' j' .' '. '$ I / . '" . ..- to coroment. . r .. t .. j. ". . , I ~ ..' .. Comm. O'Shields suggested that the Public Hearing be left open for thirty days in case anyone wished to submit coroments. Comm. Armistead and Barfield accepted that suggestion as part of their motion and upon vote the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA ITEM #4 "POLICY AND PROCEDURE FOR SALE OF SURPLUS PROPERTY" Comm. Gottovi commented that the reason she had requested that this item be removed from the Consent Agenda was that she wanted more information on how the property was determined to be surplus property. County Manager Cooper commented and agreed that he would furnish the Commissioners a memorandum explaining in more detail how the program worked. 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, June 7, 1982, at 7:00 o'clock p. m. in the" As0seinb'ty' Room"" of the County Administration Building, 320 Chestnut Street, wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER REZONING PROPERTY '(APPROXI'MATELY - 808 ACRES) LOCATED SOUTH OF HEWLETT' S CREEK, NORTH MilD EAST OF MASONBOROSOUND ROAD (SR-r515) WEST OF THE INTRACOAST~WATERWA~' AND NORTH OF SElU3JREEZE BOULEVARDFR~AN R-20 (RESIDENTIAL) j)'j'STRICT AND AN R-15 (RESIDENTIAL) DISTRICT TO AN R-20-S (RESIDENTIAL} DISTRICT. - - Planning Director Hayes gave the background on this request and reported that the Planning Board had considered it at the meeting on May 6 and recommended approval with a slight correction to the line adjacent to Pirate's Cove Subdivision. Comm. O'Shields and Comm. Gottovi MOVED, SECONDED by Comm. Armistead that the R-20-S zoning be approved as recommended by the Planning Board. Chm. Blake asked if there was anyone present to speak in favor of this request and Mrs. Mona Smalley commented and presented the Commissioners a packet of information that had been put together for them. r Mr. M. H. Vaughan coromented. _ .J :". l f i - ..." \. '. Upon vote the MOTION CARRI-ED- --UNANI-MEH:JSLY---a-nd--an- 'E>ra-l-nance--- -----' enti tIe d "An Ordinance of the County of New Hanover Amending the Zoning Map of the Masonboro Zoning Area of New Hanover County, North Carolina, Adopted October 15, 1969'" was' adopted: . Mr. Vaughan coromented further.". The Clerk requested clarification as to who made~the motion" for approval of the rezoning since Commissioners O'Shields and Gottovi made the motion simultaneously. ," '" '- 85 MINUTES OF REGULAR MEETING, JUNE 7, 1982 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY HEWLETT'S CREEK/MASONBORO SOUND AREA (CONTINUED) I Chm. Blake requested that the record show that Mr. O'Shields and Mrs. Gottovi made the motion in a single breath and the motion was given to Mrs. Gottovi. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Masonboro Zoning Area, Page 9. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 1.25 ACRES) LOCATED ON THE NORTH SIDE OF ARLENE DRIVE (SR 2071rl~PPROXIMATELY 13,300 FEET EAST OF CASTLE HAYNE ROAD ('U:S: HIGHWAY 117) FOR A MOBILE :HOME IN AN R-20 (RESIDENTIAL) DISTRICT Planning Director Hayes gave the background on this application for Special Use Permit and reported that the Planning Board had, consider.ed it at the meet.ing, on May 6 and re,commended approvaL . _ Chm. Blake asked if the petitioner was present to be sworn to give testimony and Mr. Joseph LaTulippe appe~red befo}:"e the board and was duly sworn to testify in favor _of his application and answer questions from the Planning Director and the coromissioners. Chm. Blake asked if there was anyone present to speak in opposition to the Special Use Permit and no one appeared in opposition. I Comm. O'Shields MOVED, SECONDED by Comm. Barfield to approve the Special Use Permit and upon vote the following order granting the Special Use Permit was UNANIMOUSLY APPROVED: The County Commissioners for New Hanover County having held a public hearing on Monday, June 7, 1982, to consider application number S-198 5/82 submitted by Joseph LaTulippe, Jr., a request for a special use permit to use the property located at Arlene Drive, north side, approximately 13,300 feet east of Castle Hayne Road 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, 72-0 of the County Zoning Ordinance will be satisfied if the property is developed, in accordance with the plans submitted to the County Commissioners. I 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 heal th 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: a. County Health Department issued a well and sewage disposal system permit for the site on March 25, 1982. b. The Wrightsboro Volunteer Fire Department is less than a mile from the site. 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 condi tions and specifications. In support of this conclusion, the coromissioners make the following FINDINGS OF FACT: a. Mobile Homes are a permitted special use in R-20 zones. 86 MINUTES OF REGULAR MEETING, JUNE 7, -1~82 (CONTINUED) PUBLIC HEARING - SPECIAL USE PERMIT = MOBILE HOME (CONTINUED) b. All area, setback and parking requirements are satisfied on the site plan. 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 thhe use is a public necessity. In support of this conclusion the Coromissioners make the following FINDINGS OF FACT: a. The proposed use should increase the value of the property. ,b. The site will be buffered by a row of trees. 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 suppqr,t of this .concJ,.us,ion, the Com~issioners make thefollowip.9 FI'NDINGS OF FACT: - a. Tinga Nursery adjoins the site to the north, residential land uses adjoin the site to the south and west, most of the surrounding land area to the east is wooded and'vacant. b. County Growth Policies encourage a variety of affordable housing types. 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. the spec i f ic proposed used, stated. That the applicant shall fully comply with all of requirements stated in the ordinance for the as well as any additional conditions hereinafter 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 bec9me. Y.oid and o,f no. e.f.f,ect. _ c. Other: Compliance with all applicable Federal, State and Local codes and regulations. Ordered this.7th day of June, ~982. PUBLIC HEARING TO CONSIDER ZONING ORDINANCE, _TEXT _ AMENDMENTS _TO.. " ARTICLE II, DEFINITIONS, AND ARTICLE V, TABLE ,OF PERM,ITTED USES,' TO ALLOW CERTAIN DOUBLE WIDE MOBILE HOMES AS A PERMITTED USE IN R-20 (RESIDENTIAL) DISTRICTS AND REVISIONS TO ARTICLE VI, SECTION 63, TO REFLECT MOBILE HOME PARK REGULATIONSlCONCERNING THE NUMBER OF MOBILE HOMES ON A LOT Planning Director Hayes gave the background on these amendments and reported that the Planning Board had considered them at its meeting on May 6 and recommended approval with a minor change in the Planning Department's recommendation that the foundation be a permanent foundation but not necessarily a continuous permanent masonry foundation unpierced except for ventilation. Comm. O'Shields MOVED, SECONDED by Comm. Armistead to adopt the Planning Department's recoromendation for the amendments. Chm. Blake asked if there was anyone present who wished to coroment on these amendments and no one appeared. " 87 MINUTES OF REGULAR MEETING, JUNE 7, 1982 (CONTINUED) PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENTS (CONTINUED) Upon vote, the MOTION CARRIED UNANIMOUSLY and the ordinan~e entitled "An Ordinance of New Hanover County amending the Zoning Ordinance of New Ha~over County,' North Carolina, Adopted October 6, 1969" was adopted. I A copy of the Ordinance as adopted and signed is contained in Exhibit Book IX, Page 12. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING BOARD TO DENYIU:ZONING PROPERTY (APPROXIMATELY 314 OF AN ACRE) LOCATED-oN THE WEST SIDE OF CASTLE HAYNE ROAD (~ HIGHWAY 117) DIRECTLY SOUTH OF GLENi5ALEAVENUE (SR 1314) FROM AN R-15 (RESiDENTIAL) DISTRICT TO A B-2 (HIGHWAY BUSINESS) DISTRICT ---- Planning Director Hayes-gave the background on this case and reported that the Planning Board had considered the rezoning at its meeting on May 6 and recoromended denial. Chm. Blake asked if the petitioner was present and Mr. E. M. Hill appeared before the Board to request approval of the rezoning. Chm. Blake asked if there was anyone present to speak in opposition to this rezoning and the following persons appeared,to coroment in opposition: I Mr. Andrew Watkins Mrs. Andrew Watkins Mr. Tex Watkins Ms. Donna Blackman Miss Emma, Smith Mr. Adolph Rogers Mrs. Susie Holiday Comm. Barfield MOVED, SECONDED by Comm. Armisteaq, to deny the rezoning request. Upon vote the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING BOARD TO DENY-REZONIN~OPERTY (APPROXIMATELY ~OOO SQUARE FEET) LOCATED ON THE SOUTH SIDE OF PARK AVENUE (SR 1424) DIRECTLY WEST OF HAWTHORNE DRIVE (SR 1448>FROM AN R::rs (RESIDENTIAL) DISTRICT TO AN 0 & ~ (OFFICE AND INSTITUTIONAL) DISTRICT Planning Director Hayes gave the background on this rezoning and reported that the Planning Board had considered it at its meeting on May 6 and recoromended denial. Chm. Blake asked if the petitioner was present and Ms. Kathleen Buffkin appeared before the Board to request approval. Chm. Blake asked if there was anyone present to speak in opposition and the following persons coromented: I Ms. Cher Pridgen, presented a petition of neighboring property owners in opposition. Mr. Marvin Brown Mr. Fred Radford Ms. Diane Finney Ms. Rae Park.er Ms. Minnie Radford Ms. Laura Jarrell Comm. Gottovi MOVED, SECONDED by Comm. Armistead, that the rezoning be denied in light of the overwhelming opposition in the neighborhood, the small size of the lot, and the residential nature of the area, even though she knew the petitioner would be a good neighbor, but rezoning of an area was a major step and the future use could not be adequately controlled. Upon vote the MOTION CARRIED UNANIMOUSLY. 88 MINUTES OF REGULAR MEETING, JUNE 7, 1982 (CONTINUED) BREAK Chm. Blake recessed the o'clock p.m. until 9:43 o'clock meeting p.m. for a break from 9:33 CLEAN COMMUNITY REGULATIONS Ms. Dorothy Forbes, Chairman of the Clean Community Commission, and Ms. Grace Morrison, Clean Community Commission Coordinator, appeared before the Board to explain and answer questions on the proposed Clean Community Regulation Ordinance that had been furnished to the Commissioners for discussion. County Manager Cooper coromented on the proposed regulations. It was agreed to get copies of Ordinances from other places and find out what types of problems they had encountered in enforcing these ordinances and have the matter placed on the Agenda for further discussion at a later meeting. ADDITIONAL ITEMS NOTICE OF APPROVAL OF LAND USE PLAN UPDATE Chm. Blake advised the Commissioners that he had received a letter from the Coastal Resources Commission advising of their approval of the Wilmington/New Hanover County Land Use . 0. Plan Update. CHAIRMAN, TO PI~.oCLAIM JUNE 14 iAS FLAG DAY By consensus of the Board Chm:-Blake was proclamation proclaiming June 14, 1982, Hanover County. authorized tosLgn a as Flag Day in New " .,_ _, " 1-,- _ ,. . ,~_ VISIT BY GOVERNOR HUNT ON JUNE 18 Chm. Blake reminded the Commissioners that Governor Hunt would be visiting the appliance disposal site off Division Drive on June 18 and the Commissioners were invited to tour the site with him. DENIAL OF REQUEST FOR CONTRIBUTION FOR REGISTER OF DEEDS CONVENTION Chm. Blake read a request from the Registrar of Deeds for a contribution from New Hanover County for the Register of Deeds convention to be held at the Wilmington Hilton. It was agreed by consensus not to contribute. FUNDING FOR COMMUNITY HOSPITAL PLAQUE AT NEW HANOVER MEMORIAL -- HOSPITAL Chm. Blake read a letter from Mrs. Esther Sharpless concerning the Community Hospital plaque to be placed in New Hanover Memorial Hospital. Comm. Armistead MGVEDi, SECONDED by Comm. .Barfield ,that the County fund this plaque up to the amount of $2200. Upon vote, the MOTION CARRIED UNANIMOUSLY. REPORT ON CEREMONY AT CAROLINA BEACH FOR ERECTION OF PUBLIC BEACH ACCESS SIGNS Comm. Gottovi commented on the ceremony that was held last week at Carolina Beach when the public.beach access. signs, were erected and the fact that Sky Conklin, who was currently the County Superintendent of Inspections, was instrumental in getting those signs. DISCUSSION ON PUBLIC HEARING FOR CRC POST-DISASTER PLAN Comm. Gottovi reported that there-was a public hearing on July 2 in Manteo to discuss the Coastal Resources Commission Post-Disaster Plan and that Mr. Ken Stewart of the Coastal Resourues Commission would like to meet with the Commissioners to discuss the proposed plan prior to the public hearing. It was agreed to schedule the meeting with Mr. Stewart prior to the Regular Meeting on June 21, 1982, at 8:00 a. m. and to extend an invitation to the municipalities in the County and '- 89 MINUTES OF REGULAR MEETING, JUNE 7, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION ON PUBLIC HEARING FOR CRC POST-DISASTER PLAN (CONTINUED) also to Brunswick County. I APPOINTMENT TO CARDINAL HEALTH AGENCY BOARD OF DIRECTORS Chm. Blake MOVED, SECONDED by Comm. Armistead, to nominate Ms. Linda Pearce for appointment to the Cardinal Health Agency Board of Directors. Upon vote the MOTION CARRIED UNANIMOUSLY. DISCUSSION ON HOSPITALIZATION INSURANCE FOR COUNTY RETIREES Comm. Armistead commented on a plan that would allow County employees to continue their health insurance when they retire. County Manager C,oopE;!r agreed to lOOk into this. and to propose a plan for the Commissioners to consider at a later meeting. AUTHORIZATION FOR CHAIRMAN TO SIGN LEASE WITH NEW HANOVER MEMORIAL HOSPITAL , , Comm. Armistead MOVED, SECONDED by Comm. Gottovi, that the Chairman be authorized to sign the new le~~~_with Ne~.Hq~o~er M e m 0 ria 1 H 0 s pit a 1. Up 0 n v 0 t e the.' . M CYT ION - CAR R ;r E D UNANIMOUSLY. A copy of the Lease lS on file in the County Manager's Office. I AMENDMENTS TO AMBULANCE ORDINANCE County Attorney Pope explained Ambulance Ordinance that had been Wilmington. the amendments to ,the requested by the City of Upon MOTION by Comm. O'Shields SECONDED by Comm. , Arm~stead the following amendments to the Ambulance Ordinance were UNANIMOUSLY APPROVED: Chapter 6: Article I r. Franchise; Section 6-20. Ambulance Required. Service; Division 2. (1) Amend Section 6-20(c) to read, "No franchise shall be required for and the provisions of this ordinance shaLl. not apply to: ..." (a) Amend Section 6-20(c) by the addition of an item: " (4) A,l,l municipalities wi thin New Hanover County." FUNDING OF ROOF FOR MYRTLE GROVE COMMUNITY CENTER --- County Manager Cooper commented on the need for a new roof on the Myrtle Grove Coromunity Center. I Comm. Armistead MOVED, SECONDED by Comm. O'Shields, to give the County Manager the authority to purchase the roofing felt, shingles and nails necessary to accomplish the roofing of the Myrtle Grove Community Center and write a letter saying the County could no longer fund improvements for this building. Upon vote, the MOTION CARRIED UNANIMOUSLY. ASSISTANT COUNTY MANAGER RECEIVED DEGREE County Manager Cooper announced to the Commissioners that Assistant County Manager Gary, Cannon had received his Master's Degree in Public Administration from the University of North Oarolina in Chapel Hill. DISCUSSION ON THE STEAM CONTRACT NEGOTIATIONS WITH DePOORTERE County Manager Cooper and Director of Engineering, Ed Hilton, updated the Commissioners ~n the negotiations with DePoortere Corporation for the purchase of steam from tJ:1e incinerator when it was completed. 90 MINUTES OF REGULAR MEETING, JUNE 7, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) ADOPTION OF SEPTAGE DISPOSAL ORDINANCE County Attorney Pope reported to the Commissioners that a complaint had been received concerning dumping of raw sewage and presented the Commissioners with a proposed amendment to the County code concerning septage disposal. Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the following Ordinance of the Board of Commissioners of New Hanover County was UNANIMOUSLY ADOPTED: SEPTAGE DISPOSAL ORDINANCE ... - - .. ....~ . . , . ' . The Bo~rd'of_Commissioners of Ne~ Hanovei County, North Carolina, in order to maintain and promote healthy and sanitary conditions throughout the County, does ordain: That Chapter 12, OFFENSES, is' addition of Article IV, SEPTAGE DISPOSAL, as amended' by follows: t:he" , Section 12-36. Preamble. The Board of Commissioners of New Hanover County, North Carolina, does hereby adopt this Ordinance pursuant to the authority conferred by North Carolina General Statutes, Chapter 153A, Sections 121(a), 132.1 and 136; and Session Laws 1981, c. 458. It is hereby recognized and is the finding of the Board of Commissioners that persons are disposing of septage in New Hanover County by methods which are not approved by the New Hanover County Department of Health and at locations which are not classified for such disposal by the New Hanover County Zoning Ordinance. It is further recognized and is the finding of the Board of Commissioners that the beforementioned disposal of septage consti tutes an' imminent danger to the public health, safety and welfare of the citizens of New Hanover County. Accordingly, it-is declared that in order to promote and preserve an environment that is sanitary and conducive to public health, safety and welfare, it is necessary and imperatiye t~at New Hanover County regulate and control the disP9sal of septage within New Hanover County to the extent that the disposal of septage be limited to methods approved by the New Hanover County Department of Health at locations classified for such disposal by the New ~anover Co~nty ,Zon~ng Ordinance. Section 12-37. Definitions. For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them: Disposal: The discharge, deposit, injection, dumping, spilling, leaking or placing of any septage into or on any land so that such septage may enter the environment or be emitted into the air or discharged into any waters, including ground waters. Methods approved by the New Hanover County Department of Health: A land application site approved by the New Hanover County Department of Health, a waste water treatment plant approved by the New Hanover County Department of Health, or any, other manner approved by the New Hanover County Department of H~alth. Per~on: An individual, firm, partnership, association, corporation, organization, club, society, or group, aG::,t-ing..as a- unit or body politic..and -corporate.- - " 91 MINUTES OF REGULAR MEETING, JUNE 7, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) SEPTAGE DISPOSAL ORDINANCE (CONTINUED) Septage: A waste that is a fluid mixture of sewage solids, liquids, and sludge of industrial, commercial, domestic or human waste origin. I Section 12-38. ' Unlawful disposal of septage. It shall be unlawful for any person to dispose of septage within New Hanover County other than by methods approved by the New Hanover County Department of Health at locations classified for such disposal by the New Hanover County Zoning Ordinance. section 12-39. Conflict of laws. If any portion of this Article or the enforcement thereof shall be preempted by any State or Federal authority, such preemption shall not operate to invalidate the rest of this Article and the same shall remain in full force and effect. Section 12-40. Penalty. I Any person who shall violate the provisions of this Article shall be guilty of a misdemeanor punishable by a fine of not more than fifty dollars ($50.00) or imprisonment for not more than thirty (30) days, in the ,discretion, of the court, as provided by Section 14-4 of the General Statutes of North Carolina. Each day or portion thereof any violation of this Article shall continue shall constitute a separate offense. This Ordinance shall be in full force and effect from and after its adoption. Adopted this 7th day of June, 1982. CHM. BLAKE TO SERVE ON TRANSPORTATION ADVISORY COMMITTEE - - Chm. Blake reported that he had received an invitation from the City of Wilmington for a Commissioner to participate in thoroughfare planning with the Wilmington Transportation Advisory Coromittee. It was agreed by consensus of the Board for the Chairman to serve in that capacity. AUTHORIZATION TO JOIN THE CITY OF WILMINGTON IN LITIGATION ----- AGAINST HARRY FORDEN County Manager Cooper commented on the County Attorney's letter to the Commissioners dated May 28, 1982, outlining the County's option in the tax foreclosure matter against Harry Forden on property located at 912 North 10th Street and 816 North 4th Street. The Commissioners were requested to advise how they wished to proceed in this matter. I Comm. Armistead MOVED, SECONDED by Comm. O'Shields to institute civil action, accompanied by request for the court to consolidate the City and County lawsuits for one trial. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION ON HOTEL CHARGES FOR NACo CONFERENCE IN BALTIMORE County Manager Cooper advised the Commissioners~hat he had received word that day that the Hyatt Regency in Baltimore would bill the County directly for charges incurred by the Commissioners during the NACo Conference to be held July 11 - 14, 1982. 92 MINUTES OF REGULAR MEETING, JUNE 7, 1982 (CONTINUED) ADDITIONAL ITEJIIlS (CONTINUED). APPOINTMENTS TO THE COUNCIL ON THE STATUS OF WOMEN Comm. GottovicorrlmEmted on 'the -need to fill vacancies on the Council on the, status of Women. Upon MOTION by Comm. Armistead, SECONDED by Co~m. O'$hields, the following were UNANIMOUSLY REAPPOINTED to serve additional 2 year terms on the Council on the Status of Women: r Ms. Louise McColl Ms. Katherine D. Marks Ms. Millie S. Elledge ADJOURNMENT Comm. Gottovi MOVED, SECONDED by Comm. Armistead, that the meeting be adjourned. Upon vote the MOTION CARRIED UNANIMOUSLY. Chm. Blake adjourned the meeting at 11:18 o'clock p.m. Respectfully submitted, ~'&. ~ Alyce B. Brown, Clerk t .' J. MINUTES OF REGULAR MEETING, JUNE 21, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on June 21, 1982 at 8:00 a. m. in the Assembly Room, New Hanover County Administration Building, 320 Chestnut Street, wilmington, North Carolina. The time of the meeting had been changed to 8:00 for the purpose of meeting with representatives of the office of Coastal Management and other local elected and appointed officials to review the proposed polilcies for post- disaster redevelopment in coastal communities. Members present were: Commissioners Howard L. Armistead; Jr.; Jonathan Barfield, Sr.; Karen E. Gottovi; Claud O'Shields; Chm. Donald P. Blake; County Manager G. Felix Cooper; County Attorney Robert W. Pope; and Clerk to the Board Alyce B. Brown. No members were absent. Chm. Blake calleq ~he meeting to order. Corom. O'Shields gave the invocation. APPROVAL OF MINUTES: REGULAR MEETING, JUNE 7, 1982 Upon MOTION ,by Comm. Barfield, SECONDEn--by Comm. the minutes of the Regular Meeting of June 7, UNANIMOUSLY APPROVED AS PRESENTED. Armistead, 1982 were APPROVAL OF CONSENT AGENDA Chm. Blake requested that Item #9, "Additions to Electrical Permit Fee Schedule" be removed from the Consent Agenda for discussion later in the meeting. Comm. O'Spields commented on the Social Services Budget and Human Services Programs and the lobbyists that were paid for by dues to organizations of those agencies. Corom. Gottovi MOVED the Consent Agenda be approved with the removal of item #9 "Additions to Electrical Fee Permit Schedule" . "