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1982-12-13 Continued Meeting 200 MINUTES OF REGULAR MEETING, DECEMBER 6, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) REPORT ON PROGRESS OF HAZARDOUS WASTE ORDINANCE (CONTINUED) on the Hazardous Waste Ordinance that the Advisory Task Force has been working on. WRIGHTSVILLE SOUND SEWER County Manager Cooper reported that the deadline had passed for the contributions for the Wrightsville Sound Sewer System. Engineering Director Ed Hilton and Wrightsville Beach Alderman Summey appeared before the Board to explain and answer questions. Comm. O'Shields MOVED, SECONDED by Comm. O'Neal to proceed with the Engineering contract for approval at the next meeting. Upon vote, the MOTION CARRIED UNINIMOUSLY. COMMISSIONERS REQUESTED TO BE PRESENT FOR THE COURT HEARING OF HARNETT CONSTRUCTION COMPANY, INC., ET.AL. VS CLARKE-KENITH, INC., NEW HANOVER COUNTY, ET.AL. County Attorney Pope requested that the Commissioners be present in the Superior Court Room for the hearing of the case, Harnett Construction Company, Inc., et.al. VS Clarke- Kenith, Inc., New Hanover County, et.al. on-Friday, December 10, 1982, at 10:00 o'clock A.M. CHM. GOTTOVI TO BE ABSENT FROM REGULAR MEETING, DECEMBER 20, 1982 Chm. Gottovi announced that sh~ would be out of the country on vacation and would not be at the next Regular meeting on December 20, 1982, and asked Vice-Chairman Barfield to preside. MEETING RECESSED UNTIL MONDAY, DECEMBER 13, 1982. Comm. Blake MOVED, SECONDED by Comm. O'Neal to recess the meeting until Monday, December 13, 1982, at 9:00 o'clock a.m. Upon vote, the MOTION CARRIED UNANIMOUSLY. r Respectfully submitted, Joyce Bragg, Acting Clerk MINUTES OF CONTINUED MEETING, DECEMBER 13, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 13, 1982, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administrative Building, Wilmington, North Carolina. This meeting was continued from the Regular Meeting on December 6, 1982. Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chm. Karen E. Gottovi; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Acting Clerk to the Board Joyce B. Bragg. NON-AGENDA ITEMS FROM THE GENERAL PUBLIC Chm. Gottovi reported that a member of the general public wished to speak before the Commissioners. ~ , Mr. Steve Vosnock appeared to comment. CHANGE IN PROCEDURE IN HOLDING PUBLIC HEARINGS Chm. Gottovi requested that the procedure for holding public hearings be changed. She asked the people who would like to speak on a particular item to sign name and item on a sheet provided by the Clerk, for written documentation. Chm. Gottovi asked that those who speak, do so as expeditiously as possible and when everyone has spoken, the public hearing will be declared closed. The Commissioners will then debate the issue, discuss it and ask anyone that has spoken to elaborate on a point if that is so desired and a decision will be made or the hearing will be continued. The Commissioners agreed to follow this procedure in the future for a more formal public hearing. ~ MINUTES OF CONTINUED MEETING:'; DECEMBER 13, 1982 (CONTINUED) 201 BREAK Chm. Gottovi recessed the meeting for a break at 9:10 o'clock A.M. until 9:14 o'clock A.M. PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, SECTION 54, B-1 (BUSINESS) DISTRICT, BY ADDING A NEW SUBSECTION 54-4(4) TO ESTABLISH A MAXIMUM BUILDING HEIGHT OF 35 FEET Planning Director Hayes gave the background information and advised that the Planning Staff recommended approval. I Chm. Gottovi called on the citizens who had signed up to speak in the order they were list on the form. The following persons commented: Mr. Henry Johnston Mr. Harold Seagle, Attorney Dr. Don Getz Chm. Gottovi declared the public hearing closed. After questions and deliberations by the Commissioners, Comm. Barfield MOVED, SECONDED by Comm. O'Neal that the 35 feet height restriction be approved in B-1 (Business) Districts. Upon vote, the ordinance entitled, "An Ordinance of the County of New Hanover Amending Zoning Ordinance of New Hanover County, North Carolina, Adopted October 6, 1969", was UNANIMOUSLY ADOPTED. A copy of the Ordinance as adopted and signed is contained in Exhibit Book IX, page 27. I PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE VIII, OFF-STREET PARKING REQUIREMENTS, SECTION 80-1, TO PROHIBIT ELEVATED PARKING STRUCTURES IN ALL RESIDENTIAL DISTRICTS AND THE B-1 (BUSINESS) DISTRICTS Planning Director Hayes gave the background information and stated that the Planning Staff recommended that elevated parking not be permitted in residential areas. The following persons appeared to comment: Mr. Henry Johnston Mr. Harold Seagle, Attorney for Developers Dr. Don Getz, Save Airlie Road Association representative Chm. Gottovi declared the public hearing closed. The Commissioners discussed and deliberated in consideration of this amendment. Comm. O'Shields MOVED, SECONDED by Comm. Blake that elevated parking by special use permit be allowed in residential, commercial B-1 and B-2 and 0 &1 Industrial districts. Upon vote, the ordinance entitled "An Ordinance of the County of New Hanover Amending Zoning Ordinance of New Hanover County, North Carolina, Adopted October 6, 1969" was ADOPTED UNANIMOUSLY.. A copy of the ordinance as adopted and signed is contained ln Exhibit Book IX, page 27. I' PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, SECTION 50-2, TABLE OF PERMITTED USES, TO ALLOW CHILDREN'S DAY CARE SERVICE IN B-2 (HIGHWAY BUSINESS) DISTRICT Planning Director Hayes gave the background information and stated that the Planning staff recommended approval. Chm. Gottovi asked if there was anyone present to speak in favor of the proposed text amendment and no one appeared to speak. Chm. Gottovi asked if there was anyone present to speak in opposition and no one appeared. No one had signed up to speak. 202 MINUTES OF CONTINUED MEETING, DECEMBER 13, 1982 (CONTINUED) PUBLIC [IEA RTN.G-TO r()T-1S IIYPR ZONING ORnTl\T7:I NfE ARTICLE V, SECTION 50-2, TABLE OF PERMITT D CHILDREN'S DAY CARE SERVICE IN B-2 (HIGHWAY (CONT INUED ) C~~8 7:I~~NnMF.N~ TO , ALLOW BUSINESS) DISTRICT Comm. O'Shields MOVED, SECONDED by Comm. Barfield that the Zoning Ordinance Text Amendment be approved to allow Children's Day Care Services in B-2 Districts. \ Upon vote, the ordinance entitled, "An Ordinance of the County of New Hanover Amending the Zoning Ordinance of New Hanover County Adopted October 6, 1969", was UNANIMOUSLY ADOPTED. A copy of the ordinance as adopted and signed is contained in Exhibit Book IX, page 27. PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, SECTION 50-2, TABLE OF PERMITTED USES TO DISTINGUISH BETWEEN RETAIL NURSERIES, WHOLESALE NURSERIES, GREENHOUSES AND LANDSCPAING SERVICES Planning Director Hayes gave the background information and stated that the Planning Board had considered this amendment at its meeting on November 4, 1982, and recommended approval after deleting Landscaping Services from the Agricultural, Forestry and Fishing category. The Planning Staff recommended approval. Chm. Gottovi asked if there was anyone present who wished to apeak in favor of this request and no one appeared to speak. Chm. Gottovi asked if there was anyone present who wished to speak in opposition of this request and no one appeared to speak. No one had signed up to speak on this item. Comm. O'Shields MOVED, SECONDED by Comm. Blake to amend Article V, Section 50-2 as recommended by the Planning Board. Upon vote, an ordinance entitled, "An Ordinance of the County of New Hanover Amending the Zoning Ordinance of New Hanover County Adopted October 6, 1969" was UNANIMOUSLY ADOPTED. A copy of the ordinance as adopted and signed is contained ln Exhibit Book IX, page 27. PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, SECTION 50-2, TABLE OF PERMITTED USES, TO ALLOW SHOOTING RANGES IN 1-2 AND A-l (INDUSTRIAL) DISTRICTS SUBJECT TO CERTAIN SCREENING AND SETBACK REQUIREMENTS Planning Director Hayes explained the background information and stated that the Planning Board considered this amendment at its meeting on November 4, 1982, and recommended approval. The Planning staff recommended approval. Inpsections Director Conklin commented. Comm. Blake MOVED, SECONDED by Comm. Barfield to allow shooting ranges in the 1-2 and A-l Districts by Special Use Permit and that the Planning staff draw up a set of guidelines which can be used by the Board of County Commissioners and by those people who apply for construction and operation of a shooting range. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Planning staff will present the guidelines for approval at the next meeting. BREAK Chm. Gottovi.recessed the meeting for a break at 10:48 o'clock A. ~. until 10:59 o'clock A.M. REVIEW OF JUDICIAL BUILDING PLAQUE County Manager Cooper requested approval of a proposed plaque to be placed on the Judicial Building. The Commissioners agreed by consensus to authorize the Architect to proceed with the proposed plaque to include the exact date, May 17, 1982, of the groundbreaking ceremony. "- MINUTES OF CONTINUED MEETING, DECEMBER 13, 1982 (CONTINUED) 203 ADDITIONAL ITEMS I WRIGHTSVILLE SOUND SEWER PROJECT County Manager Cooper, Engineering Director Ed Hilton and Mr. Carl Farmer, representative of Henry von Oesen and Associates updated the Commissioners regarding donations received for the Wrightsville Sound Sewer System and requested approval of an amendment to the engineering contract with Henry von Oesen and Associates to proceed with engineering studies with the estimated cost of $37,900 to be adjusted upwardly if the bids are in excess of the estimate. Comm. O'Shields MOVED, SECONDED by Comm. O'Neal to authorize the Chairman to sign the amendment to the contract with Henry von Oesen and to transfer the funds from the Northeast Interceptor Project to the Wrightsville Sound Sewer Project. Upon vote, the MOTION CARRIED UNANIMOUSLY. FUTURE REQUESTS FOR TIE-INS TO THE WRIGHTSVILLE SEWER PROJECT Comm. O'Shields MOVED, SECONDED by Comm. Barfield to direct County Manager Cooper to prepare policies for future requests for tie-ins and for maintenance agreements or approval at a later meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. AMENDMENT TO CLARK-KENITH CONTRACT Comm. Barfield MOVED, SECONDED by Comm. O'Shields to authorize an amendment to Clerk-Kenith Company contract to extend the final completion date 18 days beyond the original date that was agreed on. Upon vote, the MOTION CARRIED UNANIMOUSLY. I COMM. O'SHIELDS TO REQUEST ASSISTANCE FROM NCACC ON LEGISLATION Chm. Gottovi reported that she had asked Comm. O'Shields and he had agreed to bring up our problem with the Refuse Fired Steam Production Facility to the State Association of County Commissioner for their help if necessary, if Commissioners puts in some legislation this year to clarify what a refuse fired steam production facility is, as opposed to what it is not. NOMINATION OF JEAN DEBELL O'NEAL TO MARINE RESOURCES ADMINISTRATIVE BOARD Comm. O'Neal MOVED, SECONDED by Comm. O'Shields to nominate Dr. Jean DeBell O'Neal to represent New Hanover County on the Marine Resources Administrative Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF LUKE AND SANDERS TO COUNCIL ON STATUS OF WOMEN Chm. Gottovi MOVED, SECONDED by Comm. Blake to appoint Ms. Cynthia Luke and Ms. Gayla Sanders to fill unexpired terms on the Council on the Status of Women. Upon vote, the MOTION CARRIED UNANIMOUSLY. RATIFICATION OF APPOINTMENT OF DRAIN AND REAPPOINTMENT OF GRAHAM TO THE SOUTHEASTERN MENTAL HEALTH AREA BOARD By consensus the appointment of Mrs. Allene Drain to serve a four year term and the reappointment of Dr. Charles Graham to serve a four year term on the Southeastern Mental Health Baord, was ratified. 1 APPOINTMENTS TO PLANNING COMMISSION POSTPONED UNTIL JANUARY 4 MEETING It was agreed by consensus to postpone appointments to the Planning Commission until January 4 meeting. APPOINTMENT OF RUFFIN AND LOCKE AND RATIFICATION OF APPOINTMENT OF WOMBLE TO THE HUMAN RELATIONS COMMISSION Comm. Barfield MOVED, SECONDED by Comm. Blake to ratify the appointment of Mr. Burt Womble as an Agency representative to the Human Relations Commission and appoint Ms. Joyce Ruffin and Ms. Merrily Locke to serve 3-year terms on the Human Relations Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chm. Gottovi delegated Comm. Barfield as Ex-officio on the Human Relations Commission. 2 0 4rINUTES OF CONTINUED MEETING, DECEMBER 13, 1982 (CONTINUED,r (. ADDITIONAL ITEMS (CONTINUED) APPOINTMENT OF LUDLOW, BRAGG AND CHIMIAK TO ZONING BOARD OF ADJUSTMENT Chm. Gottovi MOVED, SECONDED by Comm. Blake to appoint Ms. Kathryn Ludlow to fill an unexpired term as a regular member and Mr. Jack Bragg and Mr. Walter Chimiak as alternates to fill unexpired terms on the Zoning Board of Adjustment. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF DAVIS TO MUSUEM BOARD OF TRUSTEES Chm. Gottovi MOVED, SECONDED by Comm. Blake to appoint Mr. Russell Davis to the Museum Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF COMM. O'NEAL TO AIRPORT COMMISSION AND HOSPITAL BOARD Chm. Gottovi MOVED, SECONDED by Comm. Barfield to appoint Comm. O'Neal as County Commissioner representing the Airport Commission and the New Hanover Memorial Hospital of Trustees. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, O'Neal and Chm. Gottovi. Voting Noe: Comm. Blake and O'Shields. APPOINTMENT OF COMM. O'NEAL TO FIRE INSPECTIONS COMMITTEE Comm. O'Shields MOVED, SECONDED by Comm. Barfield to appoint Comm. O'Neal to serve as the County Commission representative on the Fire Inspections Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Comm. O'Shields MOVED, SECONDED by Comm. Barfield that the meeting be adjourned. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chm. Gottovi adjourned the meeting at 11:46 o'clock A.M. Respectfully submitted, ~~~ Joyce B. Bragg, Acting Clerk MINUTES OF REGULAR MEETING, DECEMBER 20, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 20, 1982, 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.; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Acting Clerk to the Board Joyce B. Bragg. Chairman Karen E. Gottovi was absent. Rev. Billy Peele, Pastor of Oleander and Devon Park United Methodist Churches gave the invocation. APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 6, 1982 Comm. Blake MOVED, SECONDED by Comm. O'Shields that the minutes be approved as presented. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and O'Shields. Absent: Chm. Gottovi. "-