HomeMy WebLinkAbout1982-12-13 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.
"-