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1983-02-07 Regular Meeting 224 MINUTES OF SPECIAL MEETING, JANUARY 24, 1983 (CONTINUED) DISCUSSION OF MAJOR CONCERNS, PRIORITIES AND ISSUES OF IMPORTANCE (CONTINUED) and building plans indicating the amount of funding needed by the School System for further action to be taken by the Board of Commissioners. r Mr. Eugene N. Floyd, Mayor of Wrightsville Beach commented,. _ requesting that consideration be given to permitting Wrightsville Beach Elementary School to remain open. The Members of the Board of Education expressed their appreciation to the Commissioners for the support and funding of the school programs in the past and stated that a specific plan would be presented to the Board of County Commissioners in the near future. ADJOURNMENT Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield that the meeting be adjourned. Upon vote, the motion carried UNANIMOUSLY. Chairman Gottovi adjourned the meeting at 10:00 o'clock A~M. ~spectfullY s~bm. itted, ~/.~~ cie F. Smith, Clerk r 0. r - MINUTES OF REGULAR MEETING, FEBRUARY 7, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 7, 1983, at 7:00 o'clock P.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. Chairman Gottovi called the meeting to order. Commissioner Claud O'Shields gave the invocation. APPROVAL OF MINUTES FOR REGULAR MEETING, JANUARY 17, 1983 AND SPECIAL MEETING, JANUARY 24, 1983 Commissioner Blake MOVE~ECONDED by Commissioner that the minutes of the Regular Meeting of Janu~~y 17, approved as presented. Upon vote, the- motilon UNANIMOUSLY. r Barfield 1.~83, be_ -CARRt-ED. Commissioner O'Shields that the 1983, be approved UNANIMOUSLY. Barfield MOVED, SECONDED by Commissioner minutes of the Special Meeting of January 24, as presented. Upon vote, the MOTION CARRIED APPROVAL OF CONSENT AGENDA County Manager Cooper explained to the Board that the City of Wilmington had donated $5,000 to the Museum Foundation toward the purchase of artifacts from the Blockade Runner Museum. The '- 225 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) ITEM NO. 5 DELETED FROM CONSENT AGENDA I City had made 'the check payable to New Hanover County instead of the New Hanover County Museum Foundation, Inc. County Manager Cooper requested approval of a Budget Amendment transferring $5,000 from Miscellaneous Revenues to Contributions of Other Agencies thereby making immediate payment to the Museum Foundation. He also requested that the agreement between the New Hanover County Museum and New Hanover County Museum Foundation,. Inc., Item No. 5 on the Consent Agenda for the Board Meeting of February 7, 1983, be deleted from the agenda until further study could be made due to serious inconsistencies in the agreement. Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield that the following Consent Agenda item. be approved with the deletion of Item No. 5 and approval of a Budget Amendment presented by. County Manager Cooper. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITION OF ROAD TO STATE SECONDARY ROAD SYSTEM The SR-2 Resolution was adopted requesting the addition of the following road to the State Secondary Road System: Long Ridge Drive A copy of the resolution is contained in Exhibit Book IX, page 33. I AZALEA FESTIVAL FIREWORKS PERMIT The Commissioners approved the issuance of a permit to the Azalea Festi val Commi t tee author izing: (l) a fireworks display at Legion Stadium on the evening of April 7, 1983, and (2) the firing of three inch flares or salutes from the river bank near the Battleship USS North Carolina during the evening of Wednesday, Apr i 1 6, 1983, or the morning of Thursday, April 7, 1983, for the arrival of the Azalea Festi val Queen. RESOLUTION FOR SALE OF SURPLUS PROPERTY The Commissione~dopted a resolution accepting an offer to purchase surplus real property from the City of Wilmington. A copy of the resolution is contained in Exhibit Book IX, Page 33. RESOLUTION AUTHORIZING QUIT CLAIM OF INTEREST IN TAX FORECLOSED PROPERTY TO THE CITY OF WILMINGTON The Commissioners adopted a resolution authorizing Quit Claim of Interest in tax foreclosed property to the ci ty of wilmington rescinding the authorization to quit claIm its interest in the lot on Rankin Street and substitute authorization to quit claim the County's interest in the lot at 209 South Eighth Street barring any effect on the other lots for which a quit claim deed was authorized. I A copy of the resolution is contained in Exhibit Book IX, Page 34. RESOLUTION - NEW HANOVER COUNTY LIBRARY - BOOK SALE The Commissioners adopted a Resolution -authorizing the New Hanover County Library to hold book sales whenever needed and that the proceeds of the sales would be appropriated to Account No. 11-6110-423 to be used for the purchase of new books for the library. A copy of the Resolution is contained in Exhibit Book IX, Page 35. 226 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) EXTENSION OF APPOINTMENT OF COUNTY ENERGY COORDINATOR The Commissioners agreed to extend the appointment of Andrew Harris as County Energy Coordinator for the period through December 31, 1983. CONCESSION AGREEMENT - TRASK . PARK PARKS & RECREATION DEPARTMENT County Manager Cooper was authorized to execute an agreem~nt with Mr. James w. Wishon to operate a concession at Trask Park from April 1, 1983 through September 11, 1983. ELI~IBILI'IYREPORT - SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION Chairman Gottovi was authorized to execute an Overall Economic Development Program Report to the Atlanta Regional Office of the Southeastern Development Commission in order for New Hanover County to maintain its status as a Redevelopment Area County and recei ve monies from the Economic Development Administration. A copy of the Agreement is contained in Exhibit Book IX, Page 34. CHANGE IN METES AND BOUNDS FOR SALE OF PROPERTY - 405 SOUTH SIXTH STREET The Commissioners approved the sale of the 40S South Sixth Street Property wi th a change in the metes and bounds description. The sale was originally approved at a Regular Board Meeting on October 18, 1982. APPROVAL OF PERSONNEL POLICY AMENmlliNTS The Commissioners approved the following amendments to the Personnel Policy: I. Article VII. Sec. 4. Annual Leave Annual leave can only be accumulated by: (1) full-time or part-time permanent/probationary employees. (2) full-time or part-time permanent employees. Annual leave may be used for rest and relaxation and for approved sick leave. This amendment would expand the use of annual leave to allow employees the choice of using annual or sick leave for personal or family illness. The existing policy allows the use of annual leave for illness, if all of the sick leave has been exhausted. 2. The term "Annual" Leave be changed to "Personal" Leave in all appropriate places throughout the Personnel Policy. 3. Article VII. Sec. 7 Annual Leave - Manner of taking and Sec. 12 Sick-Leave Manner of Accumulation. Both of these Sections require that leave taken for either of these purposes be done in increments of one hour. The reason for this is because of the former manual method used to figure leave time. Since the computer now does the computations, there is no need to require the one hour increments. Therefore, with the approval of the Finance Director, I am recommending that leave be reported in IS minute increments. 4. Article IX. Sec. 1 Insurance Benefits i'... 227 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) APPROVAL OF PERSONNEL POLICY AMENDMENTS I A permanent employee who resigned in good standing or was separated under a reduction-in-force may participate in the County's hospital insurance program now in existence or adopted in the future if: (l) they have at least fifteen (15) years crestLtab1e s~ervice defined by the North Carolina Loca 1 Governmental Employees' Retirement System, including services credited by state and local systems; and (2) they are not eligible for Medicare benefits. Participants must pay the entire cost of membership at least thirty (30) days in advance of the month in which the premiums are due to the carrier by the County. Non-payment will result in a non-reinstating cancellation. 5. Article IX. Sec. 3 Retirement Benefits Delete the sentence, "Upon appointment, all proba tionary, permanent, and permanent part-time employees will be required to join the County retirement plan." This practice was eliminated with the adoption of Amendment (b) to Article IV. Sec. 10. Probationary Period of Employment, on April 16, 1981. I CHANGE ORDER P-l - LAW ENFORCEMENT CENTER - JAIL RENOVATION The Commissioners -approved Change Order P-l for installing extra valves in the plumbing of the fourth floor of the Law Enforcement Center as per the following Budget Amendment: Debit Credit - Acct. #40 9800 911, Contingencies Acct. #40 4700 625, Plumbing $334.00 $334.00 BUDGET AMENDMENT - SHERIFF'S DEPARTMENT - PURCHASE ----- REPLACEMENT VEHICLE The Commissioners approved the following Budget Amendment for the purchase of a vehicle as follows: Debi t - Acct. #11 3390 890, Misc. Revenue $10,250.00 Credit - Acct. #11 4311 640, Sheriff - Cap. Outlay $10,250.00 BUDGET AMENDMENT - RENOVATION WORK AT THE NEW BRANCH LIBRARY ---- AT COLLEGE SQUARE The Commissioners approved the following Budget Amendment for renovation work at the new branch library at College Square as follows: Debit - Acct. #11 6110 351, Building Rent Acct. #11 6110 393, M & R Auto & Trucks Acct. #11 6110 640, Capital Outlay Credit - Acct. #11 4196 391,.M & R Bldgs. & $2,550.00 1,000.00 2,777.00 $6,327.00 I AWARD OF UNIFORMS BIDS - SHERIFF'S DEPARTMENT The Commissioners awarded the bid to purchase uniforms for the Sheriff's Department to the low bidder, American Uniform Sales, Inc. for the amount of $15,405.00. The following bids were received: American Uniform Sales, Inc. P.O. Box 564 Fayettevile, N. C. 28302 $15,405.00 Hub Uniform Company of Raleigh, 5209 North Boulevard Raleigh, n. C. 27604 Inc. $19,620.00 Z~~ MINUTES OF REGULAR MEETING, FEBRUARY 7, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) AWARD OF AUTOMOBILE BIDS - SHERIFF'S DEPARTMENT The Commissioners awarded the bid to purchase vehicles for the Sheriff's Department to the low bidder, O'Neal Motors of Raleigh, North Carolina, for the amount of $52,762.90. The following bids were received: O'Neal Motors, Inc. P.O. Box Raleigh,N.C. 27602 $52,762.90 D and E Car Exchange, Inc. 6220 Market Street wilmington, N . c. 28405 $61,165.10 Neuwirth Motors, Inc. 219 South College Road wilmington, N.C. 28401 $64,770.00 REJECTION OF BIDS - AIRPORT - ADAP-05 AND 06 ENGINE GENERATOR -- -- PROJECT Authority was given to reject all bids received by the Airport on the ADAP-05 and 06 Engine Generator Project and to readvertise the bid. PROCLAMATION - NATIONAL ENGINEERS WEEK Chairman Gottovi was authorizedto sign the following Proclamation proclaimj"ng . the week of February 20-26, 1983, as National Engineers Week. PROCLAMATION WHEREAS, the Nation looks to its engineers for the application of science, skill, training and experience in meeting many of our serious national problems; and WHEREAS, as an era of unmatched progress generates new problems for society, man's demand for an environment tailored to his needs grows ever more intense. To meet this demand will require all of the engineering talent we can possibly mobilize; and WHEREAS, we owe to the members of the engineering profess ion who have pioneered, developed and brought to fruition many of the vast benefits to our economic, industrial and .social well-being through the protection to life, health and property, in development of agricultural, petroleum and mineral resources, ways and means of transportation, power, water, light, sanitation, and communications systems, and conservation of natural resources; and WHEREAS, it is fitting that we set aside a week of acknowledging and commemorating the important role of the Professional Engineer in American life. NOW, THEREFORE, I, Karen E. Gottovi, Chairman of the New Hanover County Commissioners, Wilmington, North Carolina, do hereby proclaim the week of February 20-26, 1983 as Engineers Week. OAR - ENDORSEMENT OF CBA DISCRETIONARY FUNDS FOR DISTRICT COURT FARM PROGRAM Judge Gilbert Burnett appeared before the Commissioner requesting endorseme of the District Court Farm Program stressing the imp?!tance of the program to the community. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Blake for county endorsement for CBA discretionary funds for the District Court Farm Program without any county matching funds. Upon vote, the motion CARRIED UNZ'I"l\lIMOUSLY. r--.. 229 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1983 (CONTINUED) I RESOLUTION - NEW HANOVER SHERIFF'S DEPARTMENT - APPLICATION FOR FEDERAL FUNDI~F DUI GRANT Sheriff McQueer.tappeared before the Commisioners to request approval of a resolution to file an application to receive federal funds in the amount of $114,384 from the Governor's Highway Safety Program for a DUI Grant beginning April 1, 1983. Sheriff McQueen explained that the funds would be used to purchase equipment for the Sheriff's Department and for the hiring of six (6) deputies and one (1) clerk to implement the program. He stressed the importance of the funding stating that citizens throughout the county had contacted his department requesting services providing surveillance of subdivisions for drunken driving and rigid patrol of speeding in school zones. Commissioner O'Shields expressed his concern for the County providing services that should be the responsibility of the State and the position the County would be placed in if federal funding is discontinued. He also pointed out the impact of overcrowding the County Jail by DUI arrests. Commissioner Barfield expressed his concern for the hiring of seven employees and what position the County would be placed in if the funds are discontinued. After discussion, it was the consensus of the Commissioners to have Sheriff McQueen inform all employees hired under the DUI Grant that these positions are federally funded and will end if the funding is discontinued. Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to approve the resolution authorizing Sheriff McQueen and Chairman Gottovi to execute the application for the DUI Grant. A copy of the resolution is contained in Exhibit Book IX, Page 35. I BREAK Chairman Gottovi recessed the meeting for a break from 7:40 o'clock P.M. to 7:50 o'clock P.M. allowing persons wishing to comment on any agenda item to sign up. PUBLIC HEARING TO CONSIDER A REQUEST FOR APPEAL FROM THE - - RECOMMENDATION OF THE PLANNING BOARD TO DENY REZONING PROPERTY LOCATED ON THE WEST SIDE OF ROGERS AVENUE ~OXIMATELY 400 FEET NORTH O~WR1GHTSVI~AVENUE FROM AN R-15 DISTRICT TO A B-1 BUSINESS DISTRICT. CASE NO. X-ISO 1/~ - - - Chairman Gottovi stated that the appellant had requested postponement and asked if Mr. A. J. Simmons was present and if he wished to postpone his public hearing, Item No. 17 on the Regular Agenda. Mr. Simmons commented requesting that the public hearing not be postponed but remain on the agenda as scheduled. PUBLIC HEARING Notice had been given that a Public Hearing will be held by the Board of Commissioners of New Hanover County on Monday, February 7, 1983, at 7:00 P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: I PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE VI, DISTRICT REGULATIONS, SECTION 50-2, TABLE OF PERMITTED USES AND ARTICLE VII, SECTION 71 TO ESTABLISH SPECIAL USE PERMIT REQUIREMENTS FOR OUTDOOR SHOOTING RANGES This Public Hearing was continued from the meeting of January 4, 1983. Chairman Gottovi stated that the Commissioners had been furnished data by the Planning Department on a meeting held on January 31, 1983, by the New Hanover County Planning Department with the Wilmington Handgun Association; Confederate Gun Club; Diamond Shamrock; City of Wilmington, Police Department; and the New Hanover County Sheriff's Department. After discussion, Planning Director Hayes explained that there were two options to the application of existing shooting ranges as follows: 230 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1983 (CONTINUED) PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE VI, DISTRICT REGULATIONS, SECTION'5O=2, TABLE OF PERMITTED USES AND ARTICLE VII, SECTION 71 TO ESTABLISH SPECIAL USE PERMIT "REQUiREMENTS FOR OUTDOOR SHOOTING RANGES (CONTINUED) I. Any lawfully erected outdoor shooting range which is made nonconforming by this ordinance or amendment thereto must be brought into compliance with this Section of the Ordinance within one (1) year of the effective date of its adoption, and 2. Continue with ~o change The Commissioners discussed the options. Commissioner Blake expressed his concern for the erection of a commercial range' with no qualified supervision for safety. Chairman Gottovi stated that the passage of this Zoning Ordinance Text Amendment would require the issuance of a Special Use Permit thereby establishing certain guidelines for any ranges being erected. Commissioner O'Neal stressed the importance of regulations for shooting ranges and asked County Attorney Pope if this would entail any liability on the part of the County. County Attorney Pope felt that no liability would be incurred by the County and was in favor of regulations being established. Chairman Gottovi asked if there was anyone present who wished to comment on the amendments concerning the regulations on shooting ranges. The following persons commented: Mr. Gary McD~niel Mr. Joe Craig Mr. James R. Ferger Mr. Arch Jones r After further discussion by the Board, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield, to approve the Zoning Ordinance Text Amendment to Article V, District Regulations, Section 50-2, Table of Permitted Uses by adding Outdoor Shooting Ranges as a Special Use in I-2 and A-I Industrial Districts and amending Article VII, Section 72, Additional Restrictions Imposed on Certain Special Uses by.adding a new Subsection 72-34 to read as follows: 72-34 Outdoor Shooting Ranges - Outdoor Shooting Ranges may be permitted in I-2 and A-I Industrial Districts subject to the requirements of the district and provided that: (1) All shooting areas shall be setback a minimum distance of one hundred feet (100) from any street right-of-way. (2) The firing range shall have a natural earth embankment a minimum of ten (10) feet high placed behind all targets within the shooting area. (3) The firing range shall be posted "No Trespassing - Danger - Shooting Range", at one hundred (100) foot intervals around the perimeter. r (4) At least one qualified individual in the sponsoring club or organization shall be certified for shooting range supervision. Each facility shall adopt safety rules and regulations as determined by the sponsoring club or organization. ....... 231 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1983 (CONTINUED) PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT SHOOTING RANGES (CONTINUED) OUTDOOR (5) The firing range shall be covered by a minimum of three hundred thousand (300,000) dollars of accident and liability insurance. I Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Text Amendment Ordinance enti tIed "An Ordinance of the County of New Hanover County Adopted October, 1969," is contained in Exhibit Book._IX-j-Pc:.~~:_36. PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO THE -- COMMERCIAL OFFICE AND INSTITUTIONAL, AND INDUSTRIAL ZONING DISTRICTS CONCERNING THE HEIGHT, SIZE, AND SETBACKS OF BUILDINGS This Public Hearing was continued from the-meeting of January 4, 1983. Planning Director Hayes gave background information on the Zoning Ordinance Text Amendment. Chairman Gottovi stated that the Planning Staff recommended approval of the Floor Area Ratio with the Planning Board recommending approval of the Floor Area Ratio of 1.0 for the 0 & I, B-2 and I- I zoning districts, but not to consider a 35 foot height limit or an exception to the Floor Area Ratio standard if the building is located wi thin the Urban Services Area and fronts along a Collector, Minor Arterial or a Principal Arterial. ~omm~ssione~ -O~Neal- asked Planning Director Hayes to comment on the difference between recommendations by the Planning Staff and Planning Board. Planning Director Hayes stated that the Planning Staff had complied with the County's Land Use Plan. I Commissioner Gottovi asked if anyone present wished to comment. The following persons commented in opposition to the text amendment. Mr. Bill Humble Mr. John Stirewalt Dr. Donald Getz Mr. Henry Johnst9~ After discussion, Commissioner Barfield MOVED, SECONDED by Commissionner O'Shields to amend Article V, District Regulations, Section 59.1, Office and Institutional 'District by adding a new Section 59.1-6 to read as follows: 59.1-6(6) Maximum Building Height - 40 feet Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to amend Article V, District Regulations, Section 55-4, B-2 Highway Business District and Section 56-4, I-I Industrial District by adding the following new Sections 55-4(4) to read: 55-4(4) Maximum Building Height - 40 feet; except that buildings located within the Urban Services Area and fronting along a Collector, Minor Arterial or Principal Arterial as indicated on the County's Thoroughfare Classification Plan, may exceed 40 feet provided their FAR does not exceed 1.0. I 55-4(4) Maximum Building Height - 40 feet; except that buildings located wi thin the Urban Services Area and fronting along a Collector, Minor Arterial or principal Artrerial as indicated on the County's Thoroughfare Classifications Plan, may exceed 40 feet provided their FAR does not exceed 1.0. and Amend Article II, Definitions, by adding a new Section 23-74 to read as follows: 232 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1983 (CONTINUED) PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT TO THE - ----- - - COMMERCIAL OFFICE AND INSTITUTIONAL, AND INDUSTRIAL ZONING DISTRICTS CONCERNING THE HEIGHT SIZE, AND SETBACKS OF BUILDINGS (CONTINUED) -- 23-74 FloorArea Ratio - Floor Area Ratio equals the total floor area of all structures located on a lot divided by the gross lot area. The MOTION was ADOPTED by the following vote: Ayes: Donald P. Blake Jonathan Barfield, Sr. Karen E. Gottovi Nolan O'Neal Nays: Claud O'Shields, Jr. A copy of the Text' Amendment Ordinance enti tIed, "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969" is contained in Exhibit Book IX, Page 36. BREAK Chairman Gottovi recessed the meeting for a break from 9:00 o'clock P.M. to 9:12 o'clock P.M PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 589 ACRES, LOCATED WEST OF US HIGHWAY 421, EAST OF THE CAPE FEAR RIVER AND NORTH OF THE U.S. COAST GUARD STATIONFROM AN R-15 RESIDEN~AL DISTRICT TO AN R-10 RESIDENTIAL DISTRICT. Planning Director-Hayes gave background information on the rezoning request stating that the Planning Staff recommended denial of this rezoning due to conflict with -the County's policies discouraging the location of high density development outside of the Urban Services Area. He stated that the Planning Board had considered this request at its meeting on January 6, 1983, and recommended approval. r Chairman Gottovi asked if there was anyone present wishing to speak in opposition of the rezoning. The following persons commented: Ms. Sue Houston, President of the League of Women Voters Mr. Steve Lee, representing Carolina Crossroads Mr. Thomas Shanon, representing Quality of Life Alliance Mr. Thomas Blackham, owner of land adjoining property to be rezoned. Mr. James A. Ferger, Chairman of the Sierra Club. Staff Attorney Kenneth Silliman commented stating that the request for rezoning would be in direct conflict with the Land Use Plan and this point should be taken into consideration by the Commissioners. Chairman Gottovi asked if there was anyone present wishing to speak in favor of the rezoning. The following persons commented: r Mr. Franklin Jackson, Attorney for Suggs and Harrelson Construction Company, commented urging approval of the rezoning. Mr. Bobby Harrelson, the developer, commented and answered questions by the Commissioners. After a lengthy discussion by the Commissioners, Mr. Bobby Harrelson, and Mr. Franklin Jackson concerning the Land Use Plan and rezoning request, Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to table this r:ezoning request until the March 7, 1983, Board Meeting and for the Commissioners to schedule a meeting on March 2, 1983, to discuss the Land Use Plan. Upon vote, the MOTION was CARRIED UNANIMOUSLY. '--- 233 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1983 (CONTINUED) RATIFICATION OF REAPPOINTMENT OF MOBLEY TO SOUTHEASTERN MENTAL HEALTH AREA BOARD _ Commissioner Barfield MOVED, SECONDED by Chairman Gottovl to ratify the reappointment of Mr. John Mobley to serve a three year term on the Southeastern Mental Health Area Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. I RECESS AND CONTINUATION OF THE MEETING UNTIL FEBRUARY 14, 1983. Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to recess the meeting until 7:00 o'clock P.M. February 14, 1983. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi recessed the meeting until 7:00 o'clock P.M. February 14, 1983. ~C~~itted. Lucie F. Smith, Clerk MINUTES OF CONTINUED MEETING, FEBRUARY 14',1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 14, 1983, at 7:00 P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. This meeting was continued from the Regular Meeting on February 7, 1983. I Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Chairman Karen E. Gottovi; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Clerk to the Board Lucie F. Smith. Commissioner Claud O'Shields was absent. PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 26 ACRES, ~OCATED ON THE EASTSIDE OF U.S. HIGHWAY 17 AND THE WESTSIDE OF-MILITARY CUTOFF, APPROXIMATELY 300 FEET SOUTH OF THIS INTERSECTION FROM A R-15 RESIDENTIAL DISTRICT TO A B-2 HIGHWAY BUSINESS DISTRICT. Planning Director Hayes gave the background information on the rezoning request stating that the Planning Staff and Planning Board recommended approval with the adjoining property owned by Travelers Oil Company, the rear portion of the Cemetery, and the Odgen Rescue Facility being included in the zoning change to be consistent with the County Growth policies encouraging the clustering of commercial uses along major thoroughfares. Chairman Gottovi asked if anyone present wished to speak In favor of this request. Mr. James Teachey commented stating that he was present on behalf of the owner and would be glad to answer any questions. Chairman Gottovi asked if anyone present wished to speak In oppo- sition to this request. 'No one commented. I Mr. M. H. Vaughan suggested that a map be shown on the exhibits presented by the Planning Staff. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve the rezoning request and adopt an ordinance entitled "An Ordinance of the County Of New Hanover Amending the Zoning Map of Zoning Area 6 of New Hanover County, North Carolina Adopted September 7, 1971." Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and Chairman Gottovi Absent: Commissioner O'Shields A copy of the Ordinance as adopted and signed is contained In Zoning Ordinance Book I, Section 6, Page 22.