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1983-02-14 Continued Meeting 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. 234 MINUTES OF CONTINUED MEETING, FEBRUARY 14, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY APPROXI- MATELY 2.5 ACRES LOCATED ON THE WEST SIDE OF U. S. HIGHWAY 17 AND THE SEABOARD COASTLINE RAILROAD, APPROXIMATELY 3,000 FEET NORTHEAST OF THE U. S. 74 INTERSECTION FO~ MOBILE HOME IN AN 1-1 INDUSTRIAL DISTRICT Planning Director Hayes gave the background information on the application for a Special Use Permit to place a Mobile Home in an 1-2 district stating that the general requirements had been met and that the Planning Staff and Planning Board recommended approval. Chairman Gottovi asked if the petitioner was present to be sworn to give testimony and Mr. Paul Grainger appeared before the Board and was duly sworn to testify in favor of his application and answer questions from the Planning Director and the Commissioners. Chairman Gottovi asked if there was anyone present to speak in opposition to the Special Use Permit and no one appeared in opposition. Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the Special Use Permit and upon vote the following order granting the Special Use Permit was CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and Chairman Gottovi Absent: Commissioner O'Shields The County Commissioners for New Hanover County having held a Public Hearing on February 7, 1983, to consider application number SU-203 1/83 submitted by Paul Grainger, a request for a special use permit to use the property located at westside of U. S. Highway 17 and the Seaboard Coastline Railroad approximately 3,000 feet northeast of the U.S. 17/74 intersection for a Mobile Home in an 1-2 District 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 72-27 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 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 health or safety if located where proposed and developed according to the plan as submitted and approved. In sunport of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. County Health Department has provisionally approved the property for septic tank with modifica,tions. b. Fire Service is provided by the Ogden Volunteer Fire Department. c. A railroad crossover is provided. 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 conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. Mobile Homes are a permitted use in the 1-1 and 1-2 districts on a temporary basis for security reasons. b. All residential requirements of the R-15 district should be observed. c. Acreage, setbacks, and parking requirements of the Zoning Ordinance are satisfied. 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 pronerty, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: ~ MINUTES OF CONTINUED MEETING, FEBRUARY 14, 1983, (CONTINUED) 235 PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 2.5 ACRES LOCATED ON THE WEST SIDE OF U. S. HIGHWAY 17 AND THE SEABOARD COASTLINE RAILROAD, APPROXIMATELY 3,000 FEET NORTHEAST OF THE U. S. 74 INTERSECTION FOR A MOBILE HOME IN AN 1-1 INDUSTRIAL DISTRICT (CONTINUED) a. Upholstery and used car sales occupy the front pOrtion of the property. b. R-15 Residential zoning that permits Mobile Homes cuts through the rear portion of the property. I 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 support of conclusion, the Commissioners make the following FINDINGS OF FACT: a. Other residences are located nearby. b. Vacant property is located to the north and west. 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. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. I 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 become void and of no effect. c. Other: 1. Special Use Permit after l2-month period may be terminated by the Building Inspector atter 90 days notice and after review and recommendations by the Planning Board and Board of County Commissioners. I PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTING REVISION OF SITE PLAN FOR A SPECIAL USE PERMIT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GREENVILLE LOOP ROAD, APPROXIMATELY 520 FEET WEST OF DARBY STREET (SR1662) FOR A MULTI-FAMILY DEVELOPMENT IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes explained that this request was to revise a Special Use Permit that was originally approved by the Commissioner? on February 1, 1982. He stated that the new site plan is a consider~ able improvement over the original design and that the number of units remain the same along with all other requirements of the Zoning Ordinance. Planing Director Hayes stated that since these changes would be occurring, such as the inclusion of a lake and changes in traffic patterns, it was the consensus of the Planning Director and Inspections Director to present this revision of the Special Use Permit before the Commissioners for approval. Chairman Gottovi asked if the Special Use Permit procedures had to be followed since this is a revision to an approved permit. County Attorney Pope stated that these procedures would not have to be used since there were no inconsist2ncies to the originally approved Special Use Permit. Chairman Gottovi asked if anyone present wished to speak In favor of this request. The following persons commented: Mr. Davld Barefoot Mr. Jay DeChesere 236 MINUTES OF CONTINUED MEETING, FEBRUARY l4~ 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTING REVISION OF A SITE PLAN FOR A SPECIAL USE PERMIT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GREENVILLE LOOP ROAD, APPROXIMATELY 520 FEET WEST OF DARBY STREET (SR1662) FOR A MULTI-FAMILY DEVELOPMENT IN AN R-20 RESIDENTIAL DISTRICT (CONTINUED) Commissioner O'Neal requested Mr. Jay DeChesere to comment on the addition of the lake to the property. Mr. DeChesere explained that the lake would be the main source of'drainage for the property and that the Homeowner's Association would maintain the lake and property. Chairman Gottovi asked if anyone present wished to speak In opposition to this request, the following person commented. Mr. M. H. Vaughan spoke in opposition stating that he felt these modificationsin the Special Use Permit were a major change and according to the Planning Ordinance would nullify the permit. County Attorney Pope stated that the changes did not fall in the category of modifying the original permit and that approval of this Special Use Permit would be legal. Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the revision of the site plan for the Special Use Permit. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and Chairman Gottovi Absent: Commissioner O'Shields PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY APPROXI- MATELY 20~000 SQUARE FEET, LOCATED ON THE NORTHSIDE OF BRIDGE ROAD, APPROXIMATELY 200 FEET WEST OF BEACH ROAD SOUTH OF FIGURE EIGHT ISLAND FOR A VOLUNTEER FIRE DEPARTMENT IN AN R-20S RESIDENTIAL DISTRICT Planning Director Hayes gave the background information on the application for a Special Use Permit to allow the construction of a Volunteer Fire Station on Figure 8 Island in a R-20S Residential District. He stated that the proposed structure had met all the > general requirements and that the Planning Board had considered it at its meeting of January 6, 1983, and recommended approval. Chairman Gottovi asked if the petitioner was present to be sworn in to give testimony, and Mr. Charles Kroger, President of the Homeowner's Association of Figure 8 Island, appeared before the Board and was duly sworn to testify in favor of the application and answer any questions from the Planning Director and the Commissioners. Chairman Gottovi asked if there was anyone present to speak in opposition to the Special Use Permit. No one appeared in opposition. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Blake to approve the Special Use Permit and upon vote, the following order granting the Special Use Permit was CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal, and Chairman Gottovi Absent: Commissioner O'Shields The County Co~missioners for New Hanover County having held a Fublic Hearing on February 7, 1983, to consider application number SU-203 1/83 submitted by Ligon B. Flynn, a request for a special use permit to use the property located at the northside of Figure 8 Island Causeway, approximately 200 feet west of Beach Road South for a Fire Station in an R-20S district and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: , MINUTES OF CONTINUED MEETING, FEBRUARY 14, 1983 (CONTINUED) 237 PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 20,000 SQUARE FEET, LOCATED ON THE NORTHSIDE OF BRIDGE ROAD, APPROXIMATELY 200 FEET WEST OF BEACH ROAD SOUTH OF FIGURE EIGHT ISLAND FOR A VOLUNTEER FIRE DEPARTMENT IN ANR-20S RESIDENTIAL DISTRICT (CONTINUED) 1. The County Commissioners FIND as a FACT that all of the specific requirBrents 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 health 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. Proposed structure is approved by the Health Department for septage disposal. b. Location and use should improve fire safety on the island. c. Nearest Volunteer Fire Department is approximately eight miles away located on the mainland. 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 conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. Fire Stations are permitted in all zoning districts. b. Parking, setbacks consistent with residential district requirements. I 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 the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: a. Fire stations are a public necessity in the community. 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 support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. Proposed structure is to be designed to blend with existing architecture. b. County Growth Policies encourage the provision of community facilities throughout the County. I 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. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. 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 become void and of no effect. c. Other: 1. Subject to CAMA regulations. 2. Compliance with all local, State, and Federal codes. 238 MINUTES OF CONTINUED MEETING, FEBRUARY 14,' 1983 (CONTINUED) BREAK Chairman Gottovi recessed the meeting for a break from 8:00 o'clock P.M. to 8:15 o'clock P.M. PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT - AMENDMENT TO ARTICLE V, SECTION 50-2, TABLE OF PERMITTED USES TO MAKE COMMERCIAL MARINAS A PERMITTED USE IN 1-1 AND 1-2 INDUSTRIAL DISTRICTS Planning Director Hayes gave the background information on the proposed zoning ordinance and stated that the Planning Staff and Planning Board recommended approval. Chairman Gottovi asked if anyone present wished to speak In favor of this request. The following person commented. Mr. Ed Lowe, representing the Masonboro Boatyard Chairman Gottovi asked if anyone present wished to speak In opposition to this request. The following person commented. Mr. M. H. Vaughan After discussion by the Commissioners and Planning Director Hayes, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to approve the text amendment including the Planning Staff's recommendation to make Commercial Marinas a permitted use in 1-1 and 1-2 Industrial Districts. A copy of the Ordinance as adopted and signed is contained In Exhibit Book X, Page 1. PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT - AMENDMENTS TO ARTICLE V, SECTION 50-2, TABLE OF PERMITTED USES TO DELETE NON-NEIGHBORHOOD USES FROM THE B-1 BUSINESS DISTRICT. Planning Director Hayes gave the background information on the proposed Zoning Ordinance Text Amendment stating that the Planning Staff had prepared worksheets to assist the Planning Board members in ranking commercial uses, and were quite pleased that the results were consistent with the Staff's original recommenda- tions. He stated that the Planning Board had considered this request at its meeting of January 11, 1983, and recommended approval. Chairman Gottovi asked if anyone present wished to speak in fa.vor of the text amendment. Dr. Donald Getz commented, suggesting approval of the amendment as presented with consideration by the Board of Commissioners to split dry storage out from marinas and issue a Special Use Permit for dry storage. Chairman Gottovi asked if anyone present wished to speak In opposition to the amendment. No one appeared to comment. After discussion by the Commissioners, Planning Director Hayes and Dr. Donald Getz, Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to approve the text amendment as recommended by the Planning Staff and Planning Board with the addition of commercial marinas in B-1 except by Special Use Permit. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and Chairman Gottovi r Absent: Commissioner O'Shields. An Ordinance entitled, "An Ordinance of the County of New Hanover, North Carolina Amending the zoning Ordinance of New Hanover County Adopted October 6, 1969", was ADOPTED. A copy of the Ordinance as adopted and signed is contained In Exhibit Book X, Page 1. '- MINUTES':OF CONTINUED MEETING, FEBRUARY 14, 1983 (CONTINUED) 239 I PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING BOARD TO DENY REZONING PROPERTY LOCATED ON THE WEST SIDE OF ROGERS AVENUE APPROXIMATELY 400 FEET NORTH OF WRIGHTSVILLE AVENUE FROM AN R-15 DISTRICT TO A B-1 BUSINESS DISTRICT Mr. Hayes gave background information on the case stating that the Planning Staff and Planning Board recommended denial of this rezoning based upon commercial use in a non-conforming residential area and permitting expansion of such commercial uses in an isolated area with limited access which is inconsistent with the County Growth Policies. Chairman Gottovi asked if the appellant would like to come forward and speak for his request. Mr. A. J. Simmons commented s ta ting tha t he ha s operated a non-conforming business at this locption since 1971, and would like to use this property as a place for storage of equipment. He stated that he has a sand blasting and painting firm, but that sand blasting was not done at this location. He also stated that there were three (3) entrances to his business and that he respectfully requested the Commissioners to reconsider this case rezoning this property from an R-15 District to a B-1 Business District County Manager Cooper asked Mr. Simmons why he did not obtain a building permit prior to construction of this storage area. Mr. Simmons stated that he failed to do so. Chairman Gottovi asked if anyone present would like to speak In favor of the rezoning. The following persons commented: I Mr. Donald Squires Ms. Lizzie Crowder Mr. George Milliken Ms. Sarah Canty Ms. Carrie London Mr. Joe Garner Mr. Henry Grisset Chairman Gottovi asked if anyone present would like to speak In opposition of this rezoning. The following person commented: Ms. Joycelyn Everett After a lengthy discussion by the Commissioners, Mr. Simmons, and Planning Director Hayes, Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to deny rezoning as recommended by the Planning Board. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, O'Neal, and Chairman Gottovi Voting Noe: Commissioner Blake Absent: Commissioner O'Shields ADDITIONAL ITEMS I N. C. HAZARDOUS WASTE BOARD MEETING Chairman Gottovi announced that there is a N. C. Hazardous Waste Board meeting scheduled for Thursday, February 17, 1983, at 7:00 o'clock P.M. at the Blockade Runner. A public hearing will be held on the proposed regulations on a Moritorium. All the Commissioners are cordially invited to attend. COMMENTS FROM GENERAL PUBLIC Chairman Gottovi asked if there was anyone from the general public who wished to speak. The following person commented: Mr. M. H. Vaughan commented and requested the public notices printed in the newpaper be placed in a more noticeable section than it presently appears. 240 MINUTES OF CONTINUED MEETING, FEBRUARY 14, 1983, (CONTINUED) ADDITIONAL ITEMS (CONTINUED) CHAMBER OF COMMERCE REQUEST FOR FUNDS TO ENTERTAIN BRITISH SAILORS County Manager Cooper stated that the Chamber of Commerce requesteo that New Hanover County anq the City of Wilmington fund $1,600 each for a Barbec'ue to be given to 800 British sailors as a tourism promotion. Ms. Sue Bullock appeared before the Board to explain the request and apologized for issuing a statment that funds had been approved by the County Commissioners before the request was approved at a Commissioners' meeting. Commissioner Blake MOVED, SECONDED by Commissioner Barfield that the request for $1,600 to be used by the Chamber of Commerce to entertain the British sailors with a Barbecuer be approved. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and Chairman Gottovi Absent: Commissioner O'Shields BUDGET AMENDMENT TO TRANSFER $10,000 FROM CONTINGENCIES TO INSPECTION SERVICES - PENDER/NEW HANOVER COUNTY BOUNDARY DISPUTE County'Manager Cooper requested approval of a budget amendment to transfer $10,000 from Contingencies to Inspection Services to cover the cost of surveyors, the paymeocof judges' expenses, platting, establishing monuments and filing with the court. Commissioner Barfield MOVED, SECONDED by Commissioner Blake that the Budget Amendment be approved to transfer funds in the amount of $10,000 from Contingencies to Inspection Services. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and Chairman Gottovi Absent: Commissioner O'Shields REVISED TAX COLLECTION REPORT FOR THE MONTH OF DECEMBER County Manager Cooper furnished copies of a revised Tax Collection Report and requested acceptance of the Report for the month of December as recommended by the Tax Administrator. Commissioner Blake MOVED, SECONDED by Commissioner O'Neal that the revised- Tax Collectors Report for the month of December be accepted. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and Chairman Gottovi Absent: Commissioner O'Shields. A CO?y of the Report is cont~ined ih Exhibit Book X, Page 1. MEETING DATE SET TO MEET WITH WRIGHTSVILLE BEACH BOARD OF ALDERMEN County Manager Cooper stated that upon request of the Mayor of Wrightsville Beach for funds, the Commissioners are requested to meet with the Board of Aldermen to discuss items of concern. It was the consensus of the Board to meet at Wrightsville Beach on March 24, 1983. Mr. Cooper was requested to set the meeting up and report back to the Commissioners ,as to time and place. PLANNING DEPAR~T STAFF COMMENDATION County Manager Cooper stated that he had discussed the newpaper comments concerning the Planning Department staff and found that the staff was demoralized by this. Mr. Cooper stated that he assured Mr. Hayes that his department was the best Planning Department in the State of North Carolina. Mr. Hayes then suggested the possibility of the staff conducting an on-site visit for the Commissioners to get first-hand knowledge of the situation prior to the Monday night meetings. The Planning Department Staff is very willing to do whatever they can to assist the Commissioners in making a decision on Planning matters and welcome constructive input. Chairman Gottovi stated that this' will be discussed at the next meeting to learn how to handle the Commissioners' need for more information on planning matters, so that they can better deal with the Agenda items. '- MINUTES OF CONTINUED MEETING, FEBRUARY 14, 1983 (CONTINUED) 241 ADDITIONAL ITEMS (CONTINUED) COUNTY ATTORNEY'S OPINION ON APPEALS - SIMMONS CASE County Attorney Pope stated that ther~ is a provision wherein a cause of action exists if you amend a zoning ordinance, but in a matter such as occurred in the Simmons hearing, action was not taken. A request for a zoning amendment was denied, and it is the County Attorney's opinion that there is no appeal in this matter. I Chairman Gottovi requested County Attorney Pope to write Mr. Simmons a letter stating that the action is final and there is no appeal unless he wants to initiate a civil action and that he must remove the structure that he had started. / ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Blake to adjourn. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and Chairman Gottovi Absent: Commissioner O'Shields Chairman Gottovi adjourned the meeting at 10:58 o'clock P.M. ~dZd' Lucie F. Smith, Clerk I MINUTES OF REGULAR MEETING, FEBRUARY 21, 1983 The New Hanover County Board of Commissioners met in Regular Session on Monday, February 21, 1983, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. I 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. Rev. Ralph W. Jernigan, Pastor of First Pentecostal Holiness Church, gave the invocation. APPROVAL OF MINUTES FOR REGULAR MEETING, FEBRUARY 7, 1983 Commissioner Barfield MOVED, SECONDED by Commissioner Blake that the minutes of the Regular Meeting of February 7, 1983, be approved as presented. Upon vote, the motion CARRIED UNANIMOUSLY.