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1983-05-02 Regular Meeting 282 MINUTES OF REGULAR MEETING, APRIL 18, 1983 (CONTINUED) ADDITION~ ITEMS - COUNTY MANAGER (CONTINUED) DISCUSSION - CASTLE HAYNE ZONING County Manager Cooper stated that he had received a memor- andum from Planning Director Hayes stating that the Planning Board had deadlocked as whether to pursue this zoning and were requesting direction from the Commissioners. After discussion, it was the consensus of the Board to schedule a Work Session in the month of June to discuss the Castle Hayne Zoning. 6TH ANNUAL OAR DELEGATE ASSEMBLY - INVITATION TO COUNTY COMMISSIONERS Commissioner Barfield stated that the National Offender Aid and Restoration Delegate Assembly will be held in New Hanover County on May 12, 13, and 14, 1983. He invited the Commissioners to attend a Shrimperoo on Friday, May 13, 1983, at 5:30 p.m. at the Wrightsville Beach Park. ADDITIONAL ITEMS - GENERAL PUBLIC Ed Lowe, owner of the Masonboro Boat Yard, appeared before the Commissioners extending an invitation to attend a meeting to support boat related activities in the Masonboro area on Tuesday, April 19, 1983, at 11:00 a.m. and opposing the designation of New Hanover County watersas primary fisheries nursery. EXECUTIVE SESSION Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield that the meeting be recessed to Executive SeSSlon to discuss legal matters. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi recessed the meeting to Executive Session at 3:10 o'clock P.M. Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to reconvene the meeting to Public Session at 3:25 o'clock P.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Commissioner Blake MOVED, SECONDED by Commissioner Blake to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi adjourned the meeting at 3:30 o'clock P.M. Respectfully submitted, ~V/~ Lucie F. Smith, Clerk MINUTES OF REGULAR MEETING, MAY 2, 1983 AS SEMBL Y The New Hanover County Board of Commissioners met in Regular Session on Monday, May 2, 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; Assistant County Attorney Ted Davis, Human Services Program Analyst Cam McAbee and Clerk to the Board Lucie F. Smith. Chairman Gottovi called the meeting to order. Commissioner O'Shields gave the invocation. t'-.. 283 MINUTES OF REGULAR MEETING, MAY 2, 1983 (CONTINUED) APPROVAL OF MINUTES FOR REGULAR MEETING, APRIL 18, 1983 Commissioner Blake MOVED, SECONDED by Commissioner O'Shields that the minutes of the Regular Meeting of April 18, 1983, be approved as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA Upon MOTION by Commissioner Blake, SECONDED by Commissioner Barfield, the following Consent Agenda items were UNANIMOUSLY APPROVED: I ADDITION OF ROAD TO STATE SECONDARY ROAD SYSTEM The Commissioners adopted a resolution authorizing the addition of the following road to the State Secondary Road System: Ramsgate Road (Div. File #467-N) A copy of the resolution is contained in Exhibit Book X, Page 15. RESOLUTION - SALE OF SURPLUS PROPERTY ~ FINANCE DEPARTMENT The Commissioners adopted a resolution authorizing the sale of personal property by the' Finance Office at a Public Auction to be held May 19, 1983, at 10:00 A.M.' at the New Hanover County Garage located on the premises of the New Hanover County Airport with the following items being auctioned: 1. One 1967 Gallion Motor Grader, Serial #MB21525 (InoperablE 2. One Craftsman Table Saw (Operable but below OSHA Standard~ A copy of the resolution is contained in Exhibit Book X, page 15. , RESOLUTION - AIRPORT LEASE - AUCTION SYSTEMS, INC. The Commissioners adopted a resolution authorizing the lease of a small fenced-in maintenance area bounded on the South by Hewlett Drive, on the West by Gardner Drive, and on the North and East by drainage ditches to Auction Systems, Inc. A copy of the resolution is contained in Exhibit Book X, page 15. CHANGE ORDER PROCESS - COUNTY MANAGER The Commissioners authorized the County Manager to approve or disapprove change order requests of $1,000 or less without prior approval of the County Commissioners. Any change order handled under this process is to be reported to the Board on the Consent Agenda for entry into the record. RECRUITMENT FOR POSITIONS FOR INSPECTIONS CONSOLIDATION The Commissioners granted permission for recruitment of the following positions in order to complete the City/County consolidation of inspection departments: 1 Building Inspector 1 Electrical Inspector 1 Temporary Clerical position I WAIVER OF JUVENILE SERVICES TEST FEES FOR INDIGENT AND FINANCIALLY ASSISTED FAMILIES - LOWER CAPE FEAR JUVENILE SERVICES CENTER The Commissioners authorized the Lower Cape Fear Juvenile Services Center to establish a policy whereby low income and financially assisted families could still have their children evaluated and the testing fee be waived on a case-by-case basis. NEW POSITIONS - ENGINEERING DEPARTMENT The Commissioners approved the following new positions to be established in the Engineering Department for handling the duties associated with the Water and Sewer systems that the County now operates and will be operating shortly: 1 Utility Maintenance Foreman 1 Utility Maintenance Helper 284 MINUTES OF REGULAR MEETING, MAY 2, 1983, (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) DIVERSION OF PARK DEVELOPMENT FUNDS - PARKS & RECREATION DEPARTMENT The County Commissioners authorized the use of $15,000 budgeted for the development of a community park in the Seabreeze area to be used for the development of a community park in the Park- wood Subdivision due to the fact that land could not be purchased in the Seabreeze Area. CHANGE ORDER - E-4- BUDGET AMENDMENT - JUDICIAL BUILDING - ENGINEERING DEPARTMENT The Commissioners approved a Change Order in the amount of $1,670 along with a Budget Amendment for the installation of additional telephone outlets in the Judicial Building: Debit - #48 9800 911, Contingencies Credit - #48 4708 623, Electrical Contractor $1,670 $1,670 CHANGE ORDERS - P-2 AND HVAC-2 - CAPE FEAR TECHNICAL INSTITUTE - ENGINEERING DEPARTMENT The Commissioners approved Change Orders P-2 and HVAC-2 for deduction of utilities paid by Cape Fear Technical Institute ln the amount of $109 and a return credit for a condensing unit fan blade that did not need replacing in the amount of $359. CHANGE ORDERS - ELECTRONIC LAB - CAPE FEAR TECHNICAL INSTITUTE - ENGINEERING DEPARTMENT The Commissioners approved two change orders in the amount of $1,334 for utility costs during construction that have been paid by Cape Fear Technical Institute. The funds will be used to reimburse Cape Fear Technical Institute. CHANGE ORDERS - TIME EXTENSION - NORTHEAST INTERCEPTOR - ENGINEER- ING~DEPARTMENT The Commissioners approved change orders for a time extension on the Northeast Interceptor due to excess ground water and bad weather. No additional money is needed. BUDGET AMENDMENT APPROVED BY COUNTY MANAGER The following Budget Amendment was approved by the County Manager and is being reported to the Commissioners for entry into the record: Debit - #11 4200 480, Miscellaneous Credit - #11 4121 520, Travel, Meetings & Schools $2,500 $2,500 NON-AGENDA ITEMS - GENERAL PUBLIC Chairman Gottovi asked if anyone present wished to speak on an item not listed on the agenda. No one commented. NEW HANOVER COUNTY COMMUNITY BASED ALTERNATIVES TASK FORCE - FUNDING RECOMMENDATIONS FOR THE FISCAL YEAR 1983-84 Human Services Program Analyst McAbee and W. T. Childs, Chairman of the CBA Task Force, appeared before the Commissioners with additional information on the funding recommendations for the fiscal year 1983-84. Mr. Childs gave background information and presented data as requested by the Commissioners at the April 18, 1983, Board Meeting, stating that the Task Force had requested the allocation of funds in the amount of $4,470 to AKA for the Brainstorming Program and to the Therapeutic Social Development program with the stipulation that the personnel from both groups would work together to address the needs of the community. Mr. Childs stressed the importance of the various programs to the community stating that he felt there was no duplication of services within these programs. r " Chairman Gottovi asked if anyone present wished to speak on this issue. The following persons commented: Ms. Dorothy Johnson Mr. Sid Bradsher Commissioner O'Shields and Commissioner Blake expressed their concern for beginning a new program. Commissioner O'Shields ~lso stated that he felt there was some duplication of services within the Task Force Agencies. "- 285 MINUTES OF REGULAR MEETING, MAY 2, 1983 (CONTINUED) NEW HANOVER COUNTY COMMUNITY BASED ALTERNATIVES TASK FORCE FUNDING RECOMMENDATIONS FOR THE FISCAL YEAR 1983-84 (CONTINUED) After discussion, Commissioner Barfield MOVED, SECONDED by Chairman Gottovi to approve the funding recommendations for the 1983-84 fiscal year for the CBA Task Force with the alloca- tion of $4,470 to the AKA Program, "Brainstorming." Upon vote, the MOTION CARRIED AS FOLLOWS: Aye: Commissioner Barfield Chairman Gottovi Commissioner O'Neal I Noe: Commissioner Blake Commissioner O'Shields PUBLIC HEARING - AIRLIE ROAD NEIGHBORHOOD PLAN Planning Director Hayes stated that as per the request of the Commissioners at the April 5, 1983, meeting, he had attemped to obtain input from the commercial wholesale fish operations on Airlie Road with reference to landing figures and tonnage information, but had been unable to do so. He stated that he had contacted the N. C. Division of Marine Fisheries and had received a report reflecting figures for the entire county but not for seafood wholesaled by truck distributors; therefore, he had not been able to obtain specific data. He stated that he felt that adoption of this plan would not adversely affect the commercial fish operations in this area. Planning Director Hayes also stated that he had obtained a copy of South Carolina's Highway Beautification and Scenic Route Legislation explaining that the basic purpose of the legislation is to make it unlawful for any person to injure or remove plants, shrubs, and trees located along beautified sections of paved public roads and highways and that scenic roads can be established for sections of public roads by agreement or permission of the adjoining property owners. I Chairman Gottovi asked if anyone present wished to speak in opposition of the adoption of this plan. The following persons commented: Mr. George Clark, Attorney representing Hieronymous Brothe Mr. Wallace Hendry Mr. Glenn Hieronymous Mrs. Arlene Hieronymous Dr. J. E. Furr Chairman Gottovi asked if anyone present wishes to speak in favor of the adoption of this plan. The following person commented: Dr. Donald Getz After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to adopt the Airlie Road Plan with the Summary of Recommended Actions being amended as follows: I -Retain the R-20 Classification -Do not expand the commercial areas. -Amend the B-1 Classifications, allowing only neighborhood uses and imposing height or bulk controls on structures. -Establish a special zoning district for water dependent uses. -Establish means and methods to retain public access and protect waterfront vistas. -Minimize the adverse impacts of developing the large vacant acreages along Airlie Road. -Provide better traffic control for access to and from the business areas. -Improve truck traffic associated with commercial uses. -Enforce parking and traffic regulations. -Eliminate parking along the shoulders of Airlie Road and encourage County Sheriff Enforcement. -Encourage the provision of a public sewer system. -Initiate and improve drainage and run-off system in the neighborhood. -Reduce the speed limit of Airlie Road to 25 miles per hour. Upon vote, the MOTION CARRIED UNANIMOUSLY. 286 MINUTES OF REGULAR MEETING, MAY 2, 1983, (CONTINUED) BREAK Chairman Gottovi recessed the meeting for a break from 8:30 o'clcock p.m. to 9:55 o'clock p.m. PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 5.9 ACRES, LOCATED ON THE SOUTHWEST SIDE OF N. KERR AVENUE (SR 1175), APPROXIMATELY 500 FEET NORTH OF FARLEY DRIVE (SR 1327) FROM AN AR AIRPORT RESIDENTIAL DISTRICT TO AN AI AIRPORT INDUSTRIAL DISTRICT Planning Director Hayes gave background information on the rezoning request stating that the Planning Staff recommended denial due to the fact that this rezoning would be inconsistent with the County's Land Use Plan which recommends low density land use not requiring urban services for districts zoned General Rural. Chairman Gottovi asked if anyone present wished to speak in favor of this rezonlng request. The following person commented: Mr. Harry Hales Chairman Gottovi asked if anyone present wished to speak in opposition to this rezoning request. The following person commented: Mr. Robert Knapp Commissioner Barfield expressed his concern for protection of the property owners if this zoning request was approved, stating there would be no control over the uses of this land by businesses ln the future. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the rezoning ordinance entitled, "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE AIRPORT ZONING MAP OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 14, 1976, with the Planning Department investigating the other portion of the property and surrounding properties for zoning modifications. Upon vote, the MOTION CARRIED AS FOLLOWS: Aye: Commissioner Blake Chairman Gottovi Commissioner O'Neal Commissioner O'Shields Noe: Commissioner Barfield A copy of the ordinance is contained in Zoning Ordinance Book I, Airport Section. PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE VI TO ESTABLISH A NEW SECTION 69.6 CONCERNING THE REGULATION OF PRIVATE SEWAGE TREATMENT SYSTEMS, Planning Director Hayes gave background information on the Zoning Ordinance Text Amendment to Article VI to Establish a New Section 69.6 Concerning the Regulation of Private Sewage Treatment Systems, stating that the Planning Board recommended approval. Chairman Gottovi asked if anyone present wished to speak ln favor of the text amendment. The following person commented: Mr. Donald Getz r Chairman Gottovi asked if anyone present wished to speak ln opposition of this text amendment. No one commented. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to approve the Zoning Ordinance Text Amendment entitled, "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969." Upon vote, the MOTION CARRIED UNANIMOUSLY. "- MINUTES OF REGULAR MEETING, MAY 2, 1983 (CONTINUED) 287 PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, SECTION 50-2 TO MAKE ALL PERMITTED USES IN THE B-1 BUSINESS DISTRICT PERMITTED IN THE B-2 HIGHWAY BUSINESS DISTRICT Planning Director Hayes gave background information on the Zoning Text Amendment to Article V, Section 50-2 to make all Permitted Uses in the B-1 Business District Permitted in the B-2 Highway Business District, stating that the Planning Board recommended approval. I After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the Zoning Ordinance Text Amendment entitled, "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 19 6 91~ " Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE VII, SECTION 71 AND 72 TO REMOVE PLANNING BOARD REVIEW IN THE SPECIAL USE PERMIT PROCESS ADMINISTERED BY THE BOARD OF COUNTY COMMISSIONERS Planning Director Hayes gave background information on the Zoning Ordinance Text Amendment recommending approval by the Planning Board with the recommendation that the Board of Commissioners consider establishing a twelve (12) month Special Use Permit instead of the present six (6) month permit. Commissioner Barfield MOVED, SECONDED by Commissioner Blake to adopt the Zoning Ordinance Text Amendment entitled, "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969", establishing a twelve (12) month Special Use Permit instead of the present six (6) mon th permi t, and to remove P lannihg Board Review_ in the _Special Use Pemitprocess administered by the Eoard of County conmissioners. UfX)n vote, the MJTION CARRIED UNANIMJUSLY. I PUBLIC HEARING TO CONSIDER SUBDIVISION ORDINANCE TEXT AMENDMENT TO CLARIFY THE COUNTY'S REQUIREMENTS FOR DESIGN, INSTALLATION, INSPECTION, AND MAINTENANCE OF STREETS AND DRAINAGE SYSTEMS Planning Director Hayes gave background information on the Subdivision Ordinance Text Amendments explaining that the purpose of the amendments was to clarify the County's role in the installation, inspection, and maintenance of subdivision improvements. He stated that the major change was the Maintenance of Improvements amending Article V Section 3.4(b) (2) which provides for the establishment of an organization, the subdivision homeowners association, with clear responsibility for the maintenance of private streets and drainage systems. Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to approve the Subdivision Ordinance Text Amendments entitled, "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED FEBRUARY 17, 1969." Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Gottovi recessed the meeting from 9:40 o'clock p.m. to 9:55 o'clock p.m. DISCUSSION - MINIMUM DESIGN SPECIFICATIONS FOR PRIVATE STREETS Chairman Gottovi stated that Planning Director Hayes had informed her that the County had no design specifications for private streets by developers in subdivisions. I Planning Director Hayes gave background information on this problem explaining that a loophole e~isted and that the Planning Staff had reviewed the specifications for streets and had made recommendations to the Planning Board to require a minimal of marl to be installed on all private streets by developers in subdivisions. After discussion, it was the consensus of the Commissioners to have the Planning Department to investigate this matter checking into previous records and minutes to see where this loophole was allowed to exist and report back to the Board. 288 MINUTES OF REGULAR MEETING, MAY 2, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATIONS OF THE PLANNING BOARD TO DENY REZONING PROPERTY APPROXIMATELY 5 ACRES, LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD (US HIGHWAY 421) APPROXIMATELY 180 FEET NORTH OF BURNETT ROAD (SR 1527) FROM AN R-15 RESIDENTIAL DISTRICT TO A B-2 BUSINESS DISTRICT Planning Director Hayes gave background information on the rezoning request stating that the Planning Board at its meeting on April 7, 1983, recommended denial due to the County's Growth Policies discouraging commercial encroachment into residential areas and the haphazard placement of commercial districts along major highways. Chairman Gottovi asked if anyone present wished to speak in favor of this rezoning request. The following persons commented: Mr. Addison Hewlett, Jr., Attorney for the Petitioner Mr. Walter Burnett, the Petitioner Chairman Gottovi asked if anyone present wished to speak ln opposition of this rezoning request. The following person commented: Mr. P. Simmons Commissioner Barfield and Chairman Gottovi expressed their concern for the future use of this property if the rezoning request is approved. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the rezoning request. Upon vote, the MOTION CARRIED AS FOLLOWS: Aye: Commissioner O'Shields Commissioner Blake Noe: Commissioner Barfield Chairman Gottovi Commissioner O'Neal The appeal and request for rezonlng were denied. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATIONS OF THE PLANNING BOARD TO DENY A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 74 ACRES, LOCATED ON THE WEST SIDE OF CAROLINA BEACH ROAD (US HIGHWAY 421), APPROXIMATELY 1,150 FEET SOUTH OF GOLDEN ROAD (SR 1524) FOR A SEPTAGE DISPOSAL SITE FOR A R-15 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the application for a Special Use Permit reques'ting use of the above- referenced property for a septage disposal site stating that the Planning Board at its meeting of April 7, 1983, recommended denial of this permit. Chairman Gottovi asked the petitioner and any other persons present who wished to give testimony in favor of the issuance of a Special Use Permit to step forward to be duly sworn in. The following persons were sworn in: Mr. Alton Parker, the Petitioner Mr. Wade Skipper Mr. James H. Hobbs r Chairman Gottovi asked any persons present wishing to glve testimony in opposition to the issuance of the Special Use Permit to step forward to be duly sworn in. The following persons were sworn In: Ms. Mildred R. Gantt Mr. George Tallman Mr. Marvin Congleton Mr. Danny Taylor Judget Gilbert Burnett Mr. Alfred Mitchell Mr. George Aiken Mr. AlveniaMims '- - MINUTES OF REGULAR MEETING, MAY 2, 1983 (CONTINUED) 289 PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING BOARD TO DENY A SPECIAL USE PERMIT FOR PROPERTY FOR A SEPTAGE DISPOSAL SITE (CONTINUED) Mr. Alton Parker, the Petitioner, appeared before the Commissioners giving background information on his request stating that he had looked over the entire County for a desirable site. He also showed slides on his current dump site located in Pender County and presented a letter from the Health Department dated January 29, 1982, as evidence marked Petitioner's Exhibit I. I The following persons gave testimony ln favor of lssuance of the Special Use Permit: Mr. Wade Skipper Mr. James H. Hobbs Mr. Addison Hewlett, Jr. Attorney for the surrounding property owners, appeared before the Commissioners requesting denial of the issuance of the Special Use Permit pointing out the undesirable effects to property owners around the location of this property. He presented Objector's Exhibit I, II, III, and IV as evidence. The following persons gave testimony in opposition to the issuance of the Special Use Permit: Mr. George Tallman Ms. Alvenia Mims Judge Gilbert Burnett Mr. George Aiken Ms. Mildred Gantt After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to deny the Special Use Permit based on the conclusion of the FINDINGS OF FACT not meeting the four general requirements as follows. Upon vote, the MOTION CARRIED UNANIMOUSLY. I 1.. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-33 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 not 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. Though tentative approval has been granted by the State and County Health Departments, no guarantee can be found to suggest that the proposed use would not endanger the public health and safety if located where proposed. b. No guarantee can be made that other kinds of solid waste besides residential septage would be disposed at the proposed site. c. Alternatives to land disposal are presently available at the City of Wilmington's Northside Sewage Treatment Plant. I 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. Septage and Sludge disposal is a permitted Special Use in R-15 Residential Districts. b. The five (5) acre disposal site is located approximately 1,000 to 1,200 feet in horizontal distance from existing residences and churches in compliance with Section 72-33(1) of the Zoning Ordinance. c. A planted buffer shall be provided as indicated on the site plan satisfying the requirement of Section 72-33(2). 290 MINUTES OF REGULAR MEETING, MAY 2, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING BOARD TO DENY A SPECIAL USE PERMIT FOR A SEPTAGE DISPOSAL SITE (CONTINUED) d. A "No Trespassing" sign will be posted at the entrance to the site as shown on the site plan in accordance with Section 72-33(3) of the Ordinance. e. The five (5) acre disposal site is setback approxi- mately 100 to 600 feet from the nearest property line in compliance with Section 72-33(4) of the Ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use does not 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. That the use as proposed is in close proximity to surrounding residential areas and will substantially injure and devalue adjoining and abutting property. b. The proposed use is not a public necessity as septage lS presently being accepted at the City's Northside Treatment Plant in the interim period until the County establishes a pretreatment system. 5. It is the County Commissioners' CONCLUSION that the proposed use does not 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 ln 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. The proposed use is not in harmony with the area in which it is to be located and not in conformity with County policies which are providing for the construction of a $300,000 pretreatment system that will eliminate land application for septic tank waste. 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 not been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be DENIED. Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to instruct the Planning Department to prepare a Subdivision Zoning Text Amendment removing septage disposal use in a R-15 Residential District in order to prevent further requests. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING BOARD TO DENY AN EXTENSION OF A SPECIAL USE PERMIT FOR A MULTI-FAMILY DEVELOPMENT LOCATED ON THE SOUTHS IDE OF GREENVILLE LOOP ROAD (SR 1421), APPROXIMATELY 530 FEET WEST OF DARBY ROAD (SR 1663) IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the Cedar Landing Special Use Permit stating that the second extension was granted on March 3, 1983, through September 3, 1983, and that Mr. M. H. Vaughan had appealed this extension. r Ms. Mona R. Smalley appeared before the Commissioners in opposition to the extension of this permit presenting Exhibit I stating that the issuance of this permit by the Planning Board was in conflict with the County's Land Use Plan and that a major change had occurred in the permit since its original issuance. After discussion by the Commissioners, Assistant County Attorney Davis, and Ms. Smalley, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to deny the appeal. Upon vote, the MOTION CARRIED UNANIMOUSLY. '- MINUTES OF REGULAR MEETING, MAY 2, 1983 (CONTINUED) 291 WRIGHTSVILLE SOUND PUMP STATION- ~ LOT 14 - ATLANTIC 'VIEW SUBDIVISION County Engineer Blanchard appeared before' the commissioners stating.that the County Engineering Department on April 21, 1983, made ~n-offer to Dr. Elbert Bowden in the amount of $24,300 to purchase Lot 14, Atlantic View Subdivision fDr the construction of the proposed Wrightsville Sound Pump Station. He stated that he had discussed this matter with Dr. Bowden several times and that he was not willing to sell the lot. I After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to proceed with the condemnation procedures exercising the right of eminent domain to acquire this real property. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION - HOSPITAL INSURANCE Commissioner O'Neal informed the Commissioners that the Hospital Board of Trustees had selected a consultant to study and investigate the current insurance coverage of the hospital with a decision being made on the basis of this study. He stated that the Board of Trustees by unanimous vote had agreed to keep the insurance coverage with the Wilmington/New Hanover Insurance Advisory Committee until the completion of this study thereby rescinding the letter written to a private insurance agency. After discussion, it was the consensus of the Board to have County Manager Cooper check into the hiring of an insurance consultant for the County to perform a study of this matter. County Manager Cooper is to report back to the Board with suggestions as to the consultant that should be hired. I DISCUSSION - $5 FEE - REGISTER OF DEEDS OFFICE Chairman Gottovi stated that Becky Tucker, Registrarof Deeds, had contacted her with reference to writing a letter on behalf of the County Commissioners to Senator Julius Wright expressing opposition to Amendment GS 161 (a) (2) of Senate Bill 291 introduced by Senator Marshall Rauch requiring the Register of Deeds Office to collect a fee that is to be forwarded to the State Treasurer. After discussion, it was the consensus of the Board for Lucie Smith, Clerk, to contact Mr. Ron Aycock with the North Carolina Association of County Commissioners and see what stand the Association is taking. If they are in agreement, Chairman Gottovi is authorized to write a letter on behalf of the County Commissioners expressing opposition. MEETING CONTINUED Chairman Gottovi recessed the meeting at 12:00 o'clock midnight to be continued on Monday, May 9, 1983. Respectfully submitted, rId~.~. d)/~ \-/L:::: F. Smith, Clerk I MINUTES OF CONTINUED MEETING, MAY 9, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 9, 1983, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina.