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Home My WebLink About1983-09-06 Regular Meeting 380 MINUTES OF SPECIAL MEETING, AUGUST 26, 1983 (CONTINUED) ADJOURNMENT Ms. Lucille Shaffer adjourned the meeting at 9:30 o'clock p.m. ~spectfullY submitted, ./~ cie F. Smith Clerk MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 6, 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 O'Shields gave the invocation. APPROVAL OF MINUTES OF REGULAR - - SPECIAL MEETING, AUGUST 22, 1983 Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Regular Meeting of August 15, 1983, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING, AUGUST 15, 1983, AND Commissioner Barfield MOVED, SECONDED O'Shields to approve the minutes of the Special 22, 1983, as presented. Upon vote, the UNANIMOUSLY. by Commissioner Meeting of August MOTION CARRIED APPROVAL OF CONSENT AGENDA Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to approve the Consent Agenda with a correction to Item #17 in Account No. 11-4161-640, Capital Outlay to Account No. 11- 4161-381, Telephone. Upon vote, the MOTION CARRIED UNANIMOUSLY. The following person commented on the Consent Agenda: Mr. M. H. Vaughan The following Consent Agenda was approved: ACCEPTANCE OF GRANT OFFERS FROM N. C. DEPARTMENT OF NATURAL - ---- - RESOURCES & COMMUNITY DEVELOPMENT FOR HURRICANE EVACUATION PLAN AND CONSERVATION ZONING The Commissioners approved acceptance of grant offers from the N. C. Department of Natural Resources & Community Development in the amount of $3,485 for the Hurricane Evacuation Plan and $3,000 for development of Conservation Zoning authorizing the Chairman to execute the necessary contracts with approval of the following Budget Amendment for implementation of the grants: Debit Acct. #11 3493 373, Coastal Area Mgt. Acct. #11 9800 911, Contingencies Acct. #11 4930 582, CAMA Grant Flow Thru Acct. #11 4930 100, Salaries $5,843 2,465 2,358 500 Credit I---. 381 MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) ACCEPTANCE OF GRANT OFFERS FROM N. C. DEPARTMENT OF NATURAL - --- RESOURCES & COMMUNITY DEVELOPMENT FOR HURRICANE EVACUATION PLAN AND CONSERVATION ZONING (CONTINUED) I Acct. #11 4930 326, Professional Services Acct. #11 4930 410, Copy & Printing Acct. #11 4930 510, Auto Allowance 4,000 1,200 250 RESOLUTION - AWARD OF BID TO BLANTON AND COMPANY - HEATING AND - --- - AIR-CONDITIONING SYSTEM FOR 3RD FLOOR COUNTY OFFICE ANNEX BUILDING - PROPERTY MANAGEMENT The Commissioners adopted a resolution awarding the low bid to Blanton-and Company in the amount of $25,8~0 for'a heating and air-conditioning system for the 3rd Floor of the County Annex Building authorizing the Chairman to execute the agreement. A copy of the Resolution and Agreement is contained in Exhibit Book X, Page 41. RESOLUTION - AWARD OF BID TO BURROUGHS CORPORATION - MAGNETIC - -- TAPE DRIVE - DATA PROCESSING The Commisssioners adopted a resolution awarding the low bid to Burroughs Corporation for the purchase of a magnetic tape drive in the amount of $12,425 authorizing the Chairman to execute the agreement. A copy of the Resolution and Agreement is contained in Exhibit Book X, Page 41. I COLLEGE ,WORK STUDY PROGRAM - MILLER - MOTTE - PERSONNEL -- DEPARTMENT The Commissioners authorized the County Manager to sign a Host Agency Agreement with Miller-Motte Business College for participation in the College Work Study Program. A copy of the Host Agency Agreement is on file in the County Manager's office. AWARD OF CONTRACT TO WINEBARGER - CHANGE ORDER G-I0 - JUDICIAL BUILDING The Commissioners approved Change Order G-IO awarding the bid to the next lowest bidder, Winebarger Church Furniture, Inc., in the amount of $34,811 for wooden pews in the Judicial Building as reflected in the following Budget Amendment, since the low bidder, Sander Manufacturing, withdrew their bid: Debit Credit - Acct. #48 9800 911, Contingencies Acct. #48 4708 621, General Contractor $2,700 $2,700 I LEASE AGREEMENT - MOBILE OFFICES - SOCIAL SERVICES The Commissioners authorized the Chairman to execute an amended Lease Agreement for mobile offices for the Department of Social Services deleting the portion relating to the installation of electrical and plumbing work on Pages 1 and 2 of Exhibit B. Mr. Winfred Simpson, Superintendent of Property Management, will perform this work at a lower cost to the County. A copy of the amended Lease Agreement is on file in the County Manager's office. RESOLUTION ACCEPTING OFFERS TO' PURCHASE SURPLUS REAL PROPERTY The Commissioners adopted a resolution accepting offers to purchase three (3) lots for the'sum of $9,915 with an ad valorem tax value as of 1983 totaling $8,060. The properties involved are 1.2 acres on South Seabreeze Road; Block 499, Ann Street; and - ~ -- - - - --- 709 Kidder Street. A copy of the ResoLution is contained in Exhibit Book X, Page 42. 382 MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) APPROVAL OF TWO POSITIONS - PROPERTY MANAGEMENT The Commissioners approved the establishment of two new positions in the Property Management Department due to the increased work schedule of maintaining street signs in the County, painting projects, remodeling existing County Buildings, and maintenance of the new Judicial Building. The following positions will not require any additional funds .for the 1983/84 Budget Year: Maintenance Mechanic I General Utility Man APPROVAL' OF 'HOLD JOBn CLASSIFICATIONS - DEPARTMENT OF SOCIAL SERVICES The Commissioners approved the old job classifications in the Department of Social Services in order to phase-in the reclassifications in the affected positions for the 1983/84 Fiscal Year. PROPOSAL - NEW HANOVER COUNTY LANDFILL - CELL NO.2 - ENGINEERING -- ---- DEPARTMENT The Commissioners approved a proposal for design, bid, and construction of Cell No. 2 at the New Hanover County Landfill with a reduction in the size of the cell. The proposed cost is $79,300 with funds available in the landfill acount. A copy of the Proposal is on file in the County Manager's office. BUDGET AMENDMENT - JUDICIAL BUILDING FURNITURE - ENGINEERING DEPARTMENT The Commissioners approved the following Budget Amendment correcting an error in the State Contract prices for the purchase of furniture for the Judicial Building increasing the total amountlto $7D,~32~46 with ~n additional cost of $23,445: Debit Credit - Acct. #11 9800 911, Contingencies Acct. #11 4161 640, Clerk of Court - Capital Outlay $23,445 $23,445 BUDGET AMENDMENT - SEPTAGE DISPOSAL FACILITIES - FINANCE DEPARTMENT The Commissioners approved the following Budget Amendment in the amount of $11,000 to record excess interest on investments to disburse payment for debt service interest: Debit Credit - Acct. #46 3310 890, Interest on Invest. Acct. #46 4601 590, Debt Service $11,000 $11,000 BUDGET AMENDMENT - DEPARTMENT OF SOCIAL SERVICES - DATA ---- --------- - -- ----- ------- - -- PROCESSING The Commissioners approved the following Budget Amendment in the amount of $12,393 for the transfer of funds from Social Services to Data Processing for July-October, 1983, for payments and maintenance on the B1855 Computer System: Debit - Acct. #11 5310 374, Contractual Services - Computer $2,256 #11 5310 392, M & R Equipment #11 5310 594, Installment Payments Credit - Acct. #11 4132 594, Installment/Lease Payments #11 4132 370, Contracted Services #11 4132 392, M & R Equipment 3,867 6,270 $6,270 2,256 3,867 BUDGET AMENDMENT - DATA PROCESSING - RETROACTIVE INCREASE - TERRY BAIRD The Commissioners approved the following Budget Amendment transferring funds from the Tax Department to Data Processing to allow for a retroactive increase for Terry Baird as follows: "- 383 MINUTES OF REGULAR MEETING OF SEPTEMBER 6,' 1983 (CONTINUED) BUDGET AMENDMENT - DATA PROCESSING - RETROACTIVE INCREASE TERRY BAIRD (CONTINUED) Debit - Acct. #11 4141 100, Tax Department - Salaries & Wages $2,295 #11 4141 210, Tax Dept.-FICA 154 #11 4141 221, Tax Dept.-Retirement 138 I Credit - Acct. #11 4132 100, Data Processing - S:alaries & Wages $2,295 #11 4132 210, Data Processing-FICA 154 #11 4132 221, Data Processing - Retirement 138 BUDGET AMENDMENT - NEW HANOVER COUNTY PUBLIC SCHOOLS -- The Commissioners approved the following Budget Amendment transferring funds in the amount of $219,700 for a 5% increase in salaries for personnel and a .85% increase in employee retirement benefits for the school system: Debit Credit - Acct. #11 9800 911, Contingencies Acct. #11 5911 580, Public Schools- Current $219,700 $219,700 BUDGET AMENDMENT - RE-ESTABLISHMENT OF PROPER ACCOUNTS FOR - - - CAROLINA POWER & LIGHT COMPANY ENERGY ASSISTANCE PROGRAM - --- - DEPARTMENT OF SOCIAL SERVICES The Commissioners approved the following Budget Amendment in the amount of $4,798 for the re-establishment of proper accounts for' the Ca~o~ina P~wer & Lignt Company Energy Assitance Program: Debit Acct. #11 3530 379, CP&L Energy Assistance Program $4,798 I Credit - Acct. #11 5357 530, CP&L Energy Assistance Payments '$4,798 CHANGE ORDERS - JUDICIAL BUILDING - ENGINEERING DEPARTMENT The Commissioners approved the following Budget Amendment and Change Order E-5 in the amount of $10,462.18 to provide funds for conduit and wiring for the telephone system in the Judicial Building and Change Order E-6 in the amount of $4,479.60 to provide funds for electrical work necessary for availability of the 'computer systems to the Clerk of Court: Debit Acct. #48 9800 911, Contingencies $ 4,480 Acct. #11 4161 381, Telephone 10,463 Acct. #48 3981 920, Transfer from Gen. 10,463 Credit - Acct. #48 4708 623, Elect. Contractor $14,943 Acct. #11 9740 900, Transfer to Capital Projects 10,463 I COOPERATIVE AGREEMENT HA-12486 - U. S. DEPARTMENT OF H0USING AND . --- URBAN DEVELOPMENT - HUMAN RELATIONS DEPARTMENT ' I - I The Commissioners authorized the County Manager to execute the Cooperative Agreement HA-12486 for Type I Fair Housing Assistance Program for the Department of Human Relati6ns. This is a continuation of an agreement entered into wlth HUD' last year for 1982/83. A copy of the Agreement is on file in the County Manager's office. NON-AGENDA ITEMS = GENERAL PUBLIC I Chairman Gottovi asked if anyone present wished to speak on an item not on the agenda. The following person commented: Sergeant Herbert Hale commented on the retiredl military personnel in the community. FORMAL INTRODUCTION OF HEALTH DIRECTOR Commissioner Blake formally introduced the new Director of Health, Mr. Robert Parker, welcoming him to the Co~nty Staff stating his exceptional capabilities and talents. 384 MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 1983 (CONTINUED) UPDATE OF COURTHOUSE DEVELOPMENT TASK FORCE Commissioner Blake gave an update on the progress of the Courthouse Development Task Force stating the Public Hearing held on August 18, 1983, substantiated the Task Force's opinion that the Courthouse should remain and that a parking facility is necessary. He requested the Commissioners to release the entire existing Garner and Yelverton Exterior Rehabilitation Bid Package to licensed general contractor for competitive bids, and award the contract at the earliest financially possible time. Mr. Michael Creed commented on the use of the Courthouse and release of the Garner and Yelverton Exterior Rehabilitation Bid Package. After discussion, it was the consensus of the Board to have County Manager Cooper to present recommendations for the work to be performed with the amount of funds available. Chairman Gottovi, on behalf of the Board, expressed her appreciation to Mr. Michael Creed and the Courthouse Development Task Force fQr -their dediqated effort and many hours of work in pr~paring this report. PROCLAMATION - UNITED WAY WEEK Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve a proclamation proclaiming the week of September 11- 17, 1983, as United Way Week in New Hanover County. Mr. Frank Block expressed his appreciation to the Commissioners for endorsing the proclamation and stated the importance of the United Way to the citizens of New Hanover County. PROCLAMATION WHEREAS, the Cape Fear Area United Way Annual Campaign is a primary source of funds for voluntary human services, and WHEREAS, increasing demand for the programs and services of United Way agencies is likely, and WHEREAS, financial and volunteer support of United Way effort helps build better communities, NOW THEREFORE BE IT RESOLVED by the New Hanover County Board of Commissioners that the week of September 11-17, 1983, is hereby designated UNITED WAY WEEK in New Hanover County to call attention to the Annual Campaign and encourage citizen participation in this worthy cause. BREAK Chairman Gottovi recessed the meeting for a break from 8:35 o'clock P.M. to 8:50 o'clock P.M. PUBLIC HEARING Notice has been hereby given that a Public Hearing will be held by the Board of County Commissioners of New Hanover County on Tuesday, September 6, 1983, at 7:00 o'clock P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER THE LEVY OF A ONE-HALF PERCENT (1/2%) SUPPLEMENTAL LOCAL GOVERNMENTAL SALES AND USE TAX County Manager Cooper gave background information on the Local Optional Sales Tax Bill explaining the administration of the collection of the tax and the revenues generated stating that the state must distribute the tax on a quarterly basis levying the tax on a per capita basis according to certified, recent annual population estimates by the State Budget Office and the to... 385 MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 1983 (CONTINUED) PUBLIC HEldUNG TO CONSIDER THE LEVY OF' ~ ONE-HALF PERCENT '(l/2%) SUPPLEMENTAL LOCAL GOVERNMENTAL SALES, :AND USE TAX (CONTINUED) --- I amount distributed to each taxing county must then be divided among counti~s by th~ same method "by which the 1% sales and use taxes are distributed. He stated that for the first five years_ after enactment of this 1/2% sales tax, the county must use 40% of its proceeds to fund school capital outlays or retirement of debt on schools and that for the next five years after enactment 30% must be used for public school capital outlay needs. After 10 years 100% of the proceeds will be unrestricted and may be used for any legal purpose. Chairman Gottovi asked i~ ~ny one present wished to speak in favor of levying the tax. The following persons commented: Mr. Bob Dowling' Sergeant Herbert Hale Mr., Michael ,Jordon ' Dr. Jeremiah N. Partrick'representing the Board of Education Mr. Nat Bost Ms. Estelle Lee representing the Chamber of Commerce Mayor Ben Halterman representing the City of Wilmington Mayor Eugene Floyd .fepresenting the Town of Wrightsville Heath Representative Harry Payne explained the scale that had been prepared for implementation of the 1/2% sales tax. I Chairman Gottovi asked if anyone present wished to speak in opposition to the levying of the sales tax. The following person commented: Mr. M. H. Vaughan Chairman Gottovi stated that she had received a resolution adopted by the Town Council of Carolina Beach supporting the levy of the 1/2% sales tax since Mayor Neil Pharr was unable to attend the 'Public Hearing. ".-. ,. .. ., --:,~'._.""'''~Chairman Gottovi declared the Public Hearing closed. After ., '.:-"d'Iscus's'ioi1:, Commissioner O'Shields MOVED, SECONDED by _'Commi~s~oner .Barfield to approve a resolution levying a 1/2% supplemental local governmental sales and us~ tax pre?cribing the method of distribution of the proceeds within New Hanover County. Upon vote,..the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution is contained in Exhibit Book X, Page 42. I COMMISSIONER BLAKE EXCUSED FROM MEETING Commissioner Blake was excused 'from the meeting, at 9: 30 o'clock P.M. due to surgery scheduled on Wednesday morning, September 7, 1983. BREAK Chairman Gottovi recessed the meeting for a break from 9:30 o'clock P.M. to 9:40 o'clock P.M. PUBLIC HEARING TO CONSIDER THE LEVY OF A TWO PERCENT (2%) OCCUPANCY TAX ONIHOTEL, MOTEL AND SIMILAR TRANSIENT OCCUPANCY RENTALS Chairman Gottovi stated that data sheets had been prepared giving information on the 2% Occupancy Tax explaining the tax and distributi_on ,process. Chairman Gottovi asked if anyone present wished to speak in favor.. ~of levying the Occupancy Tax. The follow ing persons commented: 388 MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER LEVY OF A TWO PERCENT (2%) OCCUPANCY TAX ON HOTEL, MOTEL AND SIiU:LAIfTRA~ENT OCCUPANCY RENTALS (CONTINUED) ~- Mr. Ron Schultz representing the motel and hotel owners of Carolina Beach Mr. Vince Bolton Mayor Ben Halterman representing .the City of Wilmington _, Mayor Eugene Floyd representing the Town of Wrightsville Beach Ms. Estelle Lee representing, the Greater Wilmington Chamber O"f Commerce Mr. Alton Parker Sergeant Herbert Hale Mr. Wallace Hughes Ms. Edith Dowling ".~~._#C....~....l.-.. , " r....-..""--'- ".............-.. . -- .\ " Chairman Gottovi asked if anyone present wished to speak in OPP9sition o~ levying the Occupancy Sales Tax. No one commented. Commissioner 0' Shields expressed his concern and anger to Representative Payne and other local legislators about the passage of this bill eliminating two uses of the proceeds without disc~ss~ng the issue with the County or municipalities before making the change. County Attorney Pope stated that the purposes for which revenue from the room occupancy tax may be used by the county and its municipalities may be changed only by resolution of the New Hanover County Board of Commissioners after being approved by a . majority of the votes cast in an election held in New Hanover County on the question of how revenue from the room occupancy tax should be used. The ballot presented to the qualified voters of the county in an election concerning the use of re~enue from the room occupancy tax shall state all the proposed uses of this revenue and the percentage of the revenue to be used for each purpose. ,;. ~_ _Re~ie~entatiMe Harr~-Payn~ state~ that the'bill was passed in its present form due to the fact that a~~ 'countie~ had to be in 100% agreement for passage of the bill and that corrections to the bill could be made in the spring but that at least the County had the option to implement the tax. He asked the Commissioners if they would be satisfied if all the proceeds collected were forw~rded to the County for distribution of the 80% and 20% usages. The Commissippers concurred with. Representative Payne's . suggestion ,and encouraged him to pursue tne issue. ...~~ ~ Chairman Gottovi stated she had recieved a resolution adopted by the Town of Carolina Beach endorsing the levy of the Occupancy Tax. Mayor Halterman stated his concern to Representative Payne and other local legislators for changing the bill thereby alleviating the City's usage of proceeds for a Civic Convention Center or preservation of historical structures but reiterated the importance of levying the Occupancy Tax. Chairman Gottovi, on behalf of the Board, expressed her appreciation to Representative Harry Payne for attending the Public Hearings and stated it was unfortunate that the other locpl legislators were not present for further explanation. .::-''':::::':-::';.-.Cha.:-irmah Gottovi closed the Public Hearing. After discussion, Commissioner O'Shields MOVED, SEeONDED by ,'CQmmissf.one::t;' Bar,f,ield. to adopt a resol.ution. levying the 2% Occupancy Tax on hotel, motel and similar~transient occupancy rentals authorizing the County Manager to establish the process of setting.., up collection mechanisms required for implementation of the tax. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner O'Neal 387 MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER LEVY OF A TWO PERCENT (2%) OCCUPANCY ---- - T1}.~ ON__aQ'l'EL", MOTEL AND SIMILAR TRANSIENT OCCUPANCY RENTALS ( CONTINUE:O) ,; '''-' I Commissioner O'Shields Chairman Gottovi ;i f n - "l'PI""l'l Absent: Commissioner Blake A copy of the resolution is contained in Exhibit Book X, Page 42. REQUEST TO REMOVE ITEM 114 TO A CONTINUED MEETING ON SEPTEMBER 12, 1983~ at 7:00 QiC'LOCK P.~ - - --- Mr. John Wessell, Attorney for the Peititioner for Item #14, requested that the Public Hearing scheauled for this date be removed from the Agenda and rescheduled at a later meeting due to the time. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to remove Items 13-20 from the Agenda to be continued until Monday, September 12, 1983, at 7:00 o'clock P.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. I PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 10 ACRES, LOCATED ON THE SOUTHEAST CORNER OF SIDBURY AND BLUE CLAY ROADS FROM A B-l-alJSINESS DISTRICT TO AN R-15~ESIDENTIAL ---- -- DISTRICT Planning Director Hayes gave background information on the rez'cii'l.iricj. ;re'qu~st stating that this Public Hearing was continued from the meeting of August 1, 1983. He stated that the Planning Board recommended denial since the current property owner purchased the property under the condition that it be rezoned to B-1 in order to construct buildings for his business. Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning. The following person commented: Mr. Dale Williams, the Petitioner Chairman Gottovi asked if anyone present wished to speak in opposition to the rezoning request.. 'The following person commented: Mr. Richard Baron, the Property Owner Commissioner O'Neal asked if the property zoned B-1 could be grand fathered in and the remainder of the property remain R-15. , Planning I D.i rector Hayes sta ted tha t thi s cou Id be accomplished by have a non-conforming use in a Residential District. I After discussion, Commissioner O'Shields MOVED, C~mmissioner Barfield to deny the rezoning request. the MOTION CARRIED AS FOLLOWS: SECONDED by Upon vote, ., r i :. ':: r Voting Aye: Commissioner Barfield Commissioner O'Shields Chairman Gottovi ,,! r.. l' . Voting Noe: Commissioner O'Neal Absent: Commissioner Blake PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 2.4 ACRES, LOCATED ON THE SOUTHSIDE OF NORTH KERR AVENUE, APPROXIMATELY-780 FEET-WEST- OF BLUE- CLAY-ROAD FROM-AN AR -AIRPORT RESIDENTIAL DISTRICT TO AN AIAiRPORTINDUSTRIALDISTRICT Planning Director Hayes gave background information on the rezoning request stating that the Planning Board on November 7, 388 MINUTES:~OF;;REGU:w\R MEETING OF SEPTEMBER 6, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 2.4 ACRES, LOCATED ON THE SOUTHSIDE OF NORTH KERR AVENUE, APPROXIMATELY 780 FEET-WEST OF BLUE CLAY-ROAD FROM-AN AR AIRPORT ---------- RESIDENTIAL DISTRICT TO AN AI AIRPORT INDUSTRIAL DISTRICT - -- (CONTINUED) 1980, denied the request because of existing and surrounding r:-esidential development and strong neighborhood opposition from the North Kerr Avenue area. He stated that the Planning Board had denied this rezoning request again because the requested property serves as a buffer or transition zone between the residential neighborhood along North Kerr Avenue and the existing AI Airport Industrial District located to the south and east of the property. Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning request. The following persons commented: Mr. Michael Williams, the Petitioner, presented slides showing his plans for the installation of a solar business with a display of the equipment in the strupture now existing on the property and requested consideration of the Board in approving th~@ _ re ~oning. Others commenting in favor of the request were: ..,. .. _ _ ....,., - .... - ~...- Mr. Bert Streb IMs. Elizabeth Cline ....... ...... -.,. .. .!'--.....-- Chairman Gottovi asked if anyone present wished to speak in opposi tion to the rezoning request. The following persons commented: Sergeant Herbert Hale Mr. John Wells Mr. Murrell Pridgen Mr. Bill Sebrell After discussion, Commissioner Barfield MOVED, Commissioner Barfield to deny the rezoning request. the MOTION CARRIED AS FOLLOWS: SECONDED by Upon vote, Voting Aye: Commisisoner Barfield Commissioner O'Shields Chairman Gottovi Voting Noe: Commissioner O'Neal Absent: Commissioner Blake ;. ~ .,Commissioner O'Neal stated that he voted no because he felt that wa~ a solution to the problem that would meet the needs of all the citizens living in this area permitting the petitioner" to establish his business and providing a residential area for the neighborhood r~sidents. Commissioner O'Shields requested the Planning Staff to investigate the question of access to residentially zoned property and a further study of B-1 Zoning. RECESS AND CONTINUATION OF THE MEETING UNTIL SEPTEMBER 12, 1983 Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to recess the meeting until 7:00 o'clock P.M., September 12, 1983. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner O'Neal Commissioner O'Shields Chairman Gottovi Absent: Commissioner Blake to... 389 MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 1983 (CONTINUED) RECESS AND CONTINUATION OF THE MEETING UNTIL SEPTEMBER 12, 1982 ( CONTINUED) Chairman Gottovi recessed the meeting until 7:00 o'clock P.M., September l2, 1983. II ~pe~~mitted. ~ F. Smith, Clerk MINUTES OF CONTINUED MEETING, SEPTEMBER 12, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 12, 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.; 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. Commissioner Blake was absent due to surgery. I Chairman Gottovi called the meeting to order stating that this was a Continued Meeting of the Regular Meeting of September 6, 1983. PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 3.8 ACRES, LOCATEDC>N THE SOUTHEAST SIDE OF MARKET STREET (U.-s: HIGHWAY 17), APPROXIMATELY 400 FEET NORTHEAST OF STATION ROAD (SR 1471) FROM AN R-lS RESIDENTIALDISTRICT TO A B-2 BUSINESS DISTRICT Planning Director Hayes gave background information on the rezoning request stating the applicant wished to extend the B- 2 district located directly north to include the front portion of the property to a depth of 325 feet east of Market Street. He stated the property is classified as Transition on the County's Land Use Plan which encourages future intensive development. Planning Director Hayes stated the Planning Board recommended the front portion of adjoining property located directly south of the requested area be included in the zoning change. This would consolidate the existing B-2 districts located along Market Street and encourage the clustering of commercial activities in the area. Chairman Gottovi asked if anyone present wished .to speak in favor of the rezoning request. The followin~ person commented: I Mr. William B. Towles, the property owner Chairman Gottovi asked if anyone present wished td speak in opposition to the rezoning request. No one commented. I I Commissioner O'Shields MOVED, SECONDED BY Commissioner Barfield to approve the rezoning request as recommende!d by the Planning Board. Upon vote the MOTION CARRIED AS FOLLOWS: I I i I Voting Aye: Commissioner Barfield Commissioner O'Neal Commissoner O'Shields Chairman Gottovi Absent: Commissioner Blake