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1983-12-05 Regular Meeting 455 J MINUTES OF REGULAR MEETING, DECEMBER 5, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 5, 1983, at 7:00 o'clock P.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. Reverend Duane Cook, Pastor of Cape Fear Gospel Rescue Mission gave the invocation. RECOGNITION OF BOY SCOUT TROOPS ATTENDING BOARD MEETING Chairman Gottovi, on behalf of the Board, recognized and welcomed the following Boy Scout Troops: 1. The Webelos, Pact 240, Den 1 - whose troop is working on a Citizenship Award. 2. Troop 255 and Troop 215 - Scoutmaster Steve Aikens. APPROVAL OF MINUTES OF REGULAR MEETING, NOVEMBER '21, 1983 Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the minutes of December 5, 1983, as presented. Upon vote, the motion CARRIED UNANIMOUSLY. I ELECTION OF CHAIRMAN AND VICE CHAIRMAN Chairman Gottovi expressed her appreciation to fellow members of the Board for giving her the opportunity to serve as Chairman for the past year thanking Vice Chairman Barfield and other board members for their cooperation throughout the year. She expressed her appreciation to County Manager Cooper and his efficient staff for their work and cooperation in making possible the many accomplishments and goals that have been achieved. Chairman Gottovi opened the floor to nominations for the Chairman and Vice Chairman. Commissioner O'Shields nominated Chairman Gottovi and Vice- Chairman Barfield to serve as Chairman and Vice Chairman. There being no other nominations, Chairman Gottovi declared the nominations closed. \ . Comm5s;s;ofler. O'Shields MOVED, SECONDED by Commissioner O'Neal to elect Chairman Gottovi and Vice Chairman Barfield to serve as Chairman and Vice Chairman for the ensuing year. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Blake Commissioner O'Neal Commissioner O'Shields Chairman Gottovi I Voting Noe: Commissioner Barfield Commissioner Barfield stated he was voting no because he did seek the Chairmanship stating he would accept the Vice Chairmanship stressing that he would not attempt to divide the Board because of the decision made and committed himself to working for the betterment of New Hanover County. Commissioners O'Shields and Blake expressed their appreciation to Chairman Gottovi and Vice Chairman Barfield for their oustanding work in the past year stating they look forward their leadership in the coming year stressing the importance of continuity of the Board. 456 MINUTES OF REGULAR MEETING, DECEMBER 5, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA Staff Attorney Silliman discussed Item #1, Approval of Public Officials Bonds, stating that the Insurance Advisory Board had notified the County Attorney's office of a change in the insurance company for the bonds for the Finance Officer and Register of Deeds with the same terms and obligations explaining the Attorney's Office had not been able to psychially examine the bonds as of this date but assured the Board they were in order. Commissioner Blake MOVED, SECONDED by Commissioner O'Shields to approve the Consent Agenda as follows and upon vote, THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PUBLIC OFFICIALS BONDS The Commissioners adopted resolutions approving the Public Officials Bonds. , Copies of the Resolutions are contained in Exhibit XI, Page 6. CHANGE OF DATE FOR FIRST MEETING IN JANUARY The Commissioners changed the date of the first meeting in January from Monday, January 2, 1984, to Tuesday, January 3, 1984, due to a County Holiday. ESTABLISHMENT OF ONE-HALF TIME LICENSED PRACTICAL NURSE I POSITION IN THE HEALTH DEPARTMENT The Commissioners approved the establishment of one-half time Licensed Practical Nurse I position in the New Hanover County Health Department to assist in the Tuberculosis Program. APPROVAL OF JUDICIAL BUILDING TELEPHONE SYSTEM AGREEMENT The Commissioners authorized the Chairman to execute an agreement between New Hanover County, the Administrative Offices of the Courts, and Probation and Parole for the sharing of the telephone system in the new Judicial Building. A copy of the agreement is on file in the County Manager's office. APPROVAL OF AIP-01/WORK AUTHORIZATIONS 83-2 AND 83-3 - NEW HANOVER COUNTY AIRPORT The Commissioners authorized the Chairman to execute Work Authorization 83-2 in the amount of $16,800 for engineering services for development of the drainage improvements adjacent to Runway 23, including design and construction; and Work Authorization 83-3 in the amount of $5,500 for preparation of reports relating to water table influence on Runway 16-34. APPROVAL OF WORK AUTHORIZATION 83-5 - EDA WATER & SEWER PROJECT NEW HANOVER COUNTY AIRPORT The Commissioners authorized the Chairman to execute Work Authorization 83-5 in the amount of $50,655 from Talbert, Cox & Associates for basic engineering services for the development of water and sewer lines to serve the Industrial Airpark at New Hanover County Airport. BUDGET AMENDMENT - TENNIS COURTS AND PARKING LOT - ARROWHEAD PARK- PARKS & RECREATION DEPARTMENT The Commissioners approved the following Budget Amendment in the amount of $15,000 to establish a budget for the construction of two lighted tennis courts and parking lot at Arrowhead Park: Debit - Acct. #11 6120 630, Capital Outlay, Other $15,000 Acct. #11 3612 332, LWCF Grant 15,000 Credit - Acct. #11 6120 110, Arrowhead Salaries $ 700 Acct. #11 6120 635, Arrowhead Contracted Services 26,800 Acct. #11 6120 427, Arrowhead Supplies 2,500 t'--. 457 MINUTES OF REGULAR MEETING, DECEMBER 5, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) I BUDGET AMENDMENT - NON-DEPARTMENTAL - FINANCE DEPARTMENT The Commissioners approved the following Budget Amendment in the amount of $64,000 to correct an inadequate amount budgeted for ESC payments as follows: Debit - Acct.#ll 3990 990, Approp. Fund Balance Credit - Acct.#ll 4200 540, Insurance & Bonds Unemployment $64,000 $64,000 PROCLAMATION - NATIONAL HOME HEALTH WEEK The Commissioners adopted a proclamation proclaiming the week of November 27 through December 3, 1983, as NATIONAL HOME HEALTH WEEK emphasizing the importance of this service to the citizens of the County, State, and Nation. A copy of the Proclamation is contained in Exhibit Book XI, Page 7. NON-AGENDA ITEMS - GENERAL PUBLIC Chairman Gottovi asked if anyone present an item not listed on the Agenda. The commented: wished to speak on following person I Mr. T. W. Funderburk stated that at a previous meeting, he had questioned any item being placed on the Consent Agenda for approval in excess of $10,000 explaining that it was his understanding that these items would be placed on the Regular Agenda. He also recommended that Non-Agenda Items for the General Public be placed before Approval of the Consent Agenda in order to give the public an opportunity to discuss and question any item on the Consent Agenda. County Manager Cooper stated he did not recall such an agreement but that he did recall Mr. Funderburk requesting the amount of money involved in a contract or agreement being placed on the Consent Agenda. After discussion, it was the consensus of the Board to place Non-Agenda Items - General Public before Approval of the Consent Agenda. PUBLIC HEARING Notice was given that a Public Hearing would be held by the Board of County Commissioners of New Hanover County on December 5, 1983, at 7:00 o'clock P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Caroina, to consider the following: I PUBLIC HEARING TO CONSIDER ADDRESS CHANGES FOR BALD EAGLE LANE Planning Director Hayes gave background information on address changes for Bald Eagle Lane stating this was a continuation of the road name change and explained that the statutes require a Public Hearing be held before the County Commissioners. He recommended approval of the address changes to assist emergency vehicles in location of addresses. Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve the address changes on Bald Eagle Lane. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the address changes is on file in the Planning Office. 458 MINUTES OF REGULAR MEETING, DECEMBER 5, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 25.2 ACRES, LOCATED ON THE WEST SIDE OF CAROLINA BEACH ROAD (US 421), APPROXIMATELY 4,200 FEET NORTH OF GOLDEN ROAD (SR 1524) FROM A RESIDENTIAL DISTRICT TO A B-2 HIGHWAY BUSINESS DISTRICT Planning Director Hayes gave background information on the rezoning request stating that Staff recommended denial of the request due to the area being a large strip-type of commercial zoning. He stated that the Planning Board recommended approval due to the amount of residential development currently at Carolina Beach and the marginal characteristic of the property. Chairman Gottovi asked if anyone present wished to speak in favor of the request. The following person commented: Mr. Arnold Sobal, owner of property, appeared before the Commissioners requesting consideration of the rezoning request stating this would provide the best use of the property producing more revenue to the County in the collection of property taxes. He stated he planned to develop the property commercially. Chairman Gottovi asked if anyone present wished to speak in opposition to the rezoning request. No one commented. Commissioner O'Neal expressed his concern for permitting strip zoning. After discussion, Commissioner Blake MOVED, SECONDED by Commissioner O'Shields to approve the request to rezone the property from R-15 to B-2. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Blake Commissioner O'Shields Chairman Gottovi d' V.otinq ~oe:, CommisaiQner O'Neal A copy of the or lnance lS COnLalnea In Zonlnq Urdlnance BOOk I, Page 28. BREAK Chairman Gottovi recessed the meeting for a break from 7:40 o'clock P.M. to 8:05 o'clock P.M. PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 1.4 ACRES, LOCATED ON THE WEST SIDE OF VELVA DRIVE, APPROXIMATELY 1,300 FEET NORTH OF OAKLEY ROAD FOR A MOBILE HOME IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the applicant's request for a Special Use Permit for an existing single-wide mobile home in an R-20 Residential District stating this area is classified as rural on the County's Land Use Plan and that a Certificate of Completion had been issued by the Health Department for use of the well and septic tank with fire protection services provided by the Wrightsboro Volunteer Fire Department. He stated that all requirements were satisfied on the applicant's site plan. Chairman Gottovi asked the petitioner and any other persons present who wished to give testimony in favor of the issuance of the Special Use Permit to step forward to be duly sworn in. The following person was sworn in: Mr. David W. Heath Mr. Heath, the petitioner, stated he planned to live in the mobile home requesting consideration of the Board in issuing the Special Use Permit. t'--. 459 MINUTES OF REGULAR MEETING, DECEMBER 5, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PROPERTY LOCATED ON VELVA DRIVE, 1,300 FEET NORTH OF OAKLEY ROAD (CONTINUED) I Chairman Gottovi asked any persons present who wished to give testimony in opposition to the issuance of the Special Use Permit to step forward to be duly sworn in. No one came forward. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve the issuance of the Special Use Permit based on the conclusions of the FINDINGS OF FACT meeting the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY approving an ORDER GRANTING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having held a Public Hearing on Monday, December 5, 1983, to consider application number S-2l5 12/83 submitted by David William Heath, a request for a Special Use Permit to use the property located at the west side of Velva Drive, 1,300 Feet north of Oakley Drive for a single-wide mobile home in an R-20 Residential District, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: I 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-00 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 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: 1. County Health Department has issued a certificate for Mobile Home Replacement indicating that the site has an adequate sewage disposal system. 2. Wrightsboro Volunteer Fire Department provides fire protection services to the property. 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; 1. All lot area, parking and setback requirements of the Zoning Ordinance are satisfied as shown on the site plan. 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. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1. The property was previously used as a mobile home site and several mobile homes are located along Oakley Road and Velva Drive. 460 MINUTES OF REGULAR MEETING, DECEMBER 5, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PROPERTY LOCATED ON VELVA DRIVE, 1,300 FEET FROM OAKLEY ROAD (CONTINUED) 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: 1. The property is classified as Rural on the County's Land Classification Map. 2. County policies for Growth and Development encourage alternative housing types and choices. 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 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 Compliance with all local, State and Federal codes. Ordered this 5th day of December, 1983. PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY ONE ACRE, LOCATED ON THE EASTSIDE OF CAROLINA BEACH ROAD, DIRECTLY NORTH OF MYRTLE GROVE ROAD FOR A CONVENIENCE FOOD STORE IN AN R-15 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the Special Use Permit stating the requested property is located on the northeast corner of Carolina Beach Road and Myrtle Grove Road in an R-15 Residential District for the construction of a Covenience Food Store explaining that the Health Department is currently reviewing the well and septic tank systems and the Myrtle Grove Volunteer Fire Department will provide fire services. He stated all setback and area requirements are satisfied and that the parking spaces and number of gasoline pumps satisfy the Zoning Ordinance. He recommended the attachment of a condition to the permit limiting the store to providing convenience food and gasoline sales only while prohibiting such vehicular services as auto repair, sale of auto accessories, or auto washing. Chairman Gottovi asked the petitioner and any other persons present who wished to give testimony in favor of the issuance of the Special Use Permit to step forward to be duly sworn in. The following person was sworn in: Ms. Nancy Williamson Ms. Nancy Williamson, on behalf of herself and the other petitioner, Ms. Rosie S. Long, appeared before the Board stating the purpose for the Special Use Permit was to rezone the property for construction of a Convenience Food Store. t-.. 461 MINUTES OF REGULAR MEETING, DECEMBER 5, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PROPERTY LOCATED ON THE EASTSIDE OF CAROLINA BEACH ROAD, DIRECTLY NORTH OF MYRTLE GROVE ROAD FOR A CONVENIENCE FOOD STORE (CONTINUED) I Chairman Gottovi asked any persons present who wished to give testimony in opposition to the Special Use Permit to step forward to be duly sworn in. No one came forward. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Blake to approve the Special Use Permit with the addition of the following conditions: 1. A planted buffer shall be placed along the rear of the property lines in accordance with the Zoning Ordinance requirements. 2. The proposed store shall be limited to convenience food and gasoline sales only. Upon vote, the MOTION CARRIED UNANIMOUSLY approving an ORDER GRANTING A SPECIAL USE PERMIT I The County Commissioners for New Hanover County having held a Public Hearing on Monday, December 5, 1983, to consider application number S-2l6 12/83 submitted by Rosie S. Long and Nancy Williamson, a request for a Special Use Permit to use the property located at the eastside of Carolina Beach Road, directly north of Myrtle Grove Road for a Convenience Food Store in an R- 15 Residential District, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners' FIND as a FACT that all of the specific requirements set forth in Section 72-04 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 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: 1. County Health Department has granted preliminary approval for well and septic tank. 2. Myrtle Grove Volunteer Fire Department provides fire protection services to the site. I 3. A Department of Transportation driveway permit will be required for regulating access from US 421 and Myrtle Grove Road. 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 condi tions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. The property is less than one acre in size satisfying the one acre maximum lot size for Convenience Food stores in R-15 districts. 2. The proposed store is 2,400 sq. ft. ,in size satisfying Sect. 72-4(2) of the Ordlnance 462 MINUTES OF REGULAR MEETING, DECEMBER 5, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PROPERTY LOCATED ON EASTSIDE OF CAROLINA BEACH ROAD, DIRECTLY NORTH OF MYRTLE GROVE ROAD FOR A CONVENIENCE FOOD STORE (CONTINUED) 3. Six parking spaces are shown on the site plan satisfying all Zoning Ordinance requirements. 4. One gasoline sales pump island containing a maximum of three pumps is shown on the site plan at least 65 feet from the nearest property lines satisfying all Zoning Ordinance requirements. 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. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: I. The proposed store is planned for a highly visible corner lot located outside of a residential subdivision. 2. The proposed facility should not adversely effect adjoining property. 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: I. The property is classified as Rural on the County's Land Classification Map. 2. Business use at this corner lot would be consistent with the County's policies for Growth and Development. 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 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: I. 2. Compliance with all local, State and Federal Codes. A planted buffer shall be placed along the rear property lines in accordance with zoning Ordinance requirements. . The proposed store shall be limited to convenience food and gasoline sales only. 3. Ordered this 5th day of December, 1983 t-... 463 MINUTES OF REGULAR MEETING OF DECEMBER 5, 1983 (CONTINUED) I PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, DISTRICT REGULATIONS, SECTIONS 50-2 AND 59.1 TO PERMIT ATTACHED PERFORMANCE RESIDENTIAL DEVELOPMENT IN THE 0 & I OFFICE AND INSTITUTIONAL DISTRICT AT A DENSITY OF 2.5 DWELLING UNITS PER NET TRACT ACRE Planning Director Hayes gave background information on the Zoning Ordinance Text Amendment explaining that the purpose of the text change is to permit attached performance residential development by right in the 0 & I District subject to the performance residential development provisions and a maximum densi ty of 2.5 uni ts per acre stating the Planning Board recommended approval. Chairman Gottovi asked if anyone present wished to speak in favor of the Zoning Ordinance Text Amendment. No one commented. Chairman Gottovi asked if anyone present wished to speak in opposition to the Zoning Ordinance Text Amendment. No one commented. \ After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the Zoning Ordinance Text Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," is contained in the Zoning Ordinance Book. I PUBLIC HEARING TO CONSIDER A SUBDIVISION ORDINANCE TEXT AMENDMENT CONCERNING STANDARDS AND SPECIFICATIONS FOR PUBLIC AND PRIVATE STREETS Planning Director Hayes gave background information on the Text Amendment concerning standards and specifications for public and private streets recently adopted by the North Carolina Department of Transportation stating the purpose of the text amendment was to comply with the changes. He stated the Planning Board recommended approval of the Text Amendment adding an exception that private streets need not be paved, provided they have reasonable access for emergency vehicles. He stated that the Planning '..,J3o'a~d recommended one set of design standards for both public and private streets. Chairman Gottovi stated she, personally, would like to see the private roads paved when the 3-house capactiy is met. Chairman Gottovi asked if anyone present wished to speak in favor of the Subdivision Ordinance Text Amendment. No one commented. Chairman Gottovi asked if anyone present wished to speak in opposition to the Subdivision Ordinance Text Amendment. No one commented. I Mr. Edmund Ryan appeared before the Commissioners explaining the condition of a private roadway located on the souths ide of Wisteria Lane east of Dogwood Lane requesting the name of the owner of the road, the legal status, and maintenance of the road stating he had been unable to obtain this information; therefore, he had no solution to the problem until he could gather more data. After discussion, it. was the consensus of the Board to request the Planning Department to investigate this matter addressing the questions presented by Mr. Ryan and working with him in anyway poss~ble for solution of his problem. After further discussion, Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to approve the Subdivision Ordinance Text Amendment to comply with DOT changes. Upon vote, the MOTION CARRIED UNANIMOUSLY. 464 MINUTES OF REGULAR MEETING, DECEMBER 5, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A SUBDIVISION ORDINANCE TEXT AMENDMENT CONCERNING STANDARDS AND SPECIFICATIONS FOR PUBLIC AND PRVIATE STREETS (CONTINUED) After further discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the recommendation of the Planning Board of conforming standards for both private and public roads with an aggregate base and provisions for emergency vehicle access with the option of amending this standard at a later date if necessary. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Amendment is contained in the Subdivision Ordinance Book. BREAK Chairman Gottovi recessed the meeting for a break from 9:10 o'clock P.M. to 9:22 o'clock P.M. APPROVAL OF RESOLUTION OF INTENT CLOSING PORTIONS OF MACRAE AVENUE AND SKELDING LANE LOCATED IN VILLA VIEW SUBDIVISION Planning Director Hayes gave background information on the request to close portions of MacRae Avenue and Ske1ding Lane. Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to adopt the Resolution of Intent calling for a Public Hearing to be held on January 3, 1984. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XI, Page 7. ADDITIONAL ITEMS - COUNTY COMMISSIONERS REMINDER OF JOINT DISTRICT MEETING FOR DISTRICTS 4 & 5 OF THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS Commissioner Blake reminded the Commissioners of the Joint District Meeting for Districts 4 and 5 to be held on Wednesday, December 14, 1983, at 7:00 P.M. at the Western Sizzling Steak House, West Broad Street, Elizabethtown, North Carolina, requesting the Commissioners to attend if possible. DISCUSSION OF ORDINANCES ADOPTED BY THE NEW HANOVER COUNTY BOARD OF HEALTH FOR NEW HANOVER COUNTY Commissioner Blake stated he was concern~d about the existing laws in New Hanover County explaining that the Board of Health had passed certain ordinances that are legally as binding as ordinances passed by the Commissioners and questioned if there were other boards that passed ordinances for the County. County Attorney Pope stated that according to N. C. General Statutes the local Board of Health has the responsibility to protect and promote public health and the authority to adopt rules necessary for that purpose such as the local Seafood Ordinance stating that this law includes the municipalities; whereas, ordinances passed by the Commissioners apply only to the County. Commissioner Blake stated he plans to discuss this subject with Board of Health requesting a compilation of these ordinances and forwarding a copy to the Commissioners. DISCUSSION OF D NO WAKE ZONED AT LEEDS CUT Commissioner O'Neal stated he had received requests by persons living at Lee's Cut for the establishment of a " No Wake Zone" for this area asking who has jurisdiction. County Attorney Pope stated this was wi thin the corporate limits of Wrightsville Beach explaining that Wrightsville Beach could adopt a resolution as to a " No Wake Zone" coordinated with '-- 465 MINUTES OF REGULAR MEETING OF DECEMBER 5, 1983 (CONTINUED) DISCUSSION OF A DNO WAKE ZONED AT LEE'S CUT (CONTINUED) the N. C. Department of Wildlife & Fisheries and U. S. Coastguard. I After further discussion, it was the consensus of the Board to have the County Attorney contact the Beach with reference to County involvement in no wake zoning. REAPPOINTMENT OF TED BAGLEY TO SERVE ON THE NEW HANOVER COUNTY BOARD OF HEALTH Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to reappoint Mr. Ted Bagley to serve a three-year term on the Board of Health expiring December 31, 1986. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF ROOM OCCUPANCY TAX Chairman Gottovi stated that at a Chamber of Commerce Board Meeting members had expressed concern as to whether or not anyone other than elected officials would have input as to the distribution and use of the 2% Occupancy Tax. County Manager Cooper stated the Staff is working on recommendations that will be presented to the Commissioners for approval in the spring of 1984 reflecting various methods of distribution and use of the Occupancy Tax. I DISCUSSION - LACK OF ADEQUATE SPOIL AREAS IN THE COUNTY Chairman Gottovi stated another issue referenced at the Chamber of Commerce Meeting was the lack of spoil areas in the river to dredge port type activities to which she replied that no request had been brought to the attention of the Commissioners. ADDITIONAL ITEMS - COUNTY MANAGER DISCUSSION OF PRIVILEGE LICENSE TAX Assistant County Manager Cannon gave background information on the collection of the Privilege License Tax explaining that since the establishment of the new position for the collection of the 2% Occupancy Tax, staff had adequate manpower to create an active program to collect the Privilege License Tax passed in July 1, 1978. He stated on November 28, 1983, letters were forwarded to 200 various businesses that had not obtained pri vilege licenses and that of this date, 75 had responeded to applying for the license and paying back taxes. To the remaining businesses not responding, a letter has been forwarded allowing ten days to purchase the license and pay back taxes stating that legal procedures will be initiated as authorized by the N. C. General Statutes to place levies on the properties involved. I After discussion, it was the consensus of the Board to have the Tax Department implement the program with the collection of any privilege license back taxes. ANNOUNCEMENT OF THE LOCAL FLEET R~SERVE ASSOCIATION ASSISTING WIDOWS OF MARINES KILLED FROM CAMP LBJ~1]~~~ County Manager Cooper stated he .had been contacted by Sgt. Hale to make an announcement that members and wives of the local Fleet Reserve Association are assisting widows of the marines from Cape Lejeune in finding housing since base housing will be dispossessed within a number of days. \ MEETING OF REPRESENTATIVES OF JONES INTERCABLE County Manager Cooper stated that representatives of Jones Intercable will be attending the December 19, 1983, Board-Meeting to discuss with the Commissioners and members of the public any problems with their service rendered in New Hanover County. 466 MINUTES OF REGULAR MEETING, DECEMBER 5, 1983 (CONTINUED) APPROVAL OF BUDGET AMENDMENT FOR NEW HANOVER COUNTY SCHOOLS - PURCHASE OF LAND AND IMPROVEMENTS TO EXISTING SITES Chairman Gottovi MOVED, SECONDED by Commissioner Blake to approve a Budget Amendment in the amount of $201,850 for the purchase of two potential school sites and improvements to existing sites. Upon vote, the MOTION CARRIED UNANIMOUSLY. It was the consensus of the Board to request the Board of Education to furnish more detailed information when requesting approval of Budget Amendments. ACCEPTANCE OF GRANT AWARD AND ADOPTION OF RESOLUTION FROM THE DIVISION OF ENVIRONMENTAL MANAGEMENT OF THE NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMM.UNITY DEVELOPMENT - STATE CLEAN WATER FUND Commissioner Barfield MOVED, SECONDED by Commissioner Blake to adopt a resolution and to accept the $997,500 Clean Water Grant offer. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution is contained in Exhibit Book XI, Page 7. REMINDER OF SPECIAL MEETING FOR NEW HANOVER COUNTY WATER & SEWER DISTRICT - DECEMBER 12, 1983 County Manager Cooper reminded the Commissioners of the Special Meeting of the Water & Sewer District Meeting to be held on Monday, December 12, 1983, at 9:00 o'clock A.M. DISCUSSION OF JOINT MEETING TO BE HELD WITH THE WILMINGTON CITY COUNCIL WITH REFERENCE TO ANNEXATION AREAS IN THE WATER & SEWER DISTRICT County Manager Cooper gave a brief explanation of points to be discussed at the meeting to be held on December 9, 1983, with the Wilmington City Council with reference to sewer services in Annexation Areas A & B stating the facts, assumptions, and options concerning the 201 Plan. He recommended revised cost estimates be prepared including both areas A & B in the 201 plan. He stated that if the City does not permit the County to build sewer in Area A, he recommended the introduction of a local act to exclude Area A in the Sewer District avoiding the inequity of these citizens being under three separate entities. He stated if the City permits the County to build sewer in Area A, time requirements and financing plans must be developed. DISCUSSION OF PENDER COUNTY BOUNDARY DISPUTE County Attorney Pope advised the Board of the hearing set for Friday, December 9, 1983, in Courtroom 400, at 10:00 A.M. with the Pender County Commissioners and Boundary Line Commmission for the final action on the boundary line dispute stating New Hanover County will present and seek ratification of the report prepared by the Boundary Commission. He stated Pender County will continue to fight for a different verdict attempting to reverse the finding and ~~'9'o~~am=..d the CommissionerS to attend. DISCUSSION OF CAMPGROUND ROOM TAX County Attorney Pope stated he had not received a reply from the Attorney General's Office with reference to the levying of the 2% Occupancy Tax for campgrounds explaining that the question could be answered by the local legislators requesting drafting of a proposed local bill for levying of this tax including marinas. It was the consensus of the Board for the County Attorney to proceed with the drafting of a local bill. ADJOURNMENT Commissioner O'Neal MOVED, O'Shields to adjourn the meeting. UNANIMOUSLY. SECONDED by Commissioner Upon vote, the MOTION CARRIED i'--.. 467 MINUTES OF REGULAR MEETING OF DECEMBER 5, 1983, (CONTINUED) ADJOURNMENT (CONTINUED) Chairman Gottovi adjourned the meeting at 10:30 o'clock P.M. I c~Zd~ted. Lucie F. Smith, Clerk MINUTES OF SPECIAL MEETING, DECEMBER 6, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session with the Wilmington City Council on Tuesday, December 6, 1983, at 9:30 o'clock A.M. in Council Chambers, City Hall, Wilmington, North Carolina. Members present were Commissioners: Donald P. Blake, Nolan O'Neal, Claud O'Shields, Jr., and Chairman Karen E. Gottovi. Commissioner Janathan Barfield was absent. I Council Members ~resent were: Mayor Benjamin Halterman, Councilman Don Betz, Councilman Luther Jordan, Councilman E. A. Bordeaux, Mayor-Elect William Schwartz; Councilman Tony Pate; Councilman-Elect Irving Fogler; and Councilman-Elect Robert Shipp. Chairman Gottovi called the meeting to order and on behalf of the County Commissioners expressed her appreciation to the Mayor and Counci1members for their attendance turning the meeting over to Commissioner Claud O'Shields, Jr., Chairman of the New Hanover County Water & Sewer District, and County Manager Cooper. Commissioner O'Shields stated the joint Special Meeting had been called to address questions asked by residents living in Annexation Areas A and B with reference to whether the City or County would provide sewer service. I DISCUSSION OF COUNTY-WIDE SEWER PLAN (201 PLAN) County Manager Cooper gave background information on the 201 Plan requesting the City Council to delegate the responsibility for sewer service in Area B to the County Sewer District assuming the passage of the county referendum in March and assuming that technical and legal concerns can be worked out to the mutual satisfaction of the City and County. He stated Areas A and B had not been included in the financial plan for the 201 Facilities Plan; however, there was adequate funding in the financial plan to include Area B but not enough funds for Area A nor time for the County to meet the City's time requirements stated in the General Statutes. Therefore, he recommended that the County bui ld the sewer system in Area B. If the City agrees, the County will consider building the sewer system in Area A developing a new financing plan. If the City disagrees, the County is prepared to introduce a local act to exclude Area A from the Water & Sewer District stating this would alleviate the burden of City, County, and District taxes paid by citizens in those areas. County Manager Cooper stressed the importance of receiving support from the City and local legislators for passage of a local bill. Mayor Halterman stated his concern for the completion of phases throughout the County versus the proposed annexation areas for the City asking what happens if the system has not been completpn in an area to be annexed.