Loading...
HomeMy WebLinkAbout1984-04-02 Regular Meeting 532 MINUTES OF REGULAR MEETING, MARCH 26, 1984 (CONTINUED) DISCUSSION OF PENDING LAWSUIT ON PROPERTY LOCATED AT 816 NORTH FOURTH STREET ( CONTINUED) After discussion, Chairman Gottovi MOVED, SECONDED by Commissioner Barfield to accept the offer of $2,851.45 and to resale the property if the City concurs. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Commissioner to ad journ the UNANIMOUSLY. Barfield MOVED, SECONDED by Commissioner O'Neal meeting. Upon vote, the MOTION CARRIED Chairman Gottovi adjourned the meeting at 11:20 o'clock A.M. Respectfully submitted, rQ,~~ ~~ F. Smith Clerk to the Board MINUTES OF REGULAR MEETING, APRIL 2,1984, ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 2, 1984, at 9:00 A.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. Rabbi Robert Waxman, of B'nai Israel Synagogue, gave the invocation. APPROVAL OF MINUTES OF REGULAR MEETING, MARCH 26, 1984 Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the minutes of the Regular Meeting of March 26, 1984, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN APPEAL FOR REZONING PROPERTY APPROXIMATELY 8 ACRES LOCATED ON THE SOUTHSIDE OF OLEANDER DRIVE, APPROXIMATELY 370 FEET WEST OF AZALEA DRIVE (SR 1506) FROM AN R- 15 RESIDENTIAL DISTRICT TO A B-2 HIGHWAY BUSINESS DISTRICT TABLED '1'0 MAY 7, 1984, MEETING After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to table the Public Hearing to consider an appeal as indicated above to the May 7, 1984, regularly scheduled meeting of the New Hanover County Board of Commissioners. NON-AGENDA ITEMS - GENERAL PUBLIC Chairman Gottovi asked if any member of the general public wished to address the Commissioners on any item listed on the Consent Agenda or any subject not listed on the Regular Agenda. The following person commented: Mr. Paul Chahoc commented on a statement forwarded by the New Hanover County Tax Department for penal ties charged to him for Privilege License since 1978-79 stating he felt the penalties were unfair sinc~ he had not been informed that a Privilege License was required by the County as of that date requesting the Commissioners to abate the penalties. I After discussion, it was the consensus of the Board to request the County Manager to address this issue and report back to the Board since many complaints have been received. t'-.. 533 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA Commissioner Barfield MOVED, SECONDED to approve the Consent Agenda as follows: CARRIED UNANIMOUSLY. by Commissioner Blake Upon vote, the MOTION I ADOPTION OF RESOLUTION ACCEPTING OFFERS TO PURCHASE SURPLUS REAL PROPERTY OWNED JOINTLY BY THE CITY AND COUNTY The Commissioners adopted a resolution accepting offers to purchase parcels of property located at 808 North 7th Street, and 1314 Glenn Street for the sum of $3,400 representing an ad valorem tax value of $6,360 as of 1983. A copy of the resolution is contained in Exhibit Book XI, Page 23. ADOPTION OF RESOLUTION PROPOSING ACCEPTANCE OF OFFERS TO PURCHASE SURPLUS REAL PROPERTY OWNED JOINTLY BY THE CITY AND COUNTY The Commissioners. adopted a resolution proposing acceptance of offers to purchase surplus real property located at 200 Block of North Carolina Avenue; 31 South Sixth Street; 405 South Sixth Street; and 614 Nun Street, representing an ad valorem tax value in the amount of $5,480 for 1984 with offers to purchase being duly advertised for upset bid. A copy of the resolution is contained in Exhibit Book XI, Page 23. I SUPPORT OF INTENT BY NEW HANOVER MEMORIAL HOSPITAL TO INITI~TE . SERVICES OF CARDIAC CATHETERIZATION AND OPEN HEART SURGERY The Commissioners authorized the Chairman to write a letter to New Hanover Memorial Hospi tal conveying support of the hospital's intent to initiate services of cardiac catheterization and open heart surgery. A copy of the letter is on file in the Clerk's office. POSITION RECLASSIFICATION - STEAM PLANT - ENGINEERING The Commissioners approved reclassification of the Assistant Steam Plant Manager position to Chief of Operations with a pay range change from 75 to 79 in order to attract applicants with experience and knowledge necessary for the administrative functions of the steam facility. BUDGET AMENDMENT - FINANCE DEPARTMENT The Commissioners approved the following Budget Amendment in the amount of $24,000 to refund CETA funds on old contracts from September 1979 and prior: Debit - #11 3990 990, Fund Bal. - Approp. Credit - #11 4200 480, Miscellaneous $24,000 $24,000 I BUDGET AMENDMENT - NEW HANOVER COUNTY PUBLIC LIBRARY The Commissioners approved the following Budget Amendment in the amount of $4,749 for (1) redistribution of unmatched 1984 State Aid Funds; (2) Supplemental 1984 LSCA Enrichment Grant; (3) Gifts and Reimbursement for lost materials; and (4) Travel reimbursement on Quiz Championship: Debit - #11 3611 331, State Aid $ 897 #11 3611 334, Enrichment Grant (LSCA Funds) 2,851 #11 3611 890, Gifts & Contrib. 889 #11 3611 334, Quiz Bowl(LSCA Funds) 112 Credit - #11 6110 423, Books/Materials $ 897 #11 6110 423, Books/Materials 2,851 #11 6110 423, Books/Materials 889 #11 6110 520, Travel 112 5-3 4 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) 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 Credit - #11 6120 638, Ft. Fisher Development - #11 6120 115, Ft. Fisher Salaries $555 $555 PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of County Commissioners of New Hanover County on April 2, 1984, 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 CONTINUED FROM MARCH 5, 1984, MEETING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENTS CONCERNING THE DEFINITION, USE AND LOCATION OF FLOATING HOMES IN NEW HANOVER COUNTY Planning Director Hayes gave background information on the tax consequences of floating homes; building code requirements and permits; easements from the State of North Carolina over public waters; marina requirements that accommodate floating homes; and floating home moorings and storm risk. He stated the definition of floating structures had been revised utilizing the wording that was upheld in U. S. District Cou~t in New Jersey. Chairman Gottovi asked if anyone present wished to speak in favor of the Zoning Ordinance Text Amendments. The following person commented: Mr. Ed Lowe commented on the current regulations governing floating structures and urged the passage of an ordinance for New Hanover County to regulate and protect environmental concerns. Chairman Gottovi commented on the usage of marinas for the boating public rather than subdivisions for people to live on the water stating that most marinas are located in estuarine waters, most of which are classifi@q1 as primary nurseries expressing her concern for the discharge of sewage. Chairman Gottovi asked if any one present wished to speak in opposition to the Zoning Ordinance Text Amendments. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to adopt the following resolution and Ordinance amending Article II, Definitions, Section 23, Article V, District Regulations, Section 50-2, Article VII, provisions for Uses Allowed as Special Uses, Section 72, Addi tional Restrictions Imposed on Certain Special Uses by adding a new Section 72-31.5 Upon vote, the MOTION CARRIED UNANIMOUSLY. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the Board of County Commissioners of New Hanover County, as public officials, acknowledge their duty to the residents and visitors to New Hanover County in protecting their health,' safety apd welfare; and.._ WHEREAS, the Wilmington-New Hanover Land Use Plan states a commitment to promote efficient utilization of scarce land energy resources while preserving the quality of life of area residents; and WHEREAS, the voters in the unincorporated area of New Hanover County, on March 6, 1984, approved a $46,000,000 bond issue to provide sanitary sewer services throughout the entire County; and "- I I I 535 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) PUBLIC HEARING ON FLOATING STRUCTURES (CONTINUED) WHEREAS, the maintenance of high water quality within the coastal wetlands, estuarine waters, and all other coastal waterways within the territorial limits of New Hanover County is dependent upon the avoidance of all land use activities which could introduce pollutants into the soils, air or waters of the County; and WHEREAS, it has come to the attention of the Board of County Commissioners, through the County Planning Staff, that there is potentially a planned influx of floating homes designed primarily for year-round living, which floating homes shall be located on or in the estuaries and public trust waters within New Hanover County; and WHEREAS, the Board of County Commissioners also is aware that the waterways and estuaries located within the County are, at the present time, enjoyed by a multitude of residents and visitors to the area, primarily during the summer season for recreational purposes; and WHEREAS, the oyster beds and clam areas are a natural resource which should be preserved and maintained; and WHEREAS, New Hanover County is dependent upon continuing high water quality to insure both commercial and recreational harvesting of shellfish and finfish; and WHEREAS, it is incumbent upon the governing body of the County to protect said industry, as well as protect the established character and social and economic well-being of the community; and WHEREAS, it is also imperative that the Board of County Commissioners prevent the overcrowding of the use of said estuaries and public trust waters, and maintain them in as near a non-polluted state as possible; and WHEREAS, iil the opinion of the Couuty Planning Staff, the maj or influ:~ of floating- homes ::lesigned primarily for year-round living is contr~ry to the .prote<;-ted ang established character of New Hanover County and will 'detriment4lly affect the use of tl,.e waterways 'Hit-hin the County; and" WHEREAS, the Board of County Commissioners is cognizant of the dangers of the introduction of waste water or "gray water" of any kind into the waterways of the county, and of the difficulty of curtailing or preventing such introduction as a result of the intensification and influx of floating homes; and WHEREAS, New Hanover County's coastal wetlands, estuarine waters, estuarine shorelines and public trust waters are the most important and valuable natural resource in New Hanover County; and WHEREAS, development located over coastal wetlands, estuarine waters and over lands covered by navigable waters owned by the State of North Carolina will infringe upon the public's rights, use and enjoyment of such important natural resources; and WHEREAS, commercial and residential development can adequately function on land in a safe and sanitary manner without directly damaging the natural functions of the County's most important and valuable natural resource; and WHEREAS, such development would conf lict with the County's Policies for Growth and Development and would be particularly vulnerable to loss of life and property during hurricanes and major storms; and 536 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) PUBLIC HEARING ON FLOATING STRUCTURES (CONTINUED) WHEREAS, the provision of public services would be significantly more costly for such development located off-shore, without providing an adequate property tax base; and WHEREAS, it is the opinion of the Board of County Commissioners of New Hanover County, after carefully considering all the facts and information supplied to it, and after hearing from all interested persons, that it would be in the best interests of the residents of New Hanover County to restrict the unbridled infusion of floating homes on the waterways of New Hanover County and, by restricting their uncontrolled growth, lessen the burdens on the waterways of the County; NOW, THEREFORE, the Board of Commissioners of New Hanover County, having addressed and considered the within-noted co~cerns, does hereby proceed to enact an amendment to the Zoning Ordinance of New Hanover County, as the same shall apply to floating structures. This the 2nd day of April, 1984. 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 Exhibit Book XI, Page 24. PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY .78 AN ACRE, LOCATED SOUTH OF MARQUERITE DRIVE AND WEST OF AZALEA DRIVE FROM AN R-15 RESIDENTIAL DISTRICT TO A B-2 HIGHWAY BUSINESS DISTRICT Planning Director Hayes gave background information on the rezoning request stating the Planning Board recommended approval with the additional recommendation that adjoining property owned by Thetis Irving and Odell O'Quinn be rezoned to B-2. Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning request. The following person commented: Mr. Steve Caldwell Chairman Gottovi asked if anyone present wished to speak in opposition to the rezoning request. No one commented. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to approve the rezoning request as recommended by the Planning Board requiring adjoining property to be rezoned to B~2. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971," is contained in Zoning Book I, Page 24. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 1.6 ACRES, LOCATED ON THE WEST SIDE OF OAKLEY LOOP ROAD APPROXIMATELY 600 FEET NORTH OF FORK DRIVE (SR 1384) FOR A MOBILE HOME IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the issuance of the Special Use Permit for location of a mobile home stating the four general requirements had been met. Chairman Gottovi asked the applicant 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. C. J. Peterson ..... I I I 537 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT FOR MOBILE HOME (CONTINUED) Mr. Peterson, the applicant, commented on the condition and use of the mobile home stating he had met the general requirements. 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 further discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve the issuance of the Special Use Permit based on 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, April 2, 1984, to consider application number #S-218 4/84 submitted by Clarence J. Peterson, a request for a Special Use Permit to use the property located at the wests ide of Oakley Loop Road; approximately 600 feet north of Fork Drive for a mobile home in an R-20 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 72-0 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. New Hanover County Health Department has issued a septic tank permit for sewage disposal on the property. 2. The private well site has also been approved by the County Health Department. 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 The proposed mobile home is permitted special , use in the R-20 district. 2. The property is 1.6 acres in size leaving a lot area of 105 ft. x 300 ft. or 31,500 sq. ft. for the proposed mobile home. 3. Adequate ingress and egress is available to the proposed mobile home from Sandhill Drive and adequate space ~orparking is provided. 4. All side, front and rear yard requirements are satisfied. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 538 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A SPECIAL USE PERMIT FOR LOCATION OF MOBILE HOME (CONTINUED) 1. Special Use Permits (S-151 10/80 and S-142 8/80) for mobile homes have been approved for adjoining properties. 2. Numerous mobile homes exist in the area and the addition of this residential land use is compatible with other residential uses in the vicinity. 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. County Policies for Growth & Development provide that rural areas be maintained as low density residential areas, rural communi ties, open space lands, farms and other uses compatible with the intent of this policy. 2. The mobile home if located as proposed would be in harmony with the area and in general conformity with the plan of development for New Hanover County. 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 the 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 be 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 2nd day of April, 1984. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 20,000 SQ. FT. LOCATED ON THE SOUTHSIDE OF EASTWOOD ROAD (U. S. HIGHWAY 74) DIRECTLY WEST OF CARDINAL DRIVE (SR 1475) FOR A CONVENIENCE FOOD STORE IN AN 0 & I AND INSTITUTIONAL DISTRICT Planning Director Hayes gave background information on the Special Use Permit showing slides of the property where the convenience food.s tore would be roca ted. Chairman Gottovi asked any persons present wishing to give testimony in favor of the issuance of the Special Use Permit to step forward to be duly sworn in. The following persons were sworn in: Jack Cotten John Maye Mr. David Barefoot, Attorney representing the applicant, Jack Cotten of Worsley Services, Inc., questioned the applicant stating the four general requirements had been met. " 539 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER LOCATION OF CONVENIENCE FOOD STORE (CONTINUED) Mr. Jack Cotten gave an illustrated presentation of the store to be erected. I Commissioner O'Neal commented on the danger of abandoned underground fuel storage tanks requesting that a condition be added to the Special Use Permit requiring removal of underground tanks if the facility is converted to any other type of business use in the future. John Maye commented on the outstanding building that Worsley Services, Inc. had constructed for their business office and stated he was very much in favor of a ,Convenience Food Store being placed on this property. Chairman Gottovi asked any persons present wishing to give testimony in opposition to the issuance of the Special Use Permit to step forward to be sworn in. The following persons were sworn in: , Ms. Jean Britt Mr. Carl Calder Ms. Jean Britt and Mr. Carl Calder commented on concern for the increase of traffic congestion to the residents living in this area requesting denial of the Special Use Permit. I After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the issuance of the Special Use Permit with the condition that if the facility is converted to any other type of use, the underground fuel storage tanks must be removed. 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, April 2, 1984, to consider application number #S-219 4/84 submitted by Worsley Services, Inc., a request for a Special Use Permit to use the property located west of Cardinal Drive for a Convenience Food Store in an o & I 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 72-4 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). I 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1. New Hanover County Health Department has approved the proposed connection and use of adjoining septic tank and well owned by Worsley Service, Inc. for use by the proposed Scotchman Training Store. 2. Department of Transportation shall approve the proposed driveway entrances with regard to traffic impacts. 540 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE A SPECIAL USE PERMIT FOR LOCATION OF CONVENIENCE STORE (CONTINUED) 3. A commercial dumpster will be provided on-site to ensure adequate solid waste storage and disposal. 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. Convenience Food Stores are permitted Special Uses in the 0 & I District. 2. Property is approximately 20,000 sq. ft. in size and the proposed building is 2,100 sq. ft. in size in compliance with Sections 74-4 (1) and (2). 3. All side and front yard requirements are satisfied according to Section 59.1 of the Ordinance. 4. Approximately 10 parking spaces are shown on the site plan satisfying all parking requirements of Section 72-4(6) and 81-1 of the Ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1. The proposed store is located at a corner lot and not within the interior of a subdivision. 2. A planted buffer must be provided along the western property line to separate the 0 & I and R-15 Districts and to protect the potential residential use of adjoining properties. 3. The proposed Scotchman Training Store should enhance value of 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: 1. The property is classified as Transition and County Policies for Growth & Development encourage future intensive development requiring public services. 2. The proposed store should be in harmony with the character of the area as a number of other businesses, including a convenience food store, are located in the vicinity. 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 the 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. r--... 541 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR CONVENIENCE FOOD STORE (CONTINUED) I b) If any of the conditions imposed by this Special Use Permi t 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: Underground Fuel Storage Tanks must be removed from the property if the property is converted to other types of land use. Ordered this 2nd day of April, 1984. BREAK . Chairman Gottovi recessed the meeting for a break from 8:50 o'clock P.M. to 9:08 o'clock P.M. PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE VII, SECTION 72-4 CONCERNING GASOLINE PUMPS AT CONVENIENCE FOOD STORES IN RESIDENTIAL DISTRICTS Planning Director Hayes gave background information on the Zoning Ordinance Text Amendment concerning gasoline pump islands at Convenience Food Stores stating this amendment would allow for the dispensing of gasoline, diesel fuel and kerosene at one pump island stating the Planning Board approved the change with the recommendation that "gasoline sales" be changed to "fuel sales". I Chairman Gottovi asked if anyone present wished to speak in favor of the Text Amendment. No one commented. Chairman Gottovi asked if anyone present wished to speak in opposition to the Text Amendment. No one commented. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to approve the Text Amendment as recommended by the Planning Board. 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 Exhibit Book XI, Page 25. PUBLIC HEARING TO CONSIDER AN APPEAL FOR REZONING PROPERTY APPROXIMATELY 31.0 ACRES LOCATED 400 TO 1,000 FEET NORTH OF BLUE CLAY ROAD AND APPROXIMATELY 1,700 FEET NORTH OF PARMELE ROAD (SR 1335) FROM AN R-15 RESIDENTIAL DISTRICT TO AN I-I INDUSTRIAL DISTRICT Planning Director Hayes gave background information on the rezoning request stating the Planning Board denied the request due to concern about drainage problems and downstream flooding on Prince George Creek if the property was developed to more intensive development other than residential. I Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning request. The following persons commented: Mr. Alex Hall, Attorney representing the applicant, Mr. William B. Blackburn, commented on the fact that the first time this request was presented to the Planning Board his client had applied for rezoning to business stating his client had realized that I-2 zoning would be more appropriate for the use of this property. He commented on the location of Interstate I-40 stating industrial development for this land would be the most appropriate use since I-2 zoning regulated industries that would be non-polluting and would control the installation of septic tanks requesting the Commissioners to consider the rezoning request passing out copies of letters signed by adjoining property owners in favor of the request. 542 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER APPEAL FOR PROPERTY LOCATED NORTH OF BLUE CLAY ROAD (CONTINUED) Mr. Blackburn commented the need for use of his property requesting consideration of the rezoning. Chairman Gottovi asked if anyone present wished to speak in opposition to the rezoning request. The following residents of surrounding subdivisions commented: Mr. Bill Horvath Mr. Wade Pope Mr. Winfield Smith Commissioner Barfield commented on the difference between a fabrication plant and steel plant pointing out the problems associated with fabrication plants. After further discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to deny the rezoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONTRACT BETWEEN NEW HANOVER COUNTY AND NEW HANOVER MEMORIAL HOSPITAL FOR LEASE OF SPACE FOR HEALTH DEPARTMENT Mr. Robert Parker, Director of the New Hanover County Health Department, requested approval of a contract leasing 1,350 square feet of space for the Home Health staff. Chairman Gottovi stated the Medical Society Auxiliary had withdrawn their request in the interest of good public relations; therefore, the Chairman requested the Board to draw up a resolution urging New Hanover Memorial Hospital to assist and provide a Ronald McDonald type facility for the Auxiliary. After discussion, Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the contract and authorize the Chairman to draw up and execute a resolution requesting the hospi tal to assist the Medical Society Auxiliary in locating a facility to provide accommodations for relatives of patients in the Intensive Care Units from within and outside the County. ~pon vote, the MOTION CARRIED UNANIMOUSLY. FINAL ADOPTION OF ORDINANCE GRANTING AMBULANCE FRANCHISE TO COMPREHENSIVE HOME HEALTH CARE, INC. The following Ambulance Franchise Ordinance for Comprehensive Home Health Care, Inc. was finally adopted after a second reading and passage: AN ORDINANCE GRANTING A FRANCHISE TO COMPREHENSIVE HOME HEALTH CARE, INC., TO PROVIDE SCHEDULED NON-EMERGENCY AMBULANCE SERVICE (CATEGORY II) WITHIN NEW HANOVER COUNTY AND SCHEDULED NON-EMERGENCY (CATEGORY II) AND SCHEDULED EMERGENCY (CATEGORY I) SERVICE ORIGINATING WITHIN NEW HANOVER COUNTY WITH AN OUT-OF-COUNTY DESTINATION THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA, DOES ORDAIN: Section I. Grant. Subject to the terms and conditions of the New Hanover County Ambulance Service Ordinance and the other terms and conditions of this ordinance, Comprehensive Home Health Care, Inc., its successors and assigns, is hereby granted, from and after the effective date hereof, the right, pri vi lege and franchise to provide Scheduled Non-Emergency Ambulance '- 543 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) SECOND READING OF AMBULANCE FRANCHISE (CONTINUED) I Service (Category II) within New Hanover County and Scheduled Non-Emergency (Category II) and Scheduled Emergency (Category I) Ambulance Service originating within New Hanover County with an out-of-county destination, for the purpose of providing adequate ambulance service, of these types, to the citizens of New Hanover County; all subject to present and future ordinances of the County relating thereto. Section II. Term. This franchise is granted for the term of five (5) years from and after the effective date hereof; provided that either party, at its option, may terminate the franchise upon sixty (60) days' written notice to the other party. Section III. Territory. This franchise shall apply to all of New Hanover County. Section IV. Renewal. This franchise is renewable at the option of the Board of Commissioners of New Hanover County. Section V. Non-Exclusive. The right herein granted shall be non-exclusive,-an~New-Hanover County reserves the right to grant similar franchises to any person or persons at any period during the present franchise or any extension thereof. I Section VI. Standards. The standards for this franchised ambulance ser-vice~-Its drivers and attendants, its vehicles and equipment, and its communications facilities shall, at all times during the term of this franchise or any extension hereof, comply with all of the laws and requirements of the State of North Carolina and the requirements of the New Hanover County Ambulance Service Ordinance, all of the terms and conditions of which are herein incorporated by reference and made a part hereof, the same as if fully set forth. Section VII. Insurance. The grantee herein shall, at all times during the term of this franchise and any extension thereof, maintain in full force and effect insurance coverage, issued by an insurance company licensed to do business in the State of North Carolina, sufficient to provide all the insurance necessary to meet the requirements of Section 6-28 of the New Hanover County Ambulance Service Ordinance. Section VIII. g~~~E~~. Grantee shall keep and maintain all of the records required of the grantee by the New Hanover County Ambulance Service Ordinance and to permit the County to inspect grantee's records, premises and equipment at any time in order to ensure compliance with the New Hanover County Ambulance Service Ordinance. Section IX. Rates and Charges. Grantee shall submit a schedule of rates to New Hanover County for approval and shall not charge more than the approved rates without specific approval by N~w Hanover County. I Section X. Acceptance of Franchise. This franchise and the right, privileges and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, provided that within thirty (30) days after the date of the final passage of this ordinance, the grantee shall file with the Clerk to the Board of Commissioners its unconditional acceptance of this franchise and promise to comply with and abide by all of its provisions, terms and conditions, and said acceptance to be in writing and in the form and executed in the manner as provided in this franchise. 544 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) SECOND READING OF AMBULANCE FRANCHISE ORDINANCE (CONTINUED) Section XI. Grantee's Representation and Covenants. The acceptance of this franchise ordinance by Comprehensive Home Health Care, Inc., shall constitute representations and covenants by it that: a. It accepts and agrees to all the provisions of this ordinance and those instruments and documents incorporated herein by reference; b. It has examined all of the provisions of this and the New Hanover County Ambulance Service Ordinance and waives any claim that any provisions hereof are unreasonable, arbitrary or void; c. It recognizes the right of New Hanover County to make reasonable amendments to the franchise ordinance or franchise agreement during the term of the franchise, provided that no such change shall compromise the ability of Comprehensive Home Health Care, Inc., to perform satisfactorily its obligations or right under this ordinance. It further recognizes and agrees that New Hanover County shall in no way be bound to renew the franchise at the end of the franchise term; d. It acknowledges that its rights hereunder are subject to the police power of New Hanover County to adopt and enforce general ordinances necessary to the safety and welfare of the public, and it agrees to comply with all applicable general laws enacted by New Hanover County pursuant to such power. Section XII. Effective Date. This ordinance shall be in full force and effect from and after its final adoption by the Board of Commissioners of New Hanover County, North Carolina. FIRST ADOPTED by a first reading and passage at a regular meeting of the Board of Commissioners of New Hanover County on the 26th day of March, 1984; and FINALLY ADOPTED by a second reading and passage at a regular meeting of the Board of Commissioners of New Hanover County on the 2nd day of April, 1984. ADDITIONAL ITEMS - COUNTY COMMISSIONERS AMENDMENT TO MOTION FOR SCHEDULING OF EQUALIZATION AND REVIEW BOARD MEETING Commissioner O'Shields requested an amendment to his motion scheduling the Equalization and Review Board Meeting requesting advertisement of the meeting according to the requirements of the General Statutes. It was the consensus of the Board to amend the motion and advertise accordingly. DISCUSSION OF SEWAGE ALLOCATION FOR SHRINE CLUB Commissioner Blake commented on the concern of the Shrine Club and their need for approval of a 3,000 gallon flow allocation requesting the status of this request. Chairman Gottovi stated the City of Wilmington had been requested to release additional allocation to the County since the bond referendum had passed and as of this date, the County had not received a reply; consequently, an answer was not available at the present time. It was the consensus of the Board to request Mr. Ed Hilton, Director of Engineering and Facilities, to keep the Shrine Club informed on the progress of their allocation request. i'--. 545 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) UPDATE ON TRAFFIC LIGHT REQUEST FOR GORDON ROAD AND HIGHWAY 17 Chairman Gottovi updated the Board on the discussion of traffic signals at the Advisory Transportation Committee meeting stating assurance of a signal at the intersection of Gordon Road and Highway 17 and consideration of a timed light at Laney High School and Highway 132, North. I CERTIFICATE OF NEED FOR ESTABLISHMENT OF CARDIAC CATHETERIZATION AND OPEN HEART SURGERY AT NEW HANOVER MEMORIAL HOSPITAL Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to authorize the Chairman to write a Certificate of Need for establishment of ~ Cardiac Catheterization and Open Heart Surgery at New Hanover Memorial Hospital. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF REQUEST BY CITY COUNCIL FOR JOINT MEETING TO DISCUSS THE ESTABLISHMENT OF A GOVERNMENTAL CONSOLIDATION STUDY COMMISSION After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to invite the Wilmington City Council and The Institute For Trends Research to attend the regularly scheduled meeting of the County Commissioners on April 16, 1984, as the first item on the agenda to discuss the consolidation issue. Upon vote, the MOTION CARRIED UNANIMOUSLY. NOTIFICATION OF ECONOMIC DEVELOPMENT SEMINAR SPONSORED BY THE CAPE FEAR COUNCIL OF GOVERNMENTS Commissioner Blake invited the Commissioners to attend a one day Area Economic Development Seminar sponsored by the Cape Fear Council of Governments to be held on April 25, 1984, at the Wilmington-Hilton stating that invitations would be forthcoming. I DISCUSSION OF WATER QUALITY PROBLEMS IN CAPE FEAR RIVER Chairman Gottovi stated she had been contacted by Jim Summers, Department Head of NRCD, who was very concerned by the communication gap that occurred between the State and New Hanover County when the County was not informed officially about the water quality problems in the Cape Fear River. He assured the County that the water quality standard in the river would not be dropped and methods of alleviating the current pollution problems by various companies would be resolved and that Takeda was planning to locate in Wilmington. After discussion, it was the consensus of the Board to write a letter to the Division of Environmental Management requesting an explanation and presentation of the study. APPROVAL OF CASH CONTRIBUTION TO LOCAL RED CROSS FOR ASSISTANCE TO TORNADO VICTIMS County Manager Cooper suggested a cash contribution of $1,000 to the local Red Cross to provide assistance to victims of the tornados throughout eastern North Carolina. Commis sioner Barf ield MOVED, SECONDED O'Neal to approve the funding in the amount approval of the following Budget Amendment. MOTION CARRIED UNANIMOUSLY. by Commi s s ioner of $1,000 with Upon vote, the I Debit Credit - #11 9800 911, Contingencies #11 4800 480, Miscellaneous $1,000 $1,000 AWARD OF BID TO MODERN BUSINESS SYSTEMS FOR MICROFILMING DEPARTMENT OF SOCIAL SERVICES Commi ssioner 0' Shields MOVED, SECONDED by Commi s sioner Barfield to award the low bid to Modern Business Systems in the amount of $69,650 for microfilming for the Department of Social Services. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the agreement and resolution are contained in Exhibit Book XI, Page 26. 546 MINUTES OF REGULAR MEETING, APRIL 2, 1984 (CONTINUED) AUTHORIZATION OF PHASES III & IV TO BE CONTINUED ON THE AGRICULTURE EXTENSION BUILDING BRADLEY CREEK SITE County Manager Cooper stated the Board had previously approved a Budget Amendment in the amount of $4,810 allowing John Sawyer to proceed with work on Phases III and IV of the existing contract on the Bradley Creek Agriculture Extension Building explaining the motion did not specifically authorize him to continue these phases requesting clarification of this issue. Commissioner O'Shields MOVED, SECONDED by Chairman Gottovi to proceed with Phases III and IV of the existing contract with Ballard, McKim, & Sawyer for the Bradley Creek Agriculture Extension Building. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF EXISTING CEILING IN SUPERIOR COURTROOM After discussion, it was the consensus of the Board to approve additional funding for renovation of an existing old ceiling that is architecturally significant in the Superior Courtroom of the Old County Courthouse with the County Manager preparing a Change Order to be presented for approval at a later date. APPROVAL OF CONTRACT BETWEEN NEW HANOVER COUNTY AND JEFFERIES AND FARIS, ARCHITECTS FOR PHASE I OF SOCIAL SERVICES BUILDING Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to approve the contract between New Hanover County and Jefferies and Faris, Architects for architectural services for Phase I of the Social Services Building. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Commissioner Blake MOVED, SECONDED by Commissioner O'Shields to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUS4Y. Chairman Gottovi adjourned the meeting at 10:30 O'clock P.M. Respectfully submitted,' of:F.~-1~ Clerk to the Board i'--