1984-04-02 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'--