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1984-05-07 Regular Meeting 556 MINUTES OF REGULAR MEETING, MAY 7, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 7, 1984, at 7:00 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.~ Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman Karen E. Gottovi; County Manager, G. Felix Cooper; County Attorney Robert W. Pope; and Clerk to the Board, Lucie F. Smith. Reverend Robert Rudd, Pastor of Sunset Park United Methodist Church, gave the invocation. APPROVAL OF MINUTES OF REGULAR MEETING OF APRIL 2, 1984 Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Regular Meeting of April 2, 1984, as corrected. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF PLAQUE TO PLANNING DEPARTMENT FOR AIRLIE ROAD PLAN Chairman Gottovi presented to Planning Director, Dexter Hayes, a plaque awarded to the New Hanover County Planning Department for "Honorable Mention9 of the Airlie Road Plan by the North Carolina Chapter of the American Planning Association. On behalf of the Board of Commissioners, she congratulated the Planning Department, Planning Board and members present of the Airlie Road Citizens Committee for a joint effort in' performing an outstanding job. FORMAL INTRODUCTION OF NEW COUNTY EMPLOYEES Personnel Director, Andre' Mallette, introduced the following newly hired County employees to the Board of Commissioners stating that Mr. Dan Summers, Emergency Services Director, was unable to attend: Ms. Carolyn Thompson, Tax Listing Supervisor Mr. Wallace Hughes, Steam Plant Manager Mr. Thurman Lewis, Programmer Analyst I Chairman Gottovi, on behalf of the Commissioners, welcomed the new employees aboard wishing them many happy years of productive employment with New Hanover County. 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. John Coleman commented on a branch located on his property on Chair Road stating this ditch had not been cleaned out for years and asked what procedure should be followed to have the Health Department to respond to this request. Chairman Gottovi stated the Health Department would contact him. REQUEST BY COMMISSIONERS BLAKE AND BARFIELD TO ADJOURN THE MEETING AT 10:00 OOCLOCK P.M. DUE TO PRIMARY ON MAY 8, 1984 Commissioners Blake and Barfield requested the Board to adjourn the meeting at 10:00 o'clock P.M. due to the May 8 Primary. It was the consensus of the Board to adjourn at the time requested. APPROVAL OF CONSENT AGENDA Commissioner Blake MOVED, SECONDED by to approve the following Consent Agenda. CARRIED UNANIMOUSLY. Commissioner O'Shields Upon vote, the MOTION Proclamation - Soil Stewardship Week The Commissioners adopted a proclamation proclaiming Soil Stewardship Week ip New Hanover county f~o~ May 27-June 3, 1984, in accordance wlth Governor Hunt proclalmlng 1984 the year in which "Soil and Water '84" be highlighted. t'-.... 557 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Proclamation - Soil Stewardship Week (Continued) A copy of the proclamation is contained in Exhibit Book XI, Page 27. I Approval of Request for Destruction of Records - Governing Body The Commissioners approved a request for destruction of various records in the Governing Body office. A list of the request is on file in the Clerk's office. Approval of Contract - Water Well - Steam Generation Facility - (Resource Recovery Facility) -Engineering Department The Commissioners authorized the Chairman to execute a contract in the amount of $25,458 to Skipper Well Drilling and Pump Service which was awarded at the April 16, 1984, meeting. , A copy of the contract is on file in the County Manager's office. Approval of Change Order No. 1 - Wastewater Flow Measuring Device - poquoson Contruction Company - Engineering Department The Commissioners authorized the Chairman to execute Change Order No. 1 in the amount of $1,220 for installation of additional pipes and fittings to accurately measure the wastewater flow with approval of the following Budget Amendment: Debit Credit - #47 4707 320, Professional Services #47 4800 640, Capital Outlay $1,220 $1,220 I Approval to File Application for LWCF Grant - Parkwood Recreation Area - Parks & Recreation Department The Commissioners authorized the Chairman to execute an application to file for a LWCF grant in the amount of $30,000 for the Parkwood Recreation Area. A copy of the Grant Application is on file in the County Manager's office. Adoption of Resolution Proposing Acceptance of an Offer to Purchase Surplus Property owned by the City and County The Commissioners authorized the Chairman to execute a resolution accepting an offer to purchase surplus real property in the amount of $2,365 representing an ad valorem tax value as of 1983 totaling $4,730 for property located at 801 South Fifth Street. The offer to purchase will be duly advertised for upset bid. A copy of the resolution is contained in Exhibit Book XI, Page 27. I Adoption of Resolution Accepting Offers to Purchase Surplus Property Owned Jointly by the City and County The Commissioners authorized the Chairman to execute a resolution accepting offers to purchase parcels of property for the sum of $2,880 representing an ad valorem tax value as of 1983 in the amount of $5,480. The offers to purchase have been duly advertised for upset bid. The properties involved are 200 Block of North Carolina Avenue, 321 South Sixth Street, rear of 405 South Sixth Street, and rear of 614 Nun Street. A copy of the resolution is contained in Exhibit Book XI, Page 27. Adoption of Resolution Proposing Acceptance of Offers to Purchase Surplus Property Owned Jointly by the City and County The Commissioners authorized the Chairman to execute a resolution accepting offers to purchase surplus real property in the amount of $1,510 representing an ad valorem tax value for 1984 in the amount of $3,010. The properties involved are 120 St. James Alley, 914 Queen Street, and 804 North 7th Street. 558 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Resolution Proposing Acceptance of Offers to Purchase Surplus Property (Continued) A copy of the resolution is contained in Exhibit Book XI, Page 27. Approval of Change Order E-13 - Judicial Building - Engineering Department The Commissioners authorized the Chairman to execute Change Order E-13 in the amount of $2,605.45 for electrical work in changing the ceiling layout of the Judicial Building with approval of the following Budget Amendment: Debit Credit - #48 9800 911, Contingencies #48 4708 623, Electrical Cont. $2,605 $2,605 Approval of Change Order G-24 - Judicial Building - Engineering Department The Commissioners authorized the Chairman to execute Change Order G-24 in the amount of $22,325 for work involved in improvements to the exposed ceiling in the large courtroom with approval of the following Budget Amendment: Debit Credit - #48 9800 911, Contingencies #48 4708 621, General Contractor $22,325 $22,325 Approval of Reclassification for Staff Attorney Position - Legal Department The Commissioners approved reclassification of the Staff Attorney position in the Legal Department to Assistant County Attorney establishing a second Assistant County Attorney position. Approval of Fort Fisher Lifeguard Agreement - Parks & Recreation Department The Commissioners authorized the Chairman to execute a contract with the Town of Carolina Beach to provide lifeguards at the Fort Fisher Beach Access Site not to exceed $8,500 for the duration of the contract. A copy of the contract is on file in the County Manager's office. Approval of Change Order G-l - Baggage Claim Project - New Hanover County Airport The Commissioners authorized the Chairman to execute Change Order G-l in the amount of $644 to provide a robot model security gate operator at the Airport with approval of the following Budget Amendment: Debit - #63 9800 911, Contingencies $644 Credit - #63 4550 371, Construction Contract $644 Approval of R/W 34 Approach Clearing Project - TCA Work Authorization 83-6 Project Ordinance The Commissioners approved TCA Work Authorization 83-6 establishing the project as a Capital Project approving the Project Ordinance and the following Budget Amendment for the clearing of Approach 34: Debit - #64 3455 367, State Grant $28,400 #60 4535 394, Airfield - M & R 18,300 #60 4570 620, Terminal -Capital Outlay, Bldg. 4,250 #60 4545 340, Landside - Utilities 2,450 ~ 559 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of R/W Approach Clearing Project (continued) #60 4535 326, Professional Services - Airfield 3,400 #64 3986 921, Transfer from Airport 28,400 I Credit - #64 4550 323, Engineering $ 4,300 #64 4550 371, Clearing Services 50,000 #64 9800 911, Contingencies 2,500 #60 9761 900, Transfer to Capital Projects 28,400 A copy of the Project Ordinance is contained in Exhibit Book XI, Page 28. Award of Low Bid to John Robins Motor Company for Purchase of Ash Removal Vehicles - Steam Plant - Engineering Department The Commissioners awarded the low bid to John Robins Motor Company in the amount of $128,127 to purchase three dump trucks to remove ash from the Steam Plant authorizing the Chairman to execute the resolution and agreement. Copies of the resolution and agreement are contained in Exhibi t Book XI, Page 28. Approval of Budget Amendment - Department of Social Services The Commissioners approved the following Budget Amendment for the Department of Social Services: I Debit - #11 3530 379, Reimbursement for County Welfare Admin. Expend. $20,033 #11 5310 100, Salaries & Wages 22,516 #11 5310 333, Consultants 150 #11 5310 640, Capital Outlay 4,601 Credit - #11 5357 530, CP&L Energy Asst. Payments $20,033 #11 5310 360, Advertising 150 #11 5310 423, Office Equipment 27,117 Approval of Budget Amendment - Finance Department The Commissioners approved the following Budget Amendment in the amount of $10,000 for purchase of two ET2000 terminals and one printer for the Finance Department: Debit - #11 3310 890, Interest Income Credit - #11 4131 640, Capital Outlay #11 4123 640, Capital Outlay $10,000 $ 4,000 6,000 Approval of Budget Amendment - Sewer District The Commissioners approved the following Budget Amendment to record anticipated 1/2 cents sales tax proceeds: I Debit - #80 3981 920, Contribution from New Hanover County $478,000 Credit - #80 4700 900, Transfer to Capital Projects $478,000 Approval of Budget Amendment - Refuse Fired Steam Generation Facility - Engineering Department The Commissioners approved the following Budget Amendment to eliminate transfer between funds for accounting purposes only: Debit -#50 3970 920, Loan Proceeds- 1st Union Nat. Bank $4,000,000 #71 4720 594, Lease Payments 755,600 #71 4720 900, Transfer to RFSGF Capital Project 3,244,400 560 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Budget Amendment - Refuse Fired Steam Generation Facility (Continued) Credit-#50 3981 925, Transfer from RFSGF Operating Fund $3,244,400 #50 4750 594, Lease Payments - 1st Union Nat. Bank 755,600 #71 3970 910, Lease Proceeds - 1st Union Nat. Bank 4,000,000 Approval of Budget Amendment - Finance Department The Commissioners approved the following Budget Amendment for additional temporary help through the end of the fiscal year and for a student intern to work full time during the audit in the Finance Department: Debit - #11 3310 890, Interest Earnings Credit - #11 4131 100, Salaries & Wages $4,000 $4,000 Approval of Budget Amendment - Transfer of Funds to Capital Projects - Finance The Commissioners approved the following Budget Amendment in the amount of $70,000 for transfer of funds to Capital Projects due to an increased revenue sharing allocation: Debit - Acct.#ll 3211 210, Revenue Sharing $70,000 Acct.#48 3981 920, Transfer from Gen. 70,000 Credit - Acct.#ll 9740 900, Transfer to Capital Projects $70,000 Acct.#48 9800 911, Contingencies 70,000 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: Engineering/Personnel - Advertising of New Positions Debit - Acct.#ll 4197 221, LGERS Credit - Acct.#ll 4122 360, Advertising $2,000 $2,000 PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION FOR ISSUANCE OF REVENUE BONDS FOR POLLUTION AND SOLID WASTE DISPOSAL FACILITIES AT THE L. V. SUTTON ELECTRIC PLANT OF CAROLINA POWER & LIGHT COMPANY Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to open the Public Hearing to consider approval of the project and issuance of revenue bonds to finance the pollution and solid waste disposal facilities at the L. V. Sutton Electric Plant of Carolina Power & Light Company. Upon vote, the MOTION WAS UNANIMOUSLY ADOPTED. Mr. Wallace Murchison, Attorney representing the Industrial Pollution Control Financing Authority, gave background information on the project and issuance of bonds. Mr. Murray Gould, Tax Manager of Carolina Power & Light Company, commented on the project expansion of the ash pond at the L. V. Sutton Plant and issuance of revenue bonds not to exceed $9,000,000 for the project. Chairman Gottovi asked if anyone present wished to speak on the issue. No one commented. Commissioner 0' Shields MOVED, SECONDED by Commissioner Barfield to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ 561 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION FOR ISSUANCE OF REVENUE BONDS (CONTINUED) I After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to adopt the resolution for approval of the project and issuance of revenue bonds not to exceed $9,000,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XI, Page 29. PUBLIC HEARING - REVENUE SHARING Finance Director Atkinson gave background information on the budget amendment proposed for additional revenue sharing funds to be received during the current fiscal year 1983/84 recommending replacement of general fund money with revenue sharing money. Chairman Gottovi asked if anyone present wished to speak on the issue. No one commented. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budgeted Uses Prior to Amendment Amendment Amended Use of Funds Judicial Building $ 968,444 Steam Plant for Debt Service 347,348 $ 80,463 $1,048,907 108,378 455,726 I $1,315,792 $188,841 $1,504,633 PUBLIC HEARING TO CONSIDER STREET RENAMINGS Planning Director Hayes gave background information on the proposed renamings of the following streets: 1. A portion of the Old Military Road and Azalea Drive in Magnolia Heights to be changed to Bradley Drive 2. Cornelia Nixon Davis Road (SR 1400) to be changed to Amhurst Road 3. Sailfish Lane in Wilmington Beach to be changed to Bonito Lane Chairman Gottovi asked if anyone present wished to speak on the street renaming of Bradley Drive. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to rename a portion of the Old Military Road and Azalea Drive in Magnolia Heights to Bradley Drive. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of the Ordinance is contained in Exhibit Book XI, Page 29. Chairman Gottovi asked if anyone present wished to speak on the street renaming of Cornelia Nixon Davis Road (SR 1400) to Amhurst Road. The following person commented: Mr. Michael Brown, Chairman of the Champ Davis Foundation, requested t~ name Cornelia Nixon Davis Road not be changed beyond the gates of the Davis Property. After discussion, Commissioner Blake MOVED, SECONDED by Commissioner Barfield to request the Planning Staff to be sure no duplication of road names exist for Davis Road and to contact the residents on Cornelia Nixon Davis Road to ascertain 562 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER STREET RENAMINGS (CONTINUED) their feelings to shortening or abbreviating the name Cornelia Nixon Davis Road to C. N. Davis Road, Champ Davis Road or making the road an extension of Futch Creek Road to Market Street and to continue the Public Hearing until the Board Meeting of May 21, 1984. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi asked if anyone present wished to speak on the street renaming of Sailfish Lane to Bonito Lane at Wilmington Beach, North Carolina. No one commented. Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the street renaming of Sailfish Lane to Bonito Lane at Wilmington Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Odinance is contained in Exhibit Book XI, Page 29. BREAK Chairman Gottovi recessed the meeting for a break from 7:45 o'clock P.M. to 7:59 o'clock P.M. APPROVAL OF REQUEST FOR CONTINUATION OF PUBLIC HEARING TO JUNE 4, 1984, TO CONSIDER AN APPEAL FOR REZONING PROPERTY APPROXIMATELY 7.12 ACRESv LOCATED ON THE SOUTHEAST SIDE OF MARKET STREET DIRECTLY ACROSS FROM ALEXANDER ROAD (SR 1345) FROM AN R-15 RESIDENTIAL DISTRICT TO A B-2 HIGHWAY BUSINESS DISTRICT Attorney Alton Y. Lennon appeared before the Commissioners requesting continuation of the Public Hearing to consider an appeal for rezoning property located on the southeast side of Market Street directly across from Alexander Road until the first meeting in June. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner O'Shields to continue the Public Hearing until June 4, 1984. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER ASSIGNMENT OF HOUSE NUMBERS ON WILMINGTON AND HANBY BEACH Planning Director Hayes gave background information on the assignment of house numbers on Wilmington and Hanby Beach stating the Post Office has originally made this request stating that assignment of house numbers would be very beneficial to the mail carriers. Chairman Gottovi asked if anyone present wished to speak in favor of the request. No one commented. Chairman Gottovi asked if anyone present wished to speak in opposition to the request. No one commented. Commissioner Blake MOVED, SECONDED by CommissiOler O'Neal to approve the assignment of house numbers as presented by the Planning Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of County Commissioners of New Hanover County on May 7, 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 APRIL 2v 1984, TO CONSIDER 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 Planning Director Hayes gave background information on the commercial rezoning request stating the Planning Staff recommended rezoning the Julius Rogers property to a depth of i'-.... o 563 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) PUBLIC HEARING CONTINUED FROM APRIL 2, 1984, TO CONSIDER REZONING PROPERTY ON SOUTHSIDE OF OLEANDER DRIVE (CONTINUED) 200 feet. He stated the Planning Board approved staff's recommendation. I Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning request. The following persons commented: Mr. Robert Murphrey, Commercial Realty Mr. William Beasley III Ms. Ruth Burnette, the petitioner Mr. Chuck Paul Mr. Murphrey stated approval of the rezoning request would encourage a better quality of commercial growth and development. Mr. Chuck Paul commented on the type of commercial development planned for this property. Chairman Gottovi asked if anyone present wished to speak in opposition to the rezoning request. No one commented. Commissioner 0' Shields expressed his concern for rezoning the entire property B-2 due to the various types of businesses that can be allowed under this zoning, stating he preferred a Shopping Center Designation. I After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to continue the Public Hearing to June 18, 1984, requesting the rezoning request be sent back to the Planning Board for a Shopping Center Designation including the Julius Rogers property. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 3 ACRES, LOCATED ON THE EASTSIDE OF CAROLINA BEACH ROAD, APPROXIMATELY 1,350 FEET NORTH OF BURNETT ROAD (SR 1527) FROM AN R-15 RESIDENTIAL DISTRICT TO A B-1 BUSINESS DISTRICT Planning Director Hayes gave background information on the rezoning request stating the County Policies for Growth and Development encouraged the placement of commercial businesses in areas expressly designed to meet the needs of the community and neighborhood. He stated the Planning Staff and Planning Board recommended approval of the rezoning with property No. 8 not being included in the request. Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning request. The following person commented: Mr. Ed Burnett Chairman Gottovi asked if anyone present wished to speak in opposition to the rezoning request. No one commented. I Commissioner O'Neal expressed his concern for approval of the rezoning request giving more opportunity for roads to enter the main highway, (U. S. Highway 421). After discussion, Commissioner Blake MOVED, SECONDED by Commissioner 0' Shields to approve the rezoning request as recommended by the Planning Board with Property No. 8 not being included in the request. Upon vote, the MOTION CARRIED AS FOLLOWS: ) Voting Aye: Commissioner Barfield Commissioner Blake Chairman Gottovi Commissioner O'Shields Voting Noe: Commissioner O'Neal 564 o MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY ON EASTSIDE OF CAROLINA BEACH ROAD (CONTINUED) A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971," is contained in Zoning Book I, Page 29. BREAK Chairman Gottovi recessed the meeting for a break from 8:45 o'clock P.M. to 8:58 o'clock P.M. PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 55 ACRES, LOCATED APPROXIMATELY 1,700 FEET WEST OF BLUE CLAY ROAD (SR 1318) AND WOODHAVEN DRIVE NORTH OF 1-40 FROM AN 1-2 INDUSTRIAL DISTRICT TO AN R-15 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the rezoning request stating the Planning Staff and Planning Board recommended approval due to other properties in the area which should be zoned residential rather than industrial. Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning request. No one commented. Chairman Gottovi asked if anyone present wished to speak in opposition to the rezoning request. No one commented. Commissioner O'Neal expressed his concern on the area being located within the County's most sensitive aquifer recharge zone. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the rezoning request as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 8-A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972," is contained in Zoning Book I, Page 13. PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 1/2 OF AN ACRE, LOCATED AT THE SOUTHWEST CORNER OF STOKLEY DRIVE (SR 1418) AND WRIGHTSVILLE AVENUE FROM AN R-15 RESIDENTIAL DISTRICT TO A B-1 BUSINESS DISTRICT OR 0 & I OFFICE AND INSTITUTIONAL DISTRICT Planning Director Hayes gave background information on the rezoning request stating changes have occurred in the neighborhood with traffic congestion and heavy tourist volumes in the summer placing severe strains on the capacity, use and design of Wrightsville Avenue. He stated rezoning would provide for an area of Transition between existing business use and residential use stating the Planning Staff and Planning Board recommended approval. Chairman Gottovi asked if anyone present wished to speak in favor the rezoning request. The following person commented: Mr. David Barefoot, Attorney representing the petitioners, L. G. and Marlene Hieronymus, appeared before the Commissioners stressing the area would not be suitable for residential use requesting approval of the rezoning request to B-1. Chairman Gottovi asked if anyone present wished to speak in opposi tion to the rezoning request. The following person commented: Dr. Donald Getz, representing the Airlie Road Citizens Committee, requested denial of the request as it did not adhere to the Airlie Road Plan. Commissioner Barfield suggested rezoning the property to 0 & I instead of B-1. '- 565 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED AT SOUTHWEST CORNER OF STOKLEY DRIVE (CONTINUED) I Commissioner O'Neal expressed his concern for not upholding the Airlie Road Plan making a MOTION to deny the rezoning. The MOTION FAILED due to not receiving a SECOND. Commissioner O'Shields commented on the highest and best use of the property. After further discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Blake to rezone the property to 0 & I as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 2 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15, 1969," is contained in Zoning Book I, Page 13. I PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 2.1 ACRES, LOCATED ON THE NORTHSIDE OF WRIGHTSVILLE AVENUE, DIRECTLY EAST OF SUMMER REST ROAD (SR 1417) AND WEST OF WRIGHTSVILLE BEACH BRIDGE FOR A COMMERCIAL MARINA IN A B-1 BUSINESS DISTRICT Planning Director Hayes gave background information on the issuance of the Special Use Permit stating that only 10% of the property is actually buildable. He also stated he had been contacted by the Department of Transportation on Friday, May 4, 1984, stating the driveway location was unacceptable~ therefore, the site plan presented was not correct. Attorney William A. Raney, Jr. commented on making a decision not based on the.corrected site Rlan. Mr. John Mobley, the petitioner, stated he had been contacted by the Department of Transportation informing him that the driveway permit had not been approved stating he had an appointment with the local DOT on Tuesday at 1:00 P.M. After further discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to allow the petitioner to withdraw his application to be submitted at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Gottovi recessed the meeting for a break from 9:45 o'clock P.M. to 9:50 o'clock P.M. I PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 27,000 SQUARE FEET, LOCATED ON THE SOUTHS IDE OF CHAIR ROAD (SR 1332), APPROXIMATELY 1,850 FEET WEST OF EMERSON DRIVE FOR A MOBILE HOME IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the application for issuance of a Special Use Permit for a Mobile Home on the southside of Chair Road. Chairman Gottovi asked any persons 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: Mr. Jeffrey A. Herbst, the applicant Mr. Jim Bordeaux Planning Director Hayes questioned the applicant based on the findings of fact meeting the four general requirements. 566 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT FOR A MOBILE HOME ON CHAIR ROAD (CONTINUED) Chairman Gottovi asked any persons wishing to give testimony in opposition to the issuance of the Special Use Permit to step forward to be duly sworn in. The following person was sworn in: Mr. Robert Kerr Mr. Kerr commented on the request and asked what impact this rezoning would have on his property located in this area. After further discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield 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, May 7, 1984, to consider application Number #SUP 221 5/84 submitted by Jeffrey A. Herbst, a request for a Special Use Permit to use the property located at 79 Chair Road for a 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: 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 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: a. Health Department issued a well and septic tank permit on 10/31/83. b. Fire protection provided to property by Wrightsboro Volunteer Fire Department. c. Special Use Permit will be issued for one mobile home in a 27,000 square foot lot. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. Mobile homes are a permitted special use in R-20 Residential Districts. b. All lot area and setback requirements of the R-20 District are satisfied as shown on the site plan. c. Adequate area is available for the two required parking spaces. " 567 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR A MOBILE HOME ON CHAIR ROAD (CONTINUED) I 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: a. Several mobile homes presently exist within the immediate area along Chair Road. b. Addition of another mobile home in the area should not adversely injure the 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: a. Property is classified as Rural on the County's Land Use Plan. I b. County Policies for Growth and Development encourage that the housing needs of all County residents be met in a manner which provides the maximum range of choice in type and location. 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 a 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 Federal, State and local codes. I Ordered the 7th day of May, 1984. CONTINUATION OF PUBLIC HEARING TO JUNE 4, 1984, TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, DISTRICT REGULATIONS, SECTION 59 (3-4), DIMENSIONAL REQUIREMENTS OF THE AI AIRPORT INDUSTRIAL DISTRICT TO ALLOW LOTS SUBDIVIDED BEFORE JUNE 1, 1981, TO BE LESS THAN THE MINIMUM LOT AREA Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to continue the Public Hearing to consider Zoning Ordinance Text Amendment to Article V, District Regulations, Section 59 (3-4), Dimensional Requirements of AI Airport Industrial District until June 4, 1984. Upon vote, the MOTION CARRIED UNANIMOUSLY. 568 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 30,000 SQ. FT., LOCATED ON THE WESTSIDE OF CAROLINA BEACH ROAD (U. S. HIGHWAY 421) APPROXIMATELY 46 FT. SOUTH OF CATHAY ROAD (SR 1276) FOR A CONVENIENCE FOOD STORE IN AN R-15 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the issuance of the Special Use Permit for location of a Convenience Food Store on the westside of Carolina Beach Road. Due to the late hour and request by Commissioners Blake and Barfield to adjourn the meeting at 10:00 o'clock P.M., Chairman Gottovi asked the applicant to step forward to give testimony stating action would be taken at a later date. The following person was sworn in: Ms. Nancy Williamson, the applicant Planning Director Hayes reference to the findings of requirements for location of a Residential District. questioned the applicant with facts meeting the four general Convenience Food Store in an R-15 Commissioner O'Shields MOVED to approve issuance of the Special Use Permit, but after discussion and a request by Commissioner O'Neal to allow ample time for study of the facts and conditioins to be attached to the permit before taking action, he withdrew his motion. After discussion, Commissioner Blake MOVED, SECONDED by Commissioner O'Shields to continue the Public Hearing to the June 4, 1984, Board Meeting. ADDITIONAL ITEMS APPROVAL OF FIRE WORKS PERMIT FOR LOWE'S OF WILMINGTON Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve a fire works permit as requested by Lowe's of Wilmington for the evening of May 18, 1984, at 9:30 P.M. on the USS North Carolina Battleship. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF RECORDS DESTRUCTION REQUEST FOR THE TAX DEPARTMENT Chairman Gottovi MOVED, SECONDED by Commissioner Barfield to approve the records destruction request by the Tax Department. A list of the records to be destroyed is on file in the Clerk's office. APPROVAL OF LEASE AUTOMOBILE FOR ENGINEERING DIRECTOR Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the lease of an intermediate size automobile for use by the Engineering Director. Upon vote, the MOTION WAS UNANIMOUSLY APPROVED. SCHEDULING OF A SPECIAL MEETING ON FRIDAY, MAY 18, 1984, FOR PRESENTATION OF CAPE FEAR RIVER WATER QUALITY CONTROL STUDY It was the consensus of the Board to schedule a Special Meeting on May 18, 1984, at 4:30 P.M. with the Department of NRCD for presentation of the Cape Fear River Water Quality Control Study. SCHEDULING OF BREAKFAST MEETING WITH THE CHAMBER OF COMMERCE ON MAY 21, 1984 It was the consensus of the Board to schedule a Breakfast Meeting as requested by the Chamber of Commerce on Monday, May 21, 1984, at 7:00 o'clock A.M. in the Fifth Floor Conference Room, County Administration Building. "- 569 MINUTES OF REGULAR MEETING, MAY 7, 1984 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) I REMINDER OF AREA ECONOMIC DEVELOPMENT CONFERENCE SPONSORED BY THE COUNCIL OF GOVERNMENTS Commissioner Blake reminded the Board of the change of date of Area Economic Development Conference to be held on May 11, 1984, 9:00A.M. at the Hilton Inn encouraging all members to attend. ADJOURNMENT Commissioner O'Shields MOVED, SECONDED lliy:CommissioRe~'Blake to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi adjourned the meeting at 10:25 o'clock P.M. rQ~ectf~ Z ~L~F. Smith, Clerk I MINUTES OF SPECIAL MEETING, MAY 18, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Friday, May 18, 1984, at 5:00 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.~ Chairman Karen E. Gottovi, County Manager, G. Felix Cooper; County Attorney, Robert W. Pope~ and Clerk to the Board, Lucie F. Smith. Chairman Gottovi called the meeting to order stating the meeting had been called for discussion and explanation of the Water Quality Study of the Lower Cape Fear River. She welcomed Mr. James A. Summers, Secretary of Natural Resources and Community Development; Mr. Robert F. Helms, Director, of the Division of Environmental Management, and Mr. Chuck Wakild of the Division of Environmental Management. I DISCUSSION OF WATER QUALITY REPORT OF LOWER CAPE FEAR RIVER Mr. James Summers gave background information on the report explaining the problem that exists wi th Federal Paper Company assuring the Commissioners that once Federal Paper complies with current regulations, the river's capacity to handle waste will improve. He assured the Board that the waste overload did not mean New Hanover County would not be able to attract industry stating that Takeda Chemical Industries would have no problem locating its facility on the river. Commissioner O'Neal commented on the length of time involved before the Commissioners were informed about the problem emphasizing the importance of communication between the County and NRCD. Commissioner Barfield expressed his concern for allowing the problem to become so severe before making any changes.