1984-08-06 Regular Meeting
623
MINUTES OF REGULAR MEETING, AUGUST 6, 1984
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ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, August 6, 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 Daniel B. O'Leary, Pastor of All Saints Episcopal
Church, gave the invocation.
APPROVAL OF MINUTES OF REGULAR MEETING, JULY 2, 1984, AND REGULAR
MEETING OF JULY 16, 1984
Commissioner Blake MOVED, SECONDED by Commissioner Barfield
to approve the minutes of the Regular Meeting of July 2, 1984, as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Gottovi requested to be excused from voting on
approval of the minutes of the Regular Meeting of July 16, 1984,
since she was absent. Commissioner Barfield MOVED, SECONDED by
Commissioner Blake to approve the minutes of the Regular Meeting
of July 6, 1984, as presented. Upon vote, the MOTION CARRIED AS
FOLLOWS:
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Voting Aye: Commissioner Barfield
Commissioner Blake
Commissioner O'Neal
Commissioner O'Shields
Abstaining: Chairman Gottovi
NON-AGENDA ITEMS
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.
Mr. Fred Retchin appeared before the Commissioners
representing the Greater Wilmington Chamber of Commerce
requesting revitalization of a Community Planning Calendar.
He stated arrangements have been to proceed stressing the
importance of feedback from the community and organizations in
order to keep a proper record. After discussion, it was the
consensus of the Board 'to endorse and work with the Chamber on
restablishing this project.
Mr. Jim Sandy appeared before the Commissioners requesting
a joint meeting between the New Hanover County Planning Board and
Board of County Commissioners to discuss a Planned Unit
Development Zoning District and Conservation Zoning District.
It was the consensus of the Board to discuss these topics at the
end of the meeting.
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APPROVAL OF CONSENT AGENDA
Chairman Gottovi requested Item No.2, Submission of Grant
Applications for Shorefront Access Grant, be removed from the
Consent Agenda since this item was advertised as a Public
Hearing. County Manager Cooper requested Item No. 6 to be
approved authorizing the Finance Officer to award the bid after
further study instead of awarding the bid at this meeting.
Commissioner O'Neal MOVED,
0' Shields to remove Item No. 2
requested by the County Manager.
UNANIMOUSLY.
SECONDED by Commissioner
and approve Item No. 6 as
Upon vote, the MOTION CARRIED
624
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
Commissioner Blake MOVED, SECONDED by Commissioner Barfield
to approve the remainder of the Consent Agenda as follows: Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Consent Agenda
Proclamation - Crime Prevention Awareness Week
The Commissioners proclaimed the week of September 5-12,
1984, as Crime Prevention Awareness Week authorizing the Chairman
to execute the Proclamation.
A copy of the Proclamation is contained in Exhibit Book XI,
Page 45.
Acceptance of Museum Services Operating Support Grant from the
Institute of Museum Services
The Commissioners accepted the Museum Services Operating
Support Grant from the Institute of Museum Services in the amount
of $31,673 with approval of the following Budget Amendment:
Debit - 11 3614 212 Institute of Mus. Grant $31,673
Credit- 11 6140 100, Salaries & Wages $28,358
- 11 6140 210, FICA 1,985
- 11 6140 510, Auto 200
- 11 6140 520, Travel, Meetings & Schools 1,130
Approval of FY 1984/85 Contract Between New Hanover County and
Wilmington Transit Authority (WTA)
The Commissioners authorized the Chairman to execute the
contract between the County and Wilmington Transit Authority for
handicapped transportation for County residents over the age of
60 in the amount of $3,000 included in the FY 84/85 Department of
Aging Budget.
A copy of the contract is on file in the County Manager's
office.
Authorization to Dismiss Lawsuit with Ao J. Simmons -
Inspections Department
The Commissioners authorized the County Attorney to dismiss
pending civil action on A. J. Simmons' property on Rogers Avenue
since the owner has complied with the Zoning Ordinance.
Authorization for Finance DLr.ector to Award
Packaging Corporation - Print Shop
Bid to Crown
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The Commissioners authorized the Finance Director to award
the bid in the amount of $10,343.56 to Crown Packaging
Corporation for various Print Shop supplies after further study
and review.
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Copies of the bid tabulation, resolution, and agreements are
contained in Exhibit Book XI, Page 45.
Approval of
Airport
Parking Improvements Proposal - New Hanover County
The Commissioners approved the proposal from Republic
Parking Systems for expansion of the public parking lot and the
south employees parking lot at the New Hanover County Airport.
Republic Parking Systems has offered to make the improvements to
the parking areas through financing the costs with the Airport
reimbursing the company by allowing them to deduct 1/12th of the
costs from the rentals due the Airport for a one-year period.
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625
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
Approval of Parking Improvements Proposal - New Hanover County
Airport (Continued)
A copy of the proposal is on file in the County Manager's
office.
Authorization to Dispose of P-47 Wreckage - New Hanover County
Airport
The Commissioners authorized the Airport Manager to dispose
of the P-47 Wreckage on Runway Approach #34 as requested.
Approval of Revised COG Aging Contract
The Commissioners authorized the Chairman to execute an
amended contract with Cape Fear Council of Governments.
A copy of the amended contract is on file in the County
Manager's office.
Approval of Amendment to Community Based Alternatives Expansion
funds for FY 84/85
The Commissioners approved an amended funding recommendation
for CBA Expansion Funds for FY 84/85 since $23,038 was received
instead of the anticipated $31,409.
A copy of the funding amendment is on file in the County
Manager's office.
Adoption of Resolution Authorizing the Register of Deeds Office
to Move To Permanent Location
The Commissioners adopted a resolution authorizing the
Register of Deeds Office to move from their temporary location at
414 Chestnut Street to their permanent location in the New
Hanover County Courthouse with permission to close two days
during the month of August' once a definite moving schedule
is established.
A copy of the resolution is contained in Exhibit Book XI,
Page 46.
Approval of Request for Disposition of Deaccessioned Material -
New Hanover County Museum
The Commissioners are requested to approve disposal of
items with no monetary value at the New Hanover County
Museum according to the Collection Policy.
A list of items and recommendations for their disposal is on
file in the Clerk's office.
Approval of Request for Destruction of Records - Governing Body
Office
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The Commissioners approved the request for destruction of
old files dated 1965, 1969, 1970, 1971, 1976, consisting of
memorandums and departmental records in the Governing Body
office.
A copy of the request is on file in the Clerk's office.
626
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
Approval of Request for Destruction of Records - Register of
Deeds Office
The Commissioners approved a request for destruction of
records in the Register of Deeds office as outlined in an
i temi zed list.
A copy of the request is on file in the Clerk's office.
Annual Certification of Firemen - N. C. Firemen's Pension
Fund
The Commissioners approved the Annual Certification of
Firemen Roster for the N. C. Firemen's Pension Fund for the
Seagate Volunteer Fire Department, South Wilmington Volunteer
Fire Department and Winter Park Volunteer Fire Department.
Copies of the Certification Rosters are contained in Exhibit
Book XI, Page 47.
Approval of Budget Amendment - Additional Funds Received for
Crippled Children's Neurology Program - Health Department
The Commissioners approved the following Budget Amendment in
the amount of $5,000 for additional funds received from the
Crippled Children's Neurology program:
Debit -11 3517 373, Revenue $5,000
Credit -11 5172 100, Salaries & Wages $2,528
-11 5172 210, FICA 178
-11 5172 221, Retirement 211
-11 5172 230, Group Insurance 225
-11 5172 326, Professional Services 1,671
-11 5172 381, Telephone 72
-11 5172 382, Postage 10
-11 5172 411, Printing 25
-11 5172 421, Departmental Supplies 80
Budget Amendment Approved by County Manager
The following Budget Amendment was approved by the County
Manager and is being reported for entry into the record:
Finance - Temporary Clerk II Position
Debit -11 9800 911, Contingencies
Credit -11 4131 100, Salaries & Wages
$2,000
$2,000
Approval of Amendment to Contracts - Health Education - Risk
Reduction Project Homemaker - Home Health Services - Health
Department
The Commissioners authorized the Chairman to execute
amended contracts as recommended by the Legal Department and an
amendment to the audit section as requested by Finance Director,
Andy Atkinson.
Copies of amended contracts are on file in the County
Manager's office.
Approval of Budget Amendment - Rebudget for Outstanding Purchase
Orders - Various Departments
The Commissioners approved the following Budget Amendments
to rebudget for purchase orders still outstanding 6/30/84, to be
paid in Fiscal Year 1984/85.
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MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
Various Departments
Debit
Credit
-11
-11
-11
-11
-11
-11
-11
-11
-11
-11
-11
-11
-11
-11
-11
-11
-11
-11
-11
-11
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Airport
Debit
Credit
-60
-60
-60
-60
-60
-60
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3990
412,3
4133
4141
4195
4197
4197
4197
4197
5114
5310
5310
5310
6110
6110
6140
6140
5310
4197
4141
3990
4535
4545
4545
4560
4530
990,
640,
640,
410,
452,
326,
371,
422,
640,
640,
326,
375,
640,
370,
423,
370,
391,
423,
327,
552,
990,
640,
640,
391,
440,
326,
Appropriated Fund Balance
Internal Audit, Cap.Outlay
Print Shop, Capital Outlay
Tax, Printing
Garage, Purchasing
Engineering, Profess. Ser.
Engineering, Contracted Ser.
Engineering, Auto
Engineering, Capital Outlay
Animal Control, Capt. Outlay
DSS-Admin. Prof. Service
DSS-Admin. Microfilming
DSS-Admin. Capital Outlay
Library, Contracted Servo
Library, Books & Mat'ls.
Museum, Contracted Servo
Museum, M&R Buildings
DSS-Admin. Supplies
Engineering, Prof. Servo
Tax - Tax Foreclosure
Appropriated Fund Balance
Airfield - Capital Outlay
Landside - Capital Outlay
Landside - B & G
Safety & Security - Uniforms
Admin. Professional Servo
Landfill Solid Waste Disposal Fund
Debit -70 3990 990,AppropriatedFund Balance
Credit -70 4710 660, Construction Expense
Steam Plant
Debit -71 3990 990, Appropriated Fund Balance $
Credit -71 4720 640, Steam Plant - Cap. Outlay $
627
$115,641
$ 280
1,706
7,909
2,715
5,096
1,450
299
6,355
2,786
7,470
28,466
3,957
1,000
4,199
6,453
4,100
14,900
15,000
1,500
$34,619
$21,203
7,067
953
1,396
4,000
$128,127
$128,127
2,172
2,172
PUBLIC HEARING FOR SUBMISSION OF GRANT APPLICATIONS TO THE OFFICE
OF COASTAL MANAGEMENT FOR IMPROVEMENT OF SHOREFRONT ACCESS
Grants Coordinator, Alfred Dixon, gave background
information on the submission of grants for funding to provide
improvements such as crosswalks, parking lots, trash receptacles,
bicycle racks, and foot showers at the following shorefront
access areas at Wilmington Beach:
( 1) Ocean Blvd.
a. State $9,983
I b. Local/Cash $2,300
c. Local/Inkind $2,617
d. Total program cost $14,900
( 2 ) Alabama Avenue
a. State $8,600
b. Local/Cash $1,800
c. Local/Inkind $2,600
d. Total program cost $13,000
( 3 ) Tennessee Avenue
a. State $8,500
b. Local/Cash $1,800
c. Local/Inkind $2,820
d. Total program cost $13,200
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628
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
PUBLIC HEARING FOR SUBMISSION OF GRANT APPLICATIONS TO THE OFFICE
OF COASTAL MANAGEMENT FOR IMPROVEMENT OF SHOREFRONT ACCESS
(CONTINUED)
Chairman Gottovi opened the Public Hearing asking if anyone
present wished to comment. No one commented.
After discussion, Commissioner O'Shields MOVED, SECONDED by
Commissioner Barfield to approve submission of the grant
applications. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER THE ADOPTION OF A BOND ORDER
AUTHORIZING THE ISSUANCE OF $1,500,000 PUBLIC BUILDING BONDS OF
THE COUNTY OF NEW HANOVER GIVING ALL INTERESTED CITIZENS AN
OPPORTUNITY TO COMMENT
County Manager Cooper gave background information on the
Bond Order stating $200,000 would be used to refurbish the
Bradley Creek School site for the Agriculture Extension Building
and $1,300,000 would be used to restore the 1890 Courthouse to
provide additional county or public space.
The Clerk reported the bond order entitled, "Bond Order
Authorizing the Issuance of $1,500,000 Public Building Bonds of
the County of New Hanover" had been introduced on July 16, 1984,
and published on July 18, 1984, with notice the Board of
Commissioners would hold a Public Hearing on August 6, 1984, at
7:00 o'clock P.M. The Clerk also reported that the County
Finance Officer had filed a statement of debt complying with
provisions of The Local Government Bond Act, and such statement
as filed showed the net indebtedness of the County to be 1.19% of
the appraised valuation of property in said County subject to
taxation.
Commissioner O'Shields MOVED that the Board of Commissioners
proceed to hold a Public Hearing on the Public Building Bond
Order. The MOTION was seconded by Commissioner Barfield and was
unanimously adopted.
At 7:24 o'clock P.M., the Chairman of the Board of
Commissioners announced the Board of Commissioners would hear
anyone who wished to be heard on the questions of the validity of
the Public Building Bond Order and the advisability of issuing
the Public Building Bonds. At the direction of the Chairman, the
Clerk to the Board of Commissioners read the Bond Order and the
published Notice of Hearing.
The following persons commented in support of the Bond Order
for refurbishing the Bradley Creek School site for the
Agriculture Extension Agency.
Ms. Shirley Hardee, member of New Hanover County
Extension Advisory Council
Mr. Tom Nunalee
Mr. Bob Kulinski Chairman of New Hanover County
4-H Program
Mr. Bill Bryant, former member of New Hanover
County Extension Advisory Council
Mr. Ernie Wyche, Editor of Garden Hot Line
After the Board of Commissioners had heard all persons who
requested to be heard in connection with the foregoing questions,
Commissioner O'Shields MOVED that the Public Hearing be closed.
The MOTION was seconded by Commissioner Barfield and was
UNANIMOUSLY ADOPTED.
Commissioner O'Shields MOVED that the Board of Commissioners
adopt without change or amendment and direct the Clerk to the
Board to publish as prescribed by The Local Government Bond Act
in the Bond Order, entitled, "Bond Order Authorizing the Issuance
of $1,500,000 Public Building Bonds of the County of New
Hanover", introduced at the meeting of the Board of Commissioners
held on July 16, 1984. The motion was seconded by Commissioner
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629
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
PUBLIC HEARING TO CONSIDER THE ADOPTION OF A BOND ORDER (CONTINUED)
Barfield and was UNANIMOUSLY ADOPTED.
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County Manager Cooper stated his staff was presently waiting
for the final specifications from the architect for the
Agricultural Extension Building, and upon receipt bids would be
let with the money being received on September 25, 1984.
BREAK
Chairman Gottovi recessed the meeting for a break from 7:40
o'clock P.M. to 7:55 o'clock P.M.
MEETING RECESSED FOR A SPECIAL MEETING OF THE NEW HANOVER COUNTY
WATER & SEWER DISTRICT
Chairman Gottovi recessed the meeting for a Special Meeting
of the New Hanover County Water & Sewer District at 7:56 o'clock
P.M.
Chairman Gottovi reconvened to regular session at 8:00
o'clock P.M.
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DISCUSSION OF DOW ROAD BIKE ROUTE
Mr. Scott Shuford, Planner from Carolina Beach, stated the
Department of Transportation has recently scheduled maintenance
widening of Dow Road between Carolina and Kure Beaches beginning
Labor Day. He stated to increase bicycle safety on Dow Road, an
additional road widening project had been proposed to the DOT
District Engineer, Ted Funderburk, for inclusion of a bikeway 3
to 3 1/2 feet on both shoulders, requesting local monies and
support from Carolina Beach, Kure Beach, and New Hanover County.
Mr. Shuford also gave background information on a Public
Hearing for issuance of a Special Use Permit by a developer
requesting a residential planned development on property adjacent
to land owned by New Hanover County at Wilmington Beach stating a
requirement by the Town Planning and Zoning Commission would be
the installation of a public beach access facility on the New
Hanover County property subject to County approval.
Commissioner Barfield requested consideration of the Board
for the County to participate in funding for the bike route
stating this would be a worthwhile pilot project for the County.
He stated the amount of funding involved for the County would be
$10,000 to $15,000 with funding from Carolina Beach and Kure
Beach.
After discussion, it was the consensus of the Board to have
Mr. Shuford prepare the necessary data with reference to the
proposed bike route, the proposal by the developer, and funding
commitments from the Towns of Carolina Beach and Kure Beach to be
discussed at another meeting before any commitments could be made
by the County.
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PUBLIC HEARING
Notice had been given that a Public Hearing would be held by
the Board of County Commissioners of New Hanover County on
Monday, August 6, 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 TO CONSIDER MODIFICATIONS TO SPECIAL USE PERMITS
1191 AND 1206 CONCERNING CONDITIONS ATTACHED TO OPERATION OF A
SPORTS RECREATIONAL FACILITY LOCATED ON CAROLINA BEACH ROAD NORTH
OF MYRTLE GROVE JUNCTION
Planning Director Hayes gave background information on the
modifications to Special Use Permits #191 and #206 pertaining to
scheduling of games on the ballfields.
630
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
PUBLIC HEARING TO CONSIDER MODIFICATIONS TO SPECIAL USE PERMITS
H191 AND #206 - BALLFIELDS ON CAROLINA BEACH ROAD (CONTINUED)
Chairman Gottovi asked if anyone present wished to speak in
favor of the modifications of the Special Use Permits. The
following persons commented:
Mr. Bobby Benson, the petitioner, gave an explanation of the
scheduling of games for special weekends and tournaments
requesting approval of the modifications in order to complete
games avoiding inconvenience to persons from out-of-town.
Mr. Harold Seagle, Attorney for Mr. Benson, gave an
explanation of the request stating scheduling should be
consistent on all four ballfields permitting games to begin up
to 11:00 o'clock P.M. He stated the request asked permission
to start games before 12:30 p.m. on the special weekends to
accommodate out-of-town teams.
Chairman Gottovi asked if anyone present wished to speak in
opposition to the request. The following persons commented on
the noise and interference of lights.
Ms. Carolyn Massey
Mr. H. D. Clifton
Reverend Glennon C. Balser
Commissioner Barfield expressed his concern for permitting
ballgames to continue after 12:00 midnight.
Commissioner 0' Shields commented on the inconvenience and
costs to out-of-town teams not being able to complete and play
games in tournaments due to scheduling
Commissioner O'Shields MOVED, SECONDED by Commissioner Blake
to approve the modifications to the Special Use Permits stating
no game is to be scheduled to begin after 11:00 P.M. After
further discussion, Commissioner Barfield MOVED, SECONDED by
Commissioner O'Neal to rescind the previous motion made by
Commissioner O'Shields for further clarification. Upon vote, the
motion to rescind the previous motion carried as follows:
Voting Aye: Commissioner Barfield
Commissioner Blake
Commissioner O'Neal
Chairman Gottovi
Voting Noe: Commissioner O'Shields
After a lengthy discussion, Chairman Gottovi MOVED, SECONDED
by Commissioner O'Shields to modify Special Use Permit #206 to
read as follows:
Par. 6. c) Other:
1. No recreational activities to begin after
11:00 PaM.
2. No games to start before 12:30 P.M. on
Sunday except that games may begin after
9:00 A.M. on Labor Day weekend, Memorial
Day weekend, Azalea Festival weekend and
one (1) weekend in August to accommodate
a Statewide Tournamenta County Inspections
Office shall be notified of the scheduled
weekend in August.
3-9 No Change.
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631
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
PUBLIC HEARING TO CONSIDER MODIFICATIONS OF SPECIAL USE PERMITS
1191 AND 1205 - BALLFIELDS ON CAROLINA BEACH ROAD (CONTINUED)
10. Recreational activities may begin up to but
not after 12:00 midnight on the holiday and
tournament weekends described above.
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Upon vote, the MOTION CARRIED UNANIMOUSLY.
After further discussion, Commissioner O'Shields MOVED,
SECONDED by Commissioner Blake to modify Special Use Permit #191
to read as follows:
Par. 6. c) Other:
1. No recreational activities to begin after
ll:OO P.M.
2-4.No Change
5. Recreational activities may begin up to
but not after 12:00 midnight on Labor Day
weekend, Memorial Day weekend, Azalea Festival
weekend and One (1) weekend in August to
accommodate a Statewide Tournament. County
Inspections Office shall be notified of the
scheduled weekend in August.
Upon vote, the MOTION CARRIED AS FOLOWS:
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Voting Aye: Commissioner Blake
Commissioner O'Neal
Commissioner O'Shields
Chairman Gottovi
Voting Noe: Commissioner Barfield
BREAK
Chairman Gottovi recessed the meeting for a break from 9:05
o'clock P.M. to 9:20 o'clock P.M.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR
PROPERTY LOCATED ON THE WESTSIDE OF CAROLINA BEACH ROAD,
APPROXIMATELY 275 FEET SOUTH OF ECHO FARMS SUBDIVISION FOR A
PRIVATE CLUB OR LODGE REQUESTED BY THE LOYAL ORDER OF MOOSE LODGE
1343.
Planning Director Hayes gave
issuance of the Special Use Permit
involved for the construction of
of Moose Lodge #343.
background information on the
showing slides of the property
a building for the Loyal Order
Chairman Gottovi asked any persons wishing to give testimony
on the request to step forward to be sworn in. The following
persons were sworn in:
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Mr. Melvin Ellington
Mr. David Troutman
Chairman Gottovi asked if anyone present wished to speak in
favor of the issuance of the Special Use Permit. The following
persons commented:
Mr. Melvin Ellington
Mr. David Troutman
Chairman Gottovi asked if anyone present wished to speak in
opposition to the issuance of the Special Use ~ermit. No one
commented.
632
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT FOR
PRIVATE CLUB OR LODGE ON CAROLINA BEACH ROAD (CONTINUED)
After discussion, Commissioner Barfield MOVED, SECONDED by
Commissioner O'Shields to approve the issuance of the Special Use
Permit based on the conclusions of the FINDINGS OF FACT meeting
the four general requirements. Upon vote, the MOTION CARRIED
UNANIMOUSLY approving
AN ORDER GRANTING A SPECIAL USE PERMIT
The County Commissioners of New Hanover County having held a
Public Hearing on August 6, 1984, to consider application number
S-224 8/84 submitted by the Loyal Order of the Moose Lodge #343,
a request for a Special Use Permit to use the property located at
4610 Carolina Beach Road 275 feet South of Echo Farms for a
private club or lodge, 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 72-12 of the County
Zoning Ordinance will be satisfied if the property is developed
in accordance with the plans submitted to the County
Commissioners.
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. The County Health Department has inspected and approved
the site for the location of a septic tank and well.
b. The area is located within and has fire service from
Myrtle Grove Volunteer Fire 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:
a. The location of the lodge as shown on the site plan
has a minimum side rear, and front yard of 50 feet
and a height of less than 35 feet as required by
the Zoning Ordinance.
b. The site is less than two acres in size as required.
c. Adequate parking is shown as required by 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:
a. The property adjoins the New Hanover Rescue Squad
on the north and vacant property to the west and
south.
b. A required buffer strip will be located along the
rear and side property lines.
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633
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT FOR
PRIVATE CLUB OR LODGE ON CAROLINA BEACH ROAD (CONTINUED)
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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. The property is classified as Transition on the
County's Land Use Plan and the location of the
lodge is reflective of the rural to suburban
changes found within this classification.
b. An existing ballfield will remain on the property.
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.
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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:
1. Subject to Department of Transportation
approval of driveway permits.
2. That internal drives and parking spaces
be adequately marked.
3. That any outdoor lighting be located so
as not to shine or reflect directly onto
adjacent residential properties.
4. That the permit comply with all Federal,
State, and local regulations.
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5. That a vegetative buffer strip meeting
minimum acceptable standards set forth
in Section 67 of Zoning Ordinance shall
be preserved and/or planted along rear
and side property lines.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 1.4
ACRES LOCATED APPROXIMATELY 500 FEET SOUTHEAST OF MARKET STREET
(US 17) DIRECTLY ACROSS FROM ALEXANDER ROAD NORTH (SR 1345) FROM
A B-2 HIGHWAY BUSINESS DISTRICT TO AN R-15 RESIDENTIAL DISTRICT
Planning Director Hayes gave background information on the
request stating the rezoning would make the existing residential
use of this property a conforming use, as well as keeping the
residential character of the overall area explaining that County
Policies for Growth and Development discourage haphazard
placement of commercial districts along major highways. Planning
Director Hayes stated the Planning Board and Planning Staff
recommended approval of the request.
634
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
PUBLIC HEARING TO CONSIDER REZONING PROPERTY SOUTHEAST OF MARKET
STREET DIRECTLY ACROSS FROM ALEXANDER ROAD TO AN R-15 (CONTINUED)
Chairman Gottovi asked if anyone present wished to speak in
favor of the rezoning request. The following person commented:
Mr. Herbert Zimmer, Attorney for Mr. Larry
Matthews, the petitioner
Chairman Gottovi asked if anyone present wished to speak in
opposition to the rezoning request. No one commented.
After discussion, Commissioner O'Shields MOVED, SECONDED by
Commissioner Blake 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 NO. 5 OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971" is contained in
Zoning Book I, Page 15.
PUBLIC HEARING TO CONSIDER AN APPEAL FOR ZONING ORDINANCE TEXT
AMENDMENT TO ARTICLE II, SECTION 23-62 AND ARTICLE V, SECTION 50-
2 TO REVISE THE DEFINITION OF COMMUNITY BOATING FACILITY TO
INCLUDE NON-RESIDENTIAL USE AND TO ALLOW COMMUNITY BOATING
FACILITIES BY RIGHT IN THE B-1 BUSINESS DISTRICT
Planning Director Hayes gave background information on the
Text Amendment to Section 23-62 stating the proposed amendment
would erode and modify the distinction between commercial and
non-commercial facilities by allowing an office or business use
to develop a Community Boating Facility. He stated adequate
means are available within the commercial marina definition as it
now reads to establish a private boating facility stating the
Planning Board and Planning Staff recommended denial of this
request.
Planning Director Hayes gave background information on the
Text Amendment to Article V, Section 50-2, stating a community
boating facility in a B-1 District is an appropriate expansion of
this residential related land use. He stated the Planning Board
and Planning Staff recommended approval.
Chairman Gottovi asked if anyone present wished to speak in
favor of the Text Amendments. No one commented.
Chairman Gottovi asked if anyone present wished to speak in
opposition to the Text Amendments. The following person
commented:
Mr. Bill Raney, Attorney for property
owners on Summer Rest Road
After discussion, Commissioner O'Neal MOVED, SECONDED by
Commissioner Barfield to deny amending Section 23-62 and approve
amending Article V, Section 50-2 as recommended by the Planning
Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
DISCUSSION OF PLANNED UNIT DEVELOPMENT
Planning Director Hayes gave background information on
Planned Unit Development regulations in New Hanover County
stating the Planning Staff and Planning Board had drafted a
proposed PUD Ordinance.
After discussion, it was the consensus of the Board to
discuss Planned Unit Development at the regularly scheduled
meeting of August 20, 1984.
After further discussion, it was the consensus of the Board
to schedule a Work Session with the Planning Board on August 23,
1984, at 7:00 o'clock P.M. to discuss a Conservation Zoning
District.
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635
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
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DISCUSSION OF ENCROACHMENT CONTRACT - DEPARTMENT OF
TRANSPORTATION - ENGINEERING DEPARTMENT
Engineering Director Hilton gave background information on
an Encroachment Contract with DOT for future access for dredge
spoil deposit on Eagle Island expressing concern for the County
accepting certain responsibi Ii ties when entering into such
agreements stressing the importance of the Engineering Department
handling these agreements and not the consultants.
After discussion, Commissioner O'Shields MOVED, SECONDED by
Commissioner Barfield to authorize the Chairman to execute the
Encroachment Agreement. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
DISCUSSION OF $390,000 SANITARY SEWER BOND ANTICIPATION NOTES -
SEPTAGE TREATMENT FACILITY
Engineering Director Hilton gave background information on
the Sept age Treatment Plant stating the project had been delayed
due to low use of the northside plant by septage haulers. He
stated the City had indicated a willingness to accept the small
quanti ties of septage with the County continuing to charge the
fees as outlined under the current policy. He recommended
delaying construction of the facility and proceeding with the
current agreement for the city to accept septage with the county
providing drying beds for the northside plant to offset space
requirements as needed.
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After discussion, Commissioner O'Shields MOVED, SECONDED by
Commissioner O'Neal to delay construction of the Septage
Treatment Facility and reduce the Bond Anticipation Notes to
$150,000 for the costs of drying beds, engineering fees, and
contingencies on construction. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
DISCUSSION OF GOVERNMENTAL CONSOLIDATION COMMISSION
Chairman Gottovi requested each Commissioner to study the
applications that had been received for appointments to the
Governmental Consolidation Commission stressing the importance of
selecting members who are - qualified and represent all areas of
the County.
After discussion, it was the consensus of the Board to
readvertise the vacancies and make appointments at the regularly
scheduled meeting of August 20, 1984.
APPOINTMENT OF VOTING DELEGATE TO 77TH ANNUAL CONFERENCE OF THE
NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS
Commissioner O'Shields MOVED, SECONDED by Commissioner
O'Neal to appoint Commissioner Donald Blake to serve as the
Voting Delegate at the 77th Annual Conference of the North
Carolina Association of County Commissioners in Asheville, North
Carolina, from August 9-11, 1984.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
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DISCUSSION OF EIGHT-MEMBER AIRPORT COMMISSION
Commissioner O'Neal reported that a tie vote had occurred on
the eight-member Airport Commission in selection of a new
chairman expressing concern for this becoming a problem with
future issues.
DISCUSSION OF NAME CHANGE OF TILESTON SCHOOL TO BRADLEY CREEK
SCHOOL
Commissioner Blake asked if anyone had been informed that
the name of Tileston School had been changed to Bradley Creek
School stating he would like to be aware of name changes that
occur.
636
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
DISCUSSION OF BLUE CROSS BLUE SHIELD INSURANCE COVERAGE
Commissioner Barfield expressed his concern for the cost of
medical insurance coverage to County employees stating he had
received numerous complaints and felt a study should be made to
ascertain if the best coverage had been obtained for the premiums
paid. He expressed his concern for the economic impact to County
employees with the increase in monthly premiums and increase in
the amount of the deductible.
County Manager Cooper explained the process of negotiating
with Blue Cross Blue Shield stating he felt the best coverage
possible had been obtained.
After discussion, it was the consensus of the Board to have
the County Manager to make a study of the current coverage and
report back to the Board.
REQUEST FOR PARTICIPATION OF COUNTY IN A JOINT CITY/COUNTY
MILITARY AFFAIRS COMMITTEE
Chairman Gottovi reported she had received a letter from
Mayor Bill Schwartz stating the City had appointed a Military
Affairs Committee and would like County representation on the
joint committee. Chairman Gottovi stated the purpose of the
Committee would be to communicate and show appreciation to the
mili tary bases located in Southeastern North Carolina working
jointly on receptions for arrival of the NORTHWIND, H.M.S.
BRISTOL and other activities.
After discussion, it was the consensus of the Board to
appoint Commissioner Blake to serve as a representative of County
on this committee.
DISCUSSION OF SPLIT SESSIONS AT THE COURTHOUSE
Chairman Gottovi reported she had received a letter from
Judge Gilbert Burnett stating that split-sessions in Criminal
District Court have not worked out as well as thought. He stated
his plans were to go back to the method of everyone coming in at
9:30 a.m. stating he would be glad to attend a meeting to explain
the reasons for this change.
After discussion, it was the consensus of the Board to
request Judge Burnett and Louise Rehder, Clerk of Court, to
appear at a regularly scheduled meeting in September to discuss
the matter.
DISCUSSION OF EVALUATIONS OF COUNTY MANAGER AND COUNTY ATTORNEY
Chairman Gottovi stated the Commissioners were responsible
for the evaluations of the County Manager and County Attorney for
salary adjustments for the fiscal year and that forms had been
mailed for completion. She requested direction of the Board as
to how to proceed with the evaluations.
After discussion, it was the consensus of the Board to call
an Executive Session at the regularly scheduled meeting of August
20, 1984, to discuss the evaluations with a statement being made
to the news media by the Chairman once a decision has been made
with a copy of the statement being placed in each personnel
file.
ADDITIONAL ITEMS - COUNTY MANAGER
ADOPTION OF RESOLUTION FOR SALE OF SURPLUS REAL PROPERTY OWNED
WHOLLY OR JOINTLY BY NEW HANOVER COUNTY AND THE CITY OF WILMINGTON
Commissioner Blake MOVED, SECONDED by Commissioner O'Shields
to adopt a resolution accepting an offer to purchase submitted by
Audrey B. Shaw and Walter L. Clark for improvement of property
located in the 200 Block of Gores Row. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the Resolution is contained in Exhibit Book XI,
Page 48.
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637
MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED)
I
PRELIMINARY PROPOSAL FOR LEASE OF EQUIPMENT FROM FIRST UNION
NATIONAL BANK
County Manager Cooper gave background information on the
lease purchases for equipment approved in the budget requesting
authorization for the County Manager to sign the preliminary
proposals and authorization for the Finance Director to sign the
Master Lease Agreement after approval by the Legal Department.
Commissioner Blake MOVED, SECONDED by Commissioner O'Shields
to authorize the County Manager to execute the preliminary
proposals and to authorize the Finance Director to execute the
Master Lease Agreement after approval by. the Legal Department.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
DISCUSSION OF WRIGHT CHEMICAL COMPANY FOR DISPOSAL OF WASTE
County Manager Cooper stated Wright Chemical Company of
Leland had requested use of the incinerator for disposal of waste
which is acceptable; however, the question is whether the County
wants to accept wastes from an agency outside of the County and
if so, should a surcharge be imposed on the waste. County
Manager Cooper recommended a 50% surcharge with the understanding
that the waste can or cannot be accepted depending on bulk, the
analysis of the waste, and the option to cease to accept the
waste at anytime when exceeding the limits of the County's
abili ty to burn.
After discussion, it was the consensus of the Board to
accept wastes from Wright Chemical Company with a 50% surcharge
and approve future requests from agencies outside of County on a
case by case basis.
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DISCUSSION OF FIRE INSPECTIONS COMMITTEE
County Manager Cooper stated he had attended a Fire
Inspections Committee at Federal Point and that the Committee had
unanimously consented to permit Castle Hayne to request the
County to fund equipment for receiving signals in the amount of
$6,500.
After discussion, Chairman Gottbvi MOVED, SECONDED by
Commissioner O'Shields to authorize the County Manager to work
with the Fire Inspections Committee to fund the Castle Hayne
Volunteer Fire Department in an amount not to exceed $7,000 for
the purchase of equipment to be transferred from contingencies.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
UPDATE ON ASSISTANT COUNTY MANAGER'S POSITION
County Manager Cooper stated he had received 52 applications
for the Assistant County Manager position and had scheduled six
interviews. He stated he would make his decision during the week
of August 27, 1984.
ADJOURNMENT
Commissioner O'Shields MOVED, SECONDED by Commissioner
O'Neal; to adjourn the meeting. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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Chairman Gottovi adjourned the meeting at 11:30 o'clock P.M.
Respectfully submitted,
~t/~
Lucie F. Smith
Clerk