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HomeMy WebLinkAbout1984-08-06 Regular Meeting 623 MINUTES OF REGULAR MEETING, AUGUST 6, 1984 I 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: I 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. I 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 ""'-1 \, " 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. r 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. '- I J ..-,./ / I I 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 \ 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. '- 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 I Airport Debit Credit -60 -60 -60 -60 -60 -60 I 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 .... 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 I'-. 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. I 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. I 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. I 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. t'--.. 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. I 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: I 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: I 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. '--- 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) I 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. I 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. I 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. i'-... 635 MINUTES OF REGULAR MEETING, AUGUST 6, 1984 (CONTINUED) I 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. I 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 I 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. I'-. 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. I 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. I Chairman Gottovi adjourned the meeting at 11:30 o'clock P.M. Respectfully submitted, ~t/~ Lucie F. Smith Clerk