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1984-11-12 Regular Meeting 706 MINUTES OF REGULAR MEETING" NOVEMBER, ..l.2, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, November 12, 1984, at 7:00 o'clock P.M. in the Assembly Room., County, Administration' Building, 320 Chestnut Street, 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. Commissioner O'Shields gave the invocation. APPROVAL OF MINUTES Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve the minutes of the Regular Meeting of October 1, 1984, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the minutes of October 15, 1984, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 ~egular Agenda. The following person commented: Mr. Bernie Bentley, of 5310 Clear Run Drive, commented on College Acres Apartments that are to be built within the city limits presenting a summary reflecting the detrimental effect to the qaulity of life in College Acres Subdivision with the increased traffic hazarads created by construction of this complex. He stated the plan was approved by the City's Subdi vision Review Committee and that his group requested an appeal and appeared before the City Council on October 24, 1984, with Council voting 6-1 to approve the developers plan. Mr. Co W. French presented petitions signed by residents of College Acres requesting assistance of the New Hanover County Board of Commissioners to reconcile the problem of public safety in the neighborhood caused by the proposed thoroughfare by the City of Wilmington. Commissioner Blake recommended a joint meeting between the County Commissioners and City Council to discuss this matter as soon as possible. After discussion, it was the consensus of the Board to request a joint meeting and hold an Executive Session at the end of the meeting to discuss legalities with the County Attorney. Chairman Gottovi, on behalf of the Board, expressed appreciation to Mr. Bentley and Mr. French for appearing before the Commissioners stating their concerns. APPROVAL OF CONSENT AGENDA County Manager Cooper commented on Item #12 for Social Services stating that on the next agenda, this department would request $23,000 to replenish the General Assistance Fund explaining he felt this should be brought to the attention of the Commissioners. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to approve the Consent Agenda items as follows with approval of a Budget Amendment to Item #3, Acceptance of Shore front Access Grant: , 707 MINTUES OF REGULAR MEETING, NOVEMBER 12, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) , ., CONSENT AGENDA' . i. - '.'1 ',_" Approval of Resolution for Addition of Road to State Secondary Road System I The Commissioners approved a resolution for the addition of the following road to the No C. State Maintained Secondary Road System: French Road - Div. File #511-N A copy of the resolution is contained in Exhibit Book XII, Page 160 Award of Bid to King Motor Company for Bookmobile - New Hanover County Library The Commissioners awarded the low bid in the amount of $28,700 to King Motor Company fGr purchase of a new bookmobile. Copies of the resolution, contained in Exhibit Book XII, agreement and bid tabulation are Page 160 Approval of Resolution for Acceptance of Shore front Access Grant - N. C. Coastal Management Program The Commissioners authorized the Chairman to. execute a contract and adopt a resolution authorizing the County to enter into a grant agreement with the N. Co Coastal Management Program in the amount of $27,163. I A copy of the resolution is contained in Exhibit Book XII, Page 170 Approval of Request for Reclassification of Social Services Eligibility Supervisor II to Social Services Eligibility Supervisor I - Department of Social Services The Commissioners approved reclassification of one budgeted Eligibility Supervisor II position (Range 66-$16,494 - $21,590) to an Eligibility Supervisor I position (Range 64 - $14,955 - $19,594) as requested by the Regional Personnel Office. Approval of Amendment to New Hanover' County Code - Insulation Licenses and Permits - Inspections Department The Commissioners approved' an amendment to "repeal 'Chapter 5, Article VII, REGULATION OF INSULATION CONTRACTORS, from the New Hanover County Code. The repeal of this ordinance would. remove local licensing and permit req~irements for th~ installation of insulation in the county. A copy of the amendment is on file in the Clerk's office for codification into the New Hanover County Code. I Approval for Procedures to Collect Overdue EMS' Bills' - Finance - Department The Commissioners are requested to amend the collection procedures for EMS bills as follows: (1) Only exercise attachment and garnishment or levying against personal property (2) Charge no interest on past due accounts 708 MINUTES OF REGULAR MEETING, NOVEMBER 12, 1.984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Change Order E-18 - Judicial Building - Engineering Department: The Commissioners approved Change Order E-18 in the amount of $4,005 for electrical work by Graves Electric Company for the Judicial Buildingo . \ ! ",.; Approval of Special Waste Disposal - Wright Chemical Compan~r Engineering Department The Commissioners approved"spec.ia,l waste .d'isposal '.for'"; .W;rt~ht Chemical Company with a fee based on a 50% surcharge on $3)300'0~'-;' per ton at the current disposal fee rate. ':.=_ '.:::' }J~'rl _1 .-;,!,>-: 't' Approval of Request for Courthouse Renovation Archibectu~aQ\Goh~Fact The Commissioners approved' and authorized ~he r Chairman to execute a contract with Garner & Yelverton Architects to provide professional services for renovation of the Old Courthouseo .)~. . _ ~ . .. "" -c ;-;:! r1 _ . , .., A copy of the contract is on file in the County Manager's officeo O' . .. _ _, ':0 I, t'o'"!q~ Engineering Dept. Approval of Budget Amendment - Debris Removal The Commissioners approved the following Budget Amendment for debris removal contracts: Debit - #11 3433 220, FEMA Grant #11 3433 320, State FEMA Grant #11 3990 990, Appropo Fund Balo Credit- #11 4330 395, Hurricane Debris Removal $62,138 9,942 17,920 $90,000 : .' j' '" Approval of Budget Amendment - 1985 .Enri:chmen\t' Grant '.:.... ,NewLlHii'hover County Library The Commissioners approved the following.Budgeb'~mendmen~ in the amount of $12,867 for the 1985. Enric'hment' Grant ito streh'gthen~ the book and audiovisual collection at the library: . ~ . 1 "_ ...., .i .. Debit - #11 3611 334, 1985 Enricho Grant $12,867 Credit- #11 6110 423, Books $ 9,867 #11 6110 '640I 'Eq.uipment . : - ~ 1 . 1 3,000 I, r il":.~ tJ\.i~_\ \' : -: r'" . Approval of Budget: Amendment - Social Services The Commissioners approved the following Budget AmenQment in the amount of $57,500 to finish microfilming main files anti.' establish an account for reimbursement of volunteers mi.lea~e ;f'-or commodity delivery and homebound households: Debit - #11 5310 100, Salary & Wages $57,000 #11 5330 423, Office Equipo 500 Credit - #11 5310 375, Microfilming Contract $57,000 #11 5330 539, Commodity Distribut. Volunteer Mileage 500 Approval Budget Amendment - 1/2 Cent Sales Tax - Finance Dept. The Commissioners approved'the following Budget Amendment to set up a sub-fund to account fOL thenlf2 cent sales tax and subsequent accumulation of funds to pay schools' debt service: \: : Debit - #11 9740 900, Transfer - School Debt Service #11 9740 910, Transfer to Water & Sewer District $906,000 474,000 t'.-. 709 MINUTES OF REGULAR MEETING, NOVEMBER 12, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) #12 3131 110, Unrestricted 1/2 Cent Sales Tax 1,182,354 #12 3131 Ill, Restricted 1/2 Cent Sales Tax (40%) 788,236 Credit - #11 3131 110, 1/2 Cent Sales Tax $1,380,000 I #12 4200 596, Debt Service on """1' . (t ..... School Bonds 261,250 #12 4200 593, Bond Service Charges 50,000 #12 9740 910, Transfer to Water & Sewer District 474,000 #12 9800 911, Reserve Account 1,185,340 Approval of Budget Amendment - Various - Finance . ,I , ;, r; 'J ,) \t ,', The Commissioners approved the following Budget Amendment in the amount of $4,500 for trips to review financial software packages for computer system ~e~ectiop:. Debit - #11 9800 911, Contingencies Credit - #11 4123 520, Travel #11 4131 520, Travel #11 4132 520, Travel $4,500 $1,500 1,500 1,500 Approval of Budget Amendment - Health Department The Commissioners approved the following Budget Amendment in the amount of $14,517 to bring County and State funds in line: Debit - #11 3511 373, Revenue $ 2,400 I #11 3511 372, Revenue 8,376 #11 3511 371, Revenue 3 741 , p '\ c' Credit - #11 3516 376, Revenue $ 6 , 908' #11 3516 379, Revenue 10 , ., '7:59cl #11 3949 990, Revenue , -I ~ . . Approval of Budget Amendment - Sheriff's Depar'tmerit - DWI Chemical Testing The Commissioners approved the following Budget Amendment in the amount of $3,145 for the new DWI Che~ical\.~.~?tip,g itc;:!,raJ?l~ which has not been budgeted: t1!]r ,~ --l n" - ~ Debit - #11 3413 220, Highway Safety Grant Credit - #11 4318 411, Pri~t-~ng #11 4318 421, Depto Supplies #11 4318 540, Insurance #11 4318 640, Capital Outlay .~.~,' 145 ,$'1 ~ ~Q 0.0 1,2db 165 780 Approval of Budget Amendment - Sheriff's Department - 55 MPH Grant The Commissioners approved the following Budget Amendment in the amount of $8,345 to budget the new 55 MPH Grant: Debit - #11 3413 220, Highway Safety Grant $8,345 I Credit - #11 4317 393, M & R Autos $3,000 #11 4317 411, PrintiI}g 2,000 #11 4317 421, Depto Supplies .! . 1,'doo~1' #11 4317 422, Auto Supplies 1,950 #11 4317 54Q, Insurance ;95 . '1 ~ Approval of Courthouse Renovation - Phase II - Project Ord'inance The Commissioners approved a Project Ordina:nbe and'~B~dge:t , " \ ... I t - .f Amendment for the Courthouse Renovation~ Phase II as follows: Debit - #52 3970 910~ Bond Proceeds $1,300,000 p 710 MINUTES OF REGULAR MEETING, NOVEMBER l2, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED)~. Credit -#52 4750 323, Archo & Engineering #52 4750 324, 'Arch. & Eng. .,...out of pocket #52 9711 900"Contingenc~es $ 86,500 3,000 , 1,210,500 A copy of the Project Ordinance is contained in Exhibit Book XII, Page 180 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: Various Finance Department Debit - #11 4121 640, Capital Outlay #11 4110 641, Equipment Credit - #11 4131 640, Capital Outlay $1,000 400 $1,400 Approval of Budget Amendment -'Sheriff Us, Department The Commissioners approved a Budget Amendment in the amount of $7,500 for computer equipment for Vice and Narcotic operations as follows: Debit - #11 4311 100, Salaries Credit - #11 4311 640, Capital Outlay $7,500 $7,500 Adoption of proclamat:ion Proclaiming Home Care Week in New Hanover County The Commissioners adopted a proclamation proclaiming November 25, through December 1, 1984, as Home Care Week in New Hanover Count Yo A copy of the proclamation is contained in Exhibit B06k ~Ii, Page 180 Adoption of Proclamation Proclaiming American Education Week in New Hanover County The Commissioners adopted November 11-17, 1984, as American Hanover Count Yo a proclamation proclaiming Education Week in New A copy of the proclamation is contained in Exhibit Book XII, Page 190 DISCUSSION OF JONES INTERCABLE TV FRANCHISE Mro David Co Barefoot, Attorney representing Jones Intercable, gave background information on the current franchise between Carolina Beach and Jones, Intercable stating that a franchise is not required for operation in the County until 19870 He commented on the expansion of the system stating the costs involved and the benefit of a franchise to Jones Intercable for the financing of the project. Mro Jim Keller, Vice President of Jones Intercable in charge of Special Projects, gave background information on the current franchise in the incorporated towns of Carolina Beach and Kure Beach stating service had also been provided to c~rtain areas of New Hanover County without a franchise requesting ,an opportunity to submit an application for a twenty year franchise with the County once the system has been expanded and updatedo He commented on House Bill 4103 and Senate Bill S66 providing for an increase from 3% to 5% on franchise fees collected by the , 711 MINUTES OF REGULAR MEETING, NOVEMBER 12, 1984 (CONTINUED) DISCUSSION OF FRANCHISE - JONES INTERCABLE (CONTINUED) County effective January 1, 1985, stating the County ordinance would have to be modified for this and other changeso Mro Keller requested an opportunity to apply for a franchise to assist Jones Intercable to finance a long-term investment in the county. I Chairman Gottovi expressed appreciation to Mro Keller and his company for consideration of the hurricane victims by not billing customers from September 1 through November 30, 1984. Commissioner Barfield commented on the complaints received from customers stressing the importance of this company improving the quality of services to the citizens of the County before entering into a franchise. County Manager Cooper recommended making a study of this request particularly with the increase in the franchise fee -from 3% to 5% stressing the importance of the franchise to Jones when applying for financing on long-term investments. After discussion, it was the consensus of the Board for the County Manager to study the request and make a recommendation to the Commissioners at a later dateo PUBLIC HEARING FOR RENAMING OF MARLIN COURT IN DOLPHIN BAY TO SEA ROBIN COURT Planning Director Hayes gave background information on the renaming of Marlin Court in Dolphin Bay to Sea Robin Court due to a duplication of names. I Chairman Gottovi asked if anyone present wished to speak'rn favor or in opposition to the name change 0 No one commentedo After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to approve the order changing the name to Sea Robin Court 0 Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is contained in Exhibit Book XII, Page 19. PUBLIC HEARING TO RENAME STREETS ON CAROLINA BEACH AND A PORTION OF THE CAROLINA BEACH ROAD Planning Director Hayes gave background information on the proposed street renamings. Chairman Gottovi asked if anyone wished to speak in favor or in opposition to the renamings. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to rename the following streets as follows: 1st Ave. - Carolina Beach - Risso Lane 2nd Ave. - Carolina Beach - Pagoda Lane I 4th Ave. Carolina Beach Drill Shell Lane 5th Ave. - Carolina Beach - Whelk Lane Portion of Carolina Beach Rdo to Lake Park Blvdo Upon vote, the MOTION CARRIED UNANIMOUSLY 0 A copy of the order is contained in Exhibit Book XII, Page 19. PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 591 ACRES LOCATED NORTH OF EASTWOOD ROAD AND ADJACENT AND WEST OF THE INTRACOASTAL WATERWAY, FROM R-15 TO R-20 RESIDENTIAL TO A PD PLANNED DEVELOPMENT DISTRICT Planning Director Hayes gave background information on the rezoning request presenting a new site plan which is to be approved along with the redistricting pointing out the changes in the site plan. 712 MINUTES OF REGULAR MEETING OF NOVEMBER 12, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY NORTH OF EASTWOOD ROAD AND ADJACENT AND WEST OF INTRACOASTAL WATERWAY FROM R-15 AND R-20 RESIDENTIAL TO A PD PLANNED DEVELOPMENT DISTRICT (CONTINUED) Planner Avery stated recommendations made by the Planning Board and Engineering Department which are incorporated in the new site plan as follows: 1. Developer secure all appropriate State permits for water and sewer and be required to connect to the County system when the capacity becomes availableo 2. All other applicable permits be obtained, including grading permit modifications and CAMAo 30 The implementation of all road, and bridge construction improvements as recommended by the No- C. Department of Transportation and New Hanover County. 4. A one time contribution of $55,435 be made to th~ Seagate Fire District 50 All other State and local codes and ordinances be - complied with fully by the developero 60 No contribution to the school system should be required of the developer. Chairman Gottovi expressed concern that the developer has been precluded from a one-time contribution to the school system requesting further study of this requirement under PD Zoningo Commissioner O'Shields commented on alarm systems with direct connections to the County's Emergency Dispatch System requesting an explanation. Commissioner O'Neal commented on the need for public access points along the waterfront such as walkways or bike pathso Chairman Gottovi asked if anyone' present wished to speak in--' favor of or in opposition to the rezoningo The following persons commented: Mso Bea Clemmons Mr. William Funderberg Mro Hugh Perry Eugene Floyd, Mayor of Wrightsville Beach, commented on the impact of density with reference to discharge of sewage into the waterway and traffic conjestion stressing the importance of addressing these problems when redistricting. After a lengthy discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to close the Public Hearing and defer action until November 19, 1984, when a joint meeting was to be held with the Town of Wrightsville Beach with reference to sewage problems, and further study could be prcesented by the Planning Board on requirement capacity and impact on schools under the current PD Ordinance, and discussion of a connector to Military Cut-Off Road by the developero Upon vote, the MOTION CARRIED UNANIMOUSLY 0 BREAK Chairman Gottovi recessed the meeting for a break from 8:55 o'clock PoM. until 9:18 o'clock PoMo ~ 713 MINUTES OF REGULAR MEETING, NOVEMBER 1-2, 1984 (CONTINUED) I PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 2.58 ACRES LOCATED AT 3519 OLEANDER DRIVE, NORTHSIDE, APPROXIMATELY 200 FEET EAST OF THE PLATTED, BUT UNOPENED OAK AVENUE FROM- AN R-15 RESIDENTIAL & B-2 HIGHWAY BUSINESS TO A B-2 BUSINESS DISTRICT Planning Director Hayes gave background information on the request stating the Planning Board recommended approval since the highway commercial nature of this area justifies rezoning to B-20 , Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning requesto The following person commented: Mro Reggie Honbarrier, the petitioner Chairman Gottovi asked if anyone present wished to speak in opposition to the rezoning requesto No o~e commented. _I. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield approve the rezoning request from R-15 to B-20 Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 9B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972" is contained in Zoning Book I, Page 55. I PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 7.84 ACRES, LOCATED ON THE WEST SIDE OF HIGHWAY 421, 600 FEET SOUTH OF GOLDEN ROAD FROM A R-15 RESIDENTIAL AND B-2 DISTRICT TO AN I-L LIGHT INDUSTRIAL DISTRICT Planning Director Hayes gave background information on the rezoning request stating the Planning Board recommended approval since the nature of the facilities located there and proposed development to the north are designed specifically for aviation related activities. Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning requesto No one commented 0 Chairman Gottovi asked if anyone present wished to speak in opposition to the requesto No one commented 0 After discussion, Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to approve ,the rezoning requestr Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL 17, 1971" is contained in Zoning Book I, Page 180 I PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 2.26 ACRES, LOCATED AT THE MUNICIPAL GOLF COURSE NORTH OF THE CLUB HOUSE. Planning Director Hayes gave background information on the request for construction of a municipal fire statio~ stating the four general requirements would be met. Chairman Gottovi asked any persons present wishing to give testimony in favor of the issuance of the Special Use Permit to step forward to be duly sworn in. The following persons were sworn in: Mro James N. Hunter, Purchasing Agent for the City of Wilmington Mr. Lloyd Wolfe, Chief of Fire Department City of Wilmington Mro Charles Lilley, Planner , City of Wilmington Mr. James Hunter gave background information on the construction of the fire station and selection of this site requesting issuance of a Special Use Permit stating that the conclusions presented by the Planning Staff were correct and that the project met the four general requirements. ... 714 MINUTES OF REGULAR MEETING, NOVEMBER 12, 1984 (CONTINUED) PUBLIC HEARING FOR ISSUANCE OF SPECIAL USE' PERMIT'FOR FIRE STATION (CONTINUED) ~ ., . -... .. Chairman Gottovi asked any persons present wlshing t9 give testimony in opposition to'the issuance of the Speciai Use Permit to step forward to be duly sworn ino No one came forward. After discussion, Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the issuance'of the"Special Use Permit as follows: Upon vote, the MOTION CARRIED UNANIMOUSLY. ORDER GRANTING A SPECIAL USE PERMIT . \. ..... The County Commissioners for New Hanover County having held a Public Hearing on Monday, November 12, 1984, to consider application number S#231 11/84 submitted by Charles Lilley on behalf of the City of Wilmington, a request for a Special Use Permit to use the property located at the Municipal Golf Course, Tax Map 61, Block 04, Parcel 001, for a Municipal Fire Station and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 10 The County Commissioners FIND as a F~CT t~at all.of the specific requirements set forth in Section 72- of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the <;9unty Commi s s ioners. (Speci fy' 'which requirements, 'i f 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. The proposed facility will be connected to the City of Wilmington's water system. bo The site has been determined adequate for on site ground absorption sewage disposalo co The proposed facility, a firehouse, would provide greater firefighting capacity and reduce response time in the general vicinity, thus enhancing the public safetyo 30 It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required condi tions and specificationso In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: . ~ I \.\ -. - ao The proposed use is classified as a government building which is a special use in an ~-15 Residential District. . . bo The property is 2026 acres in sizeo co Adequate ingress and egress to the site is provided from an adjoining road that leads outward to Masonboro Loop Roado Also, there will be an access point on the adjoining road that will allow access to Oleander Driveo d. All front, side, and rear yard requirements are meto 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 necessityo In support of this conclusion the Commissioners make the following FINDINGS OF FACT: '-...... 715 MINUTES OF REGULAR MEETING, NOVEMBER 12, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT FOR CONSTRUCTION OF FIRE STATION (CONTINUED) I a. There is no indication that the firehouse would injure the value o.f s,urrounding properties ~ .~.. b. Annexation laws require municipalities to provide fire services to newly annexed areas on substantially the same basis as it does to current residents. Based on need and the requirements of law, the proposed facility is conclusively a public necessity. 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 N~w Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FA.CT: . " ao The proposed facility will be constructed of materials similar in nature to those materials used on nearby residential useso bo The firehouse would represent a significant improvement to the site. Also, retention of existing vegetation along the perimeter, coupled with the landscaping improvements planned for the site greatly enhance the compatibility of th~ Uge with surrounding uses, notably existing vegetation. I 60 Therefore, because the.Gounty 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 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 i~valid 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: Subject to Federal, State and local ordinances. I , . PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 4.5 ACRES LOCATED ON THE EAST SIDE OF OAKLEY CIRCLE APPROXIMATELY 540 FEET SOUTH OF OAKLEY DRIVE FOR PLACEMENT OF A MOBILE HOME IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the request showing slides stating the . four general requirements would be met. Chairman Gottovi asked anyone present wishing to give testimony in favor of the issuance of the Special Use Permit to step forward to be duly sworn in. The following person was sworn in: Mr. Ralph Bordeaux Mr. Bordeaux, the petitioner, gave background information stating he accepted the findings of facts as presented by the Planning Department requesting issuance of the Special Use Permit for placement of the mobile home on a site where one had previously beeno 716 MINUTES OF REGULAR MEETING, NOVEMBER 12, 1984 (CONTINUED) u PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR LOCATION OF A MOBILE HOME ON OAKLEY DRIVE (CONTINUED) Chairman Gottovi asked anyone present wishing to give testimony in opposition to the issuance of the Special Use Permit to step forward to be duly sworn in. No one came forward. Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve the issuance of the Special Use Permit concurring with the FINDINGS OF FACTS meeting the general requirements as presented by the Planning Board as follows: Upon vote, the MOTION CARRIED UNANIMOUSLYo ORDER GRANTING A SPECIAL USE PERMIT The County Commissioners for New Hanover County havi~g held a Public Hearing on Monday, November 12, 1984, to consider application number S#227 11/84 submitted by Ralph Bordeaux, a request for a Special Use Permit to use the property located at Rto 1, Box 244-A, Oakley Loop Road (Tax Map 33-06, Block 03, Parcel 03) 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: 10 The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72- of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissionerso (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 approvedo In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. The site has an existing septic tank disposal system and it has been determined adequate by the New Hanover County Health Departmento bo The site also has an existing well and it too has been determined safe by the Health Dept. Co The site is located within the Wrightsboro Fire District and is easily provided with fire protection services. 30 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 requi.J;'ed condi tions and specificationso In support of this conclusion, the Commissioners make the following FINDINGS OF FACT; ao The proposed use is a special use in the R-20 Residential Districto b. All area, front, side, and rear yard require- ments as shown on the sites are met. co Access will be via a private drive directly onto Oakley Road. 40 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: ao There is no clear evidence present to indicate that the proposed use would substantially injure surrounding property values. The site has "- 717 MINUTES OF REGULAR MEETING, NOVEMBER 12, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR LOCATION OF MOBILE HOME ON OAKLEY DRIVE (CONTINUED) I previously been used for mobile home purposes and there are no less than seven (7) other mobile homes within approximately 500 fto' of the site. b. The proposed use of this land will provide' for various housing opportunity, thus affording the maximum range of choice and type. (Section 1.31 (1)) of the Policies for Growth and Development 0 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 proposed use would be in general harmony with the surrounding area. As noted, there are no less than seven (7) other mobile homes within approximately 500 feet. b. The property is classified rural. Low density uses not requiring major urban services are strongly encouraged. I 60 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 satisfiedo 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 of the specific requirements stated in ordinance for the proposed use, as well as additional conditions hereinafter statedo all the any bo 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. Co Other: Subject to Federal, State and local ordinances 0 I PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO ARTICLE VII BY ADDING A SECTION "I" ENTITLED: WATER AND SEWER SUITABILITY DISCLAIMER" Planner Pete Avery gave background information on the Text Amendment stating the amendment would add a new certificate for all subdivision plats prior to recording with the Register of Deeds stating the Planning Board recommended approval with minor changes in the amendment as proposed by the Health Department. County Attorney Pope commented on the proposed modifications by the Planning Department in the language of the Text'Amendment presented by the Health Department stating the wording presented by the Health Department was legally correct and recommended no change 0 After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to approve the Text Amendment as presented by the Health Department for a Certificate Disclaiming Water/Sewer Suitability reading as follows: 718 MINUTES OF REGULAR MEETING, NOVEMBER 12, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER SUBDIVISION TEXT AMENDMENT TO ARTICLE VII (CONTINUED) Notwithstanding New Hanover County's approval of this plat, lots shown on said plat may not receive Health Department approval for on site sewage disposal systems, nor for individual water supply systems. Upon vote, the MOTION CARRIED UNANIMOUSLY 0 A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED FEBRUARY 17, 1969" is contained in Exhibit Book XII, Page 200 BREAK Chairman Gottovi recessed the meeting for a break from 10:02 o'clock P.Mo to 10:15 o'clock P.Mo AWARD OF BIDS FOR AGRICULTURAL EXTENSION BUILDING - ENGINEERING DEPARTMENT Engineering Director Hilton gave background information on the bids requesting award of bids to the following companies and approval of the following Budget Amendment: General - Luther To Rogers, Inco Plumbing - Kelly Plumbing Company HVAC - Cannon Heating & Air Electrical- Dallas Electrical Company Budget Amendment Debit -#11 4950 421, Department Supplies #11 3990 990, Approp. Fund Balance Credit-#32 4701 323, Architectural Fee #32 4701 324, Architectural-Out of Pocket #32 4701 620, Construction #32 4701 621, HVAC #32 4701 622, Plumbing #32 4701 623, Electrical #32 9800 911, Contingencies $145,950 15,228 22,340 37,500 $ 2,130 40,300 $ 2,060 300 14,950 5,340 3,228 7,500 9,052 After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to approve the awards of bids as listed and approve the Budget Amendment in the amount of $221,018 as presentedo Upon vote, the MOTION CARRIED UNANIMOUSLYo DESIGNATION OF PRIVATE }]ON-PROFIT AGENCY TO RECEIVE COMMUNITY ACTION PARTNERSHIP PROGRAM FUNDS Human Services Analyst, Cam McAbee, gave background information on the designation of a private non-profit ?gency to receive Community Partnership Program funds. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to appoint Headstart as the private non- profit agency. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS REAPPOINTMENT OF JOHN MAYE TO THE ZONING BOARD OF ADJUSTMENT Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to reappoint John Maye to serve a three-year term to the Zoning Board of Adjustment expiring November 15, 19870 Upon vote, the MOTION CARRIED UNANIMOUSLYo APPOINTMENT OF ANDREW HARRISS, JR. TO SERVE AS ENERGY COORDINATOR FOR NEW HANOVER COUNTY Commissioner Blake MOVED, SECONDED by Commissioner O'Shields to reappoint Andrew Harriss, Jro as the Energy Coordinator for New Hanover County for the year 1985. Upon vote, the MOTION CARRIED UNANIMOUSLY 0 I I I 719 MINUTES OF REGULAR MEETING OF NOVEMBER 12, 1984 (CONTINUED) COMMITTEE APPOINTMENTS (CONTINUED) DISCUSSION OF REPLACEMENT OF COMMISSIONER BLAKE ON THE BOARD OF DIRECTORS OF THE N. C. ASSOCIATION OF COUNTY COMMISSIONERS FOR DISTRICT 4 Commissioner Blake recommended that the new Board select a Commissioner to replace his position on the Board of Directors for the N. C. Association of County Commissioners contacting the other counties in District 4 for endorsement of the Commissioner in order to secure a representative from New Hanover County to serve on the Board. APPOINTMENT OF JAMES HARRY BORDEAUX TO FILL UNEXPIRED TERM ON GOVERNMENTAL CONSOLIDATION STUDY COMMISSION Chairman Gottovi MOVED, SECONDED by Commissioner Barfield to appoint Mr. James Harry Bordeaux to serve on the Governmental Consolidation Study Commission replacing Carolyn Boardeaux who resigned. Upon vote, the MOTION CARRIED UNANIMOUSLYo DISCUSSION OF HEALTH DEPARTMENT PROVIDING HOME CARE TO SURROUNDING COUNTIES A discussion was held about the Health Department approaching surrounding counties for providing Home Care without informing the County Commissioners. Commissioner Blake commented on the revenue that could be generated by an expansion of the program but recommended that this item not be discussed until a proposal has been presented to the Commissioners by the Board of Health. ADDITIONAL ITEMS - COUNTY MANAGER DISCUSSION OF CITY PROVIDING SEWER ALLOCATION TO NORTH WILMINGTON County Manager Cooper commented on the possible action the City Council could take on granting sewer allocation from the Northside Treatment Plant to the North Chase Project stating this item was to be discussed at a Council Meeting on Tuesday, November 13, 1984, at 8:30 o'clock A.M. After discussion, it was the consensus of the Board for the Chairman and County Manager to attend the meeting requesting the City Council to delay action on the allocation resolution and consider a joint meeting of City and County staffs to review the North Chase project projecting the impacts on treatment plant capacity and the adopted County 201 Plan. DISCUSSION OF EXPANSION OF HOLDING ROOM - AIRPORT County Manager Cooper presented a drawing of plans to resolve the problem of crowdedness in the Holding Room at the Airport. He stated he had discussed the proposal with Piedmont officials and together they were in agreement to undergo various changes that would require moving x-ray machines, expanding the ticket counter, and moving the car rentals. After discussion, Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to authorize the County Manager to proceed with the project working with Property Management for the lowest possible costs approving a Budget Amendment not to exceed $50,000 from the Unappropriated Fund Balanceo Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF LAW SUIT WITH ABC DEVELOPMENT COMPANY County Attorney Pope informed the Board that the owner of ABC Development Company had agreed to sell the Babies Hospital property which is currently the subject of a title lawsuit brought by ABC against defendants, the Town of Wrightsville Beach, New Hanover County and Department of Transportation. County Attorney Pope stated the prospective buyer's attorney had contacted him requesting settlement of the suit on the basis of a mutually established right-of-way agreement; however, time is of the essence on this mattero 720 MINUTES OF REGULAR MEETING OF NOVEMBER 12, 1984 (CONTINUED) DISCUSSION OF LAWSUIT - ABC DEVELOPMENT COMPANY (CONTINUED) After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to authorize the Chairman to execute the agreement once the County Attorney has approved the proper settlement of the right-of-way to be given to DOTo Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Gottovi recessed the meeting for a break from 11:20 o'clock PoMo to 11:26 o'clock PoM. EXECUTIVE SESSION Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to recess the meeting to Executive Session for discussion of a legal matter 0 Upon vote, the MOTION CARRIED UNANIMOUSLY 0 Chairman Gottovi recessed the meeting to Executive Session at 11:27 o'clock PoMo Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to reconvene the meeting to Regular Sessiono Upon vote, the MOTION CARRIED UNANIMOUSLY 0 Chairman Gottovi reconvened the meeting to Regular Session at 11:45 o'clock PoMo ADJOURNME~T Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to adjourn the meetingo Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi adjourned the Regular Meeting at 11:46 o'clock PoM. O?:f?~ Lucie Fo Smith Clerk . I i'...