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1984-12-03 Regular Meeting 733 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 3, 1984, at 7:00 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. I Members present were: Commissioners Jonathan Barfield, Sr.~ Donald P. Blake~ Nolan O'Neal~ Claud O'Shields, Jr.~ Chairman Karen E. Gottovi, County Manager, G. Felix Cooper ~ County Attorney, Robert W. Pope~ and Clerk to the Board, Lucie F. Smith. Rabbi Robert Waxman of B'nai Israel Synagogue, gave the invocation. APPROVAL OF MINUTES Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the minutes of November 12, 1984, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve the minutes of November 19, 1984, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. RECOGNITION OF WEBELOS DEN I - CUB SCOUT PACK Chairman Gottovi recognized the Webelos Den 1, Cub Scout Pack 240 attending the meeting for a study in citizenship and government. I OATHS OF OFFICE ADMINISTERED TO COMMISSIONERS BARFIELD, RETCHIN, AND DOLAN Clerk to the Board, Lucie Smith, administered the Oaths of Office to the following newly elected County Commissioners: Jonathan Barfield, Sr. John M. Dolan Fred Retchin Copies of the Oaths of Office are contained in Exhibit Book XII, Page 23. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN County'Attorney Pope opened the floor to nominations for Chairman of the County Commissioners for the ensuing year. Commissioner O'Shields nominated Commissioner O'Neal for Chairman. There being no other nominations, County Attorney Pope declared the nominations closed. Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to elect Nolan O'Neal Chairman by acclamation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal opened the floor to nominations for Vice- Chairman of the County Commissioners for the ensuing year. I Commissioner Retchin nominated Commissioner Barfield for Vice-Chairman. There being no other nominations, Chairman O'Neal delcared the nominations closed. Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to elect Commissioner Barfield as Vice-Chairman by acclamation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Barfield expressed appreciation to the other board members for election of Vice-Chairman stating he would strive to serve to the best of his ability. 734 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) PRESENTATION OF PLAQUES TO OUTGOING COMMISSIONERS Chairman O'Neal, on behalf of the Board, presented a plaque to Commissioner Blake in appreciation of his four years of service wishing him well. Commissioner Blake thanked the County Manager and other Board Members for their cooperation and assistance while serving as a County Commissioner emphasizing how fortunate New Hanover County was to have such an outstanding County Manager and Staff. Chairman O'Neal, on behalf of the Board, presented a plaque to Chairman Gottovi in appreciation for her eight years of service and two years as Chairman of the Board. County Manager Cooper, on behalf of the County Staff, presented a pen set to Chairman Gottovi expressing appreciation to her for her outstanding service and leadership during her tenure. Mr. Walter Yates, a citizen of Flemington, expressed appreciation to Chairman Gottovi for her determined effort in solving the water problem at Flemington. Chairman Gottovi thanked all persons present thoughtfulness stating she had enjoyed her tenure Hanover County complimenting the County Manager and their hard work and assistance. for their with New Staff for BREAK Chairman O'Neal recessed the meeting for a break from 7:30 o'clock P.M. to 7:55 o'clock P.M. REGULAR MEETING RECESSED FOR SPECIAL MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman O'Neal recessed the meeting from Regular Session to hold a Special Meeting of the Water and Sewer District at 7:55 o'clock P.M. Chairman O'Neal reconvened the meeting back to Regular Session at 8:58 o'clock P.M. NON-AGENDA ITEMS Chairman O'Neal asked if any member of the general public wished to address the Commissioners on any item listed on the Consent Agenda or any subject not listed on the Regular Agenda. The following persons commented: Mr. James Lea, Attorney representing the College Acres Homeowners Subdivision Association, requested adoption of a Resolution of Intent to close three roads within New Hanover County holding a Public Hearing on the 8th day of January 1985, at 7:30 o'clock P.M. in the cafeteria of College Park Elementary School, Oriole Drive, Wilmington, North Carolina, giving the public an opportunity to voice their opinions on the issue. Attorney Lea gave background information on the problems created by new development in the College Acres area emphasizing the seriousness of the traffic impact by allowing access onto College Acres Drive. Commissioner Dolan stated for entry into record that he is a member of the College Acres Homeowners Subdivision Association. Chairman O'Neal commented problems such as this would occur City and County working together of problems in the future. on the numerous times that stressing the importance of the to solve and avoid these types I'-.. 735 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) NON-AGENDA ITEMS (CONTINUED) I After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to adopt the Resolution of Intent to close certain roads calling for a Public Hearing to be held on the 8th day of January 1985, at 7:30 o'clock P.M. in the cafeteria of College Park Elementary School, Oriole Drive, Wilmington, North Carolina. A copy of the Resolution of Intent is contained in Exhibit Book XII, Page 24. Mr. Meares Harriss, appeared before the Board, requesting funding in the amount of $5,000 for purchase and acquisition of the Old Cape Fear River Bridge stating there were 400 tons of steel and a large amount of concrete wall to be used for construction of artificial reefs. He gave background information on the purchase stating the total project would cost approximately $25,000 but that sea grants were available on the federal and state level to cover this cost. He stressed the importance of this program to New Hanover County. After a lengthy discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to earmark $5,000 and back the project with an additional $20,000 until such time as grants are made with a guarantee of reimbursement of any monies funded by the County, having the County Attorney draw up contracts with the N. C. Division of Marine Fisheries for execution by the Chairman with approval of a Budget Amendment from the Unappropriated Fund Balance. Upon vote, the MOTION CARRIED UNANIMOUSLY. I APPROVAL OF CONSENT AGENDA Commissioner Barfield MOVED, SECONDED by Commissioner 0' Shields to approve the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Award of Bid to Hub Uniform Company - Sheriff's Department The Commissioners awarded the low bid to Hub Uniform Company in the amount of $10,930 for the purchase of uniforms for the Sheriff's Department. Copies of the resolution, agreement, and bid tabulation are contained in Exhibit Book XII, Page 25. Approval of 1984-1985 Budget Resolution for New Hanover County Board of Education The Commissioners approved the 1984-1985 Budget Resolution for the New Hanover County Board of Education for operation of the school administrative unit for the fiscal year beginning July 1, 1984 and ending June 30, 1985. I A copy of the Budget Resolution is contained in Exhibit Book XII, Page 26. Approval of Budget Amendment - New Hanover County Library The Commissioners approved the following Budget Amendment in the amount of $4,713 for gifts received and payment of lost items ($1,075.92) from July to October 1984, and proceeds received from the October Book Sale ($3,636.60) as follows: Debit - #11 3611 890, Gifts & Contributions Credit - #11 6110 423, Books & Materials $4,713 $4,713 736 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) CONSENT AGENDA (CONTINUED) Rejection of Plumbing Bid by Sneeden Mechanical Contractors on Landfill The Commissioners rejected the plumbing bid by Sneeden Mechanical Contractors in the amount of $1,140,000 with approval for re-advertisement immediately. Approval of Budget Amendment - Various - Finance Department The Commissioners approved the following Budget Amendment in the amount of $62,210 to set up money received from the state: Debit -#11 3520 310, State Grant $39,400 #11 3530 310, State Grant 8,185 #11 3585 360, Fed. & State Grants 4,725 #11 3513 371, Fed. & State Grants 9,900 Credit -#11 5852 570, Drug Abuse $ 4,125 #11 5854 570, Youth Help 600 #11 5201 580, Mental Health 39,400 #11 4132 594, Lease Payments 18,085 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 5820 100, Salaries $300 #11 4196 100, Salaries 150 Credit -#11 5164 100, Salaries $300 #11 6110 100, Salaries 150 APPROVAL OF PUBLIC OFFICIAL BONDS County Attorney Pope requested adoption of resolutions for approval of Public Official Bonds. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt a resolution for approval of Public Official Bonds. Copies of the resolutions are contained in Exhibit Book XII, Page 26. PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of Commissioners of New Hanover County on Monday, December 3, 1984, at 7:00 o'clock P.M. in the Assembly Room of the County Administration Bui lding, 320 Chestnut Street, Wilmington, North Carolina to consider the following: PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 20,000' SQUARE FEET, LOCATED ON THE EAST SIDE OF OAKLEY ROAD APPROXIMATELY 945 FEET FROM THE INTERSECTION OF OAKLEY CIRCLE AND OAKLEY ROAD FOR A MOBILE HOME IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes and Planner Avery gave background information and discussed the four general requirements when issuing a Special Use Permit stating these requirements had been met. Chairman O'Neal expressed concern for the ditches placed on the property. Chairman O'Neal asked any persons present wishing to give testimony in favor of or in opposition to the issuance of the Special Use Permit to step forward to be duly sworn in. The following persons were sworn in: t'--. 737 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) PUBLIC HEARING FOR ISSUANCE OF SPECIAL USE PERMIT - OAKLEY CIRCLE (CONTINUED) I Mr. Jimmy Sellers Mr. Paul Humphrey Mr. H. Guyton Ms. Ellen Guyton Ms. Irene Mahn Mr. William Hucks Ms. Evelyn Goodwin Mr. Daniel Mahn Mr. N. R. Smith Ms. Susan Humphrey Chairman O'Neal asked if anyone present wished to give testimony in favor of the issuance of the Special Use Permit. The following persons commented: Mr. William Hucks commented on requirement of the Health Department to dig ditches 2 1/2 feet in order to obtain approval for a septic tank requesting consideration of the Board for approval of the Special Use Permit. Chairman O'Neal asked Mr. Hucks if he concurred with the statements made and presented by the Planning Staff. Mr. Hucks stated they were correct. Mr. Jimmy Sellers, a property owner on Oakley Circle, commented on the zoning of this property, a portion being zoned R-15 and a portion zoned R-20 stating he felt the permit should be approved. He stated he felt that placement of the mobile home would not devalue the land. I Chairman O'Neal asked if anyone presented wished to speak in opposition to the issuance of the Special Use Permit. The following persons commented: Mr. H. Guyton, an adjacent property owner, stated additional ditches would create a problem of excess water on his farm land which would be detrimental to his vegetables. He strongly urged that this Special Use Permit not be issued. Ms. Janet Coleman, an attorney representing Mr. Guyton, commented on the seriousness of wet land to Mr. Guyton's property and the devaluation of his property by placement of the mobile home. Ms. Susan Humphrey, Mr. N. R. Smith, Mr. Paul Humphrey, and Ms. Ellen Guyton expressed concern for placement of the mobile home and devaluation of their property. After a lengthy discussion of questions and answers, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to issue the following Special Use Permit based on the findings of facts meeting the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. I ORDER GRANTING A SPECIAL USE PERMIT FOR A MOBILE HOME The County Commissioners for New Hanover County having held a Public Hearing on Monday, December 3, 1984, to consider application number #232 12/84 submitted by Evelyn Goodwin, a request for a Special Use Permit to use the property located at 12 Oakle~ Circle, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 738 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR OAKLEY CIRCLE (CONTINUED) 1. 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 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 petitioner has been granted a permit by the County Health Department for the construction of a septic tank and well. b. The site is located in the Wrightsboro Fire District and is approximately 2.5 miles from the station. c. The site is located in the Wrightsboro School District K-6 and is approximately 2.7 miles from the school. 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 a mobile home in an R-20 Residential District requires a Special Use Permit. b. The lot in question meets the minimum lot area requirement of 20,000 sq. ft. c. All site, front, and rear yard setback requirements can be easily met. d. Access to the site will be directly from Oakley Circle, located to the west of the site. 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. There are other mobile homes in the area. One is located almost directly across the street, while others are scattered throughout the general vicinity. b. The location of a mobile home on the lot should not substantially injure the value of surrounding and adjacent properties based on an appraisal report submitted by a neighboring property owner. c. The use provides a source of needed housing. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fo~rth 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 rural on the Land Classification Map. Low density residential uses not requiring urban services are strongly encouraged. b. Due to the location of other mobile homes in the general area, there is ample evidence to suggest that the proposed use would be in general harmony. ~ 739 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT - OAKLEY CIRCLE I 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 SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b. If any of the conditions imposed by this special use permi t shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c. Other: All other Federal, State and local codes and ordinances be met. PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 21,000 SQUARE FEET LOCATED ON THE NORTH SIDE OF TERESA DRIVE EAST OF CASTLE HAYNE ROAD, FOR A MOBILE HOME IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the request for issuance of a Special Use Permit with Planner Avery showing slides stating the request met the four general requirements. I Chairman O'Neal asked any persons present wishing to give testimony in favor of or in opposition to the request to step forward to be duly sworn in. The following person was sworn in: Mr. Timothy S. Ely Chairman O'Neal asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following person commented: Mr. Tim Ely, the petitioner, gave background information on the placement of the mobile home stating he concurred with the presentation and facts stated by the Planning Staff. Chairman O'Neal asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. No one commented. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Dolan to issue the following Special Use Permit. Upon vote, the MOTION CARRIED UNANIMOUSLY. ORDER GRANTING SPECIAL USE PERMIT FOR A MOBILE HOME I The County Commissioners for New Hanover County having heard a Public Hearing on Monday, December 3, 1984 to consider application number SUP #233 12/84 submitted by Timothy S. Ely, a request for a Special Use Permit to use the property located on the north side of Teresa Drive, approximately 550 feet east of Castle Hayne Road, 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- of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 740 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT - TERESA DRIVE (CONTINUED) 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. A soil evaluation by the Health Department indicates that the site can be used for septic purposes if the petitioner makes certain modifications to the soils. A provisionally suitable status and an Improvements Permit will be issued after the suggested modifications have been made. b. The site is located in the Wrightsboro Fire District and is less than .3 mile from the station house. c. The site is located in the Wrightsboro School District K- 6 and is less than .5 mile from the site. 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 a mobile home in an R-20 Residential District requires a Special Use Permit. b. The lot in question has an area of 20,928 sq. ft., which meets the minimum lot requirements of the R-20 zone. Additionally, the location of a standard size mobile home on this lot would easily adhere to the front, side and rear yard setback requirements. c. Access to the site will be directly from Teresa Drive, a local residential street located due south of the site. 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. There are other mobile homes in close proximity to this proposed site. b. There is no clear evidence present to indicate that the location of a mobile home on this lot would substantially injure the value of adjoining properties. c. The use provides needed housing. 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 rural on the Land Classification Map. Low density residential development not requiring urban services is strongly encouraged in the rural area. b. There is ample evidence present to suggest that the location of a mobile home on the lot would be in general harmony with the area because of the presence of other mobile homes in the vicinity. ~ 741 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PLACEMENT OF MOBILE HOME ON TERESA DRIVE (CONTINUED) I 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 SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b. If any of the conditions imposed by this Special Use Permi t shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c. Other: All other Federal, State and local codes and ordinances be met. I PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 14 ACRES, LOCATED SOUTHWEST FROM THE END OF CHAIR ROAD FOR TWO (2) MOBILE HOMES IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the issuance of Special Use Permit with Planner Avery showing slides explaining the Health Department would approve only one septic tank since the placement of two mobile homes would require 40,000 square feet. He stated the request for one mobile home did meet the four general requirements. Chairman O'Neal asked any persons present wishing to testimony in favor of or in opposition to the issuance of Special Use Permit to step forward to be duly sworn in. following person was sworn in: give the The Mr. Edward J. Richards, Jr. Chairman O'Neal asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following person commented. Mr. Richards, the petitioner, gave background information on the placement of the mobile home on the lot requesting approval of the permit. He stated he concurred with the presentation made by the Planning Department. Chairman O'Neal asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. No one commented. I After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the issuance of the Special Use Permit for a 130 x 288 tract for placement of one mobile home. Upon vote, the MOTION CARRIED UNANIMOUSLY. ORDER GRANTING A SPECIAL USE PERMIT FOR A MOBILE HOME The County Commissioners for New Hanover County having heard a Public Hearing on Monday, December 3, 1984 to, consider applica tion number SUP # 2 234 12/84 submi tted by Edward J. Richard, Jr., a request for a Special Use Permit to use the property located on a tract 130 ft. x 288 ft. southwest of Chair Road, a portion of property on Tax Map 25-00 Block 001, Parcel 03 for a mobile home, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 742 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT FOR PLACEMENT OF A MOBILE HOME ON CHAIR ROAD (CONTINUED) 1. 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 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. A lot evaluation performed on a 130 ft. x 288 ft. tract of land indicates the land is provisionally suitable for sewage disposal if the petitioner applies for an Improvements Permit within thirty (30) days. b. The site is located in the Wrightsboro Fire District and is less than 3.5 miles from the station house. c. The site is located in the Wrightsboro School District K- 6 and is less than 3.5 miles from the site. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance ~ namely that the use meets all required condi tions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. The location of a mobile home in an R-20 Residential District requires a Special Use Permit. b. A site plan presented indicates that all side, front and rear yard requirements can be met. c. Access is provided via a thirty (30) foot private easement that ties into Chair Road to the northeast of the property. 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. There is no evidence to indicate that the location of two (2) mobile homes on this lot would have an adverse impact on surrounding property values. b. There are no less than eight (8) mobile homes in the general vicinity of the proposed site. 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. There are other mobile homes in the general vicinity. b. The property is classified as rural on the Land Classification Map. Low density residential development not requiring urban services is strongly encouraged in the rural area. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the t'--. 743 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PLACEMENT OF A MOBILE HOME ON CHAIR ROAD (CONTINUED) issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that.the application for the issuance of SPECIAL USE PERMIT be GRANTED, subject to the following conditions: I a. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b. If any of the conditions imposed by this Special Use Permi t shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c. Other: 1. The petitioner is limited to one (1) mobile home, which is to be located on a tract of land 130 ft. x 288 ft. 2. All other Federal, State and local regulations shall be met. I PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO ARTICLE III, SECTION 3.3(2} (A) BY DELETING REFERENCE TO THE SIGNING OF PRELIMINARY PLATS BY THE CHAIRMAN OF THE PLANNING BOARD Planning Director Hayes gave background information on the Text Amendment stating the Chairman of the Planning Board no longer signs the preliminary plat explaining they were signed by the Planning Director and that this reference in the Ordinance should be deleted. c Chairman O'Neal asked if anyone present wished to speak in favor of the Text Amendment. No one commented. Chairman O'Neal asked if anyone present wished to speak in opposition to the Text Amendment. No one commented. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the Text Amendment as recommended by the Planning Staff and Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF PRIVILEGE LICENSE FOR AUTOMOTIVE SERVICE STATIONS SELLING CAR RADIOS Tax Administrator Register gave background information on the privilege license ordinance stating that after consultation with the Legal Department it was felt that the levying of privilege license tax under Schedule B of the Revenue Act should be left as it is in the existing ordinance and that in individual cases of appeal consideration for relief to the taxpayer could be made. I Commissioner Retchin gave background information on the penalty charged to J. C. Penny Company stating it was rather excessive and questioned how a company determines a license is needed for a specific purpose wi thou t being informed by the Tax Department. He stated he did not wish to create any problems for the Tax Department nor did he disagree with the levying of the tax but he felt companies should be informed of licenses needed in the operation of their companies. Tax Administrator Register stated that 80% of the companies had complied with the purchase of the licenses. After discussion, it was the consensus of the Board to leave the ordinance as it reads requesting the County Attorney to draft an amendment to the ordinance for clarification of the misleading wording in the caption to be presented for review and approval at a later date. 744 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) DISCUSSION OF PRIVILEGE LICENSE FOR AUTOMOTIVE SERVICE STATIONS SELLING CAR RADIOS (CONTINUED) After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to abate the penalty for the past two years in the amount of $13.76 to J. C. Penny Company. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF ALAN COBB, SR. TO THE ABC BOARD Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to appoint Alan Cobb, Sr. to fill the unexpired term of George H. Sperry expiring June 30, 1985. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF COUNTY COMMISSIONERS TO SERVE ON VARIOUS COMMITTEES AND BOARDS After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to appoint the following Commissioners to serve on the following boards and committees: Airport Commission Board of Health Southeastern Mental Health Center Hospital Board of Trustees Offender Aid & Restoration Port, Waterway & Beach Commission Board of Social Services Aging Advisory Committee (COG) Southeastern Economic Develop. Commission Military Affairs Committee Clean Community Commission Transportation Advisory Committee Council of Governments Community Schools Advisory Committee Committee of 100 John Dolan Nolan O'Neal Joe Barfield Nolan O'Neal Joe Barfield Nolan O'Neal Fred Retchin Joe Barfield Claud O'Shields John Dolan John Dolan Fred Retchin Fred Retchin Joe Barfield Claud O'Shields ENDORSEMENT OF DON BETZ TO SERVE ON THE AGING ADVISORY COMMITTEE - COUNCIL OF GOVERNMENTS Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to endorse the reappointment of City Councilman Don Betz to serve on the Aging Advisory Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS APPROVAL TO PAY EXPENSES FOR COMMISSIONER BLAKE WHILE STILL SERVING ON THE FARMLAND PRESERVATION COMMITTEE FOR THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve payment of expenses for Commissioner Blake who is still serving on the Farmland Preservation Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF NAMING THE OOORTHSIDE SCHOOL AFTER DOROTHY JOHNSON Commissioner Barfield requested a resolution be written requesting the Board of Education to name the Northside School after Dorothy Johnson. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to write a resolution requesting the naming of the Northside School after Dorothy Johnson. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XII, Page 27. I'-.. 745 MINUTES OF REGULAR MEETING, DECEMBER 3, 1984 (CONTINUED) ADDITIONAL ITEMS - COUNTY MANAGER I DISCUSSION OF JOINT MEETING WITH CITY COUNCIL FOR PRESENTATION OF TOURISM STUDY BY LYNN HILL AND ASSOCIATES County Manager Cooper stated he had been contacted by Lynn Hill stating she would like a joint work session with the City and County for presentation of the Tourism Report before release to the general public. After discussion, it was the consensus of the Board to have a joint meeting on January 28, 1985, at 9:00 o'clock A.M. in the Assembly Room of the County Administration Building. DISCUSSION OF N. C. ASSOCIATION OF COUNTY COMMISSIONERS LEGISLATIVE GOALS CONFERENCE County Manager Cooper announced the Legislative Goals Conference would be held on January 16-17, 1985, in High Point, North Carolina, encouraging all Commissioners to attend. DISCUSSION OF COUNTY AND CITY USE OF SEWER AND WATER SYSTEMS County Manager Cooper stated he had met with City Manager Bill Farris to discuss the City and County working more closely on an administrative level on water and sewer issues. He stated he had contacted the manager of Forsyth County who had arranged a meeting of the Utility Commission operating in that County to discuss problems involved in this area. He requested at least one elected official to attend this meeting to be held on Thursday, December 20, 1984, in Winston-Salem , North Carolina, stating the City Manager and Councilmen were planning to attend. I REPORT ON HOME HEALTH PROGRAM County Manager Cooper stated Bob Parker, Director of the Health Department, had requested to make a progress report on the Home Health Program stating this item would be placed on the December 17, 1984, agenda. APPROVAL OF REQUEST BY CHAMBER OF COMMERCE FOR MAILING LABELS County Manager Cooper stated the Chamber of Commerce, who supports the Youth Employment Service, had contacted the County requesting use of the Tax Office Data Processing listing for labels of businesses throughout New Hanover County. After discussion, it was the consensus of the Board to allow the Tax Department to prepare a list for the Chamber of Commerce. DISCUSSION OF RETREAT County Manager Cooper commented on a working retreat stating there were about eight or ten major issues that need to be addressed before budget time. He requested the guidance of the Board as to whether to hold a retreat in town or out of town. After discussion, it was the consensus of the Board to have the County Manager to plan and work out logistics for a retreat to be presented at the next meeting. I ADJOURNMENT Commissioner Barf ield MOVED, SECONDED by Commissioner O'Shields to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 11:30 o'clock P.M. ~es. ectfully sUb.mitted, '/y/~ Lu ie F. Smith Clerk