Loading...
1985-01-07 Regular Meeting 759 MINUTES OF REGULAR MEETING, JANUARY 7, 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 7, 1985, at 7:00 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. I Members present were: Commissioners John Dolan~ Fred Retchin ~ Claud 0' Shields, Jr. ~ Vice-Chairman Jonathan Barfield, Sr. ~ Chairman Nolan 0' Neal ~ As sistant County Manager, Mary Gornto~ County Attorney, Robert W. Pope~ and Clerk to the Board, Lucie F. Harrell. Reverend Billy Peele, Pastor of the Oleander/Devon Park United Methodist Church, gave the invocation. APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Regular Meeting of December 3, 1984, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Regular Meeting of December 17, 1984, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. I DISCUSSION OF ITEM 15 - THOROUGHFARE SYSTEM FOR THE COLLEGE ACRES NEIGHBORHOOD Chairman O'Neal commented on Item No. 15 stating that the plan would not be adopted tonight since a Public Hearing was scheduled for Tuesday, January 8, 1985, at 7:30 P.M. After discussion, it was the consensus of the Board to hold the Public Hearing giving the public an opportunity to speak before making a decision. 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. No one commented. APPROVAL OF CONSENT AGENDA Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Resolutions for Addition of Roads to State Secondary Road System The Commissioners adopted resolutions approving the addi tions of the following roads to the N. C. State Maintained Secondary Road System: I Millbrook Sub., Sec. 7A - (Div. File #518-N) Brookview Drive - (Div. File #513-N) Hermitage Rd., Extension of SR1333 (Division File #504-N) Bradley Pines Dr. - (Div. File #505-N) Copies of resolutions are contained in Exhibit Book XII, Page 31. Approval of 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: CBA Funds - Movement of funds from Police Dept. Debit - #11 5855 570, Wil. Police Dept. $1,925 Credit - #11 5851 570, Drug Abuse CBA $ 645 #11 5854 570, Youth Help, Inc. CBA 460 #11 5861 570, OAR 820 760 MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Low Bid for Landfill Cell Construction Cell i2 - Engineering The Commissioners awarded the low bid for Landfill Cell Construction for Cell #2 to M.W.M. Contracting Corporation for Contract A and B in the amount of $618,575 authorizing the Chairman to execute the contracts with approval of the following Budget Amendment: Debit - 70 3990 990, Landfill Credit - 70 4710 660, Construction Expense $442,000 $442,000 Approval of Proposal from Soil and Materials Engineers - Landfill Construction - Cell #2 - Engineering The Commissioners approved the proposal from Soil and Materials Engineers to perform soil testing services for the construction of Cell #2 at an estimated cost of $7,225 and authorized contracting with Soil and Materials Engineers for the services. Approval of Budget Amendment - New Hanover County Board of Education The Commissioners approved a Budget Amendment presented by The Board of Education to appropriate additional funds made available via State source in the amout of $81,811 with execution of a joint Resolution by the Chairman for this increase in their current budget. A copy of the resolution is contained in Exhibit Book XII, Page 32. Approval of Engineering Budget Amendment - Hurricane Debris Removal - The Commissioners approved the following Budget Amendment to allocate funds received from FEMA Grants for Hurricane Debris Removal: Debit - 11 3433 220, FEMA Grants $25,000 Credit - 11 4330 395, Hurricane Debris Removal $25,000 Approval of Budget Amendment - Steam Plant The Commissioners approved the following Budget Amendment to allocate Tipping Fee Revenues for Landfill Expenses: Debit - 71 3471 412, Tipping Fee Revenue Credit - 71 4720 377, Landfill Expenses $44,000 $44,000 Award of Low Bid to Hodges Electric Company - Lighting for Cape Fear Optimist Park - Parks & Recreation The Commissioners awarded the low bid in the amount of $20,100 to Hodges Electric Company for lighting of Cape Fear Optimist Park. PUBLIC HEARINGS Notice had been given that a Public Hearing would be held by the Board of Commissioners of New Hanover County on Monday, January 7, 1985, 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: '- 761 MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED) I PUBLIC HEARING TO CONSIDER REZONING A PORTION OF A PARCEL (100 X 842) APPROXIMATELY 23.8 ACRES LOCATED ON THE NORTH SIDE OF MARKET STREET EAST OF THE WILMINGTON CORPORATE LIMITS Planning Director Hayes gave background information on the rezoning request stating the Planning Staff and Planning Board recommended approval requesting acceptance of their recommendations unless someone is present to speak in opposition. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. Commi s sioner Barf ield MOVED, SECONDED by Commi s sioner Retchin to approve the rezoning request as recommended by the Planning Staff and 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 9A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972, is contained in Zoning Book I, Page 33. PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 29 ACRES, LOCATED ON THE NORTH SIDE OF WRIGHTSVILLE AVENUE 316 FEET EAST OF THE INTERSECTION OF WRIGHTSVILLE AVENUE AND NEW MILITARY ROAD FROM R-15 RESIDENTIAL TO R-IO RESIDENTIAL Planning Director Hayes requested acceptance of the Planning Board and Planning Staff recommendations unless their was someone present who was in opposition to the rezoning request. Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. No one commented. I Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the recommendations of the Planning Board and Planning Staff to rezone the property. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 2 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15, 1969, is contained in Zoning Book I, Page 33. PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL TO REZONE PROPERTY APPROXIMATELY TEN ACRES LOCATED DIRECTLY EAST OF SILVA TERRA SUBDIVISION FROM R-15 RESIDENTIAL TO R-IO RESIDENTIAL Planning Director Hayes gave background information on the appeal stating the Planning Board recommended denial due to the fact that development of higher density zoning classification would pose an unnecessary traffic problem in the subdivision stating there was not any ingress and egress provisions to a major thoroughfare or collector road. He stated the Planning Board voted 7-0 to deny the request. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The follo~ing persons commented: I Mr. Jim Price, representing Central Properties, commented on erroneous assumptions by the Planning Board stating the property was not a part of any subdivision and that most of the area behind the property was zoned R-IO. He respectfully requested consideration of the County Commissioners to rezone the property. Mr. Alex Malpass, a propety owner, commented on the best use of the property. Chairman O'Neal asked if anyone present wished to speak in opposi tion to the re zoning request. The follow ing persons commented: 762 MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL FOR TEN ACRES LOCATED IN SILVA TERRA SUBDIVISION (CONTINUED) Mr. Tim Durham, commented on the traffic problem already existing in the area stating additional traffic would be a safety hazard to the children in the community requesting denial of the rezoning request. He presented pictures of the property in question. After a period of rebuttal by Mr. Malpass and Mr. Durham, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to deny the rezoning request upholding the decision of the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL TO REZONE PROPERTY APPROXIMATELY 15,662 SQUARE FEET LOCATED ON THE NORTH SIDE OF WRIGHTSVILLE AVENUE, WEST OF THE EASTWOOD ROAD/WRIGHTSVILLE AVENUE INTERSECTION FROM R-15 RESIDENTIAL TO B-1 BUSINESS Planning Director Hayes gave background information on the denial of the rezoning request by the Planning Board stating prior to October 1983, the parcel was rezoned, along with nine other lots within the triangle between Wrightsville Avenue and Eastwood Road to R-15 Residential. He stated it was determined at that time the existing residential development characteristic of the area should be retained and encouraged to remain. He emphasized the tremendous pressures to develop the area for commercial, office and institutional uses commenting on the traffic congestion at the present time. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following persons commented: Mr. George Rountree, Attorney representing the petitioners, Mr. Oran S. and Emelia Hinton and Mr. Lee A. Debnam, commented on the best use of the property stating his clients had been offered $100,000 for their property with the approved zoning and were willing to sell since all surrounding property had become commercial and the quality of living was poor for residential use. He stated Mr. Debnam, the purchaser, was planning to construct a real estate office. Commissioner Barfield asked if the property could be zoned 0 & I which would be more in keeping with the Land Use Plan. Mr. Rountree stated this would be agreeable. County Attorney Pope advised the best route to follow would be to readvertise the Public Hearing since the Public Notice had been advertised for B-1 Zoning. Mr. James Hinton, the son of Mr. & Mrs. Hinton, commented on the fact that his parents have lived in this location for 50 years explaining the transition that had occurred from a rural area to a commercial area. He requested consideration of the Board to rezone this property to B-1 presenting letters of support from all residents of ajoining properties. Mrs. Emelia Hinton commented on the need for she and her husband to sell requesting consideration of the Board. Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning. The following persons commented: Mrs. Edward Southerland stated she and her husband had lived on their property for 50 years and were trying to preserve a quality of life and continue to live there. She strongly urged the Board to uphold the denial of the Planning Board stating approval of the rezoning request would destroy the area. Mr. Southerland commented on the traffic problem already existing. '- 763 MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER APPEAL OF DENIAL OF REZONING FROM R-15 TO B-1 - WRIGHTSVILLE AVENUE AND EASTWOOD ROAD (CONTINUED) I Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to deny the rezoning and uphold the decision of the Planning Board. Due to a substitute motion and the vote not being called, the motion failed. Commissioner Dolan commented on the fact that property in this area was already being used as commercial. After a lengthy discussion of whether to rezone O&I or B-2 and the legal ramifications involved, Commissioner O'Shields made a substitute motion, SECONDED by Commissioner Retchin to rezone the property to B-1 as requested by the appellant. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner Retchin Commissioner O'Shields Voting Noe: Commissioner Barfield Chairman O'Neal A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 2 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15, 1969" is contained in Zoning Book I, Page 33. I BREAK Chairman O'Neal recessed the meeting for a break from 8:30 o'clock to 8:55 o'clock P.M. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF MIDDLE SOUND LOOP ROAD, 1.70 ACRES IN SIZE FOR A MOBILE HOME Planning Director Hayes and Planner Avery presented slides and gave background information discussing the four general requirements stating they had been met. 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: Mr. Forest Riggs Mr. James Cook Chairman O'Neal asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following person commented: I Mr. Forest Riggs, the petitioner, stated he had requested the Special Use Permit in order to allow his son to place a mobile home on this property until he could build a house. Chairman O'Neal asked Mr. Riggs if he concurred with the facts and findings presented by the Planning Staff. Mr. Riggs stated he concurred with the presentation. Chairman O'Neal asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. The following persons commented: Mr. James Cook, an adjacent property owner, expressed concern for the devaluation of his property by allowing mobile homes in this area. After questions and answers by the Commissioners, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the issuance of a Special Use Permit as follows. Upon vote, the MOTION CARRIED UNANIMOUSLY. 764 MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT - MOBILE HOME - MIDDLE SOUND LOOP ROAD AN ORDER GRANTING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having held a Public Hearing on Monday, January 7, 1985, to consider application number #S-235 1/85 submitted by Forest Riggs, a request for a Special Use Permit to use the property located on the southside of Middle Sound Loop Road east of Brandywine Subdivision, 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: 1. The County Commissioners FIND as a FACT that all the specific requirements set forth in Section 72-27 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance~ namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. The New Hanover County Health Department has issued a septic tank permit for sewage disposal on the property. b. The petitioners will use an existing well to service the proposed mobile home. 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 proposed mobile home is a special use in the R-20 Residential District. b. The property is 1.70 acres in size and despite the presence of an existing single family structure, ample area is provided for the mobile home. c. Adequate ingress and egress is provided via Middle Sound Loop Road and adequate space for parking is provided. d. All side, front and rear yard requirements are satisfied. 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 in the general area is sparsely developed and would be classified as rural on the Land Classification Map. b. A mobile home is presently located on a lot adjacent to and directly south of the lot in question. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed '- 765 MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PLACEMENT OF MOBILE HOME - MIDDLE SOUND LOOP ROAD I 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 as noted is classified as rural and County Policies for Growth and Development provide that rural areas be maintained as low density residential areas, rural communities, open space lands, farms, and other uses deemed compatible with the policy's intent. b. The mobile home if located as proposed would be in harmony with the area and in general conformity with the plan of development for the County. 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 the 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 Permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c. Other: Compliance with Federal, State and local regulations. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF CAROLINA BEACH ROAD AND SILVA TERRA DRIVE FOR A CONVENIENCE FOOD STORE Planning Director Hayes and Planner Avery presented slides and gave background information on the issuance of the Special Use Permit stating the request met the four general requirements. 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: I Ms. Nancy Williamson Mr. Randy Johnson Ms. Barbara Jackson Mr. Tim Durham Chairman O'Neal asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following person commented: Ms. Nancy Williamson, representing Panty Food Stores, gave background information on the type of facility to be placed on the property requesting approval of the issuance of the Special Use Permi t and concurring wi th the facts presented by the Planning Staff. Chairman O'Neal asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. The following persons commented: 766 MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PLACEMENT OF CONVENIENCE STORE ON CORNER OF CAROLINA BEACH ROAD AND SILVA TERRA DRIVE (CONTINUED) Mr. Randy Johnson commented on the fact that approximately four convenience stores existed within a half-mile radius expressing concern for the additional traffic if the store is constructed. Mr. Tim Durham pointed out the number of children that live on Silva Terra Drive and the amount of traffic that would be generated by construction of the store. He urged the Commissioners not to approve the Special Use Permit. After a lengthy discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the Special Use Permit with the following conditions: 1. Require a commercial dumpster being screened from view by a wooden fence. 2. That the existing sign for the entrance to Silva Terra Subdivision remain. Upon vote, the MOTION CARRIED UNANIMOUSLY approving issuance of the following Special Use Permit. AN ORDER GRANTING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having held a Public Hearing on Monday, January 7, 1985, to consider application number #S-236 1/85 submitted by the Panty, Inc., a request for a Special Use Permit to use the property located at the northwest corner of Silva Terra Drive and Carolina Beach Road for a Convenience Food Store, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: I. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-4 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance~ namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. Septic tank has been provisionally approved by the Health Department. b. Cape Fear Utilities, Inc. has agreed to provide water service to the site. c. Fire protection services are available to the site provided by the Myrtle Grove Volunteer Fire Department. d. Access to the site will be via Silva Terra Drive~ a residential collector, and by Carolina Beach Road, a major thoroughfare. DOT has reviewed these access points and approved them subject to recommended modifications. 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: i'-.. 767 MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PLACEMENT OF A CONVENIENCE STORE ON THE CORNER OF SILVA TERRA DRIVE AND CAROLINA BEACH ROAD (CONTINUED) I a. Convenience food stores are a permitted special use in the R-15 Residential District. b. The proposed use according to the site plan as submitted meets all lot area, building size and setback requirements of Sections 52-5 and 74-4 of the Zoning Ordinance. Additionally, parking spaces will be provided (8 in all) according to Section 81-1 and the pump island is designed in accordance to Section 72-4 (7). c. The proposed use will not be located within the interior of a subdivision. 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: I a. The proposed use will be located on a corner lot 1.37 acres in size. Properties to the north are vacant, while properties directly west and south are developed for single family residential purposes. Carolina Beach Road, a four lane divided highway, fronts the property to the east. b. There is approximately 300 feet between the proposed building and the rear lot line, thus providing ample room for visual separation and required plantings. 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 site, although located very close to an existing subdivision, does front along a major four lane road and would be typical of the type of development found along such roadway. b. The property is classified as transitional on the County's Land Classification Map. County Policies for Growth and Development encourage future intensive urban development. 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 the SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b. If any of the conditions imposed by this Special Use Permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. ..... 768 MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR CONVENIENCE STORE ON CORNER OF SILVA TERRA DRIVE AND CAROLINA BEACH ROAD (CONTINUED) c. Other: 1. 2. All other Federal, State and local regulations. Require commercial dumpster be screened from view with wooden fence. Require removal of all underground storage tanks upon cessation of use of property, and The existing sign for the entrance to Silva Terra Subdivision is to remain. 3. 4. DISCUSSION OF PRESERVATION OF TUGS OR SINKING OF TUGS Mr. Meares Harriss appeared before the Commissioners requesting transfer of funding in the amount of $5,000 approved at the Board Meeting of December 3, 1984, to purchase concrete and scrap metal from the Old Cape Fear River Bridge stating this project had fallen through and he would like to use the money for removal of the tugs donated by Stone Towing Company to the Wrightsville Beach King Mackerel Tournament, Inc. stating the tugs would be held until January 18, 1985, before being sunk in order for various groups to preserve them. He then introduced Ms. Angela Barnett who gave background information on the preservation of the tugs. Mr. Harris requested an additional $25,000 for preservation of the tugs. After a lengthy discussion on preservation of the tugs and the costs involved, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to transfer funding in the amount of $5,000 to support the Artifical Reef Program contingent that the tugs will be held until January 18, 1985, before sinking giving an opportunity for various groups to preserve at least one tug. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman O'Neal recessed the meeting for a break from 10:10 o'clock P.M. to 10:30 o'clock P.M. APPROVAL OF RESOLUTION OF INTENT TO CLOSE A PUBLIC ROAD -OLD WILMINGTON TO POCOMOKE ROAD After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the Resolution of Intent to close a Public Road being a section of Old Wilmington to Pocomoke calling for a Public Hearing to be held on Monday, February 4, 1985, at 7:00 o'clock P.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution of Intent is contained in Exhibit Book XII, Page 34. APPROVAL OF RESOLUTION OF INTENT TO CLOSE A PUBLIC ROAD BEING A SECTION OF NASSAU ROAD LOCATED BETWEEN JAMAICA DRIVE AND BERMUDA DRIVE After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve a Resolution of Intent to close a Public Road being a section of Nassau Road located between Jamaica Drive and Bermuda Drive. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution of Intent is contained in Exhibit Book XII, Page 34. "- 769 I MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED) I PRESENTATION OF THOROUGHFARE SYSTEM FOR THE COLLEGE ACRES NEIGHBORHOOD AS RECOMMENDED BY THE WILMINGTON AREA TRANSPORTATION ADVISORY COMMITTEE Mr. Mark Arhendsen, representing the Wilmington Area Transportation Advisory Committee, made a presentation and gave an explanation of the Thoroughfare Syst~m proposed for the College Acres Neighborhood. He stated the Transportation Advisory Committee had worked many hours in preparing this plan and he felt it was the best solutio~ to this problem. After a lengthy discussion, Board to take no action since the on Tuesday, January 8, 1985, at Acres Elementary School. it was the consensus of the Public Hearing was to be held 7:30 o'clock P.M. at College Chairman O'Neal expressed appreciation to Mr. Arhendsen for his presentation and asked him to be present at the Public Hearing to be held on January 8, 1985. BREAK Chairman O'Neal recessed the meeting for a break from 11:10 o'clock P.M. to 11:14 o'clock P.M. I APPROVAL OF FUNDING REQUEST IN THE AMOUNT OF $2,500 FOR SOUTHEASTERN SICKLE CELL ASSOCIATION, INC. Mr. Reco Wallace, Director of the Southeastern Sickle Cell Association, Inc., appeared before the Board to request funding in the amount of $5,000 for purchase of equipment and educational materials to educate the public about Sickle Cell Anemia. He stressed the importance of making the public aware of this disease. Commissioner Barfield urged the Board to support this funding request stressing the importance of keeping this disease under control. After a lengthy discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the funding request in the amount of $2,500 for the first six months recommending a request for the remaining $2,500 be presented for consideration in the 1985-86 County Budget. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF REQUEST FROM NEW HANOVER MEMORIAL HOSPITAL TO FUND $35,000 FOR CONSTRUCTION OF A STREET Mr. Peter Davis, a member of the Board of Trustees of New Hanover Memorial Hospital, appeared before the Board requesting the County to provide additional funds in the amount of $35,000 to cover half the cost of the souths ide of the street construction bordering County property now used by the Mental Health Center and Health Department to be used for access to the planned psychiatric treatment facility. He gave background information on the new facility to be constructed. I After a lengthy discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to support this project with an intent to consider the allocation of these funds in the County's 1985-86 Budget. Upon vote, the MOTION CARRIED UNANIMOUSLY. RATIFICATION OF REAPPOINTMENT OF MINNIE WILLIAMS AND RATIFICATION OF APPOINTMENT OF MR. JOHNSON HOOPER, JR. TO SERVE ON THE HUMAN RELATIONS COMMISSION Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to ratify reappointment of Mrs. Minnie B. Williams to serve a three-year term expiring December 31, 1987, on the Human Relations Commission as a Member at Large and to ratify the appointment of Mr. Johnson Hooper, Jr. to serve an unexpired term expiring December 31, 1985, on the Human Relations Commission representing the NAACP. Upon vote, the MOTION CARRIED UNANIMOUSLY. --"'II 770 MINUTES OF REGULAR MEETING, JANUARY 7v 1985 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS INVITATION EXTENDED TO ATTEND A MEETING OF THE GREENSBORO/HIGH POINT AIRPORT AUTHORITY Commissioner Dolan extended an invitation for the Commissioners attending the Legislative Goals Conference in High Point, North Carolina, to attend a Special Meeting called by the Greensboro/High Point Airport Authority on Thursday, January 17, 1985, at 2:30 o'clock P.M. in the Conference Room of the Airport. DISCUSSION OF COMMUNICATION BETWEEN COMMISSIONERS SERVING ON VARIOUS BOARDS AND COMMITTEES Commissioner Barfield expressed concern for hearing about important issues from the general public before being informed by fellow Commissioners serving on various boards and committees recommending better communications between the Board Members. CHANGE OF CLERK'S NAME The Clerk to the Board reported that she had remarried and her name had been officially changed to Lucie F. Harrell requesting the record to reflect that Lucie F. Harrell and Lucie F. Smith are one and the same person. ADDITIONAL ITEMS - ASSISTANT COUNTY MANAGER DISCUSSION OF AGENDA FOR RETREAT Assistant County Manager Gornto distributed the Agenda for the Retreat to be held on January 24, 25, & 26, 1985. She requested perusal by the Commissioners and any recommended changes or additions to be reported to the County Manager's office by Friday, January 11, 1985. CANCELLATION OF MEETING ON JANUARY 28v 1985, WITH LYNN HILL & ASSOCIATES TO JANUARY 29v 1985 Assistant County Manager Gornto stated the joint meeting with the Wilmington City Council scheduled for January 28, 1985, for Lynn Hill & Associates to present the Tourism Study had been cancelled requesting rescheduling to Tuesday, January 29, 1985, at 4:00 P.M. It was the consensus of the Board to reschedule the meeting for Tuesday, January 29, 1985, at 4:00 P.M. with the place to be decided at a later date. ADJOURNMENT Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to ad journ the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 12:00 midnight. )YJp~c~~ed · ~ F. Harrell Clerk r ~