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HomeMy WebLinkAbout1983-08-01 Regular Meeting 350 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 1, 1983, at 7:00 o'clock P.M. in the Assembly Room, New Hanover Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake, Nolan O'Neal, Claud O'Shields, Jr., Chairman Karen E. Gottovi, Assistant County Manager Gary Cannon; County Attorney Robert W. Pope and Clerk to the Board Lucie F. Smith. Chairman Gottovi called the meeting to order. Reverend Daniel B. O'Leary, Pastor of All Saints Episcopal Church, gave the invocation. APPROVAL OF MINUTES OF REGULAR MEETINGS, JULY ~ 1983 AND JULY 11, 1983 --- Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Regular Meeting of July 5, 1983, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Regular Meeting of July 11, 1983, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the Consent Agenda as follows. Upon vote, the MOTION CARRIED UNANIMOUSLY. ANNUAL CERTI~ICATION OF FIREMEN The Commissioners approved the annual certification of firemen to the N. C. Firemen's Pension Fund for the following volunteer fire departments: New Hanover County Airport Crash Fire Rescue Myrtle Grove Volunteer Fire Department Sea Gate Volunteer Fire Department South Wilmington Volunteer Fire Department Ogden Volunteer Fire Department Wrightsboro Volunteer Fire Department A copy of the certifications are contained in Exhibit Book X, Page 34. LIMITED INSPECTION AGREEMENT = NEW HANOVER COUNTY/TOWN OF CAROLINA BEACH Chairman Gottovi was authorized to execute an agreement amending the existing contract wi th Carolina Beach to encompass any future projects concerning highrise inspections. A copy of the amended Agreement is on file in the County Manager's Office. PROJECT ORDINANCE - AIRPORT HANOVER COUNTY AIRPORT The Commissioners approved a Amendment as follows for the the completion of the Airport Project: IMPROVEMENT PROJECT - NEW Project Ordinance and Budget appropriation of revenue for Improvement Program (AlP) 01 Debit - Acct. #69 3455 261, Federal Aviation Admin. $248,220 #69 3455 361, N.C. DOT Aeronautics Council 13,790 #69 3986 920, Transfer from Airport 13,790 Credit - Acct. #69 4550 323, Engineering Contract $ 74,300 '- 351 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) PROJECT ORDINANCE - AIRPORT IMPROVEMENT PROJECT (CONTINUED) I #69 4550 624, #69 4550 326, #69 4550 621, #69 4550 622, Inspection Servo Contract Surveying Non-Destructive Testing Contract Construction Testing Contract Construction Contract Contingencies 8,180 1,500 12,000 #.69 4550 623, #69 9800 911, 1,000 173,320 5,500 A copy of the Project Ordinance is contained in Exhibit Book X, Page 35. JUDICIAL BUILDING CHANGE ORDERS G-8 and G-9 - ENGINEERING DEPARTMENT The Commissioners approved Change Order G-8 in the amount of $1,019 for a limestone siding sign with the title, "NEW HANOVER COUNTY JUDICIAL BUILDING" and Change Order G-9 in the amount of $13,000 for closing the rear of the red brick courthouse with the following Budget Amendment: Debit - Acct. #48 9800 911, Contingencies Credit - Acct. #48 4708 621, General Contractor $14,019 $14,019 I APPLICATION FOR STATE AID TO PUBLIC LIBRARIES - N. C. - -- --- DEPARTMENT OF CULTURAL RESOURCES - NEW HANOVER COUNTY - -- LIBRARY The Commissioners authorized the Chairman to execute an application for state aid in the amount of $95,178 for the New Hanover County Public Library. A copy of the application is on file in the County Manager's Office. RESOLUTION - SALE OF SURPLUS PROPERTY The Commissioners adopted a resolution to accept offers to purchase two (2) lots for the sum of $1,380 representing an ad valorem tax value of $2,060 as of 1983 with the offers to purchase being duly advertised for upset bid. The properties involved are 709 Kidder Street and Ann Street. A copy of the Resolution is contained in Exhibit Book X, Page 35. RESOLUTION - LAND RECORDS MANAGEMENT GRANTS The Commissioners adopted a resolution for financial assistance under the North Carolina Land Records Management Program in the amount of $12,612.50 in matching funds for the following two projects: Standardized System of Parcel Identifiers Automation of Land Records I Total Cost $15,390 9,835 $25,225 DESIGNATION OF EMPLOYEES IN PUBLIC LIBRARY RECOMMENDED FOR - - --- APPOINTMENT BY THE COUNTY BOARD OF ELECTIONS TO REGISTER -- VOTERS The Commissioners recommended the following employees to serve as voter registras for appointment by the Board of Elections: Ms. Barbara Mason (Main Library) Ms. Angela Sparrow (Main Library) Ms. Rebecca Taylor (College Square Branch) Ms. Marsha Goslee (Carolina Beach Branch) 352 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) RESOLUTION - APPOINTMENT OF ACTING TAX ADMINISTRATOR The Commissioners adopted-a resolution appointing Assistant County Manager Gary M. Cannon as acting Tax Administrator until such time as the Commissioners appoint a Tax Administrator, or 90 days from the date hereof, whichever comes sooner. A copy of the resolution is contained in Exhibit Book X, Page 35. BUDGET AMENDMENT - SHERIFF'S DEPARTMENT ~ INSURANCE PROCEEDS The Commissioners-approved the following-Budget Amendment in the amount of $6,950 for insurance proceeds from wrecked vehicles: Debit - Acct. #11 3390 890, Miscellaneous Revenue Credit - Acct. #11 4311 640, Capital Outlay $6,950 $6,950 BUDGET AMENDMENT = NEW POSITIONS, ACCOUNTING TECHNICIAN III AND RECLASSIFICATION OF ACCOUNTING SUPERVISOR'S POSITION TO ACCOUNTANT I The Commissioners approved the following Budget Amendment in the amount of $2,009 for a new Accounting Technician III position at Salary Range 64 and reclassification of the Accounting Supervisor's position to an Accountant I at Salary Range 71. Debit - Acct. #11 9800 911, Contingencies Credit - Acct. #11 4131 100, Salaries and Wages #11 4131 210, FICA #11 4131 221, Retirement $2,009 1,746 117 146 REALLOCATION OF POSITIONS FORMERLY WITH WILMINGTON-NEW -- HANOVER SERVICES FOR THE AGING The Commissioners-approved the following Budget Amendment transferring funds between the Finance Department, County Manager's Office and New Hanover County Services for the Aging Department to reallocate positions that were formerly with the Wilmington-New Hanover Services for the Aging: Debit - Acct. #11 4131 100, Salaries & Wages $ 5,523 #11 4131 210, FICA 372 #11 4131 221, Retirement -0- #11 4131 230, Group Insurance 720 #11 4121 100, Salaries & Wages 16,140 #11 4121 210, FICA 1,000 Credit - Acct. #11 4131 100, Salaries & Wages 13,452 #11 4131 210, FICA 905 #11 4131 221, Retirment 1,123 #11 4131 230, Group Insurance 660 #11 5820 100, Salaries & Wages 5,523 #11 5820 210, FICA 372 #11 5820 230, Group Insurance 720 #11 4131 640, Capital Outlay 1,000 AMENDMENT OF BY-LAWS - BOARD OF TRUSTEES OF THE NEW HANOVER COUNTY MUSEUM The Commissioners approved amended By-Laws for the Board of Trustees of the New Hanover County Museum. A copy of the amended By-Laws are on file in the Clerk's Office. AWARD OF BID = WHITEVILLE MECHANICAL CONTRACTORS, INC. - BOILER REPLACEMENT NEW HANOVER COUNTY ADMINISTRATION~X BUILDING The Commissioners awarded a contract to the low bidder, Whiteville Mechanical Contractors, Inc. in the amount of $11,670 for installation of the boiler in the County Administration Annex Building. '" 353 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) AWARD OF BID - BOILER REPLACEMENT - ADMI-NISTRAT-ION BUILDING ANNEX (CONTINUED) A copy of the Resolution and Agreement are contained in Exhibit Book X, Page 36. I AWARD OF BID - MORGAN SALES & ASSOCIATES - COMPUTER ROOM AIR --- - -- CONDITIONING - DATA PROCESSING _ The Commissioners awarded a contract to the low bidder, Morgan Sales & Associates in the amount of $10,639 for the purchase and installation of an air-conditioning unit for the Cqmputer,Room. A copy of the Resolution and Agreement are contained in Exhibit Book X, Page 36. BUDGET AMENDMENT - JUDICIAL BUILDING FURNISHJ:NGS AND TELEPHONE SYSTEM The Commissioners authorized the County Manager to purchase furni ture for the Judicial Building from the City of Wilmington utilizing the Interlocal Purchasing Agreement. The Commissioners approved the following Budget Amendment to cover the purchase of the furniture with the installation of the telephone system: I Debit - Acct. #11 3416 370, State Reimbursement $25,900 #11 9800 911, Contingencies 68,388 Credit - Acct. #11 4161 381, Telephone $47,400 #11 4161 421, Supplies & Materials 1,723 #11 4161 640, Capital Outlay 45,165 BUDGET AMENDMENT - REGISTER OF DEEDS - MAP COPIER The Commissioners-approved the following Budget Amendment in the amount of $8,472 using additional fees for the purchase of a new map copier: Debit - Acct. #11 3418 410, Register of Deeds Fees Credit - Acct. #11 4180 640, Capital Outlay $8,472 $8,472 RESOLUTION OF ENDORSEMENT FOR CONTINUATION OF THE NATIONAL - - -- ASSOCIATION FOR RETARDED CITIZENS ON-THE-JOB TRAINING PROJECT The Commissioners endorsed a resolution for the continuation of the On-The-Job Training Project of the National Association for Retarded Children for the special population of persons in New Hanover County. A copy of the Resolution is contained in Exhibit Book X, Page 36. NON-AGENDA ITEMS - GENERAL PUBLIC Chairman Gottovi asked if anyone present wished to speak on an item not listed on the agenda. No one commented. I SEWAGE DISPOSAL AGREEMENT = NEW HANOVER COUNTY, CITY OF WILMINGTON, AND TOWN OF WRIGHTSVILLE BEACH Engineering Director Hilton gave background information on the Northeast Interceptor Operation and Maintenance Agreement between New Hanover County, the City of Wilmington, and Town of Wrightsville Beach explaining that the purpose of the agreement is to designate responsibilities of the City, County and Town concerning the operation and maintenance of the Interceptor from and including the Wrightsville Beach pumping station at North Lumina Avenue and Parmele Boulevard to the influent box at the M'Kean Maffitt (Southside) Wastewater Treatment Plant on the River Road. He explained that due to an interlocal agreement at the origin of the project, that the City and County were co- owners of a segment of the system beginning at Bradley Creek running to the Souths ide Treatment Plant stating that at the present time the County is not prepared staff-wise to provide for the maintenance and operation of the system and that this 354 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) SEWAGE DISPOSAL AGREEMENT - NEW HANOVER COUNTY, WILMINGTON, AND TOWN OF WRIGHTSVILLE BEACH (CONTINUED) CITY OF agreement would permit the City to provide this service. He pointed out that a key issue of the agreement was the establishment of a Technical Committee consisting of the Public Works Director of the City of Wilmington, Public Works Director of the Town of Wrightsville Beach, and the Director of Engineering"and' Facilities"'for--the County stating that the purpose of the committee was to review technical standards and requirements for connecting to the system assuring proper quality and control over the system at all times. He stated that the agreement provided for three customers of the Interceptor, the City, County, and Town with other individuals or corporations wishing to use the system becoming a customer of one of the three mentioned entities. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve the Sewage Disposal Agreement. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner O'Shields stated that he had received a complaint from a gentleman living on Stonewall Jackson Drive with reference to the replanting of grass after completion of work by the County. Engineering Director Hilton stated that his staff is working on this problem and Pete Lewis, the Agriculture Extension Agent, had been contacted about this matter and hopefully the problem will be solved. A copy of the agreement is on file in the County Manager's Office. PUBLIC HEARING - STREET RENAMINGS Planning Director Hayes gave background information on the renaming of streets at Wilmington Beach stating that the U. S. Postal Service had made this request due to the duplication of street names in Carolina Beach. Chairman Gottovi asked if anyone present wished to speak in favor of the renaming of the streets. No one commented. Chairman Gottovi asked if anyone present wished to speak in opposition to this request. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to adopt the Ordinance with the deletion of Marlin Lane due to duplication, renaming the streets as presented and to come back to the Board with another name for Marlin Lane. Upon vote, the MOTION WAS CARRIED UNANIMOUSLY. A copy of the Ordinance is contained in Exhibit Book X, Page 37. PUBLIC HEARING TO CONSIDER A REQUEST TO MODIFY A CONDITION ATTACHED TO AN APPROVED SPECIAL USE PERMIT FOR PROPERTY LOCATED ON THE NORTHEAST SIDE OF CAROLJOfA BEACH ROAD (HIGHWAY 421), APPROXIMATELY 1,700 FEET NORTH OF MONKEY JUNCTION FOR A MEMBERSHIP SPORTS AND RECREATION CLUB Planning Director Hayes gave background information on the request explaining that the applicant had requested the Board to revise a condition attached to the Special Use Permit which had been previously approved on February 1, 1982, prohibiting the sale of alcoholic beverages on the premises of the softball complex. Chairman Gottovi asked the petitioner and any other persons present who wished to give testimony in favor of the request to step forward to be duly sworn in. The following person was sworn in: Mr. Bobby Benson, the petitioner Mr. Benson stated his reasons for requesting the sale of "- 357 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR A NURSING AND LIFE CARE FACILITY IN AN R-20 RESIDENTIAL DISTRICT (CONTlNUED)--- I the four general requirements subject to certain conditions with a 90 day period allowing no land disturbing activity to commence on the property in order that the N. C. State Division of Archives and History will have ample time to survey and test the si te to determine its eligibility for the National Register of Historic Places. Upon vote, the MOTION CARRIED UNANIMOUSLY approving an ORDER GRANTING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having held a public hearing on Monday, August 1, 1983, to consider application number S-211 8/83 submitted by Plantation Village, Inc., a request for a special use permit to use the property located at the northside of Porter's Neck Road; approximately 650 feet east of Jeanelle Moore Boulevard for a Nursing and Personal Care Facility in R-20, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-9 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. I 2. It is the County Commissioners' CONCLUSION that the proposed use will 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 North Carolina State Division of Health Services has given preliminary approval of three well sites for the project. (b) An 80,000 GPD on-site tertiary wastewater treatment system has received tentative approval from the State Division of Environmental Management. (c) Drainage plan has been reviewed by the County Engineer which will make use of open ditches and the existing pond to keep and maintain natural run-off at existing levels. (d) A central alarm system will be installed and connected from every dwelling unit to a staffed 24-hour nursing station. (e) Existing street capacity can handle the estimated daily traffic increase of 900 vehicles. I 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) Nursing and Personal Care Facilities are a permitted special use in the R-20 Residential District. (b) The basic minimum requirements (setbacks and building height) of the R-20 Residential District (Section 52 of the Ordinance) are satisfied. (c) Approximately one parking space per dwelling unit with additional spaces for employee and visitor parking are adequate for the elderly population. Off-street parking and loading requirements of Sections 80 and 81 of the Ordinance are satisfied. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in 358 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR A NURSING AND LIFE CARE FACILITY IN AN R-20 RESIDENTIAL DISTRICT (CONTINUED) 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) No adjoining or abutting property owner objects to the proposed facillity. (b) Additional nursing/health related facilities and personal care services are compatible with the existing nursing home facility. (c) All adjoining property is owned by the Champion McDowell Davis Foundation which is sponsoring the proposed Plantation Village. 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 life care campus should be in general harmony and character with the surrounding area and the existing retirement and nursing home facility. (b) The property is classified Rural on the County's Land Use Plan which encourages low density residential development not requiring urban services. (c) County policies for Growth and Development encourage multi-use centers and opportunities for the elderly (Policy 1.1(6)). (d) The proposed facility will employ approximately 125 persons and provide needed jobs for the community 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: (a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. (b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. (c) Other: 1. Allor a specified portion of public road (SR 1499) - Davis Nursing Home Road - shall be closed. 2. Connection to the County's sewer facilities shall be made within 180 days upon its availability to the property. 3. An alarm system shall be installed and connected directly to the County's 911 Emergency Control Dispatch System. 4. Sprinkler systems and fire extinguishers shall be installed in all hallways, staircases and exit corridors and each dwelling unit containing cooking facili ties shall be equipped wi th a portable emergency fire extinguisher. 5. Two fire truck access lines from the surrounding street system shall be provided to the pond area as well as the installation of dry hydrants around the perimeter of the pond to '" 355 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A .REQUEST TO MODIFY A CONDITI-ON ATTACHED TO AN APPROVED SPECIAL USE PERMIT - MEMBERSH-I.P SPORTS AND RECREATION CLUB (CONTINUED) I alcoholic beverages on the premises explaining that approval of this request would allow better control of the amount of alcoholic beverages consumed and provide sufficient income to hire personnel to clean-up the premises after the ballgames. Chairman Gottovi asked any persons present wishing to give testimony in opposition to request to step forward to be duly sworn in. The following persons were sworn in: Mr. Alton E. Wood Mr. F. H. Meredith Reverend Glenn Balser Mr. John Fitzpatrick Mr. Donald Bowden Mr. H. D. Clifton Mr. Mark Munden BREAK Chairman Gottovi recessed the meeting for a break from 8:00 o'clock P.M. to 8:15 o'clock P.M. PUBLIC HEARING - SPECIAL USE PERMIT MODIFICATION - MEMBERSHIP SPORTS AND RECREATION CLUB (CONTINUED) The following persons commented in opposition to the modification of the Special Use Permit: I Mr. Alton E. Wood Mr. F. H. Meredith Reverend Glenn Balser Mr. John Fitzpatrick Mr. Donald Bowden Mr. H. D. Clifton Mr. Mark Munden Mr. Alton Wood presented a letter from the Official Board of the United Advent Christian Church as Objector's Exhibit I for the record. Commissioner Barfield stated that he felt the permit should remain as issued until adequate time had passed to observe the impact of additional fields to the surrounding property owners and also the control of the fields explaining that Mr. Benson could reapply at a later date. After discussion, Commissioner Barfield MOVED, SECONDED by Chairman Gottovi to deny the modification of the Special Use Permit. Upon vote, the MOTION CARRIED UNANIMOUSLY. I BREAK Chairman Gottovi recessed the meeting for a break from 8:55 o'clock P.M. to 9:15 o'clock P.M. RECOGNITION OF FRANK WILLIAMS - BOY SCOUT Chairman-Gottovi recognized the presence of Frank Williams, a Boy Scout of Troop 265, who is working on merit badge in the field of communications. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 50ACRES, LOCATED ON THE NORTHSIDE- OF PORTER'S NECK ROAD (SR 1499) FOR A NURSING AND LIFE CARE FACILITY IN AN :R=2O RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the application for a Special Use Permit under Section 72-9 of the Zoning Ordinance for the construction of a Life Care Facility on a 50 acre site next to the Cornelia Davis Nixon Nursing Home at Porter's Neck. He stated that the proposed facility would be owned by Plantation Village, Inc., a non-profit organization 356 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT - NURSING AND LIFE CARE FACILITY IN AN R-20 RESIDENTI~DfSTRICT (CONTlNUED)- sponsored by the trustees of the Champion McDowell Davis Foundation with Life Care Services Corporation of Des Moines, Iowa, operating and managing the facility. Chairman Gottovi asked the petitioner and any other persons present who wished 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: Mr. Michael C. Brown Ms. Dorothy Forbes Mr. Stan Thurston Mr. William Ludwig Mr. John Jefferies Mr. William Bennett Mr. William Lynch Mr. Michael C. Brown appeared before the Commissioners giving background information and data on the Champion McDowell Davis Foundation and its Board of Trustees. Ms. Dorothy Forbes, President of Plantation Village, Inc., appeared before the Commissioners explaining that the facility would consist of approximately 304 apartment units with skilled nursing home facilities with Phase I of the project consisting of 152 apartments in four 35 unit structures and three 4 unit structures with common areas. She further stated that the proposal would include a central ki tchen and dining, lounge library, auditorium, multi-purpose room, exercise room, beauty shop, central emergency care facilities, and a maintenance garage for bus shuttle services. Phase II is to consist of another 152 apartments in four 35 unit structures and three 4 unit structures and a 60 bed skilled nursing health care center. Admittance will be by entrance endowment and a monthly fee will be assessed to cover services such as meals, transportation, housekeeping, jani tor ial laundry services, telephone, all utili ties and health care. Ms. Forbes stated that she had visited a facility such as this and that the quality of service and care was outstanding. She read a letter from Mr. Chester F. Jones, President of Porter's Neck Quality of Life Association, to be presented as Applicant's Exhibit I. Mr. Stan Thurston, Vice President of Life Care Services Corporation, explained the concept of life care services and its relationship to Plantation Village stating that this facility would employ approximately 125 full time employees. He stated that the approximate entrance fee for the smallest unit would be $50,000 and $90,000 for the largest unit with a monthly fee of $635 for the smallest unit and $900 for the largest unit stating that the entrance fee was based on the Return of Capital Plan whereby 90% of the money would go back to the estate in case of death or if the person moved out of the facility. Other persons testifying in favor of the issuance of the Special Use Permit were as follows: Mr. William Ludwick Mr. William Burnett Mr. John Jefferies Chairman Gottovi asked if anyone present wished to speak in opposition to the issuance of the permit. No one commented. Planning Director Hayes stated that he had been contacted by the N. C. State Division of Archives and History requesting to survey and test this site before disturbing the property. After discussion, Commissioner Blake MOVED, SECONDED by Commissioner O'Shields to approve the issuance of the Special Use Permit based on the conclusions of the FINDINGS OF FACT meeting I'-... 359 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR A NURSING AND LIFE CARE FACILITY IN AN R-20 RESIDENTIAL DISTRICT (CONTlNUED)-:- I facilitate fire fighting needs. 6. Skilled licensed nursing and health care services shall be required as a functional and integral part of the residential development to ensure the use of the property as a Nursing and Personal Care Facility. 7. Street lights and parking lot lights shall be installed. 8. No land disturbing activity may commence on the property within 90 days in order that the North Carolina State Division of Archives and History shall have an opportunity to survey and test the site to determine its eligibility for the National Register of Historic Places. 9. Compliance with all Federal, State and local codes and ordinances. I PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT TO - - -- ARTICLE V, SECTION 50-2 AND ARTICLE VII, SECTION 72-33 TO REMOVE SEPTAGE DISPOSAL AS A PERMITTED USE IN THE 1-2 INDUSTRIAL -- ---- DISTRICTS AND AS A SPECIAL USE IN R-15 RESIDENTIAL DISTRICTS Planning Director Hayes-gave background information on the Zoning Ordinance Text Amendment to Article V, Section 50-2 and Article VII, Section 72-33 to remove Septage disposal as permitted use in the 1-2 Industrial Districts and as a special use in R-15 Residential Districts stating that the Planning Staff recommended approval but that the Planning Board recommended to remove Septage disposal as special use in R-15 Residential Districts, but retain it as a permitted use in 1-2 Industrial Districts. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to remove Septage Disposal as a special use in R-15 Residential Districts and to make Septage Disposal a Special use in 1-2 Industrial Districts. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969, is contained in Exhibit Book X, Page 37. I PUBLIC HEARING TO CONSIDER AN APPEAL FOR REZONING PROPERTY - - APPROXIMATELY 10 ACRES, LOCATED ON THE SOUTHEAST CORNER OF SIDBURY AND BLUE--CLAY ROADS FROM A B-1 BUSINESS DISTRICT TO A R- --- --- --- IS RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the rezoning request of property approximately 10 acres located on the Southeast corner of Sidbury and Blue Clay Roads from a B-1 Business District to a R-15 Residential District stating that the original rezoning had been adopted on November 1, 1982 from R-15 Residential to a B-1 Business District stating that the Planning Board had previously recommended approval for the change from R- 15 to B-1 and recommended denial because the current property owner purchased the property under the condition that it be rezoned to B-1. Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning. The following person commented: Mr. Dale Williams, the petitioner Chairman Gottovi asked if anyone present wished to speak in opposition to the rezoning request. No one commented. After discussion, Planning Director Hayes stated that the owner of the property, Mr. Richard Baron, had not been notified of the appeal to rezone this property from B-1 to a R-15. After further discussion, Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to continue this item until the first 360 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL FOR REZONING PROPERTY - CORNER OF SIDBURY AND BLUE--CLAY ROAns-FROM A B-1 BUSINESS DISTRICT TO A R-15 RESIDENTIAL DISTRICT (CONTINUED) - meeting in September and for the Planning Department to notify the owner of the property. Upon vote, the MOTION CARRIED UNANIMOUSLY. POSTPONEMENT OF AGENDA ITEM 12 - PRESENTATION OF FEASIBI-LITY -- STUDY - HERITAGE, LTD. Chairman Gottovi stated that no items were heard after 10:00 0' clock P.M. and stated that the County Attorney had been contacted by the Local Government Commission with some concerns about this particular type of project. County Attorney Pope stated that he would furnish data about the concerns of the Local Government Commission and present this at the next meeting. After discussion, it was the consensus of the Board to postpone this item until the August 15 Agenda. ADDITIONAL ITEMS - COUNTY COMMISSIONERS INVITATION EXTENDED TO COMMISSIONERS TO ATTEND COURTHOUSE DEVELOPMENT TASK FORCE MEETING Commissioner--Blake extended an invitation to the Commissioners to attend a Courthouse Development Task Force meeting to be held on August 4, 1983, at 4:00 o'clock P.M. in the 5th Floor Conference Room of the New Hanover County Administration Building. He stated that a slide presentation and Status Report on the Courthouse rehabilitation would be presented. RESOLUTION = RENEWAL,OF HOSPITAL INSURANCE - WILMINGTON/NEW HANOVER INSURANCE ADVISORY COMMITTEE Commissioner O'Neal stated that he strongly felt an effort was being made by several members of the New Hanover Memorial Board of Trustees to place the hospital insurance with a single individual explaining that the renewal date of the insurance was September 25, 1983. He stated that the results of the study performed by the consultants hired by the Board of Trustees indicated that the Insurance Advisory Committee was doing a good job and requested approval of a resolution requesting the Board of Trustees to continue its relationship with the Insurance Advisory Committee and to refrain from taking any action at this time which might compromise or disrupt the renewal process presently going on by the Insurance Advisory Committee on behalf of New Hanover Memorial Hospital. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to approve a resolution requesting the Board of Trustees of New Hanover Memorial Hospital to continue its relationship with the Insurance Advisory Committee and refrain from taking any action at this time which might disrupt the renewal process. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution is contained in Exhibit Book X, Page 37. MORATORIUM ON CONSTRUCTION ON BARRIER ISLANDS Chairman Gottovi stated that she had been informeq by a member of the Coastal Management staff at the recent meeting of the Coastal Resources Commission that an engineer from Chapel Hill had been into their office requesting the necessary permits for construction on Masonboro Island stating that advertisements had been placed in the Raleigh News and Observer and Chapel Hill newspapers for the sale of lots on Masonboro Island. Chairman Gottovi expressed her concern for the protection of the island particularly since the Federal Emergency Management Agency had decided to '" 361 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) MORATORIUM ON CONSTRUCTION ON BARRIER ISLANDS (CONTINUED) I ignore the October 1 prohibition date for flood insurance and grant an additional six months to developers to qualify for flood insurance. She stated that she had discussed this matter with the Legal Department to be advised of the best method in which to handle this problem. It was suggested that a 90-day moratorium be issued preventing the issuance of any building or grading permits allowing time for the County to study appropriate hurricane protection procedures for the barrier islands stating that the only ,u~developed areas affected would be Masonboro Island and the extreme north end of Carolina Beach. After discussion, Chairman Barfield MOVED, SECONDED by Commissioner Blake to adopt an Ordinance establishing a 90- day Moratorium on construction on barrier islands. Upon vote, the MOTION CARRIED UNANIMOUSLY. AN ORDINANCE PROHIBITING THE ISSUANCE OF ANY BUILDING PERMIT OR GRADING PERMIT FOR DEVELOPMENT ON BARRIER ISLANDS I The Board of County Commissioners of New Hanover County, North Carolina, recognizing an emergency condition involving the existing Zoning Ordinance and pursuant to N.C.G.S. 153A-121, deems it in the best interests of the citizens and residents of New Hanover County, in order to protect the health and safety of the general public and to maintain the peace and dignity of the County, to decree a moratorium and prohibit the issuance of any building permit or grading permit for any construction or barrier islands subject to New Hanover County's zoning jurisdiction, for a period not to exceed ninety (90) days from the date of the final adoption of this ordinance, DOES HEREBY ORDAIN: That the New Hanover County Code of Ordinances is hereby amended by adding a section, to be numbered Sec. 5-56 which section reads as follows: "Sec. 5-56. ISLANDS MORATORIUM ON CONSTRUCTION ON BARRIER "No building or grading permit shall be issued by the inspections department or engineering department to any person for any construction on a barrier island subject to New Hanover County's zoning jurisdiction for and during the period, not to exceed ninety (90) days, from the date of the adoption of this ordinance; "PROVIDED that such permits can be issued for construction on barrier islands which, on the effective date of this ordinance~, is developed at a density greater than one building per five acres of land area." ADDITIONAL ITEMS - COUNTY MANAGER I REPORT - COUNTY MANAGER COOPER WILL RESUME FULL TIME ACTIVITIES ON AUGUST 17, 1983 Assistant County Manager Cannon stated that he had received a call from County Manager Cooper stating that he had received a clean bill of health from his doctors and would be returning to work around August 17, 1983. DISCUSSION = PROPOSAL BY THE CITY OF WILMINGTON TO CLOSE A PORTION OF GRAYMONT ROAD Assistant County Manager Cannon stated that Mr. Charles Lilley, Senior Planner for the City of Wilmington, had submitted a request to close a portion of Graymont Road along the northern line of the New Hanover Memorial Hospital tract stating that the right-of-way had been deeded to the County and City and that he felt that the City did not have the right to close this portion of Graymont Road. He 362 MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED) ADDITIONAL ITEMS = COUNTY MANAGER (CONTINUED) DISCUSSION - PROPOSAL BY THE CITY OF WILMINGTON TO CLOSE A PORTION OF GRAYMONT ROAD (CONTINUED) requested the Commissioners to authorize him to write a letter to the Planning Department of the City of Wilmington opposing the closing of this road due to the need for public access to 17th Street. After discussion, Commissioner Blake MOVED, SECONDED by Chairman Gottovi to authorize Assistant County Manager Cannon to write a letter to the Planning Department of the City of Wilmington requesting that this portion of Graymont Road not be closed. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION - TEMPORARY OFFICE SPACE - DEPARTMENT OF SOCIAL SERVICES Assistant County Manager Cannon stated that $50,000 had been budgeted in the 1983-84 fiscal year for' additional office space for the Department of Social Services explaining that three firms had been contacted for the leasing of mobile office structures. He stated that after analyzing the cost and consulting with the staff, he recommended entering into a three (3) year lease agreement with Coastal Offices Sales, Leland, North Carolina for these mobile structures. After discussion, Commissioner Barfield MOVED, SECONDED by Chairman Gottovi to authorize Assistant County Manager Cannon to prepare the lease agreement with the assistance of the County Attorney with Coastal Offices Sales, Leland, N.C. and authorize the Chairman to execute the agreement when completed. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF NOTEBOOKS = COUNTY BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES The Clerk presented notebooks as requested by the Commissioners on March 21, 1983, containing (1) a Resolution for establishment of policy and procedures for appointments to County Boards, Commissions, Committees or Authorities; (2) Applications received for appointment to each Board, Commission, Committee, or Authority; and (3) data sheets explaining the functions and names of members currently serving on the Boards, Commissions, Committees and Authorities. This project has been underway for the past six months. ADJOURNMENT Commissioner Blake MOVED, SECONDED by Chairman Gottovi to adjourn the meeting. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi adjourned the meeting at 11:10 o'clock P.M. r72~ec:/Ztted. ~L~ F. Smith, Clerk "