1983-08-01 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
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351
MINUTES OF REGULAR MEETING, AUGUST 1, 1983 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
PROJECT ORDINANCE - AIRPORT IMPROVEMENT PROJECT (CONTINUED)
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#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
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APPLICATION FOR STATE AID TO PUBLIC LIBRARIES - N. C.
- -- ---
DEPARTMENT OF CULTURAL RESOURCES - NEW HANOVER COUNTY
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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
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Total Cost
$15,390
9,835
$25,225
DESIGNATION OF EMPLOYEES IN PUBLIC LIBRARY RECOMMENDED FOR
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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.
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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.
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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:
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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
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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.
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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
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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)---
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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.
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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.
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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
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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)
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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:
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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.
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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
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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)-:-
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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.
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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
"