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1997-06-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1066 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 16, 1997, at 9:00 AM. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Vice-Chairman William A Caster; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Clerk to the Board, Lucie F. Harrell, gave the invocation. Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag. NON AGENDA ITEMS Chairman Greer announced that time had been reserved for persons in the audience to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. The following items were presented. Concern for Proposed Development Occurring on Rice Road Ms. Dee Dee Fauser, representing residents living on Rice Road, expressed concern for the proposed development of seven (7) patio homes on approximately one (1) or two (2) acres of land owned by Mr. Nick Garrett at the end of Rice Road. She reported that Mr. Garrett, a local developer, owns a business and 4.5 acres ofland on Rice Road. It appears that Mr. Garrett will use both his business and private residential property to obtain approval of a minor subdivision. If approved, this means that development will not be evenly distributed over the total acreage, but will be squeezed on a small portion of the land that is not accessible by car from Mr. Garrett's private property. After contacting the Planning Department, it was found that Mr. Garrett had not submitted a plan for development; therefore, the residents are requesting the Board of County Commissioners to direct the appropriate personnel in the Planning Department to be aware of this matter and give any plan submitted very careful consideration. She, also, requested the Planning Department to notify the residents about what type of development can or cannot be permitted under R-20 zoning. In closing, Ms. Fauser stated the residents do not feel that any property on Rice Road should be used for multi-family development. She requested the Board to remain aware of the proposed development and oppose any plan of this type. Chairman Greer, on behalf of the Board, expressed appreciation to Ms. Fauser for the report and advised the Commissioners and Planning Board would watch for any plan submitted for this type of development on Rice Road. Announcement of Grant Award to New Hanover County for Waste Reduction and Recycling Activities Solid Waste Planner, GeoffLittle, reported New Hanover County was awarded a grant for a household battery recycling program; however, due to the hurricanes, the grant had not been accepted. He stated that Ms. Catherine Gray was present and would like to present the grant award. Ms. Catherine Gray, a Waste Management Analyst with the Division of Pollution Prevention and Environmental Assistance, stated on behalf of the N. C. Department of Environmental Health and Natural Resources, it was a pleasure to present a certificate reflecting a grant award of $7,811 to support the efforts of household battery recycling. New Hanover County is one of a few counties in the State that has decided to remove toxins from the waste NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1067 stream. She congratulated the Board of County Commissioners, Mr. GeoffLittle, Mr. Ray Church and County Manager Allen O'Neal for supporting this effort. Chairman Greer, on behalf of the Board, expressed appreciation to Ms. Gray for the grant award and advised that Ray Church and Geoff Little were the persons who worked to bring about the recycling program. APPROVAL OF CONSENT AGENDA Vice-Chairman Caster requested removal of Consent Agenda Items 7 and 9 for further discussion. Commissioner Davis requested removal of Consent Agenda Item 4 for further discussion. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to approve the items on the Consent Agenda with removal ofItems 4, 7,9 as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes: Budget Work Session Joint Meeting - Board of Education May 27, 1997 May 29, 1997 Adoption of Proclamation to Proclaim July 5-6, 1997 as Wrightsville Sound Reunion Days in New Hanover County The Commissioners adopted a proclamation proclaiming July 5-6, 1997, as Wrightsville Sound Reunion Days. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 41. Adoption of Resolution to Add Mendenhall Drive, Sections 4 and 5 to the North Carolina Highway System The Commissioners adopted a resolution to add Mendenhall Drive, Sections 4 and 5, to the North Carolina Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 41. Acceptance of Tax Collection Reports Through May 31, 1997 The Commissioners accepted the following Tax Collection Reports through May 31, 1997, as presented by the Collector of Revenue, Patricia 1. Raynor: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the Tax Collection Reports are hereby incorporated as a part ofthe minutes and are contained in Exhibit Book XXIII, Page 41. Approval of Interlocal Agreement (Contract #97-0405) with the City of Wilmington for A Reliable Water Source to the Fire Protection System at the W ASTEC Facility The Commissioners authorized the Chairman to execute an Interlocal Agreement with the City of Wilmington to tap into the City's raw water line to provide a reliable water source for fire protection at the W ASTEC Facility. This action was in response to the insurance carrier's concerns about a dependable water supply. A copy of the Interlocal Agreement is on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1068 Authorization for the Health Department to File a Grant Application to the Cape Fear Memorial Foundation The Commissioners authorized the filing of a grant application to the Cape Fear Memorial Foundation in the amount of $50,753 to print colorful books for children in an effort to encourage patients during pregnancy to make the initial contact with the Maternity Care Coordinator. The strategy is to have enough books available to freely reward contacts with the hopes that mothers will have full-term babies and improve the parent/child interaction to reduce the chances of abuse and neglect. The County Manager was authorized to accept the grant, if awarded, and approve the associated budget amendment. Acceptance of Crime Commission Grant for Juvenile Day Reporting Center The Commissioners accepted a grant award in the amount of $288,000 for continued development of the Juvenile Day Reporting Center. New Hanover County was selected by the Governor's Crime Commission to receive the funding. The Center's goal is to reduce high-risk behavior of young people by providing a safe, secure facility for education and life skill needs while increasing public safety. The County Manager was authorized to execute the grant documents. The associated budget amendment will be reported to the Board of County Commissioners on July 7, 1997. Approval of Budget Amendment #97-38 - Controlled Substance Tax - Sheriff's Department The Commissioners approved the following budget amendment: #97-38 Controlled Substance Tax Capital Project Debit Credit Controlled Substance Tax Capital Project Controlled Substance Tax $4,994 Capital Project Expense $4,994 Purpose: To increase the budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #97-39 - Federal Forfeited Property Capital Project - Sheriff's Department The Commissioners approved the following budget amendment: #97-39 - Federal Forfeited Property Capital Project Debit Credit Federal Forfeited Property Capital Project Federal Forfeited Property Capital Project Expense $1,822 $1,822 Purpose: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #97-0211 - One Half-Cent Sales Tax Fund The Commissioners approved the following budget amendment: One- Half Cent Sales Tax Fund Debit Credit One-Half Cent Sales Tax Fund 1 \2 Cent Article 40 Tax - Unrestricted 1 \2 Cent Article 40 Tax - Schools $158,070 $376,740 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1069 (Budget Amendment #97-0211 continued) Debit Credit 1 \2 Cent Article 42 Tax - Unrestricted $320,930 1 \2 Cent Article 42 Tax - Schools $221,260 Transfer to Public Schools Fund $479,000 Transfer to Other Funds - Sewer $598,000 Public Schools Fund Transfer In - 1\2 Cent Sales Tax Fund $479,000 Interest on Bonded Debt $479,000 Sewer Operating Fund Operating Transfer In $598,000 Appropriated Fund Balance $598,000 Purpose: To budget greater than anticipated Article 40 and 42 one-half cent sales tax revenue. Approval of Budget Amendment #97-0212 - Sewer Operating Fund/Water & Sewer Engineering The Commissioners approved the following budget amendment: #97-0212 Sewer Operating Fund/Water & Sewer Engineering Debit Credit Sewer Operating Fund Installment Loan $14,178 Water & Sewer Engineering Capital Outlay - Equipment $14,178 Purpose: To record the remaining installment debt purchases for FY 1996-97 for accounting purposes only. These items were previously approved as installment debt purchases during the budget process. Approval of Budget Amendment #97-0213 - Sheriff/Jail The Commissioners approved the following budget amendment: #97-0213 Sheriff/Jail Sheriff/Jail Jail Fees State - Sheriff Debit Credit $100,000 Food Purchases Departmental Supplies $75,000 $25,000 Purpose: To budget additional revenue and expenditures due to an increased jail population and depletion of the normal food budget since the jail kitchen provided food during the two hurricanes for the Emergency Operations Center and emergency workers. Approval of Budget Amendment #97-0214 - Emergency Management The Commissioners approved the following budget amendment: #97-0214 Emergency Management Debit Credit Emergency Management Other $4,000 Contracted Services Capital Outlay - Equipment $2,000 $2,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1070 Purpose: To budget a $2,000 grant received for audio equipment and a $2,000 grant for emergency planning for the special population. APPROVAL OF CONSENT AGENDA ITEM 4, A FUNDING REQUEST IN THE AMOUNT OF $10,000 TO THE MYRTLE GROVE COMMUNITY CENTER FOR CONSTRUCTION OF A BASKETBALL COURT AND APPROVAL OF THE ASSOCIATED BUDGET AMENDMENT #97-0207 Commissioner Davis requested an explanation of the proposed contribution. Chairman Greer explained that a group of citizens operate the Myrtle Grove Community Center. In an effort to keep youth occupied, the group requested the Parks and Recreation Advisory Board to provide funding for construction of a basketball court behind the Myrtle Grove Community Center. After discussion, the Parks Department agreed to fund $5,000 from its current budget, and it was decided to request the Board of County Commissioners to appropriate the remaining $5,000 from contingencies. The Myrtle Grove Community Center will construct and assume all liability for the safe operation and maintenance of the court. Commissioner Davis asked ifthe residents ofN ew Hanover County would be given full access to the basketball court? Chairman Greer responded the County residents would have full access to the court. Motion: After discussion of funds being removed from the current budget, Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to authorize an allocation not to exceed $10,000 for construction of a basketball court behind the Myrtle Grove Community Center and approve the associated budget amendment. The Parks Director was authorized to approve the release of all funds pending completion of the work and submittal of all invoices. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Chairman Greer Voting Nay: Vice-Chairman Caster Budget Amendment #97-0207 - Non-Departmental Parks Debit Credit Non-Departmental Contingencies $5,000 Parks Maintenance & Repair - Bldgs. & Grounds $5,000 Contributions to Outside Agencies $10,000 Purpose: To budget a contribution to the Myrtle Grove Community Center for construction of a basketball court. APPROVAL OF CONSENT AGENDA ITEM 7, AUTHORIZATION FOR THE NEW HANOVER COUNTY LANDFILL TO CEASE ACCEPTING STUMPS AND LOGS EFFECTIVE JULY 1, 1997 Vice-Chairman Caster asked if prohibiting stumps and logs from being received at the Landfill would create any type of problem? Director of Environmental Management, Ray Church, stated due to the small number of stumps and logs received at the Landfill weekly, it was not economically feasible to grind these materials because the service had to be contracted out, which was a costly process. Since there NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1071 are several alternative disposal sites, such as Wilmington Materials, Blue Clay Road Recycling, and the Big Cypress Landfill, Staff does not feel this will be a problem. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to cease acceptance of stumps and logs at the New Hanover County Landfill effective July 1, 1997. Upon vote, the MOTION CARRIED UNANIMOUSL Y. APPROVAL OF CONSENT AGENDA ITEM 9, AUTHORIZA TION FOR THE CAPE FEAR MUSEUM TO APPLY FOR THE 1997-98 GRASSROOTS ARTS GRANT FROM THE LOWER CAPE FEAR COUNCIL FOR THE ARTS Vice-Chairman Caster expressed concern for the Arts Council, which receives funding from the County, offering a grant to the Cape Fear Museum which is also funded by the County. He requested an explanation. County Manager O'Neal responded the mission of the Arts Council was to be the central clearing house for art activities in the community. The Arts Council receives funding from a variety of sources including the County and a number of private donations. Annually, grants are offered by the Arts Council to promote the arts through various events and activities. The Cape Fear Museum has an opportunity to receive a grant in the amount of$2, 700 to present musical programs to students in the elementary and middle schools. Vice-Chairman Caster stated the activities ofthe Arts Council were worthy projects; however, he did not feel these projects should be funded by the taxpayers. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to authorize the Cape Fear Museum to file a grant application to the Lower Cape Fear Council for the Arts in an amount not to exceed $2,700 to pay for costs associated with programs to promote music to students in the elementary and middle schools. The County Manager was authorized to sign the grant application, accept the grant if awarded, and process the necessary budget amendment. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Chairman Greer Voting Nay: Commissioner Howell Vice-Chairman Caster PUBLIC HEARING TO CONSIDER THE SECONDARY ROAD CONSTRUCTION PROGRAM FOR NEW HANOVER COUNTY Chairman Greer welcomed Mr. Odell Williamson, a member of the N. C. Board of Transportation, and expressed appreciation to him for the effort given to improve roads in New Hanover County. He reported that Mr. David Thomas, P.E., District Engineer, Division 3, District 3, would present the FY 1997-98 Secondary Road Program for New Hanover County. Mr. Thompson reported as required by NCGS 13 6-44.5, before July 1 each calendar year, the N. C. Department of Transportation makes a study of all state maintained unpaved roads in order to determine the unpaved mileage in each county and the total mileage in the state. Each county's allocation is determined by dividing the total allocation by the statewide mileage times the number of miles in each county. Secondary road construction allocations are based upon the amount of revenue generated by the gasoline tax and monies from the recently approved bond fund. The final total will not be known until the end of the current fiscal year ending June 30, 1997. Should there be a significant change in the New Hanover County allocation for the Secondary Road Construction Program, the County will be notified. Based on an unpaved mileage of approximately seven (7) miles in New Hanover County, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1072 compared to unpaved miles statewide, the secondary road allocation is estimated at $121,719 which is expected to be approved by the N. C. Board of Transportation at its July meeting. The N. C. Board of Transportation has approved a paving priority rating system which provides for two paving priorities in each county, one for rural roads and one for residential/subdivision roads. The Board of Transportation now requires a separate listing of roads for each county showing the roads which have been previously skipped over because the right-of-way was not available. Although these roads will not be shown on either of the two paving priority lists, provisions have been made for any such road to be reinstated to its prior position at such time as the right-of-way becomes available, or as soon thereafter as reinstatement can be administratively accomplished. A copy ofthe paving priorities, and the list of roads with unavailable rights-of-way has been furnished to each County Commissioner for reference. In compliance with directives from the Board of Transportation, the following proposal for expenditure of estimated secondary road construction funds for New Hanover County is presented for FY 1997-98. Estimated July 1, 1997 Secondary Road Program County Construction Allocation $121,719 Highway Fund Highway Trust Fund Highway Bond Fund $47,856 $50,560 $23,303 Spot Stabilization Paved Road Improvements Safety Improvements and Bridge Replacements Roads for Grade, Drain, Base and Pave 13,606 108,113 SR 156M, West Seaview Road From SR 1492 to SR 1772 Length 0.24 mile SR 1772, North Seaview Road From SR 1564 to Dead End Supplement to Cover Actual Construction Cost 6,323 101,790 SR 2173M, Cove Road From SR 2171 to Cul-de-sac Length 0.34 mile SR 2175 Marne Drive From SR 2173 to SR 2172 and from end of pavement to end of system Supplement to cover actual construction cost 19,024 82,766 SR 1751 Bowfin Lane From SR 1709 to SR 1539 Length 0.26 mile Priority IS SR 1413B, Allen's Lane From SR 1409 to Dead End Length 0.2 7 mile Priority 2S 15,250 67,516 0.26 64,000 3,516 0.27 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1073 Volunteer Fire Departments, Rescue Squads, Road Additions and Contingencies 3,516 -0- Total Mileage 0.53 In closing, Mr. Thompson expressed appreciation to the Board for having an opportunity to present the plan. Chairman Greer opened the Public Hearing and inquired as to whether anyone from the public would like to comment on the proposed Secondary Road Construction Program for New Hanover County. No comments were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to approve the Secondary Road Construction Program for New Hanover County as presented by the N. C. Board of Transportation. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the program is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 42. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager 0 'N eal requested the following County employees to step forward to receive service awards: Name Years of Service John H. Hubbard, Environment Management Deborah D. Maxwell, Health Dept. Francine S. Moore, Health Dept. Georgia L Cummings, Social Services 5 5 5 5 Mitzi W. Chappell, Health Dept. Susan M. Sanderford, Health Dept. 10 10 Harry Warren, Cape Fear Museum 15 Donna M. Fussell, Social Services 20 Chairman Greer, on behalf of the Board, presented service awards to each employee and expressed appreciation to them for their dedicated years of service to New Hanover County. PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD TO THE BUDGET DIRECTOR Chairman Greer, on behalf of the Board, presented a plaque to the Budget Director, Cam Griffin, and Staff for being the recipient of the Distinguished Budget Presentation Award for the sixth consecutive year. He reported the Government Finance Officers Association of the United States and Canada select recipients to receive these awards for outstanding budget presentations. Chairman Greer congratulated the Budget Director and Staff for this accomplishment and stated New Hanover County was fortunate to have employees of this caliber. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1074 ADOPTION OF FISCAL YEAR 1997-98 BUDGET ORDINANCE FOR NEW HANOVER COUNTY AND THE FIRE SERVICE DISTRICT County Manager O'Neal presented the changes that were discussed at the Budget Work Session on June 12, 1997 and requested adoption of the budget ordinances which reflect a 2-cent increase in the property tax rate and no increase in Fire Service District tax. Commissioner Birzenieks complimented the County Administrative Staff for an excellent job in preparing the budget, and he expressed appreciation to the Commissioners for working together on the budget which was a complex process. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adopt the FY1997-98 Budget Ordinance for New Hanover County. Vice-Chairman Caster requested the record to reflect that the 2-cent tax increase was due to the debt service for the 1993 School and Cape Fear Community College bond issues. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Budget Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 41. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to adopt the FY 1997-98 Budget for the Fire Service District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Budget Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 41. ADOPTION OF RESOLUTION FOR FY 1997-98 OUTSIDE AGENCY FUNDING County Manager O'Neal presented the changes discussed at the Work Session held on June 12, 1997, and requested adoption of the resolution directing the County Manager to enter into appropriate contracts with outside agencies for the amount of funding approved in the FY 1997-98 Budget. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a resolution authorizing the County Manager to enter into appropriate contracts with outside agencies receiving funding in the FY 1997-98 Budget. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 41. ADOPTION OF ORDINANCE TO AMEND VARIOUS ORDINANCES IN THE NEW HANOVER COUNTY CODE TO IMPLEMENT A GRADUATED PENALTY STRUCTURE Deputy County Manager, Andrew 1. Atkinson, requested the Board to consider the following amendments to the New Hanover County Code as recommended by the Environmental Task Force: Section 1. Chapter 11, Nuisances, Article IV, Litter, Section 11-87, Enforcement and Penalties: The New Hanover County Sheriff's Department may issue a citation which subjects the offender to a civil penalty of$100 for a first offense, $300 for a second offense, and $500 for a third or subsequent offense. The penalty may be recovered by the County in a civil action in the nature of debt ifthe offender does not pay the penalty within 20 days after being cited. Violation ofthis Article shall result only in civil penalties and/or civil action set forth herein, and shall not entail criminal sanctions. Each day of a continuing violation shall constitute a separate offense under this Article. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1075 Section 2. Chapter 11, Nuisances, Article I, In General, Section 11-10, Civil Citation: The New Hanover County Sheriff's Department may issue a citation which subjects the offender to a civil penalty of $100 for the first offense, $300 for the second offense, and $500 for the third or subsequent offense. The penalty may be recovered by the county in a civil action in the nature of debt if the offender does not pay the penalty within 20 days after being cited. Violation of this Article shall result only in civil penalties and/or civil action set forth herein, and shall not entail criminal sanctions. Each day of a continuing violation shall constitute a separate offense under this Article. Section 3. Section 132-1 of the New Hanover County Zoning Ordinance, Enforcement of Ordinance: Violation of this ordinance subjects the offender to a civil penalty of $100 for the first offense, $300 for the second offense, and $500 for the third or subsequent offense to be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty to the County Finance Office within 10 days after the offender has been cited for a violation. Violation of this ordinance shall result only in civil penalties and/or civil action set forth herein and shall not entail criminal sanctions. Section 132-2: This ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. Section 132-3: This ordinance may be enforced by injunction, order of abatement, or both, as provided in GS153A-123(e). Section 132-4: Each day's continuing violation of this ordinance is a separate and distinct offense. Section 4. Chapter 8, Fire Protection and Prevention, Article II, Fire Code Enforcement and Fire Marshal, Section 8-25, Enforcement and Penalties: As provided in 1-15 of this Code, violation of this Article may be enforced by anyone or more of the remedies authorized by GS 153A- 123, including but not limited to the following: (1) The Fire Marshal may issue a citation which subjects the offender to a civil penalty of$100 for the first offense, $300 for the second offence, and $500 for the third or subsequent offenses to be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty 20 days after being cited for a violation. Provided, however, that the Fire Marshal may issue a citation for a locked or blocked exit violation which subjects the offender to a civil penalty of$500 to be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within 20 days after being cited for a violation. Each day's continuing violation of this Article is a separate and distinct offense. (2) A misdemeanor warrant may be issued either immediately or upon the issuance of a citation and the violator's failure to pay the same. The maximum fine shall be $500. (3) A civil action seeking an injunction and order of abatement may be commenced against the violator. Section 5. Chapter 5, Building Code, Article VII, Regulation of Mechanical Work, Section 5- 210, Penalty: Any person, firm or corporation violating the provisions of this Chapter shall be guilty of a misdemeanor and shall be punishable pursuant to the provisions of G. S .14-4, which provides for a maximum fine up to $500. Violation of this Chapter subjects the offender to a civil penalty of$100 for the first offense, $300 for the second offense, and $500 for the third or subsequent offense to be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within ten days after he has been cited for a violation of the chapter. This Chapter may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. Pursuant to the authority granted in GS 153 A -123, this Chapter may be enforced by anyone of the remedies specified above. Each day's continuing violation of this Chapter is a separate and distinct offense. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1076 Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt AN ordinance amending Chapter 11, Nuisances, Article IV, Litter, Section 11-87; Chapter 11, Nuisances, Article I, In General, Section 11-10; Section 3, Section 132 of the New Hanover County Zoning Ordinance, Section 132-2, Section 132-3, Section 132-4; Section 4, Chapter 8, Fire Protection and Prevention, Article II, Fire Code Enforcement and Fire Marshal, Section 8-25, Enforcement and Penalties; Section 5, Chapter 5, Building Code, Article VII, Regulation of Mechanical Work, Section 5-210, Penalty; of the New Hanover County Code. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 41. The ordinance will be codified into the New Hanover County Code. ADOPTION OF ORDINANCE AMENDING CHAPTER 11, NUISANCES, ARTICLE IV, LITTER, SECTION 11-73 OF THE NEW HANOVER COUNTY CODE Deputy County Manager, Andrew 1. Atkinson, requested the Board to adopt the following ordinance amending the New Hanover County Code, Chapter 11, Nuisances, Article IV, Litter, Section 11-73 as recommended by the Environmental Task Force: (1) The owners, occupants and lessees of all property, jointly and severally, are required to remove all litter and place the same in proper containers. Vacant lots, borders, parking lots, embankments, fences and walls shall be kept free of litter. Parking lots, shopping centers, convenience stores, drive-in restaurants, and all other commercial and industrial enterprises shall insure that their respective properties are litter free. (2) It shall be unlawful for any person to place or leave outside any building or dwelling within public view any furniture, appliance, machinery, equipment, building materials, or other item which is either in wholly or partially rusted, wrecked, junked, dismantled, or inoperative condition, and which is not completely enclosed within a building or dwelling. (3) No person shall leave outside any building or dwelling in any place accessible to children, any abandoned or unattended refrigerator, freezer, ice box or other airtight receptacle without first removing the door or locking the door closed. Commissioner Howell commented on having a rusty trailer in his back yard and asked if a building had to be constructed to house the trailer? Deputy County Manager Atkinson explained that operable equipment that was still being used would not be a violation under the proposed ordinance. Commissioner Howell expressed concern for the language not being clear and asked what could be left in his backyard without being required to construct a building to house the equipment? Deputy County Manager Atkinson responded the question to answer is whether the equipment is wholly or partially rusted, wrecked, junked, dismantled, or inoperative. The deputies need an ordinance of this type to better control junk inoperative equipment that is constantly exposed to the public. County Attorney Copley advised that if a lawn mower or trailer was in an operative condition, the ordinance would not apply. If a piece of equipment was inoperative and in public view becoming a nuisance to adjacent property owners and the neighborhood, the ordinance would apply. Chairman Greer expressed concern for being required to construct a building or dwelling to enclose a junk car. He recommended changing sub-paragraph (b) by placing a period after the word, condition, and deleting the following words in the last sentence: and which is not completelv enclosed within a building or dwelling. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1077 Motion: After a lengthy discussion ofthe ordinance, Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt the ordinance amending Chapter 11, Nuisances, Article IV, Litter, Section 11-73 with amending sub-paragraph (b) by placing a period after the word, condition, in the last sentence as recommended by Chairman Greer. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 42. The ordinance will be codified into the New Hanover County Code. CONSIDERA TION OF AMENDMENTS TO THE PERSONAL WATERCRAFT ORDINANCE Chairman Greer reported the following amendments have been presented to the Board since the Personal Watercraft Ordinance was adopted on May 19, 1997: (1) Add subsection (4) to Section 12-146 to include the Porters Neck and Figure Eight Island area in the Personal Watercraft Ordinance. (2) Change subsection (f) to read as follows: (f) Restrict Personal Watercraft within twenty-five (25) feet of any marshland area except for two (2) hours before and after high tide. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to amend the original ordinance by adding subsection (4) to Section 12-146 to read as follows: Bounded by the Atlantic Intracoastal Waterway to the west, Rich Inlet to the north, Mason Inlet to south, and Figure Eight Island to the east. Substitute Motion: Vice-Chairman Caster MOVED to accept the ordinance on Page 26 and 27 which allows two hours before and after high tide and includes the Porters Neck and Figure Eight Island area. THE SUBSTITUTE MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman Greer called for a vote on the MOTION MADE BY COMMISSIONERDA VIS. UPON VOTE, THE MOTION CARRIED UNANIMOUSLY. Vice-Chairman Caster stated, for the record, he voted to approve the amendment to the Personal Watercraft Ordinance in order to move forward with this controversial issue. Commissioner Davis asked ifthe Board should establish a permanent Water Safety Committee as recommended by the Personal Watercraft Committee? Chairman Greer objected to establishing a permanent committee because of the time that could be spent by the Board in hearing numerous amendments to the Personal Watercraft Ordinance. He stressed the importance of enforcement and suggested requesting the County Manager to contact the Sheriff's Department about enforcing the regulations as outlined in the ordinance. Vice-Chairman Caster expressed concern for singling out the personal watercraft industry and stated boating safety should be enforced on a statewide level. He recommended discussing this issue with the local legislators at the Legislative Coordinating Council meeting to be held on June 30, 1997. Commissioner Birzenieks expressed appreciation to the members of the Personal Watercraft Committee for the time given to prepare the ordinance and for the courage to address a sensitive issue of this type. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1078 Commissioner Davis expressed appreciation to the members of the Personal Watercraft Committee and all parties involved for addressing this issue and providing an ordinance that will protect the public safety. DISCUSSION OF REQUEST BY MHI HOTELS, LLC FOR FINANCIAL SUPPORT OF THE HIL TON PARKING PROJECT County Manager 0 'Neal presented the following proposal and stated that Mr. Charles Carver, representing the Hilton, was present to answer any questions. (1) MHI Hotels, LLC, hereinafter referred to as the Hilton proposes to construct a public parking deck. The deck is a component of the expansion by the Hilton for 100 new hotel rooms and enlargement ofthe ballroom and meeting space. The parking deck and expanded facilities will be located at the northern end of the existing complex. (2) The one acre parking lot to the south of the existing structure has been proposed to be donated to the City and County for a future park. (3) Tax exempt financing (public purpose) is required of the City as part of this proposal by the Hilton. The purpose of the tax exempt financing is to lower the debt service of the parking deck project in order to make it financially feasible. ( 4) The Wilmington City Council has voted to pursue tax -exempt financing for the parking portion of the project and provide up to $100,000 annually for 20 years. The City views this project as a positive move for the downtown area. It will generate new property tax, sales tax, room occupancy tax, new jobs, etc. In addition, new convention and meeting space will be constructed. All parties have agreed that the community lacks adequate convention facilities. The County is being asked to participate in the project in an amount not to exceed $50,000 per year for a 1 O-year period. The $50,000 will offset potential revenue shortfalls that may occur for the parking deck operation. It is proposed that the parking deck will be managed by the Hilton for the first 20 years. After 20 years, the property will revert to the Hilton. Commissioner Birzenieks reported the County Finance Director had projected a $68,000 annual loss of revenue for the parking deck. He stated since the City has committed to funding $100,000 annually for 20 years, who will absorb the loss? If the County contributes to the project, would the loss be absorbed by the City and County in proportionate shares? County Manager 0 'Neal responded that no arrangement had been prepared to address this issue; however, if the County decides to participate in the project, he would recommend allowing the City to make its annual $100,000 contribution before the County fulfills its annual contribution of $50,000. If the County becomes involved with ownership and development of the project, it should be for the proposed park area, which could be based on proportionate shares between the City and County. Commissioner Davis stated if the projected loss of the parking deck is $68,000 per year and the City is willing to contribute $100,000 annually, why should the County commit to funding $50,000 per year for ten years? County Manager O'Neal responded the County's participation would assist the Hilton with negotiating financial arrangements for the project. Commissioner Howell asked how many public parking spaces would be provided by the project? Mr. Carver reported the deck would provide 500 parking spaces with 250 spaces needed for the Hilton. This will be a public parking deck located on the Hilton property. The expansion of the Hilton and parking deck should promote economic growth and development in the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1079 downtown area. The general public and hotel guests will pay the same fee to use the parking deck. Commissioner Birzenieks asked if the Hilton will continue the expansion project if funding is not received for the parking deck? Mr. Carver responded the project would be pursued; however, the design would probably be changed without a parking deck. Commissioner Davis asked if any of the funds contributed by the City and County would be appropriated to the Hilton? Mr. Carver responded the Hilton would not receive any City or County contributions. The funding would be used to absorb the shortfall for the parking deck. Commissioner Davis, again, asked why the County should participate in the project ifthe City is contributing $100,000 annually for 20 years and the projected shortfall for the parking deck is $68,000 per year? Mr. Carver responded the lender was interested in being sure the expansion ofthe hotel would not be negatively impacted by the parking deck. Guaranteed contributions from the City and County would provide a level of comfort in negotiating the financial agreement. Motion: Commissioner Birzenieks MOVED to approve the funding request contingent upon the City's annual contribution of$l 00,000 being used before the County's contribution was appropriated. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. No action was taken. BREAK Chairman Greer called a break from 10: 15 AM. until 10:25 AM. DENIAL OF REQUEST BY NEW HANOVER REGIONAL MEDICAL CENTER BOARD OF TRUSTEES TO CONVERT THE MEDICAL CENTER TO A COMMUNITY GENERAL HOSPITAL Mr. Luther Brown, Chairman of the New Hanover Regional Medical Center Board of Trustees, reported the recommendation before the Board was of utmost importance to the community. The rapid changes in health care demand quick and decisive action. In the previous history ofthe Medical Center, the changes occurring now will have the greatest impact on the future. Our citizens believe that good health care is a God-given right. Society has responded by trying to provide quality medical care. New Hanover Regional Medical Center serves everyone in need of its services, and this will not change. The recommended community general hospital status will accomplish the vision and missions of the Medical Center while maintaining local control. The Medical Center is a strong institution financially, technically, and endowed with an excellent medical staff, management, and nearly 3,000 dedicated employees. The Board of Trustees desires to stay even with the curve and not play catch-up. To play catch-up in the health care world would be painful. Mr. Brown noted that the community general hospital status had been surrounded by emotion which had increased the difficulty in the decision to be made by the Board of County Commissioners. He stated that good decisions do not come easily or without controversy. He urged the Board to vote in favor of changing the Medical Center to a Community General Hospital. Chairman Greer expressed appreciation to Mr. Brown for the comments and stated the Commissioners had labored over this decision for months. He requested a motion from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1080 Motion: Commissioner Davis stated with all due respect to all persons involved in the process he would MOVE that the request from the New Hanover Regional Medical Center Board of Trustees to convert the Medical Center to a Community General Hospital be DENIED. The MOTION WAS SECONDED by Commissioner Howell. Commissioner Birzenieks commented on the support of public hospitals by the North Carolina General Assembly and advised that Senate Bill 24 7 had been passed which will assist public hospitals to negotiate managed care contracts in confidentiality. It appears the General Assembly will remain supportive of public hospitals. Commissioner Howell commented on having great respect for the management of the hospital, particularly Mr. Hobbs and Mr. Brown, and stated he regretted disappointing the Board of Trustees and administrative staff; however, with the overwhelming opposition by the community about the proposed change, it would be difficult to ignore that many concerned citizens. If the hospital needs to be changed in the future, an effort should be made to obtain the confidence of the public before revisiting the issue. Commissioner Davis stressed the importance of everyone understanding that if the status change is denied today, it does not mean this issue cannot be addressed in the future. He stated, in his opinion, it was not necessary at this time to covert the Medical Center to a Community General Hospital, but if things should change, he would be willing to revisit the issue. Vice-Chairman Caster stated after serving on the Board of Trustees and studying the issue for over two years, he does not feel it is right to wait on converting the hospital to a community general status because of the rapid changes occurring in health care. The Trustees are trying to plan ahead for drastic changes to ensure the Medical Center will be prepared to provide quality service to the region in the future. Commissioner Howell complimented Commissioner Caster for taking a courageous stand and stated he was probably right; however, the citizens must be more prepared to accept the change. Chairman Greer advised that many citizens had requested a referendum on the hospital status; however, the North Carolina General Statutes prohibit holding a referendum for issues of this type. Chairman Greer called for a VOTE ON THE MOTION TO DENY CONVERTING THE MEDICAL CENTER TO A COMMUNITY GENERAL HOSPITAL. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Chairman Greer Voting Nay: Vice-Chairman Caster Chairman Greer expressed appreciation to the Board of Trustees and hospital staff for the hard work given to present the proposed change. He urged the Trustees to continue to work toward making the Medical Center the best hospital in the state. REPORT FROM TIME WARNER CABLE COMPANY Mr. William 1. Greene, Division President of Time Warner Cable Company, reported that cable operators are required to provide a report to the franchisor regarding FCC required social contracts. The report has been prepared and the upgrade has been completed for the social contracts. In preparing the report, it found that many people were not aware of the support given by Time Warner Cable Company to school systems throughout the country. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1081 Mr. Green introduced Mr. Marty Furror, the Time Warner representative involved with Cable in the Classroom, and stated he would present a brief presentation on the programs being used by schools in New Hanover County. Mr. Furror reported that Cable in the Classroom Program was comprised offree cable service to all schools with support materials. Time Warner Cable Company provides the resources with the educators being given total flexibility in selecting desired programs. As part of the cable initiative, live programming can be offered in the classroom providing students with minute by minute information. Mr. Furror presented a brief video on the programs being offered to the schools. He stated that workshops had been scheduled with the educators to introduce the new programs and features offered by Time Warner for the upcoming school year. Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Greene and Mr. Furror for the informative report and video. RENEWAL OF FRANCHISE WITH MEDICAL TRANSPORTATION SPECIALISTS, INe. (Contract #98-0003) Director of Emergency Medical Services, Larry Ray, requested the Board to renew the non- emergency and emergency ambulance services contract with Medical Transportation Specialists, Inc. for a period of five years. He advised this service had proven to be a valuable asset to the County. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to renew the franchise with Medical Transportation Specialists, Inc. for the provision of non-emergency and emergency ambulance services in New Hanover County for a period of five years. Upon vote, the MOTION CARRIED UNANIMOUSLY County Attorney Copley advised that North Carolina General Statutes require a second reading of the franchise before final approval. APPROVAL OF NCDOT GRANT OFFER FOR THE NEW HANOVERINTERNA TIONAL AIRPORT Chairman Greer reported the Board had been requested to approve a grant agreement in the amount of $200,000 from the North Carolina Department of Transportation for Fiscal Year 1997. The funds will be used for the following Federal Aviation Administration Airport Improvements projects: AID-14 AID-15 AID-16 AID-17 AID-18 Equipment Building $ 8,038 8,815 92, 101 46,164 17,377 27,505 $200,000 The projects are for a variety of airport improvements including the Master Plan Update, installation of runway and taxiway lighting, lengthening oftaxiway "B", purchase of runway sweeper, design of airfield drainage system and perimeter fencing, installation of visual glide slope indicator, and Phase II of construction for the Rescue Base Building. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to approve the grant agreement as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y. PUBLIC HEARING TO CONSIDER A RESOLUTION TO APPROVE THE NEW HANOVER COUNTY SOLID WASTE PLANNING AREA MANAGEMENT PLAN Director of Environmental Management, Ray Church, reported in 1993 the New Hanover County Board of Commissioners approved the New Hanover County Solid Waste Plan. In 1996, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1082 N. C. General Statute 130A(b) was ratified to require all local governments to develop a ten-year comprehensive solid waste management plan either individually or in cooperation with other units of local government. The Department of Environmental Management has prepared a draft comprehensive plan for cooperative adoption with the City of Wilmington, Town of Carolina Beach, Town ofKure Beach, and Town ofWrightsville Beach. The plan describes the management of solid waste in New Hanover County. Director Church advised that Solid Waste Planner, Geoff Little, had been instrumental in developing the plan and stated he would make a brief presentation. Mr. Little reported the plan was prepared to comply with State requirements enacted in October 1996. The fundamental purpose for planning is to provide proper stewardship over the community's health and environment through the proper management of solid waste. The document presented today is a continuation of the planning process that began in New Hanover County in the late 1970's. Since that point at 5:00 P.M., Tuesday, September 30, 1980, when New Hanover County was literally without any landfill options, the County can now take some comfort in knowing that with an adequate level of stewardship, the County can control its destiny and responsibly manage the community's solid waste for the next 45 to 50 years. The 10-year plan was developed in cooperation with the local municipalities and must be approved by July 1997. In 1992-93 local waste reduction reached 19.9%; however, local recovery programs did not keep pace with the growth in the local economy and population. Using FY 1988-1989 as the baseline year, current waste reduction efforts stand at 2.2%. Since the current waste reduction percentage declined to near zero, this plan establishes the local baseline year as FY 1995-96. The change does not affect the baseline used by the State toward meeting statewide goals, but does provide a more reliable standard for measuring local performance. Based on the baseline year ofFY 1995-96, this plan sets goals for waste reduction of 10% by June 2001 with a further reduction goal of 15% by June 2006. Using current waste generation rates and projected population growth, the goals represent diversions of approximately 21,000 tons in FY 2000-2001, and 33,000 tons in FY 2005-2006. With respect to past performance, the target reduction rates are considered both attainable and sustainable. To reach the goals, waste reduction efforts will need to focus primarily on paper materials, such as office paper and corrugated cardboard, the most predominant material in the waste stream. Approximately 16,000 tons of paper materials are targeted for diversion or recovery by FY 2000- 2001, and about 21,000 tons for FY 2005-2006. Some waste reduction is anticipated through recovering/recycling more glass and aluminum containers from commercial establishments such as restaurants and bars. Expansion of local private recovery/recycling initiatives for construction and demolition (C&D) materials will greatly help in meeting or possibly exceeding the waste reduction goals. Improvements needed to meet the waste reduction goals include: (1) expanding local government recycling collection programs to include more paper fiber materials; (2) encourage commercial recovery programs with a focus on paper fiber materials; (3) promote local recovery/recycling initiatives; and (4) promote local construction/demolition recycling/recovery programs. Additional reduction benefits are anticipated through general improvements in product packaging, commercial source reduction efforts, declining housing starts, and a general leveling in the growth of the local economy. In closing, Mr. Little stated he would be glad to answer any questions. Vice-Chairman Caster asked how paper materials could be handled? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1083 Mr. Little responded that a working relationship had been developed with Sunocco Paper Products to recycle cardboard. Since the end of March, 150,000 tons of cardboard have been recovered from the waste stream. Once the loading dock is completed, the Environmental Department will be a step closer to being capable of handling paper. Also, Staff would like to address the in-house County waste stream. Discussion was held on the financial aspects of recycling paper products. Mr. Little advised that recycling was a losing proposition; however, space had been saved at the Landfill. He stated the Environmental Department has been reviewing a total integrated management strategy. If the drop- off program could be improved to include office paper and cardboard, it would a step in the right direction. Chairman Greer opened the Public Hearing and asked if anyone from the public would like to comment on the New Hanover County Solid Waste Planning Area Management Plan. No comments were received. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt a resolution to approve the New Hanover County Solid Waste Planning Area Management Plan. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 43. A copy of the New Hanover County Solid Waste Planning Area Management Plan is on file in the Environmental Management Department. ADOPTION OF RESOLUTION FOR NEW HANOVER COUNTY TO PARTICIPATE IN THE DISASTER RECOVERY INITIATIVES County Manager 0 'Neal reported that New Hanover County has been selected to serve as a model community for potential implementation of new disaster recovery initiatives. The initiatives include mitigation strategies toward building a disaster resistant community and the development of a local Business and Industry Alliance. The Alliance receives program support from the Federal Emergency Management Agency, the U. S. Department of Energy and the Electrical Power Research Institute. These initiatives provide exciting opportunities for New Hanover County to help reduce the cost of future disasters. County Manager O'Neal advised that monies should be available from the private sector to assist with planning and mitigation strategies. He requested the Board to adopt a resolution allowing New Hanover County to participate in the Disaster Recovery Initiatives. Commissioner Birzenieks inquired as to whether County funds would be required? County Manager O'Neal responded that no County funds would be required. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a resolution recognizing the national efforts of the Disaster Alliance and authorize the County to participate in the program. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 43. DISCUSSION OF ZONING AND SUBDIVISION ORDINANCE AMENDMENTS FOR INTERIM DRAINAGE STANDARDS ADOPTED BY THE BOARD ON MAY 5, 1997 Chairman Greer reported when preparing to sign the ordinance, he felt the action taken at the May 5, 1997, meeting was not correctly submitted. At the meeting, the Board voted to NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1084 eliminate Paragraph 3, and when reviewing the ordinance this paragraph was included in the document. As a result, he refused to sign the document. Chairman Greer advised that if the Board felt that Paragraph 3 should be included in the ordinance, a motion should be made. Motion: Commissioner Davis stated when making the motion he should have included the existing language, and he MOVED, SECONDED by Commissioner Birzenieks to include the existing language in the ordinance. Planning Director Hayes advised if a drainage plan is prepared by an engineer and it becomes impossible to follow the guidelines, there are provisions in the Zoning Ordinance to provide waivers and variances for design concerns that cannot be addressed. The existing language serves as a water quality requirement to keep discharge further back from the estuarine creeks to avoid less pollutants from running into the waterways. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Voting Nay: Vice-Chairman Caster Chairman Greer Chairman Greer reported he would sign the ordinance as presented. APPOINTMENT OF CHAIRMAN ROBERT G. GREER TO SERVE ON THE WILMINGTON FILM COMMISSION County Manager O'Neal reported under the new arrangement for the Wilmington Regional Film Commission, the County should appoint one representative to serve on the commission. Chairman Greer volunteered to serve on the Film Commission. Commissioner Davis reported he was interested in serving on the Film Commission; however, since Chairman Greer had been involved with the Commission he would withdraw his request. He informed the Board that he would be interested in serving on the Film Commission in the future. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to appoint Chairman Greer as the County's representative on the Wilmington Regional Film Commission. Upon vote, the MOTION CARRIED UNANIMOUSL Y. COMMITTEE APPOINTMENTS REAPPOINTMENT OF LAWRENCE MURRAY TO SERVE ON THE ABC BOARD AND APPOINTMENT OF HOWARD L. ARMISTEAD TO SERVE AS CHAIRMAN OF THE ABC BOARD Chairman Greer announced that one vacancy needed to be filled on the ABC Board. He advised that five applications had been received with Mr. Lawrence Murray being eligible for reappointment. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to reappoint Mr. Lawrence Murray to serve a three-year term on the ABC Board to expire June 30,2000. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Chairman Greer reported the Board must appoint a member of the ABC Board to serve as Chairman for the ensuing year. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1085 Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to appoint Howard L. Armistead as Chairman of the ABC Board for the ensuing year. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF E. L. MATHEWS, JR. AND CARTER TATE LAMBETH TO SERVE ON THE NEW HANOVER COUNTY AIRPORT AUTHORITY Chairman Greer announced that two vacancies needed to be filled on the New Hanover County Airport Authority. He reported that eleven applications had been received, and he opened the floor to receive nominations. Vice-Chairman Caster nominated E. L. Mathews, Jr. The nomination was seconded by Commissioner Birzenieks. Commissioner Davis nominated Carter T. Lambeth. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Upon vote, E. L. Mathews, Jr. and Carter Tate Lambeth were UNANIMOUSL Y appointed to serve four-year terms on the Airport Authority with the terms to expire July 1, 2001. REAPPOINTMENT OF STEPHEN H. DAVENPORT TO SERVE ON THE CAPE FEAR COMMUNITY COLLEGE BOARD OF TRUSTEES Chairman Greer announced that one vacancy needed to be filled on the Cape Fear Community College Board of Trustees. He reported that nine applications had been received with Stephen H. Davenport being eligible for reappointment. Chairman Greer opened the floor to receive nominations. Vice-Chairman Caster nominated Stephen H. Davenport. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Upon vote, Stephen H. Davenport was reappointed to serve a four-year term on the Cape Fear Community College Board of Trustees with the term to expire June 30,2001 by the following vote: Voting Aye: Commissioner Birzenieks Commissioner Howell Vice-Chairman Caster Chairman Greer Abstention: Commissioner Davis APPOINTMENT OF CARLA H. TURNER TO FILL THE UNEXPIRED TERM ON THE NEW HANOVER COMMISSION FOR WOMEN Chairman Greer announced that one unexpired term needed to be filled on the New Hanover Commission for Women. He advised that five applications had been received, and he opened the floor to receive nominations. Commissioner Davis nominated Carla Turner. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Upon vote, Carla Turner was UNANIMOUSLY appointed to fill the unexpired term of Judith P. Moore on the New Hanover Commission for Women with the term to expire May 31, 1998. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1086 APPOINTMENT OF MARY E. HATCHER TO FILL AN UNEXPIRED TERM ON THE NEW HANOVER COUNTY LIBRARY ADVISORY BOARD Chairman Greer announced that an unexpired term on the Library Board needed to filled. He advised that two applications had been received, and he opened the floor to receive nominations: Commissioner Birzenieks nominated Nancy Colbert. The nomination did not receive a second. Vice-Chairman Caster nominated Mary E. Hatcher. The nomination was seconded by Commissioner Howell. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Upon vote, Mary Hatcher was UNANIMOUSLY appointed to fill the unexpired term of Thomas A Price, Jr. on the Library Advisory Board with the term to expire August 31, 1999. APPOINTMENTS TO THE CAPE FEAR MUSEUM BOARD OF TRUSTEES Chairman Greer announced that three vacancies and one unexpired term needed to be filled on the Museum Board of Trustees. He reported that two applications from Dr. 1. W. Hooper and Sandra R. Criner had been received after the June 4, 1997 deadline. He advised that this matter was discussed at the Thursday Staff meeting and the Board decided to accept the applications. He opened the floor to receive nominations. Commissioner Howell nominated Dr. 1. W. Hooper to fill the unexpired term. The nomination was seconded by Commissioner Davis. There being no further nominations for the unexpired term, Chairman Greer declared the nominations closed. Vote: Upon vote, Dr. 1. W. Hooper was UNANIMOUSLY appointed to fill the unexpired term on the Museum Board of Trustees with the term to expire June 30, 1999. Chairman Greer opened the floor to receive nominations for the remaining vacancies. Vice-Chairman Caster nominated Allen P. Hunt, Jr. The nomination was seconded by Commissioner Birzenieks. Commissioner Birzenieks nominated John H. Haley. The nomination was seconded by Commissioner Davis. Commissioner Davis nominated Allen T. Strange. The nomination was seconded by Chairman Greer. Vice-Chairman Caster nominated Sandra R. Criner. The nomination was seconded by Commissioner Birzenieks. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment Allen P. Hunt, Jr. to serve a three-year term on the Museum Board of Trustees with the term to expire June 30, 2000. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vote: Chairman Greer called for a vote on the appointment of John H. Haley to serve a three- year term on the Museum Board of Trustees with the term to expire June 30, 2000. Upon vote, the MOTION CARRIED AS FOLLOWS: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1087 Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Chairman Greer Voting Nay: Vice-Chairman Caster Vote: Chairman Greer called for a vote on the appointment of Allen T. Strange. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Davis Chairman Greer Voting Nay: Commissioner Birzenieks Commissioner Howell Vice-Chairman Caster Vote: Chairman Greer called for a vote on the appointment of Sandra R. Criner to serve a three- year term on the Museum Board of Trustees with the term to expire June 30, 2000. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Howell Vice-Chairman Caster Voting Nay: Commissioner Davis Chairman Greer APPOINTMENTS TO THE PARKS AND RECREATION ADVISORY BOARD Chairman Greer announced that two vacancies needed to be filled on the Parks and Recreation Advisory Board. He reported that a late application from Keith H. Suttle had been accepted by the Board and advised that seven applications were on file with one applicant, William E. Royals, being eligible for reappointment. He opened the floor to receive nominations. Vice-Chairman Caster nominated William E. Royals. The nomination was seconded by Commissioner Birzenieks. Commissioner Birzenieks nominated Keith H. Suttle. The nomination was seconded by Commissioner Howell. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the reappointment of William E. Royals to serve a three- year term on the Parks and Recreation Advisory Board and the appointment of Keith H. Suttle to serve a three-year term with both terms expiring June 30, 2000. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called a break from 11:40 AM. 11:55 AM. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 11 :56 AM. until 12:06 P.M. to hold a meeting of the Water and Sewer District. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 ADDITIONAL ITEMS APPOINTMENT OF VICE-CHAIRMAN WILLIAM A. CASTER TO SERVE ON THE CAPE FEAR RIVER PROGRAM County Manager 0 'Neal reported a letter had been received from Dr. Leutze requesting the appointment of Vice-Chairman Caster as the County's representative on the Cape Fear River Program. BOOK 25 PAGE 1088 Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to appoint Vice-Chairman Caster to serve on the Cape Fear River Program. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZA TION TO APPL YFORA CRIMINAL JUSTICE PARTNERSHIP PROGRAM DISCRETIONARY GRANT Deputy County Manager, Andrew 1. Atkinson, reported since Day Sentencing Centers have been in operation for several years, the N. C. Department of Corrections has decided to fine tune the program to insure the correct populations are being served by the Center. The Department of Corrections has asked the County to serve as a pilot project. The expected cost is $25,000 which will be paid with grant funds. He requested the Board to authorize filing of the grant application. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Howell to authorize the filing of a Criminal Justice Partnership Program Discretionary grant in the amount of $25,000 and authorize the Deputy County Manager, Andrew 1. Atkinson, as the authorizing agent to accept the grant if awarded and process the associated budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF REVIEWING THE ROOM OCCUPANCY TAX DISTRIBUTION FORMULA Vice-Chairman Caster reported at the last meeting of the Port, Waterway and Beach Commission, discussion occurred on the need to review the distribution ofthe Room Occupancy Tax. It was the general consensus ofthe Commission that a larger percentage ofthe Room Occupancy Tax receipts should be returned to beach renourishment. He suggested appointment of a Study Committee to review the distribution formula. Commissioner Birzenieks agreed and suggested appointing a committee composed of five members to study whether the formula should be changed. Chairman Greer recommended placing this item on a future agenda before taking action. After discussion, the County Manager was requested to place this item on a future agenda. ADOPTION OF RESOLUTION AMENDING THE AGREEMENT BETWEEN THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND NEW HANOVER COUNTY FOR PROJECT R-3167-N County Attorney Copley reported the cost of constructing an access road from SR 1002 to the proposed Vision Software facility between New Hanover County and the Department of Transportation needed to be amended because the actual cost of Project R-3167N had increased. She recommended changing the language to read that the actual cost shall not exceed $139,500 instead of $11 7,000. The Board was requested to adopt a resolution reflecting this change. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt the resolution changing the participation by the Department of Transportation from actual cost not to exceed $117,000 to actual cost not to exceed $139,500. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 43. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 16, 1997 BOOK 25 PAGE 1089 MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION County Attorney Copley requested the Board to convene to Closed Session pursuant to NCGS 143-381.11(4) and (6) to discuss a personnel matter and expansion or location of industries for economic development. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to enter into Closed Session pursuant to NCGS 143-381.11(4) and (6) as requested by the County Attorney. Chairman Greer convened from Regular Session to Closed Session at 12:25 P.M. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Davis to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 12: 59 P.M. and reported that no action was taken in the Closed Session. ADJOURNMENT Chairman Greer adjourned the meeting at 1 :00 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board