1996-01-02 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 174
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Tuesday, January 2, 1996, at 7:00 P.M. in the Assembly
Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; WilliamA.
Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; Deputy County Manager, Andrew J.
Atkinson; County Attorney, Wanda M. Copley; and Clerk to the Board,
Lucie F. Harrell.
Chairman Greer called the meeting to order and welcomed
everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Commissioner Sisson led the audience 1n the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer informed the public that this portion of the
agenda was reserved to allow any person present to introduce an
item not listed on the Regular Agenda or comment on an item listed
on the Consent Agenda. He requested all persons making
presentations to limit their remarks to three minutes.
Chairman Greer asked if anyone would like to step forward to
discuss a matter of concern.
The following items was presented:
Request for Moratorium on Issuance of Permits for Construction of
Communications Towers in New Hanover County
Mr. Scott P. Hansberry, a resident of Samsara Estates
Subdivision, expressed concern for construction of a 225 foot
communications tower by Bell South on the Covenant Moravian Church
site located at 4126 South College Road next to Samsara Estates.
He presented a petition signed by surrounding residents, and he
requested the Board of County Commissioners to place a moratorium
on the issuance of the permit to allow Bell South to construct the
tower in this residential area so that time can be provided for the
County to adopt an ordinance to protect residential communities
from this type of commercial encroachment.
Commissioner Sisson inquired as to how the residents of the
area were aware that a permit was being granted to Bell South?
Mr. Hansberry reported a resident of Samsara Estates heard the
machines when the site was being cleared and inquired as to what
was being constructed on the site. He informed the Board that the
225 foot tower would be approximately eighteen (18) feet from his
property line.
County Attorney Copley informed the Board that Bell South
applied for the permit under the existing County Ordinance;
therefore, it would not be possible for the County to refuse to
issue the permit when the company had complied to all conditions
and requirements of the existing ordinance. She advised that the
residents may wish to seek an injunction through the courts to try
to prevent the tower from being constructed; however, in order for
the County to declare a moratorium, there would have to be an
existing emergency or threat to public health or safety.
Consensus: After discussion of the number of towers to be
constructed throughout the County, it was the consensus of the
Board to request the Inspections Department to work with the
Planning Department and Legal Department in preparing an amendment
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 175
or new ordinance to protect residential communi ties from being
adjacent to structures of this type.
Chairman Greer commented on this being a very unfortunate
situation for the residents of Samsara Estates and stated,
unfortunately, the County could not be of any assistance because
Bell South had complied to the current County Ordinance.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested removal of Consent Agenda Item #2.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to remove Consent Agenda Item #2 and approve the remaining items as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Approval of Minutes
The Board approved the minutes of the Regular Meeting of
December 4, 1995, as presented by the Clerk to the Board.
Adoption of Resolution to Add Rosa Parks Lane to the State Highway
System
The Board adopted a resolution to request the N. C. Department
of Transportation to consider adding Rosa Parks Lane to the State
Highway System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 8.
Approval of Budget Amendment #96-0099 to Record Refinancing of the
Law Enforcement Center Expansion
The Board approved the following Budget Amendment:
96-0099 - Finance/Non-Departmental
Debit
Credit
Finance
Installment Loan Proceeds
$690,505
Non-Departmental
Installment Lease Payments
$690,505
Purpose: To record proceeds from the refinancing of the Law
Enforcement Center expansion and the Myrtle Grove Branch Library.
(For accounting purposes only.)
Approval of Budget Amendment #96-0098
Services/Administration/CP&L Intervention Program
The Board approved the following Budget Amendment:
Social
96-0098 Social Services/Administration
Debit
Credit
Social Services/Administration
Administration Grant
$6,793
CP&L Intervention Program
$6,793
Purpose: To budget additional State funds for the CP&L
Intervention Program. No County match is required.
DISCUSSION OF CONSENT AGENDA ITEM #2, A LEASE AGREEMENT WITH
PHYSIO-CONTROL LIFEPAK II FOR UPGRADING THE CARDIAC
MONITOR/DEFIBRILLATOR EQUIPMENT
Chairman Greer inquired as to why the County was leasing the
equipment at $5,404.77 per month for four years when the equipment
could be purchased for $152,790.00?
Deputy County Manager Atkinson advised that due to the rapid
changes in technology, Staff felt the lease agreement would be more
appropriate because the old equipment could be traded in on
upgraded equipment by re-negotiation of the lease agreement.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 176
A lengthy discussion was held on bidding the proj ect and
installment financing. Commissioner Barone recommended purchasing
the equipment with no financing.
Consensus: After further discussion, it was the consensus of the
Board to direct Staff to bid the project in lieu of leasing the
equipment.
BREAK
Chairman Greer called a break from 7:26 P.M. until 7:40 P.M.
PUBLIC HEARINGS
Chairman Greer announced that all Public Hearings had been
duly advertised, and he requested all persons making comments to
limit their remarks to three minutes.
PUBLIC HEARING TO CONSIDER A REQUEST BY RICHARD BARAN TO REZONE
FIVE ACRES ON THE SOUTH SIDE OF SIDBURY ROAD, 350 FEET EAST OF BLUE
CLAY ROAD TO I-1 INDUSTRIAL FROM B-1 BUSINESS (Z-558, 12/95)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the petition.
Discussion was held on whether the proposed rezoning would leave
enough land area for the remnant B-1 District to meet minimum
acreage standards. The Planning Staff advised that sufficient land
was available to meet the minimum acreage standards.
Chairman Greer inquired as to whether anyone present would
like to comment on the proposed rezon1ng.
No remarks were received.
Chairman Greer closed the Public Hearing.
Commissioner Sisson inquired as to whether surrounding
residents in the R-15 zoning district had been notified of the
proposed rezoning, and he recommended extending the radius of
notification to property owners living within 350 feet of a site.
Planning Director Hayes advised that Longview Drive was the
only residential community; however, the residents along this road
were not notified because the site was located around the corner.
Chairman Greer agreed with notifying as many surrounding
property owners as possible, but stated in this case the nearest
property owner was 400 feet away.
After further
notification process,
would make a special
particularly in more
requested.
discussion of being reasonable in the
Planning Director Hayes advised that Staff
effort to notify adjacent property owners,
rural areas, when rezoning cases are being
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve the rezoning request as recommended by the Planning
Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 8A OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 1, 1972," is hereby incorporated as a part
of the minutes and is contained in Zoning Book II, Section 8A, Page
22.
PUBLIC HEARING TO CONSIDER A REQUEST BY LANDFALL ASSOCIATES TO
REDESIGNATE 1.76 ACRES IN THE SOUTHEAST CORNER OF THE LANDFALL
PROJECT ON THE NORTH SIDE OF EASTWOOD ROAD TO PLANNED DEVELOPMENT
COMMERCIAL FROM PLANNED DEVELOPMENT OFFICE AND INSTITUTION (Z-198,
12/84; Revision 12/95)
Chairman Greer opened the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 177
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval. Discussion focused on
current construction activities on the site and how development of
the subject parcel would affect vehicular parking for the County
bikepath, which adjoins the site. Also, discussion was held on how
traffic circulation would be addressed. The petitioner advised the
Planning Board that three permanent off-street parking spaces would
be provided for the bikepath and that a private road would be built
to serve this site and three other parcels.
vice-Chairman Mathews inquired as to whether three parking
spaces would be adequate?
Planning Director Hayes commented on sidewalk access and
advised that three off-street parking spaces would be adequate.
Chairman Greer inquired as to whether anyone present would
like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve re-designating 1.76 acres in the southeast corner
of the Landfall Proj ect on the north side of Eastwood Road to
Planned Development Commercial from Planned Development Office and
Institution. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 2 OF NEW HANOVER COUNTY, NORTH
CAROLINA," is hereby incorporated as a part of the minutes and is
contained in Zoning Book I, Section 2, Page 39.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT SUBMITTED BY
FRANK GIBSON TO PERMIT PRINCIPAL USES WITHIN OFFICE AND INSTITUTION
DISTRICTS THAT ARE LOCATED ALONG FEDERAL OR STATE NUMBERED HIGHWAYS
AND OTHER MAJOR ARTERIALS TO INCREASE THE SURFACE AREA OF THE SIGNS
TO 75 SQUARE FEET FROM 12 SQUARE FEET (A-267, 12/95)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to approve the Zoning Text Amendment using the
following language recommended by the Planning Staff:
Review 59.1-4(1)...... ."In the case of premises located
adjacent to minor or major arterials as identified in the New
Hanover Thoroughfare Classification Plan, total signage shall
be limited to seventy-five (75) square feet in the surface
area. . . "
Planning Director Hayes reported the Planning Staff felt that
reference to the New Hanover Thoroughfare Classification Plan would
be more consistent with the language commonly found in the Zoning
Ordinance.
Chairman Greer asked what type of signage regulations would
apply to office and institution businesses not located on federal
or state highways?
Planning Director Hayes responded the slgns would be 12 square
feet as required in the Zoning Ordinance.
Chairman Greer inquired as to whether anyone present would
like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 178
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve the Text Amendment to Section 59.1-4 of the Zoning
Ordinance as recommended by the Planning Board. 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 hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXIII, Page 8.
PUBLIC HEARING TO CONSIDER A REQUEST BY SUZANNE LENNON TO LOCATE A
SINGLE-WIDE MOBILE HOME AT 5021 CHIPPEWA TRAIL (S-383, 1/96)
Chairman Greer opened the Public Hearing and announced the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to comment must step forward to be sworn in by the
Clerk to the Board.
The following persons were sworn 1n:
Dexter Hayes, New Hanover County Planning Director
Suzanne M. Lennon
Planning Director, Dexter Hayes, reported the petitioner was
requesting approval of a Special Use Permit to locate a single-wide
Mobile Home at 6021 Chippewa Trail. He presented the following
preliminary Staff Findings:
(1) General Requirement #1: The Board must find 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 based upon the following findings:
a. The site has direct access to Marathon Avenue V1a
Chippewa Trail.
b. The site is located 1n the Castle Hayne Volunteer Fire
Department District.
c. The mobile home will be served by an individual well and
septic tank. Health Department reviews are unknown at
this time.
(2) General Requirement #2: The Board must find that the use
meets all required conditions and specifications of the Zoning
Ordinance based upon the following findings:
a. Mobile homes are permitted by Special Use Permit
conferment in the Rural Agriculture District. The site
is zoned Rural Agriculture.
b. The lot exceeds the minimum lot area as required by the
RA District. Also, minimum yard requirements can be met.
c. Adequate area is available to meet minimum off-street
parking requirements.
(3) General Requirement #3: The Board must find that the use will
not substantially injure the value of adjoining or abutting
property or that the use is a public necessity based upon the
following findings:
a. A mixture of housing types can be found 1n the general
area. The mobile home will be placed on a 6.3 acre
parcel.
(4) General Requirement #4: The Board must find 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
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 179
plan of development for New Hanover County based upon the
following findings:
a. The primary use of land in the area is single- family
detached units, although there are mobile homes scattered
throughout the area. The site is located just east of
Marathon Landing Subdivision.
Chairman Greer inquired as to whether the petitioner or any
one present would like to comment. The following remarks were
received:
Ms. Suzanne Lennon, the petitioner, requested approval of the
Special Use Permit to locate a single-wide mobile home on her
property that was no longer being used by her mother who passed
away a few months ago.
Chairman Greer asked Ms. Lennon if she agreed with the Staff
findings as presented by the Planning Director.
Ms. Lennon concurred with the findings as presented.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to grant the Special Use Permit for locating a single-wide mobile
home at 6201 Chippewa Trail based upon the evidence presented
concluding 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; the use meets all required
conditions and specifications of the Zoning Ordinance; the use will
not substantially injure the value of adjoining or abutting
property or that the use is a public necessity; and 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. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 15.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Greer convened from Regular Session at 8: 00 P.M.
until 8:05 P.M. to hold a regular meeting of the Water & Sewer
District.
APPOINTMENT OF DENNIS PINHO TO FILL AN UNEXPIRED TERM ON THE NEW
HANOVER COUNTY BOARD OF FIRE COMMISSIONERS
Chairman Greer announced there was one unexpired position on
the New Hanover County Board of Fire Commissioners and reported six
applications had been received to fill the term. He opened the
floor to receive nominations.
Vice-Chairman Mathews nominated Dennis pinho. Commissioner
Sisson seconded the nomination.
Commissioner Barone nominated Thomas K. McKay. NO SECOND WAS
RECEIVED.
Chairman Greer nominated Steve Woodard.
RECEIVED.
NO SECOND WAS
Commissioner Barone nominated Fredrick Worsh. Chairman Greer
seconded the nomination.
There being no further nominations, Chairman Greer declared
the nominations closed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 180
Vote: Chairman Greer called for a vote on the nomination of Dennis
pinho. Upon vote, Dennis pinho was appointed to serve on the Board
of Fire Commissioners with the term to expire July 1, 1996. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Voting Nay: Commissioner Barone
Chairman Greer
ADDITIONAL ITEMS - COUNTY MANAGER
DISCUSSION OF FUNDING SHORTFALL FOR OGDEN PARK
Assistant County Manager, Dave Weaver, advised the Board that
problems were being experienced with cost overruns of $430,000 due
to complications involved with the site work at Ogden Park and
increased costs for construction of the pavilion. At the present
time, funds are not available to continue capital work for the
parks. He apologized for this situation occurring and reported
steps had been taken by Staff to ensure cost overruns of this type
do not occur on future capital projects.
The following options were presented for resolving this
problem:
OPTION I: Delay awarding the contract for construction of the
Ogden Park pavilion. Due to this delay, funding would be available
in the amount of $597,354 to be used as follows:
(A)
(B)
(C)
Complete the remaining site work at Ogden Park
Complete Phase II of the Castle Hayne Park
Use balance to continue work at Ogden Park
$265,388
174,500
157,466
This option would leave $89,500 in the Operations Budget for
completion of projects at other parks. The design of the Ogden
Park pavilion will be reconsidered, and the contract will be
awarded during the FY 1996-97 pending approval of funding in the FY
1996-97 Capital Budget.
OPTION II: Transfer $430,000 from the general fund balance to
complete the projects listed in Option I and complete the Ogden
Park pavilion as designed.
Assistant County Manager Weaver reported the original figures
for the site work at Ogden Park was severely underestimated because
of costs involved with dredging and fill soil.
Commissioner Caster asked if problems experienced with the
soil and dirt removed from the lake could have been discovered at
an earlier date?
County Proj ect Engineer, George Shaw, reported more soil
borings could have been performed; however, with the park being
adj acent to a swamp, it would have been almost impossible to
predict the problems that have occurred with the types of soils on
this tract of land.
Chairman Greer expressed concern for last year's budget being
adopted with funds allocated for each capital project, and the
Board now being informed that these funds had already been spent.
He objected to this type of situation occurring and reported this
cost overrun should have been caught by one of the departments
before the funds were over spent.
Deputy County Manager Atkinson advised the Board that monies
expended had not exceeded the overall Capital Projects Ordinance
for the Parks Department. He assured the Board that the Finance
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 181
Department would have caught any cost overrun if funds had exceeded
this figure.
Chairman Greer, aga1n, expressed concern for overspending and
he recommended specifically earmarking each project with a certain
amount of funds so that cost overruns cannot occur in any future
capital project.
Motion: Commissioner Caster MOVED for adoption of Option I, which
would delay the project.
Deputy County Manager Atkinson reported that $50,000 had
already been spent for design of the Ogden Park pavilion and
stated, in his opinion, to re-bid the project would be more costly.
Discussion was held on whether to delay and re-bid the project
or move forward with the bid as awarded. Parks Director, Neal
Lewis, reported the Parks & Recreation Advisory Board preferred
Option II because the project would have to be re-bid next year,
which would increase the overall costs for the pavilion. He
advised that the Chairman of the Parks & Recreation Advisory Board,
Jack Bragg, was present and would like to make a few comments.
Mr. Jack Bragg reported on the number of months spent by the
members of the Advisory Board during the past three years to plan
for development of the Castle Hayne and Ogden Parks. He commented
on the public participation by the residents in the Castle Hayne
and Ogden communities and he requested the Board to move forward
with the project since the citizens were excited about having park
facilities in these areas.
Discussion was held on the exact amount of money needed from
the general fund. Deputy County Manager Atkinson reported if
Option II was approved by the Board, both Budget Amendments would
have to be approved to transfer the $430,000 from the general fund
to the capital project. In addition to this money, a Budget
Amendment would be needed to move presently budgeted money from the
general fund under the Parks' budget to the capital project.
Commissioner Barone recommended delaying construction of the
pavilion.
Chairman Greer inquired as to whether the money could be
transferred from the general fund to complete the project and cut
back on capital projects for the Parks Department in FY 1996-97?
Commissioner Caster expressed concern for the amount of the
funding shortfall, which represents one-half of a cent on the sales
tax, and requested a vote on his motion to approve Option I and
delay the project.
Commissioner Sisson SECONDED the MOTION TO APPROVE OPTION I
and delay the project.
Deputy County Manager Atkinson inquired as to whether the
Board would like for Staff to negotiate to keep the contract open
until July 1, 1996.
Mr. Bob Morgan, owner of Paragon Building Corporation,
commented on being awarded the contract by the Board of County
Commissioners and stated he felt the contract should be upheld. He
emphasized the importance of providing this expected recreational
facility to the residents of this area, and he advised that re-
bidding the project would be more costly. Concern was expressed
for the County not being able to find additional funds to complete
the Ogden and Castle Hayne parks when funds have been found to
construct a new Animal Control Center, expand the jail facilities,
and other building expansions.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 182
vice-Chairman Mathews advised the motion was to delay
construction of the facility, not stop the project.
Discussion was held on whether the road had to be constructed
at the current time. Project Engineer Shaw reported the road did
not have to be constructed because the Soccer Fields could be
accessed from Gordon Road and the ball fields could be accessed
from Market Street; however, he feels the road should be completed
in order to control the soil problems and avoid future costs if the
project is delayed.
Chairman Greer reported the contract has been awarded to the
builder, and in his opinion, the completion of the road could be
delayed instead of the building. He recommended saving $265,000
for construction of the building.
Deputy County Manager Atkinson advised
outstanding change orders that would reduce
$130,000 for completion of the road work.
there
the
were three
$265,000 to
Discussion was held on the policy for approval of change
orders. Deputy County Manager Atkinson responded authorization had
been given to the Project Engineer for approval of the change
orders on this project.
A lengthy discussion was held on completing the pavilion and
road in Ogden Park as well as completing Phase II of Castle Hayne
Park. Chairman Greer asked if $265,000 would be sufficient for the
site work to be completed at Ogden Park.
Project Engineer Shaw reported the $265,000 should be adequate
to complete the road construction. He reported when projecting
figures the problems being experienced, such as waist-deep water
and soils were considered, therefore, the funds should be adequate
if some unforeseen problem does not occur.
Commissioner Barone expressed concern for the cost overruns
and reported if funding was approved for completion of the projects
as planned, she would be very upset if additional funds or
surprises were presented at a later date.
Commissioner Sisson expressed concern for other parks falling
into disrepair because of funding for a park that is not yet in
existence. He requested the Parks Director to complete the Castle
Hayne Park and be sure that small improvements to existing parks
are carried out as planned.
Deputy County Manager Atkinson recommended reducing the
$157,466, already budgeted to complete the Castle Hayne Park and
improvements to other parks, to $127,466 so the difference can be
used to ensure the work planned for the other parks will be
performed.
Substitute Motion: After further discussion of the need to allow
additional funds for work on existing parks, Chairman Greer MADE
A SUBSTITUTE MOTION to proceed with constructing the pavilion as
planned with removing $400,000 from the general fund, instead of
$430,000 as listed in Option II, contingent upon curtailing capital
improvements for the Parks Department in the FY 1996-97 Budget to
make up for the funding shortfall, and approve the appropriate
Budget Amendments. Vice-Chairman Mathews SECONDED THE SUBSTITUTE
MOTION. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Parks Director Lewis apologized for the cost overrun, and he
expressed appreciation to the Board for taking action that will
allow the Parks Department to remain on its schedule.
DISCUSSION OF THE CURRENT POLICY FOR CHANGE ORDERS
Chairman Greer requested the Board to direct Staff to reV1ew
the current policy for approving change orders on all capital
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 183
projects. He recommended establishing a policy that would require
Board approval of any change order that exceeds a certain amount of
money on a capital project. He also expressed concern for funds
not being specifically earmarked for each capital project, and he
requested the Finance Director to implement some type of policy
that will immediately reflect a cost overrun occurring in any
budgeted capital proj ect. He emphasized the importance of not
allowing another Ogden Park incident to occur with a future
proj ect.
Commissioner Barone agreed with Chairman Greer and stated the
Ogden Park project had been very poorly handled.
Deputy County Manager Atkinson responded he would be glad to
check into the current policy and report back to the Board;
however, the bond issue for parks did not require specific
designation of funds for each capital project.
Consensus: After further discussion of using poor judgement by
allowing one person to approve change orders in large amounts, it
was the consensus of the Board to direct Staff to prepare the
following reports: (1) a recommendation that will require Board
approval of change orders that exceed a certain amount of money;
and (2) a policy that will earmark the exact amount of funds
appropriated for each capital project to be sure that funds
budgeted are not over spent.
PATIO GARDEN AREA TO BE NAMED AFTER NEW HANOVER COUNTY IN THE NEW
HOSPICE CARE CENTER IN RECOGNITION OF THE COUNTY'S FUNDING
CONTRIBUTION
Chairman Greer advised that a letter had been received from
the Lower Cape Fear Hospice providing an opportunity for the County
to designate an alcove or patio garden in the new Hospice Care
Center in recognition of the County's $10,000 funding contribution.
He reported the City approved a $30,000 funding request with an
appropriation of $10,000 for three years; however, the County
approved a $10,000 funding request for one year without committing
to continued funding for two additional years. He requested
direction from the Board.
Commissioner Barone commented on the list received and
recommended reserving and naming #45, the entrance area to the
patio garden, after New Hanover County.
Consensus: It was the consensus of the Board to reserve space #45,
in the patio garden, to be named after New Hanover County for its
$10,000 funding contribution to the Hospice Care Center.
DISCUSSION OF TEN-YEAR NEEDS ASSESSMENT FOR NEW HANOVER COUNTY
SCHOOLS
Deputy County Manager Atkinson reported a 10-year needs
assessment survey for New Hanover County Schools was just received
in the Manager's office from the School Administrative Office. He
distributed the survey that was going to be presented to the Board
of Education at its meeting tonight and reported a copy of the full
report would be forwarded to each County Commissioner.
Deputy County Manager Atkinson reported the survey basically
reflects that $308,335,537 will be needed over a ten-year period to
meet the needs of New Hanover County Schools. He explained that a
School Capital Construction Study Commission was appointed by the
N. C. General Assembly to work with schools throughout the State to
assess the school needs and costs that would be involved with
providing those needs. He advised that the needs assessment survey
had to be approved by the Board of Education and the Board of
County Commissioners. If the survey was not approved by the Board
of County Commissioners, the Board would have to submit a survey
with funding justifications no later than January 15, 1996. If the
Board could not meet that deadline, a letter would have to be
written no later than January 8, 1996, to the N. C. Department of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 184
Public Instruction explaining the reason for the delay and
informing the department when the survey would be received.
Budget Director, Cam Griffin, reported that Mr. George W.
Hance, Assistant Superintendent of Schools, had very little time to
prepare the survey. He informed her that figures for heating, air-
conditioning, roofing, and redistricting had not been included in
the survey; therefore, a more realistic plan of costs would be
prepared and forwarded to the Board in March or April.
Chairman Greer inquired as to whether the cost per student
throughout the State of North Carolina could be furnished. He
expressed concern for the Board of Education making a wish list,
such as networking for children in the elementary schools, and
reported the General Assembly's intent was for the Committee to
receive a survey based on actual needs and the true costs for
providing those needs.
Consensus: After discussion of needing more time to review the
survey, it was the consensus of the Board to request the Deputy
County Manager to call the N. C. Department of Public Instruction
to see if the deadline could be extended and report back to the
Board on January 16, 1996.
Discussion was held on scheduling a meeting with the Board of
Education to discuss the needs assessment survey. Chairman Greer
recommended the possibility of two County Commissioners meeting
with school officials and a few members of the Board of Education
to discuss the survey and school needs in New Hanover County.
Commissioner Caster asked if the Board of Education was
considering the fairgrounds on Carolina Beach Road as a site for
the fourth high school, and reported he had heard the land was
being considered for development.
Deputy County Manager Atkinson responded he would be glad to
discuss this matter with the school officials.
Commissioner Barone expressed concern for the amount of land
being removed from the tax rolls for the construction of new
schools.
STATUS REPORT ON THE SOUTHEASTERN CENTER
Commissioner Sisson commented on the success of the
Southeastern Center in recovering from difficult financial times
and presented the following report.
(1) At the end of FY 1994-95, the Southeastern Center ended with
a positive cash flow of $400,000.
(2) Presently, there is an undesignated Fund Balance of $750,000
with a total fund balance of $2,751,626. On a monthly basis,
revenues have exceeded 15% more than projected in the budget.
(3) At the beginning of December, 1995, collections were $250,000
ahead of revenue projections.
Commissioner Sisson complimented Area Director, Dr. Arthur F.
Costantini, for an excellent job in providing the leadership
necessary to overcome a financial deficit. He reported a copy of
the Progress Report would be forwarded to the Board.
Discussion was held on uncollectible debts. Commissioner
Sisson reported the debt occurred when the Southeastern Center was
using an unrealistic billing process. At that time, all clients
were billed $65 per hour regardless of whether the client could or
could not pay for the service. In order to resolve this matter,
approximately $3,000,000 was written off as bad debt, and the
remaining portion was turned over to a collection agency.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, JANUARY 2, 1996
BOOK 25
PAGE 185
Commissioner Caster inquired as to whether the Center had been
able to upgrade its salary schedule?
Commissioner Sisson responded the employees received a 7% pay
raise, which did not bring them in line with the County's salary
schedule, but did upgrade the salary schedule.
DISCUSSION OF TIME SPENT BY LAW ENFORCEMENT OFFICERS IN THE
HOSPITAL EMERGENCY ROOM
Commissioner Sisson reported frequently a City of Wilmington
Police Officer or County Deputy will spend eight to nine hours
waiting in the Emergency Room with patients suspected of substance
abuse. He advised that a committee had been formed to work with
the Southeastern Center, the Oaks, and the Emergency Room to
develop a plan to eliminate this problem. A recommendation is
being prepared to consider establishing an emergency retention
facility to deal with mentally ill and substance abuse patients.
One proposal will recommend operating the facility only on
weekends. The other proposal will recommend full-time operation of
the facility including a cost projection. The committee feels that
the full-time operation of an emergency retention facility will
save time and money for Emergency Response personnel, Police
Officers, and Deputies, as well as all law enforcement officers in
Brunswick and Pender Counties. He reported if a full-time facility
is established, the City of Wilmington should be requested to
participate in funding the operation.
DISCUSSION OF PROBLEMS EXPERIENCED BY CITIZENS WHEN TRYING TO
OBTAIN BUILDING PERMITS FROM THE INSPECTIONS DEPARTMENT
Commissioner Caster commented on a problem experienced by a
citizen trying to obtain a permit from the Inspections Department
and complimented the Inspections Director, Jay Graham, and his
Staff for working with him to resolve the matter. He expressed
concern for some of the landscaping requirements and stated, in his
opinion, this issue should be reviewed by staff.
BUDGET RETREAT TO BE HELD ON JANUARY 18, 1996, AT THE BLOCKADE
RUNNER, WRIGHTSVILLE BEACH
Clerk to the Board, Lucie F. Harrell, reported the Budget
Retreat would be held on January 18, 1996, at the Blockade Runner
in the Florida Room from 8:30 A.M. until 5:00 P.M.
DISCUSSION OF COMMUNICATIONS TOWER BEING CONSTRUCTED BY BELL SOUTH
County Attorney Copley reported Attorney Joe Taylor had just
informed her that he was representing Bell South with construction
of the communications tower on Carolina Beach Road. She noted that
Attorney Taylor had expressed a desire to work with the Board, and
reported the City of Fayetteville and Chapel Hill had tried to
declare a moratorium with the cases being dismissed by the courts.
She advised that Fayetteville and Chapel Hill had adopted
ordinances to protect surrounding residential communi ties, and
reported once copies were received, the Legal Department would
prepare an ordinance to be considered by the Board.
DISCUSSION OF FUND BALANCE
Finance Director, Bruce Shell, reported when discussing the
Ogden Park Capital Project, Commissioner Barone had inquired about
the exact amount of the fund balance. He advised that the total
fund balance was $38 million with $22 million being undesignated.
ADJOURNMENT
Chairman Greer adjourned the meeting at 9:30 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board