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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