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1995-08-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 849 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 7, 1995, at 6:30 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; County Manager, Allen 0' Neal; 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 ln the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following item was presented: Ms. Joyce Binkley expressed concern for problems being experienced with dogs and cats running freely in neighborhoods, and she requested the Commissioners to approve the additional Animal Control Officer position for better enforcement of the Animal Control Ordinance. APPROVAL OF CONSENT AGENDA Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Barone stated, for the record, she voted in opposi tion because she did not have time to properly study the items on the Consent Agenda. Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of July 5, 1995, and the minutes of the Consolidation Study Commission meeting of July 18, 1995, as presented by the Clerk to the Board. Ratification of the Reappointment of John Keith to Serve as the Extraterritorial Member of the Carolina Beach Planning and Zoning Commission The Commissioners ratified the reappointment of John Keith to serve a three-term on the Carolina Beach Planning and Zoning Commission as the extraterritorial member. Acceptance of Report of Disposals of Personal Property The Commissioners accepted the report on Disposals of Personal Property in accordance with NCGS 160A-266(c) detailing sales under this procedure for the period beginning January I, 1995, through June 30, 1995. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 850 Approval of New Family Planning Fees - New Hanover County Health Department The Commissioners approved the new Family Planning Fees as adopted by the Board of Health because of changes in Medicaid rates for services effective July 1, 1995. Adoption of Resolution for the Sale of Surplus Property Owned Jointly by the City of Wilmington and New Hanover County The Commissioners adopted a resolution to authorize the sale of surplus property jointly owned by the City and County with acceptance of the following offer: Parcel Number R0054-10-023-007.000 R0054-10-023-010.000 Address 1103 Dawson Street 1107 Dawson Street Amount of Offer $1,200 $2,600 Tax Value: 1103 Dawson Street 1107 Dawson Street $1,865 $2,364 Offerer: New Covenant Holiness Church 1102 Dawson Street A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 40. Adoption of Resolution for the Sale of Surplus Property Owned Jointly by the City of Wilmington and New Hanover County The Commissioners adopted a resolution to authorize the sale of surplus property jointly owned by the City and County with acceptance of the following offer: Parcel Number 054-13-009-011.000 Address 707 Meares Street Amount of Offer $1,500 Tax Value: 707 Meares Street $2,376 Offerer: Phillip & Gloria Fields 1019 S. 7th Street A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 40. Adoption of Resolution to Add Roads to the State Highway System The Commissioners adopted a resolution to add roads in the Dorsett Place Subdivision - Phase I. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 40. Authorization for the Filing of a Grant Application for the provision of Summer Programming for School-Age Youth - Cooperative Extension The Commissioners authorized Cooperative Extension to file a grant application in the amount of $55,000 from North Carolina State University to provide summer programming for school-age youth. Approval of Budget Amendment 96-06 - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-06 - Federal Forfeited Property Debit Credit Federal Forfeited Property Federal Forfeited Property Federal Forfeited Property Supplies $10,264 $10,264 Purpose: To budget additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law endorsement activities as the Sheriff deems necessary. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 851 Approval of Budget Amendment #96-0010 - Commissioners/Planning Department The Commissioners approved the following Budget Amendment: 96-0010 Commissioners/Planning Debit Credit County Commissioners Appropriated Fund Balance $8,780 Planninq General Contract $8,780 Purpose: To budget funds collected ln prlor years as repayments for CDBG eligible activities. Approval of Budget Amendment 96-0009 - Various Departments The Commissioners approved the following Budget Amendment: Budget Amendment # 96-0009 Various Departments Debit Credit County Commissioners' Office Appropriated Fund Balance $706,923 Property Manaqement Other Improvements $219,000 Enqineerinq Building $ 19,000 Sheriff's Department Other Improvements $ 33,023 Planninq Contracted Services $ 30,000 Health Department/Administration Other Improvements $ 52,900 Cape Fear Community Colleqe Land Cost $110,000 Library Maintenance & Repair/Building & Grounds $ 64,000 Parks Other Improvements $179,000 Environmental Manaqement Fund Appropriated Fund Balance $165,128 WASTEC/Maintenance Maintenance & Repair/Equipment $165,128 Water & Sewer Fund Appropriated Fund Balance $120,000 Water & Sewer Enqineerinq Contracted Services $120,000 Purpose: To rollover the following expenditures from FY 1994-95 to FY 1995-96: (1) Property Management - for renovations to County Administration Building and replacement of Library Roof. (2) Engineering - for expenditures related to new 800 MHZ tower. (3) Sheriff/911 Center - for 911 Center renovations. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 852 (4) Planning - for completion of water quality study and software upgrades for ARC Information package that runs on GIS work stations. This will allow more people to use the system. (5) Health Department for renovations to Health Department building, including a ramp. (6) Cape Fear Community College - for land acquisition which was approved by the Board of County Commissioners in FY 1994-95. (7) Library - for replacing the carpet. (8) Parks - for Ogden and Castle Hayne park projects, which were started later than anticipated. (9) Environmental Management Fund - for carryover of contracts approved by the Board in FY 1994-95 that were not executed prior to June 30, 1995. (10) Water & Sewer Fund - for Water & Sewer Ground Water Study. Approval of Budget Amendment 96-0012 - Various Departments The Commissioners approved the following Budget Amendment: 96-0012 - Various Departments Sheriff/911 Departmental Supplies Debit Credit $831,521 $ 3,384 $ 8,853 $ 812 $ 2,359 $ 16,047 $ 13,390 $ 49,838 $370,408 $ 1,335 $ 2,130 $ 9,980 $ 14,036 $ 10,311 $ 8,055 $129,026 $ 12,500 County Commissioners' Office Appropriated Fund Balance County Manaqer Departmental Supplies Capital Outlay - Equipment Finance Department Departmental Supplies Capital Outlay - Equipment MIS Contracted Services Departmental Supplies Capital Outlay - Equipment Tax Contracted Services Reqister of Deeds Departmental Supplies Capital Outlay - Equipment Property Manaqement M&R Buildings & Grounds Other Improvements Enqineerinq Building Sheriff/Administration Uniforms Motor Vehicle Purchases EMS M&R Auto & Trucks $ 5,784 Courts Capital Outlay - Equipment $ 28,057 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 (Budget Amendment #96-0012 continued) Inspections Contracted Services Planninq General Contractor Capital Outlay - Equipment Cooperative Extension Other Improvements Health/Environmental Capital Outlay - Equipment Health/Vector Control Departmental Supplies Health/Animal Control Departmental Supplies Social Services/Administration Departmental Supplies Capital Outlay - Equipment Motor Vehicles Purchases Human Services Transportation System Motor Vehicle Purchases Museum Departmental Supplies Capital Outlay - Equipment Environmental Manaqement Appropriated Fund Balance WASTEC/Maintenance M&R Buildings & Grounds M&R Equipment M&R Auto & Trucks Landfill Contracted Services Water & Sewer Appropriated Fund Balance Water & Sewer Enqineerinq Motor Vehicle Purchases M&R Equipment BOOK 24 PAGE 853 Debit Credit $ 8,059 $ 4,999 $ 3,437 $ 2,115 $ 3,549 $ 1,288 $ 6,129 $ 219 $ 12,388 $ 14,798 $ 84,267 $ 436 $ 3,532 $99,761 $ 2,774 $ 26,150 $ 6,725 $ 64,112 $32,827 $ 23,730 $ 9,097 Purpose: To budget appropriated fund balance for outstanding purchase orders as of June 30, 1995. The purchase order amounts should be added to each appropriation as it appears in the Budget Ordinance in order to account for the payment against the fiscal year in which it is paid. ADOPTION OF RESOLUTION TO SUPPORT THE CONTINUATION OF PUBLIC WORKS PROJECTS PERFORMED BY THE U. S. ARMY CORPS OF ENGINEERS Chairman Greer reported an amended resolution had been prepared as requested by the Board on July 17, 1995, and he requested a motion to adopt the resolution as rewritten to urge the continuation of public works projects by the U. S. Army Corps of Engineers. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt the resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 854 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 40. WITHDRAWAL OF ITEM 2, CONSIDERATION OF AN AMENDMENT TO THE COUNTY POLICY RELATED TO REQUIREMENTS FOR INITIAL PAYMENT TO CONTRACTORS Chairman Greer announced this item had been withdrawn by the County Manager. REPORT ON THE DEPARTMENT OF SOCIAL SERVICES (DSS) BUILDING EXPANSION Deputy County Manager, Andrew J. Atkinson, reported bids were received for the DSS building expansion project on June 21, 1995. The cumulative total of the three prime contract bids exceeded the budget by $198,450. Following several meetings with the Architect and DSS representatives, it was determined that in order to bring costs down significantly and meet the current needs of the Department of Social Services, it was decided to shell in 4,000 square feet with the provision of a roof and exterior wall to protect the structure from weather. The unfinished area is to be finished as needed by the Department of Social Services. Due to the significant spread between the bids, Staff is requesting the following action: (1) rej ection of all general construction bids; (2) authorize Staff to re-bid the general construction work with an alternative bid to complete the unfinished area; and (3) negotiate with the Electrical and HVAC contractors with the negotiated price being approved by the Board of County Commissioners. Commissioner Barone stated, for the record, she and Commissioner Caster were members of the Building Committee and they had recommended leaving the back area of the DSS expanSlon unfinished in an effort to keep the cost at a minimum. At that time, she was told by the newly hired Project Engineer, George Shaw, that leaving an unfinished shell would not be acceptable because of weather damage to the structure. Concern was expressed for now being told that an unfinished area would be acceptable. Discussion was held on the budget for the DSS expansion. Deputy County Manager Atkinson reported the project cost was $1.2 million with funds appropriated in the FY 1995-96 Budget to pay the installment debt service. The County would pay for the project up front and receive reimbursement for the project over the life of the building through depreciation. Also, 50% of the interest paid on the building annually would be reimbursed to the County at the end of each year. Commissioner Barone advised the Building Committee was informed the expansion would be paid back over a five-year period, and she inquired as to whether this had changed? Deputy County Manager Atkinson responded the County would not be reimbursed for the cost of the building over a five-year period; however, the County would be reimbursed 50% of the interest costs over a five-year period. The cost of the building would be depreciated over the life of the building with reimbursement on an monthly basis. Commissioner Barone responded the Building Committee was misinformed. The Committee was informed the money had to be paid up front with 50% of the funds reimbursed over a five-year period. Motion: After discussion of the N. C. Department of Human Resources being satisfied with the plan, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to reject the general constructions bids received; authorize Staff to re-bid the general construction work with an alternate bid to complete the unfinished area; and negotiate a price with the Electrical and HVAC contractors with the negotiated price being approved by the Board of Commissioners. The floor was opened for discussion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 855 Discussion was contractors outside Shaw, reported the bidders from other submitted. held on trying to receive bid proposals from the area and state. Project Engineer, George archi tect, John Sawyer had tried to obtain areas; however, no bid proposals had been Commissioner Barone asked Mr. Shaw if he remembered when they were walking through the DSS building and she suggested leaving the back portion of the building unfinished? She advised at that time Mr. Shaw became quite upset and informed her that due to the high humidi ty and other problems, an unfinished structure would be damaged from weather conditions. She expressed concern for being told now that this idea was acceptable, and she requested Mr. Shaw to comment. Project Engineer, George Shaw, responded he did not recall that conversation. Commissioner Barone strongly objected to the response by Mr. Shaw and reported he must have some form of memory lapse. After discussion of having the option to complete the entire building or leave a portion unfinished, Chairman Greer called for a vote on the MOTION to reject the bids received, re-bid the construction work with a request for an alternate bid to complete the unfinished area; and negotiate with Electrical and HVAC contractors with the final negotiated price being approved by the Board of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY MANAGER Due to being ahead of schedule, the Board decided to discuss additional items. Employee Appreciation Day Scheduled for October 19, 1995 County Manager O'Neal requested the Board to schedule a date for Employee Appreciation Day. Consensus: After discussion, it was the consensus of the Board to schedule" Employee Appreciation Day" on Thursday, October 19, 1995, at Hugh MacRae Park from 11:00 A.M. until 2:00 P.M. Discussion of Dates for Scheduling Public Forums on Consolidation County Manager O'Neal advised he was working with the City Manager to select appropriate dates to schedule the three public forums to be held to answer questions on the consolidation issue. He reported once tentative dates had been selected, he would notify the Board. Commissioner Barone reported the City had suggested televising the forums in the northern and southern end of the County with the tapes being re-broadcast on the City's Government Access Channel. She requested the County Manager to check into this matter. County Manager O'Neal responded he would be glad to check into this matter and report back to the Board. Commissioner Barone commented on receiving calls from persons in opposition to consolidation and reported these citizens feel the same amount of money spent on the promotion of consolidation should be set aside in a separate account for persons to use in opposing consolidation. She stated, in her opinion, these citizens want a third choice, which is neither annexation or consolidation. County Manager O'Neal reported a factual question and answer brochure was being prepared on consolidation; however, the brochure would not promote the issue. He assured the Board that Staff would carefully prepare the brochure in an objective manner. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 856 Work Session Scheduled for August 31, 1995 County Manager O'Neal requested scheduling a Work Session to hear a presentation from the MIS Director about the County's response to new State regulations governing public access of computer data. Consensus: It was the consensus of the Board to schedule a Work Session on Thursday, August 31, 1995, at 10:15 A.M. in Conference Room 501 of the New Hanover County Administration Building. Acceptance of Grant Award from the Victims of Crime Act Governor's Crime Commission and Approval of Budget Amendment #96-0016 Deputy County Manager, Andrew J. Atkinson, reported New Hanover County had been awarded a grant in the amount of $55,947 for pass-through to Coastal Horizons for child sexual abuse treatment. The grant does not require a County match. Commissioner Barone inquired as to whether any County employees, buildings, insurance, or billings would be involved with the grant award? Deputy County Manager Atkinson responded the only County assistance would be given through an expenditure of funds for the County's audit report. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to accept the grant award in the amount of $55,947, authorize the County Manager to sign as the authorizing official, and approve the associated Budget Amendment as listed below. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #96-0016 - Human Services (Flow Through Grant) Debit Credit Human Services Victim's Assistance $55,947 Human Services Victim's Assistance $55,947 Purpose: To establish budget for Child Sexual Abuse Treatment grant awarded to Coastal Horizons. The grant will flow through the County. Approval of Contract #96-0046 with BPA Environmental & Engineering, Inc. Assistant County Manager, Dave Weaver, reported the Groundwater Task Force had reviewed the qualifications of twelve groundwater consulting firms. After a review of four firms, the Task Force recommends that New Hanover County enter into a contract with BPA, Inc. for Phase I of the study at a cost of $43,145. This phase will provide for existing data acquisition and analysis, modeling, and recommendations for well field development and protection. The following funding commitments have been received for the three phases of the study: New Hanover County Water & Sewer District City of Wilmington Town of Wrightsville Beach $120,000 $ 10,000 $ 9,000 The Commissioners were requested to approve the contract with BPA, Inc. Vice-Chairman Mathews inquired as to when the first phase would be completed? Assistant County Manager Weaver responded within twelve (12) weeks after the effective date of the contract. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 857 Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the contract with BPA, Inc. in the amount of $43,145 to perform Phase I of the groundwater study. The Chairman was authorized to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. APPROVAL OF INCREASING ANIMAL CONTROL FEES Health Director, Robert E. Parker, reported on June 7, 1995, the Board of Health adopted fee changes in the Animal Control fees. The purpose for increasing the fees was to provide a deterrent for repeat offenders of the Animal Control Ordinance. The Commissioners were requested to approve the Civil Citation fees as recommended by the Board of Health. Commissioner Barone stated, for the record, animal control was not an animal problem, but a people problem. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to approve the changes in the Animal Control fees as recommended by the Board of Health. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone DENIAL OF A REQUEST FOR A NEW ANIMAL CONTROL OFFICER POSITION Health Director, Robert Parker, reported on July 5, 1995, the Board of Health voted to request a new Animal Control Officer position at a salary of $27,601. Due to the number of dog bites, one Animal Control Officer position spends a majority of time dealing with compliance to the State Dangerous Dog Act. During the last five years, the County's population has increased 12% with animal bites increasing 36% and Animal Control Officer positions decreasing by 33%. With continued growth in population, a new Animal Control Officer position is needed to enforce the Animal Control Ordinance. No additional County funds will be required because the new fee increases will cover the cost of the position. A lengthy discussion was held on the importance of having coverage over the weekends because of increased activities, and the number of calls received relative to problems with dogs and cats running loose in neighborhoods. Vice-Chairman Mathews commented on being informed that staggered schedules were not being used over the weekends, and he asked if this was true? Ms. Jean McNeil, the Field Supervisor of the Animal Control Center, responded there was a vacant Animal Control Officer position with interviews being held last week to fill that vacancy. Due to this vacancy, all Animal Control Officers were scheduled to work the regular five-day work week in order to handle incoming calls. An Animal Control Officer is assigned on-call duty during the weekends to respond only to dog bites or dangerous dog calls. Until the vacancy occurred, the 11:30 A.M. until 8:00 P.M. shift of four out of five days was used with Wednesday off and a regular work day on either Saturday or Sunday. Once the vacant Animal Control Officer position is filled and if the new position is approved, the Animal Control Center should be able to provide coverage for seven days a week. Commissioner Barone commented on a budget request by the Health Department for an additional Animal Control Officer position during the budgetary process and reported the County Manager and professional Staff did recommend approval of the position in the FY 1995-96 Budget. She stated, in her opinion, it would be difficult for the Board to approve an additional position when the County NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 858 Manager did not support the additional position in the budget, nor did he recommend approval of the position being considered tonight. She reported the Commissioners were informed numerous times that the reason for the new Animal Control Center going over the construction budget by approximately $400,000 was because of the need to design a less labor intensive facility which would require less personnel and allow more officers to perform field work. Based upon these facts, the Commissioners approved the additional funding. In her opinion, many County departments did not receive new positions requested in the FY 1995-96 Budget, the County Manager did not and has not recommended funding of a new Animal Control Officer position, and the facility should be opened for at least a year to see if some current personnel can be utilized in the field before approving a new position. If the additional position is needed at the end of the year, the position should be requested through the normal budget process for FY 1996-97. Commissioner Caster agreed with Commissioner Barone and reported he felt the position should be requested through the normal budgetary process. Chairman Greer reported for clarification of the record the Board of Health had requested the Health Director to request another Animal Control Officer position. Discussion was held on the use of a temporary person to assist with processing the backlog of paper work. Ms. McNeil responded a part-time temporary clerk from the Department of Human Resources had worked three weeks in July and was scheduled to work a few more weeks in August. Currently, the paper work has been processed through April. A lengthy discussion was held on the need to asslgn Animal Control Officers to work over the weekends. Commissioner Sisson reported on an incident that occurred with his wife where the officer on-call would not respond to her call because she had not been bitten by the dog. In this type of situation, the only alternative would be to call the 911 Center, which places the burden on the Sheriff's Department. He expressed concern for a lack of response to calls of this type over weekends when there is increased outside activity, and he recommended some form of Saturday and Sunday coverage. After further discussion, it was concluded that some coverage should be provided over weekends through the staggering of shifts. Health Director Parker explained that when the office is open during the week, all calls are received in the office and relayed directly to the Animal Control Officers in the field with quick responses. On weekends, the officer on patrol receives the calls through 911, which is a much less productive system. He reported he would be glad to provide Saturday and Sunday coverage through the staggering of shifts. Also, he would work with the 911 Center in implementing a system that would refer the calls directly to the Animal Control Officer in the field as well as develop a program to educate the community on how to properly register a complaint with the 911 Center over the weekends. Motion: After discussion of the rapid growth in the County, Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the request for a new Animal Control Officer and approve the associated Budget Amendment. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS and the request for the new position was DENIED: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 859 BREAK Chairman Greer called a break from 7:55 P.M. until 8:06 P.M. ADOPTION OF RESOLUTION OF INTENT TO CLOSE THE NORTHERN SEGMENT OF NASSAU ROAD IN SEDGEFIELD DEVELOPMENT NEAR THE 2200 BLOCK OF CASTLE HAYNE ROAD Planning Director, Dexter Hayes, reported a petition had been submitted by Ms. Patty Benjamin to close Nassau Road located 1,000 feet east of the Castle Hayne Road and the Jamaica Drive intersection. The Planning Staff recommends adoption of the Resolution of Intent; however, the Engineering Staff has expressed an interest in retaining a 30-foot utility easement. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt a Resolution of Intent to hold a Public Hearing on September 5, 1995, at 7:30 P.M. to consider the request to close a segment of Nassau Road. 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 XXII, Page 40. PUBLIC HEARING TO SOLICIT PROPOSALS FOR THE NORTH CAROLINA CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Chairman Greer opened the Public Hearing and inquired as to whether anyone present would like to comment. Staff Planner, Wanda Coston, reported the County was in the process of applying for a Community Development Block Grant under the Economic Development category. She reported a proposal had been submitted by a small business and if the project was accepted and the grant awarded, the County would use the funds to provide sewer to the business. Ms. Coston requested Mr. Robert Dunn, Executive Director of the Committee of 100, to comment on the proposal. Mr. Robert Dunn, Executive Director of the Committee of 100, advised the Board that New Hanover County was eligible to apply to receive grant funds for an economic development project that would create jobs targeted to assist low-to-moderate income persons. He requested the Commissioners to approve the filing of a Community Development Block grant to fund a sewer extension to the business site. The company in exchange would agree that 60% of the employees hired would be low-to-moderate income persons. A portion of the money could be used as a loan, and the State of North Carolina Commerce Finance Office, which is nationally recognized for its conservative approach, would oversee the funds. The loan would be secured through a bank with the credit of the company being thoroughly checked to ensure that no liability is incurred by New Hanover County. The Commissioners were requested to authorize the filing of the grant application. There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to authorize the County to file the Community Block Development grant application for the project submitted by the Committee of 100. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST BY RAIFORD TRASK, JR. TO REZONE 29 ACRES ON THE EAST SIDE OF MILITARY CUT-OFF ROAD NORTH OF LANDFALL FROM R-15 RESIDENTIAL TO O-I OFFICE AND INSTITUTION Chairman Greer opened the Public Hearing. Planning Director Hayes reported the Planning Board voted four to one to recommend approval of the rezoning with the following modification: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 860 "A 200 foot strip of land along the southern property line of the County library site would be zoned O-I." The member of the Planning Board in opposition to the request felt that rezoning the site would be contrary to the policies of the Land Use Plan and would set a precedent for similar requests along Military Cut-Off Road. Further discussion was held by the Planning Board with the conclusion that commercial expansion should be held at the library site. Planning Director Hayes reported the widening Cut-Off Road project was placed on the 1996-2002 Transportation Improvements Program at $4.5 construction to begin in 2002. of the Military North Carolina million with Discussion was held on whether funds could be removed for the widening of Military Cut-Off Road ln future years. Planning Director Hayes reported once a project was included in the Transportation Improvements Program, it was a funded program; however, the project could be postponed annually at the discretion of the Governor. vice-Chairman Mathews expressed concern for additional curb cuts where service roads could be installed in this type of project, and he inquired as to whether a service road could be required along the Military Cut-Off Road? Planning Director Hayes responded the only way to control installation of a service road is through a site review process which requires a site plan. He reported after a recent discussion with the local N. C. Department of Transportation Office, it appears that turn lanes will be required as a condition of the driveway permitting process along the Military Cut-Off Road. Chairman Greer inquired as to whether anyone from the general public would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Commissioner Sisson expressed concern for approving additional commercial uses in an already congested traffic area when Military Cut-Off Road will not be widened until the year 2002. He also expressed concern for the negative impact on drainage in this area wi th additional development, and he recommended requesting the peti tioner to apply for a conditional use zoning which would require a site plan and allow the County to have more control over the business uses and drainage plan. Chairman Greer reminded Commissioner Sisson of the Special Highway Overlay District, which provides protection for the site, and reported, in his opinion, installing a service road on this piece of property would not be practical. Commissioner Caster reported after recent conversations with real estate persons, it appears there is a need for additional commercial uses in this area. Also, after driving around the site, he does not feel the property is suited for residential development because of surrounding business uses. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the rezoning as recommended by the Planning Board, which includes no further commercial expansion beyond the County's library site. Substitute Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to request the petitioner to submit a conditional use application with some form of controlled access, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 861 whether a service road, turn lane, or consolidated driveway. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer Chairman Greer called for a vote on the ORIGINAL MOTION which was to approve the Planning Board's recommendation with the library site being the point where commercial development should be held. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner Sisson Vice-Chairman Mathews 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 ADOPTED JULY 1, 1985" is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 2, Page 36. PUBLIC HEARING TO CONSIDER A REQUEST BY H. PHILLIPS TO REZONE 1.64 ACRES AT 6201 AND 6205 MARKET STREET TO B-2 BUSINESS FROM I-1 LIGHT INDUSTRIAL Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported there was very little discussion about the B-2 Business rezoning request by the Planning Board. It was felt the rezoning would have very little impact on the area, and the Planning Board voted unanimously to approve the request. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following person commented: Mr. H. A. Phillips, the petitioner, reported he operated a animal clinic on Market Street and that in order to extend the runs, it was necessary to request rezoning the property from I-I Light Industrial to B-1 Business. He requested the Commissioners to approve the petition as recommended by the Planning Board. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve rezoning 1.64 acres at 6201 and 6206 Market Street to B- 2 Business from I-I Light Industrial. 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. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971," is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 6, Page 62. PUBLIC HEARING TO CONSIDER A REQUEST BY LIVE OAK DEVELOPMENT COMPANY TO REZONE 7.2 ACRES ON THE NORTHWEST SIDE OF MARKET STREET (8100 BLOCK) TO B-1 BUSINESS FROM R-15 RESIDENTIAL Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, presented a corrected map and reported the Planning Board voted four to one to recommend a modified version of the applicant's original petition. In an NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 862 effort to compromise concerns by the applicant about site design standards that were imposed because of the Special Highway Overlay District, the Planning Board decided to rezone only that portion of the site that was needed to accommodate the shopping center and provide a uniform depth of 880 feet parallel with Market Street. This would leave the balance of the site zoned R-15. Chairman Greer inquired as to whether anyone present would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Commissioner Sisson commented on the modified version of the petition and inquired as to whether the access concerns had been met? Planning Director Hayes responded most of the concerns had been met with the revised plan. Staff felt that if a commercial node was developed in this area, the revised plan would better accommodate the commercial activity. A small service road will extend straight across from Porters Neck Road to provide access to some of the properties. If additional requests are made north of this point, it is hoped the Board will try to restrict commercial activity to the southern part of the Market Street area at the Porters Neck intersection. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to approve the rezoning request as modified 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. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6,1971," is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 27. PUBLIC HEARING TO CONSIDER AN EXEMPTION FOR MANUFACTURED HOMES IN EXISTING MANUFACTURED HOME PARKS AS DEFINED IN THE ORDINANCE FROM THE ADDITIONAL TWO FOOT ELEVATION REQUIREMENT AND RELATED REVISIONS Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the proposed Text Amendment was approved at the last meeting; however, a Public Hearing was not advertised. Because of State regulations, the regulations cannot become effective until thirty days after the advertisement, which would be an effective date of September 1, 1995. Also, the State of North Carolina and Federal Emergency Management Agency (FEMA) must approve the regulations. After review by the State, the Text Amendment has been slightly modified, and a revised copy was presented to the Commissioners for approval. Chairman Greer inquired as to whether anyone from the general public would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to approve the Text Amendment as revised by the State to become effective September 1, 1995, contingent upon a favorable report from FEMA. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Text Amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 40. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 863 PUBLIC HEARING TO CONSIDER NAMING AND ASSIGNING HOUSE NUMBERS TO A PRIVATE ROAD 1,600 FEET WEST OF THE SONDEY ROAD/CASTLE HAYNE ROAD INTERSECTION ON THE SOUTHSIDE OF SONDEY ROAD Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the unimproved and unnamed private road was located off the 3700 block of Sondey Road in Castle Hayne, N. C. The property owners adjoining the road have agreed to Mazur Drive as the name for the street. House numbers will be assigned based on the County's numbering grid system. The effective date of the change is tentatively scheduled for October 13, 1995, and the County will be responsible for installing a street sign, if approved. Chairman Greer inquired as to whether anyone from the general public would like to comment. No comments were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve naming the private road to Mazur Drive and authorize Staff to assign house numbers effective October 13, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 8: 50 P.M. until 8:55 P.M. to hold a regular meeting of the Water & Sewer District. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Authorization for the County Attorney to Request Judges to Assign Community Service Work to Repeat Offenders of the Animal Control Ordinance Commissioner Sisson commented on the need to keep people from being multiple offenders of the Animal Control Ordinance and reported after discussion with the County Attorney, he would like to implement an ordinance that would require a triple offender to serve time, not in jail, but in the provision of community service, such as cleaning out cages in the Animal Control Shelter. County Attorney Copley read the following portion of Section 3-23 of the New Hanover County Code, and reported violation of the Animal Control Ordinance is a misdemeanor by law: "Pursuant to State Law it is a misdemeanor punishable by a fine not to exceed $500 or imprisonment not to exceed 30 days to violate any provisions of this chapter unless otherwise provided herein." County Attorney Copley advised that the Animal Control Director or an Animal Control Officer could swear out a criminal warrant with prosecution by the District Attorney's office. Consensus: After discussion of an offender never serving a day in jail under intermediate sentencing, it was the consensus of the Board for the County Attorney to write a letter to the Judges requesting that multiple offenders be charged a $500 fine and consideration be given to assigning community service work, such as cleaning out the cages at the Animal Control Shelter. Authorization to Proceed with Hiring of an Fire Administrator Commissioner Sisson requested authorization to formulate a Search Committee for hiring a Fire Administrator position as approved by the Consolidation Study Commission. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 7, 1995 BOOK 24 PAGE 864 Motion: Commissioner Sisson MOVED, Mathews to proceed with formulating a County Fire Administrator position. discussion. SECONDED by Vice-Chairman Search Committee to hire a The floor was opened for Commissioner Barone expressed concern for an Administrative position by itself, but stated if the position was to be an Assistant Fire Chief, she would support the idea. Commissioner Sisson responded the position would be considered as an Assistant Fire Chief. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of Drainage Problems on Kelly Road Commissioner Caster inquired as to whether the Kelly Road drainage problems had been resolved? Assistant County Manager, Dave Weaver, advised that drainage had become a problem in this area because the underground drainage pipes were too small to handle large amounts of rainfall from severe storms. The Mosquito Control Division of the Health Department has been considering cleaning out the ditch running up to Beasley Road behind the houses on the west side of Kelly Road. He advised if the ditch is cleaned out, the immediate drainage problem should be alleviated, but the problem would not be resolved. Discussion was held on the current drainage requirements for subdivisions and the need for the County to implement a drainage plan. It was generally concluded that regardless of whether consolidation is approved or disapproved by the voters in October, the County will have to move forward with some type of drainage plan. Commissioner Sisson recommended implementing a policy that would require the same size of drainage pipes for new subdivisions where one subdivision connects to another subdivision. He reported this type of policy could be adopted and enforced by the Engineering Department. ADJOURNMENT Chairman Greer adjourned the meeting at 9:01 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board