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1996-10-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 628 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 7, 1996, 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 William A. 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. Commissioner Sandra Barone was absent. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew J. invocation. Atkinson, gave the Chairman Greer announced the Webelos Scouts of Pack 215 were present to observe some of the functions of government and reported the Troop would lead the audience in the Pledge of Allegiance to the Flag. On behalf of the Board, Chairman Greer expressed appreciation to the Webelos Scouts for performing the Flag Ceremony. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. The following items were presented: Ms. Rhonda Smith, a resident of Candlewood Drive, presented petitions of approximately 100 signatures from residents living in Murrayville-Quail Woods, Brittany Woods Phase II, and Smith Creek Estates, concerned about flooding in the area due to impervious surfaces. She reported the Murrayville-Quail Woods and Brittany Woods Phase II outfall emptied directly into Smith Creek creating flooding that has impacted the livability of the neighborhoods, particularly at the lower end of Candlewood Drive in Smith Creek Estates. Residents in this area cannot go to and from their homes, children are playing in canoes, and many homes have standing water at their doorsteps. Ms. Smith urged the Board to place top priority on immediately moving forward with a water management project for Smith Creek to resolve flooding in this area. Chairman Greer expressed appreciation to Ms. Smith for her remarks and stated unfortunately many areas in the County were experiencing flooding problems because of the unusually heavy rainfall. He reported drainage was a serious problem in the County and stated this issue would have to be addressed by the Board. APPROVAL OF CONSENT AGENDA Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 629 CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Regular Meeting of August 19, 1996 Regular Meeting of September 3, 1996 Emergency Sessions: September 4, 1996 September 6, 1996 September 7, 1996 September 8, 1996 September 9, 1996 September 13, 1996 Adoption of Resolutions to Add Roads to the State Highway System The Commissioners adopted resolutions to add the following roads to the State Highway System: Roads ln Laurel Ridge Subdivision Roads ln Gorman Plantation Roads ln the Cedars at Gorman Plantation Roads ln Heritage Woods, Sections 1 & 2 Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 27. Ratification of Proclamation Designating September 23-29, 1996 as "Lions Eye Health Week" in New Hanover County The Commissioners ratified a proclamation designating September 23-29, 1996, as LIONS EYE HEALTH WEEK in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 27. Acceptance of Additional Home and Community Care Block Grant for the Department of Aging and Approval of Budget Amendment #97-0049 The Commissioners authorized acceptance of an additional Home and Community Care Block grant for the Department of Aging and approved the associated Budget Amendment to remove elderly persons from the waiting list for Home Delivered Meals, provide in-home aide, and establish a Group Respite Program for caregivers. No additional County funds will be needed. Approval of Budget Amendment #97-0049 - Department of Aging The Commissioners approved the following Budget Amendment: 97-0049 - Department of Aging AGinG/Nutrition-Home-Delivered Meals Nutrition-CCBG-Home-Delivered Temporary Salaries CS-Meals Departmental Supplies Volunteer Auto Expense AGinG/In-Home Aide Nutrition-CCBG-In-Home Aide Contracted Services AGinG/Adult Dav Care CCBG-Adult Day Care Contracted Services AGinG/Senior Center Title III - Health Grant Title III Health Grant Debit Credit $21,247 $9,635 $9,200 $1,292 $1,120 $68,045 $68,045 $10,198 $10,198 $13,878 $13,878 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 630 Purpose: To Budget additional grant funds for home-delivered meals, in-home aide, and to establish a group respite program for care glvers. Approval of Budget Amendment #97-0042 Human Service Transportation Department The Commissioners approved the following Budget Amendment: #97-0042 - Human Service Transportation Debit Credit Human Service Transportation Transportation Assistance Grant $10,515 Elderly Disabled $7,697 2,818 Purpose: To increase budget to actual amount of grant award for Fiscal Year 1996-97 ($40,702) and rollover unexpended grant funds from Fiscal Year 1995-96 to Fiscal Year 1996-97. Received funds in the amount of $39,584 in 1995-96 and expended $30,186.65. Approval of Budget Amendment #97-0043 - March of Dimes Grant - Health/Maternal Health The Commissioners approved the following Budget Amendment: #97-0032 - Health/Maternal Health Debit Credit Health/Maternal Health March of Dimes Grant $500 Departmental Supplies $500 Purpose: To budget a March of Dimes grant to support the "Baby Talk" Teen Prenatal Education Program. Approval of Budget Amendment #97-0044 - State Mosquito Funds - Health/Vector The Commissioners approved the following Budget Amendment: #97-0044 - Health/Vector Debit Credit Health/Vector State DEHNR - Emergency Fran $82,000 Contracted Services Departmental Supplies $30,000 $52,000 Purpose: To Budget emergency State mosquito funds for mosquito spraYlng after Hurricane Fran. Adoption of a Resolution Regarding the Creation of a Joint County/City Committee to Consider a Unified Approach to the Governance, Operation and Delivery of Water and Sewer Services The Commissioners adopted a resolution for establishment of a committee comprised of two (2) City Council members and two (2) County Commissioners to develop a specific plan for uniting all City and County water and sewer services as authorized by the North Carolina General Statutes. An interim report by the Committee will be presented to both governing bodies on or before May 1, 1997 with the organization instituted on or before December 1, 1997. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 27. CONSIDERATION OF FALCON CABLE EQUIPMENT AND INSTALLATION RATE REVIEW Chairman Greer reported Action Audits, the County's cable NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 631 consultant, had reviewed the FCC-1205 filed by Falcon Cable and recommends that New Hanover County take the following action: (1) Allow the public to comment. (2) Consider and adopt the Report and Recommendation of Action Audits, Inc. (3) Approve Order adopting the Report and Recommendation that the hourly service charge lease rate for equipment be approved contingent upon Falcon being required to substantiate the Wire Maintenance Agreement Charge. Chairman Greer asked if anyone from the public would like to comment. Ms. Janet Durham, representing the Greenbriar Homeowners Association, inquired as to what action could be taken regarding non-compliance of Falcon Cable to the franchise issued by the County. The clients being served by Falcon Cable are not receiving satisfactory service and have experienced difficulty in contacting the company to file complaints. Many of the clients would like to switch to Time Warner because of the poor quality of service. When the County franchise expires in five years, clients from the areas served by Falcon Cable will be attending the meeting to urge the Board of County Commissioners not to renew the franchise. Discussion was held on whether or not Time Warner could provide service to these areas. County Attorney Copley advised that each cable company installs its own cable; therefore, Time Warner could not go into an area without purchasing the cable. With the history of complaints received about the poor quality of serVlce, the County can inform Falcon Cable that if the service does not improve, the franchise will be terminated. However, the residents in this area will not have a cable service. Consensus: After further discussion, it was the consensus of the Board to direct the County Attorney to write a letter to Falcon Cable notifying the company of the Board's dissatisfaction with the quality of service being rendered to its clients, and informing Falcon Cable that it was in danger of losing its County franchise if the service did not improve. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the report and recommendations of Action Audits, Inc. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to adopt the Order approving the hourly service charge lease rate for equipment contingent upon Falcon Cable being required to substantiate the Wire Agreement Charge of $1.50. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 632 REQUEST TO REACTIVATE THE NORTH CAROLINA HOMEOWNERS ASSOCIATION AND DISCUSSION OF THE BUILDING CODE ENFORCEMENT PRACTICES IN NEW HANOVER COUNTY Mr. Dan Beck requested the Board to reactivate the North Carolina Homeowners Association (NCHOA), establish a Wilmington NCHOA Chapter, and review Building Code enforcement practices in New Hanover County. With the current records of inconsistencies and incomplete Building Code enforcement practices in North Carolina by local governments, this problem should be addressed to avoid shoddy construction practices. Emphasis was placed on the importance of homeowners being represented and the following recommendations were presented: Building Code Enforcement in New Hanover County: (a) Code enforcement in New Hanover County has not always been consistent and complete. (b) There is virtually no accountability for inspectors' work. (c) Many excuses (no remedies) for poor Code enforcement have been offered. (d) Homeowners in New Hanover County have been harmed by poor Building Code enforcement practices. Synthetic stucco is a good example of bad Building Code enforcement practices and there are no inspections on stucco replacements. Also, homeowners have experienced problems with flashing, roofing, masonry, deviations from approved plans, undetected misrepresentations on permit applications, and permits issued to "unlicensed or improperly" licensed contractors. What Can be Done by the Board of County Commissioners: (a) Be advocates for homeowners in New Hanover County: -Contact the N. C. Commissioner of Insurance about his statutory role as the Chief Building Code Enforcement Official for North Carolina. The Commissioner of Insurance should intercede with "uncooperative" insurance companies on behalf of New Hanover County homeowners. -Contact the Governor and ask him to replace the members of the Building Code Council who are not performing their statutory duties. -Contact the State Legislature and ask for low-interest and/or non-interest bearing loans for synthetic stucco homeowners. -Contact the Attorney General and let him know that current consumer protection for homeowners with problem homes is inadequate. -Instruct New Hanover County management to bring the New Hanover County Inspections Department into compliance with all N. C. State Building Code requirements and all building-related statutes within 60 days. (b) Review the Operations of the New Hanover County Inspections Department for the following items: -Adequate and competent staff. -Accountability of inspectors. -Consistent enforcement of all provisions of the Building Code and all related statutes, ordinances and regulations. Establish an internal audit of the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 633 -Inspections Department to ensure the code lS being enforced. -Quality and quantity of communications by the Inspections Department wi th homeowners and home builders. -Collection of appropriate permit fees. (c) Establish a Homeowners' Commission to hear homeowners' concerns and complaints about the inspections process in New Hanover County. (d) Implement a "Trust in Building" policy. (e) Adopt County Ordinances to address the following items: -Require all general contractors who build in New Hanover County to carry at least $5 million in "malpractice" insurance at all times. (No insurance, no permit.) -Require the annual registration of all specialty contractors not licensed by the State. -Require specialty contractors to carry a mlnlmum of $500,000 in liability coverage. -Require sponsored standing" each specialty contractor to be by a licensed general contractor in New Hanover County. formally in " good -Implement County-specific Building Code requirements and residential construction practices that exceed the State Building Code. Base local requirements on specifications and information from national trade associations and industry organizations. Consider climate in construction such as the likelihood of water intrusion on east walls during bad weather, the vulnerability of gable-end louver vents, and inadequate flashing around windows and doors. In closing, Mr. Beck urged the Board to support reactivation of the North Carolina Homeowners Association to ensure quality construction for future homeowners through proper and consistent inspections by the New Hanover County Inspections Department according to the N. C. State Building Code. This will avoid future problems, such as the synthetic stucco problem, which resulted in 3,200 homeowners spending thousands of dollars. If the Inspections Department is understaffed, the Board should hire enough inspectors to provide competent service. Commissioner Sisson complimented Mr. Beck and other interested persons for the research that was made in preparing the recommendations. He suggested scheduling a Work Session to thoroughly discuss and understand the functions of the Inspections Department in relationship to the State Building Code. vice-Chairman Mathews agreed and reported the Board as well as the Inspections Director and Staff were all concerned about improving the quality of construction in New Hanover County. He stated the Inspections Department had performed an outstanding job in enforcing the State Building Code, particularly with the amount of growth that has occurred in the past ten years; however, all parties involved would benefit from discussing building regulations with State officials to see if the State Building Code should be revised to require more stringent inspections on the local level. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to schedule a Work Session to discuss the functions of the Inspections Department and the enforcement of the State Building Code. The County Manager was requested to invite the local legislative delegation, the N. C. Commissioner of Insurance, and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 634 other State officials involved with the State Building Code to attend the Work Session. Once a convenient date is established, a date, time, and place will be announced. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone CONSIDERATION OF REQUEST FROM COOPERATIVE EXTENSION FOR EXCEPTIONS TO GRANT PROCEDURES Dr. Bruce Williams, the Director of the Cooperative Extension Service, reported the Extension Service had many opportunities to apply for small grants during the year. Most of the grants are for specialized education programs for youth, human nutrition, housing, tree planting, etc. The application period for the grants is very short, therefore, the County's grant procedures require more time than is available for the Cooperative Extension to apply for the grant. He requested the Board to allow the Cooperative Extension to submit grants not to exceed $5,000 without prior approval by the Board of County Commissioners. Deputy County Manager Atkinson advised the Board may wish to consider this exemption for all departments filing grant applications that are $5,000 or less because the Board of County Commissioners must accept and approve the final grant award. Vice-Chairman Mathews inquired as to the number of grants filed in the past year? Dr. Williams responded approximately ten since he had become Director; however, many more grant applications would be filed for educational purposes, such as training landscape contractors, certified plantsmen, composting demonstrations, and other programs. Chairman Greer referenced the language regarding the grants not requiring any "continual" financial commitment by the County and suggested changing this statement to read that grants will not require any "additional" financial commitment from the County. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to allow the Cooperative Extension to submit grants not to exceed $5,000 contingent upon no additional financial commitment by the County and final approval of the grant award by the Board of County Commissioners. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone CONSIDERATION OF BUDGET AMENDMENT #97-0051 TO BUDGET FUNDS FOR VEGETATIVE DEBRIS CLEANUP FROM HURRICANE FRAN Deputy County Manager, Atkinson, requested the Board to approve a Budget Amendment in the amount of $15,000,000 to budget funds for vegetative debris cleanup from Hurricane Fran. Chairman Greer inquired as to the amount of money paid to the contractor for debris collection? Director Church reported $1.2 million was paid for Hurricane Bertha, and the weekly payroll for D&J Enterprises, Inc. was in excess of $500,000. The County pays $90,000 weekly with the remaining amount being paid by FEMA. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 635 Chairman Greer inquired as to why the $15,000,000 Amendment was needed if the County was recelvlng a reimbursement from FEMA? Budget weekly Deputy County Manager Atkinson advised that a Budget Amendment was needed to account for the FEMA money received and expended. Chairman Greer requested Staff to notify the Board if expenditures should become too excessive so revenues and expenditures can be handled appropriately. He urged Staff to move forward as quickly as possible with obtaining FEMA reimbursement. Deputy County Manager Atkinson advised that Staff was working closely with the State, U. S. Army Corps of Engineers, and FEMA to receive reimbursement as soon as possible. The fact that FEMA money must go through the State before being forwarded to the County slows down the process. The County will experience a loss in interest earnings; however, the Finance Director has been working closely with the agencies involved to ensure that funds will be received on a timely basis. Also, FEMA will withhold 25% of funding until the audit is completed, which means the County will be responsible for that percentage for a period of time. Discussion was held about the danger of falling debris to motorists and pedestrians from uncovered truck loads. Director Church advised that D&J truckers had been warned about falling debris and informed that the driver would be held liable for any damages or tickets received from the N. C. Highway Patrol. He reminded the Board that many other trucks were in town, including trucks from the Corps of Engineers. Contact has been made with the Corps of Engineers about carrying uncovered loads of demolition debris. Hopefully, these warnings will encourage the drivers to be more careful about overloading and not properly covering debris. Director Church reported on the huge volume of debris being collected and reported that a truck load of debris was being dumped every ten seconds. He advised that approximately 40% of the debris had been collected. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to approve the following Budget Amendment to budget funds for vegetative debris cleanup from Hurricane Fran. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone #97-0051 Emergency Management/Hurricane Preparedness Debit Credit Emerqency Manaqement/Hurricane Preparedness FEMA Reimbursement $15,000,000 Contracted Services $15,000,000 BREAK Chairman Greer called a break from 7:31 P.M. until 7:45 P.M. CONSIDERATION OF ADDITIONAL FUNDING TO HIRE MANPOWER, EQUIPMENT AND SUPPLIES FOR THE MOSQUITO ABATEMENT ORGANIC DEBRIS REMOVAL PROJECT Ms. Lynda Smith, Assistant Health Director, requested the Board to approve funding in the amount of $74,570 for additional manpower, equipment, and supplies to implement the mosquito abatement organic debris removal proj ect. The purpose of the program is to eliminate standing water as a result of Hurricane NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 636 Fran in areas that have been identified as breeding sites for mosquitoes. The additional manpower will be contracted through temporary services and the vehicles will be leased through private entities. A majority of the funds will be used for salaries to hire two additional crews and lease the heavy equipment. Staff feels FEMA will reimburse the County for a portion of the funding because the mosquito problem and standing water are hurricane related. Deputy County Manager Atkinson advised that to assume FEMA would pay for the project within several months was not realistic, but the County could apply for the funding as a long-term mitigation process. The Board should decide if County funds should be committed to the project at this time with the hopes that FEMA mitigation funding will be received; or the County can apply for the grant through the long-term mitigation process to see if the project is eligible to receive FEMA funding before moving forward with the program. Chairman Greer inquired as to whether the project had gone through the Health Department Environmental Committee? Assistant Health Director Smith responded the project had not been processed through the Environmental Committee; however, the members of the Committee had been informed that the request would be presented to the Board of County Commissioners. Chairman Greer reported the Employment Security Commission had implemented a program to allocate funding to the County to hire persons displaced from their jobs as a result of Hurricane Fran. The Employment Security Commission will pay the normal fee for a period of six months under its Workers' Compensation with the Commission handling the payroll. The only item required by the County is to provide a supervisor and call in the number of weekly hours worked by that person. Chairman Greer asked Assistant County Manager, why the County was not pursuing funding through Conservation Resources Service? Dave Weaver, the Natural Assistant County Manager Weaver responded administered by the Natural Conservation Resources designed to remove storm debris to protect property. designed to handle mosquito control. the program Service was It was not Mr. Ken Sholar advised that Vector Control would be requesting the Natural Conservation Resources Service to assist with bringing in heavy equipment to clean out the outfalls, such as Smith Creek. Without frontend loaders, the outfalls and ditches cannot be cleaned to properly drain standing water. Discussion was held on how privately maintained ditches were handled. Mr. Sholar advised that a majority of the areas to be cleaned were branches and large ditches without ownership; however, if a ditch was privately owned, verbal notification was given to the largest property owner before proceeding with the work. Chairman Greer expressed concern for working on this project for the past three weeks and stated FEMA had agreed to pay for the mosquito abatement project if flooding and mosquitos had become a hazard to public health. He advised that FEMA was allowed to work on public properties but could not work on private properties without proper authorization. During the past week, FEMA decided to request the County to apply for assistance through the Natural Conservation Resources Service. After contacting the Natural Conservation Resources Service, it was found that an assessment had to be performed which will require two months. Also, he was informed the County could hire a local engineering firm to administer the project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 637 Chairman Greer informed the Board that two months was too long to wait. He advised that entry on private property had become a problem and stated as Chairman of the Board, he issued a proclamation pursuant to Chapter 6.7-23(c) of the County Code under the State of Emergency Declaration, authorizing county officials, their agents, or assignees to enter on to private property within New Hanover County for the purpose of removing drainage obstructions for a period of 180 days. After discussing the matter with the chief official in Raleigh, the County has authority to perform work on any ditch, private or public. Assistant County Manager Weaver advised that the Natural Conservation Resources Service was satisfied with the authorization provided to allow drainage work to be performed on private property. He advised that an assessment has been performed and stated the report should be approved within the next week. This will allow the County to move forward with the project; however, grant applications must be completed and filed by the County. This process will require time. Chairman Greer strongly objected to the amount of time that had already passed since the hurricane with no cleaning of ditches to relieve mosquitos and standing water. He commented on the first letter written to the Conservation Resources Service and stated the grant funds were requested at that time. Assistant County Manager Weaver responded the first letter was to place New Hanover County in a position to receive grant funding, but applications must be filed before the County can become eligible to receive funds. Chairman Greer stated he felt the County had an opportunity to deal with the drainage and mosquito problem. The federal government has agreed to pay 75% with 25% paid by the state. He recommended moving forward with the program with the utilization of the Employment Security Commission for the additional personnel. Deputy County Manager Atkinson asked Mr. Sholar if sufficient equipment was available for the additional crews that will be hired through the Employment Security Commission? Mr. Sholar advised that additional funds would be needed to purchase light chainsaws, fuel, and rent a four-wheel-drive vehicle to transport the additional workers. Chairman Greer asked why County funds should be used? He recommended hiring an engineering firm to coordinate and oversee the project so the County could proceed as quickly as possible. After being informed three weeks ago by a top FEMA official that funding would be available for the project through the Natural Conservation Resources Service, he felt the program should be started. Commissioner Caster recommended providing some funding to Mr. Sholar so the necessary equipment could be purchased or rented for the additional workers. Mr. Sholar agreed and stated due to Hurricanes Bertha and Fran, the Vector Control Section had to spend a great deal of money for the first project of the mosquito abatement program. Consequently, some funding will be needed to purchase additional equipment, such as chainsaws and axes. Chairman Greer asked why FEMA had not been requested to fund the entire project, including the additional equipment, in lieu of the County having to provide the money up front with reimbursement received at a later date? Deputy County Manager Atkinson responded that FEMA would be NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 638 requested to reimburse the County for the project. He suggested using funds from the $15,000,000 Budget Amendment to rent supplies for the additional workers hired to perform the job. Consensus: After further discussion, it was the consensus of the Board to move forward with the project and authorize Mr. Sholar to go through the Employment Security Commission to hire the manpower needed to start the mosquito/drainage project with the necessary funds being appropriated from the Health Department Budget. Assistant County Manager Weaver was requested to provide a weekly report on the project reflecting the number of persons hired, funds expended, and status of federal funding. Commissioner Caster asked who was responsible for cleaning out ditches in subdivisions throughout the County, such as in Lansdowne where the ditches run between two lots? Assistant County Manager Weaver stated property owners were responsible for maintaining private ditches; however, when subdivisions are subdivided, public drainage easements are usually dedicated with no public entity, such as the County, assuming maintenance of the ditches. Commissioner Sisson emphasized the importance of everyone recognizing that some public entity, either New Hanover County or the Corps of Engineers, would have to assume this responsibility. ADOPTION OF RESOLUTION TO AWARD BID #97-0003 TO ANSALDO VOLUND A/S TO PURCHASE GRATE PARTS FOR VOLUND BOILER AT THE WASTEC FACILITY Deputy County Manager Atkinson requested the Board to award the bid to Ansaldo Volund A/S, the only responsible bidder, in the amount of $31,396 plus freight for the purchase of grate parts for the Volund boiler at the WASTEC Facility. Funds have been budgeted during the current year, and Staff has placed a $4,000 limit on freight charges since the parts will be shipped from Denmark. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to award the bid to Ansaldo Volund A/S, the only responsible bidder, in the amount of $31,396 plus freight charges not to exceed $4,000 for the purchase of the grate parts. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone A copy of the resolution is hereby incorporated as a part of the minutes and lS contained in Exhibit Book XXIII, Page 27. PUBLIC HEARING TO CONSIDER MODIFYING THE ORIGINAL SPECIAL USE PERMIT (S-224, 8/84) TO THE LOYAL ORDER OF MOOSE LODGE #343 FOR CONSTRUCTION OF A 3,200 SQUARE FOOT ADDITION TO THE EXISTING BUILDING LOCATED AT 4610 CAROLINA BEACH ROAD ZONED R-15 RESIDENTIAL Chairman Greer announced the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn In: Dexter Hayes Victor L. Hyatt Planning Director Hayes reported the applicant was seeking to modify the existing Special Use Permit by expanding the present building to offer a greater range of family and community activities. If the Special Use Permit is approved, the addition will place the main building closer to its northern property line. The original setbacks for side and rear yards imposed under the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 639 initial Special Use Permit will not alter other conditions of the permi t. The Planning Board voted unanimously to recommend approval of the applicant's request feeling the addition would not be incompatible with surrounding land uses or create negative impacts. There was no opposition present at the Planning Board meeting. The following Staff findings were presented: General Requirement #1: The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submi t ted and approved based upon the following findings: (a) The site is currently served by community water and county sewer. The addition can be accommodated by the existing serVlces. (b) The site is located ln the Myrtle Grove Volunteer Fire Department District. (c) The site has direct access to Carolina Beach Road. General Requirement #2: The use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (a) The total site area is approximately eight (8) acres. A minimum of two acres is required. (b) Lodges and related uses are permitted by Special Use Permit ln the R-15 District. The site is zoned R-15 Residential. (c) The minimum front yard and setbacks established for the original Special Use Permit will not be altered. (d) The existing facility is already operating under a Special Use Permit pursuant to existing standards. General Requirement #3: 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) The existing facility has been in operation now for a number of years. There is no record that the facility has been detrimental to property values. General Requirement #4: 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 of New Hanover County based upon the following findings: (a) As noted the existing facility has been ln operation for a number of years. (b) The property to the north is occupied by one of the County's emergency medical/EMT service facilities. Land to the west and south is vacant. Chairman Greer asked if the petitioner would like to comment. Mr. Victor Hyatt requested the Board to grant the Special Use Permit so the Lodge could construct an addition to the existing building. Chairman Greer asked Mr. Hyatt if he agreed with the Staff findings as presented. Mr. Hyatt concurred with the findings as presented. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 640 There being no further comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to grant an addendum to Special Use Permit #224 issued in August, 1984, to the Loyal Order of Moose Lodge, #343, for an addition to the existing building 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 AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone A copy of the Addendum to Special Use Permit #224 is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 18. ACTION DEFERRED ON APPOINTMENT TO THE NEW HANOVER REGIONAL MEDICAL CENTER BOARD OF TRUSTEES Chairman Greer recommended deferring action on filling this vacancy until a decision has been reached by the Board regarding the conversion of the hospital to a non-profit corporation which would have 16 members instead of the current 17 members. Consensus: It was the consensus of the Board to defer action on the appointment until a decision has been rendered by the Board. 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: 30 P.M. until 8:51 P.M. to hold a Regular Meeting of the District Board of Commissioners of the New Hanover County Water & Sewer District. ADDITIONAL ITEMS - COUNTY MANAGER Authorization for New Hanover County to File for Federal and State Assistance Due to Hurricane Fran Deputy County Manager Atkinson reported that FEMA requires submission of the "Application for Federal Assistance" and "State- Applicant Disaster Assistance Agreement" forms to begin the reimbursement process for Hurricane Fran. He requested the Board to authorize filing of the application forms. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to apply for federal and state assistance granting authority for the County Manager to serve as the authorized representative on the "Application for Federal Assistance", and execute the "State Assistance Agreement" with authorization for Dan Summers to sign as the Emergency Management Coordinator on the State application. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 641 Adoption of Applicant's Deputy resolution Applicant's Resolution Authorizing the County Manager to Serve as Agent for Hurricane Fran County Manager Atkinson requested the Board to adopt a designating the County Manager to serve as the Agent for FEMA reimbursement for Hurricane Fran. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt a resolution designating County Manager Allen O'Neal as the Applicant's Agent for receiving reimbursement from FEMA for Hurricane Fran. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone Discussion of Letter and Resolution Seeking State Assistance for Beach Recovery Assistant County Manager, Dave Weaver, presented a letter and resolution requesting Governor Hunt to provide State assistance to the recovery of the beach communities from Hurricane Fran. Chairman Greer expressed concern for the language used ln establishing CAMA setback lines and recommended inserting a paragraph that will clearly request the State to restore the CAMA setback lines to pre-Bertha conditions for all New Hanover County beaches, including Figure Eight Island. Assistant County Manager Weaver advised that Figure Eight Island did not have a planned beach renourishment project; therefore, he felt the State would not approve the request. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to change the wording in the letter and resolution to request the State to restore the CAMA setback lines to pre-Bertha conditions for New Hanover County beaches. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Drainage Vice-Chairman Mathews commented on the numerous telephone calls from concerned citizens about drainage and asked how the County was going to address this problem? Chairman Greer advised if the mosquito abatement program had been started earlier some of the drainage problems would have been relieved. He stated drainage was an issue that would have to be addressed by the new Board. Assistant County Manager Weaver advised the Board that a consulting engineer could not be hired until FEMA funds had been received. Announcement of a Fire Commission Work Retreat Commissioner Sisson announced the Board of Fire Commissioners had scheduled a Work Retreat on October 20, 1996. He advised that he would present the recommendations from the retreat to the Commissioners on October 21, 1996. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 7, 1996 BOOK 25 PAGE 642 Discussion of Chairman construction requested the Porters Neck Satellite Fire Station Greer commented on the numerous calls received about of the Porters Neck Satellite Fire Station and County Attorney to present a status report. County Attorney Copley reported that Jim Lea, the Attorney representing the Ogden Volunteer Fire Department, had been requested to schedule a meeting with the Fire Marshal to develop standards of performance so a performance based contract could be prepared. As of this date, no meeting has been scheduled, and no County funds can be released without completion of a performance based contract. Commissioner Sisson advised the Ogden Volunteer Department had contracted with an architect to perform preliminary site design and engineering specifications on building. Fire the the Consensus: After discussion, it was the consensus of the Board to request Commissioner Sisson to discuss the performance base contract with the Ogden Volunteer Fire Department to see if a time frame could be established for starting the project. The County Attorney was requested to write a memo bringing the Board up to date on the project, including any information obtained by Commissioner Sisson during his meeting with the Ogden Volunteer Fire Department. Discussion of the Hospital Work Session held on October 2, 1996 Commissioner Caster asked the County Attorney if the recommendations discussed at the Work Session held on October 2, 1996, had been forwarded to the hospital officials? County Attorney Copley responded the information had been faxed to the hospital attorney, Dumay Gorham. Discussion of Environmental Work Session held on October 3, 1996 Commissioner Caster commented on the Environmental Work Session held on October 3, 1996, and stated this was another lssue that would have to be addressed. Commissioner Sisson agreed and enforcement of environmental ordinances, able to manage the problem. stated without better the County will never be ADJOURNMENT Chairman Greer adjourned the meeting at 9:14 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board