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