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1994-02-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 935 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 7, 1994, at 6:30 P.M. in the First Floor Assembly Room of the New Hanover County Administration Building, 320 Chestnut 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 Reverend Rudy Shepherd, Pastor of Peace Baptist Church, gave the invocation. vice-Chairman Mathews 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. Mr. Thomas Blackham, a resident of 613 Green Valley Drive, commented on the article in the newspaper relative to the deposit of radio active waste near his home and stated this is just the tip of the iceberg. During the past eight months, he has been dealing wi th this problem and has contacted the Planning Department, Engineering Department, Inspections Department, and County Manager for enforcement of the Zoning Ordinance. No action has been taken as of this date. The following concerns were presented: (1) approval for construction of a senior development in this area; and (2) concern for his recent operation for bladder cancer, which in his opinion, came from drinking contaminated water created by the radio active waste. The Commissioners were urged to check into this matter before other persons become ill. Commissioner Barone reported the Assistant County Manager has background information on this matter and, in her opinion, staff should immediately investigate this issue. It was agreed to request staff to investigate the matter. APPROVAL OF CONSENT AGENDA Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meetings of January 3, 1994, and January 18, 1994, as submitted by the Clerk to the Board. Adoption of Resolution Requesting the Addition of Harley Road to the State Highway System The Commissioners adopted a resolution requesting the addition of Harley Road to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 936 Renewal of Contract #94-0226 with Attorney Louis K. Newton for Tax Collections and Foreclosures The Commissioners renewed the contract with Attorney Louis K. Newton for tax collections and foreclosures. Mr. Newton's legal fees are charged to the delinquent taxpayer; therefore, New Hanover County incurs no collection expenses. A copy of the contract is on file ln the Legal Department. Report of Disposals of Personal Property - Finance Department The Commissioners approved the disposals of personal property in accordance with G.S. 160A-266(c) for the period of July 1, 1993 through December 31, 1993 as submitted by the Finance Director. A copy of the report is hereby incorporated as a part of the minutes and lS contained in Exhibit Book XXII, Page 2. Authorization to Budget Appropriate Amount in 1994-95 Budget for Cost Sharing of Unified Planning Work Program The Commissioners approved a funding participation of 49% as New Hanover County's share of funding for the Unified Planning Work Program. Staff was authorized to budget the appropriate amount of funds in the 1994-95 Budget. Traditionally, the City of Wilmington has paid the full cost; however, the Transportation Advisory Committee has recommended that Brunswick and New Hanover Counties participate in the percentage of funding. The funding percentages recommended were Brunswick County 10%; New Hanover County 49%; and the City of Wilmington 41%. The cost to the County should be approximately $9,000. Reclassification of Administrative Assistant I to Administrative Assistant II and Salary Upgrade for Paralegal position - Legal Department The Commissioners approved a reclassification of the Administrative Assistant I position ln the County Attorney's office to Administrative Assistant II due to assuming the administration of the Cable Ordinance. The Commissioners, also, approved a salary upgrade for the Paralegal for additional supervisory responsibilities of the incumbent in the position. The changes have been reviewed and recommended by the Human Resources Department. Transfer of One Budgeted Part-time Floating Clerical position to a Full-Time Status The Commissioners approved one budgeted part-time floating Clerical position to a full time status. This position is to be split between the Finance Department and Budget Department. Resolution Authorizing Access to Safe Deposit Boxes for the Cape Fear Museum The Commissioners adopted a resolution authorizing access to the safe deposit boxes for the Cape Fear Museum to the following employees: Janet K. Seapker, Director Barbara L. Rowe, Curator Timothy S. Bottoms, Registrar The change was necessary due to hiring a new registrar. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 2. Approval of Budget Amendment #94-0127 Human Services Transportation The Commissioners approved the following Budget Amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 937 94-0127 Human Services Transportation Debit Credit Human Services Transportation Elderly/Disabled TAP Funds $6,701 Human Services Transportation Elderly Disabled $5,026 $1,675 Purpose: To budget additional EDTAP Funds received in FY 1993-94. Approval of Budget Amendment #94-0134 Department of Social Services/Child Day Care The Commissioners approved the following Budget Amendment: 94-0134 Department of Social Services/Child Day Care Debit Credit Dept. of Social Services/Child Day Care Office of Day Care $78,154 Day Care Services $78,154 Purpose: To budget additional State revenues for Child Day Care funds. No additional County funds are required. Approval of Budget Amendment #94-0135 - Water & Sewer District The Commissioners approved the following Budget Amendment: 94-0135 Water & Sewer District/Sewer Operating Fund/Water & Sewer Finance Debit Credit Sewer Operatinq Fund Appropriated Fund Balance $25,000 Water & Sewer Finance Revolving Loans $25,000 Purpose: To appropriate Water & Sewer District fund balance in the amount of $25,000 to budget the expenses related to the Sewer Connection and Plumbing Assistance Program approved by the Board of County Commissioners on January 3, 1994. The $25,000 will cover expenses for a one-year period to connect 30-35 residences to the County's sewer system. Adoption of Resolution for a Joint City and County Policy for Transferring Vacant Land for Housing The Commissioners adopted a resolution approving a joint City and County policy for transferring vacant tracts of land in the City to the Wilmington Housing Finance and Development, Inc., to be used for housing. The City Purchasing Agent and City Attorney will coordinate transfers after securing approval of each conveyance by the Board of County Commissioners. The City will bear the costs of title work and closing. A copy of the resolution is hereby incorporated as a part of the minutes and lS contained in Exhibit Book XXII, Page 2. PRESENTATION OF PLAQUE TO ETHAN CULBRETH FOR BEING SELECTED THE WINNER OF THE THEME FOR HUMAN RELATIONS MONTH Chairman Greer, on behalf of the Board, congratulated Mr. Ethan Culbreth and presented a plaque in recognition of his theme being selected for this year's celebration of Human Relations in New Hanover County. The theme, "Putting the World Together Peace by Peace" will be used throughout the Human Relations Month. ADOPTION OF PROCLAMATION DECLARING THE MONTH OF FEBRUARY 1994 AS "HUMAN RELATIONS MONTH" IN NEW HANOVER COUNTY Chairman Greer read a proclamation declaring the month of February 1994 as "Human Relations Month" in New Hanover County and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 938 encouraged the citizens of the County to join in the many events scheduled throughout the month of February. Emphasis was placed on the need to practice the principles of human relations throughout the year on a daily basis to preserve and protect the rights of each person's freedom. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the proclamation declaring the month of February 1994 as "HUMAN RELATIONS MONTH" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 2. Ms. Bessie Funderburg commented on the theme and invited the Commissioners to attend the Human Relations Banquet to be held on February 26, 1994, in the UNC-W Ballroom at 7:00 P.M. ACCEPTANCE OF HUMAN RELATIONS 1992-93 ANNUAL REPORT Motion: After discussion of the goals accomplished and efforts glven by the members of the Human Relations Commission, Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to accept the report. Upon vote, the MOTION CARRIED UNANIMOUSLY. Reverend Windley invited the Commissioners to attend the Human Relations Banquet at the First Baptist Church on February 18, 1994, at 7:30 P.M. PUBLIC HEARING FOR PRESENTATION OF DEVELOPMENTAL DISABILITIES LONG RANGE PLAN - SOUTHEASTERN MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES Chairman Greer reported a Public Hearing has been scheduled for an informational presentation on the Southeastern Center's Developmental Disabilities Long Range Plan. He requested a motion to open the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to open the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Ms. Sandee Resnick, Developmental Disabilities Director for the Southeastern Center, presented the Developmental Disabilities, Long Range Plan. The focus of Developmental Services in the next 10 years will change and move from a system of services driven by the existing programs to a system of supports that will be driven by an individual or family's needs. Natural supports will be used as much as possible before specialized services are sought. Choice and participation in the process by each individual and family will be an integral part in planning and implementing goals. Service providers will be guided by principles that begin with listening, finding a way to say "yes" and remembering that while it may be our job, it is someone else's life. Chairman Greer inquired as to whether anyone from the general public would like to comment on the Long Range Plan. The following remarks were received. Ms. Lisa Poteat, Director of the ARC Employment and Training Program, stressed the importance of change for persons with developmental disabilities and urged the Commissioners to support the plan and meet some of the people whose lives will be changed by this Long Range Plan. Ms. Laura Miller, the mother of a 21 year old Down's Syndrome son, reported her son has held a job at Wilson's Supermarket for the past three years. Due to the job training received from Ms. Lisa Poteat, he is working, receives a pay check, and is currently NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 939 enrolled in a school to learn independent living skills. It is felt this child will soon be completely independent. The Commissioners were urged to support the plan and make a difference in the lives of persons with developmental disabilities. Motion: MOVED, Hearing. There being no further comments, Commissioner SECONDED by Vice-Chairman Mathews to close the Upon vote, the MOTION CARRIED UNANIMOUSLY. Sisson Public Chairman Greer closed the Public Hearing and stated no action is required, but he would like to express appreciation for a most informative report. PUBLIC HEARING FOR CABLE TELEVISION BENCHMARK RATES DETERMINATION POSTPONED County Attorney Copley reported Vision Cable has requested postponement of this item until March 14, 1994. ADOPTION SAFETY AWARENESS PROGRAM Mr. Dan Galusha, a member of the New Hanover County Safety Committee, reported the Safety Committee was formed in March 1989 to create an awareness of safety among County employees; develop policies and procedures for a Safety Employee Handbook; identify unsafe work practices with recommendations for appropriate remedies; and develop an effective safety program encouraging feed back from employees. The following information was presented on the Safety Program: Ob-iective: To eliminate or significantly reduce the risk of accidents and injuries to the general public and employees of New Hanover County. To develop an employee "SAFETY AWARENESS PROGRAM". To provide employee safety education as a priority of New Hanover County. Policy: The County shall provide to employees the necessary training and information by means of a "SAFETY AWARENESS PROGRAM" . County employees will comply with safety regulations pertaining to their job descriptions. Failure to adhere to adopted New Hanover County Safety policies may result in disciplinary action or termination. Proqram Evaluation: The New Hanover County Employee Safety Committee will annually evaluate the "SAFETY AWARENESS PROGRAM" for its effectiveness and make changes as recommended. Motion: After discussion, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the Mission Statement and support the development of the Safety Awareness Program. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, expressed appreciation to the Safety Committee for the time and effort given to develop the program. DISCUSSION OF PROBLEMS INCURRED BY MR. AND MRS. FRED SULLIVAN WHEN CONSTRUCTING TWO HOUSES IN NEW HANOVER COUNTY Ms. Pamela Sullivan introduced Mr. Fred Sullivan, her husband, and mother-in-law, Mrs. Bessie Sullivan. The following report was presented: In 1990, Fred, Pamela and Bessie Sullivan contracted to build two houses with L. W. Nicolaysen, a General Contractor. The problems incurred stemmed from selecting an incompetent builder and a County Inspections Department who failed to enforce the Building Code. The contractor led the family to believe that both houses had passed inspection and had received a Certificate of Compliance. After living in the home constructed for Fred and Pamela Sullivan for six months, it was found that a Certificate of Compliance was NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 940 never issued because of two outstanding code violations that were not corrected by L. W. Nicolaysen. The questions to be answered are why did the County Inspections Department allow the electricity to be turned on without a Certificate of Compliance, and why did the Inspections Department fail to follow up on the code violations? The violations were corrected by Fred and Pamela Sullivan in order to obtain the Certificate of Compliance. After Bessie Sullivan lived in her home for seven months, it was discovered that the brick chimney was falling away from the house. At this time, it was decided to hire a private inspector to examine both houses to be sure there were no other problems. The private inspector discovered many structural defects in both houses. The defects were code violations that had been ignored by the New Hanover Inspections Department. The report prepared by the private inspector was presented to the Inspections Director, Sky Conklin. Mr. Wayne Williams, the Chief Inspector for the County, re- inspected both houses and agreed with the code violations that were detected by the private inspector. After trying to find out why the code violations were not properly handled and both houses were granted the Certificate of Compliance, the only answer received was that the Inspections Department is understaffed and overworked. Mr. Conklin finally visited the houses three years after being informed of the code violations. Later a letter was received from the Inspections Department informing the family that the code defects must be corrected before the houses could be sold. Yet, Mr. L. W. Nicolaysen was able to transfer title of the houses with the same code violations without receiving a Certificate of Compliance. The following charges were presented against Mr. Sky Conklin and the Inspections Department: 1. Allowing the electricity to be turned on without a Certificate of Compliance. 2. Gross negligence and incompetency for failing to enforce the minimum code requirements. 3. Issuing building permits to a builder who has existing outstanding code violations pending on other houses. 4. Mr. Conklin made a false statement several months ago relative to the inspection procedure for inspecting foundation plers. Ms. Sullivan reported documentation has been provided to the County Commissioners to substantiate the charges. After three years of stress and financial burden due to the failure of the New Hanover County Inspections Department to properly perform their job, the Sullivans are asking for a solution to the grave injustice caused by the gross negligence of the County Inspections Department. This solution can be compensation for the costs to repair the damages to the homes, or Mr. Conklin and his inspectors can make the repairs themselves. Also, the Sullivans are asking that an investigation be made into Mr. Conklin's Inspections Department resulting in major changes in the department and/or personnel. Mr. Conklin and his Inspectors should be made accountable for their mistakes. Mr. Fred Sullivan showed slides and explained the many defects found in both houses. Mr. Glenn Davis, a registered engineer in Wilmington for over 18 years, reported he was invited to attend this meeting, but he is not being compensated for his appearance. The purpose for attending the meeting is for the benefit of the public to provide a third party review of the situation that has occurred to the Sullivans and other persons constructing homes in New Hanover County. Most home buyers believe that if a house has been inspected by the County Inspections Department that this structure NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 941 is in compliance with the N. C. Building Code. Most people believe the Building Inspectors are strict, even to the point of causing the contractor a great deal of unnecessary problems. This, also, is not true. I appreciate Mr. Conklin's candor as quoted in the recent newspaper article and some improvements have been made in the Inspections Department, but too many items are slipping through the cracks. The problem is not the quality of building inspectors but a problem of policy and procedure. While inspecting houses throughout the County, numerous code violations have been found in affordable housing as well as in homes constructed in Landfall. The most common oversights are as follows: (1) Too few nails or shingles. (2) Insufficient or proper nailing of the structure. (3) Improper flashing or none at all. (4) Improper foundation. (5) Improper deck construction. (6) Bath fans not venting to the outside. (7) Improper step dimensions. (8) Improperly installed ceramic tile. (9) Siding too close to the ground. Mr. Davis commented on the many qualified Building Inspectors who work to ensure these types of oversight do not occur and he made the following recommendations: (1) Enforce the Building Code consistently by all Inspectors. When each inspector has a different requirement the creditability of the requirement is compromised in the eyes of the builder. (2) Hold Workshops with the builders on a monthly basis to go over the most frequently found problems and acceptable solutions. (3) Take proactive steps to present a true picture to the public of the responsibilities of the Inspections Department. Use the media to thoroughly explain what the County can and cannot do. (4) Add unscheduled inspections to the routine to catch defects which seem to slip through the cracks. (5) Conduct a manpower survey to determine whether or not the Inspections Department has enough personnel to properly inspect the building of homes. In summary, Mr. Davis requested the Commissioners to thoroughly review the Inspections Department, particularly with being understaffed, and move forward with being a leader in quality construction which will benefit the citizens and all parties involved. He volunteered to participate in any constructive effort to be taken by the County to effect change and better serve the citizens of the County. Ms. Rebecca Davis, 1418 Dock Street, reported on problems being experience with HUD and the poor manner in which her house was repaired. She inquired as to whom she should contact to correct the problem. Ms. Hattie Phillips, 1214 Dock Street, expressed concern for the number of persons being ripped off on home improvements by contractors working through the City's Neighborhood Housing Program in conjunction with HUD. She contacted Mr. Scott Redinger with the City of Wilmington for repairs to her Uncle's home but has not been successful. She inquired as to whom she should contact to correct the problem. Chairman Greer recorded the telephone numbers of Ms. (763-0896) and Ms. Phillips (763-2826) and stated staff provide the names of persons that should be contacted. Davis will NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 942 Mr. Buck O'Shields, a licensed residential contractor in New Hanover County, reported on the structural problems presented by the Sullivans and offered the following comments: (1) The County should not consider compensating the Sullivans for the structural defects. This should be settled between the builder and the person(s) building the home. (2) New Hanover County Department in the State building inspectors is frequently. has one of the most stringent Inspections of North Carolina. The training given to constant and the building code changes (3) In order to build a house in New Hanover County numerous permits must be obtained before construction can begin. There is a 438 page book of regulations that must be followed in order to receive the necessary permits to build a house in New Hanover County. (4) As a contractor, this 438 page book is used to see if a violation has occurred with subcontractors and, if so, a stop order is placed on the building process by the contractor. (5) All Building Inspectors should use the same interpretation relative to the building code. (6) Use the money generated from building permits and fees to hire the necessary personnel to carry out inspections in a timely manner. It appears these funds have been used to fund positions and programs that are not directly related to construction. In summary, 97% of the laws in the County and State are enacted to protect the citizens from the 3% who do not follow the rules. As elected officials, your responsibility to the home buyers and builders in New Hanover County is to provide a sufficient number of trained inspectors to perform inspections ln a timely manner to avoid delays to the builder and buyer. David Hartsell, 2711 Wrightsville Avenue, reported in many instances contractors with judgement liens filed against them return to town under another name and are hired as a subcontractor by a reputable construction company. When replacing his roof, he contacted a reputable company who subcontracted with another contractor to perform the work. Due to the poor quality of work and damage experienced from a leaking roof, it was found that the subcontractor did have judgements filed, and in his opinion, the original contractor was aware of this fact. Concern was expressed for persons moving into the County and having no way to know if a contractor is reputable. Mr. Bert Exum, President of Landmark Homes, strongly objected to the idea of using taxpayers money to fix an individual's home. This type of precedent would eliminate the responsibility of contractors and place an unfair financial burden on the taxpayers. In the case of the Sullivans, the builder should be responsible, not the taxpayers. If necessary, the matter should be resolved through the Judicial System. In his opinion, there is no way that Building Inspectors can have a constant presence on each job site. There must be good intent on the builder's part to construct a good home within the code standards and if the home buyer is not satisfied, the builder should be held responsible. Mr. Sullivan inquired as to why the County has an Inspections Department if builder is responsible for compliance to the building code? The Inspections Department is the agency responsible for seeing that homes are constructed according to the building code which provides protection for buyer. Commissioner Sisson commented on many problems that have been experienced by persons building homes in New Hanover County and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 943 recommended a review of the Inspections Department for efficiency. This type of study will benefit the Inspections Department, the builders, and home buyers. Consensus: After discussion, it was the consensus of the Board for the County Manager to undertake a review of the Inspections Department and report back to the Board. BREAK Chairman Greer called a break from 8:10 P.M. until 8:25 P.M. APPROVAL OF CONTRACT #94-0231 WITH WESTINGHOUSE LANDMARK GIS, INC. FOR THE PRODUCTION OF A DIGITAL ORTHOPHOTO BASE AND OTHER DIGITIZATION WORK IN SUPPORT OF THE PROPOSED 911 COMPUTER AIDED DISPATCH SYSTEM AND MAPS Assistant County Manager, Dave Weaver, reported the Sheriff with the assistance of the County staff has actively pursued the development and acquisition of a Computer Aided Dispatch System (CAD) to replace the existing 911 address system. The most important component for the CAD System is the provision of a computerized up-to-date and accurate data base that can be easily maintained. One way to develop the data base is through the use of aerial photography. In addition, the County has a computerized geographic information system called MAPS that has been in the process of being implemented for several years. One of the major obstacles in moving forward with this program is a lack of data base consisting of relatively accurate digitized tax parcel boundaries. Development of the digital orthophotos for the 911 CAD System is an excellent opportunity for the County to correct these deficiencies and allow the County to move ahead with both the 911 CAD System and the MAPS program. The Commissioners were requested to award a contract to Westinghouse Landmark GIS, Inc. in the amount of $ 619,056 for orthophoto services. Funding for the project will be a combination of the 911 Surcharge Fund and General Fund Revenues. Chairman Greer inquired as to whether additional personnel will be needed to feed the data into the system? Assistant County Manager Weaver stated no additional staff will be needed. Mr. Billy Oakes, the Land Records Supervisor, reported on the amount of overtime necessary to keep up with daily transactions when operating a duplicate system. Every document that passes through the Register of Deeds must be processed in the Land Records Section. He emphasized the importance of having a reliable and accurate data base for taxing purposes and stated the expansion of MAPS will greatly enhance this process. Chairman Greer inquired as to the compatibility of the MAPS system to the 911 CAD system? Sheriff McQueen reported this system will allow rerouting of all emergency personnel which will greatly enhance the response time. Also, it is hoped the City will join the 911 System so the entire County will have a centralized dispatch system. Mr. Eugene Merritt, Jr., a resident of 123 Colonial Drive and commercial real estate developer, commented on the private sector's need for land records and urged the Commissioners to implement this computerized system. Commissioner Caster inquired as to the actual revenue received from the 911 surcharge? Assistant County Manager Weaver reported the County recelves approximately $36,000 to $38,000 monthly. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 944 Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the contract with Westinghouse Landmark GIS, Inc. in the amount of $619,056 for orthophoto services and approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #94-0136 - Emergency Telephone System Fund/Tax Department Debit Credit Emerqency Telephone System Fund 911 Surcharge $228,789 Contracted Services $228,789 Tax Department Ad Valorem - Current $390,267 Contracted Services $390,267 A copy of the contract lS on file in the Legal Department. AWARD OF BID #94-0207 (CONTRACT #94-0207) TO LAW ENGINEERING OF WILMINGTON FOR SURVEY AND HYDROLOGY WORK AT THE NEW HANOVER COUNTY LANDFILL AND AWARD OF CONTRACT #94-0245 TO POST, BUCKLEY, SCHUH & JERNIGAN, INC. FOR PREPARATION OF TRANSITION PLAN FOR THE NEW HANOVER COUNTY LANDFILL Director of Environmental Management, Ray Church, reported under newly enacted Subtitle D regulations a transition plan must be developed and approved by the State prior to April 9, 1994. The plan must include a formalized operation plan, closure and post- closure plan, water quality monitoring plan, and a report addressing the County's plans for operation of the New Hanover County Landfill. In order to survey and perform the hydrology work on fifteen ground water monitoring wells at the County Landfill, bid proposals were prepared and the following bids were received. After a review of the bids, staff recommends award of the contract to Law Engineering of Wilmington, the low bidder. Law Engineering Environmental Investigations National Environmental Tech. Richard Catlin & Associates $4,300 $7,860 $8,600 $9,018 Staff has negotiated a scope of services for the development of a transition plan to meet the state and federal requirements with the engineering firm of Post, Buckley, Schuh & Jernigan, Inc. in the amount of $39,036. This firm was chosen for negotiation due to their knowledge of the Landfill as the design engineer for all landfill cells to date. After contacting several other communities for cost estimates to develop the plan, prices ranged from $25,000 to $100,000 contingent upon the amount of work to be done and the type of facility. Staff feels the price negotiated is appropriate for the scope of work to be performed and recommends award of the contract to Post, Buckley, Schuh & Jernigan, Inc. Funds were budgeted in the current year in the amount of $70,000. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to award the low bid to Law Engineering of Wilmington in the amount of $4,300 for the performance of survey and hydrology work and to approve the contract with Post, Buckley, Schuh & Jernigan, Inc. for preparation of the transition plan. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer stated, for the record, this is another mandate by the federal government to the state with the County taxpayers paying the bill. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 945 Copies of the contracts are on file ln the Legal Department. CONSIDERATION OF RESOLUTION APPROVING THE GREATER WILMINGTON URBAN AREA TRANSPORTATION PLAN Planning Director, Dexter Hayes, reported after several years of study, analysis, and evaluation of transportation alternatives, as well as numerous public hearings and neighborhood meetings, the Transportation Advisory Committee (TAC) has adopted a newly revised Greater Wilmington Urban Area Transportation Plan. The Wilmington City Council approved the Transportation Plan with omission of the Randall Parkway Extension from College Road to Hooker Road. Chairman Greer inquired as to why the plan was allowed to progress to this point when the City of Wilmington was not pleased with the Randall Parkway Extension? Director Hayes reported the Randall Parkway Extension has been debated and moved two times since 1972. Only the members of the City Council can explain their reasons for concern. However, the UNC-W Board of Trustees has expressed opposition about the location of the loop which was moved further north and is now part of the alignment of Randall Parkway. This is a vi tal link in the east/west transportation corridor. If a portion of the plan is moved, this will create a gap in the system and that traffic will move elsewhere. The Metropolitan Planning Organization, N. C. Department of Transportation, and local Planning Staff feel the Randall Parkway Extension is the best plan. Mr. Tom Newman, an engineer with the N. C. Department of Transportation, reported the plan must be approved in accordance with federal and state laws. The Transportation Advisory Committee, representing the Metropolitan Planning Organization who is the adopting agency for the federal law, has approved the plan; hence, the plan has been approved on the federal level. The State law requires that each individual governing body must adopt the plan. The Town of Navassa has already approved the plan. If the Wrightsville Beach Board of Aldermen and New Hanover County Board of Commissioners approve the same resolution as adopted by the City, the Randall Parkway Extension could be removed from the plan. A lengthy discussion was held on the Southern Loop as proposed in the 1985 Plan and the current alternative being considered. Mr. Newman pointed out the various routes on the map. Commissioner Sisson emphasized the importance of coordinating transportation and land use planning in order to avoid potential conflicts and recommended bringing these efforts together when updating these plans in the future. Planning Director Hayes reported the traffic zones created to develop a Thoroughfare Plan reflected the density proposed land uses. If the planning policy guidelines that control density along these areas are not followed, the facilities proposed in the transportation plan will not be adequate. A lengthy discussion was held on the proposed plan and the number of public hearings held on the plan. Chairman Greer expressed concern for approvlng this item without thoroughly understanding the plan. Commissioner Sisson agreed and recommended scheduling a Work Session to thoroughly review the plan. Consensus: It was the consensus of the Board to schedule a Work Session on March 10, 1994, at 10:00 A.M. in Room 501 of the New Hanover County Administration Building to review and discuss the Greater Wilmington Urban Area Transportation Plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 946 REQUEST FOR RELEASE OF FUNDS TO OGDEN VOLUNTEER FIRE DEPARTMENT FOR THE FIRST PHASE OF THE PORTERS NECK FIRE SUB-STATION County Attorney Copley reported the Commissioners decided not to release funds for the first phase of the Porters Neck Fire Sub- station until a decision had been rendered in Superior Court. The court has ruled in favor of the County; however, this ruling is on appeal to the N. C. Court of Appeals. It is the feeling of the Legal Department that no evidence will be presented to reverse the decision rendered by the Superior Court. Attorney George Rountree is present and would like to comment. Attorney Rountree, representing the property owners of Figure Eight Island, commented on the funding request of $60,000 being paid from taxes collected in the Fire District and urged the Commissioners to release the funds to begin construction of the sub-station in order to improve fire protection for this area. The current fire rating of 10 is the lowest rating on the scale, and the citizens living in Porters Neck and Figure Eight Island deserve to receive a better quality of fire protection. Since delay of funding because of the court proceedings, two fires have occurred and two deaths have almost occurred due to a poor response time. He urged the Commissioners to release the funds requested. Motion: After a lengthy discussion on ownership, Commissioner Barone MOVED, SECONDED by Commissioner Caster to release the $60,000 for Phase I of the Porters Neck Sub-station contingent upon the title be jointly held by New Hanover County and the Ogden Volunteer Fire Department. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Chairman Greer Voting Nay: Vice-Chairman Mathews Vice-Chairman Mathews stated, for the record, because this item had previously been approved stipulated joint ownership provision. he voted no without the PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE 1.2 ACRES AT 5311 CASTLE HAYNE ROAD FROM RA RURAL AGRICULTURE TO O-I OFFICE AND INSTITUTION (Z-488) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board unanimously approved the applicant's request with no opposition from the public. The site is located on the west side of Castle Hayne Road approximately 125 feet south of Prince George Avenue. Property to the north is zoned B-2 Business and is occupied by a small take-out restaurant. Property to the south is zoned 0-1 Office and Institution and is vacant. A portion of that land is also owned by the Castle Hayne Volunteer Fire Department. Based on surrounding zoning and existing use of the property, the Planning Board and staff recommend approval of the rezoning request. Staff Planner, Pete Avery, presented slides of the site. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed rezonlng. The following remarks were received: Mr. Nick Bianco commented on attending the meeting of the Planning Board and reported the Castle Hayne Volunteer Fire Department is in favor of the 0-1 Zoning which is more appropriate with the surrounding properties. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 947 Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to approve rezoning of 1.2 acres located at 5311 Castle Hayne Road from RA Rural Agriculture to 0-1 Office and Institution as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA CASTLE HAYNE 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 II, under the Castle Hayne Section, Page 19. CONSIDERATION OF A REQUEST TO REZONE 5.2 ACRES ON THE NORTH SIDE OF WRIGHTSVILLE AVENUE WEST OF NEW ORLEANS PLACE FROM R-15 RESIDENTIAL TO CONDITIONAL USE R-10 RESIDENTIAL FOR 17 DWELLING UNITS (Z-489) Chairman Greer opened the Public Hearing and reported this is a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn In: Scott P. Hedrick Sydney Musick Bob Wessell Nick Garrett Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the applicant's request as submitted. No additional conditions were placed on the project. Two nearby property owners expressed concern to the Planning Board about existing traffic congestion along Wrightsville Avenue feeling the traffic would be exacerbated by the increase in density. The following Staff findings were presented: (1) The site is classified Urban Transition. R-10 zonlng lS permitted in this land classification. (2) The site has 5.2 acres and is currently occupied by an existing dwelling unit. (3) A site plan meeting the requirements of Section 59.7-3 (2) has been submitted. (4) The proposed density and unit orientation is permitted by right in the R-10 District. (Note: The Technical Review Committee of the County Planning Board must also review the proposed development for compliance with subdivision design standards. ) (5) Water and sewer serVlces are available. (6) Similar densities are located nearby. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received. Mr. Scott Hedrick, a partner of CGH Investments, presented a map of the location and reported the addition of the four units will enable the company to construct an upscale project for the neighborhood. The units will be compatible to the area and will not injure surrounding properties. The Commissioners were requested to approve the rezoning request. Mr. Nick Garrett, the builder, reported ln order to provide NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 948 privacy a seven foot high fence will be placed on the eastern side of the property. Trees will be left for buffering and a Georgian style exterior will be used. It is felt this will be a very upscale project. Ms. Sydney Musick, a resident across the street, commented on the number of accidents that occur on the Wrightsville Avenue curve and stated with no left turn lane she is concerned for public safety. Mr. Garrett reported the entrance is the furthest point and the project is in compliance with DOT standards, which required widening of the front entrance. Also, if this property had been developed a few years ago, 50 units could have been constructed on this property. Mr. Bob Wessell, a property owner across from the site, commented on the current traffic problems and expressed concern for another development being located on this curve, which, in his opinion, is not in the general interest of the neighborhood. Commissioner Sisson expressed concern for the amount of traffic that will be generated by the additional units and recommended requesting the Sheriff to place a radar unit in this area to better control the speed limit. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve rezoning the 5.2 acres of property on the north side of Wrightsville Avenue adjacent to Wrightsville Place Townhomes from R-15 to CD(R-10) for the placement of 17 dwelling units. 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. 9B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972" is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9-B, Page 73-A. Chairman Greer reported since the rezoning has been approved the Board must consider granting a Special Use Permit. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to grant the Special Use Permit based upon the evidence and arguments presented establishing the following findings of fact and drawing the following conclusions: 1. The County Commissioners find as a fact that all of the specific requirements set forth in Section 72 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' conclusion that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed based upon the following findings of fact: (a) Adequate water and sewer is available to serve the site. (b) The site is located within the Seagate Volunteer Fire Department District. (c) The site's entrance is located so that adequate site distance is provided for ingress and egress. 3. It is the County Commissioners' conclusion that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications based upon the following findings of fact: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 949 (a) The site received preliminary approval from the Technical Review Committee. (b) The number of units proposed meets the density allowance of the R-10 Zoning District. 4. It is the County Commissioners' conclusion that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: (a) Most of the site's existing vegetation will be retained. (b) A seven foot high solid privacy fence will be installed along part of the site's eastern property line. (c) Properties of similar densities are located nearby. The Chairman was authorized to request the Sheriff to place a radar patrol in this area. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 6. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR AN IN- HOME CHILD DAY CARE FACILITY Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, anyone wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn In: Carrie Muse Russell Sobers Rachel Lord Jonathan Barfield, Sr. Robert Lord Bernadette Allen Mary Guerassio Helen Nash Valerie Murphy Dave Kimble Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend denial of the applicant's request. Numerous concerned residents appeared before the Planning Board to express displeasure with the expanded day care facility because of additional noise and traffic. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received. Ms. Carrie Muse, a New Hanover County Day Care Provider with an existing home registered to care for eight children, requested the Commissioners to approve a Special Use Permit to expand her facili ty to care for 12 children. The Department of Social Services has indicated a special need for child day care in residential areas. Locating a small day care facility in the community near the homes of children is better for the parents and children. As to traffic, accommodations have been made for parents to pick up and deliver children on a schedule that will allow only two or three vehicles to enter or leave the facility at the same time. Four parking spaces will be provided to avoid any cars from backing into the street. As to noise, the children kept are NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 950 infants, pre-school, and after school children. The children are never on the playground at one time. The after school children participate in a program three hours a day with only 15 minutes on the playground. After discussion with Mr. Adley Bass, a County Tax Appraiser, she was informed that he has no knowledge of a day care facility devaluing adjacent properties. Ms. Muse presented the following data: (1) documentation on compliance to State requirements; (2) a letter from a Day Care Supervisor at the Department of Social Services on the need for residential day care centers; (3) letters of personal reference; (4) letters of reference from parents kept in the home; and (5) educational background. Mr. Muse stressed the importance of providing quality day care with a strong educational curriculum and requested the Commissioners to grant the Special Use Permit for expansion of the day care facility. Mr. Jonathan Barfield, Sr., a local contractor, presented pictures of the proposed addition to the existing day care facility and stated this addition will enhance the surrounding properties. Under State standards, Ms. Muse has enough space to keep 16 children; however, she desires to provide a facility with ample space and restroom facilities. As to complaints about devaluation of surrounding properties, pictures were presented of adj acent properties who have junk cars, lawn mowers, boats, trailers, and neglected sheds in their yards. After touring the present facility with a County Building Inspector and Fire Inspector, they reported this day care center is one of the best operated centers in the County. He requested the Commissioners to grant the Special Use Permit. Mr. Russell Sobers reported his youngest child attends the day care center and receives an excellent educational program with a special form of loving care. He urged the Commissioners to grant the Special Use Permit. Ms. Bernadette Allen, a registered nurse and parent, urged the Commissioners to consider the quality of care needed for our children, who are the future, and stated Ms. Muse provides an exceptional education program with loving care. Ms. Rachel Lloyd, a parent of three children kept by Ms. Muse, reported the Muse Day Care Center provides a quality day care service that is available 24-hours a day. She is an excellent day care provider and is shocked to hear the complaints from the neighbors. She lives in the neighborhood and does not feel her property will be devalued by the expanded facility. Mr. Robert Lloyd, the owner of property directly behind the day care center, commented on the small lots and houses with small backyards and stated he cannot see how 12 children can be kept in one of these houses. He expressed concern for noise and the problems experienced with septic tanks in this area which will increase with the proposed expansion. Because of the noise, he is not able to keep his house rented. In his opinion, the majority of neighbors are opposed to the expanded day care facility. Ms. Helen Nash, the next door neighbor, reported on purchasing her home in 1972 for retirement in a quiet neighborhood. Concern was expressed for living next door to a business and she requested the Commissioners to deny the request because of additional noise and traffic that will be generated by the expanded facility. Ms. Valerie Murphy, an adjacent property owner, commented on the picture presented by Mr. Barfield which showed her shed as a shack. She and her husband purchased the house three years ago and have made costly repairs on the interior of the home. The shed is scheduled for repair this year. In her opinion, day care centers NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 951 are badly needed; however, the proposed expansion will increase the noise and traffic, which is of concern since her husband works at night and sleeps during the day. Ms. Mary Guerassio, a property owner across the street, complimented the family for making a living by providing day care, but expressed concern for another business locating in the neighborhood. Mr. Dave Kimble, a resident of 4618 Norwich Road, commented on traffic, noise, and the current problems experienced with septic tanks and stated the expanded facility will increase these problems. Also, from observing her son who uses the street as a bathroom and young ladies around the house, he would not let his child be kept in this day care center. Chairman Greer closed the Public Hearing. Chairman Greer inquired as to why the Planning Board denied the request? Planning Director Hayes reported the Planning Board denied the request based upon additional traffic generated, noise, and displeasure with expansion of the operation within the neighborhood. Discussion was held on the number of children kept in the facility under State standards. Director Hayes reported Ms. Muse is registered by the State to keep 8 children. This is in conflict with the County's Ordinance. The State has two ways to control day care through a registered facility or licensed facility which is evaluated according to square footage, safety, and inspections. The County's ordinance clearly states that any facility keeping over 5 children must have a Special Use Permit. Commissioner Sisson commented on one group saying this is a well maintained facility with neighbors who feel too much noise is created. He recommended placing the following conditions on the Special Use Permit to control the noise and provide more privacy: (1) installation of a wood privacy fence along the side and back of the property; (2) limit the number of children being kept to 12; and (3) establish a limit for the number of children that can play in the yard at one. Motion: After further discussion, Vice-Chairman Mathews MOVED, SECONDED by Commission Sisson to grant the Special Use Permit based upon the evidence and arguments presented establishing the following findings of facts and drawing the following conclusions: (1) The County Commissioners find as a fact that all of the specific requirements set forth in Section 72-20 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (2) It is the County Commissioners' conclusion that the proposed use does satisfy the first general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following findings of fact: (a) The applicant has received applicable Health Department permits pertaining to septic tanks and inside cleaning and toilet facilities. (b) The site has been inspected by the Fire Marshal and Building Inspector for general safety. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 952 (c) The site is located within the Winter Park Volunteer Fire Department. (3) It is the County Commissioners' Conclusion that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following findings of fact: (a) The site is appropriately zoned for the use. (b) An outside fenced play area is provided. (c) Adequate off-street parking is provided and room lS available to exit the site without backing into the street. 4. It is the County Commissioners' conclusion that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following findings of fact: (a) Except for a small addition, the basic floor plan of the existing dwelling remains unchanged. (b) No changes are planned for the structure's facade. (c) The owner currently has a registered day care in the house and no evidence is available that suggests it devalues the adjoining property. (d) There are similar operations ln the general area. 5. It is the County Commissioners' conclusion that the proposed use does satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following findings of fact: (a) Except for a small addition, the basic floor plan of the existing dwelling remains unchanged. (b) No changes are planned for the structure's facade. (c) The owner currently has a registered day care in the house and no evidence is available that suggests it devalues the adjoining property. (d) There are similar operations ln the general area. 6. The special use permit is subject to the following conditions: -Applicable federal, state and local laws. -A six (6) foot wooden privacy fence be installed along the side and rear property lines. -A maximum of twelve children are permitted for care. -No more than one third (1/3) of the children may be permitted in the outside play area at any given time. -Removal of the parking space in the front yard directly ln front of the house. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 953 Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Caster Commissioner Caster stated, for the record, he lS very grateful for individuals like Ms. Muse, but feels the increased traffic and noise can not be legislated; therefore, he cannot support the request. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 6. Commissioner Sisson requested staff to request the Planning Board present their findings of fact with a recommendation based upon these findings. This would assist the Board of Commissioners in determining why a request, such as this, was denied. Planning Director Hayes reported he will be glad to check into this matter; however, the minutes of the Planning Board meetings could be used which would eliminate redundancy. BREAK Chairman Greer called a break from 11:05 P.M. until 11:13 P.M PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR AN EIGHT SLIP COMMUNITY BOATING FACILITY AT THE EASTERN END OF PELICAN POINT ROAD Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, persons wishing to comment must be sworn in by the Clerk to the Board. The following person was sworn In: Pete DeVita Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the applicant's request. The preliminary staff findings are as follows: (1) The site is located at the eastern end of Pelican Point Road and extends from the DeVita property. (2) The applicant proposes to construct a gazebo, fixed pier and eight (8) slip floating dock. A Coastal Area Management Act permit application has been filed. (3) The County permits community boating facilities by Special Use Permit only. Note: Community boating facilities are defined as those serving or intending to serve more than five (5) residential lots or units; however, the number of slips may not exceed the number of residential lots or units within the associated development. The eight (8) lots will have access to the facility. (4) No commercial activities are permitted. None are planned. (5) No off-street parking is planned. The applicant proposes that dock users park at their nearby respective residences and walk to the facility. (6) The adjoining waters are classified SA/ORW, an indication of Shellfishing and Outstanding Resource Water; however, the harvesting of shellfish is prohibited. (7) The facility will cross a salt marsh, a conservation resource NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 954 identified for protection by the County Zoning Ordinance. Note: The Ordinance permits water dependent uses, such as docks, piers and boat ramps in the conservation space provided the facility is designed to minimize impact on the space. (8) The site is located within the Myrtle Grove Volunteer fire Department District. (9) No sewer service lS required. (10.) A small water line will be extended to the facility. It will be used to clean fish and wash down boats. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received. Mr. Pete DeVita reported the DeVita portion of the permit has been eliminated from the request, and the CAMA and Corps of Engineers permits have been received. The proposed facility will be of quality construction and enhance the value of the community. The Commissioners were requested to grant the Special Use Permit. Planning Director Hayes asked Mr. Pete DeVita if he concurs with the findings of fact presented by the Planning Staff. Mr. DeVita agreed with the findings of fact as presented. Commissioner Sisson inquired as to whether there will be a problem with boaters dumping toilet waste into the waterway. Mr. DeVita reported one of the permits will not allow dumping of toilet waste into the water. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to grant the Special Use Permit for an eight slip community boating facility based on the evidence presented satisfying the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 6. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to convene from Regular Session to hold a meeting of the Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 11:20 P.M. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 11:22 P.M. ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF EMERGENCY PURCHASE OF BOILER GRATES - WASTEC Director of Environmental Management, Ray Church, reported during shutdown of the boilers for maintenance it was discovered that the grate system in one of the old boilers was burned out and in danger of sagging into the undercarriage of the boiler. The boiler cannot be relit until the grates are replaced. The Commissioners were requested to adopt a resolution approving the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 955 purchase of 144 boiler grates as an emergency purchase within the guidelines of N.C.G.S. 143-192. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the resolution for an emergency purchase of boiler grates for one of the old boilers in the amount of $20,880 at WASTEC in compliance of N.C.G.S. 143-192. 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 2. APPOINTMENT OF VICE-CHAIRMAN E. L. MATHEWS, JR. TO SERVE ON THE DSS BUILDING TASK FORCE County Manager 0' Neal requested appointment of one County Commissioner to serve on the DSS Building Task Force. Consensus: After discussion, it was the consensus of the Board to appoint Vice-Chairman Mathews to serve on the DSS Building Task Force. AUTHORIZATION FOR STAFF TO PROCEED TO PURCHASE PROPERTY LOCATED AT 402 CHESTNUT STREET County Manager 0' Neal reported the owner of the property located at 402 Chestnut Street has agreed to a sale price of $150,000 contingent upon the County performing the closing and title work at no cost to the owner, and the County conducting the environmental review in an amount not to exceed $2,500. The Commissioners were requested to allow staff to proceed to purchase the property with an appropriation from the unappropriated fund balance. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to authorize staff to proceed with the purchase of the property located at 402 Chestnut Street at a sale price of $150,000. The funds are to be appropriated from the unappropriated fund balance, the County will perform the necessary title and closing work, and the County will conduct an environmental review not to exceed $2,500. The floor was opened for discussion. Commissioner Caster stated, for the record, he cannot support this motion because the cost is too high. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Caster REPORT ON WILMINGTON HOUSING FINANCE AND DEVELOPMENT, INC. County Attorney Copley reported she contacted the Wilmington Housing Finance and Development, Inc. to see if they can extend their services outside the City Limits. The corporation can go beyond the City limits, but County funds would be required. ADDITIONAL ITEMS - COUNTY COMMISSIONERS REPORT ON 1994 LEADERSHIP CONFERENCE HELD IN RALEIGH, N. C. Vice-Chairman Mathews reported on attending the 1994 Leadership Conference in Raleigh, N. C., where school officials and County Commissioners met to discuss public schools. The focus of the conference was on communication and the need to develop a cooperative and working relationship between county managers and superintendents of schools as well as among Boards of Education and Boards of County Commissioners. The conference was most informative. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 7, 1994 BOOK 23 PAGE 956 AUTHORIZATION TO NAME THE PARK IN THE OGDEN AREA Chairman Greer reported the Parks Advisory Board would like to officially name the park in the Ogden area. Motion: After discussion, Commissioner Barone MOVED, Vice-Chairman Mathews to officially name the park, Upon vote, the MOTION CARRIED UNANIMOUSLY. SECONDED by Ogden Park. DISCUSSION OF LEASING THE ROCK HILL COMMUNITY BUILDING Chairman Greer reported the lease on the Rock Hill Community Building expired on June 30, 1992. Mr. Benjamin A. Bellamy, Scoutmaster of Troop 233 would like to lease the building. The Parks Advisory Board is not interested in renewing the lease and would like to allow Troop 233 to lease the building if agreeable with the Board of County Commissioners. Consensus: It was the consensus of the Board not to renew the lease. Staff was requested to relay this information to the Parks Director, Neal Lewis. REPORT ON "FRIENDS OF TOBACCO" MARCH IN WASHINGTON, D.C. Commissioner Barone reported on going to Washington on January 26, 1994 with approximately 2,000 people to express concern for allowing President Clinton's health plan to be paid for by the tobacco industry. The march was successful, and she joined the group at her own expenses since tobacco is of such economic importance to the State of North Carolina. ADJOURNMENT Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 11:40 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board