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1993-05-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 443 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 3, 1993, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Wilbur Teachey, Pastor of Trinity United Methodist Church, gave the invocation. Commissioner Sisson led the audience ln the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or discuss an item listed on the Consent Agenda. The following remarks were received: Ms. Lola Franks Ellerby reported on a problem being experienced with the Sewer District regarding an easement across her family's property on Greenville Sound Loop Road and requested assistance from the Board of County Commissioners in resolving this matter. Chairman Greer requested Ms. Ellerby to present this complaint during the regular meeting scheduled for the Water & Sewer District later on the agenda. APPROVAL OF CONSENT AGENDA Commissioner Barone requested removal of Consent Agenda Item #6 for further discussion. Commissioner Sisson requested withdrawal of Consent Agenda Item #4, because it appears the condemnation process may not be necessary; however, if negotiations should be unsuccessful, this item will be recalled within two weeks. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the Consent Agenda with removal of Item #6 for discussion in Regular Session and withdrawal of Item #4 as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Airport Authority Work Session Budget Work Session Regular Meeting Land Use Update Plan Work Session Board of E & R - April 13, 1993 - April 16, 1993 - April 19, 1993 - April 19, 1993 - April 19, 1993 Rejection of Bid #93-0309 Received for Caustic Soda Liquid - Waste- to-Energy Facility The Commissioners adopted a received from Prillaman Chemical liquid because the product did resolution rejecting the bid Corporation for caustic soda not conform to the required NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 444 technical specifications in the bid proposal. Staff was authorized to return the bid deposit to the unsuccessful bidder and rebid this item. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 4. Authorization for the Health Department to File a Grant Application for a Nutrition Program entitled, "Baby Talk" The Commissioners authorized the Health Department to file a grant application with the N. C. Department of Environment, Health, and Natural Resources, Division of Maternal and Child Health, Children and Youth Section, for a grant entitled, Baby Talk. This program is to provide pregnant teenagers with nutrition education to help improve their dietary habits and produce a positive pregnancy outcome. The grant is for FY 1994 and is in the amount of $4,274. Approval of Budget Amendment #93-0189 - Environmental Management The Commissioners approved the following Budget Amendment: 93-0189 Environmental Management/Recycling Debit Credit Environmental Manaqement/Recyclinq Keep America Beautiful Grant $2,000 Environmental Manaqement/Recyclinq Postage printing Supplies Travel $ 225 $ 150 $ 500 $1,125 Purpose: To budget a $2,000 grant received from the N. C. Keep America Beautiful Program to conduct a waste reduction/recycling seminar held on April 20, 1993. Participants will be charged a registration and there will be no County expense. Approval of Budget Amendment #93-0195 - Health Department/Home Health The Commissioners approved the following Budget Amendment: 93-0195 Health Department/Home Health Debit Credit Health Department/Home Health Home Health Fees - Medicare $47,000 Capital Outlay - Equipment $47,000 Purpose: To budget greater than anticipated Home Health revenue for four (4) additional work stations and a copier for the Home Health staff, which will help the department run more efficiently. Approval of Budget Amendment #93-0197 Fire District/Fire Departments The Commissioners approved the following Budget Amendment: 93-0197 - Fire District/Fire Departments Debit Credit Fire District/Fire Departments Appropriated Fund Balance $9,007 Ogden Volunteer Fire Department $9,007 Purpose: To budget two quarterly payments on Ogden Volunteer Fire Department for the mini-pumper. Approval of Budget Amendment #93-0199 Health and Aging Departments The Commissioners approved the following Budget Amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 445 93-0199 Health and Aging Departments Debit Credit Health Department/Rankin Terrace Federal Grant $9,465 Health Department/Administration Capital Outlay - Equipment $7,265 Department of Aqinq/Administration Capital Outlay - Equipment $2,200 Purpose: To budget unanticipated revenue from a Rankin Terrace Community Health Care grant. Funds will be budgeted to purchase a fax machine and cassette tape drive for Health Administration, and a fax machine for the Aging Administration. Ratification of Proclamation Declaring May 6, 1993, as "A Day of Prayer" in New Hanover County The Commissioners ratified a proclamation declaring May 6, 1993, as "A Day of Prayer" in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 4. Adoption of Proclamation Declaring May 1993 as "National Disability Awareness Month" The Commissioners adopted a proclamation declaring May 1993 as "National Disability Awareness Month" in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 4. APPROVAL OF CONSENT AGENDA ITEM #6, CONTRACT #93-0321 BETWEEN NEW HANOVER COUNTY AND CAPE FEAR MUSEUM ASSOCIATES, INC. FOR DINAMATION EXHIBITION AND APPROVAL OF BUDGET AMENDMENT #93-0193 Commissioner Barone requested the County Manager to comment on this item. County Manager O'Neal commented on the manner in which the funds will be disbursed from the Dinamation Exhibition. It is anticipated the exhibition will generate revenue in the amount of $80,000 with Dinamation receiving one-half ($40,000); Cape Fear Museum Associates, Inc. receiving one-third ($13,000); and the remaining $27,000 being used to break even with costs incurred for the exhibition. The County could receive a small portion of funds. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to approve a contract between New Hanover County and Cape Fear Museum Associates, Inc. for an advance of funds to cover expenses from the Dinamation Exhibition with reimbursement of the funds to the County as stipulated in the contract and recommended by staff; authorize the County Manager to execute the contract documents; and approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. 93-0193 Museum/Dinamation Debit Credit Museum/Dinamation Contribution - Other Salary & Wages FICA Contracted Services printing Charges Departmental Supplies Capital Outlay - Equipment $25,836 $ 3,570 $ 273 $ 6,700 $ 2,000 $ 3,350 $ 9,943 Purpose: To budget funds required to set up the Dinamation Exhibit. The start-up cost will be funded by a donation from the Museum Associates, which will be refunded when revenue is received from the exhibit. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 446 PUBLIC HEARING TO RECEIVE INPUT ON THE PROPOSED CHILDREN'S INITIATIVE PROJECT Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to schedule a Public Hearing on May 17, 1993, to receive input from the public on the Children's Initiative regarding a proposed Ti- County Child Mental Health Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. Director of the Southeastern Center, Doug Sudduth, reported the Public Hearing was to be held tonight and requested the Commissioners to proceed with holding the Public Hearing. Motion Withdrawn: Commissioner Barone withdrew the MOTION. Chairman Greer apologized for not understanding that the Public Hearing was scheduled for tonight and opened the Public Hearing. Ms. Alice Keiger reported the Children's Initiative is an inter-agency effort to make improvements in the system of services for children in Brunswick, New Hanover and Pender Counties. This effort was initiated by the Southeastern Center and will accomplish two primary goals: (1) update the area Child Mental Health Plan to comply with the requirements of the State Child Mental Health Plan; and (2) develop a proposal to be submitted to the State Division of Mental Health, Developmental Disabilities & Substance Abuse Service to apply for a 1915(b) Medicaid Waiver which will make available more than $1,000,000 for a wide range of mental health and substance abuse services for medicaid eligible children. Emphasis was placed on the opportunity to change the entire system of services for children, youth and their families with mental, emotional and substance abuse problems. Ms. Judith Wall, Acting Director of Children and Youth Services for the Southeastern Center, reported for the past three months a group of agencies, including the schools, have been meeting with parents and other family members to assess the needs for mental health services for children and their families in Pender, Brunswick, and New Hanover counties. Ideas presented at these meetings along with the ideas of the United Way Assessment have been incorporated in the project. Mr. Jeff Olson, Chief of Children's Services with the New Hanover County Department of Social Services, reported that New Hanover County consistently ranks among the highest in the State in terms of training school commitments, psychiatric hospitalization of juveniles, the number of child protective services reports, and the number of children held in legal custody. The proposed plan will allow multi-agencies to work cooperatively together and use already existing federal and state funds to develop a plan that will provide a wider range of services to the families and children at risk in the community. Emphasis was placed on the importance of developing a plan that will address the needs of at-risk children. Ms. Kate Peterson, representing the Methodist Home for Children, reported on children desperately in the need of services because of drug abuse, physical abuse, poverty, and an overall lack of care. The Children's Initiative is a plan to accomplish the necessary coordination among the agencies to truly meet the needs of these children and their families to avoid separating children from their homes and being placed in foster homes outside the county. Ms. Ruth Ann Plate, Director of the Program for Exceptional Children, reported on recognizing over 2,000 children with special needs. Children and their families are in crisis with needs not being met as families wait to be seen because the resources are not available. Counties in the State of North Carolina are ranked 1 through 100 with 1 being the highest rating and 100 the poorest NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 447 rating. In the latest report received from the State, New Hanover County is rated as follows: (1) Juvenile Violent Arrests, 94th; (2) Child Abuse and Neglect, 99th; outer-home placement, 100th. These statistics are indicative of the needs that must be met, and the Children's Initiative will help us to accomplish this goal. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Dr. Sylvia Polgar, a parent of a mentally ill child and a member of the Alliance for the Mentally Ill, reported on the need for all agencies to work together to provide these services to these children in order for them to remain in their homes. The Commissioners were urged to support the Children's Initiative. Chairman Greer closed the Public Hearing. Commissioner Sisson reported New Hanover County is fortunate to be selected to perform this pilot project. A major purpose of the program is to ascertain if local communities and agencies working together can meet the needs of these children and families more effectively versus a centralized agency who dictates how state and federal funds are to be used. In effect, this is not a mandate without funds, but a program to pool the existing resources and do a better job of rendering services with these funds. It is hoped that this cooperative effort will provide more cost-effective services and save money by avoiding hospitalization of these children, which is much more costly. REQUEST BY THE CAPE FEAR COAST CONVENTION AND VISITORS BUREAU FOR SUPPORT OF THE PROPOSED ONE PERCENT PREPARED MEALS AND BEVERAGE TAX The following remarks were received on the 1% Prepared Meals and Beverage Tax: Mr. Joe Russo, representing the Wrightsville Beach Chamber of Commerce, reported on the need for increased revenues to promote our area in order to provide growth for the tourism industry. Mr. Steve Davenport, a member of the Coast Line Convention Center Board, commented on the importance of tourism to the economy of New Hanover County and reported on the need to tap the strong market for conventions that could be held in the Coast Line Convention Center if funds were available to market our area. Wrightsville Beach Mayor Fran Russ reported the Board of Aldermen has endorsed the 1% Food and Prepared Food Tax. Emphasis was placed on the need to market our area and develop the shoulder season, October through March, in order to have tourism on an annual basis. Carolina Beach Town Council Member, Sheila Davis, reported the Town Council is strongly opposed to changing the distribution of the Room Occupancy Tax and feels there is a need to develop tourism on a 12-month basis. Passage of the 1% Prepared Food and Beverage Tax will generate the necessary revenue to properly market our area and promote the tourism industry, which will benefit the entire community. Mr. Harper Peterson, President of the Downtown Wilmington Association, supported implementation of this tax which will generate funds to attract tourist to our area for 12 months. Mr. Ron Gumm, representing the Greater Wilmington Chamber of Commerce, reported the Chamber heartily supports the 1% Prepared Food and Beverage Tax. Ms. Mary Baggett, representing the Blockade Runner, commented on the jobs rendered to our citizens through tourism and the need NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 448 to establish tourism on a 12 -month basis ln order to provide permanent jobs to these persons. Kure Beach Town Council Member, Kip Darling, complimented the Commissioners for sending the message to Raleigh that no programs should be mandated without funding. With adoption of the 1% Prepared Food and Beverage Tax, the County can promote and market the entire area with funds collected from the tourist visiting our area. He requested a balanced economic plan for New Hanover County through implementation of this tax. Mr. Bill Golder, a member of the Convention and Visitors Bureau, stated the economic future of New Hanover County rests in the hands of the County Commissioners. Tourism promotes more jobs for our children and brings industry into the area. He urged the Commissioners to vote in favor of the 1% Prepared Food and Beverage in order to properly market and promote this vital industry. Mr. Peter Davis, a resident of Wrightsville Beach, reported the Board of Aldermen voted 3 to 2 for the 1% Prepared Food and Beverage Tax. The residents of Wrightsville Beach are not in favor of the meals tax. During the winter, Myrtle Beach with its outstanding marketing, still has slow periods during the months of October and March because the water is cold. Concern was also expressed for going against the wishes of the taxpayers, who are opposed to the tax and the impact of this tax on the elderly citizens of the County who are on fixed incomes. The Commissioners were urged to oppose this unjust tax and if considered, this item should placed on a ballot to let the public decide if the tax should be levied. Mr. Charlie Rivenbark, an operator of a restaurant on College Road, reported many small restaurants will not benefit from the proposed tax and expressed concern for the unfairness in singling out one industry. He requested the Commissioners to oppose the proposed bill and seek another source of funding. Mr. Richard Williamson, owner of the Deli on Front Street, expressed opposition to imposing another tax on small restaurant owners. Chairman Greer reported the local legislators are waiting for a decision from the Board of County Commissioners and requested direction. Commissioner Sisson reported on the number of calls received from citizens expressing concern for imposing a tax that will support only one industry. He reported on the need to reduce the waste stream by 25% as mandated by the State and recommended using a portion of this tax to implement a recycling program for disposal of solid waste by the commercial sector. Perhaps, if the monies collected were used for a public use, such as a recycling program, the tax would be more acceptable to the general public. This idea has not been discussed with the proponents of the bill; however, the Commissioners may wish to consider this before voting on the lssue. vice-Chairman Mathews inquired as to whether CVB would have total control of the funds? County Attorney Copley reported CVB would have total control of the funds. Commissioner Caster reported on the need to raise funds for the promotion of tourism, but expressed concern for levying another tax on the citizens of New Hanover County when many of its citizens are opposed to the proposal. If another funding mechanism can be found, he would be in support of additional funds for promoting tourism. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 449 Chairman Greer reported he cannot support the proposed tax and recommended redistribution of the Room Occupancy Tax. Presently, 75% of monies collected from the Room Occupancy Tax are earmarked for beach renourishment and 25% earmarked for tourism. Funds have increased yearly with heal thy gains for both the CVB and beach renourishment projects. The beach renourishment fund has a balance of approximately five to six million dollars; therefore, he would be in favor of splitting the distribution from 75/25 to 50/50. This method of distribution would allow the beach renourishment fund to continue to grow, which is needed due the high cost of beach renourishment, and at the same time double the money received for the promotion of tourism. Commissioner Barone stressed the importance of providing direction to the Legislative Delegation and recommended approving the bill in principle, which will require public hearings in the Spring and allow the citizens to comment on this matter before rendering a decision on levying the tax. Also, the suggestion for allowing the public to decide through a referendum vote is an excellent idea. A lengthy discussion was held on the amount of control over how CVB funds are spent; approval of the CVB budget by the County Commissioners; placing a time limit on the tax, if levied; what happens to the funds if CVB should cease to exist. Jane Peterson, President of CVB, reported the CVB Board is appointed by the New Hanover County Board of Commissioners and the Wilmington City Council with each local government appointing an elected official to serve on this board as well as appointing the other members of the CVB Board of Directors. Therefore, the local governments do have control over how funds are expended through approval of the budget and marketing plan. If the CVB should disband, the Board of Directors is the Bureau and would have control of the funds. As a matter of information, the monies collected from the tax must be used for travel and tourism, not for other purposes. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to delay action until an arrangement can be worked out for approval of the CVB budgets; placement of a time limit on the tax; and draw up an arrangement as to how CVB funds will be spent. The floor was opened for discussion. Chairman Greer requested clarification of the motion and inquired as to which budget should be submitted for approval by the Board of County Commissioners, what type of time limit, and how the monies are to be spent? Vice-Chairman Mathews responded the proposed yearly budget should be submitted for approval by the Commissioners; a time limit should be established as to how long the tax will be levied; an agreement should be drawn as to how CVB funds will be spent; and, also, he would like to AMEND HIS MOTION to include clarification of what will happen to the funds if CVB should cease to exist. Commissioner Barone SECONDED the AMENDED MOTION. Chairman Greer called for a vote on the AMENDED MOTION to delay action on this item to work out an arrangement for submission and approval of CVB budgets; placement of a time limit on the tax; an agreement as to how CVB funds will be spent, and clarification as to what will happen to the funds if CVB should cease to exist. The AMENDED MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Caster Chairman Greer NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 450 Consensus: Discussion was held on making a decision in a timely manner. It was the consensus of the Board to request CVB to respond to these requests in time for this item to be placed on the agenda for May 17, 1993. REQUEST BY NEW HANOVER REGIONAL MEDICAL CENTER BOARD OF TRUSTEES TO PROCEED WITH THE ISSUANCE OF TAX EXEMPT HOSPITAL REVENUE BONDS Mr. Eugene Lees, Chairman of the New Hanover Regional Medical Center Board of Trustees, requested approval for a $25,000,000 tax exempt hospital revenue bond issue, which represents a $9,000,000 increase from the original request made to the Board of County Commissioners on July 6, 1992. The proposed increase includes additional funds for energy plant improvements; a parking garage and a pneumatic tube system. In addition, due to the anticipated timing of the bond issue, it is recommended that the Community Heal th Clinic be funded through the Medical Center operations; therefore, the Hospital Board of Trustees is seeking approval to include approximately $1,000,000 for a telecommunication system in the revenue bond issue in place of the Community Health Clinic. New Hanover Regional Medical Center will be solely responsible for repayment of the bond issue without any requirement for payment of this debt through County taxes. The following report was presented: Oriqinal $16 Million Issue pro-iect Approximate Cost Rehabilitation Hospital Energy Plant Improvements - Phase I Telecommunications Equipment (replaces Community Health Clinic) $11,000,000 4,000,000 1, 000,000 $16,000,000 Additional Capital Needs pro-iect Approximate Cost Energy Plant Improvements - Phase II Parking Garage Pneumatic Tube System $ 5,000,000 3,000,000 1, 000,000 $ 9,000,000 vice-Chairman Mathews inquired as to whether Mr. Lees is prepared to respond to issues addressed in the March 16 letter? Mr. Lees responded he is not representing the full Hospital Board of Trustees and cannot speak for them, but he will be glad to answer any questions. Discussion was held on the proposed lease amendment allowing either board to call a Public Hearing during the lease cancellation process. Commissioner Barone expressed concern for allowing the Hospital Board of Trustees to call a Public Hearing, when they are an appointed Board by the County Commissioners, and recommended deleting the verbiage that requires a Public Hearing or allowing only the Board of County Commissioners to call a Public Hearing. Also, Commissioner Barone expressed concern for calling a joint meeting with the Board of County Commissioners on March 18, 1993, without requesting all members of the Hospital Board of Trustees to attend. Chairman Greer commented on some of these concerns being petty and recommended that these issues be resolved at another time. Commissioner Barone objected and stated the lease agreement is part of the revenue bond issue and should be addressed before authorizing the bond issue. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 451 Discussion was held on the payment of rent or including the remaining debt from the issuance of general obligation bonds into the hospital revenue bond issue. County Manager O'Neal reported Bond Counsel has no problem with combining the two; however, after discussion with the State, it is felt that the Local Government Commission will not approve this action because it is of no particular advantage to the County or hospital. Chairman Greer commented on removal of funding for the Community Health Clinic and inquired as to why this has not been included in the bond issue? Mr. Lees reported the hospital is still committed to the $1,000,000 funding allocation for the clinic; however, the project is not far enough along to include this item in the revenue bond issue. Consequently, the $1,000,000 included for telecommunications equipment will free up the $1,000,000 budgeted for the purchase of this equipment and allow these funds to be used for the clinic. Chairman Greer commented on the need to focus on the well being of the hospital and recommended resolving these issues at another time. Mr. Lees agreed and stated the lines of communication are open and he is willing to discuss the proposals presented by the Hospital Board of Trustees at another time; however, there is a need to move forward with approval of the revenue bond issue. Commissioner Sisson requested Commissioner Caster, the Board's representative serving on the Hospital Board of Trustees, to present a report on the issues involving the lease agreement. Commissioner Caster reported the following issues have been resolved: (1) a change in the written notice of cancellation from 120 days to 90 days; (2) terms of office amended reflecting a reduction in the terms from five to three years with a unanimous vote required by the Board of County Commissioners for denying reappointment of a member to serve a second three-year term; (3) the transfer of assets to the County if the hospital should dissolve; and (4) the payment of rent is a mute point since the general obligation bonds cannot be included in the hospital revenue bond issue. Commissioner Caster reported the original general obligation bond issue for construction of the hospital was $14 million and twenty years later this facility is worth $500 million. In his opinion, to request the hospital to pay this debt and shift this money to persons using the facility is wrong. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to approve the $25 million revenue bond issue and accept the three issues as presented by the Hospital Board of Trustees in the letter of April 28, 1993. The floor was opened for discussion. Commissioner Barone stated she would not be concerned about the remaining payment of the general obligation bonds if the hospital had not made an $85 million with $75 million written off for the indigent leaving a $10 million profit for the past year. In her opinion, this is not unreasonable request. Commissioner Sisson reported the hospital is a "not for-profit corporation" which requires the $10 million profit to be reinvested ln the hospital for purchase of equipment, renovations, etc. Chairman Greer responded these issues should be separate; therefore, he cannot vote on this motion. Upon vote, the MOTION CARRIED AS FOLLOWS: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 452 Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Chairman Greer BREAK Chairman Greer called a break from 8:10 P.M. until 8:35 P.M. PRESENTATION OF 10-YEAR FACILITIES PLAN FOR NEW HANOVER COUNTY SCHOOLS Dr. Tom McNeel, Superintendent of Schools, presented a 10-Year Facilities Plan outlining all school construction, additions, modification and projects needed through 2002-2003. The New Hanover County Board of Education has determined these needs will be necessary to provide safe, attractive, functional environments for every student as specified in the Basic Education program. The estimated total cost of the ten-year plan is $107,010,259. The plan is being submitted for review but does not have to be approved by the Board of County Commissioners. Chairman Greer, on behalf of the Board, expressed appreciation to Dr. McNeel for the presentation. A copy of the plan lS hereby incorporated as a part of the minutes and is contained ln Exhibit Book XXI, Page 4. AWARD OF BIDS FOR ON-SITE PREPARATION OF NUTRITION PROGRAMS AT THE SENIOR CENTER AND APPROVAL OF BUDGET AMENDMENT #93-0201 Director of Aging, Annette Crumpton, reported bids have been received for on-site food preparation and the additional equipment for the Nutrition Program. The per-meal cost and equipment cost are both lower than originally estimated with the facility modifications higher than anticipated. The total cost for the implementation of on-site food service can be recovered in one year due to the reduced per-meal cost. On-site food service will improve food quality and nutrition as well as increase the number of clients served without increasing County dollars. After review, Staff recommends award of the following bids to the lowest responsible bidders and approval of the accompanying Budget Amendment: Award of Bid #93-0257 - Per Meal Price: Service America Corporation $2.1650 for less than 500 meals per day or a per meal price of $2.0690 for 500 or more meals per day. The current cost per meal is $2.73 producing a savings of $.56 per meal for an annual savings of $58,195. Award of Bid #93-0290 - Equipment: Montgomery Green, a Division of Edward Don & Company Bid Award: $35,400,000 Renovation by Property Management ln the amount of $8,000. Director Crumpton presented an updated equipment list with deletion and addition of items and expressed delight that the bids were satisfactory and under the present cost. The Commissioners were requested to award the bids as presented with an implementation date of July 1, 1993, for a period of three years. Vice-Chairman Mathews Crumpton for pursuing this expressed appreciation to Director item and stressed the importance of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 453 providing warm, well prepared meals to our elderly citizens. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to adopt resolutions awarding bids to Service America Corporation and Montgomery Green, a Division of Edward Don for in- house preparation of home-delivered and congregate meals at the Senior Center as recommended by staff; authorize the Chairman to execute the necessary contract documents; and approve the following Budget Amendment. The floor was opened for discussion. Chairman Greer expressed concern for the manner in which the bid exhibits were presented in the agenda packet and inquired as to how many meals are served per day and how many days per week? Director Crumpton responded approximately 412 meals are served per day, five times a week, Monday through Friday. Commissioner Greer reported the contract reflects that meals are served every day a week and recommended that the contract be amended. Also, he inquired as to whether Service America was given an opportunity to submit a price for the meals being prepared at another site? Director Crumpton stated the bidders were given the option of submitting a prlce for preparation of the meals in the Senior Center kitchen or for preparation at another site. All bids received were for preparation of the meals in the kitchen of the Senior Center. Commissioner Barone inquired as whether the contract has a provision that would hold the price per meal to the current figure for the remaining two years of the contract? Purchasing Agent, Amy Akin, reported Exhibit A in the bid package does provide for negotiation of the price at the end of each year based upon the price index printed in the New York Times, which reflects the current inflation figure. The price quoted in the bid will remain firm through June 30, 1994, but the price could change due to the cost of food products and inflation; therefore, this provision is included in the bid document. Chairman Greer reported this is a vital part of the contract and expressed concern for this item not being specifically written out in the contract. Chairman Greer also expressed concern for the County Staff and County Commissioners allowing a facility to be constructed without a kitchen included in the design that would accommodate on-site preparation of meals. It is most unfortunate that additional funds will have to be allocated for modification of a brand new building. Upon vote, the MOTION CARRIED UNANIMOUSLY. 93-0210 Non-Departmental/Department of Aging-Senior Center Debit Credit Non-Departmental Contingencies $43,400 Department of Aqinq/Senior Center Other Improvements Capital Outlay - Equipment $ 8,000 $35,400 Purpose: To transfer funds from contingencies to renovate the kitchen at the Senior Center in order to prepare home-delivered and congregate meals in-house. The savings in cost of meals will occur in the next fiscal year, but the kitchen must be renovated in this fiscal year. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 454 Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit XXI, Page 4. Copies of the contracts are on file in the Legal Department. PUBLIC HEARING TO CONSIDER A GRANT APPLICATION FOR THE COMMUNITY REVITALIZATION CATEGORY OF THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Assistant Planning Director, Patrick Lowe, reported the purpose of the 1993 Small Cities Community Development Block Grant Program is directed toward improving, preserving, or developing residential areas; addressing the national objective to benefit low and moderate-income persons; and aid in the prevention or elimination of slums and blight. In order to submit the grant application, a Public Hearing is required to assist the County in identifying eligible target areas. Chairman Greer opened the Public Hearing and inquired as to whether anyone from the general public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. The Planning Department targeted three potential areas to meet the low and moderate income requirements for the Community Development Block Grant application as follows: (1) continuation of rehabilitation in the Wrightsboro area; (2) potential sites in the Monkey Junction area; and (3) the Kirkland Area on Market Street. After review and evaluation, the Kirkland area on Market Street around Stephens Church Road is the primary target area. There are approximately 40-50 homes in this area in the low to moderate income criteria that are in need of various levels of rehabilitation to include replacement of failed septic systems by providing County sewer service which can be extended from the Porters Neck area. Grant matching funds of approximately $200,000 can be provided by the Sewer District Fund Balance with no other County funds required. The grant application is in the amount of $600,000 with a draft application being prepared and presented to the Board of County Commissioners at the second meeting in May for final review and approval. Commissioner Sisson reported on the longevity of the Kirkland community and the need to assist with rehabilitation of housing as well as relieve the failing septic tanks in this area and requested support of the grant application. Motion: After discussion of the availability of match funds in the Water & Sewer District Fund Balance, Commissioner Barone MOVED, SECONDED by Chairman Greer to proceed with the CDBG Grant application in the Kirkland area. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR THE PROPOSED OGDEN VOLUNTEER FIRE DEPARTMENT SATELLITE STATION ON PORTERS NECK ROAD (S-345, 11/92) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, all persons wishing to speak must be sworn in by the Clerk to the Board. The following persons were sworn In: John Rauseo Claudia Spuhler James C. Bray James A. Green R. J. Collins Leo Turman Larry Sneeden NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 455 E. E. Worrell Gary A. Cummins Staff Planner, Pete Avery, reported this is a continued item from the meetings of December 7, 1992, and January 4, 1993, at which time the findings of fact and specific conditions were presented. These findings and conditions remain unchanged; therefore, unless desired, it is not necessary to re-state the findings. On January 4, 1993, the Commissioners felt this item needed more study and under the direction of the Assistant County Manager, Dave Weaver, a committee was appointed composed of members of the Planning Staff, officials of the Ogden Volunteer Fire Department, and local residents to study alternative sites which would be more acceptable to surrounding neighborhoods. This committee met on two occasions with discussion of numerous sites with no unanimous conclusion on any alternative site. The Ogden Volunteer Fire Department requested that the original site be placed on the agenda for May 3, 1993. After reVlew of the proposed site located on Porters Neck Road east of Edgewater Club Road, the Planning Board voted three to two to recommend approval of granting a Special Use Permit for construction of a satellite fire station. The Planning Board's recommendation for approval comes with the following conditions: -The site must comply with Section 67, Landscaping, of the Zoning Ordinance, including a requirement that existing vegetation along the frontage of Porters Neck Road be retained. -The building will be setback an additional 35 feet from its current proposed location. -No sirens will be utilized on the site except for periodic testing. -The building must be constructed ln a non-metal base with muted colors. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. James C. Bray, a resident of the Porter's Neck area, expressed concern for the traffic hazard at the intersection of Porters Neck Road and Edgewater Club Road and requested the Commissioners to deny issuance of a Special Use Permit based upon the evidence not satisfying the four general requirements as follows: (1) The proposed use will not endanger the public health or safety: The Porters Neck Road and Edgewater Club Road intersection is already a safety hazard due to excessive traffic and poor visibili ty. Increased traffic from the proposed satellite fire station will only increase the safety problem at this intersection. (2) The proposed use meets all required conditions and specifications of the Zoning Ordinance: There will be sleeping quarters and a kitchen in the proposed fire station which indicates an expansion of the station at a later date. If expanded this building will be used as a meeting place for various groups, a voting place, and for fund NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 456 raisers, which does not meet the requirements of the Zoning Ordinance. (3) The proposed use will not lnJure the value of adj oining property: Very few people would have purchased homes in this area if they had known a fire station would have been placed at this intersection. The location of a fire station will be detrimental to the area and decrease the value of the property. (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: A few years ago, the Porters Neck Plan was developed with 97 persons in the area canvassed. Out of this number of area residents, only 12% indicated any dissatisfaction with the status of fire protection in the area. Mr. Bray, also, expressed concern for a County Commissioner living in the Porters Neck area and requested Vice-Chairman Mathews to be excused from voting. Mr. John Rauseo, a property owner across the street from the proposed site, reported when holding meetings in the community nine sites were studied; however, it appears that dollars and cents have taken complete priority over reasonable options due to the cost of the land. An alternate site, listed as Parcel #6 on the map included in the agenda packet, was recommended as a desirable location for the satellite fire station. This land is offered free of charge but funds would be needed to pave the dirt road in order to eliminate a 130 degree turn. The alternative site would leave a small portion of Figure Eight Island out of fire protection coverage, but it would encompass homes on Sidbury Road which desire more fire protection coverage. pictures were presented reflecting junk cars located behind the Ogden Volunteer Fire Department and emphasis was placed on the importance of surrounding property owners having to live with situations of this type if the fire station is constructed on this site. The Commissioners were urged to consider another site for location of the satellite fire station. Assistant County Manager, Dave Weaver, reported costs would be associated with paving the road and, also, the road is not dedicated for public use which will require the County to purchase the rights-of-way. Ms. Claudia Spuhler, a resident of 813 Porters Neck Road, reported Vice-Chairman Mathews lives 5.2 miles from the proposed location and will be directly affected by this item; therefore, she requests that he excuse himself from voting on this issue in order to be fair. As a matter of information, Ms. Margaree E. Murray, is one of the adjoining landowners that agreed with the proposed location. Her husband was the Fire Chief for the Ogden Volunteer Fire Department for many years; therefore, she does have an interest in this matter. Robert C. Murray III is on the Ogden Volunteer Fire Department. These are the two adjoining landowners; however, the other adjacent landowners, Ms. Esma Greene McClammy and Mr. James A. Green are opposed to the proposed site. The residents of Porters Neck are not against fire protection, but are opposed to the proposed site. Also, when inquiring as to the water source for the fire tankers, the Emergency Management Director, Dan Summers, reported the water will come from Davis Nursing Home, the pond on Porters Neck Road, and Plantation Village, which is the water supply to the residential area where residents are already experiencing water problems. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 457 Commissioner Barone inquired as to when the residents noticed a change in the water? Ms. Spuhler reported three months ago, she started purchasing bottled water due to sulfur in her water. Other residents in the neighborhood have wells that have gone dry. Many residents felt the change was due to heavy rains and floods; however, as water has been removed from the area through the golf course and other development, the supply of drinking water could become very serlous. Mr. James A. Green, owner of Lot C and the adjacent lot to the proposed site, strongly opposed the location of the fire station on the proposed lot. Concern was expressed for Figure Eight Island being a private island by choice and emphasis was placed on the fact that if these residents want more fire protection, they should pay for that protection and locate a station on the island. A few years ago, the residents of Figure Eight Island tried to place a fire station on the island; however, there were no volunteers on the island willing to operate the station. After realizing this would not work, these resident have tried to locate a fire station at another location, which is not fair to the residents of the Porters Neck Road. Mr. Bob Collins, President of the Oyster Point Homeowners Association, reported on the existing safety hazard at the Edgewater Club Road and Porters Neck Road intersection, which is very dangerous because of visibility. With placement of a fire station at this site and the plans for 800 additional housing units plus another golf course, the traffic situation will become very serious. Perhaps, the residents on Figure Eight Island should consider placing a station on the island since they have water. The residents of Oyster Point are opposed to the proposed site. Mr. Gary Cummins, a resident of 802 Porters Neck Road, reported if the Commissioners decide to place a fire station on this location he would recommend allowing the neighborhood to place more restrictions on the proposed use as follows: (1) the station is to remain unmanned; (2) the station is not to be used as a gathering place for meetings, voting, or fund raisers; and (3) no hazardous materials are to be stored on the site. If the Special Use Permit is granted, Mr. Cummins requested that residents of the neighborhood be allowed to provide input for some extra conditions. Mr. George Freeman, a resident of the area, reported on meetings held within the neighborhoods and stated that is no other si te that will truly serve this area. The Commissioners were requested to approve the site as proposed. Chairman Greer closed the Public Hearing. vice-Chairman Mathews strongly objected to anyone implying that he would receive a gain from voting to support the proposed site and stated, in his opinion, if he did not vote for better fire protection of the entire area, he would being remiss in his responsibility as an elected official. Hopefully, in the future the ISO rating will improve and homeowners will become eligible to receive a lower insurance premium on their homeowners' policies. Ms. Spuhler reported the Insurance Service Organization (ISO), a rating association, reduces insurance rates if a home is within a five-mile area from a fire station; therefore, it is beneficial to Vice-Chairman Mathews for this satellite station to be located on this site since he lives 5.2 miles from the present fire station. vice-Chairman Mathews inquired as to why he would have a conflict of interest if his neighbors and the entire area need additional fire protection? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 458 Ms. Spuhler reported Vice-Chairman Mathews will be gaining from lower insurance premiums as well as the residents living on Figure Eight Island; therefore, this is a conflict of interest since he lives more than 5.2 miles from the present volunteer fire station. Vice-Chairman Mathews requested the County Attorney to render an opinion on the conflict of interest matter? County Attorney Copley reported after review of the conflict of interest statute, in her opinion, Vice-Chairman Mathews does not have a conflict of interest. The statute clearly states that an elected official cannot enter into a contract for his own benefit. In this case, the neighborhood as a whole would benefit, not just Vice-Chairman Mathews. If the other Commissioners feel this is a conflict of interest, they may request Vice-Chairman Mathews to be excused from voting. Ms. Spuhler, again reiterated, that Vice-Chairman Mathews' insurance rate would be reduced as well as the persons living on Figure Eight Island. County Attorney Copley informed Ms. Spuhler that a reduction in the insurance premium is speculative and stated this action will benefit the entire area, not just Vice-Chairman Mathews. Mr. Bray commented on the appearance of a conflict of interest if Vice-Chairman Mathews votes; and stated while attending the neighborhood meetings, none of his neighbors attended; therefore, it must be assumed, based upon his word, that he is speaking for his neighbors. Chairman Greer inquired as to whether the fire station will be occupied and the purpose of the station? Staff Planner Avery responded the facility, to the best of his knowledge, will not be occupied and requested that the petitioner respond to the question. Mr. E. E. Worrell, Vice-President of the Ogden Volunteer Fire Department, reported the purpose of the fire station is to provide better protection for the entire area. All volunteer fire departments try to equip satellite stations with food and bedding in case of an emergency. The facility will be unmanned and will be used 24 hours a day only in the case of an emergency; however, if a fire occurs in the middle of the night, the facility will be used for the volunteer firemen to rest and prepare breakfast the next mornlng. Commissioner Sisson inquired as to whether the statistics presented are accurate in reflecting that locating the fire station on Futch Creek Road will provide more fire coverage to residents living on Sidbury Road because of being included in the 5 mile radius versus the proposed site on Porters Neck Road? Mr. Worrell reported the Futch Creek Road site would cover additional dwellings on Sidbury Road, but this site would reduce coverage on each end of Figure Eight Island by eight-tenths of a mile. Commissioner Sisson inquired as to whether the Ogden Volunteer Fire Department considered the possibility of an easement across the Futch Creek Road property? Mr. Worrell reported the Ogden Volunteer Fire Department investigated this piece of property, which is owned by a construction company, not the Champ Davis Foundation, and could not negotiate an easement agreement. Assistant County Manager, Dave Weaver, reported the long-term NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 459 DOT Plan for transportation improvements to this area calls for the closing of Futch Creek Road where it exits onto Market Street. The closing of this road would reduce the ability of providing fire serVlce to residents on Sidbury Road, if a fire station is located on this site. Commissioner Sisson reported the Board of County Commissioners would strongly oppose the closing of Futch Creek Road because this action would limit access to only one road for the entire area regardless of where the fire station is located. Assistant County Manager, Dave Weaver, reported the N. C. Department of Transportation will respond to any opposition for the closing of Futch Creek Road with their proposed plan to four lane the section of Porters Neck Road going from Market Street down to Futch Creek Road, which in their opinion, would provide adequate emergency access. Discussion was held on the pictures presented showing the storage of old fire trucks behind the Ogden Volunteer Fire Department. Chairman Greer recommended placing stringent conditions on the Special Use Permit that will avoid the storage of old equipment behind the satellite fire station. Commissioner Sisson inquired as to future plans for expanSlon of the fire station? Mr. Worrell reported the site and building have been designed to serve the area for the next 15-20 years. Commissioner Sisson inquired as to why the Ogden Volunteer Fire Department is so concerned about the curve on the Futch Creek Road site when there is a 90 degree curve on the road to Figure Eight Island? Mr. Worrell responded there is a difference. The Ogden Volunteer Fire Department did an emergency trial run with a fire truck on the Futch Creek Road site with it being impossible to make the turn without backing up. Commissioner Sisson inquired as to the number of calls ln this area? Mr. responds calls. Worrell to 300 reported the Ogden Volunteer calls per year, which includes Fire Department the mutual aid Commissioner Sisson inquired as to whether any restrictions could be placed on the Special Use Permit to diminish the concerns of the neighborhood, such as additional buffering? Mr. Rauseo reported the following items cannot be placed as conditions on a Special Use Permit: (1) the devaluation of property; and (2) future expansion of the fire station. Chairman Greer closed the Public Hearing. Commissioner Caster reported on an obvious conflict between the residents of Porters Neck and Figure Eight Island and stressed the importance of providing adequate fire protection to the entire area. Emphasis was placed on the fact that all homeowners pay the fire district tax and deserve the best fire protection possible. Commissioner Sisson reported the key issue is concern for devaluation of adjoining or abutting property. Further discussion was held on Parcel #6 and if this would be satisfactory. Assistant County Manager Weaver stated the site leaves a larger number of residents on Figure Eight Island outside the 5-mile service and Parcel #6 will require two additional 90 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 460 degree turns plus the hairpin curve. Commissioner Barone commented on property located near the Guard House near the entrance to Figure Eight Island and inquired as to whether this site has been studied? Mr. Worrell reported this was not a piece of property discussed during the site selection process, and the Ogden Volunteer Fire Department has investigated sites for the last 1-2 years to select the best site for the entire area. Commissioner Barone expressed concern for the devaluation of surrounding properties if the proposed site is used. Mr. Worrell reported an appraiser did survey the area and it was indicated that location of the fire station on this site would not have a negative impact on surrounding neighborhoods. Motion: After discussion of the volunteer firemen selecting the best site for the entire area, Vice-Chairman Mathews MOVED, SECONDED by Chairman Greer to grant a Special Use Permit for the location of a Fire Station at the intersection of Edgewater Club Road and Porters Neck Road with the evidence presented and findings satisfying the four general requirements. The conditions recommended by the Planning Board are to be part of the permit. The floor was opened for discussion. Commissioner conditions: Sisson recommended adding the following -The existing vegetation along the frontage of Porters Neck Road shall be retained and other landscaping shall be provided at a height that will provide additional visual opacity from the road. Also, on-site landscaping and buffering must comply with Section 67 of the Zoning Ordinance. -Security lighting shall be placed on the site so that it does not shine on adjoining properties. -The scope and area of building construction shall not exceed the area proposed in the approved site plan. -No residential activity, such as overnight lodging of firemen shall be permitted except during emergencies that may requlre overnight stays. -The building shall not be used as a polling place, for business meetings and fund raisers or similar uses. Vice-Chairman Mathews expressed concern for the last proposed condition and stated this is quite restrictive. Amended Motion: After further discussion, Vice-Chairman Mathews AMENDED THE MOTION TO INCLUDE the conditions presented by Commissioner Sisson as well as the conditions recommended by the Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Sisson expressed concern for pollution of the wells in the area and requested the Ogden Volunteer Fire Department to work out a method of delivering water to the tankers in a way that will not be detrimental to the groundwater supply. Commissioner Barone stated, for the record, she does support NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 461 the location of a fire station in this area, but she cannot vote on the proposed site when she is not convinced that sufficient effort was made to look at alternative sites. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 4. PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE EAST SIDE OF SOUTH COLLEGE ROAD, 1550 FEET NORTH OF PINER ROAD, FROM R- 15 TO B-2 (Z-469, 3/93) AND PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE THE EAST SIDE OF SOUTH COLLEGE ROAD SOUTHWEST OF GREENBRIAR SUBDIVISION TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-475, 4/93) Chairman Greer opened the Public Hearing. Staff Planner, Pete Avery, reported this is a continued item because of another case before the Planning Board that would impact the decision concerning the proposed B-2 Rezoning Request. For this reason, the Planning Board recommended that one Public Hearing be held for consideration of Items 13 and 14. The petitioners have agreed to this request. Consensus: It was the consensus of the Board to hear both items as one Public Hearing. The Planning Board recommended that the area south of Motts Creek running through the lower half of the property in Item #14 be rezoned to B-2 Business and the property north of the tributary to remain zoned R-15 Residential. If the Commissioners decide to rezone the property on the north side of the tributary to either B- 2 or 0-1 a 200 foot wide strip across the back of the subject parcels adjacent and parallel to Greenbriar should remain R-15. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. Jack Boland, representing the neighborhood, expressed concern for vector control, devaluation of property, and groundwater run-off from additional commercial development. The Commissioners were urged to deny the rezoning request. Commissioner Sisson inquired as to how the residents feel about the Planning Board's recommendation to allow Motts Creek to be the boundary between residential and commercial zoning? Mr. Boland responded the residents would prefer that all the property remaln residential. Ms. Janet Durham, a resident of Greenbriar Subdivision, expressed concern for the type of commercial development that could occur adjacent to the Myrtle Grove Branch Library and urged the Commissioners to deny the rezoning request. Mr. Arnold A. Baier, 825 pine Forest Road, expressed concern for drainage and septic tank problems that would be incurred with commercial development. Attorney Tom Morgan, representing the petitioners, Mr. W. P. Roudabush, Jr. and Mildred Hobbs, commented on the highest and best use of the property and stated this area is no longer suited for residential use. With existing commercial uses surrounding the property, it is only appropriate for these parcels of land to be zoned B-2 as requested. Mr. Jim Hobbs, owner of the property, reported on purchase of this property by his father in 1961 as an investment for his mother. His mother is now in need of collecting from this investment, and, in his opinion, the best use of the property is NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 462 for commercial development. The Commissioners were urged to approved the rezoning request. Mr. Dave Young, a resident of Greenbriar, urged the Commissioners to very carefully consider the impact of commercial zoning on the Greenbriar Subdivision. Also, he disagreed with the statement that the property cannot be used for residential use. Mr. Dennis Griffin, 833 pine Forest Road, commented on growth in this neighborhood as well as new developments with homes ranging from $125,000 to $200,000 and urged the Commissioners to deny the proposed commercial rezoning. Many times, buffer requirements are not adequate for protection from commercial uses. For example, his mother had to move out of her home when Walmart purchased land adjacent to her lot because of problems experienced with vandalism and safety. The Commissioners were urged to allow the property to remain R-15 Residential. Mr. Chris Brown, representing the property owner, reported many protective barriers can be used to separate a commercial use from a residential use. As to the property in question, the property does drain well into Motts Creek and, in his opinion, commercial use will not create a problem with drainage that will negatively impact septic tank systems. The Commissioners were requested to approve the commercial zoning. Mr. William Ruffle, a resident of Greenbriar Subdivision and a former law enforcement officer, reported on the type of people that hang out around commercial establishments and requested the Commissioners to consider the residents of the surrounding neighborhoods and deny the rezoning request. Ms. Joan Griffin, 833 pine Forest Road, expressed concern for drainage during a heavy rain and stated the entire area floods from the Amoco Station south. The Commissioners were requested to allow the property to remain R-15. Chairman Greer closed the Public Hearing. Commissioner Sisson commented on the highest and best use of land being determined as to the capability of land use and stated the commercial uses listed in the B-2 District are non-restrictive and can negatively impact on surrounding communities with crime, traffic, litter, etc. He recommended not considering B-2 Business zoning for this area since the uses are not compatible. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to rezone the area South of the Motts Creek to B-2 with property north of the creek remaining R-15 Residential. The floor was opened for discussion. Substitute Motion: Commissioner Caster MOVED to allow the entire property in question to remain R-15. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. Upon vote, the ORIGINAL MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Caster A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971" is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 34. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 463 BREAK Chairman Greer called a break from 10:59 P.M. until 11:06 P.M. PUBLIC HEARING TO CONSIDER REZONING 32,000 SQUARE FEET OF PROPERTY LOCATED ON THE SOUTHWEST CORNER OF NETHERLANDS DRIVE AND GORDON ROAD FROM R-15 TO I-1 (A-474, 4/93) Chairman Greer opened the Public Hearing. Staff Planner, Pete Avery, reported the Planning Board discussion focused on how many lots in the development had frontage on Gordon Road and what the setback ramifications would be if the property was rezoned. The applicant informed the Planning Board that the R-15 strip served no real purpose and its presence created marketing problems in the sale of the property. After discussion, the Planning Board voted unanimously to approve the rezoning request to include the 60 foot strip east of Netherlands Drive. Chairman Greer inquired as to whether anyone from the general public would like to speak in favor of or in opposition to the proposed rezoning request. The following remarks were received: Mr. Chris Stevens, representing the petitioner, Landmark, requested approval of the request in order to market the property. A citizen representing the John Dukes heirs, expressed concern for drainage on the lot when the proposed site is improved and requested denial of the proposed rezoning. Chairman Greer closed the Public Hearing. Commissioner Sisson inquired as to whether development of this land will negatively impact the John Dukes property and if Landmark lS aware of this drainage problem? Mr. Stevens reported Landmark has Department of Transportation requirements; be happy to review the plan and to see if address this concern. satisfied the State however, the firm will the plan has failed to Motion: After discussion of being sure the drainage problem is reviewed, Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the 1-1 Zoning, including the 60 foot strip on either side of Netherlands Drive, as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 7, 1972" is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 39. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO PERMIT TV AND RADIO BROADCASTING IN R-15 RESIDENTIAL BY SPECIAL USE PERMIT (A- 249, 4/93) Chairman Greer opened the Public Hearing. Staff Planner, Pete Avery, reported the Planning Board voted unanimously to recommend approval of the Text Amendment to permit TV and radio broadcasting by Special Use Permit in the R-15 Residential District Classification. The special use process gives the County flexibility and discretion to ensure the use will be compatible with its surroundings while controlling its location. Chairman Greer inquired as to whether anyone from the general public would like to speak in favor of or in opposition to the proposed Text Amendment. The following remarks were received: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 464 Mr. Jack Hunt, representing Grace Baptist Church of Wilmington Christian Academy, requested approval of the Text Amendment to allow broadcasting of educational programs. The antenna tower will be placed on the church site with a low wattage transmitter and will be 105 feet in height in order to comply to FAA regulations. The antenna is partially screened from view by an existing buffer of pine trees. Chairman Greer closed the Public Hearing. Commissioner Sisson expressed concern for adding another special use classification to a residential zone. He recommended establishing a separate category in designated zones throughout the County for uses of this type, instead of granting a special use permit. Commissioner Caster expressed concern for placement of a radio antenna with guide wires in a residential area. Mr. Hunt reported the antenna will be placed on the church complex, not in the middle of a residential community. A natural buffer of pine trees will block the view of the antenna. Discussion was held on this use being in the category of TV and radio broadcasting. Staff Planner Avery reported the current Zoning Ordinance provides for a radio and broadcasting category; therefore, the proposed use falls in this category. A separate category can be created if so desired by the Board. Further discussion was held on how to allow Mr. Hunt to place a tower large enough to accommodate a transmi t ter in order to receive a signal from Morehead City to rebroadcast educational programs. Motion: After further discussion, Commissioner Sisson MOVED, SECONDED by Chairman Greer to amend the Zoning Text Amendment to permi t antennas or towers, which are auxiliary to uses already permitted by right in the R-15 District to be established by Special Use Permit. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 4. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ERECT AN ANTENNA TOWER TO ACCOMMODATE A RADIO TRANSLATOR ADJACENT TO THE BUS GARAGE EAST OF EARL DIVE (S-348, 4/93) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, all persons wishing to comment must be sworn in by the Clerk to the Board. The following person was sworn In: Jack Hunt Staff Planner, Pete Avery, reported the Planning Board's main concern was if the tower height met Federal Aviation Administration standards and if the proposed frequency met Federal Communication Commission guidelines. After discussion, the Planning Board recommended approval feeling the use would not be inconsistent with the area. The following Staff findings were presented: General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 465 -The antenna will be located at the rear of the property adjacent to the school bus garage east of Earl Drive. -No water and sewer construction is required. -The construction meets specifications mandated by the Federal Aviation Administration. -No new construction is needed beyond erection of the antenna. General Requirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: -Radio and TV antenna and towers which are auxiliary to uses permitted by right in the R-15 District are allowed by Special Use Permit. The site is zoned R-15 and both the church and school are permitted by right in the R-15 District. General Requirement #3: The proposed use will not injure the value of adjoining property based upon the following findings: -The antenna is located adjacent to single-family uses but is partially screened from view by existing on-site vegetation. General Requirement #4: The proposed use will be in harmony with the area based upon the following findings: -The antenna will be located on a large tract of land developed with a church, a school, and related activities. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. Jack Hunt, the petitioner, requested issuance of the Special Use Permit in order to broadcast educational programs at Grace Baptist Christian Academy. Emphasis was placed on the fact that all conditions and requirements have been met to protect the surrounding neighborhood and meet FAA requirements. Chairman Greer asked Mr. Hunt if he concurred with the findings as presented? Mr. Hunt agreed with the findings as presented. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to grant the Special Use Permit as requested based upon the evidence presented and findings of fact 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 4. PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF OLD AVENUE Chairman Greer opened the Public Hearing. Staff Planner, Pete Avery, reported when preparing the road closure, it was reported that no adjoining land would be landlocked by this proposal. It has come to the attention of the Planning Department that Parcel A will be landlocked if an access arrangement cannot be worked out. The property owner, Mr. Steve C. Cahill, will not have access to his lot. After discussion with the Assistant County Attorney, Kemp Burpeau, the road closure can proceed contingent upon negotiating an access arrangement with Mr. Cahill across County park land in order to move forward with the grant proposal to obtain funds to develop Phase I of the Castle NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 466 Hayne Park. A pre-condition of the grant application is that Old Avenue, a public right-of-way across the park, be closed. There is no proviso that an easement by a private property owner will have an impact on the grant application. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed road closure. The following remarks were received: Mr. Steven C. Cahill, owner of Parcel A, commented on not intentionally delaying development of the Castle Hayne Park and stated he needs more time to negotiate an easement agreement; therefore, he would like to request that this item be continued. Assistant County Attorney, Kemp Burpeau, reported on discussing this matter with Mr. Cahill's attorney and recommended continuance of the hearing to work out an access arrangement before closing this portion of Old Avenue. Commissioner Barone inquired as to whether negotiations can be reached by the May 17 meeting? Mr. Cahill reported he is willing to work with Staff as soon as possible to resolve this matter. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to continue this item until the meeting of May 17, 1993, contingent upon Mr. Cahill and the Assistant County Attorney resolving this access problem. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer expressed concern for moving forward with a plan to develop Phase I of the Castle Hayne Park and at this date discovering there is a parcel of land landlocked. Emphasis was placed on staff thoroughly studying issues before contracting and spending funds to develop a project when all the details have not been resolved. AUTHORIZATION TO FILE WETLANDS GRANT APPLICATIONS - NEW HANOVER COUNTY LANDFILL Director of Environmental Management, Ray Church, requested authority to apply for the following grant applications for the development of a Constructed Wetlands at the Landfill to improve waste water treatment through the use of a natural process: (1) a CAMA grant in the amount of $43,650 for one year; and (2) a Sea Grant in the amount of $181,692 for three years with N. C. State University contributing an additional $9,939 for three years. The cost to New Hanover County will be $25,000 cash and $49,612 in-kind services (of which $32,112 is budgeted for salaries) for the first year. The second and third year costs will be $25,000 cash and $35,112 in-kind services for each of the next two years. The County's contribution of the matching grant has been included in the proposed FY 1993-94 budget, and if approved, the matching amounts should be included in budget years 1994-95 and 1995-96. Staff feels this is a unique opportunity to work with N. C. State University, UNC Sea Grant, UNC-W and the State Department of Environmental Health and Natural Resources, Coastal Management Division to investigate the potential use of wetlands as a waste water treatment process. The success of this project could provide New Hanover County with a low cost mechanism to treat waste water in future years and improve the quality of the waste water effluent. Chairman Greer commented on this being a good idea but expressed concern for New Hanover County having to pay for the study which involves travel, salaries, etc. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 467 Director Church reported this is a cooperative effort among the various agencies which will provide technical knowledge and studies that would have to be paid by the County in order to pursue this project. Several thousands of dollars will be save through the combined effort. The County will be contributing $25,000 per year with the hopes that donated engineering services will be received and installation of the liners at a reduced rate for Cell No. 4 and the Cell 3A closure. The salary is a portion of in-kind services; the travel has been requested through the grant application. General office supplies will be for copiers, telephone, and fax machines. Commissioner Barone inquired as to the total cash impact upon the County? Director Church responded the County will contribute $25,000 cash with $49,612 in-kind services. The ultimate goal is to develop a natural system that will avoid the use of expensive chemicals and save thousands of dollars in the future. Chairman Greer expressed concern for the amount of funds that will be required. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to authorize staff to apply for the grant applications to study the use of wetlands as a waste water treatment process. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Chairman Greer DENIAL OF PAYMENT TO STATE FOR FAST-TRACKING PERMIT FOR CONSTRUCTION OF LANDFILL CELL 4-A Director of Environmental Management, Ray Church, reported on receiving a memorandum from Steven Levitas, Deputy Secretary with the N. C. Department of Environment, Health, and Natural Resources concerning an effort by the State to fast-track 16 landfill permit applications. The State has concentrated its staff and resources to complete the review of 16 permit applications, including New Hanover County, for construction of Landfill Cell 4-A. Due to a delay in review of other applications, the State is now requesting counties who received preferential treatment to pay a fee to assist the State in hiring temporary employees to catch up on permits that were delayed because of this process. New Hanover County has been requested to pay $6,000 to assist the State. Although the County is under no legal obligation to pay the fee and the State has taken two years to send the County a draft permit, Staff feels the County should consider payment to show consideration for other counties whose permits have been delayed and to foster a cooperative spirit with the State. Chairman Greer expressed concern for repaying the State and expressed opposition to the funding request. Commissioner Sisson expressed concern for waiting two years to receive a draft landfill permit and recommended contacting the local legislative delegation to assist with processing of the final landfill permit. Concern was expressed for the State holding the County hostage if the funding request is not approved. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to deny the $6,000 funding request by the State for fast- tracking the County's landfill permit. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 468 Mathews to authorize the Chairman to write a letter to the local legislative delegation informing them of the Board's decision to deny the funding request and ask their assistance in being sure the County receives the final landfill permit and is not held hostage by the State for denial of the funding request. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to convene from Regular Session to hold a meeting of the New Hanover County Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 12:01 A.M. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Greer to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 12:37 A.M. ADDITIONAL ITEMS - COUNTY MANAGER Approval for Joint City/County Funding of a Feasibility Study for Adding a Septage and Grease Treatment Facility to the City of Wilmington's Southside Waste Water Treatment Plant County Manager O'Neal reported a feasibility study for construction of a septage and grease disposal facility adjunct to the Southside Waste Water Treatment Plant will cost $11,500. This item was discussed at a joint meeting with the City of Wilmington and staff recommends approval of funding half of the study in the amount of $5,750. Motion: Chairman Greer MOVED, SECONDED by Commissioner Sisson to approve funding in the amount of $5,750 for performance of a study by the City's Engineer, McKim and Creed, to determine if a grease and septage treatment plant can be constructed adjacent to the Southside Waste Water Treatment Plant. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of Property Revaluation in 1994 County Manager 0' Neal reported on discussion with the Tax Administrator as to whether a property revaluation can be performed in 1994. The Tax Administrator recommended postponing the revaluation until 1995 at which time 4-year cycles can be established. Consensus: It was the consensus of the Board to discuss this item at the regular meeting of May 17, 1993. EXECUTIVE SESSION Chairman Greer announced the County Attorney has requested an Executive Session to discuss pending litigation. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to convene from Regular Session to Executive Session for discussion of pending litigation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 12:40 A.M. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 12:49 A.M. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 BOOK 23 PAGE 469 ADJOURNMENT Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 12:50 A.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board . . . ~ MINUTES OF REGULAR MEETING, MAY 3, 1993 PAGE 469 ADJOURNMENT Motion: Commissioner Caster MOVED, SECONDED by Co.mmissioner Sisson to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 12:50 A.M. Respectfully submitted, ~;::~ Clerk to the Board ..oiIIIl