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