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1999-06-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 284 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 7, 1999, at 6:30 p.m. in the New Hanover County Judicial Building, Courtroom 317, 116 Princess Street, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Deputy County Manager, Andrew J. Atkinson, gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time has been reserved to allow anyone from the public to present an item that was not listed on the Regular Agenda or comment on an item that was listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Mr. James Brock, President of the Myrtle Grove Community Center, informed the Board that this center had recently been renamed the “Sea Breeze Community Center.” He reported on plans to develop a ballfield and center where community activities can be held to assist with improving the environment of Sea Breeze, and stated that once plans are completed, he will be requesting the County to assist with the project. Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Brock for appearing before the Board to present a report on the newly named Sea Breeze Community Center. Chairman Caster announced that the following items have been removed from the Regular Agenda: Item 5:A Public Hearing on the Mason’s Inlet Relocation Project. Item 7.5Zoning & Subdivision Text Amendment to approve amendments requiring the delineation of federal jurisdictional wetlands on all preliminary subdivision site plans. APPROVAL OF CONSENT AGENDA Chairman Caster requested the Board to consider adopting Consent Agenda Item 7 with a change in Section 2 of the revisions to the Library Advisory Board By-laws. This section should be reworded to comply with the New Hanover County Policy and Procedures for Appointments to County Boards, Commissions, Committees or Authorities. Under this policy, the presiding officer of an advisory board must report to the Chairman of the New Hanover County Board of Commissioners when a member incurs three unexcused absences. The Chairman will then determine what constitutes the resignation of a member serving on a board. Chairman Caster noted that all other boards, committees, commissions and authorities appointed by the Board of County Commissioners follow this policy. He requested direction from the Board. Vice-Chairman Greer agreed with the comments made by Chairman Caster and he recommended approval of Consent Agenda Item 7 with an amendment to Section 2 as presented by Chairman Caster. County Manager O’Neal requested the Board to approve Consent Agenda Item 4 with approval of the associated budget amendment that was not included in the agenda packet. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 285 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve Consent Agenda Item 4 with inclusion of Budget Amendment #99-0179, approve Consent Agenda Item 7 with the proposed change in Section 2 of the Library Advisory Board by-laws as outlined in the New Hanover County Policy and Procedures for Appointments to Boards, and approve the remaining items on the Consent Agenda as submitted. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meetings of May 3, 1999, and May 17, 1999 as presented. Approval of Juvenile Crime Prevention Council Funding Recommendations The Commissioners approved the following funding recommendations in the amount of $418,800 as presented by the Juvenile Crime Prevention Council for expenditure of the 1999-2000 Office of Juvenile Justice funds received from the State. These funds replace the Community Based Alternatives monies and do not require a County match. The Budget Director is to include this funding in the New Hanover County 1999-2000 Budget. Juvenile Psychological Services$ 85,894 Juvenile Restitution$105,000 Teen Court -0- Pathways Program$127,906 Intensive Family Based Intervention$100,000 Adolescent Substance Abuse-Outpatient -0- Adolescent Intervention & Treatment -0- Project lst Stop -0- Methodist Home -0- Brigade Boys & Girls Club -0- Authorization to File a Grant with the Governor’s Crime Commission to fund the “Safe Start Demonstration Project” The Commissioners authorized New Hanover Regional Medical Center Communities that Care in conjunction with New Hanover County to submit a grant to the Governor’s Crime Commission for the Safe Start Demonstration Project Phase I, in the amount of $250,000. If the grant is awarded, the County Manager is authorized to accept the grant and approve the related budget amendment. The funding will be used to develop a comprehensive and coordinated community system that will improve access, delivery, and quality of services for young children at a high risk of exposure to violence. Acceptance of Disaster Grant Funds from the Division of Aging and Title IV Administration on Aging as a Result of Hurricane Bonnie in August 1998 The Commissioners accepted a disaster grant and approved Budget Amendment #99-0179 in the amount of $2,920 from the Division of Aging to assist elderly persons with home repair expenses incurred from Hurricane Bonnie in August 1998. No local match is required. The County Manager was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Budget Amendment #99-0179 - Department of Aging/Senior Center DebitCredit Senior Center: Aging Title IV Disaster Relief $2,920 Contracted Services$2,920 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 286 Explanation: To budget grant funds from the N. C. Division of Aging and Title IV Administration on Aging. Approval of Additional Reimbursement for Emergency Dune Restoration to the Town of Carolina Beach The Commissioners approved additional funding in the amount of $900 to the Town of Carolina Beach for emergency beach restoration work after Hurricane Bonnie. At the May 17, 1999 meeting, the figure of $72,000 was presented by staff instead of $72,900. The Board feels the Town of Carolina Beach should be reimbursed the entire amount due to an error in the agenda. Adoption of Resolution to Add Roads in Turtle Hall Harbour Subdivision to the State Highway Maintenance System The Commissioners adopted a resolution to request the N. C. Department of Transportation to add the following roads in the Turtle Hall Harbour Subdivision to the State Highway System: Turtle Hall Drive Terrapin Court Tortoise Lane (Division File No. 930-N) A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 13. Approval of Revisions in the New Hanover County Public Library Advisory Board By-Laws The Commissioners approved revisions in the New Hanover County Public Library Advisory Board By-laws with an amendment to Section 2 which requires the presiding officer of the advisory board to report to the Chairman of the Board of County Commissioners when a member incurs three unexcused absences so the Chairman can determine what constitutes a resignation. This policy is outlined in the New Hanover County Policy and Procedures for Appointments to County Boards, Commissions, Committees, or Authorities. A copy of the revised by-laws is on file in the Clerk’s office. Approval of Budget Amendment #99-41 to Increase Construction Budget of the Northeast Branch Library Capital Project The Commissioners approved the following budget amendment: #99-41 - Northeast Branch Library Capital Project DebitCredit Installment Loan Proceeds (COPS) $500,000 Capital Project Expense $500,000 Explanation: To increase the construction budget to $1.4 million as approved by the Board of County Commissioners on March 22, 1999. Approval of Budget Amendment #99-42 Federal Forfeited Property Capital Project The Commissioners approved the following budget amendment: Budget Amendment #99-42 Federal Forfeited Property Capital Project DebitCredit Federal Forfeited Property Funds $36,999 Capital Project Expense $36,999 Explanation: To increase the budget for additional revenue received on May 13, 1999. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 287 as the Sheriff deems necessary. Approval of Budget Amendment #99-0163 - Department of Aging The Commissioners approved the following budget amendment: #99-0163 - Aging/Senior Center DebitCredit Other $2,000 Postage $1,000 Newsletter $1,000 Explanation: To budget donations for offsetting the cost of producing and mailing the Senior Center’s monthly newsletter. Approval of Budget Amendment #99-0181 - Social Services/Child Day Care The Commissioners approved the following budget amendment: #99-0181 - Social Services/Child Day Care DebitCredit Smart Start Child Day Care $266,677 Child Day Care $266,677 Explanation: To budget additional Smart Start revenue received for Child Day Care. No additional County funds are required. PRESENTATION OF THE JOHN M. DOLAN VOLUNTEER FIREFIGHTER OF THE YEAR AWARD On behalf of the Board of County Commissioners, Commissioner Howell presented the John M. Dolan Volunteer Firefighter of the Year Award to Mr. Marion Covil. He reported that Mr. Covil joined the Ogden Volunteer Fire Department when he was 16 years of age. He has given 33 years of service to his community of which 25 years have been spent as Fire Chief of the OgdenVolunteer Department. Commissioner Howell expressed appreciation to Mr. Covil for his dedicated years of fire service, and he congratulated him on being selected to receive the award. He presented a plaque and special jacket worn by recipients of the award. A round of applause was given to Mr. Covil. Chairman Caster expressed appreciation to Ms. Dolan and the members of the family for attending this special event every year. He also expressed appreciation to all volunteer firemen for giving of their time to provide an outstanding fire service in New Hanover County. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Chairman Caster, on behalf of the Board, presented the Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year ended June 30, 1998. This certificate is presented by the Government Finance Officers Association of the United States and Canada to government units whose comprehensive annual financial report has achieved the highest standards in government accounting and financial reporting. The New Hanover County Finance Department has received this award for 18 consecutive years. A round of applause was given to the Finance Director and Staff for receiving this special recognition. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 288 ADOPTION OF RESOLUTION RECOGNIZING THE 120TH ANNIVERSARY OF THE NORTH CAROLINA STATE BOARD OF HEALTH Chairman Caster read a resolution recognizing the 120th Anniversary of the North Carolina State Board of Health. He requested the Board of County Commissioners to adopt the resolution. Motion: Vice-Chairman Greer, MOVED, SECONDED by Commissioner Davis to adopt the resolution recognizing the 120th Anniversary of the North Carolina Board of Health and to encourage County citizens to use the services offered by the New Hanover County Health Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster presented the resolution to Mr. William T. Steuer, Chairman of the Board of Health, and he expressed appreciation to the members of the Board of Health and the Health Department Staff for the excellent quality of health services provided to the citizens of New Hanover County. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 13. REVIEW OF RECOMMENDED FUNDING FOR SEVERAL COUNTY DEPARTMENTS AND OTHER ORGANIZATIONS Chairman Caster requested all departments and organizations presenting funding requests to limit their presentation to two minutes. He advised the Board would listen to the requests with a final decision being rendered at a Budget Work Session scheduled for Tuesday, June 8, 1998, at 5:00 p.m. The following funding requests were presented: New Hanover County Schools: Ms. Nancy Wiggley, Chairman of the Finance Committee, introduced the members of the Finance Committee, Ms. Debbie Keck, and Mr. Steve Bilzi. She reported that a tremendous amount of work had been done in preparation of the school budget. After reviewing the school needs, the Finance Committee decided not to prioritize items because only the major issues have been funded by the Board of County Commissioners in the past. The Finance Committee felt the Board of County Commissioners and citizens should know the actual needs of the schools. It is difficult to decide how funding should be divided among the following needs: (1) more teachers for instruction; (2) health and safety environment needs; (3) teacher and staff supplements; (4) a computer technician; (5) the program for exceptional students; (6) Y2K compliance; (7) ADA requirements; and (8) capital outlay. The salaries and benefits are state mandated. If the New Hanover County School System does not remain competitive in paying teachers and principals, it will be difficult to hire qualified personnel. The residents of New Hanover County have passed two bond issues, and it is felt that New Hanover County should provide the necessary funding to operate quality schools. Ms. Mary Hazel Small, Finance Director for New Hanover County Schools, reported that each County Commissioner received a copy of the proposed FY 1999-2000 Budget for New Hanover County Schools at an earlier work session. The draft budget includes all proposed additions as well as comparisons to the current local budget and prior year expenditures. The draft budget also reflects state and federal programs that are proposed for the following year. Ms. Small reported that a great deal of time was spent by the Finance Committee in changing formulas for allocation of personnel and supplies to schools based on the projected enrollment at each school. The revised formulas were designed to improve the equity of funding to each school. The budget process required each school to present a budget based on individual needs. These needs were then summarized and presented to the Finance Committee for review and ultimately to the Board of Education for approval. The following budget request was presented: ? Current Expenses: A total budget request of $45,950,114 representing an increase of $11,289,113. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 289 ? Capital Outlay: A total request of $14,971,440 representing an increase of $12,182,864. While the County has been supportive of capital outlay needs with approval of two bond issues in the last five years, there are many school facilities with significant needs that will be summarized later in the year when the 10-year School Plan is updated. The most critical needs relating to environmental and safety issues are included in the budget request. ? Debt Service: The County Manager has proposed $7,478,259 for school system debt service related to the bonds. ? Pension Contribution: The County Manager has proposed $559,000 for the pension contribution. ? Final Reimbursement for Purchase of the Carolina Beach Road Complex: The County Manager has proposed $200,000 for the reimbursement of the Carolina Beach Road Complex. ? Sources of Revenue: The total projected revenue is $132,000,000 which includes the County Allocation of $46,000,000. This amount represents a 12% overall increase in funding over FY 1998-1999. The sources of revenue are as follows: State Funding58% Federal Funding 4% County Funding35% Other 3% ? Per Pupil Expenditure: The per pupil expenditure is calculated by dividing the total current expense budget by the projected number of pupils. The 1999-2000 budget includes a per pupil expenditure of $6,113 as compared to $5,458 per pupil in the current year. ? Expenditures by Function: The calculation shows that 69% of the budget relates to instructional activities dealing directly with the teaching of pupils or the interaction between teachers and pupils. Supporting services relating to administrative, technical, and logistical support to enhance the instruction in the classroom represents 31% of the budget. The support budget includes 3% for maintenance, 4% for transportation, 3% for utilities and custodial supplies, 4% for principal and assistant principal salaries and supplies, and 6% for non-instructional personnel such as custodians and clerical positions. ? Major Issues for 1999-2000: The major issues are as follows: maintenance, technology, instructional programs, capital outlay, and salary/supplements, and benefits increases. Dr. John Morris, Superintendent of Schools, requested all persons in support of the proposed school budget to stand. He commented on the large number of people present and stated that a significant number of people have taken time to attend the meeting to show their support for full funding of the budget as submitted. Dr. Morris advised that North Carolina law requires the New Hanover County Board of Education to provide a sound basic education for all children; however, a basic education is equivalent to a grade C and does not offer advanced placement courses which allow students to compete nationwide. Currently, there are 2,111 students who have signed up for band with only 10 band instructors. The State controls the number of teachers and positions allocated to each School System with the schools being responsible for the distribution and use of those instructors. The Hoggard High School Athletic Complex has been a major issue in the community; however, less than 1% of the school budget is appropriated to athletics. This year the New Hanover County School System received $5,000,000 in athletic scholarships which is an excellent return on a small investment. Dr. Morris requested the County Commissioners to think about the School System as a $132,000,000 business located on a 600 acre site with 3,000,000 square feet of roofing and only five NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 290 full-time employees to cut the grass. Inside the 600 acre plant there are approximately 3,000 plumbing fixtures, 950 toilets, 810 sinks, 350 urinals, 29 boilers, 55 water coolers, and 400 water heaters with pipes over 26 years old. The pipes are failing and there are only five full-time plumbers. There are 300 hundred students in New Hanover County that speak 33 different languages with a handful of teachers to address this problem. There 2,400 students in Hoggard High School with only 24 counselors. It is impossible for one counselor to work with 600 students. When the Columbine incident occurred, the first question asked by parents was where were the counselors. In closing, Dr. Morris stated with the shortage of positions, the Board of Education has not requested additional positions or prioritized needs because every item requested is needed. With the current salary schedule for positions, it has become difficult to attract and hire qualified teachers and principals. In order to provide the quality of education expected by parents for students in New Hanover County, the entire funding request is needed. Chairman Caster expressed appreciation to Dr. Morris and the members of the Board of Education for their passionate budget presentation. Department of Social Services: Mr. Derrick R. Anderson, Chairman of the Board of Social Services, reported that he was proud of the budget request presented by the Department of Social Services which increased by only one-half of one percent. The Board of Social Services voted unanimously to approve the budget as presented. In closing, Mr. Anderson expressed appreciation to the Board of County Commissioners for appointing him to serve six years on the Board of Social Services. He said the Social Services staff performs an excellent job, and he feels New Hanover County has an excellent department. Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Anderson for his years of service on the Board of Social Services. Social Services Director, Wayne Morris, reported that after working on the budget for 20 years, this was the smallest budget request presented by the department. He complimented staff for performing an excellent job. Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Morris and his staff for presenting such a reasonable budget. Health Department: Mr. William T. Steuer requested the Board of County Commissioners to reinstate the following items into the FY 1999-2000 for the New Hanover County Health Department: ? Environmental Epidemiologist: This position is needed to apply disciplines of epidemiology and bio-statistics as diagnostic tools to evaluate the public health. This position will enable the Health Department to conduct epidemiological studies, field surveys and individual case investigations to determine the routes and magnitude of human exposure to environmental pollutants, toxic substances and infectious diseases. The annual salary is $51,862 which can be totally funded by using the salary/fringe of $23,730 from the deleted General Services Worker position and increased revenue of $39,000 from fees. ? Jail Health-Medical Office Assistant: Due to the tremendous amount of clerical work in the Jail Medical Program, a part time position was authorized for this position in February through June 30, 1999. Without continuation of this position, the salaried staff will be working weekends without additional compensation to assist with clerical duties. With no expectation for a decrease in the jail population, the part-time Medical Office Assistant at a salary of $14,993 is needed. In closing, Mr. Steuer requested the Board to include the two requested positions in the FY 1999- 2000 budget. He expressed appreciation to the Board for support of the Health Department in the past. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 291 Southeastern Center: Area Director Art Costantini presented a brief report on the audit problems being experienced at the Southeastern Center and stated that no response has been received from the auditors; however, the financial difficulties will not involve New Hanover County. Once a response is received, the Board of County Commissioners will be informed of the results. Dr. Costantini reported the Southeastern Center is requesting funding in the amount of $231,000 from New Hanover County to establish an assertive treatment team. Mental Health Centers across the nation are finding out that 5% of their clients create 95% of the difficulties or the needs for services. This statistic reflects that persons who need intensive service do not function well in the current system. The Southeastern Center is attempting to model a program after other Centers through the country, called PACT, which stands for establishment of an aggressive community treatment team. The Alliance for the Mentally Ill is very interested in this type of program, and Mr. Victor Smith is present to comment about the need for this service in our area. Mr. Victor Smith, President of The Alliance for the Mentally Ill, explained that an aggressive community treatment team is a group comprised of qualified professionals who actually go into neighborhoods and provide services to mentally ill patients instead of forcing them to go to Mental Health Centers. He informed the Board about his 23-year old son who has been diagnosed as a schizophrenic with a bi-polar disorder. He commented on the number of hospitalizations, emergency room visits and trips made by the Sheriff’s Department to transport his son to Cherry Hospital to protect him from self-mutilation. Mr. Smith said if an aggressive community treatment team had been in place, the hospitalizations would not have been required and his son could have remained at home. In closing, Mr. Smith said that Mental illness is a treatable disease and people affected can become responsible members of society. He expressed appreciation to the Board for including funding in the Southeastern budget to establish an aggressive community team in the area. Dr. Sylvia Polgar, a member of the Southeastern Center Board and the parent of a son with schizophrenia, explained to the Commissioners what the services provided by an aggressive community team had meant to her 35-year old son who lives in Boston, Massachusetts. After numerous hospitalizations and arrests, he was assigned a team worker who helped him to get into a group home where he is living and taking his medication. He has gone from a homeless person to being able to perform in a part-time job, and he is now considering going to graduate school. In closing, Dr. Polgar said without assistance from the aggressive community team in Boston, her son would not have survived. She expressed appreciation to the Board for including funding in the Southeastern Center budget for this service to be provided to the area. Ms. Marjorie Fields, a mother and the primary care giver of her son Kelvin, a 41 year old victim of schizophrenia, reported after numerous hospitalizations over the years, it was heart breaking to watch an intelligent bright young man go from hospital to hospital without proper treatment and become a revolving door client at the Mental Health Center. For patients like her son and many other schizophrenics, one monthly visit to the Mental Health Center is not sufficient. Aggressive treatment is needed. In closing, Ms. Fields said as member of the Human Rights Committee at Cherry Hospital, the re- admission figures there continue to increase. Hospitalization is expensive and after discharge, many of the patients are arrested and placed in jail. It is unfair for law enforcement to become the treatment centers for mentally ill patients. As of this date, her son is in a home in the western part of the state and he has been involved with an aggressive community team and is improving on a daily basis. Hopefully, he will be able to come home one day. She expressed appreciation to the Board for funding the aggressive community team concept. Chairman Caster expressed appreciation for the presentations. Sheriff’s Department: Sheriff Joe McQueen requested the Board to consider funding for the following items: (1) the Domestic Violence Task Force; (2) the Gang Task Force; (3) approval of the Health Medical Office Assistant for the Jail; (4) a 5% merit increase for deputies and employees at NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 292 the Sheriff’s Department; and (5) development of a policy to pay a percentage of accumulated sick leave when leaving employment. Sheriff McQueen commented on the success of the Domestic Violence Task Force and reported that 760 arrests had been made by the group. This effort has reduced a significant amount of work for the Detectives in the Sheriff’s Department. The Gang Task Force has been successful in reducing and controlling gangs coming into the area. Without the requested funding these groups will not continue to operate. In closing, Sheriff McQueen stressed the importance of providing a 5% merit increase to eligible law enforcement offices and employees in the Sheriff’s Department. He also expressed concern for the law enforcement officers being behind in contributions to the 401(K) accounts. The City of Wilmington will be contributing 9 1/2% to the 401(k) plan, which is 4 1/2% more than the amount being contributed by the County for law enforcement officers. He urged the Board to consider these increases in salary in order to remain competitive in hiring and keeping law enforcement officers. He also commented on the fact that the City of Wilmington has a policy to pay a percentage of sick leave when an employee retires, and he requested the Board to consider establishing a similar policy. Chairman Caster expressed appreciation to Sheriff McQueen for the presentation. Cape Fear Community College: Dr. Eric McKeithan, President of Cape Fear Community College (CFCC), expressed appreciation to the Board for the proposed 13% increase in the budget for CFCC. He reported during the past year a college record was broken in the number of job training classes offered and the enrollment reached in excess of 4,600 students. More than 400 students received adult high school diplomas, the summer enrollment is up 23%, and pre-registrations for the fall semester are 23% above this time last year. During the past year, three new buildings have been completed which has increased the square footage more than 40%. With the opening of the new building, it was anticipated that a 25% increase in the budget would be requested; however, through the efforts of maintenance personnel and the administrative office, costs were held down and a 13% budget increase was submitted to the County. In closing, Dr. McKeithan reported a dental hygiene program will be offered next year, and a landscape gardening program will be offered in the fall if the State Board of Community Colleges acts on this issue. He reported the College was satisfied with the proposed 13% funding in the FY 1999-2000. Chairman Caster expressed appreciation to Dr. McKeithan for the presentation. Dispute Settlement Center of Cape Fear: Ms. Kirsten Bailey Atkinson, representing the Dispute Settlement Center, expressed appreciation to the Board for the recommended funding to the Center. She informed the Board that additional funds were received from the Z. Smith Reynolds Foundation for the Teen Court. Chairman Caster expressed appreciation to Ms. Atkinson for the presentation. Arts Council of the Lower Cape Fear: Mr. Don Fishero, Director of the Arts Council, reported the demand for services has increased because of the growth over the past eight years. He requested the Board to approve the additional funding of $2,580 to the Arts Council for FY 1999-2000. Chairman Caster expressed appreciation to Mr. Fishero for the presentation. Friends of Public Radio -WHQR: Mr. Bill Wilcox, President of the Board of WHQR, reported the radio station was founded 15 years ago with a broadcast of a diverse format composed of classical music, in-depth news, special features from National Public Radio Service, and locally produced and hosted programs. The WHQR signal is the only Public Radio signal available to residents of New Hanover County. It is felt that WHQR provides a significant contribution to the quality of life in the New Hanover County and to its estimated 20,000 listeners. The availability of Public Radio has been an attraction for many businesses and residents who have moved to New Hanover County. This NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 293 station also plays a role in increasing the tax base for the County. Without financial support from the local governments, it will be difficult for WHQR to apply for grant funding. In closing, Mr. Wilcox requested the Board to consider restoring the $6,000 funding request in the FY 1999-2000 New Hanover County Budget. Chairman Caster expressed appreciation to Mr. Wilcox for the presentation. St. John’s Museum of Art: Mr. Franklin L. Block, Capital Campaign Chairman for the St. John’s Museum of Art, reported the Museum was in the process of raising funds to construct a new building. During the campaign process, one member has donated $4,000,000 in cash and a donation of land worth $2,000,000 has been received as the site for a new building. The St. John’s Board of Directors has responded by pledging over $300,000 and $800,000 has been pledged by friends of the Museum. A total of approximately $4,000,000 must be raised. In order for the Museum to approach the State for funding and apply for federal and state grants, the support of local government is a vital part of the approval process. In closing, Mr. Block requested the Board to consider a one-time capital contribution of $150,000 to the capital building project to reflect County support of the project. Chairman Caster expressed appreciation to Mr. Block for the presentation. Downtown Area Revitalization Effort (DARE): Mr. Bob Murphrey, Executive Director of DARE, expressed appreciation to the Board for past and continued support of DARE. The downtown growth has been tremendous during the past year, and it has significantly increased the tax base for the City and County. In closing, Mr. Murphrey advised that DARE would continue to recruit business for the downtown area, and he again expressed appreciation for the funding recommended. Chairman Caster expressed appreciation to Mr. Murphrey for the presentation. Community Living of Wilmington (CLW): Mr. Bobby Martin, a member of the Community Living of Wilmington Board of Directors, expressed appreciation to the Board for allowing the organization to apply for funding to serve people with severe disabilities. CLW currently provides service to 20 clients with administration of a caring program. Funding is received from contracts with the Southeastern Center, the Thomas S. Grant, and Medicaid. With a reduction in the Thomas S. Grant, additional funding is needed to fulfill the mission. In closing, Mr. Martin requested the Board to fund the CLW in the amount of $27,720. Chairman Caster expressed appreciation to Mr. Martin for the presentation. Child Advocacy Commission of the Lower Cape Fear: Mr. Clancy Thompson, representing the Child Advocacy Commission, expressed appreciation to the Board for continued support of the organization. Over the years, this organization has reached out into the community with information relating to public policy and public action. The Child Advocacy Commission believes that an ounce of prevention is worth a pound of cure. The Commission tries to educate people about child neglect before problems occur within a family. The Child Care Resource and Referral Program is in place to educate parents, and the Commission is now working with juveniles to reduce the amount of juvenile delinquency. In closing, Mr. Thompson requested the Board to approve the full funding request in the amount of $22,00 instead of the $15,000 as recommended in the County Manager’s recommended budget. Chairman Caster expressed appreciation to Mr. Thompson for the presentation. Friends of Felines: Ms. Deesi Norton, representing Friends of Felines, requested the Board to include funding in the amount of $3,600 in the FY 1999-2000 New Hanover County Budget. She NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 294 reported the purpose of the program was to work with feral cats through a spay/trap/neuter/ return program. With the rabies epidemic in New Hanover County, the Friends of Felines are requesting funding to purchase medical supplies to allow local veterinarians to donate their services to give vaccinations to feral cats. More than 3,337 animals were killed at $90 per animal totaling over $300,000. The killing must stop. She requested the Board to approve the funding request to reduce the number of animals killed and at the same time save a significant amount of money for New Hanover County. Girls Incorporated of Wilmington: Ms. Doris Joseph, representing Girls, Inc., expressed appreciation to the Board for past and continued support of the organizations. She informed the Board that the Preventative Adolescent Pregnancy Program had been in operation since 1994 with service provided to 400 girls. Only eight pregnancies have been reported to date. The program is administered to girls beginning at the age of 8 to create an awareness of the need to avoid an unwanted pregnancy. In closing, Ms. Joseph commented on the success of the program and informed the Board that the organization was pleased with the $10,000 funding recommended in the FY 1999-2000 New Hanover County Budget. Elderhaus: Ms. Linda Pearce expressed appreciation to the Board for past and continued support of Elderhaus. The following profile was presented on savings to the County through the Elderhaus Program. New Hanover County’s Share of Medicaid Dollars Spent for Long-term Care from July 1998 - February 1999 Nursing Home Care (ICF Level) $3,318,000County Share = $184,000 Special Assistance Fund $1,303,000County Share = $651,600 Rest Home $ 699,000County Share = $112,000 Total County Medicaid Costs $ 947,500 From July - February Ms. Pearce reported that Elderhaus currently serves 45 persons using Adult Day Care, Adult Day Health or group Respite five days a week. Family members support the clients when they are not at Elderhaus. May of the clients remain in their own homes and contribute to the tax base. The family fees are $35 for Adult Day Care, $40 for Adult Day Health and the Group Respite program’s daily fee has not been determined. This has been a pilot program supported by the State for two years. In closing, Ms. Pearce reported that Elderhaus saves the county a phenomenal amount of money by providing ICF level care at a much lower cost. She requested the Board to providing the full funding request of $124,800 instead of the $89,000 recommended in the proposed budget. Weekend Meals on Wheels Council: Ms. Alice H. Hardee, an advocate speaker for Weekend Meals on Wheels Council, reported that many citizens are not aware of the fact that home bound people do not receive a Saturday and Sunday meal. There are 250 meals delivered on weekends to approximately 125 people. There are 13,000 meals delivered annually with 50 volunteer drivers and 25 substitute drivers. Nineteen area churches prepare and deliver meals. The Elks Lodge prepares and delivers 250 meals one Sunday a month. St. Mary’s School and the Rainbow Girls prepare and deliver 15-20 meals once a month. There is a shortage of meals which have to be purchased and delivered at a cost of $2.10 to $2.43 per meal. Containers have to be purchased and provided to groups that prepare the food. The Weekend Meals On Wheels program spends approximately $220 monthly on containers. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 295 In closing, Ms. Hardee said the primary goal of the Weekend Meals on Wheels Council is to add all persons on the weekday program who need weekend assistance to theWeekend Meals On Wheels program and to assist the daily home delivered meals program when needed. With the cost of containers and supplies increasing, the Board is being requested to increase the $11,000 funding recommendation to $15,000 so these homebound people can be fed on weekends. Chairman Caster expressed appreciation to Ms. Hardee for the presentation. Family Services: Ms. Bette Saffran, representing Family Services, expressed appreciation to the Board for past and continued support of the program. The Big Buddy program provides a mentor for a child and the new Nesbitt Court After School Enrichment Program has been quite successful. In closing, Mr. Saffran said that Family Services was pleased with the recommended funding in the FY 1999-2000 Budget. Coastal Horizons /Crisis Line/Open House: Ms. Margaret Weller-Stargell, President/CEO of Coastal Horizons Center, Inc., expressed appreciation to the Board for the continued support of Coastal Horizons by New Hanover County. She informed the Board that Coastal Horizons was satisfied with the recommendations of the Human Services Allocation Advisory Committee for the Rape Crisis Center and the Crisis Line Open House. Ms. Weller-Stargell requested the Board to consider the full request for Coastal Horizons in the amount of $92,000 instead of the recommended $75,000. For the past three years, Coastal Horizons has received $92,000 and the organization needs the same level of funding to continue the current programs. Chairman Caster expressed appreciation to Ms. Weller-Stargell for the presentation. Domestic Violence Shelter & Services: Ms. Renee’ McGill-Cox, Shelter Manager, expressed appreciation to the Board for continuing to recognize the need to provide safe shelter and support services for victims of domestic violence. Over 558 residents have been assisted by the agency. Counseling, court advocacy, material assistance, support groups and programs for children have been provided to these clients. In closing, Ms. McGill-Cox stated on behalf of the thousands of abused women and children who have been assisted by the Domestic Violence Shelter she would like thank the Board of County Commissioners for past and continued support of this agency. Chairman Caster expressed appreciation to Ms. McGill-Cox for the presentation. Cape Fear Literacy Council: Mr. E. T. Townsend, a member of the Cape Fear Literacy Council since it was founded, reported the task of teaching people to read provides a second chance for many adults to become productive citizens. Through the years, the efforts provided by the Cape Fear Literacy Council have removed hundreds of people from the welfare rolls. Last year the Council provided individual tutors to over 360 clients. This required the work of 316 volunteers who gave 43,000 free hours to provide the tutoring. In addition, over 1,100 clients were seen by the Literacy Council. Mr. Townsend advised that approximately 45% of adults living in New Hanover County have low literacy skills with 20% of adults not being able to fill out a job application. The Cape Fear Literacy Council is the only agency teaching people to read. Over 83% of the clients come from New Hanover County. Basic reading and math skills as well as some computer skills are taught by the Literacy Council. The operational costs of the Literacy Council project for the next fiscal year are projected to be $180,500. Grants are received from New Hanover Regional Medical Center, International Paper Company, United Way, and federal funding from the Adult Basic Education Program and funding from New Hanover County. In closing, Mr. Townsend stated the Literacy Council raises over 56% of its revenues through yard sales and other fund raisers. The Literacy Council feels that New Hanover County can afford to pay NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 296 one dollar for the 29,000 individuals that need help. Mr. Townsend requested the Board to approve the full funding request of $30,000 instead of the $20,000 recommended in the proposed New Hanover County budget. Chairman Caster expressed appreciation to Mr. Townsend for the presentation. Wilmington Railroad Museum: Mr. Frank Funk, representing the Wilmington Railroad Museum, expressed appreciation to the Board for past and continued support of the Museum. He advised that the recommended funding for the Railroad Museum is satisfactory and the funds will be used to market the Museum. The number of visitors is increasing because they are interested in learning about the heritage of the railroad in New Hanover County. Chairman Caster expressed appreciation to Mr. Funk for the presentation. Wilmington Boys Choir: Ms. Sandra Errante, Director of the Wilmington Boys Choir, requested the Board to reconsider the $2,500 funding request for the Boys Choir. She advised that the boys work hard to perform in a large number of concerts. They come from all segments of the community and learn to work together as a team. They sing at nursing homes, churches, as well as other events throughout the year. The perform Holiday Concerts during December and a Spring Concert and Tour during May. The Choir also performs with the Wilmington Sympathy Orchestra in Kenan Auditorium during March. In closing, Ms. Errante commented on the Choir’s contributions to the community and she requested the Board to include the funding request in the FY 1999-2000 Budget. Chairman Caster expressed appreciation to Ms. Errante for the presentation. Keys Community Rehabilitation Program: Mr. G. E. Lamica, representing Keys, requested the Board to reconsider the funding request of $35,000. He reported the following programs are provided by Keys: (1) The ADAP Program; (2) Vocational Rehabilitation; and (3) the new contract with the Department of Social Services to help DSS with assisting more clients from welfare to work through the program. In closing, Mr. Lamica pointed out that all clients served by Keys are handicapped. He advised that the City of Wilmington was constructing a new building to expand the recycling program, and New Hanover Regional Medical Center has provided a grant to construct a physical/education exercise room. The new exercise room will be named the “Joe Keith Room” because of the following letter received from Joe on Monday, June 21, 1998: Keys, Incorporated has helped me in a lot of ways. It have given me confidence in myself and makes me feel like somebody. It has helped my nerves to be working because my mama is dying, and it has helped to keep my mind busy. I like making money, eating out, and buying presents for people. Before I came here, I had never gone bowling, swimming, Special Olympics, dancing or riding the bus. I never had responsibilities, never had a chance to learn to read until my tutor taught me. All of my school work was something that I had never had a chance to lean. Keys has taught me to do many things for myself. I am not handicapped like people always told me. I can do things. I love operating the can machine in the recycling area. I have never had friends before. Everybody loves me here, and it helps me with my problems. The workshop is the best thing that has ever happened to me. It makes me feel guilty a little bit because if my mama got better today, I won’t be able to go back home and be like I was before. I came here thinking that I could not do anything. I have learned so many jobs and it does not scare me to try new things. It is fun. I hope I can work here the rest of my life. I love it here, and I wish I could work every day. Keys means everything to me in my life. Joe Keith In closing, Mr. Lamica informed the Board that Joe died in August, 1998, with cancer. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 297 Chairman Caster expressed appreciation to Mr. Lamica for the presentation. East Coast Solutions: Mr. Kelly Jones,Vice-President of the Board of Directors of East Coast Solutions, reported this agency is a non-profit volunteer organization whose mission is to assist chemically dependent persons to build a foundation of sobriety so they can return to the community as a productive member of society. This agency manages the following programs: (1) Stepping Stone Manor, a treatment program for men with substance abuse problems; (2) Kelly House, a facility designed for pregnant women and new mothers with substance abuse problems; and (3) outreach programs such as Nightshift. These programs rely upon public and private donations as well as a vast amount of volunteer assistance. The current budget consists primarily of government support in the form of Medicaid, contracted services, program fees and other contributions. In closing, Mr. Jones advised the projected operational fiscal year budget for East Coast Solutions is $400,000, and this agency is requesting the County to contribute $16,500 to allow East Coast Solutions to continue to provide services that are not provided by any other agency in the community. He urged the Board to include this funding request in the FY 1999-2000 Budget. Chairman Caster expressed appreciation to Mr. Jones for the presentation. Lower Cape Fear River Program: Ms. Marian McPhaul, Executive Director of the Lower Cape Fear River Program, reported on the value of this program to the area and said the program is housed at the Center for Marine Science at UNCW. She said on behalf of the Advisory Board, she would like to express support and funding of this program. Chairman Caster expressed appreciation to Ms. McPhaul for the remarks. Wilmington Film Commission: Vice-Chairman Greer informed the Board that Mr. Mark Stricklin, Director of the Film Commission, had planned to attend the meeting and express the Commission’s appreciation to the Board of County Commissioners for the funding recommended in the FY 1999- 2000 budget. He said due to an unexpected conflict in Mr. Stricklin’s schedule, he could not attend the meeting. BREAK Chairman Caster called a break from 8:40 p.m. until 8:55 p.m. PUBLIC HEARING TO RECEIVE TO RECEIVE PUBLIC COMMENTS ON THE FY 1999- 2000 RECOMMENDED BUDGET Chairman Caster opened the Public Hearing to receive public comments on the recommended budget and he requested all persons to limit their remarks to two minutes. The following comments were received: Mr. Richard Furgerson, Chairman of the Education Council for the Greater Wilmington Chamber of Commerce, reported that the Chamber was very supportive of the budget request submitted by the Board of Education for New Hanover County. He requested the Board to consider the full funding request in order to adequately meet school needs. Through the years, New Hanover County has made tremendous progress in improvement of the schools. With the changing technology, the School System needs the requested funding to provide total quality education in the 21st century. There being no further comments, Chairman Caster closed the Public Hearing. DISCUSSION OF OVERCROWDING IN THE NEW HANOVER COUNTY JAIL Chairman Caster reported that on June 3, 1999, at his request, the Board withdrew an item on the Consent Agenda to enter into a contract with Carter Goble Associates, Inc. to perform Phase II of a Space Study Assessment for design of a new jail. The purpose of postponing this item was to allow him time to investigate the possibility of privatizing a regional jail as done with prisons throughout North Carolina. After a review of the North Carolina Constitution, it was found that a Sheriff is a constitutional officer and according to a ruling by the Attorney General, the inmates being NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 298 held by a Sheriff in a particular county jail are in the sole custody of that Sheriff; therefore, privatization of a regional jail facility is not possible. County Attorney Copley informed the Board that the County’s liability was increasing at the jail because of overcrowding which has greatly increased the risk of personal injury, safety, and health problems among the inmates. Over the weekend, an inmate was beaten by another inmate and is now in the hospital paralyzed. The Legal Department strongly feels the overcrowding problem must be resolved as soon as possible to avoid future lawsuits, and she requested Sheriff Joe McQueen to report on short and long term solutions to the problem. Sheriff McQueen informed the Board that currently 110 inmates are sleeping on the floor because of a lack of space. The only short term solution is to contact the N. C. Department of Correction to see if space is available to relocate some of the inmates. If space is available, it will cost New Hanover County $45 per day per inmate, which is a total of $2,700 per inmate for 60 days. Sheriff McQueen said the short term solution would be to bring in jail modules that can be constructed within 30 to 60 days to reduce the overcrowding. The long term solution is to build a new county jail that will meet current and future space needs. After a review of the jail roster for pretrial release, it was found that a majority of the inmates have committed violent crimes, and the Judges are not willing to release these people. Many of them are suicidal, and there are no present facilities to care for these prisoners. There is also a real concern for the safety of the deputies and staff. After reporting on the unacceptable conditions of the Jail, Sheriff McQueen noted that immediate action must be taken to relieve the overcrowding problem. Discussion was held on whether the visit had been planned to visit Florence, South Carolina, to see an example of a modular jail in operation. Sheriff McQueen advised a trip has been scheduled for June 16, 1999. Further discussion was held on pretrial release. Sheriff McQueen expressed concern for releasing violent offenders in the community. County Attorney Copley urged the Board to direct staff to move forward with determining the cost of a modular jail and enter into Phase II of the Jail Space Study at a cost of $58,000. Consensus: After discussion, it was the consensus of the Board to request the County Manager to place the contract with Carter Goble Associates, Inc. on the June 21, 1999 agenda for consideration of awarding the second phase of the contract. PUBLIC HEARING ON THE MASON INLET RELOCATION PROJECT RESCHEDULED TO JULY 12, 1999 Chairman Caster announced that the Public Hearing for the Mason Inlet Relocation Project has been rescheduled to July 12, 1999 as requested by Mr. Frank Pinkston, Chairman of the Mason Inlet Preservation Group. PUBLIC HEARING TO CONSIDER THE 1999-2000 SECONDARY ROAD CONSTRUCTION PROGRAM FOR NEW HANOVER COUNTY Ms. Louise McColl, a member of the N. C. Board of Transportation, expressed appreciation for the opportunity to present the 1999-2000 Secondary Road Construction Program for New Hanover County. She introduced Mr. Doug Bowers, Division Engineer, and Mr. David Thomas, District Engineer of the local Transportation Office and informed the Board that Mr. Scott Cooke, Highway Maintenance Engineer, would present the road construction program for the county. Mr. Scott E. Cooke, Highway Maintenance Engineer, reported that, as required by General Statute 136-44.5, before July each calendar year, the Department of Transportation is required to make a study of all state-maintained unpaved roads in order to determine the unpaved mileage in each county and in the state. Each county’s allocation is determined by dividing the total allocation by the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 299 statewide mileage times the number of miles in each county. Secondary road construction allocations are based upon the amount of revenue generated by the gasoline tax and money from the bond fund. The final total will not be known until the end of the current fiscal year, ending June 30, 1999. Should there be a significant change in the county allocation, the department will inform New Hanover County about any adjustments in the Secondary Road Construction Program for 1999-2000. Based upon unpaved mileage of approximately 5.37 miles in New Hanover County compared to unpaved miles statewide, the secondary road allocation is estimated at $187,130. This allocation is expected to be approved at the July, 1999 N. C. Board of Transportation meeting. The North Carolina Board of Transportation has elected to continue paving down the same lists used last year. These lists are based on a paving priority rating system having two paving priorities in each county, one for rural roads and one for residential/subdivision roads. The Board now requires a separate listing of roads for each county showing the roads which have been previously skipped over for paving because the right-of-way was not available. Although these roads will not be shown on either of the two paving priority lists, provisions have been made for any such road to be reinstated to its prior position at such time as the right-of-way becomes available, or as soon as reinstatement can be administratively accomplished. Copies of paving priorities and a list of roads with unavailable rights-of-way have been included in the agenda packet for the Board of County Commissioners. In compliance with the directives of the N. C. Board of Transportation, while addressing overall county needs, the following proposals are submitted for expenditure of the estimated secondary road construction funds for New Hanover County for the period through June 2000. Estimated July 1, 1999 Total Allocation$187,130 Highway Fund$65,576 Highway Trust Fund$63,944 Highway Bond Fund$57,610 Spot Stabilization,$ 18,398 Paved Road Improvements,$168,732 Safety Improvements and Bridge Replacements Roads for Grade, Drain, Base and Pave SR 2546M, Wishing Well Lane$114,000 From SR 1728 to End of System$ 54,732 Length 0.38 mile SR 2552, Pepper Hill Road From SR 1728 to SR 2555 Length 0.32 mile SR 2553, Saltee Way From SR 2552 to SR 2556 Length 0.27 mile SR 2554, Misty Morning Lane From SR 2552 to SR 2556 Length 0.22 mile SR 2555, Stillpond Road From SR 2552 to SR 2556 Length 0.16 mile NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 300 SR 2556 Myrtle Gardens Drive From SR 2553 to SR 2555 Length 0.17 mile SR 2563, Star Harbor Drive From 1728 to SR 2553 Length 0.09 mile Priority 11S 1.61 Property Owner Participation Paving - Rural SR 1516, Navaho Trail (DOT Share)$ 51,000 From End Pavement to SR 1592$ 3,732 Length 0.61 mile Priority 1R 0.61 Volunteer Fire Departments,$ 3,732 Rescue Squads, Road Additions$ -0- and Contingencies Total Miles: 2.22 In concluding the presentation Mr. Cooke pointed out that the cost of each priority was an estimate and was subject to variations due to inflation, cost of materials and equipment rate changes. He stressed the importance of everyone understanding that in the event the right-of-way for any priority was not available, the Department of Transportation would proceed with the next priority until the right-of-way has been acquired and funds are expended. If any changes in the program occur, the County will be notified. At the end of the calendar year, the County will be presented a detailed report of the work accomplished and funds expended. Commissioner Howell asked if Navaho Trail would be paved. Mr. Cooke responded this project was an owner participation project and that 0.61 of a mile would be paved this year. Vice-Chairman Caster commented on the priority listing of 19 roads and asked why these roads were not being paved. Mr. Cooke responded that Nixon Lane, Horne Place, Brookdale Drive, Farm Road and Weeping Willow Lane have been paved. He explained that all the roads in Myrtle Grove Tailer Park Subdivision would be paved which includes Wishing Well Lane, Pepper Hill Road, Saltee Way, Misty Morning Lane, Stillpond Road, Myrtle Gardens Drive and Star Harbor Drive. Chairman Caster opened the Public Hearing and asked if anyone from the public would like to comment. No public comments were received. Chairman Caster closed the Public Hearing. Chairman Caster requested a motion to adopt the Secondary Road Construction Program. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the 1999-2000 Secondary Road Construction Program for New Hanover County as presented by the North Carolina Department of Transportation. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Secondary Road Program is on file in the Planning Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 301 PUBLIC HEARINGS Chairman Caster announced Item 7.5, a Public Hearing to consider a request by the Army Corps of Engineers to approve text amendments requiring the delineation of federal jurisdictional wetlands was placed on the agenda through error; therefore, this item will be withdrawn and will be heard at a later date. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT AS REQUESTED BY TFT AND COMPANY, INC. TO CONSTRUCT A 21 SLIP COMMUNITY BOATING FACILITY TO SERVE LODER LANDING, A 28 LOT RESIDENTIAL SUBDIVISION LOCATED ON LODER AVENUE (S-440, 5/99) Chairman Caster opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, any persons wishing to speak must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director Attorney William O. J. Lynch Terry Turner Ron Strickland Planning Director, Dexter Hayes, reported that several concerns were expressed by residents located on the southside of Loder Avenue about riparian access to the Intracoastal Waterway, impacts to the marsh, waterfront views, and whether Loder Landing would have homeowner covenants with creation of a 21 slip facility. The Planning Board recommended approval with restrictive covenants limiting the use of the facility. Planning Director Hayes presented the following staff findings: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The proposed marina will not need water or sewer services. B.The site is located in the Myrtle Grove Volunteer Fire Department District. C.Access to the site is from Loder Avenue via a private access easement. D.No dredging will be required. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.The property is zoned R-15 Residential. Community boating facilities are permitted by Special Use Permit in this zoning district. B.In lieu of an off-street parking lot, the petitioner is requesting that parking be provided at each individual residential lot. Access will be limited to pedestrian and bicycle traffic. C.Though it is not specifically known, the impacts on adjacent waters and conservation resources should be minimal because no dredging is needed. Construction impacts would be limited to the pilings needed to support the floating dock system. D.The number of slips (21) does not exceed the number of lots to be served (28). E.No commercial activity is proposed because it cannot be permitted in a residential district. F.The right to use the facility will be conferred by an easement connecting to Loder Avenue. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 302 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A.As a general rule, small scale community boating facilities compliment property values. B.Both adjacent property owners have signed an affidavit stating that they do not believe the marina will have an adverse impact on their property values. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A.The Land Use Plan generally supports water dependent uses to promote access to the area’s public trust waters. B.Williams Landing/Splash Marine, a 13 slip boating facility, is located approximately 100 feet to the south C.Community boating facilities are commonplace along the County’s estuarine waterfront. Chairman Caster asked if the petitioner would like to comment. Attorney William O. J. Lynch, representing Terry Turner with TFT & Company, Inc., reported the application packet presented as part of the agenda packet clearly establishes the technical, special, and general conditions of the ordinance have been satisfied. The application was well received by the Planning Board and it was concluded that it met all the requirements and conditions of the ordinance. He said since the Board has an opportunity to read the technical requirements, he will not take time to review these items. Attorney Lynch said that no on-site parking would be provided at the boat facility; however, six temporary parking spaces will be provided further back on the site for residents to load and unload their boats. If the Special Use Permit is granted, a CAMA permit will have to be obtained. In closing, Attorney Lynch commented on hearing that an individual would be present to request tabling action on the Special Use Permit unless sewer was provided. Attorney Lynch explained to the Board that the Loder Landing Subdivision plats have already been approved by the County and the plats have been recorded; therefore, sewer is not an issue. However, Mr. Turner has been working with the County to arrange for oversizing a pumping station to sewer this area. The sewer issue should be considered when the Special Use Permit is approved. Mr. Terry Turner advised that a number of months ago the company engineer, Mr. Phil Trip, met with County Engineer Wyatt Blanchard and Engineer Jim Craig to discuss the possibility of a lift station to serve the Loder Avenue area. Mr. Tripp was informed at the meeting the idea was possible if it was feasible to tie the system into other sewer force mains and the system would have to be a regional lift station. This means that the system would cover the Intracoastal Watch Subdivision up to the Tangle Oaks Club Marina. Engineers have drawn plans, bids have been received, and a contractor has been informed about the company being the low bidder. The remaining item to be addressed is to negotiate with the engineering office on the dollar amount of County participation. Mr. Turner stated if the County will negotiate and contribute a reasonable sum of money, he would work with the County to provide a regional lift station that will serve Loder Landing and surrounding communities. Once the money issue has been resolved, the Engineering Department will approach the Water and Sewer District for approval of the project. Mr. Ron Strickland, a spokesman for adjacent residents, reported there was opposition to the proposed project at the Planning Board meeting because the residents were under the impression that sewer would be provided to the 21 slip marina. With the need for sewer in Loder Landing, the residents felt this was a good compromise and did not oppose the boat marina. After learning this was not the case, the residents feel the democratic process has been violated. The adjacent property NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 303 owners signed a waiver under the impression that sewer would be provided with the project. In closing, Mr. Strickland requested the Board to table this issue until an agreement has been reached between the Engineering Department and Mr. Turner to offer sewer to the area. If sewer cannot be provided to the area, the residents are opposed to granting the Special Use Process because no additional septic tanks are needed in the area. Vice-Chairman Greer, who serves as Chairman of the Water and Sewer District, explained to Mr. Strickland that the District was opposed to accepting small pump stations throughout the county because these stations have to be maintained. Mr. Strickland expressed concern for approval of a Special Use Permit to Mr. Turner until an agreement has been negotiated between Mr. Turner and the County. The area would have a marina with no sewer for the residents. He requested the Board to table the issue. Commissioner Davis asked Mr. Strickland why he was referring to the 21-slip boat facility as a marina. Mr. Strickland responded the facility was referenced as a marina by the attorney and he stated he knew it was a boat facility for Loder Landing. Commissioner Davis informed Mr. Strickland that a marina was a facility that could be used by the public for boating and purchasing gas and other items sold at the business. A 21-slip boat facility is for use by the residents of the Loder Landing. Mr. Strickland responded the proposed facility was not permitted under residential use; therefore, Mr. Turner has to apply for a Special Use Permit. He noted that Mr. Turner desires to construct the boat facility so he can receive an additional $400,000 from the sale of the lots. Commissioner Birzenieks asked Mr. Strickland how he calculated the figure of $400,000. Mr. Strickland responded that he had not hired a certified appraiser, but the value of the slips would probably be $20,000 which will increase the value of lots sold. Vice-Chairman Greer commented on the remarks by Mr. Strickland and he asked the County Attorney to explain the reason for the Special Use Permit. County Attorney Copley informed Board that the request by Mr. Srickland for an off-site improvement as a condition of a Special Use Permit was most unusual. She explained that in order to consider an off-site condition, the petitioner, Mr. Turner, would have to agree to the condition, which in this case is the provision of sewer to Loder Landing. She requested the Board to consider the fact that when Mr. Turner’s subdivision plan was approved, the wastewater treatment plan was also approved. Attorney Lynch asked Mr. Turner if he ever went into the Loder community and tried to stop persons from opposing the project by offering any type of sewer to the area. Mr. Turner said he was appalled that Mr. Strickland had accused him of this action. Attorney Lynch informed the Board that Mr. Strickland owns Splash Marine, which is a 13- slip commercial marina that located three lots to the south of the subject property. Commissioner Howell recommended not considering the request for sewer as part of the Special Use Permit unless Mr. Turner agrees to this condition. He expressed concern for not having a map showing the exact location of the 21-slip facility. Mr. Turner presented a map and explained there are 12 slips out front in the waterway with 9 slips on the inside. He explained that he could have opted to receive a major CAMA permit for two lots and placed more slips at the landing. However, his desire was to provide slips for the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 304 subdivision. The boat slips will not extend in front of other waterfront properties. Commissioner Howell asked Mr. Strickland if he owned the old Williams boat dock. Mr. Strickland responded that he did own the boat dock. Chairman Caster asked if Mr. Turner agreed with the findings of fact. Mr. Turner responded that he agreed with the findings of fact as presented. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to grant a Special Use Permit to TFT and Company to use the property located along the north side of Loder Avenue adjacent to Loder Landing Subdivision for the construction of a 21-slip community boating facility based upon the evidence presented concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED 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 25. PUBLIC HEARING TO CONSIDER A REQUEST BY SAMUEL GRADY TO REZONING 1.8 ACRES LOCATED ON THE NORTHWEST CORNER OF BLUE CLAY ROAD AND JUVENILE CENTER ROAD FROM I-2 HEAVY INDUSTRIAL TO R-15 RESIDENTIAL (Z-658, 5/99) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, stated the petitioner is requesting that a portion of his property be rezoned to R-15 Residential from I-2 Heavy Industrial. The proposed rezoning would allow the applicant to better utilize his property that is now split by two zoning districts. After very little discussion of the rezoning, the Planing Board recommended approval of the request. Chairman Caster asked if the petitioner would like to speak. Mr. Samuel Grady requested the Board to approve the rezoning request so it could be used for residential development. Chairman Caster asked if anyone present would like to speak in opposition. No comments were received. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve rezoning 1.8 acres located on the northwest corner of Blue Clay Road and Juvenile Center Road to R-15 Residential from I-2 Heavy Industrial. 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. 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Ordinance Book II, Section 8A, Page 27. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 305 PUBLIC HEARING TO CONSIDER A REQUEST BY SCOTT STEWART TO REZONE 21.51 ACRES LOCATED IN 3100 BLOCK OF MIDDLE SOUND LOOP ROAD TO R-15 RESIDENTIAL FROM R-20 RESIDENTIAL (Z-659, 5/99) Chairman Caster opened the Public Hearing and reported on the numerous calls, faxes, and letters regarding the proposed rezoning. He reported in order to maintain some type of time limit, he would allot Mr. Stewart 15 minutes and the persons in opposition 15 minutes. Vice-Chairman Greer advised that he had received numerous letters, calls, and faxes regarding the proposed rezoning. He said much of the information was not correct, and some of the comments about the Board of County Commissioners not caring about the environment or the members being paid to approve the request were insulting. The members of the Board did not place this item on the agenda. The petitioner submitted the request to the Planning Board, which is his right since he owns the property. In closing, Vice-Chairman Greer said that he did not appreciate the remarks that had been received. He advised that as a County Commissioner, he had always tried to render decisions based on what he considered an objective point of view. Many times, it is difficult to please everyone. Planning Director, Dexter Hayes, reported a host of concerns were presented by the residents of the Middle Sound Community at the Planning Board meeting held on May 6, 1999. The concerns ranged from inadequacy of the existing infrastructure, drainage impacts to adjoining properties and Howes Creek, incompatibility with the Middle Sound Plan adopted in May 1987, and Land Use conflicts pertaining to the Conditional Use B-1 (Neighborhood Business) request. The petitioner withdrew his request for Conditional Use B-1 zoning. The Planning Board voted 3 to 2 to recommend approval of the petitioner’s request to rezone 21.51 acres to R-15 from R-20. This would allow an increase of 11 units in the project. The members of the Planning Board who voted against approving the request were concerned with traffic and the justification for increasing density in Middle Sound. Commissioner Davis commented on the Middle Sound Plan adopted by the Board of County Commissioners in 1987 and he asked if there was a copy of the plan. Planning Director Hayes responded a plan was adopted for the Middle Sound Community in 1987. As a result of this plan, zoning changes occurred and traffic improvements were made to relieve traffic in the Middle Sound area. He presented a summary of the plan to each member of the Board. Mr. Charles Meir, the attorney representing the petitioner, Scott Stewart, said the Middle Sound area has become an urban community. The newspaper and media have generated a tremendous amount of publicity about the proposed rezoning request. He requested the Commissioners to review the request in accordance with the requirements of the New Hanover County Zoning Ordinance. Mr. Meir reported the R-15 Residential rezoning will be consistent with the Middle Sound Plan and the 1993 Land Use Plan for New Hanover County. If the property is rezoned, it will allow for a more flexible design to provide more affordable sizes and housing types within the neighborhood plan. One of the recommendations in the Middle Sound Plan is to coordinate streets in the new development with the existing road network. Unfortunately, this road network has not been developed with existing communities in Middle Sound. For example, Providence Subdivision could have been connected to Timber Creek, and Timber Creek could have been connected to Brandy Wine, but this did not occur because of opposition from neighbors. The plan proposed by Mr. Stewart will encourage connection of existing streets in the Demarest Village Subdivision. In closing his presentation, Mr. Meir informed the Board that when the Middle Sound Plan was adopted, water and sewer were not available to the area. The proposed development by Mr. Stewart will have water and sewer services. He urged the Board to approve the rezoning since it complies to the regulations of the Zoning Ordinance and Land Use Plan. Mr. Scott Stewart, the petitioner, presented slides on the existing community and the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 306 proposed development of Demarest Village. He reported the rezoning will result in a modest lot reconfiguration increasing the density specific to the Demarest Village plan from 40 home sites to 51 home sites. The R-15 zoning will slightly modify the land use distribution resulting in approximately 2 acres for roads and sidewalks, 9.69 acres for private home sites and 8.62 acres for accessible and passive open space. He reported the additional density will allow for improvements along Harlendale Drive to include installation of a sidewalk complimented with weeping Chinese elms and transforming into a linear park accommodating a pedestrian corridor to connect to the pedestrian sidewalk network planned for Demarest Village and the existing Demarest Landing. The Demarest Village residential portion will remain unchanged. The Village Square phasing will be provided in four phases: ? Phase I: The swim club facility. ? Phase II: Building 6, 7, and 8 adjacent to the Phase I residential area of Demarest Village primarily utilized for professional offices. ? Phase III and IV: Buildings 1, 2, 3, and 4 will be utilized for more retail oriented services on the first floor while the second floors maybe more professional oriented uses which may also compliment support studies that maybe utilized by the Wilmington Country Day School. In closing, Mr. Stewart informed the Board that Village Square was carefully positioned so it would provide an architectural transition and buffer for the residential portion of Demarest Village while providing an architectural courtyard facing the swim club facility that will be complimented by enclosure and placement of other buildings. He urged the Board to approve the R-15 rezoning so this traditional neighborhood design can be used in creating Demarest Village and Village Square. Chairman Caster asked if anyone from the public would like to speak in favor of the project. Mr. George Barber, 300 Harlendale Drive, spoke in favor of the proposed rezoning. He reported the proposed development will greatly benefit the subdivision by providing a community swimming pool and a well managed control of a business property. As the parent of three children, this is an excellent plan for the development. Mr. Al Kennedy, the owner of Lot 47 on Harlendale Drive, informed the Board that his property would be impacted on both sides. He said when hearing about development of the adjacent property, he made contact with Mr. Stewart who explained the design and plans for development of the property. In closing, Mr. Kennedy said there are pros and cons to the development; however, he does know that Mr. Stewart would provide a quality development that will be environmentally sound for the community. Mr. Gary Shipman, the attorney representing the residents of Middle Sound, presented a packet of petitions signed by the residents to the Board. He complimented Mr. Stewart for presenting an excellent plan. He reminded the Board that any action taken would not be on the proposed plan, but on the rezoning of the property which is a legislative decision pursuant to the power granted under North Carolina General Statutes. Under NCGS 153A.341, rezoning property must be in compliance to a comprehensive plan designed to lessen congestion in the streets, promote health and general welfare of the residents, prevent the overcrowding of land, avoid undue concentration of population, and facilitate adequate provision of transportation, water, sewer, schools, parks and other public requirements. New Hanover County adopted a Middle Sound Land Use Plan in 1987 and based upon this plan, the Board of County Commissioners at that time felt the infrastructure was inadequate to handle intensive development. One of the recommendation by the Board of County Commissioners in the Middle Sound Land Use Plan was to rezone some of the property from R-15 Residential to R-20 Residential. The residents were told that the R-20 Residential rezoning would constitute a down- zoning of their property, but they voluntarily submitted their properties to better control growth which would create a strain on the infrastructure. At that time, the Planning Director was asked if rezoning property from R-15 Residential to R-20 Residential was consistent with the Middle Land NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 307 Use Plan, and Director Hayes responded the rezoning was consistent. If the rezoning was consistent at that time, the property should remain R-20 residentially zoned to be consistent with the Land Use Plan. Since 1988, a tremendous amount of growth has occurred in the Middle Sound area which has placed a strain on the infrastructure. Currently, more than 50% of the area is served by sewer. In 1997, the traffic counts on Middle Sound Loop Road reflected 11,000 cars a day. Since that time three new subdivisions have been constructed. The road is totally inadequate. Statements from the N. C. Department of Transportation have been provided in the packet showing that no money is available to perform any improvements to Middle Sound Road. The only improvement will be repaving the road when all sewer connections have been made on Middle Sound Road. Attorney Shipman informed the Board that Mr. Stewart has not made an attempt to show that the proposed development plan is consistent with the Middle Sound Land Use Plan. Until the County Commissioners change the Middle Sound Land Use Plan, the policy statements adopted in 1987 and 1988 remain in place. If the property is rezoned to R-15 Residential, it will set a precedent with other property owners requesting to have their R-20 Residential properties rezoned to R-15 Residential, which would be a disaster for the Middle Sound area. In closing, Attorney Shipman said the plan presented by Mr. Stewart is excellent, but the Board must understand the difference between a good plan and compliance to existing policies in the Middle Sound Land Use Plan. Until the Board readdresses the plan, the request before the Board is not in compliance. Commissioner Birzenieks requested the County Attorney to responded to some of the inconsistences referenced by Attorney Shipman. County Attorney Copley responded that the County Commissioners have adopted a Zoning Ordinance which is the law of New Hanover County. A Land Use Plan was adopted by the Board of County Commissioners in 1987 and remains in effect; therefore, the Board should be consistent with the policies outlined in the plan. If the Board should decide to rezone the property, which is legislative action, the reasons for the changes must be articulated as part of the motion. Chairman Caster asked if anyone opposing the rezoning would like to comment. Mr. Michael Mattiace, representing Sandy Brook Subdivision, said on behalf of the citizens of Middle Sound, he would like to apologize for any disrespectful remarks expressed to the Board of County Commissioners and staff regarding the rezoning request. Mr. Mattiace reported the Demarest Village project will impact 31 adjacent properties in Sandy Brook. The property owners are strongly opposed to the rezoning. Out of the 38 remaining property owners, 30 are opposed to the rezoning. These residents feel increasing traffic on Middle Sound Road will be a hazard to the traveling public. Ms. Renee’ L. Mallette, an adjacent property owner of land next to the Demarest Village, expressed concern for the impact of water runoff on her property with construction of the proposed project. She requested the Board to deny the rezoning request because of existing drainage problems in the area. Mr. Jay Peterson, a resident of Middle Sound, informed the Board that if Mr. Stewart was truly interested in the neighborhood, he would provide the amenities to support the project. For example, under the R-20 zoning, the project could be constructed under Planned Unit Development zoning with zero lot lines, cluster the housing, and leave 10 acres open as a park. This would be significant to the Middle Sound area. Before zoning for any project is approved, the infrastructure should be in place. The primary needs outlined in the Middle Sound Plan are not in place today. More than 50% of the residents living in Middle Sound do not have sewer, and 100% of the residents must go past Ogden Elementary School to exit the area. There are no plans to widen the Middle Sound Road for a number of years. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 308 In closing, Mr. Peterson requested the Board to deny the rezoning request until the infrastructure is in place and until a plan has been developed to preserve more open space and save the beautiful trees. Mr. Tom Landis, a resident of Stoney Brook, expressed concern for the flaws in the drainage plan, safety for the residents traveling Middle Sound Road with increased traffic, and the remarks by the Health Department about sewer in the area. He urged the Board to take into consideration the safety and health of the residents and deny the R-20 Residential rezoning requested by Mr. Stewart. Dr. Robert Parr, a resident of Middle Sound, entered into the record petitions with 409 signatures of residents living in area who are opposed to the rezoning. He expressed concern for increased traffic on an already congested road, the lack of water and sewer availability in the area, and the impact of the proposed development on natural resources. Mr. Parr requested all persons present from the Middle Sound area to stand and he requested the Board to note the overwhelming opposition to the request. He urged the Board to comply with the Middle Sound Plan and protect the quality of life in this area by denying the R-15 rezoning request submitted by Mr. Stewart. Ms. Debbie Landis, a resident living across the street from Ogden Elementary School, requested the Board to consider the safety of children and residents traveling the Middle Sound Road and deny the request submitted by Mr. Stewart. Chairman Caster closed the Public Hearing. Commissioner Howell said after listening to the remarks presented and studying the information presented in the agenda packet, he could not see a need to rezone the property from R-20 Residential to R-15 Residential. Commissioner Birzenieks said after listening to two hours of presentations, reading letters, faxes, and receiving telephone calls he would recommend denial of the request. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to deny the rezoning request to rezone of 21.51 acres located in the 3100 Block of Middle Sound Loop Road to R-15 Residential from R-20 Residential. Chairman Caster complimented Mr. Stewart for an excellent plan but stated he felt the zoning should remain R-20 Residential. Upon vote, the MOTION TO DENY THE REZONING REQUEST CARRIED UNANIMOUSLY. BREAK Chairman Caster called a break from 11:10 p.m. until 11:23 p.m. PUBLIC HEARING TO CONSIDER A SUBDIVISION APPEAL FOR A MINOR LOT DIVISION LOCATED OFF GARDNER DRIVE NEAR THE WILMINGTON INTERNATIONAL AIRPORT (SA-15, 12/98) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that Attorney David C. Barefoot, representing Buyers, Brokers & Consultants, has appealed the denial of a minor lot subdivision located off Gardner Drive by the Planning Staff. Attorney Barefoot maintains that the proposed division of property is exempt from the requirements of Section 65 of the New Hanover County Zoning Regulations by reason of a prescriptive easement. The Planning Staff maintains that any proposed division of land that requires access via easement and does not have an access of record must create a 30-foot access easement in accordance with Section 65 of the Zoning Regulations. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 309 In closing, Planning Director Hayes reported the easement issue has been heard by the courts and unless the petitioner can show the County a recorded access of record, the 30-foot wide easement will have to be met. Attorney David C. Barefoot explained that the easement matter will have to be determined by the courts. The purpose of the appeal is to discuss the New Hanover County Zoning Ordinance because the ordinance says that a recorded and platted easement prior to 1969 must be received in order to obtain approval of a subdivision. Attorney Barefoot requested the record to reflect that the Judge feels there is a substantial likelihood that the petitioner will prevail in showing there is an easement. Attorney Barefoot said if the proper easement was in place, Section 65 of the Zoning Ordinance would still have to be interpreted as to whether or not the ordinance intended to include a prescriptive easement. The word, prescription, means prescription before writing. Therefore, if the easement is found, it will not be an easement in writing. This means the easement could not be recorded because it was obtained by the ownership of land being transferred to another party. The easement would be obtained by an adverse user. This means the easement was used and maintained by people living on the land for a long period of time. If the court determines the criteria for an adverse user easement has been met, the easement is defined as any other easement. The fact is that a prescriptive easement by its own definition is not a recorded easement. This language should be included in Section 65-1 of the New Hanover County Planning Ordinance. Attorney Barefoot said if an easement cannot be platted, the property owner should not be denied the right and benefits of the New Hanover County Zoning Ordinance. He requested the Board to clarify the language in this section of the ordinance. In closing, Attorney Barefoot expressed concern for the easement exemption in Section 65-1 of the New Hanover County Zoning Ordinance. This section provides access over a private driveway or an easement at least 30 feet in width. There have been cases in which exceptions have been made in residential situations for easement less than 30 feet in width. The property in question was zoned R-15 Residential and then rezoned Airport Industrial. There are no exceptions to property owners with commercial property. In this case, the property owner is going to be denied the use of his property. This is unfair and the Zoning Ordinance should be amended so all property owners will be treated in an equal manner. Commissioner Birzenieks requested the County Attorney to present a brief explanation of the request. County Attorney Copley advised that since she serves as the attorney for the Airport and New Hanover County, it would be a conflict for her discuss the matter. She advised that Attorney John Wessell would be representing the Airport. Attorney John Wessell, representing the New Hanover County Airport Authority, informed the Board that the Airport Authority was opposed to the approval of the proposed subdivision. The Authority is requesting the Board of County Commissioners to uphold the recommendation of the Planning Staff for the following reasons: Impact of Proposed Subdivision on the Wilmington International Airport: (1) The area where the subdivision is to be located is an area projected for expansion of the Airport. The primary concern of the Airport Authority is access on or adjacent to the Airport property. If the access off the property as requested by the developer is approved, access will be on Gardner Drive on the Airport side of Blue Clay Road. This will have a negative impact on the Airport with future expansions because of safety hazards in operating the Airport. There is a railroad right-of-way that separates the property from Blue Clay Road. It is difficult to acquire access across railroad rights-of-way. This access would be more favorable with future development of the Airport. Status of Existing Lawsuit: (2) New Hanover County and the Airport Authority have sued the current owner regarding existence of the prescriptive easement. The Court will decide whether the property owner has a prescriptive easement. If the County Commissioners NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 310 approve the subdivision as requested, and the Court decides there is no prescriptive easement, there will be no access for the subdivision. Also, if a prescriptive easement is granted by the Court, it will be only for the width of the two ruts now being used as access. This easement would not be adequate for access. Subdivision Regulations for New Hanover County: (3) Under the New Hanover County Subdivision Ordinance, street rights-of-way must comply to Department of Transportation (DOT) standards. Under these standards, a 40 foot right-of-way is required. The property owner does not have a 40 foot right-of-way even if there is a prescriptive easement. The next step is to check the New Hanover County Subdivision Ordinance which refers to Section 65 of the ordinance regarding exceptions. Under this section, the ordinance says if access is by an easement and will serve no more than three dwelling units, no design requirements for right-of-way or pavement are specified. The only requirement is that the structure should be provided access as specified the Zoning Ordinance. The developer will not be placing dwelling units on property that is zoned Airport Industrial. Therefore, the exception does not apply in this case, and the request for the subdivision should be denied. Attorney Wessell said for purposes of discussion, there is a need to refer to Section 65 as referenced by Attorney Barefoot. This section says that a right-of-way or easement must be platted and recorded to 1969. Prescriptive easement is not recorded or platted. This standard cannot be met and provisions of the Subdivision Ordinance cannot be met. The other exceptions require a 30 foot wide drive, which is not possible on this property. In closing, Attorney Wessell informed the Board that the Subdivision Ordinance does not allow the Board to approve the proposed subdivision. The purpose for minimum widths is to allow vehicles to go in and out of subdivisions. Trash trucks and safety vehicles must be able to access a subdivision. The N. C. State Building Code calls for a 20 foot wide paved surface for emergency vehicles to access developed areas. If a prescriptive easement is granted, it will not be 20 feet wide. This will be a commercial development with a street less than 20 feet wide. He requested the Board to uphold the recommendation of the Planning Staff to deny the request. Commissioner Davis asked Attorney Barefoot if he conceded the point that if a prescriptive easement is granted, it will not meet the definition of the Subdivision Zoning Ordinance. Attorney Barefoot said the Zoning Ordinance can be interpreted to say that an easement of record prior to 1969 should be grand fathered in instead of amending the Subdivision Zoning Ordinance. Vice-Chairman Greer commented on the case not being settled by the court and he recommended upholding the recommendation by the Planning Staff. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to deny the request for the proposed subdivision and uphold the recommendation of the Planning Staff. The MOTION CARRIED by a 4 to 1 vote as listed below: Voting Aye:Commissioner Birzenieks Commissioner Davis Vice-Chairman Greer Chairman Caster Voting Nay:Commissioner Howell AWARD ENGINEERING CONTRACT TO APPLIED TECHNOLOGY MANAGEMENT FOR DESIGN OF THE MASON INLET RELOCATION PROJECT Assistant County Manager, Dave Weaver, reported that he, Commissioner Howell, County Engineer Wyatt Blanchard, and Project Engineer Greg Thompson served on a Selection Committee to review qualifications packages and listen to presentations from two engineering firms. The committee concluded that Applied Technology Management (ATM) should be awarded the contract. Staff is requesting authority to negotiate the scope of work and a contract with ATM contingent upon NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 311 the Preliminary Assessment Resolution being adopted by the Board of County Commissioners and New Hanover County becoming the sponsor of the project. Discussion followed on whether ATM would be willing to perform this work without a final commitment by the Board of County Commissioners. Assistant County Manager Weaver informed the Board that if ATM was not willing to commit to this type of arrangement, staff would have to start over with the contracting process. Commissioner Davis requested an explanation of why ATM was recommended over McKim and Creed. Assistant County Manager Weaver responded that ATM had a greater depth in terms of the engineering resources and the firm was very knowledgeable about the Shell Island Resort sandbag project. Vice-Chairman Greer stated that he would vote for ATM, but he felt it would be preferable for a local company to receive the contract. Motion: Commissioner Howell MOVED, SECONDED by Chairman Caster to authorize staff to move forward with negotiating a scope of work and contract with ATM contingent upon final approval of the Preliminary Assessment Resolution and New Hanover County becoming the sponsor of the Mason Inlet Relocation Project. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF FUNDING COMMITMENT FOR INSTITUTE OF GOVERNMENT EXPANSION PROJECT Chairman Caster reported that the N. C. Association of County Commissioners and the N.C. League of Municipalities have each committed $50,000 to kick-off the city-county campaign to raise the additional $4,000,000 needed to complete the renovation and expansion project of the Knapp Building which houses the Institute of Government. Local governments, both city and county are being requested to consider joining the campaign with a pledge equal to the annual Institute of Government membership dues. County Manager O’Neal informed the Board that the annual Institute of Government membership dues for New Hanover County are $11,165. Commissioner Birzenieks reported on the outstanding services provided by the Institute of Government and he said this was an excellent organization. However, when the North Carolina Association of County Commissioners supports the building campaign, county monies paid in dues are being used to pay for this support. County Manager O’Neal said that he was not sure what revenue source was being used by the North Carolina Association of County Commissioners to support the renovation and building project. He noted that the Association has other sources of revenue such as the insurance pool being offered to counties throughout the state. Commissioner Birzenieks responded that New Hanover County will be a part of the insurance program offered by the Association, which means a portion of this money will be used for the renovation and construction project. He expressed concern for lack of assistance from the N. C. General Assembly in approving revenue options that are needed on the local level to meet the demands of growth as well as state mandates. He stated it would be difficult for him to support an $11,165 contribution to a state organization when so many County organizations are in need of additional funds as heard by the Board during the budget hearings. Vice-Chairman Greer responded that he was not in favor of contributing $11,000, but the Board might want to consider a smaller amount. He noted this idea was driven by staff members of the Institute of Government, N. C. Association of County Commissioners and N. C. League of Municipalities. The N. C. Association of County Commissioners Board of Directors was not aware of this action and the Directors have not discussed or addressed this matter. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 312 Chairman Caster said if the project was so important, the N. C. General Assembly should allocate the needed funding. He also expressed concern for asking the Association, League of Municipalities, Institute of Governments and counties to contribute to the project, which in his opinion is double taxation. Vice-Chairman Greer agreed with the remarks made by Chairman Caster and stated that money for the project should not be placed on the shoulders of local government. A project and budget were prepared for the renovation and construction of the Knapp Building. It appears the project has not remained within the budget and counties and cities are now being asked to contribute to the project. If the Board wants to consider funding the project for $1,000, that would be fine. Commissioner Davis noted that he was in agreement with the statements made by Commissioner Birzenieks, and he said it would be difficult to contribute money to this project when Domestic Violence and other agencies in New Hanover County need additional funding. Consensus: After discussion of the Chairman Caster and Vice-Chairman Greer attending the Board of Directors meeting of the N. C. Association of County Commissioners on June 16, 1999, it was the consensus of the Board to postpone considering this funding contribution until after the meeting when more information is available on the request. DISCUSSION OF MAY 17, 1999 LETTER TO CHAIRMAN CASTER FROM MAYOR HAMILTON E. HICKS, JR. Chairman Caster advised that he had written a letter to Mayor Hicks requesting the City Council to schedule a joint meeting with the Board of County Commissioners to discuss consolidation and certain government functions in detail. On May 17, 1999, a letter was received from Mayor Hicks informing the Board that a meeting was not appropriate since the City Council had adopted a resolution for a second forum to be held on consolidation at UNCW to explore the merits, deficiencies and implications of unifying redundant functions of city and county governments as experienced in other jurisdictions. Chairman Caster said in subsequent conversations with Mayor Hicks and other Council Members, there is a movement to get together and discuss these issues. He requested the Board to authorize him to continue to discuss this matter with Mayor Hicks and other Council Members to come to some resolution of the consolidation issue. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session to hold a meeting of the Water and Sewer District at 11:51 p.m. Chairman Caster reconvened to Regular Session at 12:47 p.m. ADDITIONAL ITEMS DESIGNATION OF COMMISSIONER HOWELL TO SERVE AS THE VOTING DELEGATE AND CHAIRMAN CASTER TO SERVE AT THE ALTERNATE DELEGATE AT THE 1999 ANNUAL NACo CONFERENCE TO BE HELD IN ST. LOUIS, MISSOURI ON JULY 16-20, 1999 Motion: Commissioner Caster MOVED, SECONDED by Commissioner Birzenieks to designate Commissioner Howell to serve as the Voting Delegate for New Hanover County at the 1999 NACo Annual Conference. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Howell to designate Chairman Caster as the Alternate Voting Delegate for New Hanover County at the 1999 NACo Annual Conference. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JUNE 7, 1999PAGE 313 ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 12:59 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board