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2000-01-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 707 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 3, 2000, at 6:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were 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 Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Ted Davis led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Request for the Provision of County Sewer to King’s Grant Extension Mr. Ben Scott, a resident of 4630 Manchester Drive, presented a petition signed by 168 residents of Kings Grant Extension, and he requested the Board to provide County sewer to this area before the scheduled date of 2009. He reported that 95% of septic systems in the area do not function. After reviewing records in the New Hanover County Health Department, it is clear that attempts to fix septic systems in this area have not been successful because of the high water table and lack of maintenance to drainage ditches. In concluding his remarks, Mr. Scott noted that many new subdivisions around the King’s Grant area have been allowed to tap into the City or County sewer systems. When the residents voted for the countywide bond issue in 1984, they did not expect to wait 20 years to receive relief. He stated it was unconscionable for people in this area to live under such unhealthy conditions especially since the County sewer line borders the neighborhood. Mr. Scott urged the Board to provide sewer to this area as soon as possible. Assistant County Manager, Dave Weaver, informed the Board that he had discussed this matter with Mr. Scott, and he reported that the Health Department was in the process of surveying the area. Once this information is received, a recommendation will be made to the Water and Sewer District. A copy of the petition is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 28. Discussion of Soccer Fields Mr. Jim Braswell, Executive Director of Cape Fear Soccer Association, expressed concern for the lack of progress being made on the soccer fields at Castle Hayne Park, and he stated as of last week, work had not begun. With spring practice beginning on February 26, 2000, it is critical for these fields to be completed. He urged the Board to move forward with completing this project as scheduled. Chairman Caster, on behalf of the Board, assured Mr. Braswell that every effort possible was being made by the Board of County Commissioners and Staff to complete the fields as scheduled. APPROVAL OF CONSENT AGENDA Vice-Chairman Greer commented on the difference in dates presented on the agenda sheet and the resolution under Consent Agenda Item 10. He asked if the deadline for submitting assistance NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 708 applications to FEMA and loan applications to the Small Business Administration should be extended from December 14, 1999 to January 14, 2000 as listed on the agenda sheet or to March 14, 2000 as listed on the resolution. County Manager O’Neal responded that March 14, 2000 was the correct date. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: November 15, 1999Regular Meeting September 30, 1999Capital Project Work Session Acceptance of State Appropriation for Senior Center Funds and Approval of Associated Budget Amendment #00-0087 The Commissioners accepted and approved the associated budget amendment to receive a State Appropriation for Senior Center funds to the Department of Aging Senior Center in the amount of $6,329 to cover and offset salary and fringe benefits for existing Senior Center staff. The County match of $704 was approved in the current budget. #00-0087 - Department of Aging/Senior Center AdjustmentDebitCredit Department of Aging/Senior Center: State Special Appropriation$6,329 Salaries and Wages$6,329 Explanation: To budget State Appropriation Senior Center funds. Approval for Waiver of Development Fees for Connecting to the Murrayville Water System for a DSS Hardship Case The Commissioners approved a request from the Department of Social Services to waive $720 in developmental fees associated with connection to the Maravilla Water System for a DSS hardship client, Katherine Lewis. She suffered extensive damage from Hurricane Floyd and her well was rendered unusable, which has required her to find another alternate source of water. The latest federal disaster funds have been depleted and DSS is limited in the type of assistance offered. Ms. Lewis is currently residing in a FEMA provided trailer with two children in need of drinking water as soon as possible. The State is looking at allocating additional funds, but this process could take weeks. Adoption of Resolution Awarding Contract #00-0199 to American Seating Company for the Provision of Open-Plan Office Systems The Commissioners adopted a resolution awarding Contract #00-0199 to American Seating Company to provide, on an as-needed basis, materials for open-plan office systems at a fixed percentage discount off the current manufacturer’s list price, labor at a fixed percentage of the manufacturer’s price list, and a design fee at a fixed hourly rate. The Chairman was authorized to execute the necessary contract documents. Due to the uniqueness and incompatibility of the respective open-plan office systems available on the market in 1990, the County standardized with one manufacturer to purchase all open-plan office systems. With the assistance from the State Office of Purchasing, specifications NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 709 were developed and several different manufacturers were evaluated. The current 3-year contract has expired, and Staff has followed the sole source procurement process pursuant to N.C.G.S. 143-129(f) to establish another 3-year term. A copy of the resolution is hereby incorporated as a part of the minutes and is on file in Exhibit Book XXV, Page 29. A copy of the contract is on file in the Legal Department. Adoption of Resolution Awarding Contract #00-0234 to TLT Babcock, Inc. for the Purchase of a Shaft Assembly for the WASTEC Facility The Commissioners adopted a resolution awarding Contract #00-0234 to TLT Babcock Inc. as a sole source provider pursuant to N.C.G.S. 143-129(f) in the amount of $46,165.The replacement shaft assembly is needed to complete scheduled maintenance to the wet ash pusher at the WASTEC Facility. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is on file in Exhibit Book XXV, Page 29. A copy of the contract is on file in the Legal Department. Adoption of Resolution Awarding Contract #00-0239 to Navistar International Transportation Company for the Purchase of One (1) Tandem Cab and Chassis for the Vector Control Division of the Health Department The Commissioners adopted a resolution awarding Contract #00-0239 to Navistar International Transportation Company in the amount of $66,300 for purchase of one (1) tandem dump truck for the Vector Control Division of the Health Department. The Chairman was authorized to execute the necessary contract documents. The State of North Carolina did a formal bid for the purchase of tandem cab and chassis and awarded the contract to Navistar International Transportation Company on March 25, 1999. Navistar has extended the same price to the County. Contract approval is made under the “piggyback” option as allowed under N.C.G.S. 143-129. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 29. A copy of the contract is on file in the Legal Department. Approval for Submission of Grant Application to N. C. Department of Transportation for Section 5311 Grant for FY 2000-2001 The Commissioners authorized the New Hanover Transportation Services Board of Directors to submit a grant application to the North Carolina Department of Transportation for Section 5311 grant funds in the amount of $222,495 to support the cost of administrative services, purchase three vans to replace aging vehicles, and provide employee development. The County Manager was authorized to accept the grant and approve the related budget amendment, if the grant is awarded. Ratification of Appointment to Criminal Justice Partnership Board/Juvenile Crime Prevention Council The Commissioners ratified the appointment of Wanda Neidig, Assistant Director of the New Hanover County Department of Social Services, to serve on the Juvenile Crime Prevention Council as the representative for the Department of Social Services. This action is required by the enacting legislation. Approval of Budget Amendment #2000-15 - Sheriff Department The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 710 # 2000-15-Federal Forfeited Property Capital Project AdjustmentDebitCredit Federal Forfeited Property$15,193 Capital Project Expense$15,193 Explanation: To increase the budget for additional revenue received December 1, 1999. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #00-0085 - Crisis Intervention Program - Department of Social Services The Commissioners approved the following budget amendment: #00-0085-Social Services/Crisis Intervention Program AdjustmentDebitCredit Social Services Administration: Administrative Grants$82,366 Crisis Intervention Program: Assistance Payments$82,366 Explanation: To budget additional funds for the Crisis Intervention program. No additional County funds are required. Approval of Budget Amendment # 00-0086 - Various The Commissioners approved the following budget amendment: #00-0086 - Various AdjustmentDebitCredit Non-Departmental: Legion Stadium Committee $150,000 Transfer to Sheriff’s Special Separation Allowance 112,622 Transfer To Other Funds: Legion Stadium Committee$150,00 Transfer To Sheriff Special Separation Allowance 112,622 Explanation: To transfer funds for the Sheriff’s Special Separation Allowance and for the Legion Stadium Committee from the Transfer Organization in Non-Departmental to the Non-Departmental Organization to more accurately classify expenses. Adoption of Resolution to Extend FEMA Assistance and Small Business Administration Loan Deadlines to March 14, 2000 The Commissioners adopted a resolution supporting the request of other eastern North Carolina counties to extend the deadline to submit assistance applications to FEMA and loan applications to the Small Business Administration from December 14, 1999 to March 14, 2000. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXV, Page 29. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 711 ADOPTION OF PRELIMINARY FINDINGS RESOLUTION FOR GREENSPACE BONDS County Attorney Copley reported that New Hanover County is required to adopt a resolution as required by N.C.G.S. 159-51 in order to apply to the Local Government Commission for the approval of bonds in the amount of $45,000,000 to pay for capital costs of providing park and recreation facilities and greenspace, including the acquisition and construction of new park and recreation facilities; the improvement and expansion of existing park and recreation facilities; the acquisition of real property for parks and recreation; green space for conservation purposes; and the acquisition and installation of furnishings and equipment required. Discussion followed on the need to clearly state in the Preliminary Findings Resolution that current and future needs of the community should be met. Vice-Chairman Greer suggested amending Section 2 in the resolution to read as follows: The proposed projects are necessary and expedient because present facilities are inadequate now and in the future. to meet the needs in the community Chairman Caster called for a motion on the amended Preliminary Findings Resolution. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the Preliminary Findings Resolution with an amendment to Section 2 as requested by Vice-Chairman Greer, and to authorize the Finance Director to file an application with the Local Government Commission as required by N.C.G.S. 159-51 for approval of the $45,000,000 greenspace bond issue. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 29. Mr. Al Pastore, a member of the Cape Fear Soccer Association Board of Directors, requested time to clarify some misinformation that has been circulating in the community. He stated the Cape Fear Soccer Association is not opposed to the greenspace bond referendum; however, the Association is concerned about the lack of playing fields and facilities at the current time. With approximately 3,000 children playing soccer this spring, the 11 fields promised by the County are needed. The members of the Association would like to help with passage of the greenspace referendum, but they do not know where to turn. Vice-Chairman Greer stated personally he did not know what else New Hanover County could do to provide soccer fields. He said that funds have been appropriated for completion of the fields at Castle Hayne and Eaton School, with the Parks Staff working daily to complete these projects. Money will be appropriated for development of playing fields on the Blue Clay Road site once wetlands have been delineated and the soil borings have been completed. The County also has an opportunity to use some land at the North Campus of Cape Fear Community College, and a tremendous amount of money will be spent on developing fields at Veterans Park. He stressed the importance of everyone realizing that a certain amount of time will be required to complete these projects. Commissioner Davis commented on the need for everyone to know the status of the soccer fields, and he requested Staff to prepare a report identifying the progress and completion dates for each field. County Manager O’Neal suggested placing a status report on the January 18, 2000 agenda. Chairman Caster expressed appreciation to Mr. Pastore for offering to assist with promoting the greenspace bond referendum and said once a group has been formed, Mr. Pastore will be contacted for assistance. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 29. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 712 STATUS REPORT ON NATATORIUM Mr. Don Gilchrist, Chairman of the Natatorium Committee, reported that for the last eighteen months, a committee representing a broad spectrum of the community has been meeting to determine the aquatic needs of the area. The purpose of the committee is to determine whether there is public support and public need to construct an aquatic facility. The committee has determined that the area lacks a sufficient year-round facility. There are only two indoor swimming facilities in Wilmington, the YMCA and UNCW. Both of the aquatic facilities are constantly in use and cannot satisfy the needs of the community. There appears to be broad based public support, and the aging population is choosing aquatics as their preferred means for recreation and wellness. Our area enjoys one of the fastest growth rates in the country. The proposed natatorium would promote healthy activities for the entire community to people of all ages and to those who do not have access to an aquatic center. Activities were identified by the Committee and supported by organizations who endorsed the concept for the provision of the following programs: •Learn-to-Swim programs for public schools •County school swim teams •YMCA programs and other not-for-profit organizations •Summer Community Team Practice and Meets •American Red Cross Life Guard Instruction •Beach area Life Guard training •Competitive diving •Police and Fire Rescue training •Arthritic, cardiovascular, and pre-natal programs •Aquatic exercise programs •Masters swimming •Scuba Diving programs •Waves of Wilmington Competitive Swimming •Water safety training •Kayak instructions •Senior and Youth activities •Rehabilitation and Health Recovery programs •Physically Challenged programs After commenting on support received from the Wilmington YMCA, New Hanover Regional Medical Center, New Hanover County Department of Aging, Wilmington Master Swimming, Waves of Wilmington, American Red Cross, New Hanover County Schools, UNCW School of Nursing, Wilmington Chamber of Commerce, City of Wilmington, Cape Fear Community College, Wrightsville Beach, Carolina Beach, and Corning, Mr. Gilchrist presented a copy of a petition that will be circulated to registered voters throughout the community to show the percentage of support for a natatorium. In concluding the presentation, Mr. Gilchrist requested the Board to consider a separate $8,000,000 bond issue for constructing a natatorium when the greenspace bond referendum is presented to the voters on May 2, 2000. The cost per household for constructing a natatorium of this size will be approximately $8.45 per year over a period of 20 years. Mr. Alan Toll, a local attorney and former coach at New Hanover High School, commented on being involved in the process for more than two years, and said the supporters need time to circulate petitions throughout the community to show the amount of support for the project. He also informed the Board that discussion has been held about establishing a trust fund to assist with funding the operational costs of the natatorium. He requested the Board to allow the committee to circulate the petitions and bring them back to the Commissioners in February. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 713 Discussion followed on whether there was ample time to consider placing the natatorium as a separate issue on the green space bond referendum to be held on May 2, 2000. County Attorney Copley reported that it would be helpful to Staff if the information was provided in time for the Board to make a decision on February 7, 2000. The Commissioners will have to decide on how much debt to ask voters to approve before presenting final figures to the Local Government Commission. Once figures are submitted to the Local Government Commission, the amount of the bond issue can be reduced but not increased. After discussion of the bond issues being two separate items on the ballot and the application having to be filed to the Local Government Commission by February 21,2000, the Board concluded that petitions of support would have to be presented to the Commissioners by February 7, 2000, at which time a decision will be rendered on the proposed bond issue. APPROVAL OF CONTRACT FOR NORTHEAST BRANCH LIBRARY AND APPROVAL OF RELATED BUDGET AMENDMENT #00-0089/2000-35 Project Engineer, Greg Thompson, reported that bids have been received for the general contract for the Northeast Branch Library. The low bidder was Hale Contractors. The amount of the base bid is $1,334,400. Also, the Board is requested to approve the following alternate bids: •Alternate 1 in the amount of $94,000 for uplift of Rooms 301, 303, 304, 305, and 306. •Alternate 2 in the amount of $3,000 for two additional book drop devices. •The total contract award is $1,431,400, including Alternates 1 and 2. In concluding his remarks, Project Engineer Thompson advised that awarding the contract to include the alternates in lieu of bidding these items separately at a later date. Assistant County Manager, Patricia A. Melvin, presented the following budget information: REVISED BUDGET: Revenues Contributions $ 940,000 Federal & State Grants 80,000 Interest 0 Sale of Land 550,000 Proceeds from COPS 3,700,000 Appropriated Fund Balance 70,098 Total $5,340,098 Expenditures Hannaford Building Purchase$3,000,802 Renovations 1,431,400 Architects 135,398 Administration 2,250 R. Trask-Sewer Lines 3,467 Big Sky Designs 7,800 Furnishings/Books 758,981 Total$5,340,098 ACTUAL BUDGET AS OF NOVEMBER 30, 1999: Revenues Contributions$ 54,619 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 714 State & Federal Grants 20,000 Interest (18,438) Sale of Land 0 Proceeds from COPS 2,982,394 Appropriated Fund Balance 0 Total$3,038,575 Expenditures Hannaford Building Purchase$3,000,801 Renovations 0 Architects 94,000 Administration 1,971 Sewer Lines 3,467 Big Sky Designs 7,800 Furnishings/Books 0 Total$3,108,039 Revenues under expenditures$ 69,464 Chairman Caster asked if any members of the Library Advisory Board would like to comment. Ms. Mary Hatcher, Chairman of the Library Advisory Board, said this was an exciting time for the New Hanover County Library System. She expressed appreciation to the Board of County Commissioners and the many people who have given of their time and effort to make the Northeast Branch Library become a reality. Mr. Bob Mayo, Chairman of the Northeast Library Action Committee and a member of the Library Advisory Board and Friends of the Library, said that he was proud to report that the $1,000,000 fund raising goal had been reached and exceeded by $20,000. He expressed appreciation to the members of the Committee for the time and effort given to raise these donations. Mr. Mayo commented on potential deducts to save costs in construction and he referenced the letter from Mr. Gerard B. McCabe, a Library Consultant, who feels the proposed changes in the design would be detrimental to the building. The Northeast Branch Library as designed will be a modern 40,000 square foot facility that will well serve the citizens. With the success of the fund raising campaign, the citizens of the County are getting a facility for less than $4,000,000 with a tax value of over $6,000,000. He urged the Board to approve the contract in the amount of $1,431,400 to include Alternates 1 and 2 with no deducts. Ms. Jane Freeman, Chairman of the Northeast Library Fund Raising Campaign, said it was a pleasure to present a check in the amount of $300,000 as the first payment toward the Northeast Branch Library project. She expressed appreciation to the members of the Committee for the time and effort given to accomplish their goal. Vice-Chairman Greer congratulated Ms. Freeman and the members of the Committee for performing an outstanding job in raising the $1,000,000 commitment. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to award the low bid to Hale Contractors in the amount of $1,431,400, without any deducts and including Alternates 1 and 2; approve the associated budget amendment; authorize Staff to move forward with the project as soon as possible; and authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion followed on the lease with UNCW. County Manager O’Neal reported that the lease agreement with UNCW should be completed within the next two weeks. He informed the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 715 Board that UNCW will pay $750,000 over the term of the lease which will benefit the County and the University. # 00-0089/2000-35-General Fund/Northeast Branch Library AdjustmentDebitCredit General Fund: Library: Supplies$35,000 Capital Outlay Equipment$25,000 Appropriated Fund Balance$70,098 EZ-LSTA Grant$60,000 Transfer To Capital Projects$70,098 Northeast Branch Library: EZ-LSTA Grant$60,000 Sale of Fixed Assets$50,000 Operating Transfers In$70,098 Capital Project Expense$120,098 Contribution From Friends of the Library$ 60,000 Purpose: To budget adjustments for the Northeast Branch Library due to the bid process and $60,000 technology grant in capital projects. An additional budget amendment will be required when figures are established for coffee kiosk and UNCW space. ADOPTION OF RESOLUTION REQUESTING ASSISTANCE BY THE HONORABLE JAMES B. HUNT, JR., ON THE TIMELY FUNDING AND COMPLETION OF THREE PRIORITY ROADWAY PROJECTS County Manager O’Neal reported as the result of a meeting held with community leaders, U. S. Representative Mike McIntyre, officials from the Federal and State Department of Transportation and Ms. Louise McColl, a member of N. C. Board of Transportation, it was decided that the City Council and Board of County Commissioners should adopt similar resolutions to request Governor Hunt to assist with securing funding from the federal government to complete the Smith Creek Parkway and Independence Boulevard Extension projects as well as the widening of Kerr Avenue. Due to the importance of these projects within the context of the area’s total transportation needs, the resolution is requesting an opportunity to meet with Governor Hunt, Secretary McCoy and members of the Board of Transportation to discuss this urgent matter. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution as presented and authorize Chairman Caster to sign a joint letter with Mayor David L. Jones to be forwarded with both resolutions to Governor Hunt. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 29. BREAK Chairman Caster called a break from 7:40 p.m. until 7:58 p.m. ACCEPTANCE OF UPDATE REPORT ON DRAINAGE PROJECTS County Engineer, Wyatt Blanchard, presented a status report on the following drainage projects: Runnymeade: • Difficulty is being experienced with obtaining the necessary easements. The State Department of Correction will not allow prisoners to work without signed easements. Also, a letter was received this morning from the U. S. Army Corps of Engineers informing NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 716 the County that removal of existing root mat or cutting into streams and ditch banks would not be allowed. Hidden Valley/Crosswinds: • No additional work has been performed on the project. After a review of several letters from the residents, it appears they are not willing to pay for the full cost of the project. Preparation of Comprehensive Drainage Regulations: • Staff has prepared issues for Dickson, Inc. to evaluate. Commissioner Birzenieks expressed concern for not being able to obtain the needed easements from the residents, and he suggested asking Staff to prepare a list of names so they can be made available to the public and residents living in these areas. Commissioner Davis spoke on being frustrated about the letter received from the Corps of Engineers that cautioned the County about removal of existing root mat or cutting into stream and ditch banks when performing the snag and drag projects. He said between property owners who are not willing to grant easements for workers to cross their property to clean ditches and the warning from the Corps of Engineers, it appears almost impossible for the County to move forward with these projects before the next hurricane season. He expressed concern for one government agency working against another when they both should be working together to help resolve the flooding problems. After further discussion, the Board requested Staff to continue to try to obtain the easements and prepare a list of persons living in neighborhoods who are not willing to provide an easement so these names can be released to the public. Chairman Caster informed the Board that Ms. Sharon Mathis had contacted him before the meeting about an opportunity to speak on a drainage problem occurring on Heritage Park Drive. He said that Ms. Mathis was present and would like to speak. Ms. Sharon Mathis, a resident of 233 Heritage Park Drive, expressed appreciation to the Board for allowing her to comment. She reported that her home floods two or three times a year during heavy rainfalls due to drainage problems from Airport development. After contacting the Airport, N. C. Department of Transportation, and New Hanover County about this problem for the past two years, no assistance has been received. She requested the Board to check into this matter so these drainage problems can be resolved. After discussion, the Board requested County Manager O’Neal to check into this matter and report back to the Board. AUTHORIZATION FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT TO BEGIN NEGOTIATIONS A WITH JACOBS ENGINEERING FOR WASTEC CAPITAL PROJECTS Mr. John Hubbard, Plant Manager of the WASTEC Facility, requested the Board to allow Staff to enter into price negotiations with Jacobs Engineering of Cary, North Carolina, for engineering services on four major projects at WASTEC. The projects include: (1) Replacement of the electrostatic precipitators on Boilers 1 and 2 with baghouses; (2) partial retubing of Boiler 1 or 2; (3) upgrade of the constant emissions monitoring system; and (4) installation of an activated carbon injection system on Boiler 3. Mr. Hubbard advised that the total estimated cost of the four projects is $2,045,000. Funding in the amount of $339,800 has been included in the FY 1999-2000 Budget for the capital projects and a rollover of $471,678 from the FY 1998-1999 Budget has been appropriated toward payment of the projects. The baghouse construction cost is estimated at $1,515,000 and this expenditure will be paid through installment payments. He requested the Board to authorize Staff to begin the negotiation process for these projects. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 717 Chairman Caster asked which projects had to be completed to comply with new air pollution control regulations. Mr. Hubbard responded that upgrading the constant emissions monitoring system and installing an activated carbon injection system to Boiler 3 had to be completed by November 2000. The cost for both projects is $180,000. Vice-Chairman Greer expressed concern for approving these projects when no decision has been made by the Board on the best way to manage solid waste disposal in New Hanover County. County Manager O’Neal explained that the Solid Waste Advisory Board was in the process of preparing recommendations for the most efficient way to handle solid waste. A presentation should be made to the Board within a few months. However, the Environmental Management Staff is requesting the Board to authorize them to enter into price negotiations with Jacobs Engineering. All contracts will have to be approved by the Board. Commissioner Birzenieks commented on the firm of RMT, Inc. in Greenville, South Carolina, who are experts in the field of solid waste, and he suggested contacting this company for advice. Motion: After further discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to authorize Staff to contact RMT, Inc. regarding the most effective way to manage solid waste and to authorize the Environmental Management Staff to enter into price negotiations with Jacobs Engineering of Cary, N. C., to provide engineering services for the four major projects at the WASTEC Facility with final approval of each contract by the Board of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONDEMNATION OF PROPERTY FOR CONSTRUCTION OF SPRING BRANCH SEWER INTERCEPTOR County Engineer, Wyatt Blanchard, reported that Staff has been working with the son of Mrs. Thelma Robbins to acquire an easement for the Spring Branch Interceptor that will cross her property on North Kerr Avenue. The easement is 1.7 acres with the location being in or adjacent to wetlands. Placement of the sewer line will increase the property value. Staff has made an offer of $4,050, which is the actual tax value of the entire 26 acres; however, the owner is requesting much more and Staff feels this is an unreasonable price. County Engineer Blanchard requested the Board to adopt a resolution to authorize the New Hanover County Water and Sewer District to proceed with condemning the property to obtain the required easements. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt a resolution authorizing the New Hanover County Water and Sewer District to proceed with condemnation of the necessary easements across the Thelma W. Robbins property, Tax Parcel No. RO4200-002-012-000, Deed Book 1637, Page 1523, New Hanover County Registry. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 29. ADOPTION OF RESOLUTIONS FOR SALE OF GENERAL OBLIGATION BONDS FOR NEW HANOVER COUNTY SCHOOLS AND CAPE FEAR COMMUNITY COLLEGE Finance Director, Bruce Shell, requested the Board to adopt a Bond Resolution to sell $55,000,000 of Schools Bonds and $14,000,000 of Cape Far Community College Bonds. The Local Government Commission has scheduled the sale for January 25, 2000. The County will receive the proceeds in early February. The remaining school bonds in the amount of $56,000,000 and $14,300,000 for Cape Fear Community College are anticipated to be sold next fall. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 718 Finance Director Shell also requested the Board to adopt a Reimbursement Resolution to provide legal flexibility for reimbursement to the County for bond expenditures to be paid from future bond proceeds. Chairman Caster requested a motion for adoption of the Bond Resolution. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a Bond Resolution to authorize the sale of $55,000,000 of School bonds and $14,000,000 of Cape Fear Community College bonds. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster requested a motion for the adoption of a Reimbursement Resolution. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a Reimbursement Resolution to provide legal flexibility for reimbursement to the County for bond expenditures to be paid from future bond proceeds. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 30. PUBLIC HEARING TO CONSIDER A REQUEST FROMHOWARD CAPPS FOR ISSUANCE OF A SPECIAL USE PERMIT TO ESTABLISH A CHILD DAY CARE FACILITY ON SOUTH COLLEGE ROAD (S-451, 12/99) Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Howard T. Capps Arnold Sobol Mary Evelyn Wilson Daniel Wallace John Bauerlein Ron Schnell Joy Lewis Robert C. Sanders Charles Ferrara Palmer Brown Pam DeSelms Vayden Sutton Planning Director Dexter Hayes reported that the Planning Board voted unanimously to approve the Special Use Permit for a Child Day Care Facility under the conditions that the petitioner revise the site plan to have only one entrance on South College Road with a deceleration lane. The petitioner must also provide a solid wooden fence 6 feet high with two rows of landscaping along the Woods Edge Subdivision side of the parking area. The Planning Board also recommended that with the exception of minimum security lights, all other outside lights must be turned off at 10:00 p.m. Planning Director Hayes entered the following findings into the record as per the proposed site plan: 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: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 719 A.The site will be served by City water and County sewer. B.The site is located in the Myrtle Grove Volunteer Fire Department. C.Access to and from the site is proposed on College Road. College Road is classified as an arterial road by the New Hanover County Thoroughfare Classification Plan. 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 subject property is zoned R-15. A child day care facility is permitted by Special Use Permit in all residential zones, subject to the dimensional requirements of the district. B.A site plan has been submitted which meets all of the requirements of the Zoning Ordinance. 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.The surrounding land use is residential and the surrounding zoning is R-15 B.Elementary School use is permitted in all residential zones as shown in Section 50.5 (Table of Permitted Uses) in the New Hanover County Zoning Ordinance. C.A retention pond is shown on the southern end of property for storm drainage. 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 of New Hanover County based upon the following findings: A.The primary use in the area is residential, with other institutional uses located nearby. B.Other schools and day care facilities are located in residential areas throughout the County. Planning Director Hayes presented the following recommendations of Staff: •Staff recommends that the petitioner work with the adjacent property owner to the rear of the site to secure a pedestrian access to the site. •In order to eliminate driveways on College Road, the petitioner should negotiate an access from Greenbriar Road through the property owned by Maurice Emmart (Parcel 5). Crossovers are located south of the site at Greenbriar Road and north of the site at Hidden Valley Road. •Sign easements are not permitted in front of lots to advertise off-premise projects except during construction. Temporary off-premise signs are permitted provided the signs do not exceed 3 square feet and are no more than 4 feet in height. Commissioner Davis asked if each concern has been addressed. Planning Director Hayes responded that the access issue has not been resolved. Commissioner Davis asked if drainage had been addressed. Planning Director Hayes stated that drainage in the area would not be worse because of the project. Staff feels the most viable option is to accomplish additional access off Greenbriar Road, which will require the developer to purchase additional property from Mr. Maurice Emmart, who is not interested in selling the property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 720 Commissioner Howell asked if the project would improve drainage in the area. Planning Director Hayes responded currently there is no drainage system; therefore, a retention pond would capture some of the stormwater runoff from the surrounding area. Chairman Caster asked if the petitioner would like to speak. Mr. Howard T. Capps, representing the property owner, Dr. Arnold Sobol, reported that the project includes an elementary school by right and a day care facility. Slides were presented showing an example of an Early Childhood Learning Center and the location of the proposed site to the north, south, east and west. Mr. Capps said after contacting Mr. Emmart to discuss acquiring additional land, Mr. Emmart said he was not totally opposed to selling the property, but he was concerned about how the neighbors felt about an access via Greenbriar Road. Mr. Capps informed the Board that the plan had been revised to show the deceleration lane, and the location of parking on the front and southern part of the site away from the retention pond. On the left side of the site, there are houses approximately 180 feet from the edge of the school facility. There is one house located 145 feet from the edge of the parking lot. The Planning Board expressed concern for the parking lot view and required planting a 2-row buffer of leyland cyprus 8 to 10 feet high as a natural protection to the neighborhood. Due to concerns by the neighbors about traffic, a local traffic engineer was hired to review the impact of the facilities on South College Road. The critical issue is the peak hours of traffic. During the morning peak hours, there would be an increase of less than 3 cars per minute and during afternoon peak hours, the impact would be less than 2 cars per minute. With 22,000 vehicles traveling College Road per day, this increase represents an impact of less than 4% from both facilities. In closing, Mr. Capps said the petitioner has tried to provide a site plan that will be in the best interest of the area. The proposed plan will not injure the public health or safety, the site will not injure environmentally sensitive areas, the use meets all zoning requirements, elementary schools are permitted by right, and pre-schools are permitted by Special Use Permit. The 13 classrooms will be provided to the area at no cost to taxpayers, and improvements to the land will increase the tax base. The plan is in harmony with the area and additional buffering and fencing will be placed on the site to protect the neighborhood. In concluding the presentation, Mr. Capps offered to answer any questions, and he requested the Board to grant the Special Use Permit for location of a day care center on the site, which will benefit the entire area. Chairman Caster asked Mr. Capps if the petitioner agreed with the findings as presented by the Planning Director. Mr. Capps stated the petitioner concurs with the findings as presented. Chairman Caster asked if any other persons sworn-in by the Clerk to the Board would like to present testimony. Ms. Mary Evelyn Wilson, representing the Early Childhood Learning Center, informed the Board that this was a private pre-school that has provided quality child care for a number of years. The school has been nationally accredited for the past five years and it will benefit the entire area. She requested the Board to grant the Special Use Permit. Mr. Daniel Wallace, Vice-President of Real Estate Development for Noble Learning Communities, Inc., the parent company of the Early Childhood Learning Centers, spoke on the company wanting to be good neighbors, and he said all buffering and other requirements will be met. He also noted that a small soccer field will be provided at the school. Mr. Vayden Sutton, a resident of 865 Greenbriar Road, spoke on already having a retention pond in his yard when it rained. He strongly objected to granting a Special Use Permit for a day care NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 721 facility because this use will only increase drainage problems in the area. After living in Greenbriar Subdivision for 15 years, the County sewer is not available to the residents. During heavy rainfalls, people park in his yard because they cannot drive down the street. He urged the Board to address drainage issues before permitting a day care facility that should be located in a business area, not near residential areas. Mr. Ron Schnell, a resident of Woodduck Lane, reported that residents are not opposed to development that makes sense; however, they are opposed to a use that will create more traffic, impact existing drainage problems, and create a safety problem for children playing in the neighborhood. To increase traffic by approximately 4% will cause more accidents and make the neighborhood less safe for children to play and ride their bicycles. Also, a soccer field will require lighting that will be a nuisance to adjacent property owners. He urged the Board to consider the neighborhood and deny the Special Use Permit request. Mr. Robert Sanders, Vice-Chairman of the Greenbriar Homeowners Association, said the residents are opposed to placing a day care facility in this location. College Road is an extremely dangerous road to travel and placing another u-turn on this road will only increase the number of accidents. He also expressed concern for the proposed facility being provided City water and County sewer when the residents in Greenbriar cannot flush a toilet on the ground floor and they have paid taxes for a number of years. He urged the Board to deny the request. Ms. Joy Lewis, a resident of Foxwood Lane, said she moved into the neighborhood because it was an area where children could play in the street. With continued encroachment of commercial uses in this area, it will be impossible for residents to turn right onto College Road. She urged the Board to think about the residents living in Greenbriar and Woods Edge Subdivision before approving a request that will destroy the quality of life in these communities. Mr. Charles Ferrara, a resident of 5713 Wood Duck Circle, expressed concern for the traffic and stated approval of the school and day care facility will only exacerbate the problem. He stated that residents of surrounding neighborhoods will be negatively impacted by the location of both facilities. He urged the Board to deny the request. Ms. Pam DeSelms, a resident of 830 Billmark Drive, informed the Board that her house floods in the front and backyard after a heavy rainfall. The septic tank does not function and the drinking water well has been re-drilled three times. She stated that she is employed by the United Advent Church Day Care Center across the street that accommodates 85 children. She requested the Board to consider the traffic on College Road, poor drainage in the area, and the fact that a day care center is located across the street before permitting another facility. She urged the Board to deny the request. Mr. Palmer Brown, an attorney representing the Woods Edge Homeowners Association, commented on the evidence presented and stated the findings clearly show that the proposed use will not be in harmony with the area. He noted that since 1969, this area has been zoned for residential uses. The location of a day care facility will increase traffic on College Road, create more flooding, and negatively impact the value of adjoining properties. He urged the Board to deny the request and protect the surrounding neighborhoods from further commercial encroachment. Chairman Caster closed the Public Hearing. Commissioner Davis complimented Mr. Capps for presenting an excellent site plan but stated due to existing traffic, drainage, and the adverse impact on the neighborhood he could not vote for approval of the Special Use Permit. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner to Davis to DENY granting a Special Use Permit to Howard Capps for locating a child day care facility between Greenbriar and Woods Edge Subdivision based upon the evidence presented concluding that access to and from the facility would cause dangerous traffic movements, thereby endangering the public health and safety; the proposed use would increase traffic, noise, and create a potential drainage NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 722 impact that could adversely affect property values; and the proposed site is not in harmony with residential subdivisions surrounding the property. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order denying the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book III, Page 4. PUBLIC HEARING TO CONSIDER A REQUEST FROMHENRY HAWTHORNE AND CLARENCE ALFORD FOR A SPECIAL USE PERMIT FOR A COMMUNITY BOATING FACILITY Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Henry Hawthorne Planning Director Dexter Hayes reported that the Planning Board voted unanimously to approve a Special Use Permit for a community boating facility subject to the petitioners revising the plan to provide space for only 5 boats. Planning Director Hayes entered the following findings into the record: 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 subject property is served by City water and County sewer. B.The site is located in the Seagate Volunteer Fire Department District. C.Access to the proposed pier is through a 10-foot pedestrian access easement between parcels 2 and 3 on the site map. 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 subject property is zoned R-20 and the land classification is Conservation. Community boating facilities are permitted by Special Use Permit in the R-20 zone. B.The Zoning Ordinance requires that the petitioner must demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. C.Off-street parking must be provided on site at one space per boat slip, or on nearby residential lots. D.The number of boat slips must not exceed the number of residential lots or dwelling units within the associated development. E.The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. F.Commercial activities, including, but not limited to the sale of gasoline, oil, marine supplies and foodstuffs, shall be strictly prohibited. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 723 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.The surrounding land use is residential. The surrounding zoning is R-20 B.Several of the residences have existing private residential piers. 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 of New Hanover County based upon the following findings: A.Provided that the proposed facility does not encroach on the riparian rights of other surrounding properties and that access to Hewlett’s Creek is not obstructed, the plan appears to be in keeping with the existing area. B.New Hanover County land use policies encourage the consolidation of riparian access. Chairman Caster asked if the petitioner would like to speak. Dr. Henry Hawthorne requested the Board to grant the Special Use Permit as recommended by the Planning Board. Chairman Caster asked Dr. Hawthorne if he agreed with the findings as presented by the Planning Director. Dr. Hawthorne concurred with the findings as presented by the Planning Director. Since no opposition was present, Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to grant the Special Use Permit subject to space for 5 boats as recommended by the Planning Board and based upon the evidence and findings of fact 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 property 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 III, Page 3. MEETING ADJOURNED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 10:50 p.m. Chairman Caster reconvened to Regular Session at 10:56 p.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Absence of Chairman Caster at Regular Meeting of March 27, 2000 Chairman Caster announced that he would not be attending the March 27, 2000, meeting because he would be on vacation. He requested Vice-Chairman Greer to chair the meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, JANUARY 3, 2000 PAGE 724 Discussion of Holding a Joint Meeting with the Wilmington City Council and Holding Breakfast Meetings with the Beach Communities Chairman Caster informed the Board that he would contact Mayor David Jones about scheduling a joint meeting with the Wilmington City Council to discuss items of mutual interest. Vice-Chairman Greer agreed and also suggested scheduling breakfast meetings with the beach communities to discuss items of mutual interest. Consensus: It was the consensus of the Board to schedule breakfast meetings with the beach communities. Ratification of Acceptance of Real Property Donation by David E. Taylor and Pamela A. Taylor Assistant County Manager, Dave Weaver, reported that two marshland parcels adjacent to the River Road Park have been offered by David E. Taylor and Pamela A. Taylor. The tracts are comprised of approximately 42.45 acres, and the site has no environmental concerns. The grantors will accept and retain an ingress and egress easement over the donated land in order to access a river island that is not part of the gift to New Hanover County. When the offer was made, each County Commissioner was contacted via phone to see if the Board wanted to accept the donation; however, a formal ratification of the acceptance must be officially recorded into the minutes. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to ratify the acceptance of the two marshland parcels adjacent to River Road Park by David E. Taylor and Pamela A. Taylor with the understanding that the grantors will accept and retain an ingress and egress easement over the donated land in order to access a river island. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11:15 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board