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1998-02-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 308 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 2, 1998, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; 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 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 anyone from 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. No items or comments were received. APPROVAL OF CONSENT AGENDA Chairman Caster requested removal of Consent Agenda Item 10. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to remove Consent Agenda Item 10 and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The County Commissioners approved the minutes of January 5, 1998, as presented by the Clerk to the Board. Authorization for the New Hanover County Cooperative Extension Service to Submit a Grant Application to the Community Health Improvement Program of New Hanover Regional Medical Center (CHIP) The Commissioners authorized the New Hanover County Cooperative Extension Service to submit a grant application to the Community Health Improvement Program in the amount of $25,000 to develop the “Ability Project” for individuals with physical disabilities or limitations. If the grant is awarded, authorization was given to approve the associated budget amendment and authorize the Chairman to execute the agreement. The program will introduce basic horticulture principles and barrier-free gardening concepts to Master Gardener and Arboretum volunteer participants. The project will be developed and supervised by North Carolina Cooperative Extension Service personnel. Approval of Six (6) Deputy Positions to Serve as Resource Officers in the Middle Schools and Approval of Associated Budget Amendment #98-0109 The Commissioners approved six (6) Deputy positions in the Sheriff’s Department to serve as Resource Officers in the Middle Schools. The Board of Education will reimburse the County for ten months of salaries, and the Sheriff’s Department will absorb the remaining two months in the current year’s budget. The deputies will be employees of the Sheriff’s Department. Budget Amendment #98-0109 - Sheriff/Administration DebitCredit Sheriff/Administration Contribution from Schools$78,694 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 309 (Budget Amendment #98-0109 continued) Debit Credit Salaries & Wages$54,392 FICA 4,160 Retirement 2,685 401(k) Retirement 2,717 Medical Insurance 7,912 Uniforms 3,414 Departmental Supplies 3,414 Purpose: To budget contribution from the School System for the six deputy positions. Adoption of Resolution Awarding Bid #98-0200 ( Contract #98-0200) to Coastal Brokerage, Inc. for the Purchase and Installation of Four Manufactured Homes The Commissioners adopted a resolution awarding the bid to Coastal Brokerage, Inc., the lowest responsible bidder, in the amount of $177,448 for the purchase of four (4) double-wide manufactured homes to be installed in the Kirkland Community through the Community Development Block Grant program. The manufactured homes will be occupied by elderly residents whose houses cannot be cost-effectively renovated. Relocation was not considered as a viable option due to the age of the participants. Only federal money will be involved in the project. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 15. Adoption of Resolution Approving a Contract( #98-0041) with Vision Software, Inc., for Donation of Software Products and Approval of Associated Budget Amendment #98-0106 The Commissioners adopted the associated budget amendment and resolution awarding a contract to Vision Software, Inc. for the donation of software products in the amount of $186,680 for the Consolidated Records Information Management System (CRIMS) in the Sheriff’s Department. This item was previously bid, but all bids were rejected at the September 2, 1997 meeting because one bid exceeded funds available and the other bid did not comply with the specifications as written. Since that time, Vision Software, Inc. has offered to donate the software for CRIMS with the County incurring the conversion charges of $45 per hour not to exceed $13,500 and training sessions at $300 per class for twelve persons. Budget Amendment #98-0106 - CRIMS Upgrade - Sheriff’s Department DebitCredit Sheriff’s Dept. - CRIMS Upgrade Donations from Vision Software $186,680 Capital Outlay$186,680 Purpose: To amend the budget to reflect the donation of software from Vision Software, Inc. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 15. Authorization to Submit a Juvenile Justice Grant Application to Implement Programs for Youth in Dove Meadows The Commissioners authorized filing of a grant application through the Governor’s Crime Commission in the amount of $74,262 for implementation of programs through the Brigade Boys & Girls Club to provide positive role models and self-esteem activities for youth in Dove Meadows. No County funds are involved, and the grant will flow through a County escrow account with the County being responsible for fiscal control of the funding. If the grant is awarded, the County Manager is authorized to execute the grant documents as the designated County official. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 310 Approval of New Hanover County Net Use Policy The Commissioners adopted a New Hanover County Net Use Policy for the use of e-mail and Internet. It was felt that it would be prudent to establish a policy for using the New Hanover County Network, which includes Internet and the N. C. Integrated Information Network. A copy of the policy is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 15. Adoption of Resolutions to Add Roads to the State Highway System The Commissioners adopted resolutions to add Snapper Lane of Wilmington Beach and roads in the Vineyard Green Subdivision to the State Highway System. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 15. Appointment of Patti White to Serve on the Child Fatality Prevention Team - Health Department The Commissioners appointed Patti White to serve on the Child Fatality Prevention Team. The vacancy was advertised in January and only one application was received. Approval of Budget Amendment #98-27 - Controlled Substance Tax Capital Project The Commissioners approved the following budget amendment: DebitCredit Controlled Substance Tax Capital Project Controlled Substance Tax$6,452 Capital Project Expense$6,452 Purpose: To increase budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #98-0100 - Hurricane Preparedness - Emergency Management Department The Commissioners approved the following budget amendment: Debit Credit Hurricane Preparedness FEMA-Federal$100,000 Contracted Services$100,000 Purpose: To increase the budget for FEMA reimbursable items. As of this date, $131,403 has been received in FY 1997-98 with no funding budgeted. Part of this funding will be used to contract for the removal of debris from sewer line rights-of-way. Approval of Budget Amendment #98-0107 - Health Department WIC Program The Commissioners approved the following budget amendment: Debit Credit WIC Immunization State Grant$7,841 Contracted Services$7,000 Departmental Supplies 841 Purpose: To budget a one-time State grant for immunization screening and referral activities. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 311 Approval of Budget Amendment #98-0108 - Child Health Grant - Health Department The Commissioners approved the following budget amendment: Debit Credit Health/Child Health State Grant$5,000 Contracted Services$2,500 Departmental Supplies 700 Capital Outlay - Equipment 1,800 Purpose: To budget a one-time State grant to expand Health Check services to children through age 20. Authorization to Submit a Gang Task Force Grant Application to the Governor’s Crime Commission The Commissioners authorized the filing of a Gang Task Force Grant application to the Governor’s Crime Commission. If the grant is awarded, the funds will be used by the Sheriff’s Department in conjunction with the Wilmington Police Department to establish a Gang Task Force. The Task Force will be comprised of three (3) Wilmington City Police officers and two (2) Deputies that will operate under the authority of the Wilmington City Police Department to monitor all gang activity throughout the County. No County funds are required. APPROVAL OF CONSENT AGENDA ITEM 10, CONSIDERATION OF WAIVING TIP FEES FOR THE AMERICAN LEGION POST 10 TO DISPOSE OF DEMOLITION MATERIALS FROM THE OLD AMERICAN LEGION BUILDING Chairman Caster advised that a member of the American Legion Post 10 wrote a letter requesting a waiver of tip fees at an estimated cost of $8,000 to dispose of demolition materials from the old American Legion Building. Staff recommended denial of the request because the County typically does not waiver tip fees for non-profit activities. Chairman Caster requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to approve waiver of tip fees to the American Legion Post 10 for disposal of demolition materials from the old American Legion Building at an estimated cost of $8,000. Commissioner Davis spoke in favor of the request and stated he was proud that his father was a veteran. Unfortunately in today’s society, veterans do not receive the consideration and respect deserved. Chairman Caster reported on the infrequency of waiving tip fees and stated he felt if this request was approved, it would open the door for other non-profit agencies to make similar requests; therefore, he could not vote in favor of the waiver. Commissioner Birzenieks spoke in favor of the request and stated without veterans and their personal sacrifices, Americans would not have the freedom they have today. MOTION TO APPROVE Chairman Caster called for a vote on the waiver of the tip fee to the American Legion Post 10 for disposing of materials from demolition of the old American Legion MOTION CARRIED AS FOLLOWS: Building. Upon vote, the Voting Aye:Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Greer Voting Nay: Chairman Caster NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 312 RECOGNITION OF AMANDA GOTTHARDT AS WINNER OF THE HUMAN RELATIONS THEME Chairman Caster, on behalf of the Board, presented a plaque to Amanda Gotthardt for being selected the winner of the Human Relations Month theme, which reads as follows: “Let’s Come Together and Make a Difference for our Future.” Pictures were taken of Ms. Gotthardt and members of her family. A round of applause was given to Amanda. PRESENTATION AND ACCEPTANCE OF THE ANNUAL REPORT OF THE NEW HANOVER HUMAN RELATIONS COMMISSION Director of Human Relations, Anthony Wade, presented the Annual Report of the New Hanover Human Relations Commission. The report is a reflection of the fact that the Human Relations Commission has worked to validate the public trust and faith placed in the Commission. The continuing support of the County Commissioners and County Administration have greatly benefitted the program. Director Wade introduced the former Chairperson of the Human Relations Commission, Ms. Bessie Funderburg. Ms. Funderburg advised that she had been requested by Dr. Jack Manock to present the Annual Report since he could not attend the meeting. She requested the Board to accept the report as presented and stated the purpose of the Human Relations Commission was to protect the civil rights of all citizens and promote harmony in the community. Appreciation was expressed to the Board for support of the Human Relations Commission. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to accept the Annual Report as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster requested Director Wade to briefly discuss the National Coalition Building Institute dialogue program that was being held in New Hanover County on February 14, 1998. Director Wade advised the New Hanover Human Relations Commission will hold the National Coalition Building Institute forum on the UNCW Campus on February 14, 1998, from 9:00 A.M. until 3:00 P.M. The purpose of the program is to focus on how we can build a better community through communication thereby increasing our sensitivity and awareness to all groups of people in the community. Elected officials, educators, business leaders, and members of the media will be invited. He expressed appreciation to the Board of County Commissioners for scheduling the forum. ADOPTION OF PROCLAMATION DECLARING FEBRUARY 1998 AS “HUMAN RELATIONS MONTH” IN NEW HANOVER COUNTY “Human Relations Chairman Caster read a proclamation declaring the month of February as Month” in New Hanover County. He requested a motion to adopt the resolution, and he encouraged all persons to attend the events during the month of February. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt the “Human Relation Month” proclamation as read and declare February 1998 as in New Hanover County A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 15. PRESENTATION OF RESOLUTION IN MEMORIAM TO MEARES HARRISS, JR. A FORMER MEMBER OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS Chairman Caster read a resolution in memoriam to Meares Harriss, Jr., a former member of the New Hanover County Board of Commissioners. He requested a motion for adoption of the resolution. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 313 Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to adopt the resolution as read. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster, on behalf of the Board, presented the resolution to Mrs. Mary Harriss in recognition of the public service given to New Hanover County by former County Commissioner Meares Harriss. Mrs. Harriss expressed appreciation for this recognition and stated that Mr. Harriss enjoyed serving on the Board of County Commissioners. PRESENTATION BY CHURCHILL ESTATES HOMEOWNERS CONCERNING A HOUSING DEVELOPMENT PROJECT Planning Director, Dexter Hayes, reported the plan originally approved in March 1987 consisted of a combination of single family lots, detached housing, and multi-family housing. The request was for construction of 504 units on the tract of land. The Planning Board, at that time, approved the high density development for construction of 260 units. The majority of development has been construction of 50 single-family dwellings along Jason Lane and Cheryl Lane. A multi- family section was approved on Reed Court, called Heathfield Hall, in the northeast corner of the property. This project consisted of 36 townhouse units with 24 units completed and one building to be constructed. In November 1996, a revised preliminary plan was submitted by G & F Construction Company to change the name for a portion of the property to Deer Brook. This revision was for construction of the balance of the project and consisted of 150 attached dwellings and 24 single- family units. Some of the multi-family dwellings are presently under construction, but have not been recorded. Since 1987, the developer has kept the project active by bringing in sections or phases of the overall project. The County allows the project to remain active if portions are submitted at interim periods. Chairman Caster requested Planning Director Hayes to explain the changes that have occurred since this project was approved. Planning Director Hayes responded that two major changes had been made in the zoning regulations: (1) a Special Use Permit must be approved by the Board of County Commissioners for all high density projects; and (2) high density projects are not permitted on major thoroughfares or aerials, such as North Kerr Avenue. Commissioner Howell asked if any major changes had been made in the original plan? Planning Director Hayes responded that staff does not feel any major changes have been made in the revisions to the plan because the number of units were not increased, the amount of acreage did not change, and the traffic circulation was not changed. County Attorney Copley advised the developer obtained the necessary permits and met all conditions and requirements for the high density project before zoning regulations were changed; therefore, the developer has a vested right and legally can proceed with the high density development. If the County should try to nullify the permit, a legal liability will be incurred by New Hanover County because the development was approved and vested before the zoning ordinance was changed. The County would be liable for the money expended by the developer, including the purchase the land. Mr. Arthur J. Jecha, 828 Grathwol Avenue, presented a petition of over 200 signatures, and he requested the Board of County Commissioners to stop the high density construction in Deer Brook. He requested all homeowners present to stand-up, and he presented pictures of Deer Brook with copies of the original plat approved in March 1986. The revision to the plan was submitted in February 1987 with approval of the revised plan on March 23, 1987. The plan called for fourteen buildings, five units per building, for a total of 70 units. This did not include all of Churchill Estates, only that unimproved tract of land (now known as Deer Brook). The developer filed another preliminary plan changing from 70 low density units to 168 high density units to be NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 314 constructed on the same parcel of land. The homeowners are opposed to the revised plan for the following reasons: (1)Traffic Hazard to the General Public: The proposed project is in a high density area with 168 to 200 automobiles that will merge onto Grathwol Drive at the rush hour along with 200 other vehicles driven by residents living in Churchill Estates and surrounding subdivisions. To allow additional traffic from these units will create a traffic hazard to the traveling public at the ingress and egress from Kerr Avenue into Churchill Estates where Deer Brook is located. (2)Residents Deprived of Constitutional Rights: The change from a low density plan, filed originally in 1987 by Mr. Bill Grathwol, to a high density plan filed in 1996 allowed for the proposed high density project because the plan was grandfathered in. When inquiring about the number of units to be placed in Deer Brook, the homeowners were informed that nothing could be done about the units to be constructed on the property because of the grandfather clause. The residents feel they have been deprived of their constitutional rights because the plan reverted back to 1987. (3)Misrepresentation by the Developer and Realtors About Future Land Uses: When purchasing lots, the homeowners were not told about future plans for high density development. The residents feel they were mislead and would not have purchased lots in Churchill Estates if the realtors and developer had informed them about the proposed high density project, which will devalue surrounding properties. Mr. Jecha asked County Attorney Copley if the residents were denied their constitutional rights by not having a voice in what was going to be placed in the subdivision in 1997? County Attorney Copley sympathized with the residents, but stated from a legal aspect, the County regulations were met when the project was originally approved; therefore, when the plan was revised in 1997, the developer had a vested right. Mr. Jecha advised that Deer Book was in the 100 year flood plain and lies adjacent to Smith Creek, which is a natural resource area. On November 1, 1993, the New Hanover County Board of Commissioners adopted a Land Use Plan, which states that residential density in this type of area cannot exceed 2.5 units per acre. In closing, Mr. Jecha requested the Board to question why Mr. Grathwol sold the property in bits and pieces in 1997 to Nathan Sanders with the grandfather clause remaining in effect. If the developer is allowed to construct high density units in a natural resource area, in a 100 year flood plain, and in a high traffic area, the developer is endangering the health and public safety of the entire county. Chairman Caster asked if the developer was switching from low density to high density? Planning Director Hayes responded the original project was approved as a high density project in 1987 for 260 units. The number of units have not changed under the revisions to the plan. Mr. Monty Bombelyn, a resident of 4445 William Louis Drive, reported in 1987, it was his understanding that the project was not zoned for high density development; therefore, if it was originally zoned high density, he was totally mislead by the realtor. Planning Director Hayes responded he was not aware of how the property was marketed or presented; however, the project was approved as a high density development under County regulations. The maps and sections along Cheryl Lane and Jason Lane are recorded as high density lots. Vice-Chairman Greer asked if the builder could submit a plan and later sell the entire development? NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 315 Planning Director Hayes responded pieces of the project or the entire development can be sold as long as the sections are consistent with the original plan. Vice-Chairman Greer expressed appreciation to Mr. Jecha for making an excellent presentation. He explained that in the past, developers had the authority to place high density projects in areas without approval by the Board of County Commissioners. In 1987, the developer applied to the Planning Board and was authorized to construct 504 units on the tract of land, but the developer submitted a plan for construction of 260 units. Since that time, the current Board has realized that the approval process was not fair to property owners in many instances, and the regulations were changed to require the developer to appear before the Board of County Commissioners to obtain a Special Use Permit for a high density project. At the same time, the Board recognized that a more reasonable time frame should be specified for construction activity to occur on an approved plan. The Board changed the regulation, and now requires some form of construction activity every two years on an approved plan. Unfortunately, Deer Brook was approved before these changes occurred, and the County is not in the position to stop construction of the project. Ms. Michelle Bruce, a resident of 4447 William Louis Drive, advised that major alterations had been made to the original plan for high density development. Legally, it appears the tract of land was developed into single-family residents and now this area is being developed into high density units under the grandfather clause. The townhouses located in the neighborhood are lovely and fit into surrounding development; however, the proposed project is not multi-family dwellings, it is small apartments, which is like placing Fawn Creek in Landfall. How can a plan be changed and at the same time be grandfathered in to allow for this type of development to occur on the Deer Brook tract. Commissioner Birzenieks requested the County Attorney to clearly define the legal options for the County. County Attorney Copley responded according to North Carolina General Statutes, a vested right means the right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan or an approved phase development plan. This means that if Mr. Grathwol has sold the development to Mr. Nathan Sanders, the vested right runs with the land. From the County’s position, the site development was approved by the Planning Department and Planning Board according to County regulations; therefore, the developer has a vested right. The County will suffer a legal liability if the construction permit is revoked. Commissioner Birzenieks asked how relief could be provided to the property owners? County Attorney Copley responded the homeowners will have to hire legal counsel to pursue the matter through the courts. Discussion followed on time frame regarding construction activity. Mr. Jecha advised that no activity had occurred on the site for the past five years, and he stated if the original plan had been constructed, the residents would be satisfied; however, someone became greedy and requested the Planning Board to approve 144 units. Chairman Caster requested Planning Director Hayes to explain the meaning of construction activity. Planning Director Hayes advised that once a project is approved, the developer has two years to begin construction and the project must remain active. If there is a two-year lapse with no activity or recording of a phase or section on the property, the project would lapse. In this case, Mr. Grathwol would bring in one or two sections to keep the project active. Discussion followed on whether the plan was originally approved as a high density project. Planning Director Hayes responded the original plan approved in 1987 was high density for the entire project and has remained high density. In 1996, there was a revision to the plan regarding the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 316 attached housing around the pond, which was before the Special Use Permit process was adopted by the Board of County Commissioners. Staff feels that no major changes have occurred because the number of units remained the same, no change occurred in the traffic flow, and no change occurred in the acreage. The 1996 revision involved a final design of the drainage, which is still a circular route off Grathwol Drive. Some single lots have been reallocated along the frontage of Grathwol Drive in lieu of a lake. Staff did not feel these revisions were major changes. Mr. Steve Neal, a resident of 905 Cheryl Lane, advised the entire neighborhood had been marketed under false pretense. Many residents talked to Mr. Grathwol, and the property owners were told townhouses would be constructed in the area with a pond and rumors of a park. No discussion occurred on 260 units being crammed on the Deer Brook site. If the property owners had known about the future use of the land, the lots would have not been purchased. For the past eight years, everyone in the neighborhood has questioned what would be placed on this tract of land. The residents have been deceived about future land use and to market the neighborhood as single-family homes is not right. Commissioner Birzenieks asked if it would be possible to temporarily halt the project and request the Planning Board to determine what level of activity has occurred on the site? County Attorney Copley responded the question to answer is whether any substantial changes have occurred to the plan that would forfeit the developer’s vested right. Commissioner Birzenieks requested a definition of a substantial change. Planning Director Hayes explained the criteria outlined in subdivision and zoning regulations define a substantial change when density increases, the number of units increase, the traffic circulation is changed, or there is an increase in the acreage. These types of changes did not occur with the revisions to the plan. Commissioner Davis requested an explanation of how the plan is kept active. Planning Director Hayes advised there was an administrative procedure in place. When a preliminary plan approval occurs, all documents are stamped and dated. Each action has a recorded date. Mr. Joseph Wood, a resident of 1125 Cheryl Lane, strongly objected to placing units of 400 to 500 square feet on this land, which will be in his back yard. If the original plan had been followed, the residents would not be dissatisfied. He requested the Board to visit the area and see the size of the units. Mr. Charles Carter, a resident of Amelia Court, expressed concern for being deceived by the developer and real estate companies when purchasing homes in Churchill Estates. Approximately a year ago, he was told that townhouses would be placed on the site. To construct units 400 square feet in size in lieu of 1,500 square feet is a tremendous amount of difference in value. Traffic will greatly increase and become more of a safety hazard to children and elderly residents living in the neighborhood. Ms. Tracy Roberts, a resident of 704 Cheryl Lane, advised that homeowners had restricted covenants and stated in the first article it clearly stated that lots would be used for single-family homes. She requested the County Attorney to explain how the covenants could be disregarded. County Attorney Copley informed Ms. Roberts that New Hanover County was not involved with restricted covenants; however, the property owners may want to consider hiring an attorney to sue for enforcement of restricted covenants. The covenants were given by the developer to the purchaser. Commissioner Davis asked the County Attorney if the County had any authority or justification to temporarily stop the Deer Book project? NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 317 County Attorney Copley responded the Planning Director could go through the check list and history of the approval process to see if the developer had met all County requirements. If it was found that a regulation has not been met by the developer, the vested right would be negated. Commissioner Davis asked Planning Director Hayes if all requirements had been met? Planning Director Hayes responded all County requirements had been met by the developer. Motion: Commissioner Birzenieks MOVED to request the developers to sit down with the Planning Staff and residents of Churchill Estates to review the project and temporarily stop construction during the review period. Vice-Chairman Greer stated he would like to second the motion, but he did not feel the motion was legal. County Attorney Copley reported the Board could request Mr. Grathwol and Mr. Sanders to meet with the residents of Churchill Estates to see if some of the concerns could be resolved. Chairman Caster expressed concern for stopping the project and asked if there was a SECOND to the motion. NO SECOND WAS RECEIVED AND THE MOTION FAILED. Motion: Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to request Mr. Bill Grathwol and Mr. Nathan Sanders to meet with residents of Churchill Estates and members of the Planning Staff to discuss the details of the project to see if some relief can be provided to residents. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster expressed appreciation to the representatives of Churchill Estates for attending the meeting and presenting their concerns. BREAK Chairman Caster called a break from 7:45 P.M. until 8:05 P.M. CERTIFICATE OF APPRECIATION PRESENTED TO MS. PATRICIA MELVIN FROM PROGRESSIVE TRANSPORTATION SERVICE Chairman Caster reported that he, Vice-Chairman Greer, and Commissioner Howell attended a reception held by Progressive Transportation Service, the new operator of the New Hanover County Human Services Transportation System, to meet the officials of the company and drivers of the vans. Some Certificates of Appreciation were distributed and one was presented to Ms. Patricia Melvin, Assistant to the County Manager, in grateful appreciation and recognition of her assistance during FY1997-98. Chairman Caster requested Ms. Melvin to step forward to receive the Certificate of Appreciation. On behalf of the Board, he congratulated Ms. Melvin for the excellent work given in administering the transportation system for New Hanover County. ADOPTION OF RESOLUTION TO EXEMPT THE WILMINGTON/HANBY BEACH PROJECT FROM THE REQUIREMENTS OF CHAPTER 143, ARTICLE 3D, PURSUANT TO NCGS 143-64.32(B) Finance Director, Bruce Shell, requested the Board to adopt a resolution to allow the New Hanover County Water and Sewer District to exempt itself from the normal requirements for obtaining the services of an engineering firm for the Wilmington/Hanby Beach project. This approach is recommended because some preliminary work has been performed by Engineering Services, PA, which will result in a cost savings to the District. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to adopt a resolution to allow the New Hanover County Water and Sewer District to exempt itself from the normal requirements for obtaining the services of an engineering firm pursuant to NCGS 143-64(b). Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 318 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 15. COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Clerk to the Board, Lucie F. Harrell, reported the number of members for the Adult Care Home Community Advisory Committee had been increased from 13 members to 16 members pursuant to N. C. General Statutes. The Commissioners are required to appoint 13 members with the Administrators of Adult Care Homes appointing 3 members to serve on the committee. Fifteen applications were received and one applicant, Dolly Mack, has withdrawn her application because her husband is ill. The Adult Care Home Administrators have not nominated any appointees; however, names should be received in the near future. Chairman Caster opened the floor to receive nominations. Commissioner Birzenieks nominated Grace F. Avery. The nomination was seconded by Chairman Caster. Commissioner Birzenieks nominated Jewell Ann Diehn. The nomination was seconded by Commissioner Howell. Chairman Caster nominated Lois Fox. The nomination was seconded by Vice-Chairman Greer. Vice-Chairman Greer nominated Jane B. Johnson. The nomination was seconded by Commissioner Birzenieks. Vice-Chairman Greer nominated Dorothy Gail Lamb. The nomination was seconded by Chairman Caster. Vice-Chairman Greer nominated Josephine W. Little. The nomination was seconded by Commissioner Birzenieks. Commissioner Birzenieks nominated Michael W. Rogers. The nomination was seconded by Chairman Caster. Chairman Caster nominated Richard I. Salwitz. The nomination was seconded by Vice- Chairman Greer. Vice-Chairman Greer nominated Louise C. Siler. The nomination was seconded by Commissioner Howell. Vice-Chairman Greer nominated Fred Spain. The nomination was seconded by Commissioner Birzenieks. Vice-Chairman Greer nominated Edith Ann Bell Steele. The nomination was seconded by Commissioner Howell. Chairman Caster nominated Doris Lancaster Thompson. The nomination was seconded by Vice-Chairman Greer. Chairman Caster nominated Carla H. Turner. The nomination was seconded by Vice- Chairman Greer. There being no further nominations, Chairman Caster declared the nominations closed. Vote: VOTED UNANIMOUSLY The Board to appoint the following persons to serve on the Adult Care Home Community Advisory Committee with assignment of the following terms: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 319 Grace F. Avery1-year term to expire 2/28/99 Jewell Ann Diehn1-year term to expire 2/28/99 Lois Fox1-year term to expire 2/28/99 Jane B. Johnson3-year term to expire 2/28/2001 Dorothy Gail Lamb3-year term to expire 2/28/2001 Josephine W. Little3-year term to expire 2/28/2001 Michael W. Rogers1-year term to expire 2/28/99 Richard I. Salwitz1-year term to expire 2/28/99 Louise C. Siler3-year term to expire 2/28/2001 Fred Spain3-year term to expire 2/28/2001 Edith Ann Bell Steele3-year term to expire 2/28/2001 Doris Lancaster Thompson 1-year term to expire 2/28/99 Carla H. Turner1-year term to expire 2/28/99 Appointments to the Nursing Home Community Advisory Committee Clerk to the Board, Lucie F. Harrell, reported the Nursing Home Community Advisory Committee had increased from 8 members to 13 members pursuant to North Carolina General Statutes. The Commissioners are required to appoint 11 members and the Nursing Home Administrators are required to appoint two members. Eleven applications have been received, and the Nursing Home Administrators have nominated Teresa D. Goldston and Ernst M. Swart as their representatives. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to appoint the following persons to serve on the Nursing Home Community Advisory Committee and ratify the appointment of Teresa D. Goldston and Ernest M. Swart as representatives for the Nursing Home Administrators: Catherine R. Davis1-year term to expire 2/28/99 Deidre B. Freeman1-year term to expire 2/28/99 Edward V. Grace3-year term to expire 2/28/2001 Anne Hardaway3-year term to expire 2/28/2001 John M. Horton3-year term to expire 2/28/2001 Clara W. Lamb1-year term to expire 2/28/99 Herb McDuffie1-year term to expire 2/28/99 Eileen B. Rock1-year term to expire 2/28/99 John D. Sabo1-year term to expire 2/28/99 Kathy Viveona1-year term to expire 2/28/99 Lyn Williams-Yow3-year term to expire 2/28/2001 MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session to hold a meeting of the New Hanover County Water and Sewer District from 8:19 P.M. until 8:31 P.M. APPROVAL OF PROJECT TO UPFIT AND IMPROVE THE NEW HANOVER COUNTY HISTORIC COURTHOUSE County Manager O’Neal reported on the need to upfit and improve the New Hanover County Historic Courthouse. A list of items needed for the interior and exterior were presented. The Convention and Visitors Bureau has identified a need to install display cases, counters, furniture and accessories. This need should be incorporated into the planning and specifications with the Convention and Visitors Bureau paying for the actual personal property. All painting, wiring, etc. should be considered as a county expense. The lower level of the building is inefficiently used and should be redesigned. County Manager O’Neal requested the Board to authorize development of the RFQ process for the selection of an architect with sensitivity to historic buildings; (2) approve the associated budget amendment for hiring an architect; and appoint a committee for the purpose of selecting an architect and serve as the Project Committee. The following persons were recommended to serve on the Project Committee: (1) one County Commissioner; (2) Lucie F. Harrell, Clerk to the Board; NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 320 (3) Janet Seapker, Museum Director; (4) Judith Grizzel, CVB Director; (5) County Engineer Wyatt Blanchard, or designee; and (6) County Manager Allen O’Neal, or designee. Commissioner Birzenieks spoke in favor of the upgrade and asked who would be using the building other than the County Commissioners? County Manager O’Neal responded that a change could occur with the space used by the Board of Elections and two functions of the Register of Deeds office. At the retreat, the Board generally agreed to move forward with a space study by BMS Architects; therefore, if the lower floor of the Courthouse is redesigned, this project will be coordinated with the space study. Vice-Chairman Greer cautioned changing the design of the building to create space, which could destroy the integrity of the building. He also objected to spending $50,000 for hiring an architect. Commissioner Birzenieks asked if the Assembly Room would be used for meetings only, or for other purposes? County Manager O’Neal responded when the Assembly Room is upgraded, other activities would be curtailed because of the need to maintain the room as well as protect the sound equipment. Commissioner Birzenieks recommended developing a policy for use of the Assembly Room. Chairman Caster referenced the beauty of the room and the need to preserve it in the correct manner and stated the necessary wiring should be installed to use current and future equipment. After further discussion, County Manager O’Neal emphasized the importance of moving forward with selecting an architect so funding can be included in the FY 1998-99 Budget. He recommended appointing the Project Committee to begin the architect selection process with the cost being negotiated. Once the final price has been determined, the contract will be presented to the Board for approval. Motion: After further discussion Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to authorize the development of the RFQ process for the selection of an architect with sensitivity to historic buildings and appoint a Project Committee comprised of the following persons: (1) County Commissioner Charles R. Howell; (2) Clerk to the Board, Lucie F. Harrell; (3) Museum Director, Janet Seapker; (4) CVB Director, Judith Grizzel; (5) County Engineer, Wyatt Blanchard or his designee; and (6) County Manager Allen O’Neal, or his designee. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS AWARD OF CONTRACT #98-0169 TO STORMWATER RECONSTRUCTION SERVICES, INC. TO REMOVE HURRICANE DEBRIS FROM DRAINAGE WAYS IN THE COUNTY, ADOPTION OF ACCESS RESOLUTION, AND APPROVAL OF BUDGET AMENDMENT #98-0016 Deputy County Manager, Dave Weaver, requested the Board to award the contract to Stormwater Reconstruction Services, Inc. in the amount of $106,820 to removehurricane debris from drainage ways throughout the county, adopt a resolution to extend the period of time allowed for access on private property; and approve the associated budget amendment for the project. He advised the following bids were received: L&D Contracting, Inc. $130,000 Stormwater Reconstruction Services, Inc.$106,820 Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to award the bid to Storm Reconstruction Services, Inc., the low bidder, in the amount of $106,820, approve the associated budget amendment, adopt the access resolution, and authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 321 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 15. A copy of the contract is on file in the Legal Department. Budget Amendment #98-0116 - Emergency Management/Hurricane Preparedness DebitCredit Emergency Management/Hurricane Preparedness Natural Resources & Conservation Services $130,000 Contracted Services $130,000 Purpose: To budget Natural Resources Conservation Services funding for contracting to clean hurricane debris from a number of drainage ways scattered throughout the county. APPOINTMENT OF FIVE MEMBERS TO SERVE ON THE PROJECT OVERSIGHT COMMITTEE IN CONJUNCTION WITH THE CAPE FEAR RIVER CORRIDOR PLANNING EFFORT Chairman Caster reported that a letter had been received from Mr. Don Eggert, Chairman of the Project Oversight Committee for the Cape Fear River planning efforts. He advised that Mr. Eggert has requested the Board to appoint the five members appointed to the original Project Oversight Committee. Chairman Caster requested direction from the Board. Consensus: After discussion, it was the consensus of the Board to appoint the five original members, Chairman William A. Caster; Vice-Chairman Robert G. Greer; Planning Director, Dexter Hayes; Assistant Planning Director, Patrick Lowe, and Planner, Chris O’Keefe to serve on the Project Oversight Committee. The Clerk to the Board was requested to advise Mr. Eggert of the appointments. DISCUSSION OF GROUP HOME BEING LOCATED ON LONG RIDGE DRIVE Chairman Caster reported that Mr. Phil Raynor, a resident of 132 Long Ridge Drive, had called about the location of a group home adjacent to his property that will keep several teenage boys. The house was recently sold to a lady who has rented the dwelling to doctors from Jacksonville, North Carolina, for operation of the group home. Mr. Raynor and his neighbors are very concerned about the lack of notification to the neighborhood, and have asked if a group home can be placed in a residential community with no prior notice or input from the residents. Planning Director Hayes advised that NCGS 168.1, enacted several years ago, removed local jurisdiction authority to regulate a residential care facility for no more than six individuals that are physically or mentally handicapped. The State Law allows the homes by right and preempts any restricted covenants within a subdivision. No public notice is required by the State. The purpose of the legislation is to place these individuals in homes instead of institutions. There are several group homes throughout New Hanover County. Consensus: After discussion, it was the consensus of the Board for the County Manager to write a letter to Mr. Raynor explaining the State Statute governing the location of group homes. SELECTION OF TENTATIVE DATE TO MEET WITH THE NEW HANOVER COUNTY BOARD OF EDUCATION Consensus: After discussion, it was the consensus of the Board to tentatively schedule a meeting with the New Hanover County Board of Education on February 16, 1998, following the regular meeting of the Board of County Commissioners. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 322 DISCUSSION OF COMPUTER TRAINING SESSIONS FOR THE COUNTY COMMISSIONERS County Manger O’Neal reported after discussion with the MIS Director, it was felt that one- on-one training would be more convenient for each County Commissioner. He advised the MIS staff would be glad to schedule training sessions as requested. The Board agreed that each Commissioner could schedule a training session as needed. DISCUSSION OF APPOINTING MEMBERS TO SERVE ON THE WILMINGTON-NEW HANOVER COUNTY COMPREHENSIVE PLAN STEERING COMMITTEE Planning Director, Dexter Hayes, presented a list reflecting the members of the original Ad Hoc Committee and the additional appointments to complete the Steering Committee. He requested the Board to finalize the committee appointments since a luncheon meeting was scheduled for February 9, 1998. Chairman Caster inquired as to how the Chamber planning group could be involved in the Steering Committee? Planning Director Hayes advised the Chamber group was already involved with subcommittees. It is felt that a smaller Steering Committee should be appointed to oversee the subcommittees. Commissioner Howell expressed concern about the lack of expertise in planning and stated the members appointed do not have any knowledge of planning rules and regulations. He stressed the importance of appointing professional people with planning expertise, such as Larry Sneeden or Dan Dawson to serve on the Steering Committee. Consensus: After further discussion, it was the consensus of the Board to request Commissioner Howell to recommend a person to fill the County Neighborhood Representative At-Large vacancy at the regular meeting to be held on February 16, 1998. Planning Director Hayes recommended obtaining a facilitator to assist the Steering Committee. He introduce Mr. Glenn Harbeck, who is nationally known for his planning expertise, and stated that he has agreed to serve as the facilitator. REPORT ON ACTIVITIES AT NEW HANOVER REGIONAL MEDICAL CENTER Commissioner Birzenieks reported that a rumor was circulating about the Medical Center purchasing Columbia Cape Fear Memorial Hospital. He advised this statement was not true; however, a letter has been forwarded to HCA corporate headquarters expressing an interest in having the first right of refusal. Commissioner Birzenieks advised the Medical Center Board of Trustees has authorized Dr. Atkinson to investigate the possible acquisition of the CP&L building on Eastwood Road to be used as a clinic. Also, the Trustees authorized the acquisition of three physicians practices; however, he expressed opposition to the purchase. REPORT ON THE SOUTHEASTERN CENTER Commissioner Davis advised there are five vacancies on the Southeastern Center Area Board with three members eligible for reappointment. He requested the Board to ratify the reappointment of Mary Hatcher, Frank Hickman, and Sylvia Polgar to serve four-year terms. The remaining vacancies will need to be filled by New Hanover County. Commissioner Davis requested the Clerk to the Board to contact the Director of the Southeastern Center regarding the need to advertise for vacancies. Clerk to the Board, Lucie F. Harrell, stated she would be glad to check into the matter and report back to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 2, 1998PAGE 323 Consensus: It was the consensus of the Board to ratify the reappointment of Mary Hatcher, Frank Hickman, and Sylvia Polgar to serve four-year terms on the Southeastern Center Area Board. REPORT ON FILM COMMISSION MEETING Vice-Chairman Greer reported on attending a meeting with the Film Commission and advised a report would be made by Attorney George Rountree, III at the February 16, 1998 meeting. It appears the Southeast Region has received less money than anticipated. It is hoped the shortfall can be handled within the Film Commission. The Board may need to adopt a resolution to encourage the General Assembly to fund the Southeast Economic Development Zone on a more equitable basis. REPORT ON RABIES CONTROL FEE Vice-Chairman Greer advised that discussion was held with Dr. Dennis Jackson about the $9.00 rabies control fee to be charged to property owners. He advised that he would be meeting with Dr. Jackson, Health Director Rice, and Deputy County Manager Atkinson to discuss other options. The Board will be informed of any recommendations. REPORT ON THE 10TH AND CASTLE STREET AREA Commissioner Howell reported on driving through the 10th and Castle Street area and stated he did not feel safe in this section of town. Emphasis was placed on the need to provide protection from crime to children attending Gregory and Williston schools even if the property at the corner of 10th and Castle Street has to be purchased by the County. Commissioner Birzenieks stated the quality of education received at Gregory and Williston schools was exceptional; however, protection must be provided to the students. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Chairman Caster, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 9:15 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board