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1998-03-09 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 341 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 9, 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. INVOCATION AND PLEDGE OF ALLEGIANCE Ms. Lucie F. Harrell, Clerk to the Board, gave the invocation. Commissioner Howell led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved for anyone from the public to present an item that was not listed on the Regular Agenda, or comment on an item that was listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Presentation on Drainage and Flooding Problem at 5501 Andover Road Ms. Bonnie L. Platt, a resident of 5501 Andover Road, reported her home was constructed in 1968, and she purchased the dwelling in 1987. At the time of purchase, the property was registered as a non-flood hazardous area. When Forest Cove condominiums were constructed behind her residence four years ago, a water retention pond was placed on the lot behind her dwelling. Since that time, flooding has occurred with every rainfall. Water has been pumped from under the house one time, but it returns with each rainfall. Pictures were presented of the flooding under her home, and the trail of water from her house to the retention pond that is a level higher than the back of her lot. In closing, Ms. Platt requested relief from the Board of County Commissioners because the retention pond was approved by New Hanover County. She advised that if immediate relief is not received, her home will have to be condemned. The Engineering Department has been contacted with the understanding that a supervisor would visit the site. As of this date, no one has come by the house to determine if the problem can be resolved. Consensus: After discussion, it was the consensus of the Board for Ms. Platt to provide specific details about the problem to Assistant County Manager Dave Weaver in order for the Engineering Department to check into the matter to see if relief can be provided. Once the case has been reviewed, Mr. Weaver is to report back to the Board. APPROVAL OF CONSENT AGENDA Chairman Caster advised that the Planning Department has requested removal of Consent Agenda Item 2 to complete the review process before submitting the Planters Walk Suddivision road petition to the State Highway System. Commissioner Davis commented on Consent Agenda Item 7.3 and asked if the County could use funds from the Federal Forfeited Property revenue to pay for the additional deputy positions. County Manager O’Neal responded that Sheriff McQueen had always used these funds for capital projects and equipment purchases because there is no assurance that future funding will be received. He advised that Sheriff McQueen would not have asked for the positions unless it had been absolutely necessary. Vice-Chairman Greer recommended discussion of Consent Agenda Item 5 when discussion is held with Item 4 on the Regular Agenda. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 342 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to remove Consent Agenda 2, discuss Consent Agenda Item 5 with Item 4 on the Regular Agenda, and approve the remaining items on the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The County Commissioners approved the minutes of the Regular Meeting of February 16, 1998, as presented by the Clerk to the Board and the minutes of the Special Meeting of January 26, 1998 as presented by the Deputy Clerk to the Board. Approval of Four (4) Deputy Positions for the Custody Division of the Sheriff’s Department and Approval of Associated Budget Amendment #98-0128 The Commissioners approved four deputy positions and the associated budget amendment for the Custody Division of the Sheriff’s Department to handle the jail population and increased courthouse activity. The funding will come from the General Fund Contingency in the amount of $45,039 for the remainder of the fiscal year. Budget Amendment #98-0128 - Non-Departmental/Sheriff’s Department/Jail DebitCredit Non-Departmental Contingencies $45,039 Sheriff’s Department/Jail Salaries & Wages$29,009 FICA 2,218 Medical Insurance 4,720 Uniforms 9,092 Purpose: To transfer funds from Contingencies to fund four deputy positions for the remainder of the fiscal year. Authorization for Cooperative Extension Urban Forester Position to be Handled by the New Hanover County Human Resources Department The Commissioners authorized the Human Resources Department to manage the Cooperative Extension Urban Forester position. Funding in the amount of $10,000 for a portion of the Cooperative Extension Urban Forester Extension Agent was appropriated in the 1997-98 County budget. The position is funded 50% by the City of Wilmington, 25% by North Carolina Cooperative Extension, and 25% by New Hanover County. The change in the administration of the position will not increase the level of funding for the County, but will provide greater control and efficiency in handling the position. Authorization for the New Hanover County Library to Apply for EZ-LSTA Grants to Purchase Basic Equipment The Commissioners authorized the New Hanover County Public Library to submit a grant in the amount of $9,294 to purchase five personal computers and two printers to be distributed to the branch libraries to provide public access to the Internet and NC LIVE. There is no County match. The computers will be distributed as follows: (a) one to the Carolina Beach Branch Library; (b) two to Plaza East Branch Library; and © two to Myrtle Grove Branch Library. Estimated costs are as follows: 5 personal computers at $1,602 each$8,010 2 printers at $642 each 1,284 $9,294 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 343 Upon award of the grant, authorization was given to accept the grant award, approve the grant agreement and approve the associated budget amendment. Approval of Budget Amendment - # 98-32 - New Hanover County Schools The Commissioners approved the following budget amendment. #98-32 - School Capital Improvement FundDebitCredit Interest on investments $165,000 Capital Project Expense $165,000 Purpose: To budget part of the interest earned on the fund. (The fund has earned in excess of $2.8 million; the remaining amount earned will roll into the School’s fund balance to pay for debt service or other capital projects.) This is to restore funds that were spent for the 1994 County related bond costs. Approval of Budget Amendment # 98-33 - Parks Department The Commissioners approved the following budget amendment: #98-33 - Parks Capital ProjectDebitCredit Contribution from Optimist Club $7,000 Other Improvements$7,000 Purpose: To increase the budget for the contribution received from the Optimist Club to pay for one-half of the anticipated costs of a storage building for the Market Street fields at Ogden Park. Approval of Budget Amendment # 98-34 - Sheriff’s Department The Commissioners approved the following budget amendment: #98-34 - Forfeited Property DebitCredit Federal Forfeited Property Capital Project $136,752 Capital Project Expense$136,752 Purpose: To increase the budget for additional revenue received 2-24-98. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment # 98-0123 - Department of Aging The Commissioners approved the following budget amendment: #98-0123 - Aging/Senior CenterDebitCredit Aging-Senior Center CDBG-Social Grant $6,757 Salaries$6,757 Purpose: To increase budget for additional allocation of grant funds received for the Senior Center. These funds must be used for salaries. Approval of Budget Amendment # 98-0124 - Criminal Justice Partnership Program The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 344 #98-0124 Criminal Justice Partnership Program DebitCredit CJPP Grant$15,655 Contracted Services$14,955 Supplies 700 Purpose: To increase the budget for grant awarded from the N. C. Department of Correction. Approval was authorized by the Board of County Commissioners on October 10, 1997. PRESENTATION OF PLAQUE TO MIKE HARDISON IN RECOGNITION OF SERVICE TO NEW HANOVER COUNTY Chairman Caster, on behalf of the Board, read and presented a plaque to Mr. Mike Hardison in recognition of his service as the New Hanover County Forest Ranger since 1986. He expressed appreciation to Mr. Hardison for his work in New Hanover County and congratulated him on his recent promotion to District Ranger, which will serve Bladen, Brunswick, Columbus, Duplin, Pender and New Hanover counties. Mr. Hardison expressed appreciation to the Board of County Commissioners for the special recognition. He noted that he had enjoyed serving the citizens of New Hanover County and expressed appreciation to the County Volunteer Fire Departments for exemplifying the true dedication and commitment to provide a quality fire service to New Hanover County. A round of applause was given to Mr. Hardison. ADOPTION OF RESOLUTION TO SUPPORT DREDGING OF THE CAPE FAR RIVER Chairman Caster requested the Board to adopt a resolution of support for dredging the Cape Fear River. He advised the dredging project would take eight years to complete and was comprised of three elements: (1) deepening of the Cape Fear River from 38 feet to 42 feet and the Ocean Bar Entrance from 40 feet to 44 feet; (2) constructing a 6.2 mile passing lane near the Military Ocean Terminal at Sunny Point; and (3) deepening the channel 38 feet upriver from the Memorial Bridge. The project will cost $350 million with $225 million in federal funding and $75 million in state funding. Chairman Caster asked if any member of the Board would like to comment. Vice-Chairman Greer spoke in support of the resolution with the following revisions: (1)Under Paragraph 4, include all the projects listed in the first paragraph of the resolution. (2)Under Paragraph 4, include a phrase to reference significant strategic mobilization benefits to the State Port at Wilmington and Military Ocean Terminal at Sunny Point. Chairman Caster referenced Paragraph 6, and requested the County Manager to be sure that a dredging project would create wetlands. He stated he was not sure this statement was correct. County Manager O’Neal responded he would be glad to check this with Mr. Erik Stromberg, Executive Director of the Port, and make any necessary change in the resolution. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to adopt the resolution of support for the Cape Fear River Deepening project with inclusion of the proposed changes. 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 XXIV, Page 17. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 345 DISCUSSION OF LETTER REQUESTING THE STATE TO PROVIDE REASONABLE SUPPORT FOR THE SHELL ISLAND RESORT Chairman Caster advised the intent of the Board was to request the State to see if any measures could be taken that would not damage the environment but save the Shell Island Resort if at all possible. He referenced the letter submitted in the agenda packet and reported the Commissioners at the Thursday staff meeting requested staff to revise the letter. Assistant County Manager, Dave Weaver, presented a copy of the revised letter. Chairman Caster asked if any member of the Board would like to comment on the letter. Assistant County Manager Weaver requested correction of a typo in the third paragraph. Vice-Chairman Caster requested changing the Atlantic Intracoastal Waterway to the Intracoastal Waterway. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve the letter with the corrections presented. Commissioner Davis stated, for the record, he could not support the resolution because of the pending lawsuit filed against the State of North Carolina. Commissioner Birzenieks stated the Board does not want to become involved in the lawsuit; however, the Board can request the Governor to take any reasonable measures to control the migration of Mason’s Inlet. MOTION CARRIED AS FOLLOWS: Upon vote, the Voting Aye:Commissioner Birzenieks Commissioner Howell Vice-Chairman Greer Chairman Caster Voting Nay:Commissioner Davis CONSIDERATION OF REQUEST FOR ADDITIONAL CHILD WELFARE POSITIONS County Manager O’Neal reported in 1997, the General Assembly appropriated State and Federal funds to create new Child Welfare positions (Social Workers and Social Work Supervisors) to ensure that every county meets state staffing standards. On December 8, 1997, six new Social Workers and two new Social Work Supervisors were approved. Based on 1997 caseloads, an additional five Social Workers and one Social Work Supervisor are needed to minimally meet standards. The Board of Social Services approved this request on January 18, 1998. County Manger O’Neal advised that Mr. Kevin FitzGerald, Director of the N. C. Division of Social Services, was present to answer questions. Chairman Caster expressed concern about continued growth in County government and stated the size of the Department of Social Services building had been increased one time to accommodate additional employees. At the same time, the Commissioners are being told that some of the welfare rolls are decreasing. There is frustration among the members of the Board about when this increased growth is going to end, and how much more revenue can be provided by New Hanover County. The Director of Social Services and staff have presented the problems and challenges faced by the department. New Hanover County has an excellent Director and staff at the Department of Social Services, and there are wonderful people in the community who provide foster care, but how can the County continue to fund additional positions. When half of the positions requested by the N. C. Division of Social Services were denied, a letter was received from Mr. FitzGerald informing the County that it was not in compliance to the State standards, and if the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 346 positions were not approved, there was the potential for the State to take over the program in New Hanover County. Chairman Caster welcomed Mr. FitzGerald and requested him to explain the process. Mr. FitzGerald expressed appreciation to the Board of County Commissioners for inviting him to attend the meeting. He stated as a former Assistant County Manager for Forsyth County, he was aware of budget constraints and the need to control the growth of government. Mr. FitzGerald commented on the need to protect children and reported last year a tragic event occurred in Rowan County. Six children known to the Department of Social Services died. After investigating the incidents, it was found that a portion of the problem was with the Department of Social Services staffing, supervision, training, and the on-going practice of reunifying children with parents regardless of safety. This entire episode created attention on a statewide basis. It was found that children in some counties were better protected than children in other counties. The State has an on-going set of standards that specifically state that a Child Protective Services Worker should not handle more than 12 cases at a time. A Foster Care Worker should not work with more than 15 families or up to 20 children at a time. A decision was made on the state level to ensure that all counties comply to State standards. The New Hanover County Department of Social Services performs a good job in the initial protection of children in Child Protective Services. The last time a review was performed, high marks were given to the department; however, it was noticed there were some staffing issues. The Division of Social Services has focused on foster care and adoption. A survey was performed on the active caseloads of all counties. The staffing formula was applied to the caseloads in New Hanover County, and it was determined that New Hanover County needed 11 additional Social Workers and 3.3 additional Social Work Supervisors. In North Carolina there are approximately 100,000 reports of abuse and neglect of children. In 30% of these cases, there are circumstances to warrant intervention. In some cases, the intervention means removing the children from the home. This decision is made by the Judge and the children are in the custody of New Hanover County. As of January 31, 1998, there were 583 children in custody with 355 of those children in a licensed foster care home in New Hanover County. It was determined that the median length of stay for children in foster care in New Hanover County was seven months longer than in comparable counties, such as Guilford, Durham, and Orange. One in four of the children will be placed in three or more locations, which is 14% higher than in comparable counties. The children are staying longer in foster care with more multiple placements, which is costly in terms of dollars and destructive to the emotional state of children. Also, the re-entry rate of children coming back into the foster care system is 50% higher than in comparable counties. Based on a systematic review of cases, it showed that sufficient staffing to handle foster care cases lowered the length of time that children stayed in foster care. The workers have more contact with the children on a regular basis, which allows for better monitoring of cases, and the workers have time to work with the parents. The State wants to reduce the foster care workload. Mr. FitzGerald noted that the extra length of time spent by children in foster care was costing the County money. The average payment for a child in foster care in New Hanover County is $683 per month. When considering that each child stays seven months longer, the cost to New Hanover County is approximately $500,000 per year. When considering the cost and the need to protect the children, the additional positions should save money for the County and move children to safe, permanent homes more quickly with less disruption. If the positions are approved, the County should reduce the stay of children in foster care, and if not, the Board of Social Services and Department of Social Services should be held accountable. Discussion was held on why New Hanover County has higher multiple placements. Mr. FitzGerald advised that 15% of the children have been in three licensed facilities and 10% have been NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 347 in four or more facilities. A lack of staffing can cause interim placements which will require a review of the case to find a permanent foster care home. Commissioner Birzenieks informed Mr. FitzGerald that every County Commissioner sitting on the Board is concerned about the safety and protection of children. He asked if the remaining positions are approved, will the Department of Social Services be able to present a budget reduced by $500,000? Mr. FitzGerald responded the Director of Social Services would have to respond to that question; however, the data shows that the length of foster care in New Hanover County is greater than in other counties; therefore, the additional positions should reduce the length of stay and save money for the county. Commissioner Davis requested Mr. FitzGerald to explain the following statement that was made in his letter of February 3, 1998: One additional item of interest in this year’s legislation is the potential of the State to take over the program if New Hanover County does not adequately protect its children. Should that ever happen, you would not be relieved of your responsibility to fund. What you would lose is your ability to make decisions about how the program is carried out. Mr. FitzGerald advised that Senate Bill 896 contains a section that states if child welfare services are not delivered as needed, the N. C. Division of Social Services would enter into a corrective action plan with New Hanover County. Ultimately, this could result in a State take over, but the county would not be relieved of the financial responsibilities of providing the service. This means the State would assume the responsibility and the County would pay for the service. Commissioner Davis stated this was basically what New Hanover County was being told. It appears that the County must approve the additional positions and pay 25% of the cost. Mr. FitzGerald stated, in his opinion, New Hanover County should step up to its responsibility and protect the children. Vice-Chairman Greer read the following portion (Section E) of Bill 352 under TANF Block Grants: Of the funds appropriated in this act, the Department of Human Resources, Division of Social Services, the sum of $1.3 million for the 97-98 fiscal year and the sum of $1.3 million for the 98-99 fiscal year shall be allocated to county departments of social services for hiring or contracting for additional child protective services, foster care, and adoption worker positions created after this act becomes law based on a formula which takes into consideration the number of child protective services, foster care, and adoptive cases in child protective services, foster care and adoption workers necessary to meet recommended standards adopted by the N. C. Association of County Directors of Social Services. No local match shall be required as a condition of receipt of these funds. Vice-Chairman Greer asked why New Hanover County was being requested to pay 25% of the cost for the new positions? Mr. FitzGerald advised that funding for additional positions comes from difference sources. The referenced funding was part of the budget to pick up a small portion of the funding. The 25% has been assessed to high wealth counties, and the low wealth counties have been allowed to take advantage of not having to pay the 25% match. Vice-Chairman Greer noted that no reference was made in the bill as to whether high wealth or low wealth counties would receive a portion of the $1.3 million. He stated, in his opinion, this was an interpretation that was made by some level of State government, not by the legislators, because the bill clearly states that no local match is required as a condition of receiving funds. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 348 Mr. FitzGerald reported he would have to check into the logistics of the bill and report back to the County. Vice-Chairman Greer asked if the additional positions approved on December 8, 1997, had been filled by the Department of Social Services? Director of Social Services, Wayne Morris, responded only one position had been filled. Vice-Chairman Greer inquired as to whether there was a deadline for hiring the recommended positions since time and training were a factor in filling and making the positions fully functional? Mr. FitzGerald responded counties throughout the State were in the process of hiring. Vice-Chairman Greer asked how many of the 100 counties had hired the employees needed to meet State standards? Mr. FitzGerald responded approximately 12 counties had hired the sufficient number of positions. Chairman Caster inquired as to the total cost of the positions for a full fiscal year? Director Morris responded $180,000 per year. Commissioner Birzenieks asked Director Morris if the requested number of positions saved $500,000, would the Department of Social Services budget be reduced by this figure? Director Morris reported the employees will not be hired and trained until after the new fiscal year; therefore, he could not guarantee the amount of money that will be saved. Commissioner Birzenieks, again asked if the positions are filled and persons are trained, will the County be able to save $500,000 and remove this burden from the taxpayers? Director Morris advised there are too many variables to determine the savings initially; however, if the positions are approved the length of time a child remains in foster care should be reduced, which will save money. The caseworkers in foster care are handling 38 to 40 cases each, which is double the State standards. Commissioner Davis asked Mr. FitzGerald if there was a guarantee that state and federal funds would be received for the additional positions? Mr. FitzGerald responded that state and federal funding would be available for the positions. Commissioner Davis asked what will happen to the positions if the caseload was further reduced? Would the workers still be needed? Director Morris responded if foster care rolls reduced sufficiently and a solution was found for child abuse, staff would cut the positions, hopefully, through attrition. Commissioner Birzenieks asked if the Board of Social Services voted unanimously to approve the requested positions? Director Morris responded the vote was four to one. Commissioner Birzenieks asked why the person voted in opposition? Director Morris advised he could not respond to that question because it was not part of the official minutes. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 349 Commissioner Birzenieks stated based on the letter received from Mr. FitzGerald, the County has no choice but to approve the positions. Ms. Bessie Funderburg, a member of the Board of Social Services, commented on attending various meetings about the additional positions and reported the positions were needed. She stressed the importance of realizing that some children are desperately in need of having someone to care for them. She complimented Director Morris and his staff for the excellent quality of work and efforts being given to protect children. Vice-Chairman Greer expressed appreciation to Director Morris and the employees for the work being performed in the Department of Social Services. He emphasized the importance of everyone understanding the difficulty of providing additional revenue to meet the many needs of New Hanover County. Motion: Vice-Chairman Greer MOVED to approve the additional five Social Worker positions and one Social Work Supervisor position, and he requested Mr. FitzGerald to see if the $1.3 million appropriated in Bill 352 for FY 1997-98 and FY 1998-99 could be used to pay the County’s 25% MOTION WAS SECONDED local match. The by Commissioner Birzenieks. Mr. FitzGerald advised he would check into the funding and report back to the Board. Commissioner Birzenieks requested the County Manager to keep the $500,000 figure in mind when preparing the budget next year, or the year after, so there will be verification to show that a savings has been realized from the additional positions. Vice-Chairman Greer commented on Consent Agenda 5, which is a request to purchase computers at a cost of $90,950 for the Department of Social Services, and he recommended filling the positions and deferring action on the computers until the next budget year. MOTION TO APPROVE THE ADDITIONAL POSITIONS CARRIED Upon vote, the UNANIMOUSLY. Chairman Caster requested Mr. FitzGerald to provide a brief status report on the counties that have submitted plans to become electing counties. Mr. FitzGerald reported that 27 plans had been received and stated that various departments were reading the plans and contacting counties about items of concern. A recommendation will be prepared, and on March 17, 1998, the State Plan will be made available for a 45-day comment period for both standard and electing county plans. Once this process is closed, the plan will go to the General Assembly to determine the counties that will be selected as electing counties. Commissioner Davis asked if the General Assembly would adopt the New Hanover County Work First Family Assistance Plan if drug testing is required? Mr. FitzGerald advised that he would have a problem with recommending a plan that will be contested on the federal level. He advised the manner in how the testing is performed will determine if the plans complies to the federal law. Vice-Chairman Greer commented on receiving an opinion of a staff member from the Attorney General’s office, and he requested Mr. FitzGerald to obtain an opinion from the State Attorney General regarding how drug testing can be used for employment and not for persons receiving public assistance. Chairman Caster, on behalf of the Board, expressed appreciation to Mr. FitzGerald for attending the meeting and answering questions. Consensus: After discussion of Consent Agenda Item 5 being for a computer upgrade, it was the consensus of the Board to defer action on this item until the next meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 350 BREAK Chairman Caster called a break from 8:00 p.m. until 8:15 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY TKL, INC. TO EXTEND THE VALIDITY PERIOD FOR THE HARBOR VILLAGE AT THE WILMINGTON SHIPYARD SITE PLAN TO BE LOCATED AT THE SOUTHEAST CORNER OF US 421 AND NC 133 (Z-559, 1/96, Time Extension 12/97- Continued Item) Chairman Caster opened the Public Hearing and announced this was a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Randall Bray Planning Director, Dexter Hayes, reported there were no significant changes since the original approval of the project, and advised the Planning Board voted unanimously (5 to 0) to recommend a 6-month extension as requested by TKL, Inc. No one spoke in opposition before the Planning Board; however, a letter was received from Almont Shipping outlining their general opposition to the request. He advised the original conditional zoning district and companion Special Use Permit were approved by the Board of County Commissioners on February 5, 1996. The rezoning and Special Use Permit authorized the construction of 29 single family homes, 12 town homes, a 115 slip marina and clubhouse, a 75-room courtyard hotel, and 50,000 square feet of retail and office space. To date, construction has not commenced and no building permits have been issued. Plans approved under the conditional use process are valid for a period of twenty-four months. In the event a building permit is not issued in that time frame, the Planning Department is required to initiate action to revoke the Special Use Permit and rezone the site back to its original classification. However, prior to the expiration, the applicant has the option to request the time period for the Special Use Permit be extended. The Board of County Commissioners may grant multiple extensions, but no extension can exceed six months. Chairman Caster referenced the letter received from Almont Shipping and read the following statement into the record: Almont Shipping Terminals’ position remains unchanged from the original rezoning request. It is critical that any extension of this rezoning plan extension continue to include a covenant in the deed that would be binding upon all future owners, stating that the purchaser acknowledged they were moving into an industrial area, and most likely the industries in the area will continue to exist and operate. Although this covenant was included, Almont must remain opposed to the rezoning because of the drastic nature of the change in zoning. Chairman Caster asked if anyone present would like to speak in opposition. There being no comments in opposition to the request, Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to extend the validity period for the Harbor Village at the Wilmington Shipyard for a period of six months. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST BY C. POWELL TO REZONE APPROXIMATELY .86 OF AN ACRE AT 6937 MARKET STREET TO B-2 HIGHWAY BUSINESS FROM R-15 REZONING (Z-612, 1/98) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously (5-0) to recommend approval of the petition as submitted. It was felt that existing land uses and the current NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 351 zoning pattern made the site more suited for commercial uses. There was no opposition present at the Planning Board meeting. Chairman Caster asked if anyone present would like to speak in opposition to the rezoning request. No comments were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to approve rezoning the property located at 6937 and 6939 Market Street to B-2 Highway Business from R-15 Residential as approved by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED AUGUST 18, 1971 is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 6, Page 70. PUBLIC HEARING TO CONSIDER A REQUEST BY PAT HENDERSON TO REVISE THE EXISTING SPECIAL USE PERMIT AUTHORIZING A REAL ESTATE OFFICE TO PERMIT A BROADER RANGE OF GENERAL AND PROFESSIONAL OFFICES ON PROPERTY LOCATED AT 813 PINER ROAD (CONDITIONAL USE DISTRICT REVISION, CHANGE OF USE, Z-593, 2/97; REVISION 1/98) Chairman Caster opened the Public Hearing and reported the modification of a Special Use Permit requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Pat Henderson Planning Director, Dexter Hayes, reported the Planning Board voted unanimously (5 to 0) to recommend approval of the change in use. The Board determined that the range of planned uses would not impact the general area any greater than the use currently authorized for the site. It was also pointed out that uses would be limited to the existing structure. No one spoke in opposition at the Planning Board meeting. Planning Director Hayes explained that the subject property was rezoned Conditional Use Office and Institution for a Real Estate Office on March 10, 1997. Subsequent to that approval, the owners have since opened a small real estate office. The owners are now requesting the Special Use Permit for the real estate office to be modified to permit a broader range of general and professional offices. While the ordinance permits minor revisions for approved conditional use permits to be approved administratively by staff, it was determined that the proposed change in use constituted a major revision because the original Special Use Permit was granted only for a real estate office; therefore, the change in use must be approved by the Board of County Commissioners. Approval of the revision would make it easier to accommodate land uses similar in nature without having to go back through the entire review process. Commissioner Davis commented on the letter from Mr. Wood and asked if the drainage was of concern? Planning Director Hayes advised there would be no change in the site plan. Chairman Caster asked if the petitioner would like to comment. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 352 Ms. Pat Henderson, representing the petitioner, Danny Wood, requested the Board to approve the proposed change. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Chairman Caster to revise the existing Special Use Permit authorizing a real estate office to permit a broader range of general and professional offices on property located at 813 Piner Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the addendum to the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 23. PUBLIC HEARING TO CONSIDER A REQUEST BY C. POWELL TO REZONE APPROXIMATELY 2 ACRES AT 5664 CAROLINA BEACH ROAD TO O-I OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-613, 1/98) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board was concerned with “creeping” non-residential development along the road frontage and voted unanimously (5-0) to recommend denial of the petition as revised. The revision made at the meeting included a request by the applicant to add an adjacent property to the petition. The Board determined that the continued linear spread of non-residential uses along the highway, even if they were office uses, might be difficult to justify under current land use policies. Three nearby residents spoke in opposition because of encroachment of non-residential uses and the impact on the property values and quality of life. Chairman Caster asked if anyone from the public would like to comment. Ms. Cheryl Powell, representing Mr. Batson and Mr. Day, the property owners, presented photographs of the property. Commercial development is creeping forward and the site is not suitable for residential development. The property adjacent to the property is zoned Office and Institution, the property to the north is commercially developed, and the properties to the south and across the road are commercially developed. She requested the Board to approve the proposed rezoning. Chairman Caster asked if anyone from the public would like to comment. Mr. Wesley Nixon, a resident of 5673 Carolina Beach Road, expressed concern for the lack of policies to protect residential properties from strip commercial development. He stated the long- term residents of the county should not have to give up their quality of life for commercial development. He urged the Board to strengthened policies regarding strip commercial development. Ms. Powell advised the rezoning of the property would not interfere with Mr. Nixon’s ability to live and enjoy his residence. The property is not suited for residential use, and if the land is not rezoned, the property owners will not be able to fully use their property. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Howell stated he felt the proposed zoning was appropriate for the site, and NO SECOND WAS he MOVED to approve the rezoning as submitted by the petitioners. RECEIVED AND THE MOTION FAILED. Motion: Vice-Chairman Greer commented on the need to protect residential properties, and MOVED TO DENY the request. The MOTION WAS SECONDED by Commissioner Birzenieks. MOTION CARRIED AS FOLLOWS: Upon vote, the Voting Aye:Commissioner Birzenieks Commissioner Davis NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 353 Vice-Chairman Greer Chairman Caster Voting Nay: Commissioner Howell PUBLIC HEARING TO CONSIDER A REQUEST FOR THE SUPPER OPTIMIST CLUB, INC. TO REZONE .45 OF AN ACRE AT 605 EASTWOOD ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-615, 2/98) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported although staff felt O-I Office and Institution zoning might be more appropriate for the property, the Planning Board voted unanimously (5 to 0) to recommend approval of the petition as submitted. The Board noted that the property’s proximity to other non-residential zoning and its exposure to the highway made residential development unlikely. It was pointed out during the hearing that the structure used by the Optimist group had never been utilized as a residence. There was no opposition present at the Planning Board meeting. Chairman Caster asked if anyone from the public would like to comment. Mr. W. R. Bass advised the Supper Optimist ballfield had outgrown the number of children playing ball. The club has requested the rezoning so the property can be sold. The adjoining property owners are not opposed to the rezoning. Chairman Caster closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve rezoning .45 of an acre at 605 Eastwood Road to B-2 Business from R-15 Residential as recommended by the Planning Board. Mr. Bass stated if the Board feels the property should be rezoned to O-I Office and Institution, this would be acceptable to the Supper Optimist Club. Substitute Motion: Vice-Chairman Greer expressed concern for approving B-2 zoning with some houses in the area and he MOVED, SECONDED by Chairman Caster to rezone the property to O-I Office and Institution. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye:Commissioner Davis Vice-Chairman Greer Chairman Caster Voting Nay: Commissioner Birzenieks Commissioner Howell A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972 is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9B, Page 83. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR COASTAL STORAGE, INC. TO PROVIDE A MANAGER’S RESIDENCE FOR A PLANNED PERSONAL STORAGE FACILITY AT 6947 MARKET STREET(S-423, 1/98) Chairman Caster opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Arnold Carson NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 354 Planning Director, Dexter Hayes, reported the Planning Board voted unanimously (5 to 0) to recommend approval of the petition as submitted. There was very little discussion, and no opposition was present at the Planning Board meeting. Planning Director Hayes presented the following preliminary staff findings: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The site has direct access to Market Street. B.The site is located in the Ogden VFD District. C.The site has access to County sewer. A private well is planned for water service. D.Similar facilities have been approved by the County without record of complaint or problems. 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 site is zoned B-2 Business. Dwelling units incidental to a principal use are permitted by Special Use Permit in the B-2 District. B.The dwelling will be located on the upper floor of the main office. C.The building housing the dwelling can comply with setback requirements. D.The area of the building devoted to the dwelling does not exceed 50% of the total floor area of the structure. E.Adequate off-street parking is provided. F.Open space equal to or exceeding the floor space devoted to the dwelling can be accommodated on site. 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 dwelling will serve as an on-site manager’s residence for a planned 53,900 square foot personal storage facility. Adjacent land uses consist primarily of retail, business and personal services and related uses. Because the site is zoned B-2, the personal storage facility is permitted by right. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A.The dwelling will be located on the upper floor of an office building that will be built to oversee the daily operations of the personal storage facility. B.Similar facilities are located throughout the County. Chairman Caster asked if the petitioner would like to comment. Mr. Arnold Carson, the owner of Coastal Storage Inc., requested the Board to approve the Special Use Permit to allow a manger to live on site. Chairman Caster asked Mr. Carson if he agreed with the findings presented by the Planning Director. Mr. Carson concurred with the findings as presented. There being no further comments, Chairman Caster closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 355 Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to grant the Special Use Permit to Coastal Storage to provide for a manager’s residence at the storage facility to be located at 6947 Market Street based upon the evidence presented and findings concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 23. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR APPROVAL OF A NURSING AND PERSONAL CARE FACILITY CONSISTING OF A HEALTH CARE UNIT, ASSISTED LIVING CARE UNITS, AND ANCILLARY FACILITIES, CLUBHOUSE, LAUNDRY AND WELLNESS CENTER ON THE WEST PART OF PEMBROKE JONES PARK, NORTHEAST OF OLD MCCUMBER STATION ROAD (S-424, 2/98) Commissioner Birzenieks requested to be recused from voting on this issue since he is a resident of Landfall. Motion: Chairman Caster MOVED, SECONDED by Commissioner Davis to recuse Commissioner Birzenieks from voting on the request. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reported the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Mr. David Barefoot Mr. David Swain Planning Director, Dexter Hayes, reported after a brief presentation by the applicant’s consultant explaining how the facility would operate, the Planning Board voted unanimously (5-0) to approve the plan as submitted. The Planning Board concurred with general issues raised by staff. In support of staff’s position, the Planning Board pointed out that this area of the project had always been intended for some form of retirement village that would include a personal/nursing care element and assisted living. There was no opposition present at the Planning Board meeting. Planning Director Hayes presented the following preliminary staff findings: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The site’s primary access would be to private roads within the Pembroke Jones Park Subdivision. An additional secondary access point is planned for Old McCumber Station Road. It will be used as a service entrance. B.Several wetland areas are identified within the tract, but none of those areas will be disturbed. The site is also located in the upper reaches of Howe Creek, which is classified as one of the County’s Outstanding Resource Waters. As a result, drainage management is critical to maintain water quality. C.The site would be served by City of Wilmington water and County sewer. D.The site is located in the Ogden VFD District. (NOTE: The site is in the Phase I area of the City’s annexation plan.) NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 356 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.Nursing and personal care facilities, including assisted living care and ancillary uses, are permitted by Special Use Permit in the R-15 and R-20 Residential Districts. The property is zoned R-20 and R-15 Residential. B.All required setbacks can be met. C.A total of 253 off-street parking spaces will be provided. D.Adequate area is available to meet required landscaping needs. 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. Much of the land to the west and south is undeveloped. Land to the north is planned to consist of independent living units that will be integrated into the nursing and personal care complex. Land to the east, which is also undeveloped, is part of the overall Pembroke Jones development. A site plan for 205 single family dwellings and a nine hole golf course has been approved by the County. Revisions are expected. B.Institutional uses are considered appropriate adjacent to residential development providing the design and scale are compatible. 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 plan of development for New Hanover County based upon the following findings: A.The retirement component proposed by this application has been an integral part of the master plan for Pembroke Jones Park since the subdivision’s initial approval, dating back to April 1987. Although the master plan has been revised numerous times, there have been no changes by the owners to the area designated as the “retirement center.” B.Housing opportunities shall be encouraged to be developed for citizens of all economic status, including the elderly and mentally and physically handicapped. Chairman Caster asked the petitioner if he agreed with the findings as presented? Mr. David Barefoot, the attorney representing the petitioner, agreed with the findings as presented by the Planning Director. Vice-Chairman Greer stated he was not opposed to granting the Special Use Permit for placement of a nursing home on the Landfall/Pembroke Jones Park, but he was concerned that allowing this use would open the door to requests for Office and Institution zoning along Military Cut-Off Road, which is beyond the line that was drawn by the former Board for commercial development along this corridor. Commissioner Howell advised that he did not sit on the former Board; however, the request by the petitioner is not to rezone the property. Attorney David Barefoot, representing the petitioner, reported the original plan for Pembroke Park showed development of this site as a retirement center. In order to provide a full retirement community, you need independent living, assisted care living and health care living. The Special Use Permit is being requested to provide assisted care living and a health care facility for persons who become extremely ill. Mr. David Swain, the petitioner, explained the retirement community would allow persons to live independently, and as they age receive assisted living, and eventually receive services of a health care facility that provides more services than a nursing home. The retirement community will be one of the best in the state. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 357 Vice-Chairman Greer asked if the facility would be a “not for profit” organization that would request exemption form payment of property taxes? Mr. Swain responded the facility will be privately owned and handled as a rental property. Property taxes will be paid on this facility. Vice-Chairman Greer asked if a Certificate of Need was required to open the facility? Mr. Swain responded that a Certificate of Need would be required. He stated if the Special Use Permit is approved, this will be the first step in obtaining the Certificate of Need. Motion: Commissioner Howell MOVED, SECONDED by Chairman Caster to grant the Special Use Permit to Landfall Village Partners LLC to construct a nursing and personal care facility on the western side of Pembroke Jones Park/Landfall north of old McCumber Station Road based upon the evidence presented and the findings concluding the use will not endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye:Commissioner Davis Commissioner Howell Vice-Chairman Greer Chairman Caster Recused:Commissioner Birzenieks A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 23. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO LINDA ROBINSON TO CONVERT AN EXISTING SINGLE FAMILY DWELLING LOCATED AT 5414 PARK AVENUE INTO A CHILD DAY CARE FACILITY (S-425, 2/98) Chairman Caster opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Linda Robinson Planning Director, Dexter Hayes, reported the Planning Board voted unanimously (5 to 0) to recommend approval of the applicant’s petition as submitted. There was no opposition present at the Planning Board meeting. Planning Director Hayes presented the following preliminary staff findings: 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A.The facility is already served by water and sewer. B.The property has direct access to a public street. C.The site is located in the Winter Park VFD District. D.There are no conservation or related environmental constraints. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 358 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.Child day care is permitted by Special Use Permit in the R-15 Residential District. The site is zoned R-15. B.Part of each side yard and the entire rear yard would be enclosed by six foot high wooden fence. Outside play areas must be enclosed by a minimum four foot high fence. C.The applicant plans to construct a circular drive to accommodate drop-offs and pick-ups. Access to the site must be such that pick-ups and drop-offs can be made without backing into the street. D.No off-street parking is shown. The minimum requirement is one space for each employee plus four spaces for drop-offs and pick-ups. E.The site plan calls for a fifteen square foot site identification sign. The maximum allowed by the Ordinance is twelve square feet for sites fronting collector or arterial roads. The maximum size for all other locations is two square feet. 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.Adjacent land uses consist primarily of single family dwellings and mobile homes. Other uses located in the vicinity include another pre-school, church, beauty salon and bicycle shop. 4. The Board must find that the location and character of the use if developed according to the plans submitted and approved will be in harmony with the area in which it is to be located and in general conformity with plan of development of New Hanover County based upon the following findings: A.No exterior renovations are planned for the structure. The only site changes planned are the construction of a circular driveway, off-street parking, and a fenced play area. Chairman Caster asked if the petitioner would like to comment. Ms. Robinson requested the Board to allow her to convert her single family dwelling into a child day care facility. Chairman Caster asked Ms. Robinson if she agreed with the findings as presented by the Planning Director. Ms. Robinson concurred with the findings as presented. There being no further comments, Chairman Caster closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to grant the Special Use Permit to Linda Robinson to convert an existing single-family dwelling located at 5414 Park Avenue into a child day care facility based upon the evidence presented and findings concluding that the use will not endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 23. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 359 MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session to hold a meeting of the Water and Sewer District from 10:30 p.m until 10:35 p.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Closure of ABC Store on Third Street Commissioner Davis inquired as to why the store was closing? Chairman Caster reported the facility was not making money, and there has been concern for crime and theft in the area. Open House for Public Officials at Holly Tree Elementary School Commissioner Birzenieks advised he enjoyed the tour of the Holly Tree Elementary School and stated the principal, teachers and staff were very appreciative of the County Commissioners taking time to attend the open house. Congratulations to the UNCW Men’s Basketball Team and the Women’s Swimming and Diving Team Commissioner Birzenieks requested the Board to adopt a resolution and hold a ceremony during a meeting to congratulate the UNCW Seahawks Basketball Team and Women’s Swim Team. Discussion of County Regulations Regarding Electricity Being Reconnected Vice-Chairman Greer expressed concern for the County regulations concerning turning on electricity after a tenant has left and a new tenant moves into a structure. He stated that an individual purchased a commercial building on Cardinal Drive consisting of four buildings with six units in each building. When one of the tenants moved out, the electricity was cut-off. When calling Carolina Power & Light Company to cut on the electricity, the person was informed that an electrical inspection had to be made before the electricity could be turned on. A $25 inspection fee was charged. An electrical inspector and building inspector were sent to check the building. After discussing the matter with Carolina Power and Light Company, it was found that the company does not require an inspection before the electricity can be turned on; however, Carolina Power & Light Company was under the impression that New Hanover County required the inspection before the electricity could be reconnected. Vice-Chairman Greer objected to the County requiring an inspection of the building, which probably cost the County $300, when the electricity had been off for a short period of time. He stated the requirement was ridiculous and inconvenient to the owner as well as being expensive for the taxpayers. He recommended changing the policy. County Manager O’Neal advised that he had discussed the matter with Gayle Van Velsor, and it appears that the Inspections Department thought Carolina Power & Light Company required the inspection and Carolina Power & Light Company thought the inspection was required by the County. He cautioned eliminating the electrical inspection without a complete review of General Statutes to see if this requirement is in the State Building Code. Vice-Chairman Greer, again, expressed concern for unnecessary inspections, which are costly, and he asked the County Manager to check into the matter and report back to the Board. County Manager O’Neal stated he would be glad to investigate the issue. 1998 Azalea Festival Kick-Off Chairman Caster announced the Governor will be holding a Press Conference on March 24, 1998, at 1:00 p.m. in the Rotunda of the Capitol to kick-off the 1998 Azalea Festival. The Commissioners have been invited to attend and a bus will be leaving Trask Coliseum at 10:00 A.M. on March 24, 1998. He advised he would not be able to attend. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 360 After discussion, Vice-Chairman Greer and Commissioner Howell volunteered to attend the Press Conference. The Clerk to the Board was requested to contact Ms. Cunningham at UNCW. Tentative Date for Joint Meeting with the Board of Education Clerk to the Board, Lucie F. Harrell, advised she was working with the Administrative Secretary of the Board of Education to schedule a breakfast meeting on March 19, 1998, at 7:30 A.M. in the Assembly Room of the New Hanover County Courthouse. Confirmation should be received within the next two days. Chairman Caster commented on the need to meet as soon as possible, and stated he would call the Chairman of the Board of Education. Discussion of Appointing County Representatives to Serve on the New Hanover County Community Action, Inc. Board of Directors Clerk to the Board, Lucie F. Harrell reported that three representatives needed to be appointed to serve on the New Hanover County Community Action, Inc. Board of Directors. Chairman Caster advised he would call Mr. Steve Bilzi to see if he will continue to serve on the Board of Directors. Consensus: It was the consensus of the Board to direct the Clerk to the Board to advertise the vacancies and place this item on a future agenda. Discussion of Preparing a Fact Sheet on Drainage Commissioner Birzenieks asked if staff was preparing an informational sheet to give to citizens when inquiring about the County’s responsibilities in managing drainage? He expressed concern for the amount of incorrect information circulating throughout the community. Chairman Caster recommended some type of factual information that would explain the permitting process and responsibilities of local, state, and federal governments in approving drainage plans. County Manager O’Neal advised that staff would be glad to prepare a fact sheet; however, unless the County decides to establish a comprehensive drainage plan, there is very little that New Hanover County can do about drainage. Chairman Caster expressed concern for a sealed drainage plan being provided by an engineer when the preliminary plan of development is approved and the developer, in many instances, does not comply to the plan. He asked who was responsible for being sure the developer follows the plan submitted by the engineer? Assistant County Manager Weaver explained that the Engineering Department will visit the site to be sure the drainage improvements are in place. The engineer will check to see that the number of pipes have been installed, but there is no regulation that requires the engineer to be sure the pipes have been placed on the right grade, which becomes a problem if incorrectly installed by the developer. Commissioner Howell noted that if the developer is at fault, the County Engineer has the authority to fine the responsible party from $50 to $500 for blocking drainage. County Manager O’Neal reported that regulations were presented to the former Board of County Commissioners which would have required sealed drawings from an engineer after the project was completed to certify the drainage was constructed to design standards. A regulation of this type could be adopted; however, the construction community will be opposed because the requirement will drive up the cost of construction which will increase the cost of a new home. Commissioner Birzenieks stressed the importance of providing factual information to the public so they can at least understand the problem. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, MARCH 9, 1998PAGE 361 County Manager O’Neal advised that a fact sheet could be developed, but some people will be at the mercy of the private developer. The only relief that can be provided by the County is a comprehensive drainage plan or the application of rigid standards for future development in the community. Consensus: It was the consensus of the Board to direct staff to prepare a fact sheet on drainage regulations outlining the responsibilities of New Hanover County, the State of North Carolina, the developer and the homeowner. ADDITIONAL ITEMS - COUNTY MANAGER Announcement of Public Hearing on Utility Deregulation County Manager O’Neal announced that Representative McComas was holding a Public Hearing on utility deregulation on Thursday, March 12, 1998, from 7:00-9:00 p.m. in the old Cameron Building at UNCW. The Commissioners have been invited to attend and speak on behalf of New Hanover County. Vice-Chairman Greer reported he would be attending the meeting, and he would let everyone know that more information is needed on the subject before New Hanover County can take a stand on the issue. Chairman Caster stated he would be attending and speaking as a small business owner. Action Deferred on Funding Request to Market New Air Service from Washington-Dulles to Wilmington International Airport County Manager O’Neal advised that Cape Fear Coast Convention & Visitors Bureau was requesting a contribution of $2,500 to market the new air service from Dulles Airport to the Wilmington International Airport. He requested direction from the Board. Consensus: After discussion of the late hour and time needed to review the request, it was the consensus of the Board to defer action until the next meeting. CLOSED SESSION Chairman Caster requested a Closed Session to discuss a personnel matter pursuant to NCGS 143-381.11(3) to consult with the attorney to give instructions concerning the handling or settlement of a claim, judicial action, or administrative procedure. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to convene from Regular Session to Closed Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster convened from Regular Session at 11:20 p.m. Chairman Caster reconvened to Regular Session at 12:10 a.m. and reported that no action was taken in the Closed Session. ADJOURNMENT Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 12:11 a.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board