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1994-08-08 Regular Meeting - e e "'Ill .MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 208 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 8, 1994, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North carolina.E Members present were: Commissioners Sandra Barone; William A. Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Clerk to the Board, Lucie F. Harrell,-gave the invocation. commissioner Barone led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone present would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following items were presented: Concern for Problems Being Experienced with Juveniles in Kings Grant Subdivision Mr. James Smith, a resident of the Kings Grant Subdivision, expressed concern for harassment by teenagers ringing doorbells and leaving once the door is opened. Not only do they use obscene language, but on one occasion, water was sprayed in his face. The Commissioners were requested to appropriate the necessary funds to hire more deputies to increase the patrol of this community and to impose a curfew in the Kings Grant Subdivision if this problem is not resolved. Vice-Chairman Mathews commented on discussing this matter with Mr. Smith and reported he had contacted Sheriff McQueen about the problem. He was informed by the Sheriff that future plans are being made to provide more coverage for the unincorporated areas of the County. Mr. smith compli~ented the Sheriff's Department for the manner in which they had responded to his calls and stated he was pleased with the services being rendered; however, the number of deputies should be increased to provide more frequent patrol of Kings Grant and other subdivisions throughout the County. After discussion of the residents establishing a "Neighborhood Watch" and placing street lights in the Kings Grant Subdivision, Chairman Greer reported he would contact the Sheriff and request an increase in the frequency of patrol for this area. Request for the Anim'll Control Division to Deliver Dog Cages Mr. Jesse Hardwick, a resident of 4645 Brandon Road, reported on the problems experienced in trying to obtain a dog cage from the Animal Control Center to catch an unleashed dog running on his property. When discovering his car was too small to pick up the cage, he did not have enough money to rent a car and could not receive any assista:.ce from the Animal Control Center. After contacting the Brunswick County Animal Control Center, he was informed that cages were delivered and picked up by the Animal Control Officers. The commissioners were requested to raise the Animal Control fees to allow personnel to deliver and pick up cages. Also, Mr. Hardwick expressed concern for cats not being leashed and requested the commissioners to adopt an ordinance that would require a leash for cats. ~ / I i I I I , j I I MINUTES OF REGULAR MEETING" AUG~ST 8, 1994 H' , PAGE' 2,09. Chairman Greer expressed appreciation to Mr. Hardwick for his remarks. APPROVAL OF CONSENT AGENDA Chairman Greer reported the Clerk to the Board has requested approval of the minutes as presented in the corrected form. Motion: Commissioner Barone MOVED, SECONDED by commissioner Caster to approve the Consent Agenda items as presented and approve the minutes as corrected by the Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. o CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as corrected and presented by the Clerk to the Board: Regular Meeting Regular Meeting Regular Meeting EMS Work Session June 20, 1994 July 5, 1994 July 18, 1994 June 30, 1994 Acceptance of N. C. Department of Environment, Health , Natural Resources Recycling Assistance Grant (Contract #95-0061) Environmental Management Recycling Division The Commissioners accepted a grant in the amount of $4,667 from the N. C. Department of Environment, Health & Natural Resources to be used to continue the recycling bin distribution project that began last year. The County's contribution will be in-kind ($2,333) through personnel time used to develop and provide educational programs, construct demonstration sites, and place composters at local schools. The Chairman was authorized to execute the necessary documents. A copy of the agreement is on file in the Legal Department. o Approval of Collection policy for the Cape Fear Museum The Commissioners approved a Collection Policy for the Cape Fear Museum to govern the types of artifacts collected, establish guidelines for incoming and outgoing loan policies, and determine the circumstances that items in the collection are deaccessioned and how, disposition is made of objects. This policy has been approved by the Cape Fear Museum Board of Directors. A copy of the policy is on file in the Director's o~fice at the Cape Fear Museum. Acceptance of the "Report of Disposals of Personal property" for the Period of January 1, 1994 through June 30, 1994 - Finance Department The Commissioners accepted the "Report of Disposals of Personal Property" in accordance with N.C.G.S. 160A-266(c) for the period of January 1, 1994 through June 30, 1994. " A copy of the report is hereby incorporated as a part of the minutes and is contained in Exh~bit Book XXII, Page 16. Approval of Change in Home Health Fees - Health Department The Commissioners approved the following changes in Home Health fees to bring these fees in line with the new Medicaid Home Health Care fees. The Board of Health approved the recommended changes on July 6, 1994. o Present New Proposed Medicaid Physical Therapy $ 76.00 $ 78.35 $ 79.00 Occupational Therapy $ 76.00 $ 78.35 $ 79.00 Speech Therapy $ 76.00 $ 78.35 $ 79.00 Skilled Nursing $ 77.00 $ 79.50 $ 80.00 :~f -"~ ~~~, ....... "'Ill ~.f,:\f..~&)..ti.~~.'\. ~:, .. .~~1'~:l,~.t~!~0Yq #h,,' ~, ~ MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 21'0 Home Health Aide Medical Social Worker $ 43.00 $110.00 $ 44.35 N/A $ 45.00 $115.00 e Approval of Increase in Rabies Vaccination Fee - Health Department The Commissioners approved an increase in the rabies vaccination fee from $5.00 to $6.00 in accordance with N.C.G.S. 130A-188. This increase was recommended by the Animal Control Advisory Committee. Adoption of Resolution Opposing Forced Annexation The Commissioners adopted a resolution to encourage the North Carolina Association of County Commissioners to support legislation that would prevent forced annexation of County citizens. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 16. Adoption of Resolutions Adding Roads to the State Highway System The Commissioners adopted resolutions requesting the addition of the following roads to the State Highway System: Lodge Court - Prince George Estates Sago Bay Drive - Sago Bay Drive Subdivision Carolina Inlet Acres Drive Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXII, Page 16. e , Adoption of Resolution for the Sale of Surplus Property Jointly Owned by the city of Wilmington and New Hanover county Located at 716 Walnut Street The Commissioners adopted a resolution accepting an offer from the Shiloh Baptist Church for the sale of the following property owned jointly by the City and County: Parcel Number R0048-13-041~007.000 Address 716 Walnut Street Amount of Offer $990.00 The property has an ad valorem tax value as of 1989 of $1,639. The offer will be duly advertised for upset bid. " A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 16. Adoption of ReSOlution Authorizing the New Hanover County Parks Department to Proceed with the Sale and Removal of Trees at the Castle Hayne Park site The Commissioners adopted a resolution authorizing the New Hanover County Parks Department to proceed with the sale and removal of trees at the Castle Hayne Park site. The sale of the trees for the six-acre site is at $1,000 per acre. This revenue will be used to clear an area for the softball field at the Castle Hayne Park which was not included in the current budget. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 16. e Report of Budget Amendment #95-0006 The following Budget Amendment was approved by the Budget Officer and is being reported for entry into the minutes: 95-0006 New Hanover County Schools Debit Credit New Hanover Countv Schools Contribution/Current Operating $371,581 Contribution/Capital Outlay $~71,581 Purpose: To adjust the County's contribution to New Hanover county Schools to correspond with the School Budget Resolution. ~ MINUTES: OF REGULAR MEETING, AUGUST 8, 1994- PAGE 2 J:1: Report of Budget Amendment #95-0010 The following Budget Amendment was approved by the Budget Officer and is being reported for entry into the minutes: 95-0010 Various Departments commissioners' Office Appropriated Fund Balance Human Resources Departmental Supplies Capital Outlay Budqet Departmental Supplies Capital Outlay MIS Telephone Expense Departmental Supplies Other Improvements Capital Outlay Tax Contracted Services Department Supplies Capital Outlay Leqal Capital Outlay Propertv Manaqement Contracted Services M & R Buildings & Grounds M & R Street signs Departmental Supplies Other Improvements Capital Outlay Motor Vehicle Purchases Enqineerinq Departmental Supplies Capital Outlay Sheriff/Administration Departmental Supplies Other Improvements Sheriff /911 Departmental Supplies Capital Outlay Sheriff /Jail Departmental Supplies Capital Outlay Emerqencv Manaqement Hurricane capital Expense EMS Uniforms Clerk of Superior Court Departmental Supplies capital Outlay Judqes contribution to outside Agency Debit $733,302 Credit $ 872 $ 2,945 o $ 586 $ 3,822 $ 5,535 $ 13,672 $ 885 $ 45,580 $390,267 $ 2,216 $ 25,014 $ 932 $ 10,452 $ 4,125 $ 4,501 $ 635 $ 12,369 $ 2,762 $ 21,012 o $ . $ 679 5,562 $ $ 185 969 $ $ 1,226 682 $ 5,611 $ 34,395 ,$ 4,359 o $ 1,000 $ 925 $ 3,693 --$---1,087 e e e , . , ' ""'Ill . MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 212 (Budget Amendment continued) Debit Credit Planninq Departmental Supplies Capital Outlay $ 281 $ 8,303 Health/Environmental Capital outlay $ 3,039 Health/Vector Control Departmental Supplies $ 3,504 Health/Animal Control Departmental Supplies Capital Outlay $ 2,249 $ 14,240 Health/Administration Departmental Supplies Capital Outlay $ 1,891 $ 8,453 Health/Epidemioloqy Departmental Supplies $ 350 Health/Family Planninq Departmental Supplies Other Improvements $ 189 $ 198 Health/Risk Reduction/Iniury Prevention Departmental Supplies $ 323 Health/Proiect Assist Departmental Supplies Capital Outlay Health/Health Education Departmental Supplies $ $ 281 3,623 . $ 493 social Services/Administration Capital Outlay $ 30,300 Aqinq/Senior Center Other Improvements , $ 3,356 Aqinq/RSVP Department Supplies Capital Outlay $ 522 $ 1,934 Library Capital outlay $ 2,762 Parks Contracted Services M & R - Buildings & Grounds Departmental Supplies Capital Outlay Motor Vehicle Purchases Other Improvements $ 7,955 $ . 441 $ 281 $ 3,034 $ 10,506 $ 1,668 Museum Contracted Services Departmental Supplies Capital Outlay $ 12,341 $ 1,360 $ 870 Environmental Manaqement Fund Appropriated Fund Balance $25,488 Landfill Contracted services Building $ 8,611 $ 2,951 ..... MINUTES OF REGULAR MEETING, AUGUST 8, 1994 0 ", PAGE 213 (Budget Amendment continued) Debit Credit Recvclinq Advertising $ 5,196 WASTEC/Operations Capital Outlay $ 1,990 WASTEC/Maintenance 0 Other Improvements $ 6,740 Water & Sewer Fund Appropriated Fund Balance $23,091 Water & Sewer Finance Departmental Supplies $ -690 Capital Outlay $ 4,841 Water & Sewer Enqineerinq Other Improvements $ 9,600 Capital Outlay $ 7,960 Purpose: To budget appropriated fund balance for outstanding purchase orders as of June 30, 1994. The purchase order amounts should be added to each appropriation as it appears in the Budget Ordinance in order to account for the payment against the- fiscal year in which it is paid (adopted in the Budget Ordinances for FY 1994-95 dated June 6, 1994). Approval of Budget Amendment #95-0011 - Various Departments The Commissioners approved the following Budget Amendment: 95-0011 Various Departments Commissioners' Office Appropriated Fund Balance Finance Contracted Services Propertv Manaqement Other Improvements Emerqencv Manaqement Contracted Services Librarv Contracted Services . . Water & Sewer Fund Appropriated Fund. Balance Water & Sewer Finance Revolving Loan Fund Water & Sewer Enqineerinq Capital Outlay Purpose: To rollover the following expenditures for .FY 1993-94 to FY 1994-95: o Finance for sales tax refund analysis contract with McGladrey & Pullen Property Management - for completing renovation of the second floor of the county Administration Building. , Emergency Management - for a port and waterway assessment for emergency response planning contract with specialized Marine, Inc. , ,. 'I" ~\~j;-.;,j:i;~ ),j.< ~." 'f'I,'f;.~~\ri;~~" ""'Ill -.. H._ ,t',i,' ~ ..i::i.. >, f' '~'t< --, MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 214 Library - for rewiring of all terminal locations at the Library for fiber optic connections. Water, & Sewer District - $25,000 for the .Sewer Connection Assistance' Plan approved on January 3, 1994, and $59,675 for remote telemetry ~nits approved on June 6, 1994. e App~oval of Budget Alternatives Agencies The Commissioners Amendment #95-0012 community Based approved the following Budget Amendment: 95-0012 - community Based Alternatives Agencies Debit Credit Communitv Based Alternatives Aqencies CBA Grants $65,826 Non-Secure Detention Program $65,826 Purpose: To budget the Non-Secure Detention Grant for FY 1994-95. The grant application was approved by the Commissioners on April 18, 1994. No County match is required. The Non-Secure Detention Program provides an alternative to serving detention for qualifying juveniles. PRESENTATION OF LONG-RANGE PLANS FOR NEW HANOVER REGIONAL MEDICAL CENTER Mr. Jim Hobbs, Chief Executive Officer, of New Hanover Regional Medical Center, expressed appreciation to the Board of County Commissioners for allowing New Hanover Regional Medical Center to discuss current projects and present future long-range plans for the Medical Center. e The following report was presented: I. PROGRAM ENHANCEMENTS DURING THE LAST TWELVE MONTHS: Addi tion of the Coastal Diabetes Center: This program was initiated last July and addresses one'of the major health problems in our community and region. This Center provides both an inpatient. and out-patient program as well as education on this disease. Center for Successful Aging: with the aging population increasing, the Center helps this population to address the specific problems experienced with aging and assist them to live the healthiest lifestyle possible. An additional geriatrician has been hired with two grants awarded from the Duke Endowment and from the Katie B. Reynolds Foundation in the amount of $750,000. These funds will help the Medical Center to expand this program through working cooperatively with local home health agencies and County agencies to provide the services needed and long-term care to the aging population. e Clinical Pastoral Education Program: This program has grown dramatically in the past twelve months and has provided a very important aspect of care to the patients and their families. A grant was received from the Duke Endowment which has been most beneficial in funding this program. outpatient Therapy: Significant growth has occurred in outpatient therapy, particularly with the renovation of the Medical Mall. II. COMMUNITY OUTREACH DURING THE LAST TWELVE MONTHS - Sponsoring of Cancer Programs - Sponsoring H~alth Screening Programs - Involvement in the Community Health Center .... I I MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 215 III. REVENUE BOND ISSUES DURING THE LAST TWELVE MONTHS: The revenue bond issue was closed in October 1993 in the amount of $29.5 million. These funds are being used for the following long- term capital projects that will renovate and expand the Medical Center: proiect Cost -Rehabilitation Hospital -Energy Plant Improvements -Parking Deck -Telecommunications Systems -Pneumatic Tube System -Cardiac Surgery Recovery unit $9.5 million $9.0 million $2.5 million $1. 5 million $1.0 million $1.7 million o IV. CURRENT PROJECTS Coastal Rehabilitation Hospital: A 60-bed physical rehabilitation hospital with an orthopedic unit; a stroke and neurological unit; a general care unit; and a traumatic brain unit to serve the 7- county area. This will allow patients in this area to receive service close to home, not in another City or State. This facility will be opened and fully operational by October 1994. Coastal Cancer Center: Cancer is a major problem in the community and many people have to use facilities located in other cities or states to receive various treatments and care for cancer patients. During the last two years, additional cancer programs and staff have been added to the Medical Center including a 21-bed oncology unit inside the hospital. Community cancer screening and educational programs have been sponsored by the Medical Center. The overall goal for cancer treatment is the development of a Comprehensive Cancer Center. The Certificate of Need has been submitted to the State, and if approved, this facility would bring radiation oncology on site at the Medical Center and provide for the development of clinical trial programs. This has been a collaborative effort among the local physicians as well as community groups. o community Regional Health Assessment: New Hanover Regional Medical Center and Cape Fear Memorial Hospital are in the process of performing a community health assessment of the current and future health care needs. The hospitals' will be working with regional hospitals and health care agencies to assess the health care needs and how. these services can. be improved and provided - more efficiently. As the study moves forward, a'status report will be forwarded to the Board of County Commissioners. Development of Physician/Hospital strategies. Regional Integration:, New Hanover Regional Medical Center desires to become the cornerstone of a system that monitors, treats, and improves the health of the community through the following methods: -Initiate physical/hospital/health agency collaboration -Development of a Physician Hospital organization -Development of a Phys~cian Practice Management Institute continuing the Development of Master space and site Plan: -Phase I: Hospital, <.Proj ects. In the process of ,constructing the Rehabilitation utilities Project; Parking Deck, and Cardiovascular o ':'Phase II: Needed additions, renovations or expansions to Emergency Services, surgical Services, Labor and Delivery, Laboratory, development of the Cancer Center and' other services. These projects will cost approximately.$65 million : which will be funded from some type of bond financing and ,_ ~~ >equity .contribution from the Medica'l Center. ). .. ... ~;I .' " ;'I!f.',~tr(;~~:~ff%~, ;~"t: ~~;fR'~'~J:" ,j'ff. t <1" . "'lIIl d. "r . I~; ';""1.':"". '.,L~;.t.;., I ,"f~'l';:,y,}l. .,....),,. , ~:,.!t.:s:,4,j-(il, MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 216 V: FUTURE PLANS -Regional Integration: The goal is to become the cornerstone of a system that monitors, treats and improves the health of our community. -Market position: The goal is to increase community and regional market share. e -Quality: The goal is to achieve documented clinical and quality outcomes that consistently meet or exceed customer expectations. -Service Development: The goal is into regional referral centers regional medical center. to develop select services consistent with being a VI: HEALTH CARE REFORM STRATEGIES -Understand and Reduce Costs -Manage utilization -Invest in Information -Collaborate with Physicians -Share/Assume Risks -Accumulate Cash -Create Balance Sheet Strength , -Network for full continuum of Care In summary, New Hanover Regional Medical Center is striving to provide quality medical care with the changes that are occurring in health care reform. e Chairman Greer opened the floor to receive questions. commissioner Sisson commented on a recent visit to the Emergency Room where the triage system is used and recommended establishing a separate facility for subacute types of injuries. This would allow the Emergency Room Staff to treat patients with acute injuries. If the County moves toward improving the community based health care services, such as the Northside Community Health Center, the number of non-emergency patients in the Emergency Room should be reduced. Mr. Hobbs agreed and reported 60% of patients coming to the Emergency Room could be treated in another setting; however, the triage system does assist the Emergency Room Staff in prioritizing the patients who are more acutely ill and need immediate medical care. The Medical Center is very supportive of community based services and has a team of employees working on how to provide primary care in the appropriate settings. commissioner Barone complimented Mr. Hobbs for the open lines of communication that have occurred between the Medical Center Board of Trustees and the Board of County Commissioners. She urged continuance of this open communication and expressed appreciation to Mr. Hobbs for the great strides being made in long-range planning for the hospital. e Chairman Greer expressed appreciation to Mr. Hobbs and the Hospital Board of Tr::'lstees for the excellent programs and services being provided by the Medical Center. He also expressed appreciation for the open lines of communication and stated this cooperative effort has been most beneficial to the County and its citizens. POSTPONEMENT OF TAX APPEAL BY COVENANT CHURCH Chairman Greer announced the ,!ppellant has request~d that this item be postponed until August 22, 1994, in order to better prepare for the tax appeal. He requested direction from the Board. ~ MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 217 Consensus: After discussion, it was the consensus of the Board to postpone this tax appeal until August 22, 1994. ADOPTION OF RESOLUTION AND INTERLOCAL AGREEMENT WITH THE TOWN OF WRIGHTSVILLE BEACH FOR ENFORCEMENT OF WRIGHTSVILLE BEACH WATER REGULATIONS AT THE NORTHERN END OF THE BEACH Assistant County Manager, Dave Weaver, reported due to the recent drowning at Mason's Inlet, the Town of Wrightsville Beach has requested the County to prepare an ordinance to prohibit swimming in the area around Mason's Inlet between Wrightsville Beach and Figure Eight Island. Any persons violating the ordinance shall be guilty of a misdemeanor, punishable by a fine of no more than $200. Maps of the area were presented to the Commissioners, and the Board was requested to adopt the proposed ordinance and Interlocal Agreement to allow the Town of Wrightsville Beach to enforce the ordinance. A lengthy discussion was held on the advantages and disadvantages of the proposed ordinance. Vice-Chairman Mathews expressed concern for people being forced to wear flotation devices when swimming or surfing and stated these safety devices can provide a false sense of security; therefore,. he cannot support this portion of the ordinance. commissioner sisson reported the Board should consider enacting an ordinance that will authorize the Public Safety Officials of Wrightsville Beach to determine when extremely dangerous water conditions exist for swimming with some type of warning system being established such red, green, and yellow warning flags. This system would prohibit swimming during certain periods of time and at the same time allow for swimming when the tides are not coming in or going out. Chief of the Wrightsville Beach Police Department, George Antley, reported due to erosion in Mason's Inlet, the currents running in front of the Shell Island Hotel go straight out to sea and swimmers and persons on rafts are caught in these currents during the falling tide. Presently, the Wrightsville Beach Lifeguards are usually responsible for rescuing swimmers in Mason's Inlet. Quite frequently, a Lifeguard spends 35-40 minutes with a rescue and often places his/her life in danger because of the dangerous currents in the inlet. It was not the intent of the Town of Wrightsville to restrict surfing or other water activities in this area as long as the surfers have shock cords .on the surfboards; however, swimming in this' area is very dangerous and a concern to the Town of Wrightsville Beach. In trying to better address this problem, it was felt swimming should be prohibited in this area, and this was the reason the Commissioners were requested to consider the proposed ordinance. Chairman Greer inquired as to whether an agreement could be prepared to authorize the Town of Wrightsville Beach to patrol the area with enforcement of the necessary water regulations for the protection of the general public in Mason's Inlet? Chief Antley reported an ordinance creates a public awareness of the law and the consequences that will occur if the law is violated. For example, at Masonboro Inlet the U. S. Corps of Engineers erected a sign very clearly stating if persons walk on the jetty, they will be arrested for trespassing. This signage has greatly helped to alleviate problems being experienced in this area. Chairman Greer, again, recommended authorizing the Town of wrightsville Beach to enforce the necessary water regulations at the northern end of the beach without adopting an ordinance. County Attorney copley reported the Town ot Wrightsville Beach will need a definition of the necessary provisions. - . - o o o e e e ,,~ I~ ""Ill " ;\f, i-i :"li, \;:, -,.!/?:~,:..t~,;'Jk~ 'r-,"~~'jUfo~'''''l'.''' ~~([t*J.;,&i~'~! MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 218 Wrightsville Beach Town Manager, Tony Caudle, reported the Board of Aldermen is considering a modification to the Wrightsville Beach Town Ordinance. This revision will address enforcement and allow the Police Chief to close certain portions of the beach strand for up to 14 days with a review by the Board of Aldermen after that period of time. The Commissioners may want to be sure that any action taken tonight will allow for the proposed revision which will be presented to the Board of Aldermen on Thursday evening. After a lengthy discussion on whether an ordinance is actually needed, County Attorney Copley suggested adopting a resolution that will authorize the Town of Wrightsville Beach to enforce the current water regulations at the northern end of Wrightsville Beach. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt a resolution authorizing the Town of Wrightsville Beach to enforce the Town's water safety rules at the northern end of Wrightsville Beach for the unincorporated portions of New Hanover County, and direct the County Attorney to prepare an interlocal agreement. The floor was opened for discussion. Mr. Robert L. Caulder, a former surfer, expressed concern for adopting a regulation that will restrict surfing at Mason's Inlet. To arbitrarily shift the County's jurisdiction to the Town of Wrightsville Beach for the northern portion of the beach would be a mistake. It would be difficult for the County to reinstate this jurisdiction if needed some time in the future, and the Town of Wrightsville Beach could absorb additional liability with assuming this responsibility. In other areas of the country, paddle boards are being used by Lifeguards to make rescues in dangerous conditions, which has greatly reduced the risk to Lifeguards. In his opinion, education is the key to the problem because inlets cannot be legislated. Dr. Bryan Davis, a Professor of Physics at UNC-W, expressed concern for adopting a regulation that will prohibit swimming on a beautiful strand at Mason's Inlet during the low and high tide. At these periods, there is no current and the water is beautiful. Drownings cannot be prevented through adoption of a regulation unless there are Lifeguards or Wrightsville Beach Policemen on this portion of the beach at all times. Perhaps, the posting of large warning signs indicating the dangers involved with the current would create more public awareness and avoid swimming in the inlet. Chairman Greer commented on the motion on the floor and recommended amending the motion to review the inter local agreement within two years. Discussion was held on the revision to the Wrightsville Beach ordinance. County Attorney reported a copy of the revised ordinance by the Town of Wrightsville Beach will be attached as a part of the agenda' packet for the inter local agreement to be presented on the Consent Agenda for final approval on August 22, 1994. Amend Motion: Vice-Chairman Mathews MOVED TO AMEND THE MOTION, SECONDE~ by Commissioner sisson, to adopt a resolution authorizing the Town of Wrightsville Beach to enforce the Town's water safety rules at the northern end of Wrightsville Beach for portions of the unincorporated county, and 4irect the County Attorney to prepare an interlocal agreement with a review of the agreement by Labor Day of 1996. This agreemen~ is to be placed on the Consent Agenda for the Regular Meeting of August 22, 1994, for final approval. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is c.)ntained in Exhibit Book XXII, Page 16. .' ~ , I I I I MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 219 DENIAL OF ORDINANCE PROHIBITING PRICE GOUGING Director of Emergency Management, Dan Summers, requested the Commissioners to adopt an ordinance that will prohibit price gouging during emergencies. Unfortunately, certain unscrupulous merchants attempt to profiteer off of disasters by charging excess prices for essential goods. The economic impact of a disaster to the community must be considered, and keeping the prices on supplies and goods should be reasonable in order to allow our citizens to recover. The proposed ordinance is to protect the local merchants and clearly state that New Hanover County does not want disaster chasers. The Commissioners were requested to adopt the proposed ordinance. o A lengthy discussion was held on whether the proposed ordinance can be enforced or whether the proposed ordinance is needed. Chairman Greer reported he is not for price gouging, but he is opposed to the ordinance feeling it will not make a great deal of difference. He stated the problems after a disaster are not on goods but on services. Emergency Management Director Summers reported the post news releases will provide consumer protection tips about services and persons coming in from out of town. The N. C. Home Bui lders Association and Cape Fear Home Builders Association have guidelines that will be used as part of the press releases to help citizens know how to check for credentials. The proposed ordinance will give the County flexibility to in~estigate gross price gouging if and when it occurs. Vice-Chairman Mathews supported the proposed ordinance and stated the Price Gouging Ordinance will provide the legal document necessary to impose a fine when violated and also send the message that New Hanover County will not tolerate price gouging. o commissioner Sisson agreed with Vice-Chairman Mathews and stated the message needs to be sent before the problem occurs in the county. commissioner Barone reported, in her opinion, the ordinance would be very difficult to enforce. County Attorney Copley explained that enforcement of'the ordinance would require Emergency Management Staff to investigate violations. In her opinion, enforcement could be difficult; however, when an ordinance is adopted most people will abide by the guidelines. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the revised Price Gouging Ordinance as presented.by the Emergency Management Director. Upon vote, the MOTION FAILED DUE TO NOT RECEIVING A MAJORITY VOTE: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer o BREAK Chairman Greer called a break from 8:30 P.M. until 8:45 P.M. AWARD OF CONTRACT #95-0048 TO JOHN SAWYER ARCHITECTS FOR EXPANSION OF THE DEPARTMENT OF SOCIAL SERVICES BUILDING Deputy County Manager, Andrew J. Atkinson, reported the DSS Expansion Task Force heard presentations from five architectural firms in order to select an architect for the expansion of the Department of Social Services Building. On June 15, 1994, the Task Force recommended awarding the contract to John Sawyer; however, during the meeting John Sawyer expressed concern over the budget for the expansion. His preliminary numbers indicated the budget ~~l~~.ii',.",,"l-'r "'i:i~l~A'~ ;~f,;':'h! ~l ,r "'~~ J~" , """"Il r.~l ~'\,i,(~~$J;~:; 'R q. p ~ 'MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 22:0 e was not sufficient to do a quality expansion. Mr. Sawyer developed a cost figure of $1.5 million instead of the original $890,000. During this period of time, it was determined the entire 15,000 square foot expansion should be completed instead of the 10,000 square feet as originally planned with completion of the remaining 5,000 square feet at a later date. other changes that increased the costs were correcting problems with the HVAC system and building a structure that would support a second floor over the 15,000 square foot expansion if additional space is needed in the future. After meeting with the DSS Building Task Force, staff was requested to see if the total cost could be reduced feeling the $1.5 million was too high. Negotiations began with John Sawyer and the figure was reduced to $1.2 million for the 15,000 square foot expansion. The contract amount with John Sawyer Architects was negotiated down to $68,000, which represents a savings of $37,000. Funds in the amount of $50,000 are already in the project and $95,000 was budgeted for FY 1994-95. Since the project will not be completed before eighteen months, the $95,000 budgeted for the current year will not be needed and can be applied to reduce the financing figure to $1,055,000 at a 5% interest rate. Staff feels comfortable with the negotiated price and financing arrangement and recommends award of the bid to John Sawyer Architects. Commissioner Caster inquired as to why the decision was made to complete the 15,000 square foot expansion instead of completing the 10,000 square feet with the remaining 5,000 square feet being finished at a later date as originally planned? e Deputy County Manager Atkinson reported the study began in 1993 with the determination that 10,000 square feet of completed space would be adequate; however, due to tI:e increase in DSS employees, staff feels the 15,000 square feet of additional space is needed to accommodate the number of employees. Also, when dealing with a rectangular building, it is difficult to section off a part of the building that is not completed. Commissioner Caster expressed surprise for being informed of a price increase because of the type of construction needed for the 15,000 square foot expansion to accommodate a second floor. While serving as a member of the DSS Building Task Force, this was originally discussed, and he thought any proposal would have included this cost. County Man~ger O'Neal reported this was initially discussed; however, the square footage figure submitted was too low and should have -been looked at more closely. commissioner Barone requested Mr. George Shaw, the County Project Engineer, to explain why the additional 5,000 square feet should be constructed at the present time? -e Mr. Shaw reported completing the additional 5,000 square feet will be much more costly in the future. Also, without heating and air-conditioning in the shelled in frame, moisture will build up and create problems with mold and weeping walls. In his opinion, the additional space is needed by the Department of Social Services at the present time. Discussion was held on federal and state mandates that require the county to provide a certain amount of square footage per employee. Commissioner Barone reported when first meeting to discuss the amount of space needed for the DSS expansion, the Department of Social Services-was informed by state officIals that if the County did not provide the specified amount of square footage, the County would jeopardize feder-al funding for the entire State of Nqrth Carolina. ~ / MINUTES OF REGULAR MEETING, AUGUST: 8, 1994' PAGE 221' Motion: After further discussion of financing, commissioner Barone MOVED, SECONDED by Commissioner Sisson to award the contract to John Sawyer Architects for the 15,000 square foot expansion of the Department of Social Services Building at the negotiated price and financing as presented. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. DISCUSSION OF CONSOLIDATION Chairman Greer reported a letter has been received from the Wilmington City Council requesting the Board of County Commissioners to consider directing the city Manager, County Manager, Sheriff, and Acting Police Chief to study merging city and County Law Enforcement. County Manager O'Neal reported at the request of the Board several meetings ago, he has prepared an agenda item of the issues and challenges that will have to be addressed when considering the consolidation of the local governments; however, no information has been prepared on the merger of City and County Law Enforcement; therefore, the Board will have to decide on this issue. Discussion was held on the following key issues that must be addressed when considering consolidation: 1. Expectations and goals need to be identified at the outset with basic agreement among the New Hanover County Board of Commissioners and other local governments. /------ 2. Consolidation may mean different things to different people or different groups of people. A definition should be determined early in the study process. 3. The process of study and implementation will affect all local governments, not just the County and City of Wilmington. 4. A third party disinterested study group could provide a more objective view. There should be a great deal of involvement by the elected officials of the local governments because of the need to understand the restrictions and regulations imposed on local governments by the State and Federal governments. The authori ty and poY{ers of municipalities and counties are quite different, particularly in the provision of human services. 5. Historical perspective and action of the General Assembly is essential. The Institute of Government could be, a key player in the dissemination of information. 6. Special legislation would be required. Our legislative delegation and the General Assembly as a whole should be kept informed. Other areas of the state may view this as threatening. 7. All local governments and the public should be prepared for an extended process. Consolidation will not occur quickly and will not bring a cost savings immediately, but in future years. There will be initial costs involved. . , . Discussion was held on the many differences in the authority and powers of municipalities and counties. The General Statutes of North Carolina have clearly delineated the authority and power of a county and the authority and power of a municipality. .Under the general statutes, counties are considered to be the leader for. human services programming, and municipalities are considered to be the leader in infrastructure. In an urban county, such as New Hanover County, where annexation has occurred gradually, it has been necessary for the County to provide infrastructure services in areas of the unincorporated County. ~ o o o. e e e " \'*91:t:".. 1"'-~ '~1Tr:P:f'Pi:'t" 'P" ',-,~'~ ""'III -;: .' . ..7. ~i~'~ '.J<; '('." >:,Td;,;..~~i!- MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 222 County Manager O'Neal commented on the fact that consolidation cannot occur quickly because of the thousands of issues that must be addressed, and he stressed the importance of understanding that consolidation will not bring about an immediate cost savings in the local government. In future years, a cost savings should be achieved. Time will be involved and the public must be kept well informed on any consolidation process, commissioner Barone emphasized the importance of involving the beach communities in the consolidation study. It was agreed that the beach communities should be involved in discussion of the law enforcement merger and the consolidation issue. A lengthy discussion was held on the importance of identifying expectations.and goals at the beginning of the consolidation study with a basic agreement understood among the Board of County commissioners and other local governments. The goals and expectations must be established before beginning a consolidation study. commissioner consolidation was Plan, ahd stated, this issue. Caster commented on the many times that mentioned in the New Hanover County strategic in his opinion, the time has come to re-visit Commissioner sisson agreed with Commissioner Caster and stated the process should begin now with a review of the issues by a multi-partisan group. Above all, the study should be performed based on what is in the best interest of the County, not on politics. Discussion was held on the prior 1984 Consolidation Report. County Manager O'Neal reported due to growth and rapid change in the County, many items will have to be reviewed. In order for him to discuss the merger of law enforcement, he would like official authorization from the Board of County Commissioners. A lengthy discussion was held on performing another consolidation study and how to approach re-visiting this issue. Concern was expressed for performing a study without full support of the local governments and community. County Manager O'Neal reported an agenda packet can be prepared for the second meeting in September that will provide historical information and summaries of how other communities have lead a cOmmunity into a consolidated effort. Knowing the local organizations that were involved in the performance of a consolidation study in other communities will be helpful to the Board and staff in leading a community based effort. Chairman Greer commented on the city's request for performing a study on the merger of city and County Law Enforcement and recommended proceeding in this direction. Once this study has been completed, discussion can occur on the consolidation issue. Motion: commissioner sisson MOVED, SECONDED by Commissioner Caster to (1; direct the County Manager to proceed immediately to work with the Sheriff, city Manager, and Acting Chief of Police to study the issue of merging city and County Law Enforcement; (2) direct the County Manager to prepare an agenda item for the first meeting in October that will explain the methods that have been used in other communities to lead a consolidated effort; and (3) authorize the Chairman to write a letter to the beach communities informing them of the action taken and the need for them to be involved in the law enforcement and Consolidation process. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~UBLICHEARINGS . Notice had been given that Public Hearings would be held on Monday, August 8, 1994, at 7:30 P.M. in the Assembly Room of the .....IIIl ~ / MINUTES-OF REGULAR MEETING, AUGUST 8, 1994 PAGE 223 New Hanover County Courthouse, 24 North Third street, Wilmington, North Carolina. The following Public Hearings were held: PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO PEGGY PORTER TO LOCATE A SINGLE WIDE MOBILE HOME AT 2617 OAKLEY ROAD (S- 365, 8/94) - Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. o The following persons were sworn in: Dexter Hayes, Planning Director Ms. Peggy Porter Mr. David Porter Ms. cynthia Avery Ms. Tammy Reason Planning Director, Dexter Hayes, reported Ms. Peggy Porter has requested a Special Use Permit to locate a single wide mobile home at 2617 Oakley Road. He presented the following preliminary Staff findings: 1. The Board of County Commissioners 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 based upon the following findings: a. The site has direct access to Oakley Road. b. The site is located in the Wrightsboro Volunteer Fire Department District. o c. The mobile home will septic tanks. No site determine suitability for be served by individual wells analysis has been conducted these services. and to 2. The Board of County Commissioners must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: " a. Mobile homes are conferment in the R-20 zoned R-20. permitted by Special Residential District. Use Permit The site is , " b. The tract complies with the minimum lot size of the R-20 District, and the minimum yard setbacks can be met. c. Adequate area is available to meet off-street parking requirements. 3. The Board of County Commissioners 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. A mixture of housing styles persists in the area, including mobile homes. o b. The site is located approximately 200 feet from property that is zoned B-1 Neighborhood Business, and a convenience food store is located on this site. 4. The Board of County Commissioners 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 l '~;p',,~. r. >~w.V~',~' ~, \~ "'Il -r."f:/i' ",. ./.! .;..\ , MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 22"4 development for New Hanover county based upon the following findings: a. There are mobile homes located throughout the general area. The largest concentration of these units is found in mobiTe home parks along Oakley Loop Road and on individual lots along Oakley Circle, a considerable distance from the subject "parcel. e Chairman Greer inquired as to whether the petitioner would like to comment. Mr. David Porter, the petitioner's son, reported the lot is 1.7 acres, and the mobile home will be placed on the back of the lot so it will not be seen from the road. He requested approval of the Special Use Permit for location of the mobile home on the proposed site. Chairman Greer asked Mr. Potter if he concurred with the findings of fact. Mr. Potter agreed with the findings as presented by the Planning Director. Chairman Greer inquired as to whether any persons already sworn in would like to comment. The following remarks were received: e Ms. Cynthia Avery, a resident living on Oakley Road, reported many residents of the community do not want another single wide mobile home placed on Oakley Road. The proposed site is at the entrance of the road, and the residents feel placement of a mobile home on this lot will detract from the overall neighborhood and devalue property. Ms. Tammy Reason, a new homeowner on Oakley Road, expressed concern for the value of her property and stated mobile homes should be placed in mobile home parks. With the continuing growth of new homes on Oakley Road, the residents feel that enough mobile homes have been located in the neighborhood. Mr. David Porter commented on the removal of debris from the lot and stated placement of the mobile home will greatly improve this unkept site. After living on this road for 20 years, he does not feel that surrounding property will be devalued because of the number of mobile homes already located in the community. The Commissioners were requested to approve the Special Use Permit. Chairman Greer closed the Public Hearing. e Chairman Greer commented on this request being similar to the case presented on July 5, 1994, and requested the Board to be sure the four General Requirements have been met with the findings and evidence presented. Personally, he is concerned about the proposed use injuring the value of adjoining property; therefore, he does not feel the Special Use Permit should be granted. Planning Director Hayes reported the mobile home will be placed at the back of the lot and will not be visible from the street. Motion: commissioner Barone MOVED to approve the Special Use Permit based upon the evidence presented concluding the four General Requirements had been met. The. MOTION FAILED DUE TO NOT RECEIVING A SECOND. " " Motion:, Chairman Greer MOVED, SECONDED by Commissioner Ca~~er ~o deny granting the Special Use Permit based upon the evidence' presented not satisfying General Requirement #3, which requires ..oIIl / MINUTES OF REGULAR MEETING, AUGUST 8, 1994 , PAGE 225 that the use will not injure the value of adjoining property or abutting property. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: commissioner Caster commissioner siss~n Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone o A copy of an order denying the Special Use Permit is hereby incorporated as a part of the'minutes and is contained in SUP Book II, Page 8. PUBLIC HEARING TO CONSIDER A REQUEST BY BATTISTA PICONE TO REZONE 1. 31 ACRES OF LAND LOCATED AT 5009 CAROLINA BEACH ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted to approve the rezoning request. It was felt the request represents a logical extension of the current commercial district and the expansion would be consistent with Polices for'Growth and Development. No persons spoke against the request at the Planning Board meeting. Chairman Greer inquired as to whether anyone present would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. commissioner Sisson expressed concern for existing buffering requirements adequately protecting the residential district from the commercial use and stated most tire companies have a tendency to place old tires along the side of a building or in the back of a building. He inquired as to whether the buffering will protect the residential district? o Planning Director Hayes reported setback requirements are based on the size and scale of the commercial use to be constructed. In this case, the developer provided additional buffering in the first phase of the project, which s,hould protect the,residential district. ~ _, '1- Motion: Commiss.ioner Barone MOVED, SECONDED by Commissioner Caster to rezone 1.31 acres of land located at 5009 Carolina Beach Road to B-2 Business from R-15 Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOV~R AMENDING THE ZONING MAP OF ZONING AREA .NO. 4 OF NEW'HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL 7, 1971," is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section.4, Page 39. ~ PUBLIC HEARING TO CONSIDER A REQUEST BY LUCY HIERONYMUS TO ESTABLISH LIMITS ON THE CONVERSION OF A NON-CONFO~ING USE TO ANOTHER NON-CONFORMING USE (A-256, 7/94) Chairman Greer opened the Public Hearing. o . Planning Director, Dexter Hayes, reported the Planning BO!'lrd' s discussion.focused on the .general requirements applicable to the conversion 'of non-conforming uses. A. few members of the Planning Board were satisfied with the current language, but 'agreed that further clarification was needed. After further discussion, the planning Board voted to recommend approval of the clarification with the uriderstanding the language recommended by Staff would be used instead of the proposal submitted by the applicant. ,'. l e e e jj,t'l"J:I' ., ~ ,.'ti~, ,J.,'c~" MINUTES OF REGULAR MEETING, AUGUST 8, .1994 PAGE 226 The applicant, Lucy Hieronymus, recommended using the following language: Add: section 45-2.2: A non-conforming use may not be changed to another non-conforming use by the Zoning Board of Adjustment if it involves a change from the designated conforming zoning density to higher zoning density. The persistence of non-conforming zoning densities, when a change to other non-conforming uses is requested, must proceed through the Planning Board and County Commissioners as a zoning change. staff and the County Attorney's office, thoroughly reviewed the applicant's proposal and agreed in principle that the present guidelines used by the Zoning Board of Adjustment should be narrowed. Staff recommended using the following language: Amend section 45-2.2: A non-conforming use may be changed to another non-conforming use only in accordance with approval issued by the zoning Board of Adjustment. The Board shall issue such approval if it finds that the proposed use will be more compatible with the surrounding neighborhood than the use in operation at the time the approval is applied for; provided. however, the Board shall not approve a residential use of hiqher density than that otherwise in the zoninq district.... Chairman Greer inquired as to whether this case has been heard by the Zoning Board of Adjustment? Planning Director Hayes reported the Zoni~g Board of Adjustment heard the variance and denied the request. The case was then appealed to Superior Court where the decision by the Zoning Board of Adjustment was upheld. commissioner Caster reported on the complexity of this request and stated this is an incident where an individual desires to purchase a mobile home park for placement of high density housing on the site. This individual went to the Zoning Board of Adjustment to request a variance for high density housing and was denied the request. . Commissioner Caster inquired as to why the zoning Board of Adjustment did not approve the variance? Planning Director Hayes reported the Zoning Board of Adjustment agreed with the interpretation of the Planning Staff feeling that the request would be a change of use. New Hanover County has a separate set of regulations governing mobile home parks. The zoning Ordinance is a separate set of regulations dealing with high density development. Since the current use is a non-conforming use under the mobile home park regulations, this individual used the mobile home park regulations and modified them to comply with another set of regulations in the Zoning Ordinance which was not possible because the use did not meet the density requirement; was not consistent with the Land Use Plan; was not consistent with the location; and was not consistent with the access requirements for the development of high density property. For these reasons, the Zoning Board of Adjustment denied the request. Assistant County Attorney, Kemp Burpeau, reported this is a case where a non-conforming use is being used to leverage another non-conforming use. When switching a use from a mobile home park into a high density development, this type of request should be reviewed by the Technical Review committee of the Planning Board where the members have the knowledge and expertise to know how land should be divided afld platted. Due to the vague language in the Zoning Ordinance, it was felt the proposed Text Amendment should be approved in order to avoid this type of situation from occurring in the future. .... / MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 227 Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received. Mr. A. J. Tyson, owner of the property, expressed concern for being penalized for being a good neighbor and requested postponing a decision until he has time to prepare a proper rebuttal. Dr. Don Getz, representing the Airlie Road Association, reported the Association has been active in trying to preserve the quality of life in the Airlie Road area with adoption of the Airlie Road Plan by the Board of County Commissioners a number of years ago. There are many mobile home parks in the area because this land was zone R-15 Residential and the parks were in existence at that time. It was hoped when a non-conforming use was no longer a non-conforming use, the use would be upgraded to be consistent with the area. Because of the loophole in the Ordinance, it allows the zoning change, or the high density zoning used in a mobi~e home park, to potentially continue at the judgement of the Zoning Board of Adjustment. This is not to say that this individual cannot have a high density zoning project; however, he should be required to go through the Planning Board and normal process required for zoning changes. The main concern is allowing the normal rezoning process to be by-passed through the Zoning Board of Adjustment in this case. The Airlie Road Association is requesting that all zoning changes follow the normal rezoning procedures through the Planning Board with final approval by the Board of County Commissioners, not through the Zoning Board of Adjustment. Chairman Greer asked if more mobile homes could be placed in the park? Planning Director Hayes reported no additional mobile homes can be placed in the mobile home park. The existing park does not comply with the current Mobile Home Park Regulations; therefore, the park does not meet the design criteria for existing mobile home parks. The reason the current number of spaces is allowed is because the mobile home park existed before County Zoning Regulations were adopted. Chairman Greer asked Dr. Getz if the neighborhood would like to see the mobile home park remain in the area? Dr. Getz responded the neighborhood would prefer,the mobile home park in lieu of high density zoning. Chairman Greer closed the Public Hearing. Chairman Greer expressed concern for making a decision based on one case, but stated he does not feel it was the intent of the regulations to allow a back door approach to circumvent the normal rezoning regulations. Motion: Commissioner sisson MOVED, SECONDED 'by Commissioner Barone to amend section 45-2.2 of the Zoning Ordinance as recommended by the Planning Staff and Legal Department. The floor was opened for discussion. Chairman Greer requested the Planning Director to explain the change? Planning Director Hayes reported the following sentence will be added to Section 45-2.2: "provided, however, the Board shall not approve a residential use of higher density than that otherwise allowed in the zoning district".. This amendment will apply to any residential use where there is a change in density. Mr. Tyson requested time to prepare a proper response to the proposed Text Amendment. o o o e e e -f'W.,'''''''''.' .:\"l.....A'ytj. f;"" """'Ill 1"~'? f-i!-' MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 228 County Attorney Copley reported Mr. Tyson's case has been decided by the Court; therefore, unless some radical change occurs, it would not be appropriate to consider his request. Chairman Greer expressed concern for this Text Amendment applying to all changes in density and recommended limiting the proposed amendment to mobile homes parks. Commissioner sisson stressed the importance of density projects going through the normal zoning process and stated the Planning Board and Board of County Commissioners should hear these requests. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1996, is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 16. BREAK Chairman Greer called a break from 10:12 P.M. until 10:30 P.M. POSTPONEMENT OF PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO MODIFY THE DENSITY CALCULATION FOR PERFORMANCE SUBDIVISIONS BY ELIMINATING THE SUBTRACTION FOR CLASS IV SOILS IF THOSE SOILS ARE PLACED INTO CONSERVATION (A-257, 7/94) Commissioner Barone requested postponing this Public Hearing until the first meeting in September since the hour is late and this issue needs to be thoroughly discussed. Consensus: It was the consensus of the Board to postpone the Public Hearing until the first meeting in September. PUBLIC HEARING TO CONSIDER NAMING AND ASSIGNING STREET NUMBERS TO A PRIVATE ROAD LOCATED ON THE WEST SIDE OF BLUE CLAY ROAD, 450 FEET NORTH OF WOODHAVEN DRIVE FROM SHANNON DRIVE TO "GLAZIER ROAD" (SN- 70, 8/94) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, requested the Commissioners to consider renaming a private road located on the west side of Blue Clay Road from Shannon Drive to "Glazier Road" and authorize reassignment of house numbers. The present name is a duplication and in order to avoid any problem for the 911 Center when responding to an emergency, the road should be renamed and new house numbers assigned. The County will be responsible for installing a street ,ign if approved. Chairman Greer asked if any persons present would like to comment. No remarks were received: Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to name the private road to Glazier Road and assign house numbers as recommended by the Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 16. DISCUSSION OF REQUEST FROM NASH COUNTY FOR SUPPORT OF RESOLUTION GIVING AUTHORITY TO COUNTIES TO ENACT AN ADDITIONAL LOCAL OPTION SALES TAX FOR THE CArITAL NEEDS OF EDUCATION . County Manager O'Neal reported Nash County is seeking support of the New Hanover County Board of Commissioners for adoption of a resolution that will give counties authority to enact an additional ....J ~ MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 229 local option sales tax for capital needs of education. Due to the increasing need of funds to provide adequate facilities, the Nash County Board of Commissioners voted unanimously to seek legislative authority for the additional local option sales tax. Chairman Greer commented on being in favor of adopting a resolution and stated, in his opinion, this i3 an excellent idea. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt a resolution seeking legislative authority to allow counties to enact an additional local option sales tax for the capital needs of education. Upon vote, the MOTION CARRIED UNANIMOUSLY. o A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 16. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session to hold a regular meeting of the Water & Sewer District at 10:40 P.M. Chairman Greer reconvened to Regular Session at 11:07 P.M. ADDITIONAL ITEMS - COUNTY MANAGER Appointment of County Manager O'Neal to Serve on the Planning Committee of Cape Fear community College County Manager O'Neal reported Mr. Chuck Agnoff, a member of the Cape Fear Community College Board of Trustees and Chairman of the Planning committee, has requested that a County Commissioner or the County Manager be appointed to serve as a member of the Planning Committee for Cape Fear Community College. The purpose of the committee is to identify trends and other data necessary for developing plans and goals for the College. o Motion: After discussion, commissioner Sisson MOVED, SECONDED by Commissioner Barone to appoint County Manager O'Neal and/or his designee to serve on the Planning Committee for Cape Fear Community College. Upon vote, the MOTION CARRIED UNANIMOUSLY. Adoption of a Resolution to Ensure Appropriate Use of County Funds Allocated to Non-County Agencies County Manager O'Neal reported Commissioner Sisson requested Staff to prepare a resolution to ensure appropriate use of County funds allocated to non-county agencies. If the resoluti(;m is adopted by the Board, all non-county agencies will be notified and this resolution will be incorporated into the contracts with non- county agencies for the next year. Motion: commissioner Sisson MOVED, SECONDED by Commissioner Barone to adopt the resolution. The floor was opened for discussion. Chairman Greer expressed concern for the wording in the last paragraph which seems harsh and recommended changing the verbiage. county Attorney Copley recommended amending the resolution to read as follows: The Board of County Commissioners reserves the right to make on site visits, request information, and conduct performance aUdits/reviews to ensure that County funds are spent for the purpose for which they were allocated. o Amended Motion: commissioner Sisson AMENDED THE MOTION, SECONDED by Commissioner Barone to adopt the resolution with the amended language as recommended by the County Attorney. Upon vote; the MOTION CARRIED UNANIMOUSLY. . . e e e ..... < 1if~1 ~' '1:\~ ..' MINUTES OF REGULAR MEETING, AUGUST 8, 1994 PAGE 230 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXII, Page 16. Announcement of Invitation from the City of Wilmington to visit Savannah, Georgia, Georgetown, Charleston, and Beaufort, South Carolina to Observe the Manner in which These Communi ties have Addressed Tourism, Boating Access, and Parking . County Manager O'Neal reported the city Manager has invited the Commissioners and members of the Manager's Staff to take a trip on August 18-19 to visit the cities of Savannah, Georgia, Georgetown, Charleston, and Beaufort, South Carolina, to see how these cities have addressed boating access, tourism, parking, historic preservation, entertainment, retail, etc. He asked if any Commissioners would like to accept the invitation? After discussion, Chairman Greer expressed appreciation for the invitation and directed the County Manager to select a member from his Staff to go on the trip. Authorization to Proceed with Appointment of the New Hanover county Criminal Justice partnership Advisory Board Deputy County Manager, Andrew J. Atkinson, requested authorization to move forward with appointment of members to serve on the New Hanover County Criminal Justice Partnership Advisory Board. In order to ,be eligible to receive grant funds in the amount of $155,835.55, the County should move forward with appointment of the Advisory Board as soon as possible. The grant funds will be used, to plan and implement a program that will serve offenders sentenced to non-incarcerative intermediate punishments, or offenders in confinement awaiting trial. The enabling legislation is very explicit and will require an extensive amount of work to prepare a grant application by April 15, 1995. According to the enabling legislation, a County Commissioner can be appointed to serve on the Advisory Board; however, this is not mandatory. Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to authorize Staff to move forward with the appointment of members to serve on the New Hanover County Criminal Justice Partnership Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Adoption of Resolution in Support of the Cape Fear River Program Commissioner Caster, the County's representative on the Cape Fear River Program, requested adoption of a resolution to support the proposed Cape Fear River Program in order to assist the group to obtain grant funds from the N. C. Rural Center. The Board has informed him that New Hanover County will not be requested to participate in funding of the program. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to adopt the Resolution of Support for the Cape Fear River Program. 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 XXII, Page 16. Status Report on Hiring a Director for the Southeastern Center Commissioner Sisson reported the two finalists to interviewed for the Director's position should be decided on by end of this week. Hopefully, a new Director will be hired by end of september. be the the Report on 1994 National Association of Counties Conference Chairman Greer reported the conference was most informative with many programs presented on the major problems confronting county government. He announced that commissioner W. B. Teague, Jr. from Alamance County was elected to serve ,on the 'National Association of Counties Board of Directors; The North Carolina ..oIIIl / ,M:J:NU.TES OF REGULAR MEETING, AUGUST 8, 1994 PAGE- ;2 3fl1 Delegation was pleased to have a director from North Carolina on the national board. Discussion of Letter Received from Ms. Louise McColl, Chairman of the Board of Directors of the cape Fear Coast Convention and visitors Bureau Commissioner Barone reported on the letter received from Ms. Louise- McColl, Chairman of the Convention and visitors Bureau, relative to the need for placement of a sign on the corner of Market & 3rd streets to better identify the location of the Information Center; approval for redesign of a more visible sign in front of the Courthouse; and a requedt for ten additional parking spaces for visitors in the lot adjacent to the Courthouse. She requested the County Manager to review this request and report back to the Board of County Commissioners as to how these concerns can be addressed. o Discussion of Terms for New Hanover Regional Medical Center Board of Trustees County Attorney Copley reported Dumay Gorham, the attorney representing New Hanover Regional Medical Center, has requested that terms for new trustees begin on the date of the October Board of Trustees meeting (not October 1) and end three years later on the date of the October Board of Tru~tees meeting. I . Consensus: It was the consensus of the Board for the terms of new hospital trustees to begin on the date of the October Board of Trustees meeting and end three years. later on the date of the October Board of Trustees meeting. ADJOURNMENT ,- Chairman Greer adjourned the meeting at 11:32 P.M. J .~~z:' Lucie F. Harrell Clerk to the Board o o -- ~ " .. ,It J.....,lo