1994-09-06 Regular Meeting
"Ill
"MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1'11'94
'l;~.:",-'''''' .r~;":-."
PAGE '265
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Tuesday, September 6, 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
Reverend Frank Perry, of the
Reconciliation, gave the invocation.
FLAG
Lutheran
Church
of
Vice-Chairman Mathews led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone from the general
public would like to present an item not listed on the Regular
Agenda or comment on an item listed on the Consent Agenda.
Attorney Thomas C.
County Republican Party,
why the Republican Party
Goolsby, representing the New Hanover
read the following resolution explaining
was opposed to the Smart Start Program:
,
Whereas, the New Hanover County Republican Party is against
government intrusion into the role of the family; and
e
Whereas, the needs of children in New Hanover County are not
currently being met by the existing programs paid for by state
and federal monies; and
Whereas, the N. C. Republican
responsibility should be placed on
well being of their children;
Party feals as if some
parents with regards to the
BE IT THEREFORE RESOLVED that we oppose Smart Start as it is
currently being presented because it undermines the very
important role of the family.
e
Mr. Larry McFarlane, a full-time educator in the Catholic
School System and a concerned citizen, expressed opposition to the
Smart Start Program and stated Smart Start is not the result of a
democratic legislative process. The N. C. Legislature never voted
for or against funding for Smart Start. On the contrary, the State
Leg:i:slature insisted that Smart Start be taken out of the 1993
Budget. The funding for Smart Start came from the surplus in the
199"3,,'Budget which were discretionary funds that could be used by
the Governor. In the State of Alaska, when there is a surplus of
~ax generated revenues, the taxpayers are provided a tax refund.
'In~North Carolina, the taxpayers receive radical left-wing social
spen'ciing programs. Smart Start is a government operated child day
care>p).'ogram as indicated in the application with 75% of funds to
be used for-child day care. Many child day care providers are in
"
favor of Smart Start because money can be made from the program.
Also, why is a high-paid professor at UNC-W being used by Governor
~unt 'to jam S~art Start down the throats of duly elected County
_',Off i~ials. In summary, there are many reasons not to endorse
~Governor Hunt's Smart Start Program. The Commissioners were urged
t~ vote in opposition to the Smart Start Program.
Ms. Mary Mason commented on following the Smart Start Program
for the past year and reported on attending the various meetings.
-Usually when an organization desires to implement a social program
at the taxpayers expense, a study will be performed to collaborate
. ,..
~
/
/
I
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE- 266;
the beliefs in the purpose of the program. Smart Start has
performed such a study entitled the "High Scope Perry Study". The
study claims children, ages 3 and 4, participating in day care
programs have performed better in school with higher IQ's and have
been able to obtain better jobs as adults. The Smart Start
curriculum includes the following programs: (1) making and
expressing choices, plans and decisions; (2) solving problems
encountered in play; (3) taking care of one's own needs; (4)
expressing feelings in words; (5) participating in group routines;
(6) being sensitive to the feelings of others; (7) building
relationships with others; (8) creating and experiencing play; (9)
dealing with social conflicts; (10) recognizing objects by your
senses; (11) relating pictures to places; and (12) making models
out of clay and blocks. The Commissioners must decide if these
types of programs are life changing experiences, and will they
increase productivity in children or decrease crime. Also, the
Commissioners must be aware of the costs involved with
administering these programs. Charts and details were presented on
the costs involved with Smart Start. The figures reflected that
the cost per week per child will be $241. 73 per week totaling
$12,570 annually. with 7,871 children ages 0-5 in New Hanover
County, this program would cost the taxpayers $98 million. How can
the taxpayers afford this program?
Ms. Kathy Sabella reported when presenting the Smart Start
project, the High Scope Perry Study was presented as one example of
what high quality child care can do for children. Smart Start does
not plan to implement the High Scope Perry programs to children in
New Hanover County. Smart Start proposes to support quality child
care for all children in all kinds of environments.
Mr. Jim Finley, operator of the Little Friends Learning
Centers since 1980, stated as a private operator he is not in the
business for money. The reason he and his wife became involved
with the Learning Centers was to share their expertise and sense of
commitment to meeting the needs of parents and children. In terms
of Smart Start being a government operated child care program, he
does not feel this is the case. He understands this program to be
a cooperative effort between the public and private sector in
providing quality day care. As a private operator, this will
provide a more level playing field in terms of delivering child
care services. Much of the opposition to Smart Start comes from
the private, not for-profit sector, characterized by many churches.
The people who are concerned about government intervention and
government mandated curriculums are riot regulated with the same
licensing requirements as the c~nters who work with subsidized day
care. The taxpayers in New Hanover County have sent the money to
Raleigh; therefore, the Commissioners should support this program
so the money can be returned to the County for the enhancement of
child care for our children.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested removal of Consent Agenda Items 3 and
8 for further discussion.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to remove Consent Agenda Items 3 and 8 and approve the remaining
items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Work Session
held on August 18, 1994, as presented by the Clerk to the Board.
Adoption of Resolution to Authorize the Sale of Surplus Property
owned by the City of Wilmington and New Hanover county .
The Commissioners adopted a resolution to authorize the sale
of jointly owned City/County property located at 603 Church Street
identified as follows:
o
o
o
.'
, '
~~;:.';,~ ,.,.... J.~'~: . - ,:"'i ":.I;'.iA;i'~'~,
,:",:: '';'K'~'I\),~,'~ ,,;~,tl /~\'.,.\t\ i~W'" 1,',1,;-' r/i)" "''':~, '.
~::\~~~tJ':,'(~' .~. 'L~;~~l r"I' ~. ':~',(:::~1}.{~~,~;.
',1,,; '~. ~
"'Il
, , .~~t\,,, ,
j~(..(;,. ~ . .
"'. ,,\'~._v~ "~~::"(}ii j. ';; :,"'i ii~,~",~,~"II._:" t'.~.r"~.,,..
.r-ri".".....!:~72\~.1': 6' ""~., ^.'-
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
"'.;.,1'
PAGE 267
Parcel No.
054-05-028-010.000
Address
603 Church st.
Amount of Offer
$611. 00
Tax Value
$1,017.00
Offeror:
Mike Alan Maxwell
609 Church street
Wilmington, N. C.
Market Value
$ 580.00
e
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 18.
waiver of Tip Fees for "Big sweep '94" Sponsored by Keep America
Beautiful - New Hanover County Landfill
The Commissioners granted Keep America Beautiful a wavier of
tip fees for the trash collected while cleaning the beaches and
waterways during "BIG SWEEP '94" to be held on Saturday, September
17, 1994.
Adoption of Proclamation Declaring saturday, september 24, 1994, as
"Hunting and Fishing Day" in New Hanover county
The Commissioners adopted a proclamation declaring Saturday,
September 24, 1994, as "HUNTING AND FISHING DAY" in New Hanover
County.
e
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 18.
Adoption of Resolution to Request the secretary of the Department
of Human Resources to Consolidate and Assume All Payment Functions
of the Child Day Care Programs at the Division Level )(
The Commissioners adopted a resolution to call upon the
Secretary of the Department of Human Resources to consolidate and
assume all payment functions of the Child Day Care Programs in'the
state at the Division level. This action will provide relief to
~h~ county departments of social services by providing funds for
the administration of the programs of child day care.
, A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 18.
Acceptance of Arts Council Grassroots Grant for the Cape Fear
Museum and Approval of Budget Amendment #95-0037
The Commissioners accepted the Arts Council Grassroots grant
in the amount of $1,000 to support programs related to the Museum's
Live Performance Series and approved the associated Budget
Amendment as listed below. The 10% County match has already been
included in the FY 1994-95 operating budget of the Museum, and the
County Manager was authorized to execute the necessary documents.
,".' "
95-0037 - Museum
Debit
Credit
Museum
Arts Council Grant
$1,000
Museum
',~ontract Services
$1,000
e
'A
A copy of the contract is on file in the Legal Department.
,.....p."
~; .. }~.
Adoption of Re'solution to Award Bid and contract #95-0066 to
Beaumont Birch Company - WASTEC Facility
r The commissioners adopted a resolution to award the bid and
contract to B~aumont Birch Company (the only responsible bidder) in
the ainount 'of' $52,050 for two siftings conveyors for the WASTEC
.f." c..""tt'" .~ '.1;1'-' . .
., Fac'1.l>1.ty. The Cha1rman was author1zed to execute the contract
dociilmehts .'
" ,.
A "~~~.;,r
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 18.
,
~
/
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE. 268,
A copy of the contract is on file in the Legal Department.
Acceptance of Title III-F Health Grant Award and Approval of Budget
Amendment #95-0034 - Senior Center
The Commissioners accepted the Title III-F .Health grant
awarded to the Senior Center in the amount of $8,688 and approved
the associated Budget Amendment as listed below. The grant funds
will be used to promote health awareness and to fund another health
fair. The required 10% match is included in the FY 1994-95
operating budget for the Senior Center.
o
#95-0034 - Department of Aging
Debit
Credit
Aqinq!Senior Center
Title III-F Health Grant
$8,688
Aqinq!Senior Center
Title III-F Health
$8,688
Purpose: To establish the budget for Title III-F grant awarded to
the Senior Center from the Division of Aging.
Approval of Budget Amendment #95-0035 for Replacement of Air
conditioning units at the Southeastern Center
The Commissioners approved the following Budget Amendment:
95-0035 - Non-Departmental/Property Management
Debit
Credit
Non-Departmental
Contingencies
$25,000
Property Manaqement
Other Improvements $25,000
o
Purpose: To budget funds for the replacement of three (3) air
conditioning units at the Southeastern Center.
Approval of Budget Amendment #95-06 - Department of Social Services
(DSS) Building Expansion
The Commissioners approved the following Budget Amendment:
95-06 DSS Building Expansion
Debit
Credit
DSS Buildinq Expansion
operating Transfers In
Installment Loan Proceeds
$ 95,000
$1,055,000
DSS Buildinq Expansion
Capital project Expense
$1,150,000
Purpose: To increase the budget as approved at the Regular Meeting
of the Board of County Commissioners held on August 8, 1994. The
installment debt for the project will be paid in four (4) years.
Approval of Budget Amendment #95-0033 - Department of Aging
Debit
Credit
o
Aqinq!Home-Delivered Meals
Bridge-HDM
$7,223
Aqinq!Home-Delivered Meals
Meals-Bridge
$7,223
Purpose: To rollover unexpended "bridge" funds from FY 1993-94:
Approval of Budget Amendment #95-0036 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
e
e
e
:'}j.'
,'~' ..
'If i}. ,,'~
""Ill
t, "1 ;~~ "'~;
:
(''::;' ~.: "f',~ "
M~NUTES' OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 269
95-0036 Sheriff's Department/Controlled Substance Tax
Debit
Credit
Sheriff's Deot./Controlled Substance Tax
Controlled Substance Tax $9,827
Sheriff's Deot./Controlled Substance Tax
Departmental Supplies $9,827
Purpose: To increase the budget for revenue received on August 23,
1994, for the period ending March 31, 1994.
Adoption of Resolution to Authorize Renewal of Contract #95-0100
with N. C. Correction Enterprises - WASTEC Facility and Landfill -
Consent Agenda Item 8
Chairman Greer inquired as to why the County can deduct only
$3.00 when an inmate is absent instead of the daily rate of
$211. 50?
Director of Environmental Management, Ray Church, reported the
calculation of $3.78 per hour includes the cost for supervision.
The inmates receive only a $1. 00 per hour. The reason for
deducting only $3.00 is because the daily rate must be paid to the
slipervisor regardless of the number of inmates working on a
particular day.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt a resolution to renew the contract with N. C. Correction
Enterprises for use of inmate labor at the WASTEC Facility and
Landfill. The term of the contract is effective November 1, 1994,
through October 31, 1995. The Chairman was authorized to execute
the contract documents. 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 18.
A copy of the contract is on file in the Legal Department.
Chairman Greer reported he did not withdraw Consent Agenda
Item 9; however, if the funding for this request has been adopted
in the current budget, a report should be included in the agenda
packet reflecting the amount of funds left in the budget after
deduction of the $52,050 expenditure.
Director Church reported he will be glad to furnish these
figures on future agenda items and asked, if possible, he would
like to present a brief update on the status of the WASTEC
Facility.
Director Church presented figures showing that a ton of
garbage currently generates $9.12 per ton compared to $8.21
generated in FY 1992-93 prior to maintenance improvements at the
WASTEC Facility. Also, energy production is up $14.00 per ton
compared to $7.00 per ton a year ago. This is a result of re-
negotiating contracts and more BTU output, which has increased the
amount of steam and electricity generated. He requested the Plant
Manager, John Hubbard, to discuss the benefits of the three-year
maintenance plan.
Plant Manager, John Hubbard presented a list of the
maintenance items to be completed. Out of 44 maintenance items
scheduled for this year, 25 items have been completed, 13 partially
completed, 6 deferred or canceled, and 3 non-scheduled projects
partially completed. Due to these maintenance projects and the
purchase of major equipment, the plant is operating much more
~fficiently and has produced more steam and electricity with full
utilization of two boilers. with a 13% reduction in trash received
and a 22% decrease in on-stream time (boilers on line) more steam
and electricity has been produced. There was a 20% increase in the
~molint of electricity sold to Carolina Power & Light Company. If
~
/
~INUT~S OF REGULAR MEETING, ~EPTEMBER 6, 1994
P~.GE .2,7',0
more trash had been received and all three boilers had been
operating, the plant would have greatly increased its production of
steam and electricity, which would have increased the amount of
revenue generated from the sale of these items.
Chairman Greer expressed appreciation to management and the
employees at WASTEC for the fine job being performed in the
operation and efficiency of the plant.
Adoption of Resolution to Rescind Prior Acceptance of Offer to
Purchase property at 817 Walnut street - Consent Agenda Item 3
County Manager O'Neal reported after discussion with the City
Manager, the person who made the offer to purchase the property
plans to use the property for rental and investment purposes.
since the property is located in a target area designated for
homeowner activities, the city has requested rescinding the prior
acceptance of the offer.
Chairman Greer expressed concern for the offer being made in
September 1993 and inquired as to why this item has been delayed
for this period of time?
County Manager O'Neal responded that he could not answer this
question. The correspondence from the city Manager was dated
August 15, 1994, therefore, the item was placed on tonight's
agenda. Also as a matter of information, the commissioners voted
to support the City's housing programs in order to return property
in target areas throughout the City back into homeowner areas.
Chairman Greer expressed concern for giving up jointly owned
surplus property to Wilmington Housing Finance and Development,
Inc. and reported he feels the individual should be able to
purchase the property.
Motion:. Commissioner sisson MOVED, SECONDED by Vice-Chairman
Mathews to adopt a resolution rescinding prior acceptance of an
offer to purchase property at 817 Walnut Street owned jointly by
the City of Wilmington and New Hanover County. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Voting Nay: Commissioner Caster
Chairman Greer
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 18.
PARTNERSHIP FOR CHILDREN PRESENTATION ON APPLICATION FOR SMART
START FUNDING
Dr. Mark Lanier, Chairman of the New Hanover County
Partnership for Children, expressed appreciation to the Board of
County commissioners for the time and attention given to consider
the application for Smart Start funding. He also expressed
appreciation to the people who have been involved with the New
Hanover County Partnership for Children and requested the persons
present to stand.
Dr. Lanier presented the following report on the Smart Start
application:
summary of Needs and Resources Assessment
New Hanover County is the home of approximately 7,871 children
under the age of five. Half of these children are eligible for
Medicaid and 1,000 children do not have medical insurance. In
other counties, Smart Start funds have been used to provide health
screening for vision, hearing, or other problems prior to entering
school.
o
o
o
e
e
,e
;"" }, ~'~;~."~'~tJ,!'; ijj:-4 ~,,!.,t' I.
.' " . ~,,, . ~,' ,
"Ill
.-..; {
,
..' i''';i$~x~j.;,~) "...{.-.'It "
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE '27'1
Resources for children and families in New Hanover County are
fragmented. The complex and highly categorical funding resources
create frustration and discourage whole family and whole child
service strategies. An enormous amount of professional and client
time is given to the enforcement and administration of these
services. Even in the best of situations, there are either gaps or
overlaps in services. The Smart Start Program is designed to fill
in these gaps and bring about a more efficient delivery of
services.
Literacy skills of many parents in New Hanover County have
been identified as a problem in the Needs and Resources Assessment,
which has made it difficult for parents to gain knowledge of
existing resources. Also, homelessness and substance abuse by
parents was frequently mentioned by all respondents of the 1994
Needs and Resources Assessment as major barriers preventing
children from receiving adequate services even though these
services may be available. This also contributes to the high rate
of child abuse and neglect in New Hanover County, which ranks 96
out of the 100 counties in the state.
The New Hanover County Schools have a screening program with
incoming kindergarten students. The purpose of the screening is to
alert educators to students with potential problems as well as
indicate which students may be developmentaliy advanced. There are
three subtests: motor, concepts, and language. The expectation is
that the percentile ranks would form a "bell shaped" or normal
distribution with half of the children below the fiftieth
percentile and half above the fiftieth percentile with the median
close to fifty percent. New Hanover County exceeded that
expectation in 1993-94 with a median score at the sixtieth
percentile for the total battery, motor at 52%, concepts at 55%;
'ana~language at 70%. However, of the 1,594 children screened, the
following numbers fell below the tenth percentile indi_cating a
potential problem: motor, 202 children; language, 52 children; and
concepts, 194 children. The total battery scores indicated that
. 16'0- _ children have potential problems. Educators believe that
qu~llty preschool experiences would significantly erase the
deficits of this 10% of the population.
,:lt~t~" .
Additionally, in the 1993-94 kindergarten class, 33 students
were identified as having uncorrected or untreated vision problems,
98f had uncorrected or untreated hearing problems, 68 had
uncorrected or untreated speech or language problems, and 145 had
dental needs that had not been addressed. Health screening could
address these physical problems at an earlier age so that these
cn'i-ldren would have the benefits of a healthy body for maximum
development. Treating a child at an early age is the time to
address these problems. If a problem remains untreated after the
first grade the child becomes at-risk and becomes a barrier for the
teacher and other children in the classroom.
,: ~lt"'/
commissioner Barone requested a definition of the term at-
risk?
:~<
.!/
.'-
D~. Lanier reported at-risk has many meanings; however, he is
using }the', term in the context of a child being already behind
developmehtally before starting school. It has been found that
these children usually have to attend special remedial programs and
~~. .
later have a great -chance of becom1ng a school drop-out, a drug
user, a teenage pregnancy statistic, and eventually dependent upon
the welfare system.
commissioner Barone asked Dr.
implementation of the Smart Start
teenage pregnancy statistics?
Lanier if he
Program would
thought- the
decrease the
.Dr. Lanier reported the answer to this question will depend on
whether this issue is included in the local plan. If the
~
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 272
restructured Partnership Board focuses on teenage pregnancy, then
the number of pregnancies should be reduced.
In New Hanover County there are no licensed day care centers
that are NAEYC accredited and no registered family child care homes
that are NAFDC accredited. Both of these accreditations are
nationally recognized and have very high standards. The quality of
child care varies and many providers desire the Smart Start funding
to improve the quality of child care and obtain the necessary
licensure to better meet the needs of the children.
New Hanover County has child care resources available;
however, they are not sufficient to meet the needs or the requests
of consumers. New Hanover County's waiting list for subsidized
child care for children from 0-5 years of age is approximately 504.
Much discussion has been held on this issue including radio talk
shows, and it is felt by the current local Partnership Board that
any number of children on a waiting list is too many. As to
scholarships being available, in 'essence, that is the definition of
a subsidy. Many working poor parents that cannot afford day care
may have to drop out of their jobs to take care of their children,
which is a real issue that must be addressed.
commissioner Barone commented on the four subsidized day care
programs administered by the Department of Social Services and
asked if working parents are given preference or priority in being
able to participate in the day care programs? She stressed the
importance of some form of preference being given to working
parents who are trying to raise their children in a responsible
manner and who are contributing to society.
Ms. Kathy Sabella, a member of the Partnership Board, reported
the Department of Social Services does provide child care subsidies
to children with special needs, parents involved with child abuse
or neglect, parents going back to school, or parents seeking jobs.
It is her understanding that under the transition program, working
parents do qualify for the child care subsidy for a period of one
year. Unfortunately, when the child care subsidy is eliminated,
the parent quite frequently cannot afford child care and will
return to the welfare system.
Dr. Lanier reported the current priority at the Department of
Social Services is for child protective cases, children identified
as being at-risk, and foster children. Smart Start funds would not
have to be designated in the same manner and pri<;>rity could be
given ~o other populations. Other groups could be considered if
this is of greater concern to the restructured board.
Part II: Why Your County?
Dr. Lanier reported New Hanover County should be selected as
a Smart Start Partnership becaus~ of the unique strengths and
weaknesses associated with a county that has a strong service
economy. New Hanover county has a strong economy with a fast
growing population. strengths include: a strong tax base, a
regional medical center with a high number of medical
professionals, and a growing state university with a nursing school
and school of business.
In March 1994, the New Hanover County partnership for Children
was organized. By May, the group had expanded to 150 members
representing 80 parents, churches, businesses, day care providers,
community organizations, and agencies. This group would form the
Smart Start program at the grass roots level. The mission was to
create a system of quality services that would be comprehensive,
community based, and accessible to children, youth and families in
New Hanover County. The maj or goal of the Partnership was to
support families and promote the development of the.whole child' sor
that every child will grow up healthy, secure, and capable of
becoming literate and economically productive." The group chose the
following nine standards to be considered in implementing this
o
o
o
.:~.'{; ,':'!rt'''''>'-~' ':~'/;
.\, 'l.'.:I:;\~:"'~r .q
h'
"f'.:"i~."-'''' >>, 'F~~}(;~i' ': ."
"lIIl
;,'1;
, .
.~ \~~?{~~~::!)~; ~';L~~\"Hj\ 1::'
" ',f
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 273
goal, and it is felt by the current Partnership Board that these
standards should be kept by the new restructured board:
1. Familv Focus: Parents are children's first and most important
teachers. They should have access to a comprehensive system of
community services that promote parent involvement in the care and
education of children.
e
2. Heal th Start:
accessible services
to all children and
A primary focus will be a full array of
that offer prevention, treatment, and support
families.
3. Hiqh Qualitv: Early childhood environments should be safe,
healthy, and developmentally appropriate for the child's level of
intellectual, physical and social-emotional development.
4. Parent Choice: Parents should be able to choose from a diverse
range of quality early childhood care and educational settings.
These settings should include: public, private, religious, and
non-profit organizations that are sensitive to cultural diversity,
in both family and group settings.
5. Consumer Friendlv Delivery Systems: Quality and choices of
services must be equally accessible to all families.
6. continuity: The system should work so that all children can
have stability and continuity in their early childhood care and
education arrangements.
7. Valuinq of Careqivers: Caregivers and staff should be trained,
well compensated, and valued in the community.
e
8. Community Collaboration: The system should
prJyate, and non-profit sectors of the community
and- collaborative network of services that reaches
'theJopopulation.
~,}'.I: ;\
9: .~ Workplace Support: The workplace should support and assist
pare'nts in the care and education of children by establishing
'family-frierid;J.y policies such as: flexible schedules, release time
.for care of family members, and subsidized child care.
include public,
in an inclusive
every segment of
Discussion was held on the use of Smart Start funds. Dr.
Lanier explained that in the list of services stated in the
e,ria,:bling legislation that funds can be used for other activities
sucn as transportation, health screening, money for public library
~story hours, and anything the local citizens want in a plan as long
as .it is reasonably and developmentally sound in the interest of
children from ages 0-5. Smart Start is not for child care only.
i,:' '.~,. Commissioner Caster asked if funds are limited to 75% just for
child care?
"
.. rA. Dr. La,nier rep,?rted, in his opinion, funds are not limited to
175% for child care. When the Smart Start Program began last year,
ma~y'0counties applied for the funds to be used for child care to
'eliminate the waiting list for subsidies. This was the one need
~hfl:t c6uldbe .quickly identified, and money could be channeled
:imm~diately into an existing agency with a documented need.
e
commissioner Barone asked if a fleet of vans would be
"est~blished with a Smart Start logo on the side? She stated
fnumerous taxi cab rides at a cost of $6 and $7 each can be paid in
lieu' of purchasing a handicapped-equipped van at $25,000 plus the
hiring of drivers. In her opinion, there is an opportunity to
,- 'r:nr .
enhance the private sector.
,.,' '
Jf- I ,
Dr. Lanier stated, hopefully, Smart Start will not have a
logo. The purpose of the program is to channel this money to the
i:ful:lest extent possible into programs that are already effective
~ ~~- }.\~, .
.....
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 274
and have the administrative procedures in place in order to avoid
creating additional administration.
Part II - Local Collaborative Effort
Dr. Lanier reported the application team was very
representative of the community and everyone was extended an
opportunity to volunteer at all public meetings. Initially, a
five-hour meeting was held to work out the basis for the 1994
application. The team reviewed the 1993 application for input, the
recent needs assessment, comments from the County Commissioners,
and comments from public meetings to decide how the 1994
application questions should be addressed. The application process
was truly collaborative and demonstrated how volunteers can work on
issues that are important to the community. The level of
involvement from groups and individuals in the County has been
extensive and significant. Yet, additional efforts to involve
others can and will occur if New Hanover County is selected. The
training for the restructured partnership board will be extremely
valuable with additional public forums.
In conclusion, Dr. Lanier stated he would be glad to answer
any questions. He explained that in terms of making a commitment,
the Commissioners are being requested to participate in the
development of a local plan that reflects local preferences
regarding how to address the local needs of young children and
families in New Hanover County.
commissioner Barone asked if the 19-member board as defined in
the enabling legislation would determine how the monies would be
received by the County?
Dr. Lanier reported the local restructured Partnership Board
through a collaborative effort would decide what groups in the
County should be funded. state funds would go directly to those
agencies after an agreement had been prepared between the state and
each agency. The agreement would hold the agency accountable for
the state funds received.
Vice-Chairman Mathews commented on the funding source for
Smart start and asked if these funds are coming from the Governor~s
discretionary fund?
Dr. Lanier reported Smart Start funding is not coming from the
Governor's discretionary fund. This is not a true statement. The
legislature through its budget bill appropriated the money for
Smart start.
Vice-Chairman Mathews expressed appreciation to Dr. Lanier for
the explanation and stated the question was asked because of
concern for counties having to provide future fuhding to these
agencies if this was a part of the Governor's discretionary fund.
Vice-Chairman Mathews commented on the travel involved and the
time that will be given by the County's upper management staff, and
he inquired as to whether the State will reimburse the County for
these services?
Dr. Lanier reported this is a good question. In his opinion,
the funds earmarked for administrative reimbursement could be used
for these types of expenses. As to staff time spent on the
project, he is not sure of the answer.
commissioner Caster inquired as to the intent of the
legislature when the services of the directors from the Health
Department, Social services, Mental Health, and schools were
included in the legislation without contacting the governing
boards, such as the Board of Health, Board of Education, and Board
of Social services? In his opinion, this action was presumptuous
since there will be an increase in the workload for these key
employees and more money will be expended without reimbursement.
o
o
o
,
-
-
-
':;;F.r, j:~N":~~~~;
"II1II
:; < "I; ~f;t;f~:~t;;:p{;, .ili~4~~f,i,_?):,
M~NUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 275
Also, if the County is reimbursed, there will be less money to fund
the local needs.
Dr. Lanier reported the legislature was probably dissatisfied
with the "business as usual" mentality. In order to change this
way of thinking the directors of these agencies, who perpetuate
business as usual, were included to recognize the need to take a
fresh look at the system and see where there are gaps and overlaps.
Hopefully, Smart Start funding will be used to improve services
without any additional local dollars to address the most immediate
needs identified. without participation by these individua~s, the
program can not be successful.
commissioner Sisson commented on Standard #4 relative to
choices of early childhood care and educational settings and asked
if a parent would be precluded from choosing from a variety of
choices?
Dr. Lanier reported this was an issue of concern in the
development of the goals by the Partnership Board. The choice of
parents is very important to the Smart Start Program and choice
will be maintained.
There being no further questions, Dr. Lanier expressed
appreciation to the Commissioners for their time and interest.
Chairman Greer reported this subject is very important to the
community, and, in his opinion, not an elected official sitting on
the Board of County Commissioners is opposed to helping children
regardless of what decision is rendered. He requested direction
from the Board on whether to approve the filing of the Smart Start
application.
Commissioner Sisson reported, in his opinion, this program
wilr coordinate the services of agencies in existence and avoid
duplication of services. Since the funds have already been
appropriated and can be used by the County, he feels the
Commissioners should support the application for Smart Start
fuhding. To ensure the integrity of the process, the Commissioners
can request being the entity to appoint members to the restructured
board.
commissioner Barone reported on attending the N. C.
Association of County Commissioners Annual Conference and stated
while 'attending a seminar to hear reports from counties
participating in Smart Start, the first statement made was to "hire
your staff early", which was of great concern to her.
"(.,
Dr. Lanier reported most of the counties have used the small
amount of money available for administration to hire an Executive
Director to lessen the burden on the persons who are members of the
Partnership Board.
"/
Chairman Greer stated Mecklenburg County did recommend hiring
staff early and reported that only 40% of the children in need had
been reached with last year's funds and more funds were needed.
Chairman Greer, again, requested direction from the Board.
i.~ ~;l. Commissioner Caster commented on the difficulty in deciding on
whether he should or should not support the Smart Start
applfcation. He stated he was not sure these funds would solve the
early' childhood problems, but, in his opinion, the train is
;r~nnlng, the locomotive is heading down 1-40 and the County should
attempt to control this program in the best way possible.
.
, .
Motion: Commissioner Caster MOVED to approve the filing of the
Smart Start application contingent upon the following conditions:
.(->1') the County Commissioners will make the undesignated
:appointments to the .Board; (2) the County commissioners will
j
-M-INUTE.S OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE .,p6
charter the planning group to develop the plan for New .Hanover
County; (3) the planning group will provide timely updates-,.of the
plans to the County Commissioners prior to being submitted to
Raleigh; (4) existing agencies and facilities will ,be used to the
maximum extent possible with staffing kept to a minimum; and (5) if
state and/or Federal funding is withdrawn, Smart start in New
Hanover County will be abolished.
Vice-Chairman Mathews stated based on the conditions made in
the MOTION and since he has been assured that families will be
involved on a regular basis with the Smart Start Program, he will
SECOND THE MOTION.
commissioner Caster requested adding the following addition to
the motion: "The 19-member board would not expand without prior
approval by the Board of county commissioners."
Vice-Chairman Mathews SECONDED THE AMENDED MOTION.
Chairman Greer asked if the motion means that the current
partnership board should be involved?
commissioner Caster reported the motion is referring to the
formation of the 19-member board as stated in the legislation.
This board would not be expanded without prior approval by the
Board of County Commissioners.
Chairman Greer iriquired as
current Partnership Board feel
positions on the new board?
of the
of the
to whether any members
they should fill some
Dr. Lanier reported of the 19 positions, the current
Partnership Board could identify someone that would fill all but
two or three positions. However, there are no commitments to these
seats being held by these individuals. He can support the
appointment of the members by the Commissioners where the
appointments are not ex-officio in terms of title.
Chairman Greer stated, in other words, the Commissioners do
not have to appoint any members of the current Partnership Board,
or the Commissioners can appoint as many members as they so desire.
Dr. Lanier reported this is correct; however, he would hope
the current Partnership Board would have an opportunity to submit
names for consideration by the Board of County Commissioners. The
Partnership Board could provide the names of people who are already
designated or who could qualify in a particular position in
addition to nominations from other sources. The Commissioners may
wish to open up the appointment process to the public in terms of
the usual appointment process.
commissioner Barone commented on speaking to the Chairman of
the Republican Executive Committee and stated she was informed that
if certain stipulations were made, as listed in the MOTION by
Commissioner Caster, the Republican Executive Committee would
support this program under those conditions, but not
unconditionally.
Chairman Greer called for a vote on the AMENDED MOTION to
support the filing of the Smart start application with the
conditions as listed. Upon vote, the AMENDED MOTION CARRIED
UNANIMOUSLY.
BREAK
Chairman Greer called a break from 8:11 P.M. until 8:32 P.M.
ADOPTION OF RESOLUTION ENDORSING THE SOUTHERN ALTERNATIVE OF THE US
HIGHWAY 17 WILMINGTON BYPASS
Planning Director Hayes reported the N-. C. Department of
Transportation began the project in 1990 and started with 36
o
o
o
-
e
e
,
1l- ....
,
> ,? PI:''''-
,:..'~~;~:(:~.i; "":<r "."
"""l1lI
,~~~~:\:~ ~ ,\,~
-MINUTES OF REGULAR MEETING, 'SEPTEMBER 6, 1:994
PAGE 2>71
corridors. These proposals were studied and narrowed to two
corridors with the Southern Alternative identified as the preferred
alternative. He reported the Transportation Advisory committee has
already recommended the Southern Alternative as the preferred
route. Use of the Northern Alternative would not remove traffic
from Market Street or smith Creek Parkway, which is the purpose of
the outer loop., The Southern Alternative will be less
environmentally damaging and better serve the traffic needs.
The Department of Transportation plans to complete a draft of
the Environmental Impact Statement in December 1994. The project
has been accelerated by Governor Hunt in the Transportation Plan,
and the outer loop should be completed by 2001.
commissioner Sisson reported the Wilmington city council
adopted a resolution in favor of the Southern Alternative, and in
his opinion, this is the best alternative of the proposals
presented.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to adopt the resolution endorsing the Southern Alternative of the
US Highway 17 Wilmington Bypass. 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 18.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO MODIFY THE
DENSITY CALCULATION FOR PERFORMANCE SUBDIVISION BY ELIMINATING THE
SUBTRACTION FOR CLASS IV SOILS IF THOSE SOILS ARE PLACED INTO
CONSERVATION (CONTINUED FROM THE MEETING OF AUGUST 8, 1994) (A-257,
7/94)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the proposed Text
Amendment was initiated by Staff to modify the density calculation
for performance subdivisions by eliminating the subtraction for
Class IV soils if those soils are placed into conservation.
tC~rrently, when property is subdivided it is through conventional
':isubdivision regulations or through performance residential
regulations, which provides a choice for performing different
designs such as townhouses, condominiums, attached housing, etc.
Udder performance residential there are several calculations
relative to the actual site focusing mainly on environmental
concerns. As a part of the formula, all natural lakes, ponds,
rivers, marshes and all Class IV soils must be subtracted from the
size of the site depending on the zoning district to obtain a net
acreage figure.
.,
Under the proposed option, instead of removing the two or
three acres of Johnson, Pamilco, or Dorovan soils as currently
required, the developer would be able to multiply the density
'factor by the entire acreage. The Class VI soils on the site would
have'to be set aside for conservation with no development on this
p~rtion of the property. However, under this option, a few more
units could be placed on the property because the Class IV soils
woiild be counted as part of the acreage. This is an option and
does not have to be used by the property owner when subdividing
property. Staff feels the option is beneficial because
construction should not occur on soils around creeks and marshes.
'1.Jt... :
The Planning Board felt Class IV soils were too loosely
regulated by the County and voted 5 to 1 to recommend approval of
the'Text Amendment as submitted by Staff.
.~ .- '
Planning Director Hayes requested the following change to
proposed Text Amendment: "In lieu of subtracting Class
Soils .... . ,." , substitute the following language:
:' ~i
"
the
IV
,,", ,
"
~
r
I
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 278;
In lieu of subtracting Dorovan soils.
pamlico muck, the developer may choose
such areas as conservation space.
Johnson soils. and
to preserve 100% of
Chairman Greer inquired as to whether anyone from the general
public would like to comment on the proposed Text Amendment.
No remarks were received.
Chairman Greer closed the Public Hearing.
o
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster
to approve the proposed Zoning Text Amendment as presented by
Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Text Amendment is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XXII, Page 18.
commissioner Sisson requested the Planning Staff to research
the methods used to transfer developed rights. This procedure
allows the transfer of density from one site to another piece of
property that is more suited for additional density.
Planning Director Hayes reported the transfer of developed
rights is appealing, but the basic problem is deciding where the
additional density should be relocated. The density does not
change, but is reallocated to the areas where growth is encouraged
with the provision of water, sewer, and transportation services.
Chairman Greer inquired as to whether a procedure of this type
would defeat zoning?
commissioner Sisson reported these areas would already be
designated as capable of receiving density, and this would be built
into the zoning regulations.
o
Assistant County Manager, Dave Weaver, reported as a matter of
information, this type of procedure would require enabling
legislation from the General Assembly.
Consensus: After further discussion, it was the consensus of the
Board to direct staff to research the procedure of transferring
developed rights and report back to the Board.
PUBLIC HEARING TO CONSIDER A REQUEST BY MILDRED GANTT TO REZONE 5.6
ACRES LOCATED AT 6315 CAROLINA BEACH ROAD TO B-2 BUSINESS FROM R-15
RESIDENTIAL (Z-503, 8/94)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported despite general
sympathy for the applicant, the Planning Board voted to deny the
petition, citing that the change would be inconsistent with the
County's policies for Growth and Development for commercial uses on
Carolina Beach Road.
The applicant revealed specific intentions for future
additional uses of the building, which lead to a discussion of the
possibility of achieving part of those uses through a ruling from
the Board of Adjustment. The gift shop is a special Use Permit
that is no longer eligible in the district because the provisions
governing the permit have been repealed. The current use is non-
conforming which means the use can only be expanded or altered
after a judgement from the Zoning Board of Adjustment. There was
no opposition at the Planning Board meeting.
o
<,
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
Attorney David Barefoot, representing the petitioner Mildred
Gantt, reported he agreed to accept this case because he feels Ms.
/
.
,
,
/
e
e
e,
."";''1'" "<Ii~
""'Ill
......,
l ~~!~~: "
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 279
Gantt is the type of person who has made our country the great
nation we are today. She has owned the property for 33 years and
has operated a gift shop within the law. He requested Ms. Gantt to
present her case.
Ms. Mildred Gantt, the petitioner, presented pictures of the
gift shop and reported in 1956 she purchased the property on
Carolina Beach Road. Through hard work, she started a wholesale
seashell and souvenir business. After the death of her first and
second husbands, she has struggled to keep enough land for
operation of the business. The purpose of B-2 Business Zoning is
to provide a proper grouping and development of business uses which
will best accommodate the needs of the motoring public. In her
opinion, the seashell and tourist items sold at the Ten Mile Post
Gift Shop are in the proper grouping for the motoring public. In
the past, most of Carolina Beach Road was zoned R-15 Residential
and B-1 Business; however, the residential zoning has disappeared
with commercial uses now on these properties. Her investment has
not realized its full potential, and she is trying to obtain the
proper zoning to make the necessary changes to her business. She
requested the Commissioners to approve the B-2 rezoning request to
allow her the ability to work within the perimeter of the B-2
zoning since she now pays commercial rates for insurance, telephone
expenses, electricity, sales tax and property tax. The business is
dommercial and she wishes to be recorded in that manner.
Attorney Barefoot commented on conditional use in view of the
action taken by the Planning Board and Planning staff and stated
the costs involved with applying for this use would be a financial
burden on Ms. Gantt. However, if the Commissioners do not approve
the B-2 rezoning, he would like for Ms. Gantt to be given an
opportunity to send the petition back to the Planning Board to
apply for a special use in order to avoid having to wait a year.
County Attorney Copley reported there would be no problem with
Ms. Gantt applying for a special use permit.
commissioner sisson reported another alternative is for Ms.
Gantt to appear before the Zoning Board of Adjustment to request
expansion of the non-conforming use.
Chairman Greer closed the Public Hearing.
Motion: After discussion, commissioner Sisson MOVED, SECONDED by
Commissioner Barone to: (1) uphold the Planning Board's
recommendation and deny the request; (2) provide Ms. Gnatt an
opportunity to send the petition back to the Planning Board for
conditional use zoning; or (3) appear before the Zoning Board of
Adj\lstment for expansion of the non-conforming use. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Planning Director Hayes reported, for the record, if Ms. Gnatt
does not pursue the conditional use, she will not be able to file
a rezoning petition for one year.
PUBLIC HEARING TO CONSIDER A REQUEST BY CHARLES MATTES TO REZONE
.90 OF AN ACRE ON THE WEST SIDE OF MARKET STREET 160 FEET SOUTH OF
ALEXANDER ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-504, 8/94)
Chairman Greer opened the Public Hearing.
, Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend the site be rezoned from R-15
Res~dential to 0-1 Office and Institution instead of B-2 Business
as requested by the petitioner. The Planning Board felt the site's
proximity to Market Street had made the site less appealing for
. development under its current R-15 zoning classification, and that
ill)"O-I classification would provide a better transition of land use
than the B-2 .zoning. The applicant has concurred with the
recommended 0-1 classification as approved by the Planning Board.
., ".,'./r l:
....
I
I
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 280
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
Mr. Charles Mattes, the petitioner, requested approval of the
rezoning request and reported he will be glad to answer any
questions.
Vice-Chairman Mathews commented on two Alexander Roads and
inquired as to which Alexander Road is being referenced in the
petition?
Mr. Mattes reported Alexander south.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to rezone .90 of an acre on the west side of Market Street 160 feet
south of Alexander Road to 0-1 Office and Institution as
recommended 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. 5 OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 6, 1971" is hereby incorporated as a part of
the mfnutes and is contained in Zoning Book I, section 5, Page 25.
WORK SESSION SCHEDULED TO DISCUSS PROPOSED AMENDMENTS TO
SUBDIVISION ORDINANCE
County Manager O'Neal reported the Subdivision Review
Committee appointed by the Planning Board has completed the
proposed amendments to the Subdivision Ordinance, and the Board of
Fire Commission has expressed an interest in reviewing the
a~endments. Staff recommends scheduling a Work Session to review
the proposed changes and allow the Fire Commission to present its
findings.
commissioner Sisson reported this issue may involve more than
one Work Session.
commissioner Barone expressed concern for trying to follow the
changes and requested Staff to prepare the existing Subdivision
Ordinance showing the current and proposed changes by the Planning
Board.
County Manager O'Neal reported the Planning Staff will prepare
a document showing the proposed amendments to the Subdivision
Ordinance with the changes underlined or color coded as recommended
by the Planning Board.
Discussion was held on whether the Planning Board or Planning
Staff should make the presentation. Chairman Greer recommended
inviting members of the Planning Board, the Subdivision Review
Committee, and Fire Commission to attend the Work Session since
these groups have worked together in preparing the amendments to
the Subdivision Ordinance.
commissioner Barone expressed concern for rushing through the
proposed revisions and stated it was her understanding that the
Planning Board did not desire to submit these revisions to the
Board of county commissioners so quickly. In fact, the Planning
Board wanted to hold another Public Hearing; therefore, she would
recommend sending the proposed text amendments back to the planning
Board and let them hold another Public Hearing to receive input
from the people who will be impacted by the revisions before the
amendments are presented to the Board of county commissioners. ..
Planning Director Hayes reported the Planning Board was' asked
if they desired to hold another Public Hearing. The 'answer was no,
and the members voted unanimously to adopt the proposed revisions
and send them to the County Commissioners for consideration.
o
o
o
e
e
e
-~.~'~,. ~
.~~;~. '.r
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 281
Chairman Greer recommended requesting the Planning Board to
hold a Public Hearing to receive public input on the proposed
revisions with a review of the comments received and adoption of a
final set of revisions before being presented to the Board of
County Commissioners.
commissioner sisson expressed concern for the composition of
the Subdivision Review Committee and reported the members should
have been selected from a broader representation of the community,
not just from a development perspective but from all segments of
the County.
Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone to
send the document back to the Planning Board and request the
Planning Board to hold a Public Hearing to receive public input on
the proposed Text Amendments with final revisions to the
Subdivision Ordinance approved by the Planning Board before the
revisions are presented to the Board of County Commissioners. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
commissioner Barone reported once the final Text Amendments
have been adopted by the Planning Board, the Commissioners should
hold a Work Session before this item is placed on the Regular
Agenda.
Chairman Greer reported the Commissioners would like to have
a document presented by the Planning Board that was developed in
conjunction with the Planning Board, Planning Staff, Subdivision
Review Committee, and public comments. Once this document is
,received, the Commissioners can schedule a Work Session.
" '~,;
.... : commissioner Sisson reported the Fire Commission should also'
be involved in the process. This is a classic example where two
boards should be working together.
CONSIDERATION OF A RESOLUTION REQUESTING THE N. C. GENERAL ASSEMBLY
,TO REPEAL ANY AND ALL LAWS PERMITTING THE SALE OF FIREWORKS
,. Assistant Health Director, Lynda Smith, requested the Board of
County Commissioners to adopt a resolution requesting the N. C.
General Assembly to repeal any and all laws permitting the sale of
f-ireworks. Facts and figures were presented on the dangers of
fireworks to children and the injuries caused by the sale of
fireworks. out of concern for public health, the Board of Health
"adopted a reso'lution requesting the enabling legislation to be
repealed. The Commissioners were requested to do the same.
~ ,-.
"" )",.\ Dr. Edward L. Paul, Jr., a member of the Board of Health,
cominented on the introduction of the legislation in 1993 and
reported the health care community was not notified or made aware
of, the proposed legislation. He explained' that injuries from
firew'orks are' 'seven times greater in states that allow the sale of
fir,eworks:,' Sparklers, which are legally sold in North Carolina,
f~re'tre s~conq"highest cause of injuri~s and the first for children
',under: :the ag~'of 8. In states where fl.reworks are sold, statistics
show ,that health c,are costs are incurred in excess of $1 million
pet:,!;y,e:a,r. ,'The Commissioners were requested to adopt a similar
resolution for'repealing the enabling legislation.
.. "
.~.;' County Fire Marshal, Ross Willman, commented on the need to
place"~some control on the sale of fireworks to children and
pres~nted statistics on the number of injuries related to fireworks
aita f ires ,that have occurred because of fireworks. The N. C.
,tlrem~~'s Association is in favor of repealing the legislation as
being requested by the Hea'l th Department.
~" ~; ." .
',' Chal.rman Greer asked l.f there are any statistics available
reflecting,.; the number of injuries after the legalization of
fireworks, in North Carolina?
~. J~ ...,
i'
j
/
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 282
County Fire Marshal Willman reported no statistics have been
received at this time; however, some figures should be received
within the next two months.
Health Director, Bob Parker, reported the
presented in the agenda packet shows that injuries
at least seven times in states that allow the sale
documentation
have increased
of fireworks.
Chairman Greer inquired as to whether the Board of Health has
a person selected to introduce the legislation for repeal of the
legislation.
o
Health Director Parker reported the N. C. Board of Health has
requested adoption of similar resolutions by the Fire Associations
and Boards of Health throughout the state; therefore, he feels that
more than one person would be glad to sponsor the legislation.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
sisson to adopt a resolution requesting the N. C. General Assembly
to repeal any and all laws permitting the sale of fireworks in the
State of North Carolina. The floor was opened for discussion.
commissioner Barone expressed concern for adopting another
regulation and reported if this continues there will be legislation
regulating rubber mats in bath tubs or something like that.
Chairman Greer reported, in his opinion,
repealed or left in place, it will not make
difference in the number of .fireworks going off.
if the law is
a great deal of
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
o
voting Nay: Commissioner Barone
Chairman Greer
County Manager O'Neal inquired as to whether the
should be forwarded to the N. C. Association
commissioners for legislative consideration?
resolution
of County
Consensus: After discussion with the members of the Board of
Health, it was the consensus of the Board to forward the resolution
to the Legislative Goals Committee of the N. C. Association of
County Commissioners.
APPOINTMENT OF MEMBERS TO SERVE ON THE CRIMINAL JUSTICE PARTNERSHIP
ADVISORY BOARD
Chairman Greer reported 14 applications have been received to
fill the remaining positions on the Criminal Justice Partnership
Advisory Board.
Deputy County Manager, Andrew J. Atkinson, reported the
initial ten members have been appointed and no applications have
been received for the Public Defender position or criminal Defense
Attorney.
County Manager O'Neal reported there is no Public Defender in
New Hanover county; therefore, the Bar Association may wish to
designate a member.
o
. Commissioner Caster asked if all 14 applicants can be
appointed.
Deputy County Manager Atkinson reported with the number of
members required to fill the positions as listed in the-enabling
legislation, appointment of more members, could"be beneficial in
assuring that a quorum is present at all meetings.
I
~
e
e
e
"'Ill
, '1rt.f~' 't" '
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 283
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to appoint the following persons to serve on the Criminal Justice
Partnership Advisory Board:
Robert M. Deacy
Terry Cosby Gootee
Debbie C. Hobbs
Steven Ellis Horne
Liz Marie Marciniak
Delores F. Moore
Rudy Thurman
John Tocicki
Donna P. Williams
Ted Seawell
Harold B. Cloud
Steve Woodard
L. Mack Wade
Sandra A. Morris
Upon vote, the MOTION CARRIED UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
WATER , SEWER DISTRICT
Chairman Greer convened from Regular Session at 9:50 P.M. to
hold a meeting of the Water & Sewer District.
Chairman Greer reconvened to Regular Session at 10:10 P.M.
RATIFICATION OF ACTION TAKEN IN THE WATER , SEWER DISTRICT MEETING
FOR GRANTING A SEWER VARIANCE TO ADAIR M. GRAHAM
'Motion: commissioner Sisson MOVED, SECONDED by Commissioner Caster
to accept the recommendation of the District Board of Commissioners
of the Water & Sewer District and approve granting a sewer variance
to Adair M. Graham subject to viability of a septic system. If the
septic system fails, the petitioner will have to comply with all
County regulations for hooking up to the County Sewer System. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Sewer Problem at Pages Creek
, Commissioner Barone requested an explanation of the sewer
oyerflow at Pages Creek over the weekend.
,;,1
County Engineer, Wyatt Blanchard, reported on Thursday night
during a thunder storm lightening tripped a breaker in the control
panel that regulates the pumps. The notification came in on the
telemetry system, but the notice did not go to the pager of the
p~rson on call; therefore, there was no response. Also, the notice
came in on the computer but was not picked up on the system. When
discovering the problem on Friday morning, a call was received that
some wastewater was coming out of a manhole. At 10:30 A.M. the
.~.:r;pbleni was corrected. The pager malfunctioned and has been
replaced.
.(
{fail
next
commissioner Barone reported, in her opinion, to have a pager
is inexcusable. The system should be programmed to go to the
pager if the first pager does not respond.
,
$j!",:" Assistant County Manager Weaver reported discussion is being
held on implementing a schedule to check the pagers to be sure they
ar~7properly functioning as well as modifying the system to forward
some type of notification if the pager does not respond. In this
particular ipcident, an employee had a lap top computer at home and
'a,' report was' produced from the telemetry system, but the employee
was"'tlot monitoring the computer. This was a case of a human error
and mechanical error.
.:? .
--;,Y"
~
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 284
commissioner Barone inquired as to the number of gallons that
overflowed?
Colinty Engineer Blanchard responded approximately 4,000 to
5,000 gallons. In his opinion the necessary backup equipment is
already in place; however, a human error was involved in this case.
commissioner sisson emphasized the importance of staff
recognizing the seriousness of this problem and stressed the
importance of not allowing this type of problem to reoccur.
County Engineer Blanchard reported the employees monitoring
the pump stations are very conscientious and probably have been
relying too heavily on the pagers; however, after this incident
they are aware that the computer must be monitored, particularly
during or after a thunderstorm.
County Manager O'Neal assured the Commissioners that this type
of incident .will not happen in the future.
Status Report on the New Director for the Southeastern Center
Commissioner sisson announced the Southeastern Center Board is
ready to release the name of the new director of the Southeastern
Center. Once he is on the job, a reception will be held at the
Center to introduce him to the Board of County Commissioners.
Discussion of Problem Experienced with Sherwood Manor Apartments
Commissioner sisson reported on the articles in the newspaper
and the purpose of the Letter to the Editor by the County
Commissioners (including Commissioner Sisson) serving on the
Southeastern Center Board with reference to the Sherwood Manor
Apartments. He reported the facts have not been presented
correctly about this situation and that was the purpose of the
Letter to the Editor. The individual operating the Sherwood Manor
Apartments has been taking public monies for at least five years at
a higher housing subsidy rate than is allowed for other housing
subsidies. As to why the contract was originally negotiated for
that amount of money is unknown because the two persons who
prepared the contract are no longer with the Southeastern Center.
As a result of discovering this situation, the Center has saved
approximately $122,000, which can be used to relocate these clients
or meet other needs at the Center.
Status Report on New Hanover county Fire commission
Report on Fire Protection for the Highway 421 North Corridor:
Commissioner Sisson reported a draft report on fire protection for
the 421 North Corridor will be presented to the Fire Commission at
the September meeting. Once the Fire Commission has reviewed the
report, a meeting will be held with industry representatives
located along the 421 corridor and the input received from this
meeting will be forwarded to the Fire Commission along with another
meeting scheduled to review the draft document. Once the draft
report is approved by the Fire Commission, the report will be
presented to the Board of County Commissioners in late October.
Discussion of Request by the 911 Center for Data to Assist the
Computer Aid Dispatch system (CAD): Commissioner Sisson reported
on receiving a call from the captain directing the 911 Center who
informed him that two of the Volunteer Fire Departments have not
submitted the data requested to aid the CAD System. It was
surprising to learn that the ogden Volunteer Fire Department was
one of the two departments. After notifying the Fire Commission of
this information,- a resolution was approved requesting all the
Volunteer Fire Departments to forward the data requested by the 911
Center for the CAD System no later than October 1, 1994.
" ,
Also the unauthorized purchase of pagers has been addressed by
the Fire Commission. If equipment is purchased without proper 0"'
o
o
o
e
e
e
""Il
.,,'..
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 285
authorization, the funds will not come from the Fire Services
District, but from fish fry monies or other funding raising events.
Appointment of Vice-Chairman E. L. Mathews, Jr. as an At-Large
Director of the N. C. Association of County Commissioners
Vice-Chairman Mathews reported he has been appointed to serve
as an at-large Director on the N. C. Association of County
Commissioners.
Chairman Greer and other members of the Board congratulated
Vice-Chairman Mathews for this appointment.
Appointment of Chairman Robert G. Greer to Co-Chair the Legislative
Goals Committee of the N. C. Association of county Commissioners
Chairman Greer reported he has agreed to serve as a Co-
Chairman on the Legislative Goals Committee.
Members of the Board congratulated Chairman Greer for this
appointment.
Receipt of Letter from corps of Engineers Relative to Dredging. the
North Side of Masonboro Inlet
Chairman Greer commented on receiving a letter from the U. S.
Corps of Engineers relative to dredging of the north side of
Masonboro Inlet (which is the south end of Wrightsville Beach) and
reported the County adopted past resolutions of commitment dated
December 10, 1956 and April 20, 1959. He requested authorization
to respond favorably to the prior commitments.
Consensus: It was the consensus of the 'Board to authorize the
Chairman to respond to this request.
Receipt of Letter from the Shell Island Homeowners Association
Chairman Greer commented on a letter received from the Shell
Island Homeowners Association about erosion problems being
experienced at the northern end of the beach. He reported when
responding to the Corps of Engineers relative to the dredging of
Masonboro Inlet he would like to request the Corps to open Mason's
Inlet to the Intracoastal Waterway. This dredging would provide
assistance with the erosion problem at the northern end of
W~ightsville Beach and at the same time flush the tidal creeks in
the northern part of the County. In his opinion, this would help
with the current pollution problems in the tidal creeks.
Consensus: It was the consensus of the Board to authorize the
Chairman to write a letter to the Corps of Engineers requesting
that Mason's Inlet be dredged open to the waterway.
Approval of $500 Contribution to City of wilmington Market Street
Beautification project
. Chairman Greer reported the City of Wilmington is requesting
proper.ty owners on Market Street to contribute to the
,b~qutification project. The purpose of the project is to bury the
...ut:ility lines arid enhance Market Street with replanting of plazas
and. .installation of decorative lighting. Since the Cape Fear
,. .M~.seum is. ,'located in the project area, the County is being
~requested to contribute $500 to the project. As of this date, the
'ki(ty has received $16,500 from property owners.
, ,
County Manager O'Neal reported if the Board wishes to
~cqntribute $500, it would be appropriate to use the remaining funds
'rrt the Museum's capital project fund instead of the general fund
cont:.:~ncjency. .
. ~.
'Ii: ~ ,Y't.ff.
" . Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
';',to,.approve a $500 funding contribution. to the City of Wilmington
.~fd~,th~'beautification project along Market Street with the funds
"';com.ing, from the ,capital project funds for the Cape Fear Museum.
'~Upon~vote, the MOTION CARRIED UNANIMOUSLY.
~~ '{~'~~~- ~, ~ '
....4
MINUTES OF REGULAR MEETING, SEPTEMBER 6, 1994
PAGE 286
ADDITIONAL ITEMS - COUNTY MANAGER
Announcement of N. C. Client Access Network Interview
County Manager O'Neal presented background information on the
N. C. Client Access Network proj ect sponsored by the N. C.
Department of Human Resources and the N. C. Association of County
Commissioners. This proj ect is involved wi th developing an
automated system of delivering social services throughout the state
of North Carolina. A major goal is to address ways to cut through
the various laws and regulations that prevent one program, whether
federal or state, from talking to another. He reported New Hanover
County is among the three most strategic counties in the state
because of the work in MIS and the Department of Social Services.
o
A feasibility study is being performed with forty interviews
to be held throughout the state. New Hanover county is scheduled
for an interview on September 12 and 13, 1994. The interview team
will present an overview of the project for the New Hanover County
Board of Commissioners on Monday, September 12, 1994, at 9:30 A.M.
in the Conference Room at the Department of Social Services. The
Commissioners were requested to attend.
Employee Appreciation Luncheon Scheduled for October 19, 1994
County Manager O'Neal requested the Board to establish a date
for the "Employee Appreciation Luncheon".
Consensus: It was the consensus of the Board to schedule the
"Employee Appreciation Luncheon" on October 19, 1994. The County
Manager will provide the final details.
Approval of Change Order to Contract with Westinghouse Landmark
GIS, Inc. for Mapping services for the Fire District and Approval
of Budget Amendment #95-0043
Assistant County Manager, Dave Weaver, reported the Board of
Fire Commissioners voted to recommend a Change Order to contract
with Westinghouse Landmark GIS, Inc. for mapping fire district
boundary locations and fire hydrants. Funds in the amount of
$16,044 will be appropriated from the Fire Service District to pay
for these services. The Commissioners were requested to approve
the Change Order and associated Budget Amendment.
o
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to approve the Change Order to the contract with Westinghouse
Landmark GIS, Inc. for mapping services and the associated Budget
Amendment as listed below. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Budget Amendment 95-0043 - Fire Service District
Debit
Credit
Fire Service District
Appropriated Fund Balance
$16,044
Contracted Services
$16,044
Announcement of Fireman's Day in the Park
Commissioner Sisson announced that "Fireman's Day in the Park"
will be held on Sunday, September 18, 1994, beginning at 8:00 A.M.
until that afternoon. The cookout will begin at noon and the
commissioners were invited to'attend.
o
ADJOURNMENT
Chairman Greer adjourned the meeting at 10:45 P.M.
Respectfully s,u~,tt~d, "
rx?^.)Y/~'
~~F. Harrell
Clerk to the Board