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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