1994-10-03 Regular Meeting
e
e
e
"11II
-M~NUTES OF REGULAR MEETING, OCTOBER 3, 199~-
PAGE "3-1'2
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, October 3, 1994, at 6:00 P.M. in the Assembly
Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
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.
INVOCATION AND PLEDGE OF ALLEGIANCE TO
Deputy County Manager, Andrew
invocation.
THE FLAG
J. Atkinson,
gave
the
commissioner Barone 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.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
Commissioner Caster requested removal of Consent Agenda items
6 and 7 for further discussion.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to remove Consent Agenda items 6 and 7 as requested by Commissioner
'caster and to approve the remaining items on the Consent Agenda as
presented: Upon vote, the MOTION CARRIED UNANIMOUSLY.
.'\',; ~J
":'ii;:.
CONSENT AGENDA
Approval
, The
meetings
of Minutes
Commissioners approved the minutes of
as presented by the Clerk to the Board:
the
following
Regular Meeting
Regular Meeting
wor~ Se~sion (Inspections)
September 6, 1994
September 19, 1994
September 15, 1994'
Acceptance of 1994-95 Land Records Management Grant from the North
Carolina Land', Records Management Program
i..'<J. . , ,_.~.
-. -, The CommrSSloners accepted the 1994-95 Land Records Management
grant from the N. C. Land Records Management Program in the amount
of~$5,000. The ,funds will be used for updating tax maps. Matching
funds are budgetep. in the Computer Aided Dispatch System. The
Chalrman was authorized to execute the grant documents.
'.. . .. :.. ~ .
Authorization to Fite'a Grant Application to the N. C. State Board
of\Elections
" The Commipsioners authorized the filing of a grant application
to the-No C. State Board of Elections for a one-time grant in the
amount' of .$25"oci6 to implement the National Voters Registration
Act.'~,NO County funds will be required. The funds will be used by
the Board of-Elections to employ a part-time person to handle the
influx of additi6.nal registrations, recordkeeping and other
mandated requirements: The Chairman wa'J authorized to execute the
',.t" ~. ""I" _;. -,
grant'documents.
~p~,l... ';
A~ihorization>for the cape Fear Museum to File a Grant Application
tOithe N. C. Department of Cultural Resources, Division of Archives
t~ '; '. . , .~. .~'\...~""
and, :,H1story ',- 't,>.; :,:; "
. ',;-* N'Ti1e Commiss'ioners authorized the filing of a grant application
~~the.N. C. Depart~ent of Cultural Resources, Division of Archives
"'t..i;M.[.. '. .~, > "". ,1/ ;'FJt' 1
-".~;\' . ;,'..' ..~,
~
MINUTES, OF REGULAR MEETING, OCTOBER 3, 1994~
PAGE 31.3,
and History in the amount of $31,743. The funds will be used to
improve public access to the Museum's research center and for a
full-time, temporary librarian-archivist, computer hardware,
computer software, catalogue kits, and archival storage. The
County Manager was authorized to execute the grant application with
the stipulation that the full-time, temporary librarian-archivist
position will be terminated when the grant funds are expended.
Authorization for Filing a 1994-95 Grant with the U. S. Army Corps
of Engineers for Vector Control - Health Department
The Commissioners authorized the filing of a grant with the U.
S. Corps of Engineers in the amount of $50,000 for vector control
and $6,000 for aerial spraying to control mosquitoes if deemed
necessary by the New Hanover County Vector Control Division.
Adoption of Resolution to Authorize Execution of A Quit Claim Deed
Conveying the county's Interest in Jointly-owned Lots to the City
of Wilmington
The Commissioners adopted a resolution authorizing execution
of a quit claim deed conveying its interest in the parcels listed
below to the City of Wilmington. The lots have been identified by
the Wilmington AME Zion Housing Development Corporation for
construction of owner-occupied, single-family residents. The
Chairman was authorized to execute the necessary documents.
Parcel Number
Address
048-13-020-001.000
048-13-026-012.000
048-13-026-012.001
602 McRae street
611 Red Cross street
613 Red Cross street
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 20.
Adoption of Resolution to Authorize Execution of a Quit Claim Deed
conveying the County's Interest in Jointly-OWned Lots to the city
of Wilmington
The Commissioners adopted a resolution authorizing the
execution of a quit claim deed conveying its interest in the
parcels listed below to the City of Wilmington. The lots have been
identified by Wilmington Housing Finance and Development, I~c. for
construction of owner-occupied, single-family residences. The
Chairman was authorized to execute the necessary documents.
Parcel Number
054-09-021-014.000
054-09-027-023.000
054-09-027-024.000
054-14-004-011.000
048~18-027-005.000
054-14-009-020.000
Address
613 Wooster street
514 Wooster street
512 Wooster street
1022 S. 13th street
17 S. 12th street
1112 S. 9th street
A copy of the resolution.is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 20.
Adoption of Resolution for the Sale of Surplus Property Jointly-
owned by the City of Wilmington and New Hanover county
The Commissioners adopted a resolution authorizing the sale of
the following property jointly-owned by the City of wilmington and
New Hanover county:
Parcel No.
048-13-041-007.000
Address
716 Walnut st.
Amount of Offer
$990
Tax Value
$1,639
Market Value
$990
Offeror:
Shiloh Baptist Church
Property Dimensions
29' x 66'
:.;.~
o
o
o
e
e
e
'.
"
,.
""Il
'L. ._
~ ",~
.: <Ii
'. .~.
~[I{t~-~~~~"J~ ;~;J ':;'~-l?;;k~"~ r ~ "',
M~NUTES OF REGULAR MEETING, OCTOBER 3, 1994
PAGE '31"4
A copy of the resolution is hereby incorporate~ as a part of
the minutes and is contained in Exhibit Book XXII, Page 20.
Adoption of Resolutions to Request the Addition of Roads to the
state Highway system
The Commissioners adopted resolutions to add the following
roads to the state System:
Avalon Avenue
Roads in Laurel Ridge, section 3
Powers Drive in Prince George Estates
,Roads in Meadowbrook Subdivision, sections ~-6
Roads in North Bend and Glen Arbor Subdivisions
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXII, Page 20.
Adoption of Resolution to Designate the Assistant county Manager as
the County Official to Represent the County at ABC Hearings
, The Commissioners adopted a resolution to designate the
Assistant County Manager as the County Official to' represent New
Hanover County at ABC hearings.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 20.
Budget Amendm'ent #95-13 Reported for Entry into the Minutes -
Communications Tower Capital project
, The following Budget Amendment was reported for entry into the
minutes: .
#95-13 - Communications Tower capital Project
Debit
Credit
Communications Tower Capital proiect
Installment Loan Proceeds
, "
..
$48,000
Communications Tower Capital
~apital Project ~xpense
-' .f ..... '..-." ...
. ,
Proiect
$48,000
Purpose: To
on 'September
'I: :'''t'
increa,se the
19, 19'94.
)
budget as approved by the Commissioners
Approval of
Transportation
.;~.
Budget
#95-0050 Human
Amendment
services
t,il't.
Debit
Credit
Transportation
Transportation Assistance
.' '. "...';',,; "} '$1 f(
!. ;,..'
Transportat1on' '
Elderly ~,. '-'
D:rsabled
$6,701
$3,686
$3,015
'~t,":; J~'
Purpose: To increase'the budget for an additional allocation made
. .
t;o)';New Hanover' COl!nty.
- ..~ f
Approval of Budget Amendment #95-0051
Commissioners
Aging/senior Center
Debit Credit
Aqinq/Senior Center
Title, X. Exp-Capit'al Improvement Grant
~, -I,- .. ", .t,
Commissioners
~Appr9priated Fu~d Balance
. '
$3,334
$3,334
!-
Purpose: To rollover unexpended grant funds from FY 1993~94. The
expense side of the' budget amendment was done by purchasing when
purthase orders were 'rolled over; however, the grant rollover was
ri"CitXbudgeted. ~ "\'
., j"'~' "
J"..t. 'f.'" ~
!\.-t
...4
MINUTES OF REGULAR MEETING, OCTOBER 3" 1994, ,
PAGE 3,15,
Approval
Services
The
of Budget Amendment #95-0!l57
Department of Social
commissioners approved the following Budget Amendment:
95-0057 -Social Services/Child Day Care
Debit
Credit
social Services/Child Dav Care
Office of Day Care
$112,131
Day Care Services
$112,131
o
Purpose:
Services.
To budget additional revenues for Child Day Care
This is a State subsidy with no County funds required.
Action Deferred on Consent Agenda Item 6, Resolution to Re-Affirm
the county's support for the Maintenance of Masonboro Inlet
Commissioner Caster requested the County Attorney to explain
the liabilities that could be incurred by the County with adoption
of the proposed resolution and asked if the property is actually
owned by someone? '
County Attorney Copley reported the U. S. Corps of Engineers
plans to acquire the land through "navigational servitude" as
outlined under the federal law. If this law cannot be used and a
lawsuit should result, New Hanover county as the co-sponsor would
have to assume the cost for condemnation proceedings. This means
the County would have to pay the property owners the value of the
land that would be dredged away by real~gning the Masonboro Inlet
navigation channel, attorney fees, and other miscellaneous items
involved with condemnation. As to ownership, the property is
deeded to the Oleander Company and two other individuals.
Chairman Greer inquired as to how the County can encourage the
U. S. Corps of Engineers to maintain the inlet without accepting
any liability?
o
County Attorney copley recommended adopting a resolution to
encourage the Corps of Engineers to perform maintenance of the
inlet but decline to accept the sponsorship of the project.
_ Commissioner Caster inquired as to whether the Corps will
perform this work without the county sponsorship?
Assistant County Manager Weaver reported on previous
discussion at the congressional level relative to cutting costs on
navigation projects and stated the Corps of Engineers could refuse
to maintain the channel without a local sponsor for the project.
Consensus: After further discussion of the liability that could be
incurred by the County as a co-sponsor and the need to keep the
inlet open and properly dredged, it was the consensus of the Board
to invite representatives of the U. S. Corps of Engineers to make
a presentation to the Board of County Commissioners. Also, the
county Attorney was requested to obtain an opinion from the U. S.
Department of Justice as to whether the federal government's rights
under navigational servitude would be upheld if a lawsuit should be
filed.
commissioner Sisson inquired as to whether discussion has been
held with the Town of Wrightsville Beach on co-sponsoring this
project?
Assistant County Manager Weaver informed the Board that
discussion has been held with the Town of Wrightsville Beach about
the project, but not about funding or co-sponsoring the project.
Wrightsville Beach has researched legal strategies to acquire the
property, and there is a possibility that some assistance could be
received from the State.
o
e
e
e
.,'. ~ist~~~:~~L;~ti~~;~ki~~l1~~:;'~~~:~i~~$~~~"
. ; 1
"IIIl
,'IJ' ir~J
, " ' ". ., '-..,~'. ,f ....: " ,
"1".,...:I.,'~,:,\;':'"1<o:.~1.;f~. :'-'';f~'''~'li;:'{.~ .~
"'I" t't~ y. . ,.. ~_.' . ",' .,
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994
PAGE 31'6
staff was directed to invite representatives from the Town of
Wrightsville Beach to attend the meeting when the presentation is
presented by the Corps of Engineers
Approval of Two Register of Deeds I positions
commissioner Caster expressed concern for hiring new employees
and inquired as to whether these positions can be contracted on a
temporary basis? He stated the purpose for asking this question is
because at some time in the future the workload could decrease and
the positions would have to be eliminated, which is very difficult
to do when an employee has worked for eight or nine years.
County Manager O'Neal reported this is a good question;
however, the Registrar of Deeds is an elected official and
employees must be deputized to act on her behalf; therefore, it
would be difficult to contract for these services when the state
Law specifically outlines the procedures for the recording of
documents. Also, this office generates enough revenue to fund the
two positions.
commissioner Caster commented on the money that can be saved
through contracting services and encouraged the County Manager and
Staff to contract services whenever possible.
County Manager O'Neal responded the County does use. temporary
services to catch up on backlogs in various departments; however,
the Registrar of Deeds is a different department.
commissioner Barone reported these positions were requested
during the budget process with the recommendation that no positions
should be approved until the management review team could analyze
the operation of the Register of Deeds Office. Once this process
was completed, a report was to be forwarded to the Board.
Commissioner Barone expressed concern for not receiving the report
in advance before being asked to approve the two positions.
County Manager O'Neal apologized for not including the report
in the agenda packet. Since the budget process, the department has
been analyzed thoroughly by the Director of Human Resources and the
MIS Director. There are opportunities to automate portions of the
department; however, due to the required manual tasks involved with
recording legal documents, Staff feels the two new positions are
needed.
commissioner Barone responded she was aware of the need for
the two positions and, again, expressed concern for not receiving
the report before being asked to approve the positions.
Chairman Greer reported the County Manager did discuss this
matter with him, and he requested the Manager to place this item on
the agenda.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the two Register of Deeds f positions contingent
upon elimination of the positions if a revenue shortfall or decline
in the workload should occur. Upon vote, 'the MOTION CARRIED
UNANIMOUSLY.
PRESENTATION OF TOTAL QUALITY EDUCATION FOR STUDENTS BY DR. DALE
MARTIN, SUPERINTENDENT OF NEW HANOVER COUNTY SCHOOLS
Dr. Dale Martin, Superintendent of New Hanover County Schools,
introduced Dr. Shirley Prince, Director of Staff Development, and
requested that she begin the presentation.
Dr. Prince reported on the Quest for Quality Plan for New
Hanover County Schools, which began in 1989, and she emphasized the
fact that an effective school is one where all students learn the
specified curriculum regardless of factors in their background.
The schools that have been successful in implementing this program
have the following characteristics: (1) strong instructional
....
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994-
PAGE 317
leadership; (2) a clear and focused mission; (3) a positive
learning climate; (4) high expectations for success; (5) frequent
monitoring; and (6) positive home/school relations. Also, site-
based management is an integral part of the plan. site-based
management is the process and structure for shared decision-making
at the school site with the goal of increase student performance.
After a review of the plan, a committee was formed and the
Effective Schools and Total Quality Approach plan was developed
with a presentation of this plan to the Board of Education. Last
year, the school leadership was trained and at the beginning of
this year, Dr. Martin held an opening session with all employees of
the schools and explained the vision of quality management for the
New Hanover County Schools.
o
Dr. Martin reported the Quest for Quality program has been
used throughout the country since 1984. The overall umbrella of
the plan is for quality education and this goal is reached by the
expertise of teachers and identification of the following quality
indicators: (1) vandalism; (2) attendance rates; (3) discipline
issues; (4) school climate factors; (5) grades (individual); (6)
test scores; (7) graduation rates; (8) parental/community
involvement; (9) specialized programs; (10) questionnaires for
community/businesses; (11) student questionnaires; and (12) others.
Of the indicators listed, the following items have been selected as
priority items for New Hanover County Schools:
(1) A category that includes drop out rates, retention, and
failure rates, i.e, those students in our school district that
are not obviously being well served.
(2) Customer satisfaction perception inventory which would
include community, school district, and image in relation to
media coverage.
(3) Establishing preventative rather than retentive programs;
for example, early childhood, day care, latch key, etc.
o
(4) The percentage
proficiency on the end
the success rate).
of students who have demonstrated
of grade/end of course test (increasing
In summa:r:y, the plan will develop quality partnerships,
continue to 1mprove customer focus, establish a long-range
Strategic Plan; provide for data-driven decision making; share
decision making through teamwork; quality education accountability
through report cards; and emphasis will be placed on education and
training.
Dr. Martin expressed appreciation for an opportuni ty to
present the Quest for Quality and stated any plan that is used
should be based upon the following beliefs: (1) children should be
the center and heart of each decision; (2) quality education is a
right for all children, not a privilege; (3) to be successful it
takes teamwork to deliver quality education to all children; and
(4) we as adults do and will make a difference in the lives of
children, but the question to answer is what kind of difference ar~
we making.
Chairman Greer, on behalf of the Board, expressed appreciation
to Dr. Martin and Dr. Prince for an informative report.
o
PHYSICAL FITNESS AND HEALTH
Ms. Patricia Rode, Chairperson of the New Hanover'Council on
Physical Fitness and Health, reported the Council was formed
approximately two years ago under the direction of the N. C.
Governor's Council and the National Council on Physical Fitness and
Health. The purpose of the Council is to create an awareness of
physical fitness and in order to accomplish this goal, a Physical
Fitness Directory has been prepared to provide information on the
various fitness programs throughout New Hanover County. Also, the
..,t
, ,
"Ill
.
,
"i" kr.';
'f ",
,i.
y>
1 4tt,
~ ,~'.l ."
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994 -
PAGE 318
council is working with the school administration to promote
physical fitness programs in the schools.
In summary, the presentation is being made to re-acquaint the
Board of County Commissioners with the New Hanover County Council
on Physical Fitness and Health.
ei
commissioner sisson recommended using the New Hanover County
Parks & Recreation Advisory Committee to inform the Council about
any programs administered through the County Parks Department.
Chairman Greer, on behalf of the Board, expressed appreciation
to Ms. ~ode for the presentation.
ENDORSEMENT OF FUNDING REQUEST SUBMITTED BY CAPE FEAR COMMUNITY
COLLEGE FOR RECEIPT OF STATE BOND FUNDS
Dr. Eric B. McKeithan, President of Cape Fear Community
College, reported the Board of Trustees at its meeting on September
22, 1994, voted unanimously to request $2.5 million of
undistributed state bond funds to Cape Fear Community College. The
County Commissioners are being requested to support the request by
agreeing to support the operation and maintenance of facilities
purchased or constructed with the State bond funds.
Chairman, Greer asked when Cape Fear Community College will
know if the bond funds will be appropriated to the college?
--
Dr. McKeithan reported the General Assembly will convene in
January 1995; therefore, notification will probably not be received
until July 1995. If the priorities are followed as established by
the State Board of Community Colleges during the Short Session of
th~ General Assembly last year, Cape Fear Community College ranked
fifth of the thirteen projects and should be a strong contender.
;with a 5.1% increase in enrollment this year, Cape Fear Community
-College should remain at the 5th ranking or perhaps higher.
~~,
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
~aster to endorse the $2.5 million funding request submitted by
.Cap'e Fear Community College for a share of State bond funds for
',C:9inmuni ty colleges by agreeing to support the operation and
maintenance of facilities purchased or constructed with funds from
the State bond issue. Upon vote, the MOTION CARRIED UNANIMOUSLY.
commissioner Caster inquired as the status of property
acquisition?
,.\
Dr. McKeithan responded that no information.could be disclosed
crt this time; however, he will contact the County Manager when
iriformation can be released.
tfi'
_......~
, '
,
BREAK
, Chairman'"Greer called a break from 8:25 P.'M. until 8:40
p':~.
P~~LIC HEARING TO ,CONSIDER A REQUEST BY LANDMARK DEVELOPERS TO
REZONE 187.94 ACRES ON THE EAST SIDE OF NORTH COLLEGE ROAD, SOUTH
'O~~SIDBURY ROAD AND WEST OF 1-40 TO 1-1 LIGHT INDUSTRIAL FROM R-15
RESIDENTIAL (Z~505, 9./94)
~,; Chairman Greer opened the Public Hearing.
"" Planning _ Director, Dexter Hayes, reported the Planning Board
~9ted unanimously to recommend denial of this petition due to the
uncertainty of planne~ road improvements for the area and the lack
'oIvfirm development ,plans for the tract. The Planning Board felt
i,t; would ,be difficult to protect the integrity of nearby
re~idential uses ,w:ithl the establishment of open-ended industrial
z'o'hing. SeVeial "residents from Pumpkin Creek Acres spoke in
. ...N ,. ' ~ ",,,.'.,
Oppos1t1on to there,zon1ng request.
,.:e.~~' ~I.,;r<' .
*,,~>!,;... .
~
/
r
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994,
PAGE 31!l.
Planning Director, Dexter Hayes, informed the Board that the
petitioner, Landmark Developers, would like to withdraw the request
and resubmit the petition to the Planning Board as a conditional
use zoning, which would require a site plan approval process.
Chairman Greer commented on the importance of working out an
agreement that would be satisfactory to everyone present and stated
he has no problem with the petition being withdrawn.
Commissioner sisson emphasized the importance of notifying the
persons present as to when the Planning Board meeting will be held
to reconsider this request under conditional Use.
o
Ms. Mary Roughton, a resident of Pumpkin Creek Acres,
commented on appearing before the Planning Board with a unanimous
vote to deny the rezoning request, and she requested an explanation
of how this request can be resubmitted to the Planning Board
without the Commissioners making a decision?
Chairman Greer reported if the Commissioners render a decision
on the request, the petition could not be presented to the Board
for at least one year; therefore, the petitioner has requested the
Commissioners to allow the request to be resubmitted as a
conditional use without a decision being made on the request
presented tonight. This would allow the petitioner time to work
out an arrangement that would be satisfactory to everyone.
Ms. Roughton expressed concern for allowing a petition to go
back and forth to the Planning Board with changes occurring each
time and asked how many times a plan can be resubmitted to the
Planning Board? '
Chairman Greer reported there is no written rule pertaining to
the number of times the petition can be resubmitted; however, the
Commissioners do not want to inconvenience the general public and
delay making a decision on a petition when the item 'has 'been
advertised and presented to the Board. In this case, the
petitioner has requested time to work out a plan that might be more,
acceptable to all parties involved.
o
commissioner sisson informed Ms. Roughton that when the
conditional use plan is submitted to the Board of county
Commissioners, input from the public will be received, and at that
time she will have an opportunity to express her concerns if she is
not satisfied with the plan.
Ms. Roughton expressed appreciation for the explanation about
resubmitting of the plan but stated, for the record, "No one plan
fails... one fails to plan".
Consensus: It was the consensus of the Board to allow the
petitioner to withdraw the request and resubmit the request as a
conditional use to the Planning Board. Staff was requested to
notify surrounding property owners of the exact date and time the
petition will be heard by the Planning Board.
PUBLIC HEARING TO CONSIDER A REQUEST BY DICK STAUB TO REZONE 2.8
ACRES ON THE NORTH SIDE OF PINER ROAD TO 0-1 OFFICE AND INSTITUTION
FROM R-15 RESIDENTIAL (Z-506, 9/94)
Chairman Greer opened the Public Hearing.
o
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the rezoning request.
During discussion, the Planning Board concurred with Staff that a
conditional use would be more appropriate; however, with the site's
narrow frontage, the additional side yard setbacks would make a'
conditional use no more effective than the standard design
requirements imposed for a general'use in an Office and Institution
District.
""'Ill
\.1ft
,
;,f ~;~:~,~;~:<i.:f
".'i"'"
, ;' I ~ .,
MrNUTES OF REGULAR MEETrNG, OCTOBER~, 1994
PAGE 320
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
e
Mr. Phillip Pearce, an adjoining property owner, inquired as
to whether a specific plan has been presented to reflect where the
building would be located on the site?
Planning Director Hayes reported the size of the building will
determine the amount of setback to the adjoining property line.
Chairman Greer closed the Public Hearing.
commissioner sisson expressed concern for commercial spot
zoning, particularly for a .parcel of land that is so far away from
the R-15 Residential zoning, and he recommended considering a
conditional use with the designation of a specific use for the
site.
Planning Director Hayes reported the Planning staff felt a
conditional use district would be more appropriate in this case;
however, the Walmart Shopping Center is located across the street.
Motion: Commissioner sisson MOVED to refer the petition back to
the Planning Board for resubmission of the request as a conditional
use. NO SECOND WAS RECEIVED; THEREFORE, THE MOTION DIED.
Chairman Greer reported the 0-1 zoning appears to be an
excellent transition since the property across the street is zoned
B-2 with location of the Walmart facility on the site.
e
Commissioner sisson, again, expressed concern for the distance
from the front edge' of the R-15 to the proposed 0-1 District.
Substitute Motion: Commissioner Barone MOVED, SECONDED by Chairman
Greer to approve the 0-1 rezoning request for 2.8 acres on the
north side of piner Road as recommended by the Planning Board.
Upon vote, the MOTION DID NOT CARRY AS FOLLOWS:
Voting Aye: Commissioner Barone
Chairman Greer
Voting Nay: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Planning Director Hayes explained since the proposed 0-1
zoning was denied, the Board may desire to notify the petitioner
that he can resubmit the request for a conditional use.
Motion: After discussion, commissioner sisson MOVED, SECONDED by
Commissioner Caster to authorize the Planning Staff to contact the
petitioner and inform him that he can resubmit the petition to the
Planning Board as a conditional use. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
e
PUBLrc HEARrNG TO CONSrDER A REQUEST BY DrCK THOMPSON TO REZONE 127
ACRES ON THE SOUTH END OF RrVER ROAD AT SNalf'S CUT TO R-15
RESrDENTrAL AND R-10 RESrDENTrAL FROM r-2 HEAVY rNDUSTRrAL (Z~508,
9/94)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the rezoning. The
pianning Board felt the proposed rezoning would be more consistent
{with the County's policies for Growth and Development. The
recommendation for approval includes the area along the
.\,!'ntracoastal Waterway south of and adjacent to the applicant' s
. property. One nearby property owner told the Planning Board that
,
.....
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994
PAGE 321
he felt R-10 zoning would be inconsistent with the
zoning of the area. There was no other opposition
Planning Board meeting.
R-15 general
voiced at the
Chairman Greer inquired as to whether anyone from the general
puplic would like to comment.
,
The following comments were received.
Mr. Larry,Sneeden, representing the applicant and landowners,
reported the proposed rezoning request will provide more control
over density and the type of development that would occur under an
industrial classification. A map was presented showing the
brackish marsh and the area of the land that is below and above the
100 Year Flood Plain. The land below the 100 Year Flood Plain is
classified as conservation, and under the Land Use Plan no more
than 2.5 units per acre can be constructed. The land above the 100
Year Flood Plain is classified limited transition and the Land Use
Plan states that land classified limited transition "should" have
no more than 2.5 units per acre. The petitioner is requesting 3.3
units per acre on the limited transition land, which will increase
the density for both tracts from 2.5 to 2.7 units per acre. The
applicant feels this increased density is necessary in order to pay
for costs involved with development of the tract including
extending water and sewer to the property. The limited transition
classification was established during the last Land Use Plan Update
to better handle areas where County sewer is not available with a
decrease in the density from 3.2 to 2.2 units per acre to avoid any
potential pollution problems that could occur with the usage of
septic tanks. The County Sewer is available and the developer has
been working with the County Eng~neering Department to determine
how the waste is to be collected and treated. The Commissioners
were requested ,to approve the proposed rezoning of 127 acres on the
South end of River Road at Snow's' Cut to R-15 and R-10 from 1-2
Heavy Industrial zoning.
There being no further public comments, Chairman Greer closed
the Public Hearing,
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve the rezoning request 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. 4 OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED APRIL 7, 1994" is hereby incorporated as a part of
the minutes and is contained in Zoning Book I, section 4, Page 40.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
ESTABLISH AN IN-HOME CHILD DAY CARE SERVICE FOR UP TO EIGHT
CHILDREN AT 6263 TURTLE HALL DRIVE (S-366, 9/94)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
anyone wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn:
Planning Director Dexter Hayes
Gerard J. Cosby
Steven Harvey
Melanie Mayer
Kathryn Monaghan
Lynda Harvey
Carla strickland
Nancy Turnbull
Sharon Greene
Quinn S. Henderson
Hennette Pedzwats
Chris Rice
.
o
o
o
e
e
e
.;~r ~~~~... ""'~'"'1;i'~1:''' ,~;~.t"""1'-; (.1' ~ -;I:t
""II
,
;, >tl~;.;h!,;dtt.~i": 'lJ~i~fl"":
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994
PAGE 322
Fran Cooper
Elizabeth S. Knowles
Planning Director, Dexter Hayes, reported the applicant, Lynda
Harvey, had to renew her current registration with the state of
North Carolina. The state requires that all local permits be
obtained before the registration can be renewed. Since Ms. Harvey
is increasing the number of children kept to eight, the County
requires a Special Use Permit for any center keeping more than five
children.
Planning Director Hayes presented the following preliminary
staff findings:
1. The proposed use will not materially endanger the public health
or safety if located where proposed and developed according to the
plan as submitted and approved based upon the following findings:
A. The site has direct access to Turtle Hall Drive.
B. The site is located in the Seagate Volunteer Fire
Department.
C. The service would be located in an existing residential
structure. Currently, the applicant keeps up to five
children on an all day basis, and three others in the
afternoon after school hours. This structure will not
require modifications to accommodate the use.
2. The proposed use meets all required conditions and
specifications of the Zoning Ordinance based upon the following
findings:
A.
Child day care is permitted in the
Residential Districts by Special Use
applicant's site is zoned appropriately.
R-10
The
R-15 and
Permit.
B. Pick-ups and drop-offs can be made without backing into
the street.
,
C. No identification signage is proposed.
D. An existing fenced area on the rear of the property will
be utilized for outside play needs.
3. The proposed use will not substantially injure
adjoining or abutting property or that the use
necessity based.upon the following findings:
<i ~ '
. ,
the value of
is a public
A. The applicant has kept up to five (5) children on a full-
time basis and three other children on a part-time basis
f~r. several years at this location.
.'
B.
"
Ther!,! are no documented complaints that the existing
service is disruptive, or that the use has impaired
property values in the area.
'.
4., The location and character of the proposed use if developed
according to the plan as submitted and approved will be in harmony
wi-th the area ~in which it is to be located and in general
C'onformity 'with. the plan of development for New Hanover County
baseQupon the. following findings:
, . .
A. There ~re no exterior alterations planned for the
ex~~tin9 structure.
B. Minimal traffic demands would be created.
~
~
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994
PAGE 323
Chairman Greer inquired as ta whether anyane
public wauld like ta speak in favar .of granting
Permit. The fallawing remarks were received:
fram the general
the Special Use
Ms. Lynda Harvey, the petitianer, cammented an .operating a
small day care center at 6263 Turtle Hall Drive far 12 years and
requested the Cammissianers ta grant the Special Use Permit in
.order ta cantinue ta .operate the facility and take care .of
children. She reparted an the need .of a day care facility lacated
in the area and stressed the impartance .of praviding quality day
care ta children.
o
Chairman Greer asked Ms. Harvey if she cancurred with the
findings as presented by the Planning Directar.
Ms. Harvey agreed with the findings as read and presented. .
Chairman Greer cammented an the number .of persans present wha
are in favar .of granting the Special Use Permit and requested them
ta stand. Appraximately 20-35 peaple staad in suppart .of the
request.
Chairman Greer inquired as ta whether anyane present wauld
like ta speak in appasitian ta granting the Special Use Permit.
Na camments were received.
Chairman Greer clased the Public Hearing.
Motion: cammissianer Sisson MOVED, SECONDED by cammissianer Barane
ta grant the Special Use Permit ta Ms. Lynda Harvey to establish an
in-ham~ child day care service far up ta eight chiidren at 6263
Turtle Hall Drive based upan the findings and evidence presented
satisfying the faur general requirements. Upan vate, the MOTION
CARRIED UNANIMOUSLY.
o
A copy .of the Special Use Permit is hereby incarparatedas a
part .of the minutes and is cantained in SUP Baak II, Page 8.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO WILLIAM
C. VANN FOR LOCATION OF A MOBILE HOME AT THE NORTHEAST CORNER OF
GLADIOLUS ROAD AND U.S. HIGHWAY 117 ON PROPERTY ZONED R-20
RESIDENTIAL (S-367, 10/94)
Chairman Greer .opened the Public Hearing and reparted the
special use pracess is a quasi-judicial hearing; therefare, persans
wishing ta testify must be swarn in by the Clerk ta the Board.
The fallawing'persans were swarn in:
Planning Directar Dexter Hayes
Earl williams, the praperty .owner
Planning Directar, Dexter Hayes, reparted Mr. William C. Vann
has requested a Special Use Permit to lac ate a mabile hame at the
nartheast carner .of Gladiolus Raad and U. S. Highway 117.
The follawing preliminary findings were presented:
1. .The propased use will nat materially endanger the public health
.or safety if lacated where prapased and develaped accarding ta the
plan as submitted and approved based upan the fallawing findings:
, . , .
o
A. The s-i te has direct access t.a Gladialus Raad and U. S.
Highway 117.
B. The site is located in the Wrightsbora Volunteer Fire
Department District.
C. The mabile ham~ will be served by an individual well and
septic'tank.
e
"
e
e
",,,
,.
;. 7'
""Il
': li\(4~,ifl~~Jr..ll', '~,'Ft: ,;; ,
MXNUTES OF REGULAR MEETXNG, OCTOBER 3, 1994
PAGE 324
2. The proposed use must meet all required conditions and
specifications of the Zoning Ordinance based upon the following
findings:
A.
Mobile homes are permitted by
conferment in the R-20 Residential
zoned R-20.
Use Permit
The site is
Special
District.
B.
The lot complies with the minimum lot size of the R-20
District and the minimum yard setbacks can be met.
C. Adequate area is available to meet off-street parking
requirements.
3,. The proposed use will not substantially injure
adjoining or abutting property or that the use
necessity based upon the following finding:
the value of
is a public
A.
A mixture of housing styles is located in the area,
including mobile homes.
4. The location and character of the proposed use if developed
according to the plan as submitted and approved will be in harmony
with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County
based upon the following findings:
A. Mobile homes are located throughout the general area.
B. A Special Use Permit for two mobile homes on nearby
property was granted by the County in February 1987.
Chairman Greer inquired as to whether anyone from the general
public would like to comment. The following remarks were received:
Mr. Earl Williams, the property owner speaking on behalf of
William Vann, requested the Commissioners to approve the Special
Use Permit to allow his son-in-law and daughter to place a"mobile
home on property that he owns on Gladiolus Road.
Chairman Greer asked Mr. Williams, if he concurs with the
findings as presented?
Mr. Williams agreed with the findings as presented.
commissioner sisson inquired as to whether any adjoining
property owners have a problem with the mobile home being placed on
this site?
Mr. Williams reported the adjoining property owners are not
opposed to placement of the mobile home on the site.
Chairman Greer inquired as to whether anyone from the general
public would like to speak in opposition to granting the Special
Use Permit. .
No comments were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to grant the Special Use Permit to locate a mobile home on the site
,a"s,. presented based upon the evidence and findings satisfying the
four general requirements. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the Special Use Permit is' hereby incorporated as a
par,t of the minutes and is contained in SUP Book II, Page 1,8.
~
....
;
I
I
I
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994 .
PAGE 325'
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO SHIRLEY
JOHNSON TO LOCATE TWO MOBILE HOMES ON THE NORTH SIDE OF GLADIOLUS
ROAD NORTH OF SASSANQUA ROAD (S-368, 10/94)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
persons desiring to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Planning Director, Dexter Hayes
Ms. Shirley Johnson
o
Planning Director, Dexter Hayes, reported the petitioner, Ms.
Shirley Johnson has requested a Special Use Permit to locate two
mobile homes on the north side of Gladiolus Road north of Sassanqua
Road. The property is approximately 1.6 acres and is zoned R-20
Residential.
The following preliminary findings were presented:
1. The proposed use will not materially endanger the public health
or safety if located where proposed and developed according to the
plan as submitted and approved based upon the following findings:
A. The site has direct access to Gladiolus Road.
B. The site is located in the Wrightsboro Volunteer Fire
Department District.
C. The mobile homes will be served by individual wells and
septic tanks.
2. _ The proposed use meets all required conditions and
specifications of the Zoning Ordinance based upon the following
findings:
o
~
A.
Mobile homes
conferment in
zoned R-20.
are permitted by Special
the R-20 Residential District.
Use Permit
The site is
B. The lots comply with the minimum lot size of the R-20
District and the minimum yard setbacks can be met.
C. Adequate area is available to meet off-street parking
requirements.
3. The proposed use will not substantially injure
adjoining or abutting property or that the use
necessity based upon the following findings:
the value of
is a public
A. A mixture of housing styles is located in the area,
including mobile homes.
4. The location and character of the proposed use if developed
according to the plan as submitted and approved will be in harmony
with the area in which it is to be located and in general
conformity with the plan. of development for New Hanover County
based upon the following findings:
o
A. Mobile homes are. located throughout the general area.
B. A Special Use Permit for two mobile home~ on adjoining
property was granted by the County in February 1987.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
e
e
e
.~,.c":"- f. ~~~, f'l:;~','-" "''.'i~i'''F ~,. ,
"'IIIl
:r~~~' ,,~, I~.. " c~
''''':('~/'
MiNUTES OF REGULAR MEETING, OCTOBER 3, 1994
PAGE'326
Ms. Shirley Johnson, the petitioner, requested approval of the
Special Use Permit for placement of two mobile homes on the
property to provide a home for her son and elderly parents.
Chairman Greer asked Ms. Johnson, if she agreed with the
findings as presented by the Planning Director?
Ms. Johnson concurred with the findings as presented.
There being no further remarks, Chairman Greer closed the
Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to grant the Special Use Permit for the placement of two
mobile homes on the property based upon the evidence and findings
presented satisfying the four general requirements. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 8.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO CLARIFY THAT
PERFORMANCE SUBDIVISIONS APPLY ONLY TO MAJOR SUBDIVISION
APPLICATIONS (A-258, 9/94)
'Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the following Text
Amendment:
section 51.5-2, 8. Performance Residential: When a
development proposal is submitted under this section, it shall
be processed as a maior subdivision of land under the
provisions of the New Hanover County Subdivision Regulations
as amended.
planning Director Hayes reported on the rapid growth in New
Hanover County, and stated the language in the current ordinance
had not presented a problem until recently. In the last few years,
the County has approved at least four minor subdivisions using the
requirements established for performance developments. While the
overall impact of these approvals appears to be small, Staff
believes that such projects are not consistent with the spirit and
intent of the performance-based regulations. The minor subdivision
prqcess was created to handle a limited range of land divisions
that would not require the level of approval normally associated
with a major development. Usually a minor subdivision involves
five or less lots and never involves road dedications. As a
result, minor subdivisions are reviewed administratively by Staff
.with no hearing or formal Technical Review Committee analysis.
"
Under the current ordinance, the land owner is able to gain
additional units by averaging and rounding the calculations, which
maybe incompatible and out of character with the neighborhood.
The p'roposed Text Amendment will avoid this type of situation. The
!?,limning Board voted unanimously to recommend approval of the
... ,,'.'l...~.
proposed Text Amendment.
.,'.
Chairman Greer inquired as to whether anyone from the general
pu~lic would like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Chairma~ Greer recommended adding language that clearly:
defines a major sub'division as five lots or more.
r.,~. ..
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
~o"approve the Text Amendment with the following change:
;:; t JI.? . .~":
'!~
~
/
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994
PAGE 327
When a development proposa~ is submitted under this section,
it shall be processed as a maior subdivision (more than five
lots) under the provisions of the New Hanover County
Subdivision Regulations as amended.
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 20.
o
PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE TO RENAME A
PRIVATE ROAD LOCATED IN PEMBROKE JONES PARK AT LANDFALL TO FOX HUNT
LANE
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, requested the Commissioners
to rename a private road in Pembroke Jones Park at Landfall from
Fox Hunt Place to Fox Hunt Lane to eliminate confusion about the
correct name for the road.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
No 'remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adopt an ordinance to rename a private road located in Pembroke
Jones Park at Landfall from Fox Hunt Place to FOX HUNT LANE. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 20.
. .
o
BREAK
Chairman Greer called a break from 8:50 P.M. until 9:04 P.M.
ADOPTION OF RESOLUTION APPROVING THE TRANSFER OF THE NEW HANOVER
COUNTY HEALTH DEPARTMENT HOME HEALTH AGENCY TO NEW HANOVER REGIONAL
MEDICAL CENTER
Director of Health, Robert Parker, reported after an extensive
review and assessment stuliy during the past year, the Board of
Health voted to transfer the Home Health Agency to New Hanover
Regional Medical Center.
.. . ...' ~
. The assessment showed that services being administered by the
Home Health Agency were excellent, but the number of patients being
served was decreasing each year with Comprehensive Home Health Care
(the only other agency in the area) gaining patients. After
holding a two-day retreat and discussing ways to better compete for
patients, it was concluded that the following courses of action
could be considered:
1. Do Nothing: with this action there would be no future for the
Home Health Agency.
2.
Sale the Agency to the Highest Bidder: No assurance that the
organization would provide indigent care or hire the County
employees.
o
3. Develop minor relationships with New Hanover Regional Medical
Center. ' .
4. Formation of a non-profit organization outside the hospital
and Board of Health with members appointed by the Board of
Health and County Commissioners.
d"
Transfer the Home Health Agency to New Hanover Regional
Medical Center.
5.
f~"h'!:;lt
""Ill
~f1~l; ;. . !.ff ,.
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994
PAGE 328
After a thorough study by the Board of Health, it was felt the
transfer of the Home Health Agency to New Hanover Regional Medical
Center should be considered because of the following reasons:
e
e
1. Growina Competition: The Home Health Care Agency is facing
increasing competition from private home health agencies who
are taking over a larger share of the market.
2.
Comoetina with the Private Market: While private agencies are
increasing their hold on the County, there is a great
hesitancy within the County government for public entities to
directly compete with private entities. Some public officials
feel services already available in the private sector should
be provided by private companies. Unless the Home Health Care
Agency is operated like a private provider and competes, it
will continue to experience a loss of patients and visits.
3. Hirina Constraints: Due to state Personnel and County hiring
regulations, the Health Department does not have the
flexibility to hire staff as needed in the Home Health Care
Program. without this ability and competitive wages, the
program will face even greater struggles in recruiting and
retaining qualified staff. At times, the Home Health Care
Agency has been forced to refuse referrals from hospitals and
physicians due to a lack of staff.
4.
certificate of Need: currently, home health agencies that
wish to receive Medicare and Medicaid reimbursement must
receive a certificate of Need (CON) to provide these services.
The draft 1995 state. Health Plan indicates a need for a new
home health agency in New Hanover County under the CON law.
The establishment of another agency in the County will provide
even greater competition for the program. There also is a
great deal of pressure on the N. C. General Assembly to
eliminate the CON from home health. Many hospitals support
the elimination because they want to directly provide home
health services. Since hospitals control most home health
referrals, their entry into home health would have a
significant adverse impact on the Health Department's agency.
It was also felt the Home Health Agency should not be in
competition with the local hospitals.
5. vertical Intearation: Health Care Reform will favor providers
who form alliances with one another. Providers who offer a
full array of. services will be in better positions with any
type of health reform package. Even today, case managers
prefer working with providers who can offer a complete range
of services from inpatient to home care. A freestanding home
health agency'without affiliations with other health care
providers will become lost.
Health Director Parker presented the following benefits that
will be received by the County and its citizens with the proposed
transfer of home health care services:
1. will ensure -continued services for the indigent without the
County taking direct responsibility.
4 'c'
e
2.
will provide for greater continuity of care for patients as
they are. discharged from the hospital to the home setting. .
(i .
3. will ensure that patients can receive a comprehensive array of
all in-home s~rv~ces through increased staffing and financial
resources. of the'hospital.
,
,
4.. will provide patients with state-of-the-art "high-tech" home
health se~v~ces through the hospital's resources.
'" :It,
,., f . ..
5. will reduce the oyerall County budget and guarantee employment
to the county's Home Health Staff in the new setting.
,"f; ~~: r "'
...oIIIl
(
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994
PAGE 32?
6. will allow the Health Department to focus its attention on
primary care and preventive services, which are its primary
purpose.
Health Director Parker reported during the past week, the
Health Department was notified that a Certificate of Need for New
Hanover County was not issued; however, it is felt the certificate
of Need will be issued in the future. Also, as of December 1,
1994, home health care agencies will be able to cross county
boundaries, which will be more easily administered by the hospital
because of the time involved with negotiating contracts among the
governing bodies of the various counties.
In summary, Director Parker reported the Board of Health
approved the transfer of the Home Health Agency to New Hanover
Regional Medical Center based upon the following conditions: (1)
salaries and benefits of the Home Health employees will be equal or
better than the present benefits under the County; and (2) the Home
Health Agency will remain as autonomous as possible within the
structure and administration of the New Hanover Regional Medical
Center.
Mr. Jim Hobbs, President of New Hanover Regional Medical
Center, reported the Medical Center did participate in the original
Health Department assessment and determined that home health is of
strategic importance to the hospital. The transfer should allow
for improvement of home health care services with expansion of new
programs and at the same time decrease the cost of the programs.
The Medical Center will be assuming an exceptional home health care
program, and this transfer will increase the continuity of care for
patients; decrease the length of stay in the hospital thereby
reducing costs; increase access to home health services; and
eliminate the need to compete for the certificate of Need. This is
a..win/win situation for the community, the Health Department, and
New Hanover Regional Medical Center.
As to the issue of salaries and benefits, an analysis is being
made of each position to ensure the County employees will receive
proper salaries and benefits. As to this agency remaining
autonomous, the Medical Center will keep this agency separate and
intact as a home health agency working with Mr. Dick Jones, Vice-
President of strategic services.
In summary, Mr. Hobbs expressed appreciation for an
opportunity to participate in this program and reported the
Hospital Board of Trustees and Board of Health recommend approval
of transferring the Home Health Agency to New Hanover .Regional
Medical Center with final details to be settled by management of
all three entities.
commissioner Caster inquired as to whether a separate'site has
been found for the Home Health Agency? Mr. Hobbs reported the
hospital is in the process of selecting a site.
Chairman Greer reported all members of Staff from the Health
Department i Home Rea 1 th Care Agency, and Medical Center have
thoroughly studied and reviewed the proposed transfer. In his
opinion, this is a logical step and will be beneficial to the
entire community; however, a major concern is the assurance that
Health Department employees will receive equal pay and benefits.
Director Parker explained the Board of Health will have to
concur with the final agreement to ensure that salaries and
benefits are of comparable value for county employees. If this
condition is not met, he would recommend the transfer not occur on
January 1, 1995.
. , .
Ms. Elizabeth Grace, a Public Health Nurse with' the' Home
Health Agency, commented on the excellent quality of services
provided by this agency and expressed concern for the loss benefits
o
o
o
";:;Yi'~~,~:jlor;'-:. ':V .1.
""'IIIl
i;{)...~..."..:. ".;I~'i,
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994
PAGE 330
e
to employees with the proposed transfer. As a New Hanover County
employee, she pays for family medical and dental insurance plans..
In order to receive the same amount of coverage for medical and
dental insurance, she will pay the Medical Center an additional
$2,600 per year over and above what she currently pays to New
Hanover County. Also, her interest in the state Retirement System
will have to be vested since she will begin as a new employee at
the Medical Center, which will eliminate the opportunity for her to
work the five years necessary for retirement at her present age.
Ms. Grace stressed the importance of not rushing into this matter
until the County employees are assured of equal salaries and
benefits.
commissioner sisson recommended including a condition in the
resolution that will ensure salary comparability in the proposed
transfer.
County Attorney Copley recommended amending the resolution to
clearly state the County employees shall receive equal pay and
benefits.
Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairman
Mathews to adopt an amended resolution approving the transfer of
the New Hanover County Home Health Agency to New Hanover Regional
Medical Center contingent upon salaries and benefits being
comparable prior to the actual transfer. The floor was opened for
discussion.
e
Director Parker reported the Medical Center is in the process
of compiling an analysis of salaries and benefits for each County
employee. Once this process is completed, every employee will
receive an application, job description, and salary and benefits
schedule. Any concerns submitted by an employee will be reviewed.
It. is hoped that every employee will concur with the proposed
saiary and benefits schedule. If not, the Board of Health will be
informed and then the Board of County Commissioners will become
im/ol ved.
,
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 20.
ADOPTION OF RESOLUTION TO CONTRACTS FOR CONSTRUCTION OF THE MULTI-
PURPOSE BUILDING AT THE NEW HANOVER COUNTY LANDFILL
.. Director of Environmental Management, Ray Church, commented on
the: needs for the multi-purpose building at the New Hanover County
Lan~fill and requested approval of resolutions to award the
foilowing contracts:
1. General Construction Contract: Group III Inc. in the amount
of $214,.122..
2.
Plumbing Contract:
$27,475.
Kelly Plumbing, Inc. in the amount of
J
,
3 .
Electrical Contract: Harris Electric Company in the amount of
$22,875.
e
4.
HVAC Contract: Pro-Maintenance in the amount of $22,308.
: 1
" "', Discussiol1 was held on funding the proj ect. County Manager
0' NeaL'reporteda Special Obligation Bond issue requires the County
to maintain in reserve the first year of debt service payment;
'tn.ere"fore, only a portion of $400,000 can be used; however, through
fIj1ancincj' ofequipl1len~ and saving on the various projects, there
are funds availaple~for the project.
'.' ~- J'~
1,
. Discussion was held on the size of the building. Project
EngiReer" Geo:r:ge S,h~w,. reported the office space has been reduced
...,.."'" ? '!::' . ~~-r l". ~':j:i'
j
/
"
I
MINUTES OF REGULAR MEETING, OCTOBER 3, 1994
PAGE.331:
by one-third with the remaining part of the building being an open
shell for maintenance. The square footage is approximately $6,000
square feet at a cost of approximately $50 to $55 per square foot.
Motion: Vice-Chairman Mathews MOVED, SECONDED .by Commissioner
Siss9n to adopt resolutions awarding the contracts as presented in
the amount of $301,119, which includes the 5% contingency. The
Chairman was authorized to execute the contract documents. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXII, Page 20.
o
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 9:30 P.M. to
hold .a regular meeting of the Water & Sewer District.
Chairman Greer reconvened to Regular Session at 9:59 P.M.
ADDITIONAL ITEMS
APPROVAL OF BUDGET AMENDMENT #95-0059 FOR CRIMINAL JUSTICE
PARTNERSHIP PROGRAM
Deputy County Manager Atkinson requested approval of a Budget
Amendment to hire a facilitator for the Criminal Justice
Partnership Program for preparation of the grant application. The
original price requested was $10,000; however, the contract price
has been negotiated to $8,000 with payment of reasonable travel
expenses not to exceed $2,000. The N. C. Department of Corrections
will provide grant funds in the amount of $7,000.
commissioner Barone commented on meeting the facilitator and
reported on being pleased with his experience as a facilitator in
Forsyth and Bladen counties. She also reported as Chairman of the
Criminal Justice Partnership Program, she has requested Judge
Fullwo'od to co-chair the committee with her or appoint another
judge to co-chair the committee.
o
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the following Budget Amendment and authorize the
County Manager to execute the contract. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
voting Nay: Chairman Greer
Budget Amendment #95-0059. - Non-Departmental outside Agencies/Human
Services
Debit
Credit
Non-Departmental
contingencies
$ 3,000
outside Aqencies - Human Services
criminal Justice PartnershipProqram
Department of Corrections Grant
o
$ 7,000
criminal Justice Partnership Program
$10,000
Purpose: To budget criminal. Justice partnership Grant and transfer
$3,000 for local match from contingency.
A copy of the contract is on file in the Legal Department.
.~.
-,
J <:))
.
..'
"Ill
V>,\;
,
M~NUTES OF REGULAR MEETING, OCTOBER 3, 1994 PAGE 332
. - .
ADOPTION OF RESOLUTION SUPPORTING "CELEBRATE WILMINGTON"
county Manager O'Neal reported Chancellor James R. Leutze has
requested the Board of County Commissioners to adopt a resolution
of support for "Celebrate Wilmington"- which is an effort to promote
the arts and cultural events in New Hanover County..
Motion: CommisSioner Barone MOVED, SECONDED by Commissioner Sisson
to adopt a resolution supporting "Celebrate Wilmington" as
requested by UNC-W Chancellor James R. Letuze. 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 20.
ADOPTION OF RESOLUTION TO SUPPORT FLOW CONTROL LEGISLATION IN U. S.
SENATE
County Manager O'Neal requested adoption of a resolution to
urge the U. S. Senate to support Senate Bill 227 to authorize local
governments to control the flow,of'solid waste.
Environmental Director, Ray Church, reported the U. S. House
of Representatives has passed the bill; however, if this bill does
not go before the Senate by Friday, October 7, 1994, the bill will
not be acted upon this year because the Senate is scheduled to
adjourn next week. It appears there is significant support for the
bill; therefore, it would be beneficial if the Commissioners would
contact the members of the U. S. Senate and urge them to vote for
Senat.Bil1227.
Motion: vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt the resolution of support for Senate Bill 227 and
fax the resolution to the members of the U. S. Senate as quickly as
possible. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the r~solution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 20.
~",.
EXECUTIVE SESSION
. Chairman Greer reported the County Manager has requested an
Executive Session,to discuss a personnel matter.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to convene from Regular Session to Executive Session. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
; ~ I
Chairman Greer convened to Executive Session at 10:05 P.M.
Motion: Vice-Chairman
. ,
Barone to reconvene to
'CARRIED UNANIMOUSLY.
Mathews MOVED,
Regular Session.
SECONDED by Commissioner
Upon vote, the MOTION
~.
, ,
'.
Chairman Greer reconvened to Regular Session at 10:59 P.M.
"
ADJOURNMENT
, There being no further business, Chairman Greer adjourned the
meeting at 11:00 P.M.
~1'
~<<Z:d'
Lucle F. Harrell
Clerk to the Board
j