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1996-04-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 327 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 15, 1996, at 9:00 A.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 and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Harold Crocker, Pastor of Living Waters Ministries, gave the invocation. Vice-Chairman Mathews led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He asked if anyone present would like to speak, and he requested all persons to limit their remarks to three minutes. The following items were presented: Request for Adoption of a Proclamation Designating April 24th as "ARMENIAN REMEMBRANCE DAY" in New Hanover County Mr. Moorad Alexanian, Professor of Physics at UNCW, requested the Board to adopt a proclamation designating April 24, 1996, as "ARMENIAN REMEMBRANCE DAY" in New Hanover County to commemorate the 81st anniversary of the Armenian Genocide of 1915-1923. He stressed the importance of remembering that 1.5 million Armenians were killed by the Turkish government during this period of time and advised that adoption of a proclamation would be very much appreciated by the Armenians living in the community. Chairman Greer expressed appreciation to Mr. Alexanian for bringing this matter to the attention of the Board and stated the Board would need time to read the information before taking action. APPROVAL OF CONSENT AGENDA County Manager O'Neal requested removal of Consent Agenda Item #3 in order to be sure that all vendors had been included in the furniture bid for the Department of Social Services. He reported this item would be placed on a future agenda. Chairman Greer requested removal of Consent Agenda #9 in order to further discuss this item. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to remove items #3 and #9 as requested and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of April 1, 1996, as presented by the Clerk to the Board. Acceptance of Tax Collection Reports Through March 31, 1996 The Commissioners accepted the following Tax Collection Reports through March 31, 1996, as presented by the Collector of Revenue: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 328 New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 15. Acceptance of DWI Enforcement Grant Awarded to the Sheriff's Department and Approval of Associated Budget Amendment #96-0169 The Commissioners accepted a DWI Enforcement mini-grant in the amount of $10,000 for overtime incurred to work with alcohol impairment enforcement. The following Budget Amendment was approved reflecting that $8,500 of the funds received will be used for overtime pay and the remaining funds will be used to purchase two Alco Sensors and for publicity: Budget Amendment #96-0169 - Sheriff's Department Debit Credit Sheriff's Department DWI Overtime Grant $10,000 Sheriff's Salaries $ 8,500 Supplies 1,500 Purpose: To increase the budget for the grant award. Acceptance of Governor's Highway Safety Program Grant Award and Approval of Associated Budget Amendment #96-0168 - Sheriff's Department The Commissioners accepted a mini-grant in the amount of $1,889 from the Governor's Highway Safety Program and approved the associated Budget Amendment as listed below. The funds will be used to pay for overtime incurred to conduct checkpoints for seatbelt enforcement, child restraint enforcement, and motorcycle helmet laws. Budget Amendment #96-0168 - Sheriff's Department Debit Credit Sheriff's Department Overtime Grant $1,889 Sheriff's Department Salaries $1,755 FICA 134 Authorization for Final Payment of the Seaboard Group II De Micromis Settlement The Commissioners approved an agreement authorizing the final payment of the $1,000 for the Seaboard Group II De Micromis buy- out. The Seaboard Chemical Corporation in Jamestown, North Carolina, was the recipient of waste ether from the old Civil Defense Hospital that was stored in the basement of the Wilmington Police Department several years ago. The contractor, Enviro-Chem Waste Management Services, removed, neutralized, and then disposed of the ether residue at the Seaboard Chemical Corporation. Since New Hanover County was the generator of the waste, the site has become a Superfund site and the County is considered a Potentially Responsible Party (PRP). The County has been classified as a De Micromis PRP and has been offered a buy-out with a minimum payment of $1,000. The Chairman was authorized to execute the necessary documents. A copy of the agreement is on file in the Legal Department. Adoption of a Resolution Designating the Assistant County Manager as the Official to Coordinate ABC Permit Application Reviews The Commissioners adopted a resolution designating the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 329 Assistant County Manager to coordinate ABC permit application reviews as done for the past several years. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit XXIII, Page 15. Award of Bid #96-0372 and Contract #96-0372 to N. C. Equipment Company for the Purchase of a Backhoe for the Parks Department The Commissioners awarded the bid and contract to N. C. Equipment Company, the lowest responsible bidder, in the amount of $39,719 for the purchase of a backhoe for the Parks Department. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 15. Approval of Right-of-Way Agreement with the N. C. Department of Transportation - Frederickson Road The Commissioners granted the N. C. Department of Transportation (NCDOT) a 70-foot easement of County owned property on Frederickson Road. The easement was requested so the NCDOT could grade, stabilize and pave the road. The Chairman was authorized to execute the agreement. A copy of the agreement is on file in the Legal Department. Adoption of a Resolution of Intent to Close an Unnamed Road in the Crestwood Subdivision The Commissioners adopted a Resolution of Intent to close an unnamed road at the western terminus of Ashford Avenue in Crestwood Subdivision. The Public Hearing for the Board of County Commissioners to consider closing the street will be held on June 3, 1996, at 7:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. A copy of the Resolution of Intent is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 15. Reappointment of Nora Bednarczyk to Serve on the Nursing Home Community Advisory Committee The Commissioners reappointed Norma Bednarczyk to serve a three-year term on the Nursing Home Community Advisory Committee. The term will expire April 30, 1999. Approval of Budget Amendment #96-46 - Federal Forfeited Property - Sheriff's Department The Commissioners approved the following Budget Amendment: #96-46 Federal Forfeited Property Debit Credit Federal Forfeited Property Federal Forfeited Property $1,378 Federal Forfeited Property Supplies $1,378 Approval of Budget Amendment #96-0175 - Health Department The Commissioners approved the following Budget Amendment: 96-0175 Health Department/Environmental Health Debit Credit Health Department/Environmental Health Childhood Lead Poisoning $3,168 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 330 (Budget Amendment #96-0175 continued) Debit Credit Departmental Supplies $ 885 Capital Outlay $2,283 Purpose: To budget additional State revenue for a computer, software, and printer for the Childhood Lead Poisoning Program. APPROVAL OF CONSENT AGENDA ITEM #9, ACCEPTANCE OF THE NORTH CAROLINA STATE UNIVERSITY BLOCK GRANT TO THE NEW HANOVER COUNTY COOPERATIVE EXTENSION SERVICE FOR DAY CARE AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #96-0178 Chairman Greer reported the grant application was submitted for $15,000; however, the grant award was in the amount of $11,500 out of which only $566 was allocated for one teacher. The remaining funds were appropriated for a secretary, site director, assistant site director, and supplies, which in his opinion, did not make sense. He requested an explanation as to why the funds were being used for administrative costs instead of teachers for the children. Assistant County Manager, Dave Weaver, advised that all administrative positions were hands-on jobs with staff members working directly with the children, such as helping them with homework. County Manager O'Neal recommended taking no action on this item until further information could be furnished on how the funds would be used. Commissioner Sisson requested Staff to provide a job description of any funded positions in grant awards so the Board can be better informed on the use of the money when officially accepting the award. Commissioner Barone agreed and reported she was not opposed to accepting the grant award, but she would like more information on the program. Motion: After further discussion of the need to approve the grant award, Chairman Greer MOVED, SECONDED by Commissioner Sisson to accept the grant awarded by N. C. State University to the New Hanover County Cooperative Extension Service in the amount of $11,500 and approve the associated Budget Amendment as listed below. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #96-0178 - Cooperative Extension Debit Credit Cooperative Extension COOP/Block Grant $11,500 Salaries $ 8,662 FICA 663 Medical Insurance 230 Supplies 1,120 Training and Travel 825 PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards: Name Years of Service Julianne M. Griffin, Finance Department 5 Henry Chisholm, Print Shop 15 Betty Jo McCorkle, Health Department 15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 331 James S. Bethune, Tax Department 20 Ruth Jenkins, Tax Department 20 Chairman Greer, on behalf of the Board, presented the service awards and congratulated each employee for their years of dedicated service to New Hanover County. ADOPTION OF A PROCLAMATION DESIGNATING APRIL 21-27, 1996, AS "NATIONAL COUNTY GOVERNMENT WEEK" Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to adopt a proclamation designating the week of April 21-27, 1996, as "National County Government Week" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 15. ADOPTION OF A RESOLUTION RECOGNIZING PATRICIA J. RAYNOR, COLLECTOR OF REVENUE, FOR RECEIVING THE "TAX COLLECTOR OF THE YEAR" AWARD PRESENTED BY THE N. C. ASSOCIATION OF MUNICIPAL AND COUNTY TAX COLLECTORS County Manager, Allen O'Neal, reported that Patricia J. Raynor, Collector of Revenue for New Hanover County, was selected as the recipient of the "Tax Collector of the Year" award presented by the N. C. Association of Municipal and County Tax Collectors. He complimented Mrs. Raynor for receiving this honor and expressed appreciation to her for the exemplary job performed in serving as the Collector of Revenue for New Hanover County. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to adopt a resolution to recognize Mrs. Patricia J. Raynor for receiving this award. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer, on behalf of the Board, presented a resolution and expressed appreciation to Mrs. Raynor for this special recognition and her outstanding contributions to New Hanover County. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 15. ADOPTION OF A PROCLAMATION DESIGNATING THE WEEK OF APRIL 21-27, 1996, AS "RETIRED AND SENIOR VOLUNTEER WEEK" IN NEW HANOVER COUNTY Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt the proclamation designating the Week of April 21-27, 1996, as "Retired and Senior Volunteer Week" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 15. ADOPTION OF A PROCLAMATION DESIGNATING THE WEEK OF MAY 19-25, 1996, AS "EMERGENCY MEDICAL SERVICES WEEK" IN NEW HANOVER COUNTY Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt a proclamation designating the week of May 19-25, 1996, as "Emergency Medical Services Week" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 15. CONSIDERATION OF AMENDING CHAPTER 15, WATER SUPPLY SYSTEM, ARTICLE II, WASTEWATER COLLECTION AND TREATMENT OF THE NEW HANOVER COUNTY CODE - FIRST READING Assistant County Manager, Dave Weaver, reported at the March 18, 1996, meeting, the Board requested Staff to draft an amendment to the Water and Sewer Ordinance to charge a flat fee of $100 for NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 332 additions to single family residences. Currently, no fee is charged for additions. Staff initially proposed that additions be charged on a square footage basis ($.675/SF) in order to be consistent with the square footage charged for construction of a new residence. Administering a flat fee would be easier; however, this procedure could result in some inequities. Discussion was held on when the flat fee would be charged. Assistant County Manager Weaver advised that a fee would be charged only for the expansion of habitable living space on a single family residence. Unenclosed space (such as an addition of a deck) would not be charged a fee. Chairman Greer expressed concern for the amount of the fee and requested the Board to consider reducing the fee. Discussion was held on the revenue that would be generated from charging a $100 flat fee in lieu of the $.675 per square foot fee. Assistant County Manager Weaver reported the Finance Director of the Water & Sewer District had calculated the amount of revenue that would be generated from both options. It was found there was very little difference in the funds that would be collected. As to the administration of a fee, it would be easier for Staff to charge a flat fee. Commissioner Sisson asked if the flat fee was reduced and was not sufficient to cover the sewer service, what source of funding would be used to make up for the shortfall. Assistant County Manager Weaver explained that a $100 flat fee should be sufficient; however, if a funding shortfall should occur, the funds would be removed from the Water and Sewer fund balance. Chairman Greer, again, reiterated that he felt the proposed $100 flat fee should be reduced. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt an ordinance amending Chapter 15, Water Supply System, Article II, Wastewater Collection and Treatment, Section 15-124(d) to charge a flat fee of $100 for an addition to a single- family residence. Commissioner Caster stressed the importance of being sure that the fee was justified. Chairman Greer recommended reducing the flat fee to $60. Commissioner Barone stated, for the record, she did not vote for increasing the impact fee nor would she support charging a flat fee for additions to single family residences. Amended Motion: After further discussion, Vice-Chairman Mathews AMENDED THE MOTION, SECONDED by Commissioner Sisson to adopt an ordinance reducing the $100 flat fee to $60 for additions to single-family residences. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Caster Since the amendment did not receive a majority vote on the first reading, a second reading will be held on Monday, May 6, 1996. CONSIDERATION OF FUNDING REQUEST BY ELDERHAUS, INC. Ms. Linda Pearce, Executive Director of Elderhaus, Inc., presented a model of the proposed expansion and reported that NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 333 Elderhaus plans to add a 4,000 square foot service-specific designed building to its lake site facility. The City of Wilmington contributed the Greenfield Lake site facility and adjacent land for constructing the new center. The value of the City's contribution was $110,000. Elderhaus is seeking an additional $400,000 in contributions from corporations, foundations, and individuals. The Board of County Commissioners is being requested to make a one-time capital commitment in the amount of $200,000 to construct a permanent facility to house the Adult Day Care and Adult Health Services. Ms. Pearce advised that Elderhaus now serves over 217 residents of New Hanover County since opening its doors in 1981. The program has been cost-effective in assisting families with members who suffer from Alzheimer's Disease. These clients are able to remain home and be supported by the family fifteen (15) hours per day and spend up to nine (9) hours per day with the Elderhaus staff. The quality of life for the clients has been greatly enhanced, and the family members can continue to work outside the home. New Hanover County taxpayers have been saved a great deal of money through the services provided by Elderhaus because these clients are not in nursing homes or rest homes that require County reimbursement for Medicaid. County Manager O'Neal reported the projected savings to the County are as follows: FY 1995-96 - $60,000 FY 1996-97 - $56,000 FY 1997-98 - $84,000 Discussion was held on the total projected cost of the project and when construction would begin. Ms. Pearce advised that the projected cost was $650,000 and reported that construction would begin in the middle of the fall with completion of the expansion by the end of the next calendar year. Mr. Mark Alper, Chairman of the Funding Campaign for Elderhaus, Inc., reported he was involved with this project because his mother was a client. He commented on the many services offered by Elderhaus and reported his mother's quality of life was greatly enhanced by the care and love received at this facility. Discussion was held on the current funds in the County's contingency account. County Manager O'Neal reported contingencies started at $300,000 with only $53,000 remaining; therefore, the County's unappropriated fund balance would be used if the funding request was approved. Motion: After discussion of the money that will be saved by the County and the excellent services provided by Elderhaus, Vice- Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve funding in the amount of $60,000 for the first year; $56,000 for the second year; and $84,000 for the third year from the unappropriated fund balance. County Manager O'Neal explained that funding appropriations could not be obligated from the unappropriated fund balance for more than one year. The second and third year funding would have to be placed in the budget as an outside agency funding request, which would not ensure that future Boards would approve the desired funding. County Attorney Copley reported the County could enter into an outside agency contract with Elderhaus, Inc. that would commit to the funding over the stipulated period of time. Chairman Greer expressed concern for obligating future Boards to a funding commitment and recommended that funding be requested and approved on a year-by-year basis. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 334 Withdrawal of Motion: Vice-Chairman Mathews WITHDREW HIS MOTION and Commissioner Sisson WITHDREW THE SECOND TO THE MOTION. Motion: After discussion of being sure that Elderhaus receives the funding, Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve $200,000 from the current unappropriated fund balance. Chairman Greer expressed concern for the County funding approximately one-third of the expansion project and stated he could not support the motion. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Chairman Greer BREAK Chairman Greer called a break from 10:15 A.M. until 10:35 A.M. APPROVAL OF COMMUNITY BASED ALTERNATIVE (CBA) FUNDING RECOMMENDATIONS Budget Director, Cam Griffin, reported the Human Services Allocation Advisory Committee has made funding recommendations for the Community Based Alternatives (CBA) funding. She requested the Board to approve the CBA funding recommendations in order for applications to be forwarded to the State. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the CBA funding recommendations as presented and authorize the County Manager to sign the necessary forms so that applications can be forwarded to the State. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone DESIGNATION OF NEW HANOVER COUNTY AS THE LEAD AGENCY IN COORDINATING A PUBLIC-PRIVATE PARTNERSHIP TO MOVE FORWARD WITH THE PERMITTING PROCESS FOR A SHORT-TERM AND LONG-TERM SOLUTION TO THE EROSION PROBLEM AT MASON'S INLET Chairman Greer reported that Mason's Inlet continues to migrate rapidly to the south toward the Shell Island Resort and other properties. The Board has the option of doing nothing or performing a short-term solution followed by a long-term solution. The inlet could erode the foundation of the Shell Island Resort within the next twelve (12) months if no action is taken to control the erosion. After a review of the erosion problem, there is no inexpensive or simple solution. A short-term solution is needed within the next six to twelve months to slow down the erosion until a long-term solution can be developed. A short-term solution would involve dredging a new channel across the rapidly accreting sand spit extending from the south end of Figure Eight Island. The existing channel to the south would be closed by filling it with the sand dredged from the new channel. Temporary erosion control measures, such as sandbags, may be needed to protect the Shell Island Resort. Initial dredging would cost one to two million dollars with maintenance dredging every two years at a cost of one million dollars. Due to the severity of the erosion problem, it is hoped that obtaining permits for the short- term solution will take only a few months. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 335 A long-term solution may be to dredge the new channel as indicated under the short-term solution and extend this dredging to the west out of the old channel into the Atlantic Intracoastal Waterway. This project would cost several million dollars, and the environmental permitting process would take approximately two years. When meeting with various representatives from the different groups, it was the general consensus to return to their respective boards and discuss the possibility of a public-private partnership to implement short and long-term solutions. Also, it was concluded that New Hanover County should assume the lead role in moving forward with the permitting process. Commissioner Caster stated the Port, Waterway, and Beach Commission had discussed this matter but no decision was made. It appears no federal funds will be available for the project, and there is very little time left to save the Shell Island Resort. Commissioner Barone reported this was a difficult decision because in the past other beach communities had requested help with erosion problems and the County was unwilling to provide assistance. On the other hand, if nothing is done, the County will lose a valuable tax base, which was the primary purpose for establishing the beach renourishment fund. She commented on notification to the property owners in their deeds about the risks involved with the Shell Island Resort, and stated the only reason to consider the project was because of the need to protect the eroding shoreline to maintain the beach for tourism, which is the number one industry in the County. She emphasized the importance of the public understanding that all funding would come from the Room Occupancy Tax fund, not from the County's general fund. She, also, expressed concern for Mayor Herb McKim trying to change the current distribution of the Room Occupancy Tax and reported the current formula should remain unchanged. Commissioner Sisson stressed the importance of not favoring one beach community over another, and he recommended establishing strict guidelines as to how the County will respond to these types of requests in the future. He, also, emphasized the importance of maintaining adequate funds in the beach renourishment account to assist with cleanup from a major storm, and stated this was why the private parties involved should pay their fair share of the project cost. Also, if an argument should occur between Wrightsville Beach and Figure Eight Island, this matter should be handled by the two entities through the court system. Discussion was held on whether the County Attorney had actually seen any of the recorded deeds between the property owners and developers at the Shell Island Resort. County Attorney Copley responded she had not seen any signed documents; however, she had heard that the developers were aware of the conditions when applying for the permits to construct the Shell Island Resort. The question of whether or not the developers conveyed this information to the buyers is a legal issue between the purchasers and developers. Also, some of the original owners could have sold their properties with second and third owners not being aware of the risks involved when purchasing property at the Shell Island Resort. Vice-Chairman Mathews reported he felt that many of the property owners were aware of the risks involved; however, the proposed project would keep the County from losing a huge tax base as well as benefit the environment by flushing out some of the creeks that have been closed to shellfishing. Commissioner Sisson inquired as to whether any dollar figures had been discussed, and if so, a limit should be established on the funding participation by the County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 336 Chairman Greer responded that no figures had been discussed; however, he also felt the private parties should pay their fair share. County Attorney Copley reported the Board may wish to consider establishing a ratio that would be matched by the County for a certain number of dollars given by the other parties involved. Assistant County Manager Weaver reported a design plan must be prepared as the first step of the project. A qualified engineering consultant should be hired to perform this work. Chairman Greer advised that a ratio was not needed at this time since the County would be assuming the lead role which would not involve a large sum of money. He, again, emphasized the importance of moving forward with the permitting process and stated if the private parties want to begin this process without waiting for the County to go through the process of hiring a qualified engineer to perform the necessary design work, the Board should be willing to accept this offer. Commissioner Caster reported that after talking to many of the property owners at the Shell Island Resort, they were not aware of the risks involved when purchasing their properties. Also, many of the residents are not wealthy and they are concerned about losing their property. He reported he felt something should be done to avoid losing this end of the beach. Motion: After further discussion, Chairman Greer MOVED, SECONDED by Commissioner Sisson for the County to assume the lead role in a public-private partnership to attack the Mason's Inlet erosion problem, and authorize Staff to proceed with preparing a proposal for hiring a qualified engineering firm to perform design work with the contract being brought back to the Board for final approval. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION ON THE FUTCH CREEK WATERSHED PLAN The Assistant Planning Director, Patrick Lowe, reported the Futch Creek Watershed Plan was a working draft document that is now ready for review and consideration by the Planning Board and a community steering committee. The draft plan provides the basic framework for water quality protection and watershed management efforts. Valuable information has been gathered relative to the County's water quality, existing and projected land use data, land use plans, and development regulations. The Board is being requested to consider adoption of a resolution that will approve the following actions: (1)Appointment of members to a community steering committee comprised of residents of the Futch Creek Watershed to provide assistance to the Planning Board and work in conjunction with Staff, UNCW, and other designated or interested groups in completing the development of the Futch Creek Watershed Management Plan. A list of possible committee members that have expressed an interest in working on the plan has been included in the agenda packet. (2)Direct the Planning Board and Staff to complete the development of the Futch Creek Watershed Management Plan and provide a draft for consideration by the Board of County Commissioners within the date specified by the Board. (3)Direct Staff to pursue development of an interlocal agreement with Pender County for joint planning, protection, and sustainable development of the Futch Creek Watershed. Discussion was held on the success of the dredging project on the southern portion of Futch Creek. Assistant Planning Director Lowe advised that coliform counts had been reduced by 85% in portions of the creek by dredging only the southern channel. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 337 northern channel is being dredged and the results will be analyzed within the next few weeks. Chairman Greer advised that an official of the Coastal Resources Division had indicated that no exact determination had been made by the State on the scientific success of the dredging project on Futch Creek. Assistant Planning Director Lowe stated that scientists and other professionals involved in the dredging project feel that once State officials completely analyze the data, it will be concluded that the project was a success. Chairman Greer inquired as to whether the list of persons presented should be appointed to the community steering committee, or should the Board follow its regular appointment procedure. Assistant Planning Director Lowe advised that the committee would be active for only three to six months; therefore, the Board may wish to appoint the list of persons interested in serving on the committee. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the resolution as presented and appoint the interested individuals as presented on the list to serve as members of the community steering committee for development of the Futch Creek Watershed Plan. 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 XXIII, Page 15. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 11:11 A.M. until 11:46 A.M. to hold a Regular Meeting of the Water & Sewer District. ADDITIONAL ITEMS - COUNTY MANAGER Approval of Contract with Brock Contract Services for Carpet Replacement at the New Hanover County Public Library County Manager O'Neal reported three bids were received on March 18, 1996, for carpet replacement at the New Hanover County Library. Brock Contract Services was the low bidder at $155,939, and after negotiations with the company, the price was reduced to $152,250. He requested the Board to approve the negotiated contract. Commissioner Barone advised that she understood funding for the carpet replacement was available in the Library's existing budget, and she asked if this was correct? County Manager O'Neal stated this was correct. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to award the negotiated bid to Brock Contract Services, in the amount of $152,250 for carpet replacement at the New Hanover County Library. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Waiver of Land-Disturbing Activity Permit Fee for the Community Health Center County Manager O'Neal reported the Community Health Center has requested a waiver of the land-disturbing activity permit fee in the amount of $56.25. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 338 Commissioner Barone commented on the number of permits that will be needed and asked if the County would be asked to waive these fees? County Manager O'Neal reported he was not sure if additional waivers would be submitted; however, the budget for the Community Health Center was extremely tight. He commented on the City permits that would be required for the project and stated, perhaps, the City would waive those fees; however, he did not feel the City should expect reimbursement of the fees from the County. Commissioner Barone expressed concern for the County being asked to waive or pay for all permitting fees. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to waive the land-disturbing activity permit in the amount of $56.25 for the Community Health Center. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Joint Meeting Scheduled with the Airport Authority County Manager O'Neal advised that the Airport Authority would like to schedule a joint meeting with the Board of County Commissioners. He requested direction from the Board. Consensus: It was the consensus of the Board to schedule a joint meeting with the New Hanover County Airport Authority on Friday, May 10, 1996, at 7:30 A.M. in the Conference Room of Airport. Citizens Information Workshop Scheduled for April 16, 1996, from 5:00-8:00 P.M. Concerning the Wilmington Bypass County Manager O'Neal announced that a Citizens Information Workshop has been scheduled by the N. C. Department of Transportation from 5:00 P.M. to 8:00 P.M. at Laney High School to receive comments from concerned residents of the Wrightsboro area about the Central Alternative. Also, prior to the meeting, officials from the N. C. Department of Transportation and the Greiner study team will hold a briefing for interested elected officials from 3:00 P.M. to 4:00 P.M. Discussion of Sewage Spill at Hewlett's Creek County Manager O'Neal commented on the recent sewage spill and reported after meeting with the members of Staff, it was felt that the public should be better educated on how to recognize and report a spill. The Engineering Department and Assistant to the County Manager, Pat Melvin, are in the process of preparing information that will be mailed to sewer customers to help them recognize and immediately report any problems to the Engineering Department. There will be a small mailing cost involved; however, Staff feels a better informed public will save money in the future. Commissioner Barone asked if the County had been cited by the State for the sewage spill? Assistant County Manager Weaver reported State officials were pleased with the response by the County; however, no decision has been rendered as to whether the County will be cited. Request by the Wilmington City Council to Establish a City-County Ad Hoc Committee on Urban Growth County Manager O'Neal reported the Wilmington City Council adopted a resolution on April 2, 1996, requesting the following actions: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 339 (1)The Wilmington City Council and the New Hanover County Board of Commissioners schedule a joint Work Session to discuss the formation of an Ad Hoc Committee on Urban Growth to be composed of two representatives from each governing board, a City Staff Member, a County Staff Member, and a representative of the New Hanover County Board of Education. Subcommittees of the Ad Hoc Committee may include other City and County elected officials and representatives from other municipalities, counties, State agencies, and the Cape Fear Council of Governments. (2)The City Council and New Hanover County Board of Commissioners develop a plan to proceed with the development of a City- County Development Center to house the Planning, Engineering, Building Inspections, and Utility Administration Office of the two governments. (3)The City and County develop an infrastructure master plan to address water and sewer utility services, stormwater management programs, transportation planning, land use regulation, and the planning and financing of schools and other public facilities within the City and County. An interim process report should be presented by October 31, 1996. (4)The City and County seek any State funding that is available for regional planning and management projects to support the work of the Ad Hoc Committee and the development of the infrastructure master plan. (5)The Wilmington City Council adopted the Master Plan on November 10, 1995. (6)The City and County will develop schedules for the completion of the Unified Development Ordinance and the CAMA Land Use Plan Update. (7)The Wilmington City Council suspends consideration of all rezoning applications that have not been considered by the Planning Commission by April 17, 1996, and adopt an ordinance suspending consideration of Special Use Permit applications. Rezoning and Special Use Permit applications not considered by the Planning Commission by that date will not be considered by the Council until after October 31, 1996. Applications for rezoning and Special Use Permits submitted by the City may be considered by Council. The suspension will not apply to the South 17th Street study area. During this six-month period, Council and Staff can review the current Special use Permit process and consider other planning and zoning issues of concern to the Council, Planning Commission, and City Staff. (8)The City Council recommends that the New Hanover County Board of Commissioners also suspend the consideration of rezoning applications in a manner consistent with the City's suspension. Chairman Greer spoke in favor of establishing an Ad Hoc Committee and reported he did not feel a moratorium was necessary because the individual governing bodies could control projects through current zoning regulations on an as-needed basis. Discussion was held on the need for the County to review current zoning and rezoning regulations. Commissioner Sisson recommended more involvement by Staff when reviewing a plan for better management of future growth in the County. Motion: Chairman Greer MOVED, SECONDED by Commissioner Sisson to meet with the Wilmington City Council to establish a joint City/County Ad Hoc Committee to address growth in the City and County with a letter being written to the Mayor informing him of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 340 this action, and direct the Planning Department to become more involved in the development of a plan for better management of future growth in the County. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Barone, stated for the record, she could not support this motion because the County already has the necessary ordinances in place to manage growth. She expressed concern for the City trying to develop a cumbersome bureaucracy of ordinances that will be too restrictive and difficult to administer. Discussion of Request for Adopting a Proclamation to Designate April 24, 1996, as Armenian Remembrance Day in New Hanover County County Manager O'Neal requested direction from the Board regarding the request for a proclamation designating April 24, 1996, as Armenian Remembrance Day in New Hanover County. Chairman Greer requested more time to read the information presented before adopting a proclamation. Consensus: After further discussion, it was the consensus of the Board for Staff to draft a proclamation to be considered at the May 6, 1996, meeting. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE 1996 NEW HANOVER COUNTY BOARD OF EQUALIZATION AND REVIEW Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to convene from Regular Session to hold a meeting of the New Hanover County Board of Equalization and Review. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 12:10 P.M. Chairman Greer reconvened to Regular Session at 12:17 P.M. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Roof Failure for L. Schwartz Furniture Company Vice-Chairman Mathews expressed concern for the roof collapsing at L. Schwartz Furniture Company located on Market Street and stated some customers could have been critically injured. He recommended developing a policy to address this type of situation by imposing some type of fine or citation. Chairman Greer commented on the equipment that hangs from the ceiling during concerts at Trask Auditorium and requested Staff to be sure the equipment is secure so an accident will not occur that could injure a great deal of people. County Manager O'Neal responded he would be glad to check into this matter to see if some policy could be developed to address both issues. Concern for Two and Four-Wheel Power Driven Vehicles in the Azalea Festival Parade Vice-Chairman Mathews expressed concern for the two and four- wheel power driven vehicles used during the Azalea Festival Parade and reported eventually a child or person viewing the parade on the street curb will be injured if some type of policy is not developed to better manage these vehicles. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 341 County Manager O'Neal advised that he would contact the Sheriff about these vehicles and report back to the Board. Discussion on the Increase of Crime in the County Vice-Chairman Mathews noted that crime increases as the County continues to grow. He commented on the lack of manpower in the Sheriff's Department and recommended a review of the number of deputies by Staff during the budget process. Report on Meeting in Raleigh Regarding the Annexation Laws Commissioner Barone reported on attending the meeting held in Raleigh regarding amendments to the current State law governing annexation by municipalities. She expressed concern for unnecessary annexations by municipalities and stated if the City of Wilmington had focused on recruiting new businesses to locate in vacant buildings within the City limits, the City's tax base would have increased and there would have been no need to annex such large areas of the County. She emphasized the importance of changing the current annexation law to better protect areas in counties that already have the necessary infrastructure in place. Commissioner Barone commented on the proposed State school bond referendum and reminded the Board that every dollar leaving New Hanover County would be used to pay for constructing schools in other counties because of the State distribution formula, which is based upon poorer counties receiving more funding than wealthier counties. Discussion of the I-40 Executive Committee Commissioner Caster commented on the letter of resignation received from Mr. John B. Horne, a member of the I-40 Committee, and asked if this committee was accomplishing any worthwhile purpose. He stated, if not, the Committee should be dissolved. Commissioner Barone reported that Mr. Horne was upset because he had not been able to accomplish some of his goals; therefore, she felt the Board should hear a report from the I-40 Committee before taking any action. Consensus: It was the consensus of the Board to request the Chairperson of the I-40 Committee to report on the activities of the committee at the next meeting. Discussion of Cooperative Extension Service "Planning Survey" Commissioner Caster commented on the Planning Survey being conducted by the New Hanover County Cooperative Extension Service and expressed concern for items such as child care, waste management, crime, etc. being referenced in the survey. Commissioner Sisson explained that Cooperative Extension offices in rural counties serve as the lead agency to provide many services that are not needed in more urban counties; therefore, the State survey was written to address both small and large counties. County Manager O'Neal responded the form was prepared by the N. C. Cooperative Extension Service office to gain a broad response from the communities throughout the State so that programs can be tailored to meet community needs. He reported the New Hanover County Extension Service primarily was involved with the Arboretum, urban gardening, and turf grasses. Discussion of Legislative Packet Chairman Greer advised that a letter was received from the County Manager of Stokes County requesting all counties to work with their local legislative delegations to amend G.S. 7A-647(3), which allows the court to order counties to pay for medical treatment for juvenile offenders regardless of the cost or length of treatment. He requested the Board to support an amendment and include this request in the legislative packet to be presented to the local legislators on April 29, 1996. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, APRIL 15, 1996PAGE 342 After discussion, the County Attorney was directed to place this item in the legislative packet. Commissioner Barone requested the County Attorney to explain the local bill pertaining to audits of outside agencies. County Attorney Copley advised that outside agencies receiving $2,000 or more would be required to provide an audit to the County. Also, the bill would remove the current audit exemption for Volunteer Fire Departments and Volunteer Rescue Squads. Commissioner Barone strongly objected to removing the audit exemption for Volunteer Fire Departments and Volunteer Rescue Squads. Announcement of Eastern North Carolina County Council Meeting Chairman Greer advised that a letter was received from Mr. H. L. Sorrell, Jr., Chairman of the Eastern North Carolina County Council inviting the Commissioners to attend the 1996 Legislative Rally to be held on November 15-17, 1996. He reported the County Council was composed of County Commissioners and County Managers in eastern North Carolina to determine the needs of eastern North Carolina and meet with the eastern legislative representatives and senators in an informal setting to discuss issues facing this region. After discussion, Chairman Greer requested the Clerk to make copies of the letter for the Commissioners so they could decide if they wanted to attend. ADJOURNMENT Chairman Greer adjourned the meeting at 1:50 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board