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1996-05-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 349 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 6, 1996, at 6:30 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 and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Deputy County Manager, Andrew J. Atkinson, gave the invocation. Commissioner Caster 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. Request to Dock a Sherman Class Destroyer on the Spoil Dredge Site Owned by New Hanover County Attorney George Rountree, III, representing Sigma Recycling, LLC, an operator of a shipcrafting business on the Cape Fear River, requested the Board to consider allowing his client to berth a Sherman class destroyer on the river at the spoil site owned by New Hanover County. Due to a dispute with the N. C. Department of Environment, Health & Natural Resources about the duration of the committed period of time at anchor, all seven vessels have been removed from their position at the confluent of the Brunswick and Cape Fear Rivers. Sigma Recycling, LLC has complied to the State's request and needs additional space to berth the remaining vessel which would encroach on County owned property by no more than 300 feet. Attorney Rountree advised that an agreement had been delivered to County Attorney Copley that would fully indemnity the County and allow for termination of the agreement within seven (7) days. He requested the Board to consider approval of the agreement to allow the vessel to be berthed on the spoil site in order to help this company remain in business. Chairman Greer inquired as to how far the vessel would encroach on County owned property? Attorney Rountree responded no more than 300 feet; however, it might be possible to berth the vessel with use of only 100-150 feet of County owned property. Vice-Chairman Mathews requested more time to consider the agreement since the company has a less than spotless record involving environmental issues. Commissioner Barone asked if any risks could be incurred by the County with the vessel docked on County owned property? Assistant County Manager, Dave Weaver, reported there are concerns relative to mooring the vessel on the site. For example, if the vessel should sink or bankruptcy should occur with Sigma Recycling, LLC who would remove the vessel? If the Board decides to enter into an agreement with Sigma Recycling, LLC, a performance NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 350 bond should be required to ensure that funds will be available to remove the vessel. Further discussion was held on the need for the members of the Board to thoroughly review the agreement. Attorney Rountree advised that postponing action until the next meeting would be acceptable to Sigma Recycling, LLC. Consensus: It was the consensus of the Board to defer action on approval of the proposed agreement until May 20, 1996. Discussion of Proposed Contract for Collection of Child Support Payments Mr. Wayne Loftin, President/CEO of PDS Investigations and Security, expressed concern for the recommended award of a contract to a collections firm in Michigan for the collection of child support payments for the Department of Social Services. He referenced a newspaper article in the local paper stating that PDS Investigations and Security had submitted a bid after the County's deadline and that no document had been previously submitted. He reported that he and members of his firm had met with Chairman Greer and members of the Board of Social Services in 1993. At that time, he expressed a desire and interest in implementing this program in New Hanover County because he was preparing a program for Governor Jim Hunt. Also, he met with the Director of Social Services, Wayne Morris, about the program. Mr. Loftin strongly objected to being dismissed and appearing professionally delinquent or irresponsible when the firm was involved in implementing a collections program for New Hanover County in 1993. He requested the Board to redress the bidding process with investigation into how the notification process was handled to understand why so many local firms were not aware of the bid and a company in Michigan was being considered. Chairman Greer expressed appreciation for the comments and stated he did discuss this matter with Mr. Loftin. He expressed concern for PDS Investigations and Security not being notified of the bidding process and requested the Board to withdraw the bid and re-bid the contract. Commissioner Barone advised that hiring a private contractor to collect child support payments had been discussed several times during Staff meetings. Also, there appears to be some misconception on behalf of Staff because the contract refers to privatizing only "delinquent child support collections"; whereas, the minutes of June 19, 1995, clearly state that the contract would be for privatizing "all child support collections". Chairman Greer reported since the bid award was on the Consent Agenda, he would remove this item when approving the Consent Agenda and vote on this issue separately in order to rebid the contract. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Consent Agenda Item #9 from the Consent Agenda so this item could be voted upon separately. He advised the Board that the Department of Social Services proceeded with submitting a request for bids and PDS Security and Investigations was not included in the process; therefore, he felt the bids received should be rejected and the contract rebid. County Manager O'Neal advised that County Staff had followed the correct advertising and formal bidding process as outlined under State Statutes. Chairman Greer responded that he was sure Staff followed the proper procedure; however, he did not feel David M. Griffith & NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 351 Associates, Ltd. or the National Child Support Center read the ad in the Star-News. Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone to reject all bids received and rebid the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Barone commented on Consent Agenda Item #11-C regarding the CP&L Intervention Program and requested an explanation of why CP&L was involved with the Child Day Care Program. Director of Social Services, Wayne Morris, reported the Budget Amendment was for two separate issues: (1) to budget additional State funds for the Child Day Care Services program; and (2) to budget money for the CP&L Intervention Program which provides heating assistance to needy people. Commissioner Barone expressed appreciation to Director Morris for the explanation and stated she did not realize that two separate items were included in the Budget Amendment. Chairman Greer inquired about Consent Agenda Item #6, the Department of Aging contract with Newbold's Carolina Seafood in Richlands, North Carolina, and requested an explanation as to why this contract could not be provided and prepared by a local firm since there was very little difference in the bid prices received. Purchasing Agent, Amy Akin, reported the County will save $11,710 per year by accepting the lowest bid. Also, the food is prepared in the kitchen at the Senior Center, not in Richlands, North Carolina, with company personnel living in Wilmington. Discussion of Consent Agenda Item #2, a Proposal to Change the County Medical Insurance Plan to the MedPoint Plan Offered by Blue Cross Blue Shield of North Carolina Commissioner Barone reported she had received numerous calls from County employees about the proposed change in the medical insurance plan. She requested postponing this item so additional time could be given to thoroughly review the plan. County Manager O'Neal reported in an effort to slow down the increasing rates for health insurance, the Human Resources Department had worked many hours to find a plan that would save money and provide quality medical care to the employees through the Blue Cross Blue Shield MedPoint Plan. He commented on the tendency toward managed care in the insurance industry and stated the County would save a great deal of money under the new plan. Director of Human Resources, Andre' Mallette, reported the County now provides two plans: (1) a comprehensive and major medical plan; and (2) a PCP Managed Care Plan. Due to a continuing increase in the County's portion for medical insurance, from $3,000,000 to $5,300,000 in 1995, management felt this cost had to be reduced. The MedPoint Plan is a point of service product, and every employee must select a doctor as a personal care physician. However, the employee can change to another personal care physician if so desired. Also, the employee can go out of the network and select a doctor of his or her choice with the insurance coverage paying 70% and the employee paying 30% of the services provided with a $300 deductible and $3,000 out-of-pocket expense before the plan pays 100%. Commissioner Sisson strongly objected to the insurance industry forcing employees into managed care, and he asked if this item could be postponed for further study of the plan. Human Resources Director Mallette reported that all employees would have to be enrolled before June 1, 1996, in order to implement the new program. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 352 A lengthy discussion was held on the change in the plan and the orientation meetings that must be attended by the employees in order to receive medical insurance coverage. Vice-Chairman Mathews inquired as to how the plan was being received by a majority of the employees. County Manager O'Neal reported generally the plan has been received well with the exception of one or two departments. Commissioner Barone stated, for the record, she would like to be assured that the employees can change doctors and still receive medical coverage. Human Resources Director Mallette responded the employees can change doctors as often as desired. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to change the County Medical Insurance Plan to the MedPoint Plan offered by Blue Cross Blue Shield contingent upon employees being able to change their primary care doctors, if desired, or select a doctor out of the network and pay more for the medical services rendered. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the Consent Agenda with removal of Item #2 and Item #9. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of April 15, 1996, as presented by the Clerk to the Board. Adoption of Resolution to Reject the Office Furniture Bid #96-0309 for the Department of Social Services (DSS) The Commissioners adopted a resolution to reject the open panel office furniture system for the DSS expansion. In an attempt to save money, Staff investigated the use of refurbished panel systems and has requested authority to reject the bid and re-bid the project. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 16. Authorization to File the FY 1996-97 Alternatives to Detention Grant Application The Commissioners authorized the Chairman to execute the FY 1996-97 Alternatives to Detention grant application to provide an alternative to secure detention for selected juveniles. The juveniles will be allowed to remain in the community, but must abide by certain specific conditions. During this time, the program will provide early intervention during crisis periods while awaiting the court hearing. No County funds are required. Adoption of Resolution for the Sale of Surplus Property Owned by New Hanover County The Commissioners adopted a resolution to accept an offer for the sale of surplus property owned by New Hanover County identified as follows: Parcel Number Address Amount of Offer 079-00-003-015.000 6235 Carolina Beach Road $2,000 Offerer: Gerald L. Miressi, Sr. Ad Valorem Tax Value 6241 Carolina Beach Road $2,000 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 16. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 353 Adoption of Resolution to Award the FY 1996-97 Nutrition Services Contract for the Department of Aging to Newbold's Carolina Seafood & BBQ, Inc. - Bid #96-0304 The Commissioners adopted a resolution awarding the FY 1996-97 nutrition services contract for the congregate and home-delivered meals program at the Department of Aging to Newbold's Carolina Seafood & BBQ, Inc., the lowest bidder, at the following prices per meal: $2.05 on days when less than 500 meals are prepared; $2.04 on days when 500 or more meals are prepared; and $2.03 on days when 600 meals or more are prepared. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 16. Acceptance of Home and Community Care Block Grant for FY 1996-97 for the Department of Aging The Commissioners accepted $434,863 in Home and Community Care Block grant monies for FY 1996-97, which is an increase of $9,948 over the funds received in FY 1995-96. The Chairman was authorized to execute the necessary documents. The grant funds will be used as follows: Transportation $ 40,998 Home Delivered Meals 70,638 Congregate Nutrition 79,561 Information & Case Assistance 30,208 Senior Center Operations 24,185 Care Management 39,974 In-Home Services 105,093 Adult Day Care 44,206 Total $434,863 Adoption of Resolutions Adding Roads to the State Highway System The Commissioners adopted the following resolutions to add roads to the State Highway System: King Arthur Drive Churchill Estates, Sections 1 and 6-D NorthChase Development Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 16. Renewal of Interim Assistance Program Contract for the Department of Social Services The Commissioners renewed the Interim Assistance Program contract for the Department of Social Services to recoup funds paid on behalf of Supplemental Security Income applicants during the period in which the SSI application is being processed. The Department usually recoups approximately $7,000 to $8,000 per year. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Approval of Budget Amendment #96-49 - Sheriff's Department The Commissioners approved the following Budget Amendment: 96-49 Controlled Substance Tax Debit Credit Controlled Substance Tax Controlled Substance Tax $1,391 Controlled Substance Tax Supplies $1,391 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 354 Purpose: To increase the budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #96-0188 - Human Services Transportation The Commissioners approved the following Budget Amendment: 96-0188 Human Services Transportation Debit Credit Human Services Transportation Contact Services $2,007 Human Services Transportation Travel $2,007 Purpose: To adjust the budget due to the requirement of additional travel expenses for the Assistant to the County Manager as a result of participation in the Transit 2001 Program. The Budget Amendment would normally not require Board approval; however, the N. C. Department of Transportation requires approval of the Budget Amendment by the Board of County Commissioners. Approval of Budget Amendment #96-0190 - Social Services/Administration - Department of Social Services The Commissioners approved the following Budget Amendment: #96-0190 - Social Services/Administration - Department of Social Services Debit Credit DSS/Administration Administrative Grants $6,690 DSS/Child Day Care Office of Day Care $5,863 Day Care Services $5,863 DSS/CP&L Intervention Program Assistance Payments $6,690 Purpose: To budget State funds for the Child Day Care Services Program and the CP&L Intervention Program. No additional County funds are required. Approval of Budget Amendment #96-0191 - Sheriff's Department/ Administration The Commissioners approved the following Budget Amendment: 96-0191 Sheriff's Department/Administration Debit Credit Sheriff's Department/Administration Other $5,000 Departmental Supplies $5,000 Purpose: To budget $5,000 received as restitution from a defendant for travel expenses incurred by the Sheriff's Department while conducting an investigation. Approval of Budget Amendment #96-0192 - Aging/Senior Center The Commissioners approved the following Budget Amendment: 96-0192 Aging/Senior Center Debit Credit Aging/Senior Center Other $5,740 Capital Outlay $5,740 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 355 Purpose: To budget insurance proceeds for the replacement purchase of two pianos at the Senior Center. Approval of Budget Amendment #96-0193 Vehicle Management - New Hanover County Garage The Commissioners approved the following Budget Amendment: 96-0193 - Vehicle Management Debit Credit Vehicle Management Garage Charges $100,000 Purchases for Inventory $100,000 Purpose: To budget additional revenue/garage charges to offset the greater than anticipated repairs required on County vehicles during this fiscal year. Approval of Budget Amendment #96-0194 - Register of Deeds The Commissioners approved the following Budget Amendment: 96-0194 - Register of Deeds Debit Credit Register of Deeds Other $ 4,535 Real Property Transfer Tax $12,000 Capital Outlay $16,535 Purpose: To budget insurance proceeds for replacing and repairing equipment damaged during a break in, and budget greater than anticipated revenues to automate the Vital Records Division to more efficiently serve the public. Approval of Budget Amendment #96-0197 - Sheriff's Department/ Administration The Commissioners approved the following Budget Amendment: 96-0197 - Sheriff's Department/Administration Debit Credit Sheriff's Department/Administration Other $500 Departmental Supplies $500 Purpose: To budget a contribution from the Loyal Order of Moose to the Sheriff's Department for the D.A.R.E. Program. ADOPTION OF PROCLAMATION DESIGNATING APRIL 24, 1996, AS "ARMENIAN MARTYRS DAY" IN NEW HANOVER COUNTY Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt the revised proclamation designating April 24, 1996, as "Armenian Martyrs Day" 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 16. ADOPTION OF PROCLAMATION HONORING FOSTER PARENTS Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt a proclamation designating the month of May, 1996, as "Foster Parent Appreciation Month" 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 16. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 356 APPOINTMENT OF COMMISSIONER CASTER TO SERVE ON THE CAPE FEAR COMMUNITY COLLEGE LONG-RANGE PLANNING COMMITTEE Chairman Greer reported the Cape Fear Community College Board of Trustees had established a Long-Range Planning Committee to analyze the needs of the college and prepare a plan through 2025. He stated the Board of Trustees had requested one County Commissioner serve on the committee, and he asked if any member of the Board would like to serve? Commissioner Caster stated he would be glad to serve on the Committee. Consensus: It was the consensus of the Board to appoint Commissioner Caster to serve on the Cape Fear Community College Long-Range Planning Committee. AUTHORIZATION FOR STAFF TO PROCEED WITH THE PURCHASE OF 1.2 ACRES OF PROPERTY ADJOINING THE 700 NORTH FRONT STREET PROPERTY FOR CAPE FEAR COMMUNITY COLLEGE AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #96-0201 County Manager O'Neal reported that Mr. David Weil and DeWayne Anderson have indicated a desire to sell 1.2 acres of property that adjoins the parcel at 700 North Front Street acquired by the County in 1995 for Cape Fear Community College. The County can purchase the property at its tax value of $42,000, and the site is environmentally clean. He asked if the Board would like for Staff to proceed with acquiring the property. Chairman Greer requested an explanation on the configuration of the lot, and asked why the entire parcel was not purchased when the 700 North Front Street property was acquired? Dr. Eric McKeithan, President of Cape Fear Community College, stated the strange configuration of the lot was due to the Third Street Bridge. He reported the owner did not offer the adjacent property when the 700 North Front Street parcel was purchased. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to authorize Staff to move forward with purchasing 1.2 acres of property adjoining the 700 North Front Street property in the amount of $42,000 for Cape Fear Community College and approve the associated Budget Amendment as listed below. Upon vote, the MOTION CARRIED UNANIMOUSLY. #96-0201 - Commissioners' Office/Cape Fear Community College Debit Credit Commissioners' Office Appropriated Fund Balance $43,000 Cape Fear Community College Land Costs $43,000 Purpose: To appropriate fund balance to purchase land for Cape Fear Community College and for related closing costs. DISCUSSION OF SITES AVAILABLE FOR CONSTRUCTION OF THE MIDDLE/HIGH SCHOOL COMPLEX Mr. Bill Hance, Assistant Superintendent of Schools reported the County has an opportunity to consider the following sites for the location of a future Middle/High School Complex. Site #1 - Efird Property: This site, referred to as the fairgrounds, is located on Carolina Beach Road adjacent to the new South Central Elementary School. The parcel is 100 plus acres at an estimated value of $4,500,000 based on $45,000 per acre. After a thorough analysis of the site under a rating system prepared by the School Administration, this site received the highest number of points (86) because of its shape and depth, road frontage, and access to utilities. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 357 Site #2 - Sobol Property: This site is located south of Monkey Junction, between Lobos Lane and Grand Champion Road, west of Highway 421. The parcel is 100 plus acres at an estimated value of $3,750,000 based on $37,500 per acre. After a thorough analysis of the site under a rating system prepared by the School Administration, this site received the second highest number of points (62) because it is limited by its shape, configuration, access to utilities, and lack of road frontage. Site #3 - American Crane Property: This site is located adjacent to the J. C. Roe Elementary School, bordered on the west by the River Road, on the south by Seaboard Coastline Railroad, Raleigh Street, Vance Street, and Worth Drive which dead ends into the site. The parcel is 180 plus acres at an estimated cost of $3,240,000 to $3,600,000 based on $18,000 to $20,000 per acre. After a thorough analysis of the site under a rating system by the School Administration, this site received the third highest number of points (58) because it is located in an industrial area which could become a serious long-term safety concern. The site has all utilities, road access, and its shape and depth are adequate. Commissioner Barone expressed concern for taking action on this item before the Board of Education had met and selected a preferred site. She, also, advised that the consultant hired to prepare a proposal on the preferred location had recommended placement of the Middle/High School Complex south of Monkey Junction. County Manager O'Neal reported it was difficult to find large parcels of land south of Monkey Junction because of wetlands. Mr. Philip T. Triece, representing Dr. Sobol, the property owner of Site 2, reported some statements in the analysis performed by the School Administration were misleading. He presented the following information: (1)The Sobol property will have sewer on the site within 12 to 18 months, long before a school can be constructed. (2)The site has ample land to provide over 100 acres excluding any wetlands. The small area indicated on a zoning map as possible wetlands can be avoided, but it is likely that a survey of the land will reflect that the area of wetlands, if any, has been overstated. (3)The site is located between Monkey Junction and Snows Cut, the area where the redistricting consultant indicated the new school should be located. It is approximately three miles north of the Myrtle Grove Road intersection. (4)The most significant item of uncertainty impacting Site 2 is the availability of water. Currently, water systems of Beau Rivage and Dobo can provide water service with the property owner paying for the cost of the lines and a well to increase capacity. It appears that the City of Wilmington will purchase the Dobo system. Mr. Triece reported it would be a mistake to take action on a site until further study has been made of the Sobol property. Mr. Hance advised that a major concern with Site 2 was the lack of water availability. He reported sufficient water pressure would have to be provided to accommodate the school, auditorium and fire hydrants. Motion: After discussion, Commissioner Caster MOVED, SECONDED by Commissioner Sisson to continue this item until May 20, 1996, in order to review the information presented by Mr. Triece and allow the Board of Education to select a preferred site. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 358 BREAK Chairman Greer called a break from 8:25 P.M. until 8:45 P.M. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 15, WATER SUPPLY SYSTEM, ARTICLE II, WASTEWATER COLLECTION AND TREATMENT OF THE NEW HANOVER COUNTY CODE Chairman Greer reported this was the second reading of an amendment to the Water and Sewer Ordinance to charge a flat fee of $60 instead of $100 for additions to single family residences. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the amendment to Chapter 15, Water Supply System, Article II, Wastewater Collection and Treatment of the New Hanover County Code, to charge a flat fee of $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 A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 16. The ordinance will be codified into the New Hanover County Code. DISCUSSION OF DEVELOPING A "LAND MANAGEMENT AND DEVELOPMENT SERVICES CENTER" WITH THE CITY OF WILMINGTON County Manager O'Neal reported the City of Wilmington sold the WLI Building to the First Baptist Church and is in the process of relocating its Planning Department. He advised that discussion had occurred between the two governing bodies about developing a Land Management and Development Services Center with placement of both City and County Planning Departments, Engineering Departments, and the County Inspections Department in one building. County Manager O'Neal commented on the County needs that must be addressed in the FY 1996-97 Budget and stated the County does not have to move forward with this concept at this time since the County Planning Department, Inspections Department, and Engineering Department are already located in one building. Chairman Greer requested the Board to make a decision so the City will know how to proceed with its plans. Commissioner Sisson stated he was in favor of having one location for these services; however, he felt the City and County Planning Departments should be merged to provide more efficient services to the public, which should save money for both governments. Also, without a merger, the County should take time to perform a thorough study of the cost involved since the County departments are already in one location. Commissioner Caster reported he agreed with the concept if the long-range plan is to merge the City and County Planning Departments. Discussion was held on the cost involved with constructing a new building. It was generally agreed that all efforts should be made to locate a vacant building that would house and provide ample parking for a Land Management Development Center. Motion: After further discussion, Commissioner Sisson MOVED to support the project contingent upon not constructing a new building. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. Motion: Vice-Chairman Mathews reported due to the number of needs facing the County in the FY 1996-97 Budget and the fact that County services are already in one location, he would MOVE NOT TO PROCEED NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 359 with this project at this time. The MOTION WAS SECONDED by Commissioner Barone. Commissioner Caster expressed concern for not moving forward with the project because, in his opinion, merging services will be the trend of the future for New Hanover County and the City of Wilmington. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Caster Commissioner Sisson REZONING APPLICATION WITHDRAWN TO CONSIDER REZONING APPROXIMATELY 15 ACRES AT THE SOUTHEAST CORNER OF GREENVILLE LOOP ROAD TO CONDITIONAL USE B-2 BUSINESS FOR A SHOPPING CENTER FROM R-15 RESIDENTIAL AND B-2 BUSINESS Chairman Greer announced that a letter had been received on May 3, 1996, from the petitioner, Robert R. Johnson, withdrawing the rezoning application. He stated, for the record, the application cannot be resubmitted for at least twelve months. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A 150 FOOT CELLULAR COMMUNICATIONS TOWER AND SUPPORT BUILDING AT 5519 CAROLINA BEACH ROAD (S-393, 4/96) Chairman Greer opened the Public Hearing and reported the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Scott B. Smith Rick I. Sherwood Planning Director, Dexter Hayes, reported the Planning Board voted six to zero to recommend approval of the tower with the following conditions to ensure tower safety, maintenance, and collocation opportunities: (1)The tower must be constructed to federal safety standards concerning wind loading. (2)Two off-street parking spaces must be provided. (3)The tower must be designed to accommodate collocation. Planning Director Hayes presented the following preliminary Staff findings: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: (1)The site requires no water and sewer services. (2)The site has direct access to Carolina Beach Road. (3)The site is located in the Myrtle Grove Volunteer Fire Department District. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 360 (1)Communication towers and related structures are permitted by Special Use Permit in the B-2 Business District. The property is zoned B-2. (2)Except for general setbacks, the Ordinance does not impose any special setback measures. (3)The site plan depicts one off-street parking space that will be provided. Zoning Enforcement has routinely required that these facilities provide for off-street parking. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: (1)The site and surrounding properties are zoned B-2 Highway Business, which permits a wide range of retail uses, commercial services, offices, warehousing, and related uses. General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: (1)There is a wide range of commercial land uses in the area. A large shopping center is located to the east. Other uses located nearby include fast food, dry cleaning, banking, fuel sales facilities, and miscellaneous retail. (2)An existing communications tower is located across the highway to the northwest. Chairman Greer asked if the petitioner would like to speak. Mr. Scott B. Smith, the Administrator Site Consultant for GTE Mobilnet, presented a brochure providing additional information on the site and reported the site will provide optimum service to an area in need of cellular service. The vertical antenna is aesthetically neutral, enhanced for collocation opportunities, and will utilize the latest technology. Photographs were presented showing how the tower will look aesthetically with trees left on the site to better buffer the adjoining properties. After discussion with adjacent property owners, there was little opposition to construction of the tower on the site. Chairman Greer asked if the petitioner concurred with the conditions recommended by the Planning Board and the Staff findings as presented by the Planning Director. Mr. Smith agreed with the conditions and findings as presented. Commissioner Sisson inquired as to whether the windload factor was sufficient to withstand severe weather? Mr. Rick I. Sherwood, representing GTE Mobilnet, reported the windload factor was 110 miles per hour with the standard being 105 miles per hour for Wilmington, North Carolina. He reported during Hurricane Hugo, the towers did not collapse. Chairman Greer asked if anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to grant a Special Use Permit to GTE Mobilnet contingent upon the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 361 tower being constructed to federal safety standards concerning wind loading, the provision of two off-street parking spaces, and the tower must accommodate collocation based upon the evidence presented concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity, and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. 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 17. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A CHILD DAY CARE CENTER AT 6640 GORDON ROAD (S-394, 4/96) Chairman Greer opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Jim Hall Planning Director, Dexter Hayes, reported the Planning Board voted four to two to recommend approval of the application as submitted. The members who voted in opposition felt approval of the use would jeopardize public safety because of traffic congestion already in the area, especially at peak travel periods. The establishment of a child day care center would only intensify the existing traffic on Gordon Road. Planning Director Hayes presented the following Staff findings: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: (1)The facility will be served by County sewer and community water. (2)The site has direct frontage along Gordon Road. (3)The site is located in the Ogden Volunteer Fire Department District. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (1)Child day care is permitted by Special Use Permit in the I-l Light Industrial District. The site is zoned I-1. (2)The applicant has submitted a site plan illustrating the approximate building size, the building's total service capacity, off-street parking, setbacks, outside play areas and signage. (3)The facility would be designed so that children may be dropped off or picked up without having to back into the adjoining road. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 362 General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: (1)Adjoining property is zoned for industrial uses. A new elementary school is under construction across the street, and the land is zoned R-15. General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: (1)There is a wide range of land uses in the general area which includes commercial and business services, offices, an industrial supply company, apartments, and an elementary school under construction. Chairman Greer asked if the petitioner would like to comment? Mr. Jim Hall, the petitioner, reported he had been in the business of operating child day care centers since 1975. He commented on peak hours for drop-offs from 6:30 A.M. until 9:00 A.M. and from 3:30 P.M. until 6:00 P.M. which, in his opinion, would not greatly impact the existing traffic on Gordon Road. He reported the small parcel adjacent to the site would be used for access to the Day Care Center. Chairman Greer asked Mr. Hall if he concurred with the Staff findings as presented by the Planning Director? Mr. Hall agreed with the findings as presented. Chairman Greer asked if anyone from the public would like to comment? No remarks were received. Chairman Greer closed the Public Hearing. Commissioner Sisson expressed concern for the proposed use generating more traffic and stated the Department of Transportation cannot continue to ignore the traffic problem on Gordon Road. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to grant the Special Use Permit based upon the evidence presented concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. 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 17. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR ESTABLISHING AN IN-HOME CHILD DAY CARE SERVICE FOR UP TO TWELVE CHILDREN AT 4609 MIDDLESEX ROAD IN KINGS GRANT SUBDIVISION (S-395, 4/96) Chairman Greer opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 363 The following persons were sworn in: Dexter Hayes Sonya Spencer Planning Director, Dexter Hayes, reported the Planning Board voted six to zero to recommend approval of the application with the following conditions: (1)The play area in the back yard must be enclosed with a six (6) foot high wooden fence. (2)A circular drive must be installed to accommodate pick-ups and drop-offs. (3)Off-street parking must be provided as per the Zoning Ordinance. Planning Director Hayes presented the following Staff findings: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: (1)The service will be conducted in an existing dwelling, which is already served by adequate water and sewer. (2)The site has direct access to a public street. (3)The site is located in the Winter Park Volunteer Fire Department District. (4)The existing dwelling meets design standards imposed by State day care rules. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (1)Child day care is permitted by a Special Use Permit in residential districts. The site is zoned R-10 Residential. (2)Adequate area is available on the site to accommodate off- street parking. (3)The applicant plans to construct a circular driveway so that drop-offs and pick-ups can be made without backing into the street. (4)A fenced play area will be provided in the back yard of the site. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: (1)The service will be provided in an existing residential structure. No exterior alterations are planned. (2)There are numerous in-home child day care operations in the County. No evidence has been presented to suggest that these operations diminish property values. General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 364 development for New Hanover County based upon the following findings: (1)There are several similar facilities scattered throughout the Kings Grant and Crestwood neighborhoods. (2)The service will be provided in an existing dwelling, which is similar in style to nearby and adjacent residences. Chairman Greer asked the petitioner if she would like to speak? Ms. Sonya Spencer, the petitioner, stated the four general requirements had been met and advised that adequate land was available to accommodate parking. She requested approval of the Special Use Permit for an in-home child day care service. Chairman Greer asked Ms. Spencer if she concurred with the Staff findings presented by the Planning Director and the conditions recommended by the Planning Board including the six-foot wooden fence. Ms. Spencer agreed with the Staff findings and conditions as recommended. Chairman Greer asked if anyone from the public would like to speak. No comments were received: Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to grant the Special Use Permit contingent upon the following conditions: (1) the play area in the back yard must be enclosed with a six (6) foot high wooden fence; (2) a circular drive must be installed to accommodate pick-ups and drop-offs; and (3) off-street parking must be provided as per the Zoning Ordinance and based upon the evidence presented concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. 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 17. PUBLIC HEARING TO CONSIDER ESTABLISHING SPECIAL HIGHWAY OVERLAY DISTRICT REGULATIONS ALONG THE SMITH CREEK PARKWAY BETWEEN NORTH COLLEGE ROAD AND EASTWOOD ROAD, AND REMOVAL OF THOSE REGULATIONS ALONG EASTWOOD ROAD WEST OF RACINE DRIVE (Z-459; 9/92; 4/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted six to zero to recommend approval of the Special Highway Overlay District (SHOD) realignment to coincide with the Smith Creek Parkway as recommended by Staff, including the removal of the Overlay District west of Racine Drive. Discussion focused mainly on how the realignment would impact smaller parcels of land, such as lots with limited depth or narrow widths. Staff advised that approximately 20 percent of the 40 plus parcels would be impacted and probably would require a variance for development. Chairman Greer asked what would be accomplished by realigning the Special Highway Overlay District? NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 365 Planning Director Hayes advised that Corning owned most of the land, which was wet due to a tributary following the new alignment along Smith Creek Parkway. As to the buildings already in existence, the realignment would only affect expansion of these businesses. Commissioner Sisson recommended cutting off the SHOD at the southside of Market Street and running it to the stub at Eastwood Road. Planning Director Hayes responded that Commissioner Sisson's recommendation would be acceptable. Mr. Peter Davis, the owner of a parcel currently zoned R-15, 360 feet along Smith Creek Parkway, spoke in opposition to the SHOD realignment. He advised that Corning would have to purchase his property in order to regain its value if the SHOD realignment was approved. He commented on the many small property owners that will be adversely impacted by this proposal and requested the Board not to add another layer of bureaucracy to the zoning regulations. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to remove the Special Highway Overlay District regulations west of Racine Drive and realign the existing Special Highway Overlay District beginning at Racine Drive and extending along the route of Smith Creek Parkway to the southeast right-of-way of Market Street with the district extending 500 feet from the right- of-way on each side of Smith Creek Parkway. 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. 9B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1977, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9B, Page 81. BREAK Chairman Greer called a break from 10:10 P.M. until 10:21 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY EARL WORSLEY TO RE- DESIGNATE 1.37 ACRES AT 1204 CULBRETH DRIVE IN LANDFALL CENTER TO PLANNED DEVELOPMENT COMMERCIAL FROM PLANNED DEVELOPMENT OFFICE AND INSTITUTION (Z-564, 4/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted six to zero to recommend approval of the application and to include the adjacent property to the south, identified as "G" on the map. The Planning Board noted that adjacent uses were either developed with commercial uses or zoned for commercial activity. The Board agreed with Staff on the idea to consolidate commercial uses and include Parcel G. Commissioner Sisson inquired as to the type of uses that would be permitted? Planning Director Hayes stated that practically any type of commercial use could be placed on the property and noted that the applicant may wish to explain the uses when commenting on the petition. Commissioner Sisson recommended placing some type of condition on the rezoning if approved. Chairman Greer asked if anyone from the public would like to comment. The following remarks were presented. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 366 Mr. Earl Worsley, the petitioner, reported the property was located near the intersection of the Military Cut-Off Road and Eastwood Road. He commented on the surrounding commercial uses around the site and requested the Board to approve the Planned Development Commercial zoning to be more consistent with adjacent properties. Commissioner Sisson asked Mr. Worsley if he would agree to placement of uses on the property that would be consistent with the uses on the adjacent B-1 properties? Mr. Worsley reported he did not have a problem with this condition. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the Planned Development Commercial Zoning District Classification including Parcel G contingent upon the uses being consistent with adjacent B-1 businesses. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE PLANNED DEVELOPMENT DISTRICT OF LANDFALL IN NEW HANOVER COUNTY, NORTH CAROLINA," is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 16. PUBLIC HEARING TO CONSIDER A REQUEST BY DAVID SWEYER TO REZONE .54 OF AN ACRE AT 1638 MILITARY CUT-OFF ROAD TO OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-565, 3/96) Chairman Greer opened the Public Hearing. Planning Director Hayes reported the Planning Board voted six to zero to recommend approval of the rezoning as submitted. The Board noted that with the widening of Military Cut-Off Road, which is nearing completion, and the recent development changes in the area made the subject properties less desirable for residential uses. The Board also agreed that the change would be consistent with the Land Use Plan for office and institution uses. No one spoke in opposition. Chairman Greer asked if anyone from the general public would like to comment. The following remarks were received. Mr. David Sweyer, the petitioner, requested the Board to approve the rezoning request. Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to approve rezoning .54 of an acre at 1638 Military Cut-Off Road to Office and Institution from R-15 Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971," is hereby included as a part of the minutes and is contained in Zoning Book I, Section 6, Page 66. PUBLIC HEARING TO CONSIDER IF THE RIGHT-OF-WAY SHOULD BE REQUIRED IN THE RIVER FOREST SUBDIVISION Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Technical Review Committee approved River Forest, a performance development subdivision, without reserving the right-of-way to accommodate the planned Wilmington Bypass. He requested the Board to decide if the reservation should be required, or should the decision of the Technical Review Committee be accepted. He advised that the exact location of the Wilmington Bypass would not be determined until the end of the year. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 367 Chairman Greer asked if anyone from the public would like to comment. Mr. Adger Wilson, the petitioner, reported over a year ago, discussion was held with the N. C. Department of Transportation about developing the property. At that time, he was assured that his property would be not be involved with the Wilmington Bypass route, and an investment was made in the development of the land. Approximately fourteen months later, the Department of Transportation began considering another alternative, known as the Central Alternative, which will split the property if selected. As of this date, no route has been determined, and the company is ready to break ground on the new development. The Board was requested to accept the recommendation of the Technical Review Committee and allow him to move forward with the project since the money has already been invested. County Attorney Copley reported the Board may wish to require the developer to place a notice on the plat informing future buyers about the possibility of land condemnation by the N. C. Department Transportation for the Wilmington Bypass. Mr. Wilson advised that he had no problem with this notification procedure. Commissioner Sisson strongly objected to upholding the decision of the Technical Review Committee, which would not require reserving the rights-of-way to accommodate the planned Wilmington Bypass. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to accept the decision of the Technical Review Committee contingent upon the plat being marked to inform future buyers about the potential condemnation of land by the N. C. Department of Transportation for the Wilmington Bypass. The floor was opened for discussion. Mr. John Tyhacz, a resident of Covil Farm Estates, requested placing this requirement in the promotional material distributed by the developer. County Attorney Copley responded it would not be prudent for the developer to take such a risk. Planning Director Hayes reported the plat could be revised to reflect the proposed corridor, or Mr. Wilson could revise the subdivision design to accommodate the Central Alternative. Chairman Greer asked if this decision could be postponed? County Attorney Copley responded that Mr. Wilson would have to voluntarily agree to withdraw the present plan and petition. Mr. Wilson reported revising the plan to accommodate the location of the corridor would cut off access to the subdivision leaving only the portion to the west unaffected by the highway. Chairman Greer called for a vote on the MOTION to require notification on the plat about the potential condemnation of land for construction of the Wilmington Bypass. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Voting Nay: Commissioner Sisson Chairman Greer CONSIDERATION OF ADOPTING A RESOLUTION OF INTENT TO CLOSE WATERCRESS STREET, BRANDYWINE SUBDIVISION Planning Director, Dexter Hayes, reported the County NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, MAY 6, 1996PAGE 368 Engineering Staff has requested closing Watercress Street located between East Brandywine Circle and Whimsey Way in the Brandywine Subdivision. The Board was requested to adopt a Resolution of Intent to schedule a Public Hearing on June 3, 1996, to consider the road closing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the Resolution of Intent as presented by the Engineering Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution of Intent is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 16. 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 11:15 P.M. until 11:45 P.M. to hold a regular meeting of the New Hanover County Water and Sewer District. ADDITIONAL ITEMS Adoption of Proclamation Declaring May 11, 1996, as "Letter Carriers Food Drive Day" in New Hanover County Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to adopt a proclamation declaring May 11, 1996, as "Letter Carriers Food Drive Day" 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 16. Discussion of Regular Meetings before Election Day Vice-Chairman Mathews expressed concern for holding a lengthy meeting before an Election Day and recommended rescheduling these meetings in the future. Consensus: After discussion, it was the consensus of the Board to authorize the Clerk to the Board to prepare annual schedules changing any Monday night meeting before an Election Day to Tuesday. Adoption of a Resolution Authorizing Settlement of the Tax Appeal Submitted by Wilmington Coca-Cola Bottling Works, Inc. County Attorney Copley requested adoption of a resolution to authorize the Tax Administrator to execute a release for the personal property tax liability of Wilmington Coca-Cola Bottling Works, Inc. for the years 1987 through 1992 upon payment of $52,933.27 as settlement of the tax appeal. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt the resolution accepting payment in the amount of $52,933.27 as settlement of the tax appeal submitted by Coca-Cola Bottling Works, Inc. and authorize the County Attorney to execute the necessary documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 16. ADJOURNMENT Chairman Greer adjourned the meeting at 12:05 A.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board