1996-08-05 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 512
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, August 5, 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 E.
Sisson, Jr.; William A. Caster; 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.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Reverend Mike Hall, Pastor of the Bethesda Christian Life
Church, gave the invocation.
Commissioner Barone 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 requested all persons speaking to limit their remarks
to three minutes.
Request for New Hanover County to Join the Smart Start Program
Mr. Royce Angel, representing Smart Start, reported that
$100,000 had been received from the State last year to begin the
Early Childhood Planning Program in New Hanover County plus $12,000
earmarked for the Child Advocacy Commission. He advised that the
team appointed to develop the program focused on using as little
money as possible in the program planning so the remaining funds
could be used to provide services. The team is happy to report
that out of $100,000 received, approximately $62,000 was used to
provide services to children in the community.
In the budget recently adopted by the N. C. General Assembly,
$10,000,000 was appropriated for Smart Start with eleven counties
throughout the State designated to receive funding. New Hanover
County was one of the eleven counties. It is anticipated that New
Hanover County will receive approximately $2,000,000; however, the
plan being submitted to the State to receive funding will not
include key County agencies because the Board of County
Commissioners chose not to participate in the program last year.
Mr. Angel requested the Board to join the Smart Start Program in a
full partnership by designating a County Commissioner, the County
Manager (or Deputy County Manager), the Superintendent of Schools,
Director of Social Services, Director of the Southeastern Center,
Director of the Health Department, Director of the Cooperative
Extension, and Director of the New Hanover County Library to serve
on the team to prioritize the needs for children.
After a brief discussion of the request, the Board decided to
move forward with the agenda as scheduled and discuss this request
at the end of the meeting.
Request for New Hanover County to Assist with the Paving of Gordon
Acres Road
Ms. Barbara A. Cloyne representing the residents of Gordon
Acres Road, requested the Board to provide the initial money to
allow the N. C. Department of Transportation to pave Gordon Acres
Road with the property owners repaying the County through a special
tax assessment as outlined in N.C.G.S.153A-205. After discussion
with the N. C. Department of Transportation, the local office has
agreed to upgrade and pave the road if the County participates in
the funding. The improved road will become a part of the State
Highway System and will be maintained by the N. C. Department of
Transportation. The Board was urged to assist the residents in
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 513
paving the road, which has become a safety hazard to the residents
and children living along the road.
Discussion followed on the cost of paving the road. County
Attorney Copley reported the Department of Transportation charges
$120,000 for paving one mile. The road is approximately one-third
of a mile; therefore, with 23 property owners, the cost would be
approximately $2,000 per household. She advised that New Hanover
County would incur all engineering costs as well as the cost for
paving the road.
Chairman Greer emphasized the importance of each property
owner understanding that the total cost of the paving project would
be divided among the 23 property owners with that amount added to
each individual's tax bill until the money has been repaid to New
Hanover County.
Ms. Cloyne replied that the residents were aware of this
financial obligation.
Consensus: After discussion, it was the consensus of the Board to
direct Staff to obtain the necessary information regarding the
legal procedures outlined under NCGS153A-205, including what type
of percents could be set, and the exact cost of the project. This
recommendation is to be placed on the August 19 or September 3,
1996, agenda.
APPROVAL OF CONSENT AGENDA
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the items on the Consent Agenda as presented.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as
presented by the Clerk to the Board:
Special Meeting - July 10, 1996
Special Meeting - July 13, 1996
Regular Meeting - July 22, 1996.
Acceptance of "Report of Disposal of Personal Property" for the
Period of January 1, 1996 through June 30, 1996
The Commissioners accepted the Report of Disposal of Personal
Property in accordance with NCGS 160A-266(c) for the period of
January 1, 1996 through June 6, 1996 as submitted by the Finance
Director.
A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXIII, Page 23.
Adoption of Resolution for the Sale of Surplus Property Owned
Jointly by New Hanover County and the City of Wilmington Located at
805 South Fourth Street
The Commissioners adopted a resolution to accept the following
offer for the sale of surplus property owned jointly by New Hanover
County and the City of Wilmington identified as follows:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 514
Parcel Number Address Tax Market
Value Value
RO054-09-028-003.000 805 South Fourth Street $1,863.00 $1,815.00
Amount of Offer: $1,815
Offerer Property Dimensions
Linwood Nesbitt & Wife Eria W. Nesbitt 26'x93'
Tommy Lee Nesbitt & Wife Phyllis Nesbitt
612 Bracken Fern Road, Wilmington, N. C. 28405
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 23.
Approval of Revisions to the Health Department Fee Policy
The Commissioners approved revisions to the Health Department
Fee Policy as recommended and adopted by the Board of Health at its
July 1996 meeting. Effective July 1, 1996, new Medicaid rates went
into effect, resulting in a need to adjust fees charged to private
pay patients to equal the Medicaid rates. The majority of changes
are in the Family Planning Fee Scale, which resulted in an increase
of $2,000 in self-pay fees. Once revenue is generated from the new
fee revisions, a Budget Amendment will be prepared for budgeting
the increased revenue.
Approval of a Public Health Nurse I Position and Approval of
Associated Budget Amendment #97-0020
The Commissioners approved the Public Health Nurse I position
and the following Budget Amendment as recommended and requested by
the Health Department. The Board of Education requested the Health
Department to fill the vacant Laney High School nursing position.
Funding for the position will be totally funded by the Board of
Education. The salary, fringe, and operating costs are projected
at $31,052.
#97-0020 New Hanover County Health Department/New Hanover County
Board of Education
Debit Credit
Health/School Health
Contributions from School $31,052
Salaries $24,653
FICA 1,886
Retirement 497
Medical Insurance 3,129
Supplies 100
Employee Reimbursement 155
Uniform Reimbursement 332
Training/Travel 300
Purpose: To budget expenditures incurred for a Public Health Nurse
I position for the public school system.
Approval of the Exemption for "Friends of Felines" From Paying
County License Fee
The Commissioners approved exemption for the "Friends of
Felines" from the County license fee of $9.00 as recommended by the
Board of Health. The "Friends of Felines" is an organization that
catches untamed (feral) cats in cages and carries the cats to
Veterinarians for rabies immunizations and altering. The
Veterinarians have agreed to alter and vaccinate these untamed cats
free of charge to reduce the risk of rabies and the number of cats
born when set free. Eventually the untamed cat population should
decrease, relieving Animal Control of the time, effort, and expense
given to control these cats.
Adoption of Resolution to Add Old Holly Shelter Road to the State
Highway System
The Commissioners adopted a resolution to add Old Holly
Shelter Road to the State Highway System.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 515
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 23.
Approval for Reclassification of the Researcher Position at the
Cape Fear Museum to a Public Information Specialist
The Commissioners approved the reclassification of the
Researcher position at the Museum to a Public Information
Specialist as recommended by Human Resources. The position has
changed from traditional research functions to public relations and
media functions. After reviewing these duties, the Human Resources
Department has recommended reclassifying the position to a Public
Information Specialist position at Pay Grade 116.
Approval of Budget Amendment #97-0021 - Sheriff's
Department/Administration For the Purchase of Radios
Debit Credit
Sheriff's Department
Other $2,500
Departmental Supplies $ 744
Capital Outlay $3,244
Purpose: To increase the budget for revenue received from the
settlement agreement (forfeiture).
Approval of Budget Amendment #97-03 - Sheriff's Department
Debit Credit
Controlled Substance Tax
Controlled Substance Tax $1,110
Controlled Substance Tax
Supplies $1,110
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 the Sheriff deems necessary.
Approval of Budget Amendment #97-02 - Sheriff's Department
Debit Credit
Federal Forfeited Property
Federal Forfeited Property $5,474
Federal Forfeited Property
Supplies $5,474
FIRST READING OF AN AMENDMENT TO THE NEW HANOVER COUNTY ORDINANCE,
CHAPTER 3, ANIMALS AND FOWL, ARTICLE I SECTION 3-16, IMPOUNDING
ANIMALS
Health Director, Robert Parker, reported the New Hanover
County Board of Health had adopted the proposed amendment because
of costs incurred with boarding animals while awaiting judicial
action. In one case, the Animal Control Center incurred thousands
of dollars to board wolf-hybrid dogs until the case was heard in
court. The proposed amendment will require the owner to remove the
animal to another site acceptable to the Animal Control Director
after the first five days. If the owner does not comply to this
request, the animal will be deemed abandoned and offered for
adoption or destroyed. If the Court orders the animal to remain in
the Animal Control Shelter, or at some other facility within the
County, the owner must pay all costs, expenses, and fees for
maintenance and care on a weekly basis in advance of the weekly
term. If such costs are not paid within two working days, the
animal shall be deemed abandoned and become the property of New
Hanover County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 516
Health Director Parker stated the Board of Health had strived
to prepare an amendment that will alleviate additional expenses
incurred by the Animal Control Center and provide an ordinance that
will better inform judges about orders issued for the boarding of
animals in the Animal Control Shelter.
Commissioner Barone strongly objected to the proposed
amendment and stated this was an example of big government at its
worst. She expressed concern for the person who goes on vacation
and leaves their pet in a pen with the next door neighbor feeding
and caring for the animal. Accidently, the pet gets loose and when
the owner returns, the animal has been destroyed. She, again,
reiterated that government should not be involved in this type of
situation and stated the proposed amendment was ridiculous.
Health Director Parker explained that the amendment applied
only to animals pursuant to a judicial order, warrant, or
administrative seizure.
Chairman Greer agreed with Director Parker and reported the
ordinance does not apply to animals running loose. He commented on
the length of time involved with a court hearing pertaining to a
dangerous dog and stated the owner can use the court system against
the County with all expenses incurred by the County for maintaining
the animal until a decision is rendered by the judge.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the amendment to Chapter 3, Animals and Fowl,
Article I, Section 3-16, Impounding Animals as recommended. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
A second reading of the ordinance will be heard on August 19,
1996.
PUBLIC HEARING ON 1997 REVALUATION MANUAL
Tax Administrator, Roland Register, reported the 1997
Revaluation Manual was advertised for public scrutiny on July 14,
1996, and the law requires that a Public Hearing be held to allow
the public to comment on the revaluation process.
Commissioner Barone asked if anyone had reviewed the manual?
Tax Administrator Register responded only one person, a Star-
News reporter.
Tax Administrator Register reported the revaluations would be
effective January 1, 1997, and the tax would be levied in the FY
1997-98 Budget based on the revaluation. Tax bills reflecting the
revaluation will become due between September 1, 1997, and January
5, 1998.
Chairman Greer opened the Public Hearing and asked if anyone
from the public would like to comment on the 1997 Revaluation
Manual.
No comments were received.
Chairman Greer closed the Public Hearing.
Consensus: It was the consensus of the Board to adopt the final
schedules, standards, and rules at the Regular Meeting of the Board
on August 19, 1996.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 517
REJECTION OF REQUEST FOR PROPOSALS (RFP) RECEIVED FOR THE
COLLECTION OF CHILD SUPPORT BY A PRIVATE CONTRACTOR
Mr. Tim McKinnie, Vice-President of David M. Griffith &
Associates, Ltd., Raleigh, North Carolina, reported after
responding to the first Request for Proposals to contract with a
private company to provide child support collection services, David
M. Griffith & Associates, Ltd. was recommended by the Board of
Social Services to receive the bid award. During deliberations of
the contract award, the Board of County Commissioners decided to
reject all proposals received and prepare a second Request for
Proposals. David M. Griffith & Associates responded to the second
proposal and after evaluation of the proposals submitted, the Board
of Social Services recommended award of the bid to another firm.
Mr. McKinnie expressed concern for the award criteria used
when comparing the qualifications of the companies responding to
the second proposal because David M. Griffith & Associates, Ltd.
meets all the required qualifications. The company has five years
of child support collection experience with ten agencies using the
service. The computer system and forms used in the collection
service are already in place, the company is licensed in North
Carolina as a collection agency with the N. C. Department of
Insurance, and the bonding and insurance requirements have been met
as set forth in the proposal. After a review of the evaluation
sheets submitted by the firms, including the company being
recommended for the award of the contract, David M. Griffith &
Associates, Ltd. respectfully requests the Board to analyze the
evaluation criteria and qualifications of the firm before awarding
the bid.
Vice-Chairman Mathews reported the Board of Social Services
usually recommends the most qualified firm for a contract award;
however, in this case, he would recommend selecting David M.
Griffith & Associates, Ltd. because of five years of experience in
the collection business as well as the necessary State
certification and insurance/bonding requirements. He reminded the
Board that the County was not obligated to award the proposal to
the lowest bidder, and he recommended awarding the contract to the
lowest responsible bidder, David M. Griffith & Associates, Ltd.
Mr. Ashur Shaw, Operations Manager for PDS Investigations and
Security, reported that David M. Griffith & Associates, Ltd. did
have more experience than PDS in the area of child enforcement and
child support collections; however, when the firm began, they had
no clients. He requested the Board to allow PDS an opportunity to
build its company in the same manner. PDS has been working on
designing the child support collection program for the past three
and one-half years. The Board of Social Services did recommend
award of the first proposal to David M. Griffith & Associates,
Ltd., but PDS was not aware the proposal had been issued. As
indicated by Mr. McKinnie, the Board then decided that the Request
For Proposals should be reissued in order to allow all companies to
submit proposals. PDS responded to the second proposal and the
Board of Social Services recommended award of the contract to the
company. In order for PDS to submit a proposal, the company had to
be completely restructured to obtain a State license as a
collection agency. A local lawyer was hired to restructure the
company and within the next 30-45 days, PDS will have a collection
agency license and a $5,000 surety bond will be in place. Since
PDS is a small company, it was felt it would not be prudent to
purchase the necessary insurance without the company being awarded
the contract.
Discussion was held on the software to be purchased by PDS.
Commissioner Sisson commented on the software problems that had
been experienced at the Southeastern Center and asked if the
software to be purchased by PDS was a proven program for this type
of collection?
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 518
Mr. Shaw responded that software was available to administer
the collection program.
Commissioner Caster commented on being a small businessman who
had gone through the difficulty of trying to obtain contracts to
allow the business to grow, and stated he would lean toward
providing an opportunity to a local company.
Mr. Shaw responded that PDS had been in the security business
for the past five years and reported the firm was one of two
security companies from the State of North Carolina selected to
provide security services for the U. S. Olympic Basketball Team.
Commissioner Sisson expressed concern as to why the company
did not know when the first Request For Proposals was issued by the
County. Also, when a firm submits a proposal without meeting the
qualifications listed in the request for proposals, how can the
County award the contract to that firm. It appears the County has
tried to change the process to suit one local firm, which destroys
the integrity of the bidding process. He emphasized the importance
of all firms being treated equally when responding to bid
proposals.
Mr. Shaw responded that PDS first approached the Department of
Social Services about contracting out the collection service two
years ago; therefore, it was felt the company would be notified
about the proposal. PDS was in error by not noticing the
advertisement, which was not the fault of County Staff.
Discussion was held on the length of the contract. Chairman
Greer reported the contract was initially for one year with two
renewable one-year terms if both parties agreed.
Chairman Greer stated, in his opinion, the firm selected will
not be paid any money unless the company performs; therefore, the
main issue is performance in the collection of child support
payments, not whether the company has a computer system or other
equipment. He reminded the Board that PDS was a small local
company that had committed to performing the collection service as
well as obtaining the necessary license, insurance and bonding when
the contract is awarded. He recommended awarding the proposal to
PDS.
Vice-Chairman Mathews stated that no member of the Board would
be opposed to providing a growth opportunity to a small local
company; however, the qualifications in the Request For Proposals
had not been met since the greatest consideration was the prior
years of collection experience.
Chairman Greer disagreed and reported statements of this type
should not be placed in a proposal. In his opinion, it appears
that some of the qualifications and specifications in County
contracts try to exclude certain segments of the population,
particularly small businesses who do not have five years of
experience or large amounts of insurance.
Commissioner Sisson agreed with trying to help small local
businesses, but expressed concern for not following State bidding
regulations. He stated if the Board would like to re-bid the
project based on a different set of criteria, then the process
should begin from scratch.
Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster
to adopt the resolution awarding the contract to PDS Investigations
& Security, Inc. contingent upon 40 days for adherence to insurance
requirements and a State collection agency license. If these
requirements have not been met in the specified time frame, the
contract will be awarded to David M. Griffith & Associates, Ltd.
Upon vote, the MOTION FAILED TO CARRY AS FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 519
Voting Aye: Chairman Greer
Commissioner Caster
Voting Nay: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Motion: After discussion of not further delaying award of the
contract, Commissioner Barone MOVED to award the contract to David
M. Griffith & Associates, Ltd. THE MOTION DIED FOR THE LACK OF A
SECOND.
Motion: Commissioner Sisson MOVED, SECONDEDby Vice-Chairman
Mathews to send the proposal back to the DSS Board with the idea of
restructuring the collection system into more than one part and re-
issue the Request for Proposals based on the appropriate criteria
with a recommendation presented to the Board by the second meeting
in September. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Chairman Greer
Vice-Chairman Mathews
Voting Nay: Commissioner Barone
Commissioner Barone stated, for the record, she felt the
County was playing favorites with PDS, which was an impropriety;
therefore, she could not vote in favor of the motion.
Purchasing Agent, Amy Akin, asked if the recommendation to be
presented to the Board in September was the recommendation of the
criteria to be applied in the Request for Proposals, or the
recommendation after going through the process?
Commissioner Sisson responded the Board of Social Services
should develop the criteria to be used to evaluate the proposals.
Discussion was held on the length of time needed to resubmit
a Request for Proposals. Purchasing Agent Akin advised that twelve
weeks would be needed to change the criteria.
Amended Motion: Commissioner Sisson MOVED TO AMEND THE MOTION to
extend the time frame from the second meeting in September to
twelve weeks for reissuing the Request for Proposals. Vice-
Chairman Mathews SECONDED THE AMENDED MOTION.
Commissioner Barone strongly objected to drawing out the
bidding process for twelve weeks and stated this was the reason
that many companies do not bid for county projects. She expressed
concern for establishing the criteria in the Request for Proposals,
receiving proposals from companies that met those requirements, and
then deciding to delay the process for twelve weeks because one
company did not comply to the requirements. She stated this was
not fair to the companies who had responded correctly, and she
objected to setting a precedent of this type.
Mr. Dick Snyder, a member of the Board of Social Services,
reported the first bidding process should not be considered because
the Board of County Commissioners rejected that proposal. When the
Board of Social Services reviewed the criteria for the second
proposal, focus was placed on the importance of preparing a bid
that would allow any company responding to be capable of performing
the service. The Request for Proposals did not require all items
to be in place when submitting a proposal. The proposal required
the capability of any firm being able to meet the qualifications,
if the bid was awarded. As a member of the Board of Social
Services, he feels that PDS is a local firm with a proven tract
record in two related fields with the ability to secure the
computer software, the surety bond, insurance, and the State
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 520
collection agency license within 14 to 21 days. The Board of
Social Services felt the criteria had been met. To have a local
firm with employees knowing many of the children's parents was a
major factor in recommending award of the contract to PDS. He
requested the Board to consider the first motion made by Chairman
Greer and award the contract to PDS.
Vote on Amended Motion: Chairman Greer called for a vote on the
AMENDED MOTION to send the proposal back to the DSS Board with the
idea of restructuring the collection system into more than one part
and re-issue the Request for Proposals based on the appropriate
criteria with a recommendation to be presented to the Board within
twelve weeks. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
RECOGNITION OF KELVIN LACKEY, A BOY SCOUT OF TROOP 222
Chairman Greer recognized Kelvin Lackey, a Boy Scout of Troop
222, and announced he was attending the meeting as one of the
requirements needed to receive his Merit Badge.
BREAK
Chairman Greer called a break from 7:45 P.M. until 8:01 P.M.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT BY
PLANTATION VILLAGE TO MODIFY THE MASTER PLAN FOR PERSONAL/NURSING
CARE AND ELDERLY HOUSING
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
John Jefferies
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the site plan revisions
as submitted. Discussion was held concerning fire service
protection, particularly the placement of dry hydrants at Blue
Heron Pond and adequate accessibility to the site. The applicant
assured the Planning Board that the Ogden Volunteer Fire Department
had been consulted and was satisfied with the plan. The proposed
modification will reduce the number of units and provide a more
detached, lower density project.
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 on the following findings:
(1)The site has direct access to Porters Neck Road and to
Jeanelle Moore Boulevard.
(2)The project is served by existing water and sewer systems.
(3)The site is located in the Ogden Volunteer Fire Department
District.
(4)A special use permit was issued to the applicant in 1983 for
the current operation. To date, approximately two-thirds of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 521
the project has been built.
General Requirement #2: The Board must find that the use meets all
required conditions and specifications of the Zoning Ordinance
based on the following findings:
(1)Nursing and personal care facilities, including assisted care
living, are permitted by Special Use Permit in the R-20
District. The site is zoned R-20.
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 proposed activities are an expansion of similar land uses
already in place on other parts of the property.
(2)The actual number of units will be reduced from 235 to 232.
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)The existing facility was permitted by special use permit in
August 1983. Approximately two-thirds of the project has been
built.
(2)Land uses in the area include a nursing home and Porters Neck
Golf and Country Club.
Commissioner Sisson requested an explanation of concerns about
fire access by the Volunteer Fire Department and Fire Marshal?
Planning Director Hayes reported two concerns were presented:
(1) the dry hydrant location at the end of the Blue Heron pond
site; and (2) concern about the weight load limitations on the
bridge.
Commissioner Sisson commented on the elevated water storage
tank to be constructed at Ogden Park and stated hopefully this
water capacity will provide water lines to the Ogden area as well
as pressurize the dry hydrants to eliminate drawing water from
ponds.
Mr. John Jefferies, a partner of Jefferies & Farris architects
representing Plantation Village, reported the firm had been hired
by the Ogden Volunteer Fire Department to develop an adequate fire
protection plan for the project. He assured the Board that
adequate fire protection would be provided for the project. He
reported that Plantation Village had requested modification of the
original plan to react to the market. The revisions will provide
for one-story buildings, instead of two stories, and will add 5.5
acres to the overall tract. The density will decrease and a heavy
duty vehicular bridge has been constructed over the wetlands. He
reported that all requirements had been met for the proposed
modification to the Special Use Permit, and he requested the Board
to grant the Special Use Permit.
Chairman Greer asked Mr. Jefferies if he concurred with the
Staff findings as presented by the Planning Director.
Mr. Jefferies agreed with the findings as read and presented.
Chairman Greer inquired as to whether anyone from the public
would like to comment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 522
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to grant the revision to 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 presented 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 an Addendum to the Special Use Permit is hereby
incorporated as a part of the minutes and is contained in SUP Book
II, Page 18.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
CONSTRUCT A CHILD DAY CARE CENTER AT 2501 NORTH COLLEGE ROAD (S-
396,7/96)
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
Tonya Padrick
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the petition as
submitted that would allow the Northside Baptist Church to provide
after school child care. The Planning Board felt since the service
would be provided in existing facilities with no additional
parking, impacts on adjacent land uses would be minimal.
Planning Director Hayes presented the following findings:
General Requirement #1: The Board must find that the uses will not
materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and
approved based on the following findings:
(1) The site is currently served by water and sewer.
(2) The site has direct access to North College Road.
(3)The site is located in the Wrightsboro 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 on the following findings:
(1) Child day care is permitted by Special Use Permit in the R-15
Residential District. The property is zoned R-15.
(2)No additional parking is needed because the existing parking
lot far exceeds the minimum requirement for the day care
services.
(3) A fenced play area is already in place.
(4) No additional signage is proposed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 523
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 on the following findings:
(1)No additional construction is required because the service
will be provided in an existing building on the church campus.
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 on the following findings:
(1) There is a wide range of land uses in the area: commercial
uses to the south, rental duplexes to the west, commercial and
institutional to the east and vacant land to the north.
(2) Child day care facilities are commonly associated with
churches.
Chairman Greer asked if the petitioner would like to comment?
Ms. Tonya Padrick, the petitioner and a member of the
Northside Baptist Church, requested the Board to grant the Special
Use Permit to provide an after school day care center.
Chairman Greer asked Ms. Padrick if she concurred with the
Staff findings as read and presented by the Planning Director.
Ms. Padrick agreed with the findings as presented.
Chairman Greer inquired as to whether anyone from the public
would like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to grant the Special Use Permit for establishment of a
child day care service at the Northside Baptist Church 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 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 18.
PUBLIC HEARING TO CONSIDER A REQUEST BY J. KNOX TO REZONE 11 ACRES
OF LAND ON THE SOUTH SIDE OF HOLLY SHELTER ROAD, 800 FEET WEST OF
BLUE CLAY ROAD, TO I-2 HEAVY INDUSTRIAL FROM R-15 RESIDENTIAL
Chairman Greer opened the Public Hearing.
Planning Director Dexter Hayes reported the Planning Board
voted unanimously to recommend rezoning the applicant's entire
tract to I-1 Light Industrial, which would include the areas zoned
R-15 and I-2 Heavy Industrial. Also, the Planning Board
recommended that areas of parcels 10, 10.1, 11.2 and 11.3 now zoned
I-2 be rezoned to I-1. Staff was directed to notify the owners of
these parcels prior to the meeting.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 524
The Planning Board felt that I-1 Zoning would be less
intrusive to adjacent residential uses along Blue Clay Road. Also,
the proposed I-1 zoning would lessen the threat to groundwater
resources in the area and at the same time recognize that the
properties had been zoned for industrial use for a number of years.
Chairman Greer inquired as to whether anyone from the public
would like to comment.
Mr. John Berman, a partner of John Knox, advised the land was
comprised of 35 acres with 24 acres zoned I-2 and 11 acres zoned R-
15. The application requested I-1 Light Industrial zoning for the
25 acres that are currently zoned I-2.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to rezone the entire tract to I-1 Light Industrial 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. 8A OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 7, 1972," is hereby incorporated as a part
of the minutes and is contained in Zoning Book II, Section 8-A,
Page 23.
WITHDRAWAL OF PUBLIC HEARING TO CONSIDER A REQUEST BY R. RAMPERSAND
TO REZONE .41 ACRE AT 5610 BAVARIAN LANE TO B-2 BUSINESS FROM AR
AIRPORT RESIDENTIAL (Z-572,7/96)
Planning Director, Dexter Hayes, reported this item had been
withdrawn because no official appeal had been submitted to the
Clerk to the Board within the stipulated time frame.
PUBLIC HEARING TO CONSIDER A ZONING REQUEST BY B. BOTTS TO REZONE
1.4 ACRES AT 6234 CAROLINA BEACH ROAD TO B-1 BUSINESS FROM R-15
RESIDENTIAL (Z-573, 6/96)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
agreed with Staff in that the site had lost its long-term
residential appeal; however, the Planning Board did not feel that
rezoning the site to B-1 Business was the answer. After
discussion, the Planning Board voted unanimously to recommend
denial of the B-1 Business rezoning request feeling that a
transitional zoning classification would be more appropriate.
Accordingly, the Board voted to recommend the property be rezoned
to O-I Office and Institution. The proposed rezoning would soften
the impact on adjacent residential uses in nearby Monterey Heights
and Beau Rivage.
Chairman Greer inquired as to whether anyone from the public
would like to comment.
Ms. Billie Botts, the daughter of the petitioner, reported the
property was no longer desirable for residential development and
stated the petitioner had no objection to the O-I rezoning.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to rezone 1.4 acres at 6234 Carolina Beach Road from B-1 Business
to O-I Office and Institution as recommended by the Planning Board.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED APRIL 7, 1971," is hereby incorporated as a part
of the minutes and is contained in Zoning Book I, Section 4, Page
49.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 525
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF
THE NEW HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Greer convened from Regular Session at 8:15 P.M.
until 8:41 P.M. to hold a meeting of the Water & Sewer District.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Adoption of Resolution of Support for the Oregon Inlet Protection
Project, U. S. Senate Bill 988
Chairman Greer advised that a letter had been received from
the Chairman of the Dare County Board of Commissioners requesting
the Board to consider adopting a resolution of support for the
passage of the Oregon Inlet Protection Act, U. S. Senate Bill 988,
that had been introduced by Senator Jesse Helms. If enacted, the
bill will allow the U. S. Army Corps of Engineers to construct two
jetties to stabilize Oregon Inlet.
Commissioner Barone requested the Board to consider writing a
resolution of support.
Commissioner Sisson expressed concern for placing a hardened
structure near the Oregon Inlet because of the severe erosion
problem that will be created for the Outer Banks. He advised that
Oregon Inlet could continue to be stabilized through dredging for
the next thirty to forty years.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt a resolution of support for Senate Bill 988 as requested
by the Dare County Board of Commissioners. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Chairman Greer
Voting Nay: Commissioner Sisson
Vice-Chairman Mathews
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXIII, Page 23.
Approval of Budget Amendment #97-0024 for Cleanup Activities from
Hurricane Bertha
County Manager O'Neal requested approval of a Budget Amendment
in the amount of $1,000,000 to budget additional FEMA funds for
Hurricane Bertha cleanup activities. At the present time, only 40%
of the debris collection has occurred, and Staff estimates a total
cost between $900,000 to $1,000,000 for completion of the job.
Discussion was held on FEMA reimbursement for the cleanup
activities. County Manager O'Neal advised that Staff was constantly
in contact with FEMA to ensure that New Hanover County was
complying to the necessary requirements to receive FEMA
reimbursement. After the March 13th storm, a number of months
passed before the County received reimbursement; however, the
County was fully reimbursed for all eligible cleanup activities.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to approve the following Budget Amendment up to $1,000,000 with the
proviso that New Hanover County requests reimbursement from FEMA.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #97-0024 - Emergency Management/Hurricane
Preparedness
Debit Credit
Emergency Management/Hurricane
Preparedness
FEMA Reimbursement $1,000,000
Contracted Services $1,000,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 526
Discussion of Burning Ban in New Hanover County
Chairman Greer inquired as to when the burning ban would be
lifted in New Hanover County?
County Manager O'Neal advised that the burning ban would be in
effect until the end of August to allow for completion of debris
removal. He noted that Board action would be required to lift the
ban.
A lengthy discussion was held on when the burning ban should
be lifted and the numerous calls received from citizens living in
the unincorporated county requesting that the burning ban be lifted
immediately. Commissioner Sisson cautioned removing the burning
ban before the debris removal was completed because of the calls
that would be received by the Volunteer Fire Departments regarding
burning debris and complaints about smoke, which could impede a
proper response to a house fire call.
Chairman Greer advised that after discussion with numerous
people, he had been told that the Volunteer Fire Departments would
not have a problem with lifting the burning ban. He recommended
requesting Staff to contact the Volunteer Fire Departments and N.
C. Forest Service to see if removing the burning ban within the
next two weeks would create a problem for these organizations.
Consensus: After discussion, it was the consensus of the Board to
allow the burning ban to remain in effect until August 19, 1996, at
which time the Board can review the information received from the
N. C. Forestry Service and Volunteer Fire Departments regarding
lifting the burning ban. Based upon the information received, a
decision can be rendered by the Board at that time.
County Manager O'Neal reported on the conflict between the
County in a State of Emergency imposing a burning ban and the
criteria established for the N. C. Forestry Service to issue a
burning ban. He requested the Board to consider introducing
enabling legislation statewide in the long session of the General
Assembly to resolve this area of conflict and reported the County
Attorney had already prepared draft language for the bill.
After discussion, the Board agreed to review the draft bill at
a future meeting.
Presentation of Tentative Itinerary for the September Meeting of
the N. C. Board of Transportation
County Manager O'Neal presented a tentative itinerary for the
N. C. Board of Transportation meeting to be held in Wilmington,
North Carolina, on September 4-6, 1996.
Discussion of Flow Control Legislation
County Manager O'Neal reported a bipartisan group comprised of
approximately 135 members of Congress had been formed to move
forward with enactment of flow control legislation to assist local
governments. He inquired as to whether the Board would be
interested in forwarding a letter to the N. C. Congressional
Delegation reiterating the Board's support of flow control
legislation.
Consensus: It was the consensus of the Board to authorize the
Chairman to forward a letter to the N. C. Congressional Delegation
in support of flow control legislation.
Preparation of Door Prize for the Annual Conference of the N. C.
Association of County Commissioners
County Manager O'Neal advised the Board that the Convention
and Visitors Bureau would be preparing a weekend vacation package
as the door prize from New Hanover County for the Annual Conference
of the N. C. Association of County Commissioners to be held on
August 22-25, in Winston-Salem, North Carolina.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 527
Discussion of Request from New Hanover Regional Medical Center to
Change the Hospital from a Public to Private Non-Profit Community
General Hospital
County Manager O'Neal inquired as to whether the Board was
interested in discussing the hospital restructuring change as an
agenda item on August 19, 1996.
Consensus: It was the consensus of the Board to hold the Public
Hearing on August 12, 1996, and then schedule a Work Session for
the Board to discuss the proposal presented by the Board of
Trustees before meeting again with the Hospital Board of Trustees
or placing this item on the agenda for Board action.
Status Report on Sandbag Structured Wall at Shell Island
Assistant County Manager, Dave Weaver, reported the variance
petition to construct a sandbag structured wall at Shell Island was
denied by the Coastal Resources Commission. After meeting and
reviewing several options, the Shell Island Homeowners Association
voted to appeal the decision rendered by the Coastal Resources
Commission; therefore, the Town of Wrightsville Beach and New
Hanover County should submit a modified variance petition to appeal
the denial at the next meeting of the Coastal Resources Commission
to be held on September 26-27, 1996, in Wilmington or at
Wrightsville Beach. Also, the County may desire to pursue an
appeal of the variance denial through the Superior Court. He
requested Ms. Susan McDaniel, an attorney with Kenneth A. Shanklin,
to discuss the requirements for filing a modified variance request.
Attorney Susan McDaniel reported the Coastal Resources
Commissioner denied the variance request by a six (6) to five (5)
vote. After meeting with various officials, it is felt a modified
variance appeal should be resubmitted by August 29, 1996, so the
appeal can be heard again by the Coastal Resources Commission on
September 26-27, 1996. If the modified variance petition is denied
in September, an appeal of the denial can be filed in Superior
Court. The Shell Island Homeowners Association Board of Directors
voted unanimously for New Hanover County and the Town of
Wrightsville Beach to continue to support the project and request
New Hanover County to continue as the lead party. Emphasis was
placed on the need to work cooperatively in trying to address this
issue.
County Attorney Copley reported the County could continue to
be involved with refiling the variance application before the
Coastal Resources Commission in September. Once a decision is
rendered by the Coastal Resources Commission, the Board of County
Commissioners must decide on how much, if any, the County wants to
remain involved with the appeal process through the court system.
She recommended allowing Attorney Susan McDaniel and Attorney
Kenneth Shanklin to proceed with filing a lawsuit on behalf of the
Shell Island Homeowners Association with New Hanover County filing
a motion to intervene as a part of the lawsuit.
Commissioner Sisson stated he reluctantly agreed to filing the
variance petition before the Coastal Resources Commission because
he felt the County could become involved in a time consuming
lawsuit. He objected to New Hanover County becoming the lead party
in a lawsuit and stated he had no problem with the Shell Island
Homeowners Association appealing the variance through the court
system.
Assistant County Manager Weaver advised that pursuing a
modified variance before the Coastal Resources Commission in
September would require very little effort by the Town of
Wrightsville Beach or New Hanover County since Attorney Kenneth
Shanklin and Attorney Susan McDaniel would perform the legal
services.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 528
Attorney McDaniel reported the law firm would be glad to
perform the legal services; however, continued support of the
County would lend creditability to the appeal.
Mr. Herb McKim, the Mayor of Wrightsville Beach, complimented
Assistant County Manager, Dave Weaver, for an outstanding job in
appearing before the Coastal Resources Commission. He expressed
concern for pursuing this matter through the court system and
stated the battle should be won before the Coastal Resources
Commission. He advised that Wrightsville Beach has four pieces of
property that could be lost on the northern end: (1) the Shell
Island Resort; (2) the beach access; (3) the bath house; and (4)
the water and sewer service at the northern end. He commented on
the misinformation disseminated to the public about the proposed
project and reported after researching the original permits, the
site plan reflects a road going past the Shell Island Resort
property for future development to the north. At no time was the
inlet issue discussed when the development project was approved.
Consensus: After further discussion, it was the consensus of the
Board to support the refiling of a petition before the Coastal
Resources Commission in September.
Discussion of Smart Start Program
County Manager O'Neal reported the Smart Start legislation
specifically requires the appointment of a County Commissioner, the
County Manager (or Deputy County Manager), the Director of Social
Services, Director of Health, Director of Cooperative Extension,
Library Director, and Superintendent of Schools to become members
of a team to determine how the funds are to be used. With this
type of participation, New Hanover County would become eligible to
participate in the $2,000,000 to be received during the current
fiscal year for the Smart Start Program.
Commissioner Barone strongly objected to the entire process
and stated the directions given by the Board of County
Commissioners approximately two years ago had been completely
ignored by the Smart Start group; therefore, she could not support
the County becoming involved in the program.
Commissioner Sisson disagreed with Commissioner Barone and
advised the funding could be used by the Southeastern Center.
Chairman Greer recommended approaching each respective board
with each one deciding if they want to join the program.
County Manager O'Neal reported the Library Board was an
advisory board; therefore, the Library Director would follow the
direction of the County Manager.
Consensus: After further discussion, it was the consensus of the
Board, with the exception of Commissioner Barone, to allow each
individual board to decide if the agency should participate in the
Smart Start Program.
County Manager O'Neal reported that Staff would contact the
boards about the availability of Smart Start funding and present an
update at the second meeting in September. He advised the County
Manager's staff would serve only as a conduit of information.
Appointment of Carl Brown as the Exclusive Agent for Cape Fear
Community College in Submitting an Application to the Wilmington
Board of Adjustment
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to appoint Carl Brown as the exclusive agent for Cape Fear
Community College when presenting an application for a variance to
the Wilmington Board of Adjustment for the County owned property at
700 North Front Street. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25
REGULAR MEETING, AUGUST 5, 1996PAGE 529
A copy of the certification form is hereby incorporated as a
part of the minutes and is contained in Exhibit Book XXIII, Page
23.
Report on Attending Carolina Beach Council Meeting on July 25, 1996
Commissioner Caster commented on attending the Carolina Beach
Town Council meeting on July 25, 1996, and reported discussion was
held on development of criteria to be used for admitting property
owners back to Kure and Carolina Beach after a hurricane.
Discussion was held on the manner in which the Snow's Cut bridge
should be operated during emergencies, and it was decided to
appoint a group comprised of Staff Members and citizens from the
beach communities to prepare guidelines to be used in allowing
property owners to return to the beach resorts after a hurricane.
Vice-Chairman Mathews recommended discussing this issue at the
critique to be held on Thursday, August 15, 1996.
Status Report on City of Wilmington and New Hanover County Ad Hoc
Committee on Urban Planning and Growth
Commissioner Sisson reported one more meeting would be held by
the Ad Hoc Committee before appointing subcommittees to work on the
major issues developed by the committee. Members of the various
interest groups will be appointed to serve on these subcommittees.
After hearing from the consultants hired to work on the Unified
Development Ordinance, the Ad Hoc Committee has been asked to serve
as an oversight committee for the study.
Vice-Chairman Mathews expressed appreciation to the
Engineering and Planning Staff for the amount of time given to
assist the Ad Hoc Committee.
ADJOURNMENT
Chairman Greer adjourned the meeting at 9:55 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board