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1996-08-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 544 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 19, 1996, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; William 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 Deputy County Manager, Andrew J. Atkinson, gave the invocation. Vice-Chairman Mathews led the audience in the Pledge of Allegiance to the flag. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Discussion of the Alternative Transportation Resources in New Hanover County Ms. Laura Wilson, a member of the Transit 2001 Commission, commented on the importance of meeting transportation needs in New Hanover County and reported without some alternative resources other than widening highways, the county and state would not be able to meet future needs. In March, 1994, Governor Hunt initiated the Transportation 2001 Plan and created the Transit 2001 Commission to develop a Public Transportation Master Plan with the objective being to create recommendations to improve public transportation and rail services throughout the state. Information was presented to the Board regarding the transportation study, which includes a rail study, and the Board was requested to adopt a resolution of support. Ms. Wilson offered to arrange a meeting between the Board of County Commissioners and the Deputy Secretary of Transit Rails, David King, to exchange ideas and discuss the purpose of the study. Mr. Franklin Block, a representative of the 3rd Division of the N. C. Rail Council, reported that Amtrack operates two trains in the State of North Carolina with one train ranking number one in the country for customer satisfaction, and the other ranking third throughout the country in the generation of revenue. He advised that very few people were aware of these facts, and he introduced Mr. Pat Simmons, the Director of the N. C. Rail Division, to explain the need to perform a passenger rail study throughout the state. Mr. Pat Simmons advised that he had been assigned to study rail transportation services, both passenger and freight throughout the state. He commented on the importance of rail transportation to every county in the state and requested the Board to adopt a resolution of support for a rail study of passenger traffic that will include routes from Wilmington to Charlotte, Wilmington to Fayetteville, and Wilmington to Raleigh. Consensus: After discussion of more time needed to study the information presented, it was the consensus of the Board for Staff to prepare a resolution of support to be considered at the September 3, 1996, meeting. Request for Waiver of Water & Sewer Hook-Up Fees Mr. Charles Mettes, a realtor with Century 21 Sweyer Associates, Inc., reported approximately one year ago, he began NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 545 working with Mr. Russell Johnson to relocate to North Carolina for the operation of an upscale laundry mat system throughout the State. The headquarters will be located in New Hanover County and the company has been incorporated by the State. Mr. Johnson has located properties on Racine Drive and near Monkey Junction with final negotiations being completed on 10-year leases. When Mr. Johnson checked into the sewer hook-up fees for the two locations, he discovered the fee would be $260,000 which is too excessive and will prevent him from opening the businesses in New Hanover County. Mr. Mettes requested the Board to review the fees being charged to determine if New Hanover County intends to make it cost prohibitive for new businesses to locate in the county. Chairman Greer requested Staff to explain why the fees were so excessive. Assistant County Manager, Dave Weaver, explained that washing machines used a large amount of water with the wastewater having to be treated. Currently, the fees are based on the volume of wastewater generated by the laundry mat with fees being calculated according to State recommended usages. Mr. Mettes advised that after investigating charges in Wake County the total fee was $850 per machine up to a maximum of $17,000, which is considerably less than the $260,000 being charged in New Hanover County. Chairman Greer requested Staff to check into this matter and report back to the Board as soon as possible. Request by South College Properties to Allow the Remaining Phases of a High Density Project Off of Carolina Beach Road to be Completed under the Old Zoning Ordinance Attorney Allen Toll, representing South College Properties, advised that two phases of the Johnson Farms Subdivision and Still Meadow Village had been implemented and improved with the remaining phases of the project submitted to the Technical Review Committee during the second week of August before the September 1, 1996, deadline for implementation of amended regulations that require a Special Use Permit for high density projects. The Board was requested to allow the remaining phases of the project to be developed under the original zoning regulations for high density projects. Chairman Greer requested an explanation of how the Planning Department was handling plans that had been submitted before the deadline. Assistant County Manager, Dave Weaver, advised the Planning Department had implemented a policy that requires all information and comments from reviewing agencies to be submitted before the September 1, 1996, deadline. If this information is not received by that date, a Special Use Permit will be required for any high density project. Chairman Greer emphasized the importance of fairly processing all plans that have been received before September 1, 1996, and requested Staff to be sure all requests were being handled in the same way. No action was taken. Discussion of Drainage Problems in the NorthChase Subdivision Ms. Alexandria Traynham, a resident of NorthChase, expressed concern for drainage in NorthChase. She advised that when a new engineer was hired to develop this section of NorthChase, retention ponds were not required. Since that time, the drainage system has failed to function and flooding has occurred with each heavy rainfall. Out of concern for structural damage to many of the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 546 homes, an engineering company has been hired by some of the residents to determine how the problem can be corrected. This will be a costly procedure; however, the residents cannot continue to live in the subdivision unless the drainage problem is resolved. She urged the Board to require more stringent drainage regulations in future developments so this type of situation cannot occur to residents moving into new homes. Commissioner Sisson advised that after retention ponds were eliminated from the plan, the drainage system totally malfunctioned in this area of NorthChase. He strongly objected to the manner in which this project was permitted through the U. S. Army Corps of Engineers along with other permitting agencies and stated this was a classic example of a wetland area being developed. Chairman Greer inquired as to whether development could be prohibited in this section of NorthChase? Deputy County Manager, Dave Weaver, responded that a moratorium would have to be imposed because the County had already approved plats that were in compliance with County drainage regulations. Consensus: After further discussion, it was the consensus of the Board to direct the Planning Department and Legal Department to review the current regulations and prepare a recommendation to better address drainage regulations in new subdivisions. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Consent Agenda 5-A for further discussion, and Commissioner Barone requested removal of Consent Agenda 5-C. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda with the exception of Consent Agenda items 5-A and 5-C. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Hospital Work Session held on August 1, 1996, and the minutes of the Regular Meeting held on August 5, 1996, as presented by the Clerk to the Board. Adoption of a Resolution to Add Lennon Drive and Denee Drive to the State Highway System The Commissioners adopted a resolution to add Lennon Drive and Denee Drive to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 24. Approval of Tax Collection Reports through July 31, 1996 The Commissioners approved the following Tax Collection Reports through July 31, 1996: New Hanover County Tax Collection New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 24. Acceptance of Collection Settlement and Charges of 1996 Levy as Required by N.C.G.S. 105-347 and Reappointment of Mrs. Patricia J. Raynor as Collector of Revenue For 1996-97 The Commissioners approved the Collection Settlement of the 1995 Levy and Charges for 1996 as submitted by the Collector of Revenue. Mrs. Patricia J. Raynor was reappointed as the Collector of Revenue and charged with the Collection of the 1996 levy. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 547 A copy of the order reappointing Ms. Raynor as Collector of Revenue for New Hanover County is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 24. Approval of Budget Amendment #97-0025 - Various Departments Adjustment:DebitCredit Commissioners' Office Appropriated Fund Balance$675,622 Finance Contracted Services$3,600 MIS Departmental Supplies$ 8,044 Capital Outlay$53,424 Tax Contracted Services$73,694 County Attorney Departmental Supplies$ 464 Capital Outlay$ 4,953 Property Management Motor Vehicle Purchases$20,393 Engineering Capital Outlay$ 9,237 Sheriff/Administration Capital Outlay$15,179 Emergency Services Other Improvements$16,745 Clerk of Court Capital Outlay$19,621 Planning General Contractor$ 2,145 Capital Outlay$ 2,480 Health/Administration Contracted Services$24,334 Other Improvements$ 3,411 Capital Outlay$22,014 Health/Environmental Other Improvements$ 3,724 Capital Outlay$ 2,242 Social Services/Administration Departmental Supplies$41,763 Capital Outlay$165,405 Library Contracted Services$ 3,622 Other Improvements$152,250 Parks Other Improvements$12,564 Museum Printing$10,060 Departmental Supplies$ 799 Other Improvements$ 3,455 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 548 Environmental Management/Landfill Appropriated Fund Balance$303,211 Advertising$ 2,646 Contracted Services$136,912 WASTEC/Administration Contracted Services$ 7,413 Capital Outlay$150,500 WASTEC/Maintenance Contracted Services$ 2,740 M&R-Equipment$ 3,000 Water&Sewer Operating Fund Appropriated Fund Balance$362,464 Water&Sewer Engineering Contracted Services$69,735 Other Improvements$292,729 Purpose: To budget appropriated fund balance for outstanding purchase orders as of June 30, 1996. ACTION DEFERRED ON CONSENT AGENDA 5-A, BUDGET AMENDMENT #97-04 FOR THE DSS BUILDING EXPANSION Chairman Greer strongly objected to the interest earned on the DSS building expansion project being transferred into the contingency for the project. He recommended transferring accrued interest into the general fund account. Deputy County Manager, Andrew J. Atkinson, reported the Board approved the expansion project under a restrictive budget; therefore, a small amount of funding was appropriated for contingencies. Due to changes that occurred during the project, Staff felt transferring the interest earned into the project contingencies would allow the money to be generated within the project without having to request additional funds from the general fund account. Chairman Greer asked why an adequate contingency was not set up at the beginning of the project? County Manager O'Neal offered to withdraw the budget amendment until a financial report could be prepared on the DSS expansion project. Consensus: It was the consensus of the Board to postpone action on the Budget Amendment until September 3, 1996. Staff was requested to provide a complete financial report on the DSS expansion project. DISCUSSION AND APPROVAL OF CONSENT AGENDA 5-C, BUDGET AMENDMENT #97-0026 Commissioner Barone requested an explanation of the WASTEC/raw sewer line under the Environmental Management section of the Budget Amendment. Assistant County Manager, Dave Weaver, apologized for an error and advised the wording should have been a WASTEC/raw "water" line. Commissioner Barone expressed appreciation for the explanation and stated, for the record, she could not vote for the Budget Amendment because one section included funding for the development of a City/County Unified Planning Ordinance, which she could not support. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve Budget Amendment #97-0026 as listed below Upon vote, the MOTION CARRIED AS FOLLOWS: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 549 Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Approval of Budget Amendment #97-0026 - Various Departments Adjustment:DebitCredit Commissioners' Office Appropriated Fund Balance$659,904 Legal Capital Outlay$ 6,000 Property Management Other Improvements$48,555 EMS Capital Outlay$65,000 Inspections Capital Outlay$400,232 Outside Agencies/Human Services Wilmington Housing Authority$ 8,330 City of Wilmington$ 10,925 Planning Contracted Services$ 47,500 Health/Animal Control Other Improvements$ 5,540 Health/Administration Other Improvements$ 33,850 Library Equipment Rent$ 3,600 Parks Contracted Services$ 20,000 Museum Other Improvements$ 10,372 Public Schools Fund Appropriated Fund Balance$190,000 Ogden School Sewer$190,000 Fire Service District Appropriated Fund Balance$159,881 Ogden VFD$ 79,983 Seagate VFD$ 2,483 Myrtle Grove VFD$ 2,483 Wrightsboro VFD$ 2,483 Federal Point VFD$ 2,483 Winter Park VFD$ 2,483 Castle Hayne VFD$ 2,483 Capital Outlay/Equipment$ 65,000 Environmental Management/Landfill Appropriated Fund Balance$200,000 WASTEC/Administration Capital Outlay/Equipment$150,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 550 Landfill Operations Capital Outlay/Equipment$ 50,000 Purpose: To rollover the following expenditures from FY 1995-96 to FY 1996-97: Legal - New office equipment for renovated office space. Property Management - Renovations to Administration Building. EMS - Computer equipment for EMS data base system. Inspections - departmental automation. Outside Agencies/Human Services/Housing Authority - Renovations to Rankin Enrichment Center. Outside Agencies/Human Services/City of Wilmington - Unified Work Planning Program for Transportation. Planning - Develop Unified Development Ordinance with City of Wilmington. Health/Animal Control - Remaining work on Animal Control Center/Capital project. Health/Administration - Wiring needed to upgrade Health Department building for automation. Library - Rental of stack movers to assist in re-carpeting the building. Parks - Design fee for nature trail at Senior Center. Museum - Remaining work on Museum/capital project. Public Schools Fund - Ogden School sewer connection. Fire Service District - (1) mobile mounted radio for chief of each volunteer fire department; (2) Ogden Substation; and (3) Computer System. Environmental Management - (1) WASTEC/raw water line for fire system per insurance request; and (2) Landfill/rapid sand filter for leachate system. PRESENTATION OF PLAQUES TO RETIREES County Manager O'Neal requested the following persons to step forward to receive retirement plaques: Name Years of Service Major Lawrence P. Hayes 27 years, 4 months Sheriff's Department (Accepted by Sheriff Joe McQueen) Alexandria Traynham 20 years, 11 months New Hanover County Library Chairman Greer, on behalf of the Board, presented plaques to these employees and expressed appreciation to them for their years of dedicated service to New Hanover County. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards. Edna V. Benson, Social Services 5 Michele C. Shackelford, Social Services 5 Tommie M. Wells, Library 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 551 Evelyn E. Lorek, Finance 10 Jenean N. Todd, Museum 10 Sharon L. Neuschafer, Health Department 15 Martha H. Stein, Social Services 15 Harry Tuckmayer, Library 15 Chairman Greer, on behalf of the Board, presented service awards to these employees and expressed appreciation for their years of dedicated service. ADOPTION OF SCHEDULES, STANDARDS AND RULES FOR THE 1997 REVALUATION OF THE COUNTY Tax Administrator, Roland Register, reported the manual for the 1997 revaluation had been properly advertised for public inspection and a Public Hearing had been held on August 5, 1996, to receive public input. He requested the Board to adopt the final schedules, standards, and rules for the 1997 general reappraisal. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the final schedules, standards, and rules for the 1997 reappraisal of real property in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt the "Use Value" schedules, standards and rules as presented by the Tax Administrator. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION CONDEMNING CHURCH BURNINGS Chairman Greer reported the McDowell County Board of Commissioners had adopted a resolution condemning the burning of churches, and had written a letter to New Hanover County for adoption of a similar resolution. He requested direction from the Board. Motion: After discussion, Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt a resolution condemning the burning of churches and work with the authorities in catching the perpetrators of these crimes. 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 24. PRESENTATION ON WATERCRAFT REGULATIONS Assistant County Manager, Dave Weaver, reported at the request of Commissioner Sisson, the Board has been asked to consider developing regulations governing the operation of personal watercraft (jet skis and wave runners). A local bill was passed by the 1993 Legislature to allow New Hanover County to adopt such regulations; however, the item was discussed by the Board at that time with no action taken. Assistant County Manager Weaver introduced the petitioner, Ms. Lisa Robertson, and stated she was present to comment on the issue. Ms. Lisa Robertson, a resident of Wilmington since 1982, reported there were no adequate regulations in place for controlling the use of personal watercraft in the State of North Carolina. Since 1991, personal watercraft accidents have doubled with the leading cause being collisions with other vessels due to inexperienced operators. The following recommendations were presented: (1)Limit the age of personal watercraft operators to 14 years or older. All operators 14 to 16 years of age must be with an accompanying adult. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 552 (2)All operators under 18 years of age must pass an approved boating safety course. (3)Establish a headway speed within 100 feet of moored and anchored vessels, wharfs, docks, bulkheads, shores, piers and persons in the water. Establish a headway speed of 200 yards off of the Atlantic Ocean shoreline. (4)Prohibit wave jumping. (5)Establish a headway speed in nature reserves, such as marsh areas and primary nursery habitats. Ms. Robertson reported the regulations presented had proven to be successful in other states and had been enforced and upheld by the courts. The Commissioners were requested to authorize the County Attorney to develop an ordinance in conjunction with a Task Force appointed by the Board of County Commissioners to have a watercraft ordinance in place by May 1, 1997. She emphasized the importance of including representatives on the Task Force from Figure Eight Island, the Society for Masonboro, the National Audubon Society, UNCW Marine Resources, the U. S. Coast Guard, the N. C. Wildlife Commission, the personal watercraft industry, and concerned citizens. Discussion was held on enforcement. Ms. Robertson advised that the Wildlife Commission and U. S. Coast Guard has enforced watercraft regulations in other states. Mr. Scott Britt, a local personal watercraft dealer, spoke in favor of adopting a personal watercraft ordinance for New Hanover County to reduce the number of accidents occurring annually. He commented on the importance of this being a community-wide effort and requested the Board to consider appointing him to serve on the Task Force. Mr. Herb McKim, the Mayor of Wrightsville Beach, reported the Wrightsville Beach Board of Aldermen had discussed a personal watercraft ordinance for the past five years because of concern for reckless operation, disregard for marsh and primary nursery areas, and abuse of marine life. He advised the Aldermen would be in favor of developing a rational and logical ordinance to control personal watercraft in New Hanover County. Mr. Allen Toll, an attorney and citizen of New Hanover County, reported on the danger of personal watercraft to swimmers, and he urged the Board to adopt an ordinance to better manage this type of watercraft. Mr. James T. Duncan, a native of Wilmington and avid boater, expressed concern for singling out personal watercraft users and recommended developing an ordinance that would apply to all boats. Ms. Mary Ann McFarland, Director of the Society for Masonboro Island, requested that a representative from this organization be included in the membership of the Task Force. Director of Emergency Management, Dan Summers, advised it would be helpful to require personal watercraft operators to wear a helmet and accompanying life vest. Consensus: After discussion of the need to develop personal watercraft regulations and appoint a Task Force to study the issue, it was the consensus of the Board to establish a Task Force comprised of representatives from the Figure Eight Island Board and Safety Committee, Society for Masonboro Island, National Audubon Society, UNCW Marine Resources, U. S. Coast Guard, Wildlife Resource Commission, Personal Watercraft Industry, and concerned citizens. The County Attorney and Clerk to the Board were NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 553 requested to prepare an ad to be reviewed by the Board for appointment of the Task Force. BREAK Chairman Greer called a break from 10:30 A.M. until 10:50 A.M. CONSIDERATION OF PAVING GORDON ACRES DRIVE Assistant County Manager Weaver reported the residents of Gordon Acres Drive had petitioned the Board to pave this road for eventual acceptance and maintenance by the N. C. State Highway System. The project would be performed in accordance with N.C.G.S. 153A-205, which would allow the County to improve the road and assess all property owners along the road to recover the costs. At least 75% of the property owners must agree to the tax assessment. Gordon Acres Drive is approximately 1/3 mile long and the paving project would cost approximately $60,000 for improvements, depending on engineering and drainage requirements. The following concerns were presented: (1) no budgeted funds for this type of project; (2) the County setting a precedent that could require more resources in the future; and (3) more work on the Engineering Staff, which is already overburdened. Commissioner Caster asked if the engineering services could be contracted out privately. County Manager O'Neal replied that engineering services could be contracted; however, the Engineering Staff would still be required to monitor the project. A lengthy discussion was held on the cost to each individual homeowner. It was estimated that each property owner would have to pay approximately $2,500. Ms. Barbara A. Cloyne, representing the residents on Gordon Acres Drive, requested an exact figure on the cost to each homeowner and the number of years that would be allowed for repayment so she could contact the neighbors to see if they were satisfied with the repayment schedule. Consensus: After further discussion, it was the consensus of the Board to defer action on this request until September 16, 1996. Staff was requested to prepare a recommendation reflecting the exact cost of the project, the actual number of property owners, development of an interest rate, and establishment of a repayment schedule so the actual cost per property owner could be determined before the Board rendered a decision. SECOND READING OF AN AMENDMENT TO CHAPTER 3, ANIMALS & FOWL, ARTICLE I, SECTION 3-16 Chairman Greer reported the proposed amendment did not receive a unanimous vote on the first reading; therefore, a second reading was required to officially adopt the ordinance. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the amendment to Chapter 3, Animals & Fowl, Article I, Section 3-16. Upon vote, THE MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone A copy of the amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 24. The amendment will be codified into the New Hanover County Code. APPROVAL OF LEGION STADIUM AGREEMENT County Manager O'Neal reported after discussion with the City, an agreement on the details for the shared use of Legion Stadium had been reached. He advised that the agreement had been approved by the City Council, and the Board had approved the concept in May 1996. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 554 Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the agreement as presented. Commissioner Barone inquired as to whether any changes had occurred since May? County Manager O'Neal responded no significant changes had occurred. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the agreement is on file in the Legal Department. PRESENTATION ON AUTOMATED CASE MANAGEMENT IN THE DEPARTMENT OF SOCIAL SERVICES (DSS) Director of Social Services, Wayne Morris, presented figures on the number of positions saved by the automated casement management program implemented by the Department of Social Services in 1990. As of July 1, 1996, DSS has 266 authorized positions, an increase of only 5% over a 5-year period representing 13 new positions. The automated system has greatly increased productivity and decreased the number of new employees. Director Morris complimented Mr. James Oxendine and Ms. Chris McNamee for the hours spent in administering the program, and the MIS Director and Staff for the hard work given to make this project a reality. In closing, Director Morris expressed appreciation to the Board of County Commissioners for appropriating funding in the amount of $500,000 over a period of five years and reported the program will more than pay for itself as evidenced by the savings in figures presented today. Chairman Greer commented on the recent DSS building expansion and asked why the reduction in employees had not decreased the space needs? Director Morris responded that space standards were established by the State for child protective services and foster care because of hands-on services that must be provided in these programs. However, in other programs, DSS can carry larger caseloads through automation with fewer employees. As the automation system continues to improve and State regulations become more simplified, some current employees can be moved into other programs without having to hire additional employees. Chairman Greer, on behalf of the Board, expressed appreciation to Director Morris and Director Clontz for the outstanding job performed in developing the automation program. STATUS REPORT ON HURRICANE BERTHA Environmental Waste Reduction Manager, Dennis Burks, reported approximately 20,000 tons of debris has been collected, and it appears that the contract with D&J Enterprises, Inc. will have to be extended beyond the expiration date of August 31, 1996. The N. C. Department of Transportation was designated to collect debris in the Castle Hayne/Wrightsboro area and satellite sites have been established to move more quickly with the collection process. Overall, the debris removal process has gone well and the process should be completed by the first or second week in September. Commissioner Barone complimented D&J Enterprises, Inc. for performing an excellent job in removing debris in her community. The streets were cleaned and swept with very little damage to paved driveways or the pavement. Discussion was held on whether the State of Emergency should be discontinued. Director of Emergency Management, Dan Summers, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 555 requested the Board to allow the State of Emergency to remain in effect in order to have ample time to comply with FEMA regulations regarding FEMA reimbursement for costs associated with Hurricane Bertha. Appreciation was expressed to Ms. Dottie Ray, the Grants Coordinator, for the excellent job performed in processing the necessary paperwork to receive FEMA reimbursement. Mr. Phil Kouwe, Fire Services Administrator, reported the purpose of the burning ban was to avoid air quality problems. If the ban had not been in effect, massive burnings could have occurred and created serious air quality problems for persons with respiratory disorders. Calls have been received from angry citizens about not being able to burn debris, but Staff feels at this time, the ban should remain in effect to protect the public health and safety of the citizens. Mr. Kouwe commented on the conflict between the County issuing a burning ban and State Statutes governing the issuance of controlled burning permits by the N. C. Forestry Service. Due to the manner in which the State Statutes are written, the N. C. Forestry Service can issue a controlled burning permit when the County has issued a burning ban. He recommended introducing legislation that will clearly define this area of conflict. Mr. Mike Hardison, the local representative of the N. C. Forestry Service, advised that any resident of the unincorporated County could obtain a permit from the Forestry Service to perform a controlled burn. After contacting the Attorney General's Office, it was concluded that a controlled burning permit could be obtained; however, before the permit could be issued, the individual would have to sign a document stating that he or she was aware that a burning ban was in effect and would be subject to any fine or punishment for violation of the County ordinance. Further discussion was held on the issuance of burning permits by the N. C. Forestry Service. Mr. Hardison presented the following guidelines: (1)If a person is conducting a controlled burn operation between midnight and 4:00 P.M. within 500 feet of a protected woodland, a burning permit must be obtained. (2)From 4:00 P.M. until midnight no burning permit is required because the humidity is going up and the temperature is coming down. (3)If you are burning within 100 feet of an occupied dwelling, a burning permit is not required. Chairman Greer recommended lifting the burning ban. Motion: Vice-Chairman Mathews disagreed with Chairman Greer and MOVED, SECONDED by Commissioner Sisson to allow the burning ban to remain in effect. Upon vote, the MOTION FAILED TO CARRY AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to remove the burning ban effective August 19, 1996. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 556 Voting Nay: Commissioner Sisson Vice-Chairman Mathews Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Burks and the Environmental Management Department for an excellent job in handling the removal of debris after Hurricane Bertha. APPROVAL OF FUNDING REQUEST FOR AMATEUR RADIO EMERGENCY SERVICES ANTENNA AND APPROVAL OF BUDGET AMENDMENT 97-0027 Director of Emergency Management, Dan Summers, reported the volunteers of the Amateur Radio Emergency Services (ARES) had provided invaluable communication resources and capabilities to the citizens of New Hanover County during times of natural or technological disasters. He stated the volunteers had requested funding in the amount of $7,500 for placement of an antenna and related equipment on the Flemington Tower to improve the reliability of this emergency service. After review, Staff feels the funding request should be approved. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve a funding request in the amount of $7,500 and the associated Budget Amendment to the New Hanover County Amateur Radio Emergency Services for placement of an antenna and related equipment on the Flemington Tower. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #97-0027 Non-Departmental Communications Tower Debit Credit Non-Departmental Contingencies $7,500 Communications Tower Capital Outlay - Equipment $7,500 Purpose: To transfer funds from contingencies for installation of an antenna on the Flemington Tower for ham radio operators. Commissioner Caster commented on purchasing emergency generators and cautioned going too frequently to FEMA for reimbursement. Director Summers responded that FEMA would not reimburse the County for the purchase of generators; however, FEMA would reimburse the County for rental fees. Commissioner Barone reported Staff should consider renting the generators with development of supplier contracts at a small remuneration to guarantee that New Hanover County will have access to rental generators during emergency situations. Director Summers agreed with Commissioner Barone, but stated at some point a commitment of funds must be made by the County because a Presidential Disaster Declaration may not apply to every emergency event. COMMITTEE APPOINTMENTS Reappointment of Josephine W. Little to Serve on the Domiciliary Home Community Advisory Committee Chairman Greer announced there was one vacancy on the Domiciliary Home Community Advisory Committee, and reported two applications had been received with one of the applicants, Josephine W. Little, being eligible for reappointment. Chairman Greer opened the floor to receive nominations. Commissioner Barone nominated Dora Cameron. The NOMINATION DID NOT RECEIVE A SECOND. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 557 Chairman Greer closed the nominations. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to reappoint Josephine W. Little to serve a three-year term on the Domiciliary Home Community Advisory Committee with the term to expire August 31, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. Reappointment of Russell B. Long, Sr. and Harry Dorsey to Serve on the New Hanover County Board of Examiners of Electricians Chairman Greer announced there were two vacancies on the New Hanover County Board of Examiners of Electricians and reported no applications had been received; however, Russell B. Long, Sr. and Harry Dorsey had agreed to serve another term. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to reappoint Russell B. Long, Sr. and Harry Dorsey to serve two- year terms on the New Hanover County Board of Examiners of Electricians with the terms to expire September 2, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover County Board of Fire Commissioners Chairman Greer announced there were two At-Large Community Representatives and two At-Large Volunteer Fire Department Representatives on the New Hanover County Board of Fire Commissioners. He reported that three applications had been received for the At-Large Community Representatives and two applications had been submitted by the Volunteer Fire Departments for the two At-Large Fire Department Representatives. He stated that two other applications had been received after the August 7, 1996, deadline from Wayne L. Hartsell, Sr. and Michael L. Garner. Direction was requested from the Board as to whether these applications should be considered in the appointment process. Discussion was held on whether Dennis J. Pinho was eligible for reappointment. Commissioner Sisson advised that after review by the Board of Fire Commissioners it was felt that he was eligible for reappointment. Commissioner Barone disagreed and stated the Fire Commission By-laws clearly state that a person is not eligible for reappointment after serving two consecutive terms. Since Mr. Pinho has served two consecutive terms, he would not be eligible for reappointment. She reminded the Board that when Mr. Pinho was reappointed for the second term, it was agreed by the Board that his term would expire in July and he would not be eligible for reappointment. Mr. Mike Garner, Assistant Chief of the Seagate Volunteer Fire Department, commented on his late application and advised that many of the Chiefs of the Volunteer Fire Departments did not receive the applications in time to distribute them to the members of the departments. He requested the Board to consider his application since there was not enough time to file an application before the deadline. Clerk to the Board, Lucie F. Harrell, advised that applications were forwarded to the Chiefs of each Volunteer Fire Department well in advance of the deadline for receiving applications; however, due to the change in the by-laws during the appointment process, the Chiefs may not have recruited applicants in a timely manner. She stated the Board may wish to make an exception in this case and accept the two late applications. Commissioner Sisson agreed and recommended accepting the two applications. Consensus: After discussion, it was the consensus of the Board to accept the applications from Wayne L. Hartsell, Sr. and Michael L. Garner. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 558 Chairman Greer opened the floor to receive applications for the At-Large Community Representatives. Commissioner Caster nominated Frederick M. Worsh and Wayne L. Hartsell, Sr. The nominations were seconded by Commissioner Barone. There being no other nominations for the At-Large Community Representatives, Chairman Greer closed the nominations. Vote: Chairman Greer called for a vote on the appointment of Wayne L. Hartsell, Sr. and Frederick M. Worsh to serve three-year terms on the Board of Fire Commissioners as the At-Large Community Representatives with the terms to expire July 1, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the floor to receive nominations for the At-Large Volunteer Fire Department Representatives. Vice-Chairman Mathews nominated Dominic A. Bianco and Wilbur Davis. The nominations were seconded by Commissioner Barone. Commissioner Barone nominated Michael L. Garner. Chairman Greer seconded the nomination. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Dominic A. Bianco to serve a three-year term on the Board of Fire Commissioners as an At-Large Volunteer Fire Department Representative with the term to expire July 1, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Chairman Greer Vote: Chairman Greer called for a vote on the appointment of Wilbur Davis to serve a three-year term on the Board of Fire Commissioners as an At-Large Volunteer Fire Department Representative with the term to expire July 1, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Vote: Chairman Greer called for a vote on the appointment of Michael L. Garner. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Barone Chairman Greer Voting Nay: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Discussion was held on receiving committee applications after the advertised deadline. Clerk to the Board, Lucie F. Harrell, recommended non-acceptance of any applications received after the deadline in order to avoid any inequities in future appointments to all boards. She advised that appointments to the Board of Fire NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 559 Commissioners had been an exception because of the changes that occurred in the By-laws during the appointment process. Consensus: It was the consensus of the Board that no committee applications would be considered if the forms were not received in the Governing Body Office by the advertised deadline. Appointments to the New Hanover County Library Advisory Board Chairman Greer announced there were four vacancies on the New Hanover County Library Advisory Board and reported five applications had been received with one applicant, Jane C. Gregory, desiring to be reappointed. He also reported that one application had been received after the deadline of August 7, 1996, in the name of Mary E. Hatcher. He requested direction from the Board. Commissioner Sisson advised that Ms. Hatcher was currently serving on the Southeastern Center Board of Directors, therefore, the Board may wish to consider other applications. Chairman Greer opened the floor to receive nominations. Commissioner Caster nominated Jane C. Gregory for reappointment. Commissioner Barone seconded the nomination. Commissioner Barone nominated Fletcher C. Eddens. The nomination was seconded by Vice-Chairman Mathews. Commissioner Sisson nominated Nancy Colbert. The nomination was seconded by Commissioner Caster. Vice-Chairman Mathews nominated Thomas A. Price, Jr. The nomination was seconded by Commissioner Barone. Commissioner Barone nominated C. Elizabeth Gaffney. The nomination was seconded by Vice-Chairman Mathews. Vote: Chairman Greer called for a vote on the reappointment of Jane C. Gregory to serve a three-year term on the Library Advisory Board with the term to expire August 31, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner Sisson Vice-Chairman Mathews Vote: Chairman Greer called for a vote on the appointment of Fletcher C. Eddens to serve a three-year term on the Library Advisory Board with the term to expire August 31, 1996. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson Vote: Chairman Greer called for a vote on the appointment of Nancy Colbert. Upon vote, the MOTION FAILED TO CARRY BY THE FOLLOWING VOTE: Voting Aye: Commissioner Sisson Commissioner Caster Voting Nay: Commissioner Barone Vice-Chairman Mathews Chairman Greer NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 560 Vote: Chairman Greer called for a vote on the appointment of Thomas A. Price, Jr. to serve a three-year term on the Library Advisory Board with the term to expire August 31, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vote: Chairman Greer called for a vote on the appointment of C. Elizabeth Gaffney to serve a three-year term on the Library Advisory Board with the term to expire August 31, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Caster Chairman Greer Reappointment of Robert H. Williams and Appointment of Rhonda F. Beck to Serve on the New Hanover County Board of Mechanical Examiners Chairman Greer announced there were two vacancies on the Board of Mechanical Examiners, in the categories of a Mechanical Journeyman, Class III and a Mechanical Journeyman, Class I. Two applications have been received and one of the applicants, Robert H. Williams, would like to be reappointed. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to reappoint Robert H. Williams to serve a two-year term on the Board of Mechanical Examiners as the Mechanical Journeyman, Class III, and appoint Rhonda F. Beck to serve a two-year term on the Board of Mechanical Examiners as the Mechanical Journeyman, Class I. The terms will expire August 31, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Michael V. Chavis to Serve on the WASTEC Commission Chairman Greer advised that only one application had been received to fill the vacant position on the WASTEC Commission after re-advertising for applications. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to appoint Michael V. Chavis to serve a three-year term on the WASTEC Commission with the term to expire March 1, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 12:09 P.M. until 1:15 P.M. to hold a Regular Meeting of the Water and Sewer District. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Working with Schools to Develop Joint Recreational Facilities Commissioner Sisson reported after discussion with the Parks Director, the County should be involved with the design of the new schools because the schools are used as emergency shelters and the recreational facilities are often shared. He encouraged the Board to develop a policy that will provide for joint use of the schools and athletic fields. County Manager O'Neal reported the Board of Education had been informed about developing a policy for joint use of schools facilities; however, no response had been received. He advised that Staff would continue to pursue this issue. Work Session Scheduled to Discuss Environmental Concerns in New Hanover County Vice-Chairman Mathews commented on attending a meeting with the Environmental Enforcement Unit of the Sheriff's Department and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 561 reported problems were being experienced in the unincorporated County with condemnation of burned buildings or hazardous structures. He requested County Attorney Copley to comment on this matter. County Attorney Copley advised when the house burned at King's Grant the Environmental Enforcement Unit had no mechanism in place to tear down the property because the County does not have a minimum housing code. At the meeting referenced by Vice-Chairman Mathews, Judge Hockenbury recommended establishing an Environmental Court. She advised a local bill could be prepared to establish an Environmental Court in New Hanover County that would address cases involving violation of the Litter Ordinance or any other environmental concerns, such as demolition of hazardous structures. Consensus: After discussion, it was the consensus of the Board to schedule a Work Session on Thursday, October 3, 1996, at 10:00 A.M. in Room 501 of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to discuss the possibility of establishing an Environmental Court in New Hanover County and discuss other environmental ordinances. Discussion of Heating and Cooling System in New Hanover County Courthouse Vice-Chairman Mathews inquired as to whether the cooling system was working in the Assembly Room, and stated if not, Staff should contact the contractor who installed the system to see if the system could be fixed. County Manager O'Neal advised that he would check with Property Management about the system; however, he felt too much time had lapsed for the contractor to be held responsible for repairing the system. Discussion of School Crossing Guards A lengthy discussion was held on the provision of School Crossing Guards. County Manager O'Neal advised that Sheriff McQueen has agreed to provide the service if the City would not provide the service. He recommended allowing the service to be provided by the Sheriff's Department within the City Limits, not by the Wilmington Police Department. Discussion was held on when the City decided not to fund the School Crossing Guards. County Manager O'Neal reported in the 1989-90 Budget, the City decided not to fund the School Crossing Guards. Because of concern for the safety of children, the County Manager at that time recommended paying the City $48,000 to provide School Crossing Guards. A year later, the matter was reviewed, and the County provided $48,000 to the Board of Education for a period of five years. The Board of Education funded the positions and contracted with the City to provide the service. The contract expired this year, and the Board of Education decided to discontinue the contract with the City. The Board of Education felt that the provision of School Crossing Guards was a municipal responsibility; however, the City does not feel it should be responsible for providing the service. Motion: After a lengthy discussion, Chairman Greer MOVED, SECONDED by Commissioner Caster to authorize the Sheriff to provide the service and bill the City for the service. Upon vote, the MOTION CARRIED UNANIMOUSLY. LUNCH Chairman Greer convened from Regular Session at 1:50 P.M. until 2:30 P.M. for lunch. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 562 County Manager Appointed as the Applicant's Agent for Hurricane Bertha Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to designate County Manager O'Neal as the Applicant's Agent for Hurricane Bertha. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of Legislative Goals for the N. C. Association of County Commissioners County Manager O'Neal advised that the deadline for submitting legislative issues to the Legislative Goals Committee of the N. C. Association of County Commissioners was September 10, 1996. He presented the following goals: A.Request the addition of the following sentence to the State Act pertaining to open fires: "No permit shall be issued under this Article inconsistent with or in violation of a declaration of a local State of Emergency enacted by a municipality or county pursuant to Chapter 166A." This legislation will address the current conflict between the County Burning Ban and the issuance of Controlled Burn Permits by the N. C. Forestry Service. B.Submission of special legislation for installment debt financing of Community College related projects. Commissioner Barone requested the Commissioners to review the proposed bills and other bills so the County could meet the September 10, 1996, deadline. Discussion of Sister City Community Relationship with Hannover, Germany County Manager O'Neal informed the Board that the Wilmington Sister City Commission had indicated a desire to explore joint participation in establishing the relationship with Hannover, Germany. He advised that he would discuss this matter with the City Manager and report back to the Board. Work Session Scheduled to Discuss the Proposal Submitted by the New Hanover Regional Medical Center Board of Trustees Consensus: It was the consensus of the Board to schedule a Work Session on Thursday, September 12, 1996, at 10:00 A.M. to discuss the proposal submitted by the New Hanover Regional Medical Center Board of Trustees to change the hospital to a non-profit corporation operating as a Community General Hospital. Employees Appreciation Day Scheduled for October 16, 1996 County Manager O'Neal announced that "Employees Appreciation Day" has been scheduled for October 16, 1996. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION FOR THE BOARD TO CONDUCT PERFORMANCE EVALUATIONS OF THE COUNTY MANAGER, COUNTY ATTORNEY, AND CLERK TO THE BOARD Chairman Greer requested a motion to convene from Regular Session to Closed Session to hold performance evaluations for the County Manager, County Attorney, and Clerk to the Board. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to convene from Regular Session to Closed Session to evaluate the performance of the County Manager, County Attorney, and Clerk to the Board pursuant to N.C.G.S. 143-381.11(6). Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 2:58 P.M. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, AUGUST 19, 1996PAGE 563 Chairman Greer reconvened to Regular Session at 3:40 P.M. and reported that Performance Evaluations had been delayed until September 16, 1996, because the Board needed to discuss the pay plan with the Director of Human Resources. Commissioner Caster requested the County Manager to prepare an agenda that will allow ample time for the evaluations to be performed on the 16th of September. ADJOURNMENT Chairman Greer adjourned the meeting at 3:45 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board