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2004-03-08 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 8, 2004PAGE 929 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 8, 2004, at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Robert G. Greer; Vice-Chairman Julia Boseman; Commissioner William A. Caster; Commissioner Ted Davis, Jr.; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the Board, Teresa P. Elmore. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE The Reverend Paul Waters, Pastor of Myrtle Grove Baptist Church, gave the invocation. Vice-Chairman Boseman led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. After hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following minutes: Regular Meeting, February 2, 2004 Closed Session, January 5, 2004 Closed Session, January 20, 2004 Closed Session, February 2, 2004 Closed Session, January 21, 2003 Adoption of Resolution Requesting NCDOT to Add Passage Gate Way, in Crown Ridge at Tidalholm Subdivision to the State Highway System The Commissioners adopted a Resolution requesting NCDOT to add Passage Gate Way, in Crown Ridge at Tidalholm Subdivision (Div. File No: 1043-N), to the State Highway System, as the street meets the State road criteria. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 25.1. Approval of Grant Application for Criminal Justice Partnership Program (CJPP) FY 2004-2005 The Commissioners approved a grant application for the Criminal Justice Partnership Program for FY2004- 2005. Grant funding in the amount of $141,515 from the State is provided annually to cover the cost of the Day Sentencing program and partially fund the Pretrial Release program. There is no required County match for these funds. The Pretrial Release program is coordinated through the County Manager's Office, while the Day Sentencing Center is operated through contract with Coastal Horizons. The Day Sentencing Center provides judges with an intermediate sentencing option for those sentenced for lesser crimes, saving the valuable prison space for dangerous felons. The Board authorized the acceptance of the grant when awarded and approval of necessary budget amendment. Approval of Funding Recommendations from the Juvenile Crime Prevention Council for Department of Juvenile Justice and Delinquency Prevention Funds for FY 2004-2005 The Commissioners approved funding recommendations for the Department of Juvenile Justice and Delinquency Prevention Funds for FY 2004-2005. The Juvenile Crime Prevention Council (JCPC) is responsible for making recommendations to the Commissioners for funding provided by the Department of Juvenile Justice and Delinquency Prevention (DJJDP) on an annual basis. The following recommendation will be submitted to the State for final approval: Psychological Services (SEMH) $114, 862 Home-Based Services (SEMH) 90,000 Juvenile Day Treatment Center 203,045 Teen Court 30,000 Administrative 13,000 Total $450,907 Acceptance of Partnership for Children Grant Funds and Approval of Budget Amendment 04-0159 for the Library - 6115 Partnership for Children The Commissioners accepted grant funds from the State Partnership for Children Program in the amount of $44,000. The Library received a final budget and contract for the New Hanover County Partnership for Children, which will be used to provide library services to child care centers in New Hanover County. The following budget amendment was approved: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 8, 2004PAGE 930 Budget Amendment 04-0159 for the Library - 6115 Partnership for Children Adjustment Debit Credit Partnership for Children Grant $44,000 Temporary Salaries $32,533 Social Security Taxes $ 2,489 Departmental Supplies $ 503 Employee Reimbursements $ 1,382 Postage Expense $ 160 Printing Charges $ 300 Dues and Subscriptions $ 65 Books and Periodicals $ 6,568 Explanation: To budget an additional $44,000 received from the Partnership for Children Grant Program. Approval of Cape Fear Museum’s Application for Grassroots Arts Grants The Commissioners authorized the Cape Fear Museum to apply as the designated partner for sub-granting funds designated to New Hanover County for Grassroots Arts Grants. If approved, the Museum will manage the Grassroots Arts Grants distributed by the NC Arts Council to New Hanover County. The request is for approximately $22,000 with 90% to be distributed as sub-grants to local 501(c)(3) arts organizations which meet review standards established by an objective committee of reviewers. Ten percent will be used to offset costs of administration and to secure an intern from the UNCW Public Administration graduate program. The Museum Director will be the designated manager. The Commissioners authorized acceptance of the funds and approval of associated budget amendment if the grants are awarded. Approval of Budget Amendment # 04-0158 General Government - Room Occupancy Tax The Commissioners approved the following budget amendment: Budget Amendment # 04-0158 General Government - Room Occupancy Tax Adjustment Debit Credit Room Occupancy Tax First 3%: ROTS Collection Fees $ 11,500 ROTS - Carolina Beach $ 358,266 ROTS - Wrightsville Beach $ 790,298 ROTS - Kure Beach $ 0 ROTS - Wilmington $1,269,048 Contracted Services $ 11,500 TDA - 2nd 3% Carolina Beach $ 358,266 TDA - 2nd 3% Wrightsville B. $ 790,298 TR - Wilmington Special Acct. $1,269,048 Room Occupancy Tax 2nd 3%: ROTS Collection Fees $ 11,500 ROTS - Carolina Beach $ 358,266 ROTS - Wrightsville Beach $ 790,298 ROTS - Kure Beach $ 0 ROTS - Wilmington $1,269,048 Contracted Services $ 11,500 TDA - 2nd 3% Carolina Beach $ 358,266 TDA - 2nd 3% Wrightsville B. $ 790,298 Special Account Wilmington $1,269,048 TDA - 2nd 3% Kure Beach $ 0 Explanation: To adjust budget for Room Occupancy Tax in accordance with direction from auditors. Approval of Budget Amendment 04-0161 Department of Social Services - Child Day Care The Commissioners approved the following budget amendment: Budget Amendment 04-0161 Department of Social Services - Child Day Care Adjustment Debit Credit Child Day Care: Office Day Care Services $638,480 Day Care Services $638,480 Explanation: To budget an additional $638,480 for child day care services. Original projected estimate was that the County would have a $1 million shortfall if additional funds were not received. This additional funding will reduce the projected shortfall to $354,000. The County will learn whether there is any additional child day care funding in March, 2004. The County initiated a waiting list last summer for day care; there are currently 390 children on the waiting list. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 8, 2004PAGE 931 Approval of Budget Amendment 04-0162 - Sheriff’s Office The Commissioners approved the following budget amendment: Budget Amendment 04-0162 - Sheriff’s Office Adjustment Debit Credit Administration: Other $4,425 Motor Vehicle Purchases $4,425 Explanation: To budget insurance proceeds for vehicle purchases. REGULAR ITEMS OF BUSINESS INTRODUCTION OF LESLIE STANFIELD, DIRECTOR OF INFORMATION TECHNOLOGY (IT) County Manager O’Neal introduced Ms. Leslie Stanfield, the new Director of IT, and presented background information on her career and accomplishments. Ms. Stanfield is a graduate of East Carolina University and holds a Masters Degree in Business Administration. She is the former Management Information Systems Director of Johnston County with thirteen years experience in local government technology. She is married to Landis Stanfield and has three sons. In concluding his remarks, County Manager O’Neal stated that Staff was looking forward to working with Ms. Stanfield in continuing the advancement of technology in New Hanover County. Director Stanfield stated that she is excited about working in New Hanover County and looking forward to working with staff and the Commissioners. On behalf of the Board, Chairman Greer welcomed Ms. Stanfield to New Hanover County and wished her success in her position. Chairman Greer also welcomed Sheila Schult sitting in the audience. Ms. Schult will replace Lucie F. Harrell as Clerk to the Board upon Ms. Harrell’s retirement. ADOPTION OF PROCLAMATION DECLARING MARCH 2004 AS WOMEN’S HISTORY MONTH Chairman Greer read the proposed proclamation declaring March as Women’s History Month and called for a motion to adopt. Motion: Vice-Chairman Boseman MOVED, SECONDED by Commissioner Pritchett, to adopt the Proclamation declaring March as Women’s History Month. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer presented the proclamation to Ann Seymour of the Commission for Women and to several local Girl Scouts attending the meeting. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 25.2. PUBLIC HEARING TO CONSIDER A PROPOSED ECONOMIC DEVELOPMENT INCENTIVE GRANT TO CELLCO PARTNERSHIP Chairman Greer opened the public hearing to hear comments on the County’s proposal for an economic development grant to Cellco Partnership. Scott Satterfield, Executive Director of the Wilmington Industrial Development (WID), and Jeremy Phillips, Director of Business and Development, presented the request for an economic development incentive program for Cellco Partnership d.b.a./ Verizon Wireless. Mr. Satterfield said the company is establishing a major financial service center and WID is competing to get the project for the area. The County’s economic development investment grant program will be instrumental and critical to the success of getting the company to come to the area. The company will staff at least 1,000 employees long term, most of whom will be local hires with a minimum starting salary of $25,000. Additionally, the company will provide generous health and medical benefits. When the proposed $20 million facility is fully staffed, its annual payroll will be $30 million. Verizon is a successful company that has 42,000 employees and 37. 5 million customers. Mr. Satterfield said that Dr. William Hall, Economist at the Cameron School of Business at UNCW, has noted that a company considering an operation of this size would have an annual output impact of well over $300 million in New Hanover, Pender and Brunswick Counties. Based on the expected tremendous economic benefit of Verizon Wireless on the region and the competitive nature of the project, Mr. Satterfield recommended that the Board approve the economic incentive grant not to exceed $1.5 million, payable over a period of seven years, with a maximum of $215,000 per year and assistance with expediting County permitting and building inspections services. He expressed appreciation for the Board’s consideration of the very important economic project. Commissioner Caster said he fully supported WID’s efforts to get the new business that would not only benefit New Hanover County but the whole region. He spoke on the importance of Dell Labs to the region. Commissioner Davis expressed appreciation to Mr. Satterfield and Mr. Phillips for their efforts in recruiting a good, environmentally clean business that will benefit not only New Hanover County but the region. He noted that NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 8, 2004PAGE 932 $215,000 per year is a lot of money, but the return on the investment will be tenfold. Commissioner Pritchett thanked Mr. Satterfield for recruiting a company of this caliber for the people of New Hanover County. She said that property taxes for the business alone will recover the investment of the County without considering the investments made by the 1000 employees. Hearing no other comments, Chairman Greer closed the public hearing and read the proposed resolution. He called for a motion to adopt. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the resolution approving the economic incentive grant for Cellco Partnership. 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 XXVIII, Page 25.3. Chairman Greer expressed appreciation to Mr. Satterfield and Mr. Phillips for working on the proposal and wished them success in bringing the company to Wilmington. He spoke on the importance of the proposal for the County and region. Vice-Chairman Boseman thanked the Wilmington Industrial Development for their efforts in bringing new jobs to the County. Second only to educating our children, bringing jobs to the County is a very important issue for the Commissioners. She encouraged WID to continue its task of bringing good businesses to the area. PUBLIC HEARING TO CONSIDER A REQUEST BY MICHAEL NADEAU FOR IDA GUTHERIE HEIRS TO REZONE APPROXIMATELY 0.88 ACRE LOCATED AT 142 GORDON ROAD, FROM R-15 RESIDENTIAL TO I-2 HEAVY INDUSTRIAL (Z-773, 02/04) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make a presentation. Planning Director Hayes presented a map and slides of the site and surrounding properties and reported that the petitioner is requesting the Board to rezone approximately 0.88 acre at 142 Gordon Road. The property is located at the intersection of Gordon Road, Blue Clay Road and Twenty-third Street and is classified as Urban Transition. The I-2 Heavy Industrial Zoning District was established in 1972. A large industrial building occupies the majority of the I-2 district south of Gordon Road. Some of the residential lots including the subject property extend outside the 225 foot district boundary creating lots with Residential and Industrial zoning. The petitioner is requesting a rezoning of the frontage of the subject parcel from R-15 Residential to I-2 Heavy Industrial consistent with the zoning on the rear portion of the parcel. The property is bounded on the southeast side by rail lines that run along Blue Clay Road and Division Drive. The property across Division Drive is zoned AI Airport Industrial and is the current location of a State operated prison. The parcels on the east side of Twenty-third Street across from the subject property are zoned AI Airport Industrial, and the northwestern quadrant of the intersection across Gordon Road is still zoned R-15 Residential. The realignment of the intersection has also affected the desirability of the property for residential use. Given the surrounding land uses, the busy intersection, and other limitations on the subject property, Planning Staff recommended approval. The Planning Board voted 6-0 to recommend approval of the rezoning request at its February meeting. The Planning Board also recommended rezoning the resulting remnant portion of the right-of-way in the southeastern corner from R-15 to I-2 as well. No one spoke in support or opposition to the request. Commissioner Davis asked the County Attorney if rezoning the resulting remnant of the right-of-way from R-15 to I-2 would present a legal problem. County Attorney Copley responded that rezoning the remnant areas should not be a problem. Planning Director Hayes agreed saying that typically the rights-of-way are rezoned as well and this rezoning would eliminate residential use of the property if approved. Mike Nadeau of Creative Properties and representing the heirs of Ida Gutherie, said that the bulk of property was zoned I-2 and he requested that the remaining one-third acre, adjacent railway and right-of-way areas be rezoned to I-2. The Gutheries purchased the land in 1953 from the County, but changes to the surrounding area through the years have made the property unsuitable for residential use. Hearing no further comments, Chairman Greer closed the public hearing and requested direction from the Board. Motion : Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to approve rezoning 0.88 acre at 142 Gordon Road at the intersection of Gordon Road, Blue Clay Road and North Twenty-third Street, from R-15 Residential to I-2 Heavy Industrial, including the remnant portion of the right-of-way in the southeastern corner from R-15 to I-2, 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 9A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9A, Page 46. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 8, 2004PAGE 933 PUBLIC HEARING FOR CONTINUED ITEM FROM FEBRUARY 2, 2004 BOARD MEETING - A REQUEST BY ESTHER LEE FOR CHARLES FOY TO REZONE APPROXIMATELY 3.09 ACRES LOCATED IN THE 7700 BLOCK OF MARKET STREET NORTH OF MERCER MARINE FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-771, 01/04) Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to make a presentation. Planning Director Hayes said that Esther Lee, the adjoining property owner, petitioned to change the zoning for this property from R-15 to B-2 Business. At the last meeting the Board approved a Special Use Permit for a mixed- use development project on adjacent property that included commercial uses on the frontage and residential development to the rear. The Special Use Permit imposed conditions to provide an access easement from this property to Mr. Foy’s property, which currently does not have any known access. The Board deferred action on rezoning Mr. Foy’s property at the last meeting to allow Attorney Ken Shanklin to make another effort to contact the property owners in New York. County Attorney Copley reported that information from Mr. Shanklin’s office was faxed to the Commissioners earlier in the day. Ken Shanklin, representing the applicant Esther Lee, stated that he had sent a letter to Jonathan F. Foy and Charles Foy in Bronx, NY on February 17, 2004, by certified mail with return receipt requested. He also sent a first class envelope addressed to the same men and it has not been returned. The certified mail returned receipt letter was returned back to his office as refused and unclaimed. He provided an affidavit signed by his paralegal Pam Craig affirming the attempts made to contact Messrs. Jonathan F. Foy and Charles Foy. The letter sent on February 17 included two previous letters sent. He did not know of anything more he could do to get a response from the owners and he has done everything the statutes require. A check sent to them was cashed, but no further response has been made. He requested the Board to include the Foy property in the rezoning to make the B-2 zoning area contiguous. Planning Director Hayes reminded the Board that the Planning Board had recommended to rezone the property B-2 to coincide with the existing commercial district on the north side. The back portion of the property would remain residential, but the new district boundary would encompass a portion of the property to the north and west. Mr. Shanklin agreed saying that the request was for the entire length to be rezoned to B-2 with the back portion to remain R-15. Motion : Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to approve rezoning approximately 3.09 acres in the 7700 block of Market Street to a depth of the zoning district line to the north from R-15 Residential to B-2 Highway Business. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Davis voted in opposition. Commissioner Davis said that he appreciated the efforts made by Mr. Shanklin in trying to contact the owners, but he did not believe government should rezone property unless the owner requested the rezoning. Commissioner Pritchett commented that the owners had an opportunity to provide a response and that she felt that their silence gives consent. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 49. CONSIDERATION OF REQUEST BY CITY COUNCIL TO RETURN TO THE CITY EXTRATERRITORIAL LAND USE REGULATION JURISDICTION IN AREAS ADJACENT TO THE CITY Chairman Greer reported that the Wilmington City Manager has requested to withdraw this item from the agenda. CONSIDERATION OF ADDITIONAL STAFF FOR THE INSPECTIONS DEPARTMENT Inspections Director Jay Graham stated that he needed nine additional positions for Code Enforcement Services of the Inspections Department because of increased construction activity. The additional staff would be funded from user fees generated from inspection fee revenue. There would be a reduction-in-force policy if fees do not support the positions. The following positions were requested: 2 Zoning Code Enforcement Officers, 1 Building Code Enforcement Officer, 1 Plumbing Code Enforcement Officer, 1 Mechanical Code Enforcement Officer, and 1 Electrical Code Enforcement Officer, 1 Code Administration Services Technician, 1 Assistant Chief Code Administration Services Code Official, and 1 Information Systems Support Specialist. The cost for the remainder of FY03-04 will be $91,523. FY04-05 cost is estimated to be $440,000. FY03-04 revenue is estimated to exceed expenditures by $400,000 and FY04-05 revenue is estimated to be at least equal to expenditures. Director Graham presented a historic overview of construction in New Hanover County since FY95-96, including a history of positions added and lost during the same time period. The County is projected to have $584 million of construction this year and if Verizon moves to the area, construction may be more than $600 million. He spoke on the importance of the Inspections Department as a marketing tool in getting industry to move to the area. He said that he has worked with Scott Satterfield and Wilmington Industrial Development in recruiting businesses to the area. He reported on the aggressive construction schedule of Mayfaire and the special efforts made by the Inspections Department to make it happen. Director Graham said his management team has continued to look at ways to reorganize and be more efficient. He believed his department was close to being over burdened, especially since he lost four positions through attrition during the past couple of years. He requested the Board to add the additional personnel. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 8, 2004PAGE 934 In discussion of the revenues generated by the fees, Director Graham explained that the fees pay for salaries, supplies, cell phones, computers, and other equipment. Building expenses are paid from the General Fund. Commissioner Caster spoke on the importance of the Inspections Department as a public safety program for the entire County since they perform fire inspections which safeguard people who support businesses in the County. He felt there was some rationale that building expenses and janitorial services for the department should be paid from the General Fund. Commissioner Davis commended the hard working employees of the Inspections Department and he asked what positions were lost to downsizing. Director Graham responded that he lost a Mechanical Inspector, who took early retirement for a medical disability; an Assistant Code Administration Services Chief, who moved away; an IT Support Specialist, who now supports all departments in the Annex; and a Plan Reviewer in the Zoning Division. Commissioner Davis asked what happens to remaining revenues after expenses are paid. County Manager O’Neal responded that remaining revenues are transferred to the General Fund Balance. Vice-Chairman Boseman spoke on the importance of the building industry to the economy of the area. She supported adding positions to help employees with their heavy work load. Motion : Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to approve the additional nine positions for the Inspections Department. In further discussion, Buck O’Shields, a local contractor and Chairman of the Inspections Department Advisory Committee, spoke on the efforts of the committee to improve the technology of the Inspections Department, which enables the construction industry to work on-line with the department. He complimented the Inspections Department at being one of the best in the State, and stated that the Advisory Committee supports adding the nine positions. Chairman Greer said that he realized the County is growing and the Inspections Department does a great job, but he could not support adding all nine position at one time. He had asked for a compromise, but he was told they needed all nine. Although these positions will be paid by fees collected by the department, he felt the funds should be used to cover other needs in the County. Commissioner Davis expressed concern for the taxpayers of the County. The Commissioners control tax increases by controlling the size of government thereby controlling its cost. He supported adding the four positions lost through attrition, but he did not see justification for adding all nine positions at a cost of $440,000. He felt that excess funds should go to the General Fund, Schools, or other needs in the County. Substitute Motion : Commissioner Pritchett MOVED, SECONDED by Chairman Greer, to approve adding five positions for the Inspections Department. Mr. O’Shields reiterated that tax money would not be used to pay for the additional employees. The salaries and expenses of the department are paid from inspection fees and permits. No other department in County government is self-supported through fees. The department also provides free inspections for the County, City, and other government entities at the expense of those who pay the fees. The building cost and janitorial services can be paid from the fees, but adjustments may need to be made to the fee schedules. Vice-Chairman Boseman pointed out that as more homes and buildings are built in the County, the revenue from ad valorem taxes increases. She expressed concern that some employees may leave County employment because of being over worked and builders may move to build in Brunswick and Pender Counties because of not getting the inspection services on a timely basis. She values the County employees and does not think Director Graham would be asking for positions unless he desperately needed them. Director Graham reiterated that current employees support a $420 million construction program. Replacing four positions will enable the department to handle the work load of a $420 million construction program, but not the anticipated $600 million program. The employees may be able to handle the work load for a short period of time, but they will need some help eventually. After adding two zoning positions, the County will have half the number of positions employed by the City of Wilmington to perform the same amount of work. The department also performs the City’s and County’s CAMA programs. Director Graham recognized his management team in the audience who prepared the department’s mission statement “to preserve and protect the lives and property of our community.” To fully perform the functions of the Inspections Department, he said that he needs all nine new employees. Without the extra help, more time will be required to complete inspections or employees may not do a good enough job, which will put the public at risk. Commissioner Pritchett said that she was reluctant to approve nine positions at this point because of not knowing whether Cellco Partnership will be moving to the County. She asked Director Graham to come back with his request after the decision is made by Cellco. Director Graham responded that regardless of whether Verizon comes to the County or not, he will still have a $600 million construction program to support. He said he would bring his request back to the Board at a later time. County Manager O’Neal spoke on the importance of the Inspections Department as a public safety division. The department has done a remarkable job under recent budget constraints, but he was concerned that without sufficient NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 8, 2004PAGE 935 help there would be poor construction oversight and a lack of quality construction that people have grown accustomed to or the builders will experience greater delays in construction, which will increase their costs. The quicker these inspections can be made, the quicker the projects will be on the tax rolls. He said a reduction in the work force will occur if construction projects slow down and fees decrease. The new employees will have to sign a waiver saying they understand their jobs will be eliminated if fees are not generated by the construction work. He urged the Board to add the nine positions. Chairman Greer said that the motion was for the approval of 5 positions. He suggested that Director Graham may want to come back in six months to say he still needs more people. A $600 million construction program is $50 million a month. In six months if fees can support a $300,000 program, he may be inclined to add more people, but he thinks adding five positions at this time will help the department until the Board can determine if additional employees are needed. Commissioner Pritchett agreed saying that if the department finds that five new employees are not enough, Director Graham should come back with another request. Commissioner Caster requested that the motion be amended to say that the Board will reevaluate the other four positions within the next six months. Chairman Greer said that the County will know by the end of the fiscal year whether an additional $400,000 has been transferred to the General Fund Balance. He and Commissioner Pritchett agreed to amend the motion. Director Graham pointed out that the County already has collected more than the projected $400,000 and it will take more than three months before individuals will be hired for these positions. Chairman Greer called for the vote on the substitute motion to add five employees for the Inspections Department and to reevaluate within the next six months to determine if additional employees are needed. Vote : Upon vote, the MOTION CARRIED UNANIMOUSLY. The following budget amendment was approved to add the five positions: Budget Amendment # 04-0152 - Inspections Department Adjustment Debit Credit Inspection Revenues $45,024 Salaries and Wages $18,449 Social Security Taxes $ 1,412 Medical Insurance Expense $ 5,600 LT. Disability Insurance $ 53 Uniforms $ 1,360 Telephone Expense $ 2,000 Departmental Supplies $ 7,800 Employee Reimbursements $ 2,150 Capital Outlay - Equipment $ 6,200 Explanation: To budget greater than anticipated inspection revenue for an additional five positions and related expenses in the Inspections Department. CONSIDERATION OF APPLICATION FROM SUPERIOR WASTE SERVICES, INC. FOR A SOLID WASTE FRANCHISE (SECOND READING) Assistant County Attorney Moore stated that Superior Waste Services, Inc., a new solid waste hauling company, has applied for the required County Solid Waste Franchise. The information required by the County Code has been provided to the Legal Department. The franchise application passed unanimously upon first reading and this is the second reading required per the State statute regarding franchises. Chairman Greer called for a motion to approve the franchise on the second reading. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to grant a Solid Waste Franchise to Superior Waste Services, Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF AMENDMENT TO THE COUNTY CODE OF ORDINANCES CHAPTER 5, ANIMALS, ARTICLE 1, SECTION 5-3, DUTIES OF ANIMAL CONTROL DIVISION Chairman Greer stated that the Animal Control Division issues pre-citations to anyone who is in violation of paying pet license fees. At one time the County had a problem sending bills to individuals who no longer owned the dogs or if the dogs had died. He asked whether the use of the new computer software program at Animal Control and the additional employee in the Attorney’s Office for collection of citations has removed the need for a pre-citation. He suggested that the process may need to be reviewed for a more effective way to handle violators without issuing a pre-citation. Animal Control Services Manager Jean McNeil replied that the County has issued the pre-citation since October 1999. Currently about 13,000 are issued each month, and most of the violators pay when they get the notice, as they may have been unaware of the fees. Only five of twenty-four veterinary offices collect the fees for the County and some may not inform the new pet owners of the fees. Also, sometimes the pet owner may get a three-year rabies vaccination and forget to pay the fee the next year. If pre-citation letters were discontinued, staff would not be able to process the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 8, 2004PAGE 936 volume of appeals. In discussion of the proposed amendment, Chairman Greer stated that the Board is requested to amend the County Code by allowing 20 days instead of 7 days to pay or appeal a citation from Animal Control. Furthermore, citations will be mailed by certified mail instead of registered mail with return receipt. Commissioner Davis asked whether the proposed changes in the notice requirement will result in any problems for the County. County Attorney Copley responded that the proposed changes will make the ordinance more consistent with other departments that issue citations and certified mailings would provide more appropriate notifications. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to amend the County Code of Ordinances, Chapter 5, Animals, Article 1, Section 5-3, Duties of Animal Control Division, as recommended by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 25.4. The amended ordinance will be codified into the New Hanover County Code of Ordinances. Commissioner Pritchett commented on the public not being sufficiently aware of the County’s pet regulations and she suggested an extensive public education campaign should inform people of the regulations. Manager McNeil responded that Animal Control also has lost a few employees through attrition and they have been unable to spend as much time as they would like on educating the public. Commissioner Pritchett suggested contacting UNCW to see whether an intern could help with a project. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 6:54 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 6:59 p.m. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. Johnnie Henagan, President of the Council of Neighborhood Associations (CONA), read a resolution adopted by CONA concerning the settlement agreement between Billy Earl, LLC et al and New Hanover County. The resolution requested the Commissioners to rescind or modify the settlement agreement of February 3, 2004, because CONA felt the safety and well being of the Beau Rivage development had been seriously compromised by certain provisions of the agreement. Mr. Henagan commented that several residents from the Beau Rivage community were in the audience and they stood in support of the CONA resolution. Chairman Greer expressed concern that the residents of Beau Rivage may have been misinformed concerning the results of the settlement. In his opinion the Board made the best decision for the residents in Beau Rivage by settling the lawsuit with the developer, which limited the density in the development. If the lawsuit had gone to court the ruling either for or against the County would have resulted in increased density in the development. Mr. Henagan responded that CONA was concerned not only for the people in Beau Rivage but for setting a precedent for the entire county. Chairman Greer explained that no precedent was set because it was a legal matter that could have gone to court and changed a previous decision made by the Board. The settlement does not set a legal precedent for the County because the Commissioners will not base future decisions on the outcome of this issue. Brett Waress, representing the Archmil Homeowners Association, spoke on the concerns of the residents in Archmil Place that were raised seven months ago. The residents have significant problems concerning the wells installed by the developer Archie McGirt. The wells are filled with sand and sediment and have tested positive for coliform bacteria. Furthermore, the developer installed fire hydrants that do not have a water source. On October 3, 2003, the County recognized the deplorable conditions of the water and found the developer in violation of County ordinances. The County ordered the developer to finish the underground water system that he had abandoned and to connect Archmil Place to the City’s water supply. He was ordered by the County to complete within 90 days, which expired January 2, 2004. The Zoning Board gave the developer a continuance because he promised to complete the work. The County had the developer sign a contract to finish the work by April 25. Mr. Waress said that although the developer has pledged to do the work, he has not yet begun. In the meantime, Mr. McGirt continues to work on his new development. The community was concerned that the developer will ask for another continuance while the families continue to buy bottled drinking water, drain sand from water heaters, and contend with inoperable fire hydrants. The residents have asked the developer to correct these problems for the past 2 ½ years and the County has told the developer that he is responsible to connect the subdivision to the City water system. He requested the Board to allow the Water and Sewer District to perform the work and have the developer reimburse the District so that the neighborhood can get safe drinking water and fire hydrants that work. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 8, 2004PAGE 937 Chairman Greer expressed regret that the residents of Archmil Place are still having to deal with these problems. Commissioner Caster spoke of an e-mail the Commissioners received from Sharon LaCouture, a resident of Archmil Place, concerning the issue of non-working fire hydrants. He had informed her that Myrtle Grove Fire Department was aware of the problem and they would use trucks with water tanks in case they are called to the neighborhood. The fire hydrants should be covered and he asked the residents to notify the County Fire Administrator if the fire hydrants remain uncovered. Bernardino Barini, a resident of Archmil, responded that Mr. McGirt was told to cover the fire hydrants in 1999. On December 4, 2003, the County Fire Marshal notified Mr. McGirt again, but the fire hydrants remain uncovered. He resented that Mr. McGirt totally ignored the County’s requirements. Commissioner Caster asked whether the homeowners association had filed a lawsuit against the developer. Mr. Waress responded that a lawsuit was filed by the homeowner association, but a judge dismissed the case because it was not a unanimous decision of the homeowners since the developer was a member of the homeowners association. Vice-Chairman Boseman asked whether the County could make the improvements for Mr. McGirt. Assistant County Attorney Moore responded that the County has a binding contract with the developer and can go to court to force Mr. McGirt to do the work. The developer received a citation from Zoning Enforcement, which required him to connect the subdivision to City water. Although he appealed the decision to the Zoning Board, he could have gone to court where the issue could have been held up. County Engineering had tried to hire a contractor to perform the work, but nobody responded to the request for bid. County Manager O’Neal responded that the County should resume the search for a contractor immediately, but he did not want to preempt the developer from performing the work. In further discussion, the Commissioners agreed that the County should proceed in hiring a contractor to perform the work if the project has not started by the deadline of April 25. The County would go to court to get payment if necessary. Commissioner Pritchett assured the residents that the fire department was aware of the non-working fire hydrants and that tanker trucks will respond to any calls from the neighborhood. Paul Vakassian, a resident of Beau Rivage, spoke on the deep concern of the Beau Rivage community for a provision in the settlement agreement. Although they welcome and encourage development in their neighborhood, they wanted to keep the established tone and quality of the community. After studying the settlement agreement the neighborhood was concerned that the County Attorney and Commissioners were misled about the developer’s intent and he was given a free hand to do as he desired. Also they were concerned that the Board was setting an unusual precedent which could lead to safety concerns and technical issues for future homes in Beau Rivage Plantation. He strongly urged the Board to rescind or modify the language in the settlement agreement which takes away the authority of the TRC, Planning Board, and Commissioners. He objected to the developer building an additional 530 houses in a small area which will result in safety and traffic concerns for the neighborhood. He argued that the neighborhood did not have enough open space. Martin Codd, a resident of Beau Rivage, said he was concerned about the lack of zoning in the County. He did not understand why he was required to have a 15,000 square foot lot and across the street from his house the lots were 6,000 square feet. He argued that the golf course space was not free and open space. Chairman Greer said that he was sorry the residents of the community had a misconception of the settlement agreement. Although some errors existed in the Zoning Ordinance, changes have been made which addressed the concerns of the residents in Beau Rivage and should prevent similar situations from happening again. The Board tried to interpret the regulations as best as it could. Due to several lawsuits concerning development in Beau Rivage, the County Attorneys advised that the rulings could hurt the residents of Beau Rivage. The settlement agreement allows an additional thirteen units to be developed, whereas the courts could have allowed several hundred additional units. The Commissioners thought the settlement was the most prudent outcome for the residents and it does not set a precedent for the County. He did not believe the County should go back on its agreement as CONA and the residents have requested the Board to do. Vice-Chairman Boseman commented that her parents and other people living in Beau Rivage had relied on promises made by the original developer Eddie Lewis. After he died, the family who inherited the property had other intentions. ADDITIONAL ITEMS Discussion of Dates for Meeting with Local Legislative Delegation County Manager O’Neal announced that the Board wanted to schedule a dinner meeting with the local legislative delegation before the General Assembly goes back into session on May 10, 2004. Consensus : After discussion of several suggested dates, it was the consensus of the Board for the County Manager to schedule a dinner meeting with the local delegation on either April 12, 13, or 27. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 8, 2004PAGE 938 Announcement of County Winning City/County Golf Tournament County Manager O’Neal announced that in the Fall of 2003 the County won its first City/County Golf Tournament in the six years of competition. The annual event between City and County employees raised a substantial amount of money for United Way. He said that the winner’s plaque will be displayed in the Commissioners office. Chairman Greer expressed appreciation to Finance Director Shell for his work in putting the tournament together for the County. Discussion of Taking Trash out of New Hanover County to Preserve Landfill Vice-Chairman Boseman commented on the need to preserve the life of the landfill during this time when the County is unable to burn all the trash coming into the Wastec Facility. She asked the status of the suggestion to take trash out of the County. County Manager O’Neal responded that Staff has discussed several options in making the operation more efficient. Further discussion will be held with the Commissioners during the budget process. Additional Items - Commissioner Pritchett Commissioner Pritchett stated that Azalea Pride has requested a waiver of tip fees for trash collected during the pre-festival clean up on March 27, 2004. The waiver has been granted for several years. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Davis, to approve the waiver of tip fees for the Azalea Pride. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Pritchett reported on the following items: •She attended the Council of Governments awards dinner and congratulated award winners Betty Grace of the Tileston Clinic, Lois Steele of YWCA, and Brunswick County Commissioner May Moore. •She attended the Human Relations Commission Awards Celebration and presented welcome remarks on behalf of the Board. She congratulated the winners and especially Mary Mosley who was named Humanitarian of the Year for her work in organizing a tutoring program for at-risk kids. •She attended the Domestic Violence Shelter and Services unveiling of the "Stop Family Violence Stamp." These first-class postage stamps cost 45 cents each with 8 cents per stamp going to fund "Stop Family Violence" efforts. •She attended the unveiling of the master plan for the Arboretum. The beautiful plan will make the Arboretum a greater asset to the community. •She attended the watershed information program at Parsley School. •She met with Lanny Wilson, NC Transportation Board member; Alan Pope, NCDOT Engineer; Steve Bilzi and Jeanette Nichols of the School Board; Bill Hance, School Administration; and County Engineer Greg Thompson at Ogden School. They discussed the proposed changes for the intersection on Middle Sound Loop Road at Ogden School. The road work should resolve safety concerns at the dangerous intersection. •She reported that Southeastern Mental Health Center has a new program of psychiatric advance directives, similar to the health care directive. Those interested in learning more about the program should contact the Center for further information. •She announced that March 19, 2004 is Arbor Day in North Carolina. Consideration of Resolution to Confirm General Obligation Debt Refunding Bonds, Series 2004 Chairman Greer stated that the Board has been requested to confirm the maturities and interest rates to be borne by the debt refunding bonds of the $46,225,000 General Obligation Refunding Bonds. He called for a motion to adopt the resolution as presented. Motion : Vice-Chairman Boseman MOVED, SECONDED by Commissioner Caster, to adopt the resolution confirming the maturities and rates of interest to be borne by the $46,225,000 General Obligation Refunding Bonds of New Hanover County. 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 XXVIII, Page 25.5. Finance Director Shell reported that the bond sale was held on March 2, 2004. Eight bidders made offers with the lowest rate from Goldman, Sachs and Company at an interest rate of 3.63%. The sale will generate a savings to the County of $2.447 million over the life of the bonds. The closing date for the sale is scheduled for March 30, 2004. ADJOURNMENT Chairman Greer called for a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 7:40 p.m. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the Board