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2005-05-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 2, 2005 BOOK 30 PAGE 301 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 2, 2005, 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: Vice-Chairman William A. Caster; Commissioner Ted Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Allen O'Neal; County Attorney Wanda M. Copley and Clerk to the Board Sheila 1. Schult. Chairman Robert G. Greer was absent. Vice-Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Department of Social Services Director La Vaughn Nesmith, gave the invocation. Boy Scout Joey Keiner led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Vice-Chairman Caster asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Commissioner Davis requested Assistant County Manager Pat Melvin to clarify that the Juvenile Crime Prevention Council for Department of Juvenile Justice and Delinquency Prevention Funds does not conflict with the County's normal budget process but is a grant opportunity from the State. Commissioner Davis requested Director of Juvenile Day Treatment Center John Ranalli to clarify that the funds in the amount of $25,000 from the New Hanover County Schools for a Community Service Program at the Juvenile Day Treatment Center are not school system funds but grant funds the system applied for and received. Hearing no further comments, Vice-Chairman Caster requested a motion from the Board to approve the items on the Consent Agenda as presented. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 to O. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Budget Work Session - April 14, 2005 Regular Meeting - April 18, 2005 Board of Equalization and Review - April 18, 2005 Approval of Recommendations from the Juvenile Crime Prevention Council for the Department of Juvenile Justice and Delinquency Prevention Funds for FY 05-06 The Commissioners approved the recommendations from the Juvenile Crime Prevention Council for the Department of Juvenile Justice and Delinquency Prevention Funds for FY July I, 2005 through June 30, 2006. This recommendation must be submitted to the State for final approval. If awarded, the funds will be used as recommended: Psychological Services (SEMH) Juvenile Day Treatment Center (JDTC) Teen Court LINC Initiative to Educate Administration $191)08 $203,045 $ 36,280 $ 13,774 $ 6,500 Authorization for Fire Services to Submit an Application for 2005 Federal Assistance to Fire Fighters Annual Grant The Commissioners authorized Fire Services to submit an application for 2005 Federal Assistance to Fire Fighters Annual Grant. If awarded, the funds will be used to establish a wireless data connection and video conferencing for the County's fire stations. The project cost is $326,000 with a County match of $65,000, which will come from FY 05-06 Budget or Fire Service District Fund Balance. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 2, 2005 BOOK 30 PAGE 302 Acceptance of Cape Fear Memorial Foundation Grant and Approval of Associated Budget Amendment - Health Department The Commissioners accepted a Cape Fear Memorial Foundation Grant in the amount of $20,000 and approved the associated budget amendment #05-0190. The funds will be used to continue the "Living Well" program. Budget Amendment #05-0190 - Health Department Adiustment Debit Credit Community Health: CFMF Grant Contracted Services Printing Charges Departmental Supplies Employee Reimbursements $20,000 $ 6,750 $12,950 $ 150 $ 150 Explanation: To budget grant award funds from Cape Fear Memorial Foundation. To be used for the Living Well program. Acceptance of Grant from New Hanover County Schools for a Community Service Program The Commissioners accepted a grant from New Hanover County Schools for a Community Service Program in the amount of $25,000. The funds will be used to hire a part-time Community Services Coordinator to assist the Cape Fear Volunteer Center on identifying community service opportunities wherein students can spend four hours per week completing a community service project. There are no local match funds required. Upon termination of funding, the position will be eliminated. Acceptance of Grant from the Cape Fear Memorial Foundation - Juvenile Day Treatment Center The Commissioners accepted a grant from the Cape Fear Memorial Foundation in the amount of $85,000. The funds will be used to provide training for two staff members to provide a life skills curriculum to students at the Juvenile Day Treatment Center called "Communicating Success" and the design and implementation of a curriculum called "Communication Apprehension" to help students develop effective interpersonal communication which can improve behavioral and attitudinal issues the students address in their treatment plans. No local match is required. Approval of Budget Amendment #05-0192 - Social Services The Commissioners approved the following budget amendment: Budget Amendment #05-0192 - Social Services Adiustment Debit Credit Adoption Assistance: Adoption IV-E IV-E Adoption Assist (AFDC) Medicaid: Assistance Payments Special Assistance Adults: Assistance Payments Foster Care Assistance: Specialized Payments $490,109 $600,000 $ 90,000 $ 90,000 $109,891 Explanation: Year-end amendment of Federal and State funds for the Special Assistance Program for Adults (domiciliary care) and Adoption Assistance Prograrn. The Adoption Assistance-Adoption IV-E is an uncapped Federal and State revenue source. The increase in adoption assistance payments indicated that more children are being adopted than was originally projected. Approval of Budget Amendment #2005-41- Emergency Management/EOC-911 Capital Project The Commissioners approved the following budget amendment: Budget Amendment #2005-41 - Emergency Management/EOC-911 Capital Proiect Adiustment Debit Credit Emergency Management: Capital Outlay Transfer to Capital Project EOC-911 Capital Project: $65,000 $65,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 2, 2005 BOOK 30 PAGE 303 Budget Amendment #2005-41 - Emergency Management/EOC-911 Capital Proiect (Cont.) Adiustment Debit Credit Transfer in from General Fund Capital Project Expense $65,000 $65,000 Explanation: To increase capital project budget for CP&L contribution for the EOC that is currently in Emergency Management's operating budget. This will simplify tracking of these funds. REGULAR AGENDA CONSIDERATION OF PROCLAMATION TO DECLARE MAY 2005, AS FOSTER CARE MONTH IN NEW HANOVER COUNTY Vice-Chairman Caster reported that Department of Social Services Director LaVaughn Nesmith has requested the Board to proclaim May 2005, as Foster Care Month in New Hanover County. Vice-Chairman Caster read the proclamation into the record and requested a motion for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt the proclamation declaring May 2005, as Foster Care Month in New Hanover County. Upon vote, the MOTION CARRIED 4 TO O. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIX, Page 20.1. PUBLIC HEARING TO RECONSIDER A REQUEST BY SONJA POWELL TO REZONE APPROXIMATELY 4.0 ACRES OF PROPERTY AT 4133 BLUE CLAY ROAD FROM R-15 RESIDENTIAL TO 1-1 LIGHT INDUSTRIAL (Z-776, 04/04) Vice-Chairman Caster opened the public hearing and requested Planning Director Dexter Hayes to present the Staff summary. Planning Director Hayes reported that the Board of Commissioners denied the rezoning petition on July 12, 2004. The petitioner appealed to superior court and the item has been remanded back to the Board of Commissioners to hear the case again. The petitioner is requesting a rezoning of 4.0 acres of property from R-15 to I -I Light Industrial. The uses permitted for light industrial are more compatible for smaller parcels where industrial flex space, professional offices, contractors or retail services might locate. Grady Richardson, attorney representing Sonja Powell, owner of the property, requested a continuance of this item until the Board's June 6, 2005 meeting. Ms. Nadine Brimage, resident of 3810 Juvenile Center Road, agreed to the item being continued until the Board's June 6,2005 meeting. Hearing no further comments, Vice-Chairman Caster called for a motion from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to continue the request by Sonja Powell to rezone approximately 4 acres of property located at 413 3 Blue Clay Road from R -15 Residential to I-I Light Industrial until the Board's June 6, 2005 meeting. Upon vote, the MOTION CARRIED 4 TO O. PUBLIC HEARING TO CONSIDER A REQUEST BY ED HILL ON BEHALF OF DOUG AND SHIRLEY THOMPSON TO REZONE APPROXIMATELY 2.5 ACRES OF PROPERTY LOCATED AT 3301 NORTH KERR AVENUE FROM AR AIRPORT RESIDENTIAL TO AI AIRPORT INDUSTRIAL (Z-796, 04/05) Vice-Chairman Caster opened the public hearing and requested Planning Director Dexter Hayes to present the Staff summary. Planning Director Dexter Hayes reported that Ed Hill on behalf of Doug and Shirley Thompson is requesting to rezone approximately 2.5 acres of property located at 3301 North Kerr Avenue from AR Airport Residential to AI Airport Industrial. The property has approximately 230 feet of frontage on North Kerr Avenue and is approximately 750 feet from the intersection of Blue Clay Road and North Kerr Avenue. The property is directly across from the Wrightsboro United Methodist Church, the Cape Fear Optimist Park and is directly adjacent to another institutional type use to the east. Zoning in this area was established in 1976 and very few zoning changes have occurred in the immediate vicinity. The area has had a significant increase in traffic and limited residential density in the Airport Residential District limits the suitability of the property for residential development. The most likely use for the subject property is office and institutional type uses. Given the close proximity to the airport, it is more appropriate to zone the property Airport Industrial that is consistent with the zoning to the south and to the east. Staff recommends approval of the request and also recommends that approximately 1700 square feet of parcel six be rezoned to Airport Industrial. The Planning Board voted 7 -0 to recommend approval. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 2, 2005 BOOK 30 PAGE 304 Commissioner Davis clarified with Planning Director Hayes that the request is consistent with the land use plan. Vice-Chairman Caster asked if anyone from the public wished to speak on the request. There being none, Vice-Chairman Caster closed the public hearing and asked for direction from the Board. Vice-Chairman Caster clarified with Planning Director Hayes that the owners of parcel six, Fleet Reserve Association, Inc. were notified by two different mailings of the Planning Board meeting and that Staff did not receive any response from them nor did they attend the Planning Board meeting. Motion: Commissioner Kopp MOVED to approve the request by Ed Hill on behalf of Doug and Shirley Thompson to rezone approximately 2.5 acres of property located at 3301 North Kerr Avenue from AR Airport Residential to AI Airport Industrial without the rezoning of the additional 1700 square feet of parcel six. Planning Director Hayes clarified that the majority of parcel six is already zoned Airport Industrial with the remaining 1700 square feet zoned as Airport Residential. Rezoning the remaining 1700 square feet to Airport Industrial will make the zoning consistent on parcel six. Commissioner Kopp withdrew the motion. Commissioner Pritchett requested in the future that Staff send the Planning Board meeting notices by certified mail to post office boxes to ensure receipt of the notification. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Ed Hill on behalf of Doug and Shirley Thompson to rezone approximately 2.5 acres of property located at 3301 North Kerr Avenue from AR Airport Residential to AI Airport Industrial including the additional 1700 square feet of parcel six. Upon vote, THE MOTION CARRIED 4 TO O. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE AIRPORT ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 4, 1976, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Airport Section, Page 17. PUBLIC HEARING TO CONSIDER THE REQUEST BY WITHERS & RAVENEL ON BEHALF OF SEAHAWK PROPERTIES LLC TO MODIFY THE SITE PLAN FOR AN EXISTING CD (1-1) CONDITIONAL USE LIGHT INDUSTRIAL DISTRICT TO EXPAND AN EXISTING MINI- WAREHOUSE OPERATION LOCATED AT 2016 FARLEY DRIVE (Z-510,03/05) Vice-Chairman Caster opened the Public Hearing and announced that this item was continued from the Board's April 4, 2005, meeting and requested that Planning Director Dexter Hayes make the staff presentation. Planning Director Hayes reported that Withers & Ravenel, on behalf of Seahawk Properties LLC, has requested to modify the site plan for an existing CD (I-I) Conditional Use Light Industrial District to expand an existing mini-warehouse operation located on 2016 Farley Drive referencing the findings of facts that were read into the record at the Board's April 4, 2005. Staff supports the expansion of the mini-warehouse operation on the site but recommends reconfiguring the project to accommodate the appropriate setbacks to comply with the required 50-foot setback from the Capital Drive right of way. At the Board's April 4, 2005 meeting the Board voted unanimously to continue the request until the Zoning Board of Adjustment had made a determination on the setback requirements. The Petitioner has decided not to apply for a variance but instead has agreed to the 50-foot setback. Vice-Chairman Caster asked if anyone from the public wished to speak on the request. Cindee Wolf, representing the petitioner, stated that the petitioner has decided not to apply for a variance but instead has agreed to the 50-foot setback and the findings offacts that were entered into the record at the Board's April 4, 2005 meeting. There being no further comments, Vice-Chairman Caster closed the public hearing and asked for direction from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Withers & Ravenel, on behalf of Seahawk Properties LLC, to modify the site plan for an existing CD (I-I) Conditional Use Light Industrial District located at 2016 Farley Drive. Upon vote, the MOTION CARRIED 4 to O. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 33.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 2, 2005 BOOK 30 PAGE 305 PUBLIC HEARING TO CONSIDER REQUEST BY AMY SURRATT ON BEHALF OF CATHERINE AND TERRY MITCHELL TO LOCATE A SINGLE WIDE MOBILE HOME IN AN RA AGRICULTURE DISTRICT AT 3530 LYNN AVENUE (S-528-05/05) Vice-Chairman Caster opened the Public Hearing and announced that the Special Use Permit process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Dexter Hayes Amy Surratt Planning Director Hayes reported that Amy Surratt, on behalf of Catherine and Terry Mitchell, has requested to locate a singlewide mobile home in an RA Agriculture District at 3530 Lynn Avenue and presented the following findings of fact: I. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Castle Hayne VFD. B. The site will be served by private well and septic. C. Well and septic permits need approval from the New Hanover County Health Department. D. Access to the site is proposed on Lynn Avenue, which is a state maintained road. E. The site is located at the corner of two state maintained rights of way. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The site is located in an RA Rural Agriculture Zoning District. B. Singlewide mobile homes are permitted by special use permit in the RA district. C. The subject parcel is approximately 0.4 acres. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Other mobile homes exist nearby. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. B. Other mobile homes are located nearby. Commissioner Davis clarified with Planning Director Hayes that the request is consistent with the land use plan. Commissioner Pritchett clarified with Planning Director Hayes that there are other mobile homes in the area mixed with single-family homes. Vice-Chairman Caster asked if anyone from the public wished to speak on the request. Amy Surratt, on behalf of Catherine and Terry Mitchell stated that she agreed with the findings of facts. There being no further comments, Vice-Chairman Caster closed the public hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the request by Amy Surratt, on behalf of Catherine and Terry Marshall to locate a single wide mobile home in an RA Agriculture District at 3530 Lynn Avenue based on staff recommendations and the findings of facts. Upon vote, the MOTION CARRIED 4 to O. A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book III, Page 33.2. PUBLIC HEARING TO CONSIDER REQUEST BY WITHERS & RAVENEL, INC. TO AMEND TWO SECTIONS OF ARTICLE VIII "OFF-STREET PARKING AND LOADING" OF THE NEW HANOVER COUNTY ZONING ORDINANCE TO ADD LANGUAGE REGARDING PARKING ON SITES WHERE THERE ARE DUAL USES SHARING PARKING AND REGARDING PARKING FOR DRY DOCK BOAT STORAGE (A-340, 04/05) NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 2, 2005 BOOK 30 PAGE 306 Vice-Chairman Caster opened the public hearing and requested Planning Director Dexter Hayes to make the staff presentation. Planning Director Hayes reported that Withers & Ravenel, Inc. are requesting to amend two sections of Article VIII "Off-Street Parking and Loading" of the New Hanover County Zoning Ordinance to add language regarding parking on sites where there are dual uses sharing parking and regarding parking for Dry Dock Boat Storage. The proposed text amendment is being presented under one application. There are two related but different changes being proposed. The first change relates to shared parking facilities and the second change relates to parking for dry stack boat storage. To facilitate the review of the amendments, the following summary separates the two topics. 1. Shared Parking (Section 80-3) Current Ordinance - 80-3: Combination of Required Parking Space - The required parking space for any number of separate uses may be combined in one (I) lot but the required space assigned to one use may not be assigned to another use, except that one-half (1/2) of the parking spaces required for churches, theater, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night and on Sundays. Proposed addition of Subsection 80-3.1 - Add to the ordinance: In the case of dual uses on the same property, when the use of the property is by private membership, the parking requirement for the lesser of the two associated uses within the facility shall be reduced by \12. According to Section 81-1 the current parking requirement for private clubs is I parking space per 100 s.f. of gross floor area which is more than adequate to accommodate members and their guests. With storm water management and water quality being a significant concern in the region, it seems appropriate that the County Ordinance would encourage shared parking facilities. During the UDO process the issue of shared parking was addressed by requiring a study which would demonstrate the feasibility of the shared parking based on the type of proposed development, the composition of tenants, and the anticipated parking turnover. Staff recommends a similar approach. The above proposed text amendment should be changed as follows: Amend Section 81-1 "Clubs, public or private, & Associated Uses." One (I) parking space for each one hundred (100) square feet of gross floor space. Parking for any associated use may be reduced by \12 upon submission of adequate documentation and favorable recommendation by the Planning Department and approval by the Inspections Director. II. Dry Dock Boat Storage Parking Requirement (Section 81-1) Proposed Amendment - Add Dry Dock Boat Storage with a parking requirement of one space per four dry docks. Currently section 81-1 of the zoning ordinance does not address commercial marinas or dry dock boat storage. However, the use and the associated parking requirement are addressed in section 72-31 under the Special Use Permit requirements for Commercial Marinas. Based on this standard the off street parking requirement is one parking space per wet boat slip and one parking space per two dry storage slips. In comparing other jurisdictions, the applicant presented that Wrightsville Beach requires a ratio of one space per four dry slips, and two jurisdictions in Florida have parking ratios of one space per four dry slips and one space per five dry slips. Staff has conducted a study and is recommending a parking requirement of one space per four dry docks. The Planning Board recommended approval by a vote of 6-1 on both sections. Vice-Chairman Caster asked if anyone from the public wished to speak on the request. Cindee Wolf, representing Withers & Ravenel, Inc. thanked staff for the in-depth study that was conducted and stated that the text amendment was relevant countywide and not project specific. There being no further comments, Vice-Chairman Caster closed the public hearing and requested direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve amending two sections of Article VIII, "Off-Street Parking and Loading" of the New Hanover County Zoning Ordinance to add language regarding parking on sites where there are dual uses sharing parking and regarding parking for dry dock boat storage. Upon vote, THE MOTION CARRIED 4 TO O. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 2, 2005 BOOK 30 PAGE 307 A copy of the amended Article VIII of the New Hanover County Zoning Ordinances adding language regarding parking on sites where there are dual uses sharing parking and regarding parking for dry dock boat storage is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 20.2. PUBLIC HEARING TO CONSIDER REQUEST BY STAFF TO AMEND ZONING TEXT SECTION 50.5 OF THE TABLE OF PERMITTED USES OF THE NEW HANOVER COUNTY ZONING ORDINANCE TO PERMIT DUPLEXES IN AN R-I0 ZONING DISTRICT BY RIGHT RATHER THAN BY SPECIAL USE PERMIT (A-341, 04/05) Vice-Chairman Caster opened the public hearing and requested Planning Director Dexter Hayes to make the staff presentation. Planning Director Hayes reported that recently the Planning Department has received several special use permit requests to convert existing single family residences on larger lots within the R-lO District into duplexes. Typically the requests have come from individuals who are providing living facilities for elderly parents or grandparents. The R -10 residential classification allows the highest density residential development of any County zoning classifications. Density for performance development in the R-IO district is 3.3 dwelling units per acre; performance development is permitted by right and dwelling units can be clustered on small lots or as multi-family structures. Because it is the highest density district in the County Ordinance, there is a requirement that either public water or sewer is available to any project within the zoning classification. As a result of the utility requirement R-lO districts are generally found inside the urban growth boundary and in the Developed or Urban Transition Land Classification. Allowing duplexes in the R-lO District is consistent with the purpose of the district. The ordinance requires additional lot area for duplexes, which provides adequate protection for nearby existing single-family units within the same district. This change would also encourage infill development on larger lots where services are already available. Staff believes the proposal is consistent with the Comprehensive Plan and recommends approval. The Planning Board voted 6-1 to recommend approval. Hearing no comments, Vice-Chairman Caster closed the public hearing and asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the request to amend Section 50.5 of the Table of Permitted Uses of the County Zoning Ordinance to permit duplexes in an R-lO Zoning District by right rather than by Special Use Permit. Upon vote, the MOTION CARRIED 3 TO 1. Commissioner Davis voted in opposition. A copy of the amended Section 50.5 of the Table of Permitted Uses of the New Hanover County Zoning Ordinances permitting duplexes in the R-lO District is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 20.3. BREAK Chairman Greer called for a break at 6:25 p.m. until 6:40 p.m. ADDITIONAL ITEMS Items Presented by Commissioner Kopp Commissioner Kopp reported that he attended the Elderhaus Awards Dinner and congratulated Commissioner Pritchett and Mayor Avery Roberts for being honored. Items Presented by Commissioner Pritchett Commissioner Pritchett announced that the Soil and Water Conservation District and the City of Wilmington would hold a rain barrel, compost bin sale and electronic recycling program on Saturday, May 14,2005, from 8:00 a.m. until 4:00 p.rn. at the Lowe's Hardware Store off New Centre Road and College Road. Commissioner Pritchett congratulated Dr. George Koseruba on his retirement after sixty-six years as a pediatrician and the Wilmington symphony for a wonderful performance of the Lincoln Portrait. Commissioner Pritchett reported that she attended the Cancer Society Fundraiser, Relay for Life, which raised over $450,000; spoke to the members of the Adult Scholars Leadership Alumni on the issue of County government; worked with the Special Olympic games; welcomed participants to the Medicare Prescription Drug Information Program hosted by Representative Thomas Wright; and attended the UNCW Planning Program on their gerontology prograrn. Items Presented by Vice-Chairman Caster Vice-Chairman Caster reported that he attended the following meetings and events: The City Council meeting seeking the Council's support on consolidating the Water and Sewer Districts, met with Scott Satterfield to discuss Wilmington Industrial Development issues, met with Assistant County Manager NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 2, 2005 BOOK 30 PAGE 308 Pat Melvin concerning Cape Fear Museum Fund raising and attended the monthly Department of Social Services Board meeting. Vice-Chairman Caster requested that any potential hurricane exerCIse or briefing be held before the hurricane season begins. Item Presented by County Manager Allen O'Neal County Manager O'Neal congratulated Cape Fear Museum Director Ruth Haas on being honored as the Public Servant of the Year by UNCW Masters in Public Administration Program. SECOND READING OF WATER AND SEWER ORDINANCE CHANGES FOR ENHANCEMENTS OF CUSTOMER SERVICE Vice-Chairman Caster reported that the Water and Sewer Finance operation proposed enhanced services to its customers requiring the following changes to the Ordinance. At the Board's meeting on April 18, 2005, the first reading was approved by a vote of 4 to I with Commissioner Pritchett voting in opposition and a second reading is required. 1. Chapter 56, Division 1. Sections 56-31, Domestic and commercial connections, subsections (b), (f), (g) and h(5)(b). Section 56-31(b), (f), (g) and h(5)(b). Domestic and commercial connections: (b) Applications for service must be made, by the owner, to New Hanover County Water and Sewer District, 111 Chestnut Street, Wilmington, N. C. in accordance with procedures set forth in section 56-252. (f) Inquiries on billing, termination and connection requests, reconnection of service, reinstallation of meters and payments shall be made to New Hanover County Water and Sewer District, 111 Chestnut Street, Wilmington, N. C. (g) Problems with leaks should be reported to the New Hanover County Water and Sewer District, 111 Chestnut Street, Wilmington, N.C. (h)(5)(b) Payment of all charges, fees and penalties associated with reconnection of service must be made in cash, credit card, certified check or money order and paid, in person, in the office of the New Hanover County Water and Sewer District, 414 Chestnut Street, Room 1101, Wilmington, N.C. II. Chapter 56, Division I. Sections 56-39, Penalties, subsection (d). Section 56-39(d). Penalties: (d) If an owner becomes delinquent on his account for billing of the basic user charges, a late penalty will be assessed on the account equal to -l----l-,Q- 10 percent of the outstanding balance due with a maximum late penalty of $5.00 per billing cycle. In order to maintain his account in a current status, each owner is given a ten-day grace period from the due date of the bill, for a total of 30 days from the date the bill is mailed, in which to pay the total outstanding balance due. IlL Chapter 56, Division 7. Sections 56-252, Procedure for required connections, subsections (b)(I)(a), (b)(I)(b), (b)(2)(b) and (b)(2)(c). Section 56-252(b)(I)(a), (b)(I)(b), (b)(2)(b) and (b)(2)(c). Application procedures for new connections: (b)(I)(a). The owner must apply to New Hanover County Water and Sewer District, 414 Chestnut Street, Wilmington, N. C. (b)(I)(b). The owner must complete and sign all required documents the application process and all required fees, as specified in division 9 of this article, must be paid at the time application is made, either in person, by telephone or online. (b )(2)(b). The contractor, developer or other party shall pro','ide the mailing address of the o':mer so that all required documents may be mailed directly to the ovmer for completion. A service fee set from time to time and contained in appendix B viill be charged to coyer the cost of mailing the documents. may set up a billing account in their name, but shall be responsible for all costs and fees until such time as notification of change in ownership of the property is made to the New Hanover County Water and Sewer District. (b)(2)(c). The owner must complete, sign and haye notarized all required documents and return the documents to the Nevi Hano','er County Water and Sevier District, 111 Chestnut NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 2, 2005 BOOK 30 PAGE 309 Street, Wilmington, NC 28101, the application process within 30 days from the date of notification by the district. IV. Chapter 56, Division 7. Sections 56-252, Procedure for required connections, subsection (c). Section 56-252(c). Application procedures for changes in service: (c). The owner may notify the district in person or by telephone of any changes in service. If notification is made by telephone, the district ':iill mail all required documents to the ovmer for completion and required signatures. If applicable, an administrative fee set from time to time and contained in appendix B will be applied to the owner's account. If fees, other than the administratiye fee, are required in accordance viith diyision 9 of this article, the ovmer must complete and sign all required documents and all required fees paid as specified in subsection (b) of this section. V. Chapter 56, Division 9. Section 56-313. Basic user charges, subsections (b) and (c). Section 56-3 13 (b). Flat rate option for residential property: The owner of residential property occupied with only one structure served by a sewer line may elect to pay flat bimonthly rates in lieu of metered bimonthly rates. If the owner initially chooses a flat rate, the owner may change to a metered rate at any time; hO':ie','er, the ovmer is allovied to change one and only one time from the initial application. The ovmer must pay upon payment of an administration/inspection fee set from time to time and contained in appendix B and the cost of installation of meters, if applicable per section 56-252. If a meter does not function properly due to the owner's water quality (i.e. sand) and the meter has been replaced twice, the district shall remove the meter and charge the flat rate. Section 56-3 13 (c). Metered rate option for all other property: All residential property owners not electing the flat rate option, all commercial and industrial properties, and all other properties shall be charged based on metered rates. Metered rates shall be either residential or nomesidential rates. If the owner initially chooses a metered rate, the owner may change to the flat rate option only after six bimonthly billings on the metered rate. The ovmer is allovied to change one and only one time from the initial application. The ovmer must pay upon payment of an administration/inspection fee set from time to time and contained in appendix B. If a meter does not function properly due to the owner's water quality (i.e. sand) and the meter has been replaced twice, the district shall remove the meter and charge the flat rate. VI. Chapter 56, Division 9. Section 56-315. Specific fees, subsections (e)(2), (3), (4) and (5). Delete the following subsections: (e)(2). Sewer deposit. (e)(3). Industrial application fee. (e)(4). Cancellation penalty. (e)(5). I-40 Business Park sewer improvements proiect assessment fee. Add the following new subsections: (e)(2). Billing method change. A fee, as set forth in Appendix B, shall be charged for each occurrence when customers request a change in the billing method. (e)(3). Application fee. An application fee, as set forth in Appendix B, shall be charged for new service. (e)(4). Credit card. A credit card convenience fee, as set forth in Appendix B, shall be charged on total amounts of $250.00 or more. VI1. Appendix B, Chapter 56. Utilities, Article II, Water Service, Section 56-31(h)(2)(c). Section 56-31(h)(2)(c): (2) G:- d. Processing fee for worthless check. . . $W:OO 25.00 VIII. Appendix B, Chapter 56. Utilities, Article II, Water Service, Section 56-37(b)(5). Section 56-37(b)(5). Other fees. Add a new subsection (e): NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 2, 2005 BOOK 30 PAGE 310 Additional fee if no person of reasonable age and with appropriate authority present when service reconnected... $50.00. IX. Appendix B, Chapter 56. Utilities, Article III, Sewer System, Section 56-252(b)(2)(b). Delete Section 56-252(b )(2)(b). X. Appendix B, Chapter 56. Utilities, Article III, Sewer System, Section 56-252(c). Delete Section 56-252(c). XL Appendix B, Chapter 56. Utilities, Article III, Sewer System, Division 9, Fee Schedule, Section 56-3 13 (b). Section 56-3 13 (b): Administration/inspection fee fef to change to flat rate option for residential property . . . $~OO 100.00 XII. Appendix B, Chapter 56. Utilities, Article III, Sewer System, Division 9, Fee Schedule, Section 56-3 13 (c). Section 56-313(c): Administration/inspection fee fef to change to metered rate option for residential property . ~ 100.00 XII1. Appendix B, Chapter 56. Utilities, Article III, Sewer System, Division 9, Fee Schedule, Section 56-315(e)(2), (4) and (5). Section 56-315(e)(2): Se'lier deposit: a. Residential. . . $1 0.00 b. Nomesidential: Higher of minimum bimonthly se'lier charge fee appropriate meter size or . . . 10.00 Fee for change in billing method for each occurrence... $100.00 Section 56-315(e)(4): Minimum penalty. . .25.00 Application fee for new service. . . $15.00 Section 56-315(e)(5): I 10 Business Park sewer improyements project assessment fee. . . 10.00 Credit card convenience fee. . .3% total charge over $250.00. Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve amending County Code Chapter 56, Utilities and Appendix, Section B, Fee Schedule. Upon vote, the MOTION CARRIED 3 to 1. Commissioner Pritchett voted in opposition. A copy of the amendment to the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 20.4. The ordinance will be codified into the New Hanover County Code. COMMITTEE APPOINTMENT Lower Cape Fear Water and Sewer Authority Vice-Chairman Caster announced that this item had been continued from the Board's April 18, 2005, meeting pending additional information concerning the original intent of the makeup of the Authority. He reported that one vacancy needed to be filled on the Lower Cape Fear Water and Sewer Authority and two applications were received. Vice-Chairman Caster reported that according to the Director of the Lower Cape Fear Water and Sewer Authority, Don Betz, there is no limitation on the number of elected officials appointed to the Lower Cape Fear Water and Sewer Authority and requested nominations from the Board. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to appoint Commissioner William A. Kopp to serve on the Lower Cape Fear Water and Sewer Authority with the term to expire April 30, 2008. Upon vote, the MOTION CARRIED 4 to O. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Vice-Chairman Caster requested a motion to convene from Regular Session to hold a regular meeting of the New Hanover County Water and Sewer District. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 2, 2005 BOOK 30 PAGE 311 Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to convene to a regular meeting of the New Hanover County Water and Sewer District. Upon vote, THE MOTION CARRIED 4 TO O. Vice-Chairman Caster convened from Regular Session at 6:50 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Vice-Chairman Caster reconvened to Regular Session at 8: 18 p.rn. NON-AGENDA ITEMS Vice-Chairman Caster 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. No items were presented. ADJOURNMENT There being no further business, Vice-Chairman Caster requested a motion to adjourn the meeting. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adjourn the meeting. Upon vote, THE MOTION CARRIED 4 TO O. Vice-Chairman Caster adjourned the meeting at 8:20 p.rn. Respectfully submitted, Sheila 1. Schult Clerk to the Board