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1992-07-06 Regular Meeting ~ ~MINUTES OF REGULAR MEETING, JULY 6, 1992 ~PAGE 46 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 6, 1992, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. . Members present were: Commissioners Jonathan Barfield, Sr.; Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer; Chairman E. L. Mathews, Jr.; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Mathews called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE Director of Finance, Andrew J. Atkinson, gave the invocation. Commissioner Sutton led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Mathews asked if anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following items were presented. . Discussion of Subdivision Text Amendment for Clarification of the Appeals Process Dr. William C. Sisson, a member of the former Planning Commission, commented on Item #22 on the Regular Agenda, and stated the Commissioners may wish to review the text amendments prepared by the prior Study Committee before considering the proposed text amendment. Request for Removal of Consent Agenda Item #9, Mr. Rick Pridemore, representing Sound & Telephone Systems, requested removal of Consent Agenda Item #9, the bid award for the Health Department telephone system, to the Regular Agenda due to the complexity of issues involved with the bidding process. commissioner Barfield inquired as to the amount of time involved with discussion of this item? Mr. Pridemore stated Sound & Telephone Systems would like to present a 3 -page letter def ining how their company's bid was structured and the flaws observed in the County's staff presentation and recommendation. commissioner Barfield inquired as to why these issues were not presented prior to this meeting? Mr. Pridemore stated with the timing of the agenda, late notification on the date of the bid award, and the 4th of July holiday, it was impossible to present the letter before this date. . Vice-Chairman Greer stated this item has been reviewed by Staff for the past six weeks, therefore, he feels the bid award recommendation by staff should be upheld and approved as presented on the Consent Agenda. , County Manager O'Neal stated Sound & Telephone Systems was informed about the bid award on Tuesday, June 30, 1992, with availabili ty of agenda material on Wednesday, July, 1, 1992. However, the Purchasing Agent has just informed him that Sound & Telephone Systems was notified of the bid award on~June 24, 1992. Mr. Pridemore stated on June 24, 1992, a memo was written by a MIS staff person to the Purchasing Agent, and that Sound & j ~ / MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 47 Telephone Systems was not notified until Tuesday afternoon, June 30, 1992, with availability of information on July 1, 1992. This notification was not ample time to present the letter and points of concern about the bid award, particularly when our company's bid is $30,000 lower than the next bid. commissioner Retchin commented on this being a short amount of time for review of the information and recommended removing this item from the Consent Agenda to the Regular Agenda for further discussion. 1'1. <~ Consensus: After discussion of the time involved with hearing this request, it was the consensus of the Board to place this item on the July 20, 1992, agenda. APPROVAL OF CONSENT AGENDA Commissioner Retchin requested removal of Consent Agenda Item #10 for discussion at the end of the meeting. Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to remove Items #9 and #10 with approval of the remaining Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following minutes as presented by the Clerk to the Board: Regular Meeting - June 1, 1992 Regular Meeting - June 15, 1992 Adoption of procl~mation Designating July 5-11, 1992, as Hurricane Awareness Week in New Hanover County The Commissioners adopted a proclamation designating July 5- 11, 1992, as Hurricane Awareness Week in New Hanover County. () A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 4. Approval of FY 1991-92 Alternatives to Detention Grant Amendment- The Commissioners retroactively approved a grant amendment of $1,000 for the Alternatives to Detention Program. Adoption of Resolutions Adding Roads to the State Highway System The Commissioners adopted resolutions adding Dawning Creek Way and Bailiwyck Way in Dawning Creek Subdivision, Jessica Lane and Sondery Road in Rocky Road Subdivision, and roads in Cambridge Subdivision - section 4, Bridgeport Subdivision - sections 1 and 2, and Harnett pointe - section 2, to the State Highway System. Copies of the resolutions are_hereby incorporated as a part of the minutes and are contained in Exhibit Book XX, Page 4. Approval of Award of Bid Contract #92-0469 to A , B containerized Trash service to Provide Dumpster Service for County Buildings The Commissioners approved awarding Bid Contract #92-0469 to the lowest bidder, A & B containerized Trash Service, to provide dumpster service for County buildings in the amount of $30,679. The following bids were received: .r:) A & B containerized Trash Waste Industries, Inc. Waste Management of Wilmington $30,679.00 (annually) $67,271.00 (two years) $34,272.82 (annually) The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. ;. ~q.- l~:'J ~ MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 48 - '\ Authorization to Transfer Unbudgeted Receipts from Donations to Cape Fear Museum Associates (Contract #92-0501) to be Used as Match for a Grant The Commissioners authorized the transfer of unbudgeted receipts to Cape Fear Museum Associates, Contract #92-0501, in the amount of $16,523, from contributions made by visitors to the museum between January and June 1992. The funds will be used as a match in order to receive funds of $8,264 from the North Carolina Humanities Council Challenge Grant. The total amount of $24,787 will enable the publication of a source book to accompany the "Time, Talent, Tradition" Exhibit. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Acceptance of New Hanover County Comprehensive criminal Justice System Grant Award The Commissioners retroactively authorized the County Manager to sign the state and Local Narcotics Control Grant Award for FY 1992. The grant award in the amount of $323,131 with a local match of $80,783 has been included in the FY 1992-93 Budget and will address the jail population by integrating data from the Sheriff, Jail, Magistrate's Office, and Courts. This system will allow for more rapidly processing court cases. . Approval of Request by Habitat for Humanity for the Donation of Property Jointly Owned by the City of Wilmington and New Hanover County The Commissioners approved the donation of property, jointly owned by the City of Wilmington and New Hanover County, located at 1101 South Seventh Street (Tax ID #54-13-23-10) to Cape Fear Habitat for Humanity for direct use in their program. The donation is contingent upon approval of this request by the Wilmington City Council. Approval of Amendment to the Article III, Section 9(b) of the New Hanover County Personnel Policy Revision to Pay Rates in Reclassification, Promotion, Transfer, and Demotion The Commissioners approved amending Article III Section 9(b) of the New Hanover County Personnel Policy concerning pay rate changes resulting from reclassification, promotions, transfers and demotions as follows: Promotion: Incumbent employees promoted to a classification with a higher pay grade may receive 5%, or be placed at the minimum of the pay grade for the new classification, whichever is greater. Approval of Adding Section 15 to the sick Leave Section of the New Hanover County Personnel Policy Recognizing that extreme catastrophic situations can happen to an employee or a member of a family which requires exhausting all sick and personal leave, the Commissioners approved the addition of Section 15 to the sick Leave Policy whereby employees may donate a given amount of accumulated personal leave to another employee in need of additional sick leave. . A copy of the policy is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 4. RECOGNITION OF NEW HANOVER COUNTY RETIREES Chairman Mathews, on behalf of the County Commissioners, presented retirement plaques and wished the following retirees health and happiness in their retirement years: Dorothy M. Paul, 13 years with the Health Department Shirley J. West, 30 years, 7 months with Social Services Armond H. Ward, 14 years, 5 months with Property Management Nancy D. Perry, 13 years with the Library Norma E. Philpott, 13 years, 3 mos., County Manager's Office j MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 49 Betty B. Steele, 34 years, 1 month with social services Randolyn G. Anderson, 24 years, 2 months, with Inspections Betty J. Jackson, 12 years, 7 months, with Inspections John W. Willie, 19 years, with Sheriff's Department Dorothy M. Harrell, 14 years, 5 months with Elections Robert L. Thomas, 12 years, 11 months with Sheriff's Dept. Wilma B. Bowman, 17 years with Sheriff's Department A round of applause was requested. AUTHORIZATION FOR NEW HANOVER REGIONAL MEDICAL CENTER TO ISSUE REVENUE BONDS FOR CONSTRUCTION OF REHABILITATION HOSPITAL Mr. George Diab, a member of the New Hanover Regional Medical Center Board of Trustees, requested the Board of County Commissioners to approve a proposal to issue $16,000,000 tax-exempt hospital revenue bonds. During the past year through a competitive bidding process, the State of North Carolina has concluded that New Hanover County is the appropriate place for location of a Rehabilitation Hospital. In order to move forward with this project, the Hospital Board voted unanimously to seek approval for issuance of revenue bonds to finance the Rehabilitation Hospital and other related projects. He requested President David Plate to further explain the project. President Plate stated this is the first time in the history of the hospital that the Commissioners have been requested to authorize issuance of hospital revenue bonds. Emphasis was placed on the fact that these bonds will not be repaid by the taxpayers, but will be paid by New Hanover Regional Medical Center. Slides were presented on the three components of the bond proposal as follows: -Construction of a Rehabilitation Hospital: In February, 1992, a certificate of Need was approved by the State to construct a 60-bed Rehabilitation Hospital. The project is in the design phase with plans to break ground no later than January, 1993, with an anticipated completion date of March, 1994. I , I Il -New Hanover Community Health Center: This is a joint project shared by New Hanover Regional Medical Center, the New Hanover/Pender Medical Society, New Hanover County, the City of Wilmington, the New Hanover County Health Department, the State of North Carolina, and the Federal Government in an effort to furnish a first-class facility to provide quality medical care for the medically indigent. This project began with a $53,000 planning grant to hire consultants to prepare a proposal that will enable the proposed Community Health Center to receive section 3-30 grant funds through the Bureau of Health Care Delivery & Assistance in the amount of $780,000 annually. Additional proposed insurance coverage (Medicaid being one of the carriers) from the insured receiving care will produce revenue in the amount of $450,000; therefore, the annual operation of the Community Health Center will be approximately $1,200,000. Hopefully, land will be donated for the construction site and assistance has been offered by the County to begin the new community Health Center at the Rankin Terrace Health Clinic with the possibility of this clinic becoming a part of the new facility. The only item that has not been furnished is construction of the building; therefore, since New Hanover Regional Medical Center would be the most appropriate landlord of this facility, the hospital is seeking funds to provide this building through the revenue bond issue. with anticipated revenue from the operation of the facility, and federal funds that provide $8.00 per square foot lease space, enough revenue should be generated to cover the expense for the mortgage on the building. In summary, New Hanover Regional Medical Center would like to bring this. type of a facility to New Hanover County and provide quality medical care to our medically underserved low-income citizens. () () () ;f<~ ~~ ~ ':, : ~ l . ~ It.. MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 50 -Energy Plant Improvements: The energy plant at the hospital is 25 years old and is in need of gradually being replaced beginning with the chiller plant, electrical system, and boiler plant modifications. Mr. James R. Eyerman, Executive Vice-President of Finance, of New Hanover Regional Medical Center, presented the proposed bond financing sources and uses as follows: . series 1993 Bonds Total Sources $16.000.000 $16,000,000 USES: Rehabilitation Hospital Energy Plant Improvements Community Health Center Funded Interest - Net Issuance Costs Total Uses $ 9,033,000 $ 4,317,000 $ 1,000,000 $ 1,100,000 $ 550.000 $16,000,000 . The proposed financing timetable would take approximately 25 weeks with a closing schedule for December 1992. Construction on the various projects would tentatively begin in early 1993 with a construction period of approximately 15 months. New Hanover Regional Medical Center will be responsible for paying back the bonds with no County funds involved. Commissioner Retchin inquired as to the amount of" the annual payment for the bonds and if the Rehabilitation Hospital will generate enough funds to cover this payment? Mr. Eyerman stated the annual payment will be $1,500,000 which will be paid as follows: (1) approximately $10,000,000 of the $16,000,000 will come from Rehabilitation Hospital; (2) rent received from the New Hanover Community Health Center will be approximately $100,000 to be used for the annual payment; and (3) hospital revenues will be used to pay for the energy plant improvements. commissioner Barfield inquired to whether the daily rate for hospital care will increase? Mr. Eyerman stated hospital approximately $10 per day. care will increase at commissioner Barfield stated opening of the New Hanover Community Health Care Center will reduce indigent cost for the hospital and inquired as to whether this will help to offset the $10 per day increase? Mr. Eyerman stated there will be some indigent cost relief; however, these figures will have to be calculated in order to determine how much the daily rate will be reduced. Commissioner Retchin inquired as to whether the Rehabilitation Hospital will support itself? Mr. Eyerman stated the Rehabilitation Hospital will be self-supporting and will not shift costs to other hospital patients. . commissioner Sutton commented on the revenue bond process being a long arduous procedure and emphasized the importance of the public being well informed. He stated a Public Hearing will be held by the Board of County Commissioners on November 30, 1992, as scheduled to receive public input before approving the financing of the project. Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to authorize the New Hanover Regional Medical Center Board of Trust~es to proceed with the process to issue $16,000,000 of revenue .bonds_as proposed for the benefit of the .hospital. The floor was opened for discussion. j (- ! i I , I I l MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 51 Vice-Chairman Greer agreed with construction of the proposed Rehabilitation Hospital and New Hanover Community Health Center, b~t expressed concern for this project raising the daily cost per day by $10 and inquired as to the number of rooms? He also commented on estimated revenues of $2,100,000 annually with debt service of $1,500,000 annually and inquired as to usage of the additional revenue? Mr. Eyerman stated today, 370 rooms are occupied with 60 beds in the proposed Rehabilitation Hospital. The $10 increase per day will be included in the charges at the Rehabilitation Hospital not in all patient charges. () Vice-Chairman Greer, again, agreed with the overall concept but strongly objected to adding an additional $10 charge per day and stated the new facilities should be self-supporting. commissioner Retchin stated if overall costs for adding the new facilities are considered, the hospital per day charge will increase $10; however, he does not feel this will happen since the Rehabilitation Hospital should generate enough revenue to produce a profit. Commissioner Sutton stated traditionally Rehabilitation Hospitals are a profit making component of the hospital care system. Ms. Sandra Barone, a candidate for County Commissioner, inquired as to the number of hospital beds? Mr. Eyerman stated 540-550 beds. Ms. Barone stated if the present bed census is at 370, why can't the additional beds in New Hanover Regional Medical Center be used for the 60-bed Rehabilitation Hospital instead of constructing a new facility? () President Plate stated the 10th floor of the hospital is a shelled in area used for storage. When discussing the project with the State, the hospital inquired as to usage of the 10th floor for the Rehabilitation Hospital; however, in order for the project to be approved by the State, it was necessary to provide 60 beds. The 10th floor will accommodate only 40 beds and after review of the therapy services, the pools, and support services, it was determined by the State that the 10th floor was not adequate; therefore, if the hospital was not willing to provide an adequate facility, the State would allow another hospital facility to provide this service. He stated if emergency services begin to migrate to the new Community Health Center the hospital will save $163,535 annually which will allow the hospital to keep health care costs down and reduce the $10 per day increase. commissioner Barfield inquired as to the inpatient/outpatient indigent cost? President Plate stated the hospital incurs $23,000,000 annually in write-offs from uncompensated care for both inpatient and outpatient care which represents about 20%. commissioner Barfield stated if the hospital does not have to absorb the $23,000,000 write-offs and projects other than the energy plants are self-sufficient, why would this savings not be adequate to pay for the energy costs and allow the per day rate to remain the same? () President Plate stated indigent cost continues to increase~ and southeastern North Carolina has the second highest infant mortality rate in the state, which is extremely costly. Commissioner Sutton stated the cost-shift is not indigent care, but reductions in Medicare/Medicaid coverage and requested President Plate to explain this national health care problem. . . . .~~, ~ ..' h ~ \ ,;. ~.~:- '. MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 52 President Plate. stated the hospital provided $67,000,000 in uncompensated care last year with only $23,000,000 of the $67,000,000 in New Hanover County. The difference between the $23,000,000 and $67,000,000 is the Medicare/Medicaid shortfall. These programs do not pay the costs for their patients. Unfortunately, cost-shifting does exist in health care financing throughout the nation which means those who can pay must pay for those who cannot pay in order to have a health care system. Hopefully, the united states Congress will help to resolve this disgraceful issue. If every patient provided services in New Hanover Reqional Medical Center would pay for their charqes. all charqes could be reduced by 35%. After further discussion of costs involved, Commissioner Retchin recommended a pro-forma operating statement of the Rehabilitation Hospital being furnished to the Commissioners. Vote on Motion: Chairman Mathews called for a vote on the MOTION to authorize the hospital to proceed with the revenue bond issue as proposed. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF RELOCATION OF COLLEGE SQUARE BRANCH LIBRARY TO PLAZA EAST SHOPPING CENTER Ms. Vivian Beech, Associate Director for Branch Library Services, stated that the current lease for the College Square Branch Library expires December 31, 1992. The Library has negotiated with Lat Purser and Associates to lease a space at Plaza East Shopping Center for the relocation of the College Square Branch Library. The lease will begin January 1, 1993, at a one- year annual cost of $27,000, with the next two years for $31,000. Since $31,000 was budgeted in FY 1992-93, $4,000 will be saved. Motion: After discussion of the location of the site, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to approve the proposed location and authorize the Library to pursue a formal lease agreement with Lat Purser & Associates. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL FOR PREPARATION OF A RESOLUTION FOR SALE OF LUCILLE SHUFFLER BUILDING TO CROSSROADS OF NORTH CAROLINA, INC. AND OPERA HOUSE THEATER County Manager O'Neal reported that no bids were received for the sale of the Lucille Shuffler Building held on June 10, 1992. Staff recommends re-advertising the sale without a minimum value of $120,000 or either substantially reducing the value. Other options to be considered are a long-term lease for the property or shared use of the facility by several organizations. Mr. Jack Dunn, representing Crossroads of North Carolina, stated the purpose of the organization is to break the welfare cycle for impoverished families by working with their children beginning at a very young age. This organization has gained recognition throughout the nation in helping our children. Locally, the program is concentrated presently in the Jervay Housing Project and the Sunset Park area to include Nesbitt Court and Dove Meadows. The Lucille Shuffler Building is located within one mile of these neighborhoods. The program recruits volunteers to provide mentors for-one-on-one tutoring to these children. Mr. Dunn stated Opera House Theater Company is a not-for- profit professional theater company, which in addition to providing the finest of professional theater for New Hanover County and Southeastern North Carolina, provides many charitable services for all of the citizens of the County. Opera House Theater Company was recognized by the New Hanover Human Relations Commission as the Communi ty Organization of the year in acknowledgement of its contributions. In summary, we must have a safe place to educate our children to stop crime and break the welfare cycle. Usage of the Lucille j (~~ MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 513 Shuffler Building would allow the programs to be combined and provide the necessary space for volunteer tutors to train and educate these children. The organizations will jointly raise and commit funds from the private and corporate community as well as foundation grants to provide revenue for the costly repairs of the building. The organizations will pledge to keep the name "Lucille Shuffler" as a part of the building in perpetuity. The Commissioners were requested to allow these organizations to use the building. () commissioner Retchin expressed appreciation for the outstanding services rendered by Crossroads and Opera House, but voiced concern for selecting among many programs who desire to use the building and also the amount of funds that will be necessary to provide for identified rehabilitation costs? Mr. Dunn stated the two organizations have the fund raising capability to provide one-half of the identified renovation costs. commissioner Barfield commented on the need to stop crime and educate our children and expressed appreciation to the organizations for combining their efforts to joint-venture this project. He recommended that the County sell this property to Crossroads and Opera House for $1.00. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to sell the Lucille Shuffler Building for $1.00 to Crossroads of North Carolina and the Opera House Theater Company with renovation costs being the responsibility of the non-profit organizations. The floor was opened for discussion. County Manager O'Neal reported that a business in this area and a religious institution have expressed a great deal of interest in purchasing the building. () commissioner Retchin inquired as to why these organizations did not submit a bid? County Manager O'Neal stated both organizations thought plans for use of the building were on hold; however, after reading a recent article in the newspaper, they expressed a desire to purchase the building. commissioner Retchin commented on his first inclination to re- bid the project without a minimum bid; however, when reviewing the services rendered by Crossroads and Opera House and benefits derived by the community, he feels selling the building to these organizations for $1.00 is the best use of the property. commissioner Barfield commented on the annual cost for incarceration of one prisoner and stated any program that can avoid future jail costs will save the taxpayers money. Commissioner Sutton recommended including a reversion clause in the motion. Amended Motion: commissioner Barfield AMENDED the MOTION, SECONDED by Commissioner Retchin to sell the Lucille Shuffler Building for $1.00 to Crossroads of North Carolina and the Opera House Theater Company with renovations costs being the responsibility of the non- profi t organizations. The contract is to include a reversion clause that will state if the building is not used for public purpose, it will revert back to the County. The floor was opened for discussion. . () County Manager O'Neal stated when selling the building, some entity must be identified in order to transfer the deed. Vice-Chairman Greer commented on the wonderful services rendered by these organizations, but expressed concern for'giving l ,): ~ MINUTES OF REGULAR MEETING,' JULY 6, 1992 PAGE 54 away taxpayers' property and stated he cannot support this motion. Mr. Dunn commented on test scores for impoverished children entering kindergarten who have received training versus the test scores of impoverished children who have not received training and stated the savings to taxpayers in future delinquency and crime will far outweigh the cost of the building. . County Manager O'Neal stated if it is the desire of the Board to sell the building for $1.00, it would be much better to deed the property with stipulated restrictions. commissioner sutton recommended including a stipulation that the building cannot be mortgaged. County Attorney Copley stated the General statutes require adoption of a resolution with no consummation of the sale until 10 days after adoption of the resolution; therefore, a resolution should be prepared and presented at the July 20, 1992, meeting. Also, a unanimous vote must be received for adoption of the resolution in order to convey the sale of the property for $1.00. Motion Amended: Commissioner Barfield AMENDED THE MOTION, SECONDED by Commissioner Retchin to authorize the County Attorney to prepare a resolution for sale of the property to Crossroads and Opera House for $1.00 including the reversion clause to be presented at the July 20, 1992, meeting of the Board. The floor was opened for discussion. Vice-Chairman Greer commented on a unanimous vote being required and requested postponement of this item until the next meeting in order to have time to further study the issue. . commissioner Retchin stated the motion is for preparation of a resolution, which will be presented to the Board for approval on July 20, 1992. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Commissioner sutton Chairman Mathews Voting Nay: Vice-Chairman Greer . APPROVAL TO UPHOLD DISCOVERY OF BOAT Tax Administrator, Roland Register, stated Mr. Robert M. High has appealed the discovery of a 1986 Wellcraft 28 ft. boat stating he did not own the boat on January 1, 1991. After contacting Radio Island Marina, Mr. Jimmy Alford, provided a copy of the original bill of sale dated November 10, 1990, with conditions whereby Mr. High traded a boat, made an additional down payment, agreed to pay the balance and took possession of the boat. Verification has been made with the Marina that Mr. High changed to a larger boat slip and had possession of the boat on January 1, 1991; therefore, the discovery in the name of Mr. Robert High should be upheld for 1991. Chairman Mathews asked if the appellant would like to comment. The appellant was not present and no public comments were received. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Retchin to uphold the discovery of a 1986 Wellcraft 28 ft. boat in the name of Robert M. High for 1991. Upon vote, the MOTION CARRIED UNANIMOUSLY. REPEAL OF CHAPTER 9, SECTION 9.1-9.29, MOBILE HOME ORDINANCE, FROM THE NEW HANOVER coqNTY, CODE Tax ,AdmiDistrator, Roland Register, requested repeal of Chapter 9, section 9.1-9.29, Mobile Home Ordinance from the County j (~ MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 55 Code, since state laws and internal County procedures assist the Tax Department in identifying and maintaining a separate registration of mobile homes in the County. state laws require every operator of a park with three (3) or more mobile homes to report owners and descriptions of mobile homes to the Tax Department every January. The County Inspections Department provides the Tax Department with a printout of mobile home tie-on and electrical/plumbing permits; therefore, the existing ordinance is no longer needed. () Motion: After discussion, commissioner Retchin MOVED, SECONDED Commissioner Barfield to adopt a resolution repealing Chapter 9, section 9.1-9.29, Mobile Home Ordinance, from the New Hanover County Code. 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 XX, Page 4. ADOPTION OF RESOLUTION TO ESTABLISH A WASTE-TO-ENERGY FACILITY COMMISSION County Manager O'Neal presented and requested adoption of a resolution establishing the existing Waste-to-Energy Advisory Committee to a formal Waste-to-Energy Facility Commission. The purpose, functions, and organization of the Commission were outlined and explained. commissioner Sutton emphasized the importance of the record reflecting that the present members of the Waste-to-Energy Advisory Committee will be the members of the new entity, named the Waste- to-Energy Facility Commission as outlined in the resolution. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to adopt the resolution establishing the existing Waste-to- Energy Advisory Committee to a formal Waste-to-Energy Facility Commission as presented. 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 XX, Page 4. . APPOINTMENT OF VOTING DELEGATE TO THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS 85TH ANNUAL CONFERENCE Motion: commissioner Barfield MOVED, SECONDED by Commissioner Sutton to appoint commissioner Retchin as the voting delegate to the North Carolina Association of County Commissioners 85th Annual Conference in Charlotte, North Carolina, on August 13-16, 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Mathews called a break from 8:00 P.M. until 8:15 P.M. PUBLIC HEARING TO CONSIDER ISSUANCE OF REVENUE BONDS BY NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY TO FINANCE A SOLID WASTE DISPOSAL PROJECT AND THE ISSUANCE OF REFUNDING BONDS . Chairman Mathews read a statement on the proposed issuance of revenue bonds explaining the role of the New Hanover County Industrial Facilities and Pollution Control Financing Authority, as the designated agency for issuance of the bonds by the state of North Carolina through the General Statutes. () Attorney Wallace Murchison, representing the New Hanover County' Industrial Facilities and Pollution Control Financing Authority, stated notice of the Public Hearings was published on June 21, 1992. Two separate Public Hearings will be required as follows: (a) a Public Hearing to consider issuance of revenue bonds in an amount not to exceed $6,000,000 to finance a project of closing or capping a waste disposal facility at the Castle Hayne Occidental Chemical Corporation's site; and (2) a Public Hearing to . . . ~ MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 56 consider issuance of $4,600,000 in refunding revenue bonds which will be used to redeem bonds issued by the New Hanover County Industrial Facilities and Pollution Control Financing Kuthority in 1981 for the benefit of the company. New bonds will be issued to refund the old bonds to reduce the interest costs. The Authority has met and approved both revenue bond issues in principal and respectfully requests the Board of County Commissioners to adopt a single resolution approving the $6,000,000 project in principal and issuance of the revenue bonds and approving the issuance of the $4,600,000 in refunding bonds. Attorney Murchison requested a motion to open the Public Hearing. Motion: commissioner Retchin MOVED, SECONDED by Commissioner Sutton to open the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews opened the Public Hearing. Mr. Wiley West, Environmental Manager of Occidental Chemical Corporation, commented on the lagoon closing project and stated the Castle Hayne Plant manufactures chromium chemicals from chrome ore mined from several locations throughout the world. The chrome ore is only 31% chromium with the remaining percentage being other minerals, such as iron, magnesium, aluminum, etc. After the chromium is extracted from the ore, the remaining solids are treated in the plant's wastewater treatment facility and are disposed of as non-hazardous solid waste residue. The lagoon project has been used for disposal of this residue 'for 21 years. The proposed project is for a sound environmental closing of the lagoon. Due to some on-site groundwater contamination from former years, the plant entered into an agreement with the State of North Carolina in 1988, called a Special Order by Consent, to address the groundwater issue. Before and since the Special Order by Consent, the plant implemented an extensive groundwater remediation program to keep the contamination from getting off of the site and creating groundwater problems for other areas. The program has been very successful in recovering and treating water to keep it on site as well as greatly reducing the amount of contamination. The proposed project is a continuation of this long-term program. One of the primary objectives of the 1988 Special Order by Consent and updated in 1990 was to develop and implement a remedial plan for this lagoon. The proposed design will consist of installing a low or moderate permeability cap across the entire lagoon site to prevent rainwater infiltration which will greatly reduce the migration of any contaminants downward into the groundwater into surrounding areas. These contaminants are basically non-toxic materials, such as salt, iron, and dissolved solids. The final design and specifications must be submitted and approved by the N. C. Department of Environmental Management before beginning construction of the facility. In summary, the installation of the proposed system is intended to be a sound environmental project and is consistent with the requirements in the Special Order by Consent with the State of North Carolina. Chairman Mathews asked if anyone from the general public would like to comment. The following remarks were received. Mr. William Funderburg, a resident of 4321 Blue Clay Road, commented on the closure of the lagoon and listed the following concerns: -The Public Notice published June 21, 1992, was not accurate. -Concern for the closure of the lagoon as referenced under the Special Order by Consent with the State. The closure of the lagoon is specifically outlined in N. C. Permit #WQ0001492 to j / / ( MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 5:] Occidental Chemical Corporation which states, "the permitting shall submit a closure plan to the Regional Supervisor of the Wilmington office three months prior to the planned closure of the lagoon. The contents of the closure plan shall be negotiated with the Wilmington Regional Office and approved prior to implementation." Mr. Funderburg stated after traveling to Raleigh he has been unable to find submittal of a closure plan for the lagoon, and asked Attorney Murchison if a plan has been submitted? Attorney Murchison stated a plan has not been presented but is being prepared in cooperation with the State office. Mr. Funderburg commented on appearing before the Commissioners on numerous occasions when the Financing Authority has requested authorization to issue revenue bonds and expressed concern for the State permit requirements not being followed. He also expressed concern for the public having no way to know if proper procedures have been followed if a plan has not been submitted before the Public Hearing; therefore, he is opposed to authorizing issuance of the revenue bonds until the public has been provided an opportunity to review the closure plan for the lagoon. Mr. Funderburg stated, as a matter of record, the lagoon is listed under the Superfund Program with an RCRA Classification and Identification Number NCD057454670. Attorney Murchison stated Mr. Funderburg's concern is that the plan for the closure of the lagoon and the permits from the State agency have not been worked out before approving the project in principle. He desires to change the practice and procedures for the manner in which Financing Authorities issue bonds. The procedure followed for years has been as follows: (1) obtain approval by the County Commissioners for the proj ect in principle and authorization to issue bonds; (2) submit the project to the N. C. Department of Economic & Community Development in Raleigh, North Carolina; and (3) The Department of Economic & Community Development will investigate the project which cannot be approved until clearance has been received from the N. C. Department of Environmental Management. The entire process is in a sound, solid, and fair order; therefore, there is no reason, either in the law or in public policy, as to why this procedure should be changed or reversed as suggested by Mr. Funderburg. Attorney Murchison introduced Mr. Carl A. Byrd, Sr., the Senior Economic Representative of the N. C. Department of Economic & Community Development, and stated he would like to comment. Mr. Byrd referenced subchapter 1-E under Industrial and Pollution Control Revenue Bonds addressing the approval of the project in principle and stated the law reads as follows, which in his opinion, addresses the concerns expressed by Mr. Funderburg: "No application will be officially received until the elected Board of Commissioners in the county from which the application is to be made has by resolution approved in principle the proposed project for the issuance of bonds to finance or partially finance the project." Attorney Murchison requested a motion to close the Public Hearing if there are no other public comments. Motion: commissioner Retchin MOVED, SECONDED by Chairman Mathews to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews closed the Public Hearing. () () () [...-, ... -........ H; .. MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 58 Attorney Murchison requested a motion to open the Public Hearing to consider issuance of the revenue refunding bonds Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to open the Public Hearing to consider the refunding of revenue bonds in the amount of $4,600,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. . Chairman Mathews opened the Public Hearing. Attorney Murchison made no further comments on the revenue refunding bonds. Chairman Mathews asked if anyone from the general public would like to comment. 'The following remarks were received: Mr. William Funderburg, a resident of 4321 Blue Clay Road, entered into the record a copy of the procedural process used by the State Industrial Finance section of the N. C. Department of Commerce, the Local Government Commission, and State Treasurer's Office. He stated after numerous appearances before State officials with reference to the procedure used for issuance of industrial revenue bonds, it was his understanding that the procedural process would be changed. Concern was expressed for the fact that permit issues should be addressed actively, not reactively, and the need to provide an opportunity for the public to participate in these bond issues before the Public Hearing. . Mr. Funderburg presented Exhibit J, a letter dated March 9, 1988, addressed to Mr. William Funderburg from Mr. William Dunn, Assistant Secretary of the Department of Commerce, along with Exhibits A-P for entry of 16 exhibits into the record. He strongly opposed approval of the revenue bonds in principal by the County Commissioners until the following items have been presented: (1) Information has been presented by Occidental Chemical Corporation and the State as to what will be burned in the $6,000,000 boiler they intend to build; (2) how this boiler, along with the other three boilers, will impact on air quality; and (3) the negative impact of the discharge into the Cape Fear River. Chairman Mathews stated obviously Mr. Funderburg has not been satisfied with the facts presented by Attorney Murchison, Mr. Wiley Brown, and Mr. Carl A. Byrd, Sr. Mr. Funderburg stated he is not satisfied with the proc~dural process, particularly when industrial revenue bonds are to be issued to provide new manufacturing jobs. Also, permits under NCGS 159.C are to be submitted prior to issuance of the revenue bonds. Attorney Murchison stated this is not the final opportunity for public participation. Mr. Funderburg can address the two state agencies that must approve the project and the bonds. Also, there is no construction of a boiler involved in the project, and the proposed bonds are not industrial revenue bonds, but a pollution control bond issue. ' . Mr. Funderburg commented on the prepared resolution which reads as follows: "WHEREAS, the Authority has determined to issue its revenue bonds in the principal amount of not more than $6,000,000 (the "Project Bonds") to pay all or a portion of the costs of the acquisition, construction and installation of solid waste disposal facilities at Occidental Chemical Corporation's chrome plant located off State Road 1002 in Castle Hayne, New Hanover County, including, but not limited to the closure of an approximately 16-acre landfill/lagoon, recovery wells, pumps and property functionally related and subordinate thereof (the Project") to be owned and operated by Occidental Chemical Corporation;" j ( I I . l '- MINUT~S OF REGULAR MEETING, JULY 6, 1992 PAGE 59 Mr. Funderburg stated according to permits issued for the $6,000 i 000 bond issue, reference is made to a boiler and solid waste facility. He again asked what will be burned in the facility? Mr. Wiley West stated there is no boiler involved in the project. Attorney Murchison stated there is no way to convince Mr. Funderburg that no boiler is involved in the project; therefore, he would request a motion to close the Public Hearing if there are no other public comments. (\, ~ ~ Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Greer to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews closed the Public Hearing. Attorney Murchison read the proposed resolution. Motion: Commissioner Retchin introduced and MOVED, SECONDED by Commissioner Barfield to adopt the resolution approving the following items: (1) the project in principle; (2) issuance of project bonds by the Authority in an aggregate principal amount of not more than $6,000,000 to finance the project; and (3) issuance of refunding bonds by the Authority in an aggregate principal amount of not more than $4,600,000 to refund the 1981 bonds. 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 XX, Page 4. PUBLIC HEARING TO CONSIDER REZONING PROPERTY ON THE WEST SIDE OF BLOSSOM STREET, SOUTH OF HOLLY SHELTER ROAD FROM R-15 RESIDENTIAL TO B-2 BUSINESS (Z-450, 6/92) Chairman Mathews opened the Public Hearing. () Planning Director, Dexter Hayes, reported that the Planning Commission voted to approve the B-2 Zoning with the commercial zoning line extended to within 15 feet of the western right-of-way of Blossom Street to be consistent with a similar rezoning adjacent to the property. This would increase the setbacks required for non-residential structures from existing residential uses on the east side of Blossom Street. There was no opposition present at the Planning commission meeting. Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed rezoning. No comments were received. Chairman Mathews closed the Public Hearing. Motion: commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the B-2 zoning on the west side of Blossom Street, South of Holly Shelter Road with extension of the commercial zoning line within 15 feet of the western right-of-way as recommended by the Planning commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ 1\ i , / A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA CASTLE HAYNE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1985" is hereby incorporated as a part of the minutes and is contained in zoning Book II, section entitled, Castle Hayne, Page 17. POSTPONEMENT OF PUBLIC HEARING TO CONSIDER REZONING PROPERTY ON THE NORTH SIDE OF OLEANDER, EAST OF WILMINGTON CORPORATE LIMITS FROM B- 2 BUSINESS TO O-I OFFICE AND INSTITUTION (Z-451, 6/92) Ms. Carol Wooten, the petitioner, requested postponement of . . . ~ MINUTES OF REGULAR MEETING, JULY 6, 1992, PAGE 60 the petition for 30 days due to extenuating circumstances. Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Barfield to postpone the Public Hearing for 30 days. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER REZONING PROPERTY ON THE EAST SIDE OF MILITARY CUT-OFF ROAD, NORTH OF LANDFALL FROM R-15 TO B-2 BUSINESS AND O-I OFFICE AND INSTITUTION (Z-452, 6/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, stated several interested persons appeared before the Planning Commission to voice their opposition to the proposed rezoning. Concern was expressed for an increase in impervious surfaces creating more run-off that would exacerbate an existing drainage problem downstream, particularly in nearby Cavalier Woods. Other persons felt that additional commercial zoning was not needed in this area. The Planning Commission determined that the proposal as submitted could not be justified; however, some consideration should be given to establishing coherent and consistent zoning boundaries. In this instance, the Planning Commission felt that the southernmost corner of the tract should be rezoned to 0&1 to coincide with similar zoning in Landfall, which borders this portion of the parcel to the south and east. To accomplish this, the Commission recommended that the southernmost five acres be rezoned 0&1 and that the zoning be "squared up" to coincide with that portion of Landfall's. The Planning Staff has generally supported the establishment of a Planned Development District for the site with some modifications, primarily because that approach offered the County the opportunity to control development through site plan review. site plan review would have enabled the County to better address potential environmental impacts, minimize impacts on Military Cut- Off Road through access controls, and control the residential and non-residential land use mix. Staff does not support the applicant's previous attempt to establish general use B-2 Highway Business for the prOperty. This zoning along the road frontage is very inconsistent with County policies for growth and development for commercial locations. The same applies to the current request. Establishment of non-residential general use zoning classifications along the corridor would not comply with growth policies. Also, changes to open-ended non-residential districts leaves the County helpless in controlling strip commercial development and its impact on environmental resources. In addition to the Bradley Creek outfall, parts of the tract currently drain into Howe's Creek. Although it is classified SA(ORW), shellfishing in the creek is closed due to high coliform bacteria counts. Special Highway Overlay District regulations would be activated by a change to non- reaidential classes, but those additional regulations provide no control over access to the highway. Aesthetically, S.H.O.D. does provide some relief but not enough to offset indiscriminate commercial land uses. It has been the County's desire to retain Military Cut-Off Road as a residential thoroughfare. A lengthy discussion was held on the County's control over drainage. Planning Director Hayes stated under a site plan approval the County can place conditions and restraints on a project; however, under an open zoning petition establishing the best use of the property, the County cannot impose these drainage conditions. Commissioner Sutton inquired as to whether an ordinance can be passed that will allow the County to control the drainage process. commissioner Retchin stated the County needs to adopt- a Drainage Plan. j (~ MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 61 commissioner Barfield expressed concern for the petitioner appearing before the Commissioners on three occasions with requesting the applicant to modify the plan. Each time the plan was modified, the applicant was requested to make another change. He stated the property in question is going to be developed; therefore, the County should work with the developer to produce the best use of the property and at the same time allow him to develop the property. Commissioner Sutton commented on the current study being performed on the pollution of Howe's Creek and stated to approve any zoning that would negatively impact this creek would be a grave mistake. Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed rezoning. The following remarks were received: Mr. Raiford Trask, Jr., the petitioner stated he is satisfied with the recommendation of the Planning commission and requested approval of this request. Dr. William C. Sisson, a candidate for County Commissioner and former member of the Planning Commission, expressed concern for changing the law and recommended observing the uses around the property before approving the request. The Planning commission's recommendation would intensify the usage in the northern part of the Planned Development District from 0&1 to commercial. As pointed out by the Planning Director, Mr. Trask's request is for a general use classification which gives the County no control over the development. However, if the northern part of Landfall is intensified, this will have an impact on Mr. Trask's future use of this parcel. Also, Mr. Trask has not subdivided his land; therefore, the Commissioners are being asked to rezone a part of a total parcel from residential to 0&1. If approved, this will leave an unsubdivided parcel, a portion 0&1 and a portion residential, which will encourage Mr. Trask to ask for additional 0&1 use in the future. Another consideration is the fact that the southern portion of the tract drains towara-Howe's Creek and Bradley Creek, which leaves the County no control-over this drainage. Concern was expressed for approving additional commercial zoning when the present commercial property is underutilized. The Commissioners were requested to deny the Planning commission's recommendation, particularly since this proposal is being offered as a compromise. Mr. Hardy Parker, an adjacent property owner, commented on Military Cut-Off Road and stated at each end of the road there is commercially zoned property; therefore, no additional commercial zoning is needed. He requested denial of the rezoning request. Mr. Jack Wiggins, representing the steering Committee of Middle Sound Lookout, commented on the proposed commercial rezoning of five acres from, R-15 to 0&1 and stated if the request is approved, it will further pollute Howe's Creek. He stated the Commissioners have denied this request in the past recognizing the need to protect the creek; therefore, this petition should be denied. . Dr. Robert Brown, a resident of the Middle Sound area, expressed concern for rezoning any portion of the property'to 0&1 and stated once approved, the petitioner will request 'more" of the property to be rezoned. Concern was also expressed for allowing pre-alignment if requested by a developer. The Commissioners were requested to deny the request since no additional 0&1 zoning is needed and to decide on the best use of this property for the common good of all residents living in New Hanover County. Dr. Robert Pharr, a resident of Middle Sound Lookout, commented- on the need to protect clean water and stated the Commissioners have the power to protect our clean water resources. l () () () . . . ':,<,.",. ~ ~ .; 1 . ; MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 62 The Commissioners were urged to deny the proposed rezoning in order to protect Bradley Creek and Howe's Creek. He also reminded the Commissioners running for re-election that questions will be asked pertaining to protecting clean waters and zoning. The following questions were presented: (1) What specific actions have you personally taken to support clean water in New Hanover County? (2) What specific action have you personally taken to support orderly growth in New Hanover County? Chairman Mathews closed the Public Hearing. commissioner sutton expressed concern for the 0&1 classification allowing 100% pavement and stated he cannot support the proposal recommended by the Planning Commission. . , Vice-Chairman Greer expressed appreciation for the remarks pertaining to protecting the environment and stated it is difficult to make a decision that is satisfactory to all parties involved; however, some balance must be maintained to allow for orderly growth. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Barfield to approve the recommendation of the Planning Commission to rezone the southernmost five acres to 0&1. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Vice-Chairman Greer Chairman Mathews Voting Nay: Commissioner Retchin Commission Sutton A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 2 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED DECEMBER, 1995" is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 2, Page 32. PUBLIC HEARING TO CONSIDER REZONING PROPERTY ON PORTERS NECK ROAD FROM R-20 RESIDENTIAL TO CD (O-I OFFICE AND INSTITUTION) AND ISSUANCE OF SPECIAL USE PERMIT FOR NURSING CARE, GERIATRIC AND PHYSICIAN SERVICES (Z-454, 6/92) Chairman Mathews opened the Public Hearing and stated the special use process req~ires a quasi-judicial hearing; therefore, persons wishing to comment must be sworn in by the Clerk to the Board. The following persons were sworn in: Mr. Fred Little Dr. John B. Codington Planning Director, Dexter Hayes, stated the purpose of the conditional use district process is to address situations where a given land use is consistent with the Land Use Plan, but none of the general zoning district classifications would allow an acceptable use. This property is classified Resource Protection. The Land Use Plan's policies for growth and development do not prohibit non-residential development on those lands, provided important environmental resources are not negatively impacted. In this instance, no new building construction is needed to accommodate the geriatric/physician clinic. Some interior renovations are needed, but no changes ,are planned for the health care center. The Planning Commission determined that the site plan should be updated to illustrate that the clinic site had direct access to the Health Care Center's existing internal road system. The use will also have access to Champ Davis Road., The Planning Commission voted unanimously to support the R-20 to CD(O&I) use. J ( MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE .63 Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed conditional use zoning. No public comments were received. Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to approve the rezoning request from R-20 Residential to CD (Office & Institution) zoning. Upon vote, the MOTION CARRIED UNANIMOUSLY. () A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA," is hereby incorporated as a part of the minutes and is contained in Zoning Book II, section 8A, PageJ7: The following Staff findings were presented: General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: -The site has been used for health care related services since 1967. -The site is located within the Ogden Volunteer Fire Department District. -The site has direct access to Porters Neck Road and Champ Davis Road. General Requirement #2: The proposed use meets all required conditions of the County Zoning Ordinance based upon the following findings: () -An appl'ication including a site plan that complies with the specifications and requirements of section 59.7-3 has been submitted. -Adequate acreage is available to accommodate off-street parking for the geriatric clinic. The existing health care center already provides adequate off-street parking. General Requirement #3: The proposed use will not substantially injure the value of adjoining property based upon the following findings: -The health care center and its accessory buildings have been in place on the site for many years. Most of the nearby development occurred after the construction of the center. -No new buildings will be required. An existing residential structure will be renovated to accommodate the geriatric clinic. General Requirement #4: The proposed use will be in harmony with the area based upon the following findings: -The only change in activity for the site will be the addition of geriatric physician services. Other existing health care services on the site have been in operation since 1967 and the geriatric facility will be on the campus with the health center. () Chairman Mathews asked the petitioner if he agrees with the findings of fact as presented. Mr. Fred Little stated he concurs with the findings as presented by the Planning Director. Chairman Mathews closed the Public Hearing. l ~ ~INUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 64 . Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to grant a Special Use Permit for the Conditional Use District based upon the evidence presented concluding that the proposed use has met the four general requirements of the County Zoning Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 3. PUBLIC HEARING TO CONSIDER REAPPROVING EXISTING CONDITIONAL USE DISTRICT CD(B-2 BUSINESS) AND COMPANION SPECIAL USE PERMIT FOR HOME IMPROVEMENT RETAIL CENTER LOCATED ON THE SOUTH SIDE OF OLEANDER DRIVE (Z-400, 3/90, 6/92) Chairman Mathews opened the Public Hearing and stated the special use process requires a quasi-judicial hearing; therefore, anyone wishing to comment must be sworn by the Clerk to the Board. No persons stepped forward to be sworn in. Planning Director, Dexter Hayes, stated the Planning Commission felt it would be prudent to reapprove the original conditional district and companion site plan rather than to rezone the site to its previous classification, Shopping Center District which does not apply since the tract is not seven acres. Chairman Mathews closed the Public Hearing since no persons were sworn in to present remarks. . Motion: Commissioner Retchin MOVED, SECONDED by Barfield to reaffirm the original findings of fact the original Conditional District and companion recommended by the Planning Commission. Upon vote, CARRIED UNANIMOUSLY. Commissioner and reapprove site plan as the MOTION A copy of the Special Use Permit issued May 7, 1990, is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 3. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO ESTABLISH RESIDENCE "INCIDENTAL TO PRINCIPLE USE AT BOATHOUSE MARINA ON BRADLEY CREEK (S-341, 7/92) Chairman Mathews opened the Public Hearing and stated the special use permit process requires a quasi-judicial hearing; therefore, persons wishing to comment must be sworn in by the Clerk to the Board. The following person was sworn in: Mr. Ernest Wilkinson Planning Director, Dexter Hayes, stated the petitioner would like to use a portion of the existing office building for a dwelling in order for it to be occupied solely by a full-time employee of the marina operation. After review, the Planning Commission recommends approval of the Special Use Permit. . The following Staff findings were presented: General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: -No new construction is required. The upstairs floor area of an existing office building would be used to accommodate the dwelling. The existing office building is used to administer the daily affairs of a commercial marina on the site. -Adequate water and sewer services are available. j ,/ ( MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 65 -The site is located within the Seagate Volunteer Fire Department District. General Requirement #2: The proposed use meets all required conditions and specifications of the Zoning Ordinance based upon the following staff findings: -The unit will be occupied solely by a full-time employee of the marina operation. -The use will be in an existing building. setbacks are met. All applicable () -Adequate undeveloped acreage is available to provide an area of open space equal to the total area of the dwelling unit. -The total floor area for the residence does not exceed 50% of the total (gross) floor space of the building. -The unit will be located totally above the ground floor. -Adequate area is available to provide two off-street parking spaces. -A site plan specifying existing conditions and intended uses has been submitted as required by the County Zoning Ordinance. General Requirement #3: The use will not injure the value of adjoining property based upon the following findings: -The residence will be contained in an existing building which serves as the administrative office for a larger-scale commercial marina operation. -No new construction is necessitated by the proposed use. () General Requirement #4: The proposed use will be in harmony with the area based upon the following findings: -Residential uses are located to the south along the southern banks of Bradley Creek. -The exterior facade of the building where this use will be located will not be altered. Chairman Mathews asked the petitioner if he agrees with the findings of fact as presented by the Planning staff. Mr. Wilkinson stated he concurs with the findings as presented. Chairman Mathews asked if anyone from the general public would like to speak in opposition to issuance of the Special Use Permit. No public comments were received. Chairman Mathews closed the Public Hearing. Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to grant the Special Use Permit as requested based upon the evidence presented concluding that the use does satisfy the four general requirements of the County Zoning Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. o A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page> 3. BREAK Chairman Mathews recessed the meeting from 9:40 P.M. until 9:50 P.M. . . . ~ H~NUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 66 PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ESTABLISH PROVISIONS REGULATING THE LOCATION AND DURATION OF TEMPORARY SALES AND USES (A-233, 5/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, stated the proposal is a by- product of a text amendment filed by Mr. Railey Williams. The petitioner sought to establish temporary sales for Christmas tree sales and pumpkin lots on 30 day intervals, not to exceed 90 days with 15-day breaks between each operational period. The amendment would also have included the use of portable toilets for on-site bathroom facilities. The Planning commission determined that current regulations do not adequately address temporary sales operations; therefore, it could not recommend rule changes for the use of portable toilets that might be contradictory to state and local health laws. In this instance, state law explicitly prohibits the use of portable toilets except in limited circumstances. The Planning commission debated various temporary uses recommended by staff and approved the following text amendment: 1. Add: 61.4 Temporary Uses and Activities Not Elsewhere Classified - Other temporary uses and activities as noted in the table below may be permitted subject to a provision of adequate sanitation facilities pursuant to Health Department regulations, as applicable and the requirements of the table. USE PERMITTED DISTRICTS DURATION Outdoor bazaars excluding yard sales 3 days All districts Christmas tree sales Pumpkin sales 45 days 30 days All commercial, industrial & of- fice districts Special fund raising for non-profit organizations 3 days All districts Evangelistic and religious assemblies not conducted at church 14 days All districts 2. Amend Table of Permitted Uses. Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed text amendment. No comments were received. Chairman Mathews closed the Public Hearing. commissioner Barfield commented on consistency and inquired as why there is a difference between a temporary sales site and persons selling from trucks? Commissioner Retchin stated persons selling from trucks are considered peddlers and do have to obtain a peddler's license. commissioner Sutton requested Assistant County Attorney Burpeau to explain the exemptions for itinerant merchants. Assistant County Attorney Burpeau stated NCGS 105 defines the privilege license and tax for itinerant merchants as well as certain exemptions. For example, exemptions are provided for someone selling Christmas trees that are grown on their own j ~ / i I I I MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 67 property, or for craftsmen making their own items for sale; however, the proposed text amendment is a zoning regulation to supplement the tax laws and the privilege license required by the state law. commissioner Sutton stated this text amendment pertains to zoning only and will avoid itinerant merchants from selling goods in residential areas. The privilege license requirements and, sanitation issues are handled by the State and Health Department. () Motion: After discussion of changing the word "may" to "shall", in the proposed ordinance, Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to approve the proposed text amendment as recommended by the Planning Commission with a change of the word "may" to "shall". Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 4. PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO CLARIFY DEFINITIONS RELATING TO LOT FRONTAGE FOR CORNER LOTS ON PUBLIC AND/OR PRIVATE STREETS (A-236, 6/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, stated the Planning Commission felt that clarification was needed to clarify setbacks for accessory buildings on corner lots in residential districts; however, other sections of the Ordinance should be amended to promote consistency. The Commission determined that staff's proposal would be more effective if references to "public streets" or "rights-of-way" in sections 23-37 and 23-43 included a similar reference to private streets. The Planning Commission voted unanimously to amend the text as follows: o 23-19 Lot Frontage: The front of a lot shall be construed to be that portion abutting on a street, including the side dimension of a corner lot... 23-37 Street: A dedicated and accepted public or private right-of-way... 23-43 across street. Yard, Front: A yard extending between side lot lines the front of a lot adjoining a public or private Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed text amendment. No public comments were received. Chairman Mathews closed the Public Hearing. commissioner Retchin inquired as to why this text amendment is necessary. Planning Director Hayes stated if lot frontage is not defined, it presents difficulty in determining the setback on a lot with two street frontages. () Motion: After further discussion, Vice-Chairman Greer MOVED, SECONDED by Chairman Mathews to approve the text amendment as recommended by the Planning Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, 'NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY "-. ~ MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 68 ADOPTED OCTOBER 6, 1969," is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 4. PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO CLARIFY OPTIONS THE BOARD OF COUNTY COMMISSIONERS CAN EXERCISE FOR SUBDIVISION APPEALS (A-237, 7/92) Chairman Mathews opened the Public Hearing. . Director of Planning, Dexter Hayes, stated this text amendment was initiated by the Planning Commission to clearly establish the various options the County Commissioners can exercise as a result of a subdivision appeal from the Technical Review Committee. The following change is recommended: Revise 32-3 (2) (C) to read as follows: Decisions of the Planning Commission Chairperson may be appealed to the Board of County Commissioners at which time they may affirm, modify, supplement, or remand the decision to the Planning Commission Chairperson. Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed text amendment. No public comments were received. Chairman Mathews closed the Public Hearing. Discussion was held on the need to provide guidelines in the subdivision appeals process, particularly with the recent appeal concerning the Georgia Place Subdivision. . Motion: After further discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Retchin to approve the Subdivision Text Amendment as recommended by the Planning commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDTNG the Subdi v.. . ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 196? 'I is hereby incorporated as a part of the minutes-ana-ls con~alnea in Exhibit Book XX, Page 4. PUBLIC HEARING TO CONSIDER ROAD CLOSING SOUTHEAST OF EASTWIND ROAD/CROSS CREEK ROAD INTERSECTION, EASTWIND SUBDIVISION (SC-56, 7/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, stated the subject unnamed road is a 60 foot dedicated, unimproved right-of-way that is a part of the Eastwind Subdivision. This road stub has a length of approximately 2335 feet and is located southeast of the Eastwind Road/Cross Creek Road intersection. Plans to extend or connect this road to Surrey Downs Court did not materialize. Given the limited functional use of this right-of-way, the Planning staff concurs with the applicant's request to close the road, provided that a 40 foot utility easement is included. . Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed road closing. The following remarks were received: Mr. James R. LeCroy, the petitioner, requested closure of the road in order to pave his driveway for access to his garage. When the lots were purchased, the road was to be paved by the developer; however, when the road could not be connected to Surrey Downs, the developer decided not the pave the road. This has resulted in a mud road that needs paving. Due to the fact that the driveway should have been paved with the original purchase of the property, during which time sewer lines were installed, he requested relief from the County if the driveway is damaged due to future sewer line j ( l I I ! MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 69 repairs, since the pipe to the sewer system runs under the driveway. Emphasis was placed on the fact that if the driveway had been paved as originally planned, it would have been replaced back to its original state when the sewer system was installed. County Engineer, Wyatt Blanchard, stated if the road is paved when acquiring an easement for the sewer, the road would be repaved; however, if the road is not paved when acquiring an easement, the road would not be repaved by the County. He cautioned setting a precedent if this waiver is granted. () Mr. LeCroy stated this is an unusual situation due to the fact that the right-of-way status was intended for a road with homes constructed for garage and driveway connections facing a road that is not now in existence. Chairman Mathews closed the Public Hearing. Motion: Commissioner Barfield MOVED, to approve the road closing of the unnamed road in Eastwind Subdivision with retainage of a 40- foot utility easement as recommended by the Planning Staff with the owner assuming any responsibility for repaving if the County should have to perform sewer work in the future. The floor was opened for discussion. Commissioner Sutton recommended not including reimbursement clause, but suggested that the road according to the County ordinance already in place. the non- be closed After discussion, Mr. LeCroy withdrew the relief request and asked the Commissioners to approve the road closure. Substitute Motion: After further discussion, Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to approve the road closing of the unnamed road in Eastwind Subdivision with retainage of a 40- foot utility easement as recommended by the Planning staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. o A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX ,. :eag~ - 4. :.' PUBLIC HEARING TO CONSIDER NAMING A ROAD WEST OF THE GREENVILLE LOOP ROAD/TOWLES ROAD INTERSECTION TO PACIFIC ROAD SN-67, 7/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, stated the unnamed road is 300 feet west of the Greenville Loop Road/Towles Road intersection. The road has a 30 foot easement with approximately 4 to 5 homes. If the name, Pacific Road, is approved, new house numbers will be assigned and residents will incur the cost of the street sign. Emphasis was placed on the need to identify the road to provide emergency services and other general services. Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed road name. The following comments were received: Mr. Paul F. Wells, the petitioner, commented on the need to name the road in order to receive emergency services and requested approval of the petition to name the road Pacific Road. o I I I i I l Mr. Eugene H. Croom, 6555 Greenville Loop Road, requested denial of naming the road due an increase of traffic encouraging persons to use this road, which crosses his property. Concern was expressed for problems already experienced with stealing of items and people looking into his back windows. Chairman Mathews commented on a sign now located on the northeast side'of Greenville Loop Road and asked Mr. Croom if this sign has increased traffic to his property? ,:;..,,,-.,, "',,'> ~ .~ i~1~; MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 70 Mr. Croom stated this sign has increased traffic. commissioner sutton recommended erecting a sign that will identify the road as a private road. Mr. Croom stated this can be done; however, this will not keep people and traffic from using the road. . Ms. Anna H. Wells, a resident on the unnamed road for the past 30 years, stated the road has been in place for 50 years and owned by Ms. Mary Bordeaux. When needing emergency services, prompt response cannot be received without a road name and sign. The Commissioners were urged to approve the road name as petitioned. Mr. Croom stated he purchased the property in 1979 and that Ms. Bordeaux does not own the road. He expressed concern for Ms. Wells telling an untruth and stated for the past two years, Ms. Wells has been harassing Mr. Pendergrass and his family. Also, due to disagreements over repairing cars in his yard, Ms. Wells has called the County Enforcement Officer. He stated if the road is to be named, only the backside of the 30 foot right-of-way should be named, and he would like to select the name. Vice-Chairman Greer recommended naming the 30 foot right-of- way with notification to the 911 Center of the road location and name. This will avoid placing a sign on Greenville Loop Road and satisfy all parties involved. commissioner Sutton inquired as to whether it is stipulated in Ms. Wells' deed that she has the right to cross Mr. Croom's property? . Ms. Judy Bordeaux, an adjacent property owner behind Mr! Croom, stated her deed specifically states she has a 30 foot right- of-way in and out of the property. commissioner Barfield commented on personality conflicts involved in this matter and stated the Board should place emphasis on naming all unnamed roads in New Hanover County in order to provide emergency services. Mr. James Pendergrass, 6531 Greenville Loop Road, stated five years ago, addresses were changed and inquired as to whether addresses would be changed with the new road name? Planning Director Hayes stated addresses will have to be changed according to the road name; however, persons with frontage on Greenville Loop Road will not have an address change. Chairman Mathews closed the Public Hearing. Motion: Commissioner Barfield MOVED, SECONDED by Chairman Mathews to approve naming the unnamed road to Pacific Road with the residents incurring the cost of the street sign. Upon vote, the MOTION CARRIED AS FOLLOWS: . Voting Aye: Commissioner Barfield Commissioner Retchin commissioner Sutton Chairman Mathews Voting Nay: Vige-Chairman Greer A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XX, Page 4. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM #10, BID WITHDRAWAL AND AWARD~ .FOR THE WRIGHTSBORO COMMUNI.TY, DEVELOPMENT. BLOCK, GRANT (CDBG) PROJECT . , . Commissioner Retchin commented on the number of times the ~ ~ / ( I l MINUTES OF REGULAR MEETING, JULY .6, 1992 PAGE 71 contractor has withdrawn his bids and inquired as to why bid withdrawals are occurring? He expressed concern for contractors taking the most lucrative work and ignoring the smaller jobs. Planning Director Hayes stated this particular contractor was successfully awarded two CDBG bids and is presently working to complete one project. Once becoming involved with the County, he has experienced problems in following the County guidelines and regulations; therefore, he would like to withdraw the bid awarded for 2431 Acorn Branch Road. () Discussion was held on whether the County has to accept the contractor's bid. County Attorney Copley stated the contractor is not the lowest responsible bidder if there is evidence that this work is not diligently being carried out, particularly if the work has ceased in the middle of a project. Planning Director Hayes stated the next lowest bidder, South East Construction, does satisfactory work; therefore, he would recommend award of the bid to this contractor. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to: (1) allow Insight Builders (John Evans) to withdraw the contract for the CDBG housing project located at 2431 Acorn Branch Road; (2) to instruct staff not to allow Mr. Evans to bid on a County Project for a year; and (3) award the bid to the next lowest bidder, South East Construction in the amount of $8,250. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Motion: Commissioner Retchin MOVED, SECONDED by Chairman Mathews to convene from Regular Session to hold a meeting of the New Hanover County Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. () Chairman Mathews convened from Regular Session at 9:50 P.M. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews reconvened to Regular Session at 10:15 P.M. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Proposed 3-Mile Fishing Zone Off of Coastal Waters Commissioner Sutton commented on the large sums of money invested by the private sector to establish artificial fishing reefs off the coast of New Hanover County and strongly objected to the proposed 3-mile fishing zone which prohibits fishing from 3 miles off the coast to the continental shelf and encompasses approximately 15 of the County's fishing reefs. He expressed concern for the local economy if this proposal is enacted and recommended preparing a resolution to express the County's opposition. () Assistant County Manager, Dave Weaver, stated after discussion with a member of the State staff who served on the original committee to establish the 3-mile fishing zone, it was the intent of this action to apply to bottom fishing only. Also, at that time the fishing zone was not to be placed near urban areas. It is felt that this proposal will not be enacted. Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to prepare a -resolution opposing the location of the proposed 3-mile fishing zone in the area 'where New Hanover County's artificial reefs are located. The floor was opened for discussion.' ~ ~;.:l ~ \ MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 72 County Manager O'Neal stated the first Public Hearing is being held in New Bern the week of October 23, 1992. He requested the Board to allow staff to investigate this matter and prepare a resolution to be presented for approval at the first meeting in August. . Commissioner sutton expressed concern for waiting too late to present the County's opposition. Vice-Chairman Greer and Commissioner Barfield requested time for further study of this issue before taking action. Consensus: After discussion of the need to further study the matter and develop the proper channels for directing the County's efforts, it was the consensus of the Board, with the exception of Commissioner Sutton, to request the County Manager to prepare a resolution and recommendation on the proposed 3-mile fishing zone to be presented to the Commissioners on August 3, 1992. . DISCUSSION ON REAPPOINTMENT OF MS. ANNE HARDAWAY TO SERVE ON THE NURSING HOME ADVISORY COMMITTEE Commissioner Retchin apologized for making a mistake when nominating another applicant to serve on the Nursing Home Advisory Committee instead of reappointing Ms. Anne Hardaway at the June 15, 1992, meeting. He commented on a committee appointment policy adopted by the Board in November, 1990, stating that nominations for appointments are to be introduced at the first meeting of the month with final appointments on the second meeting and suggested that this policy be followed to avoid situations of this type from occurring in the future. Concern was also expressed for a general feeling in the community that the County Commissioners are not appreciative of volunteers who serve on various boards and the problem that may be experienced when trying to recruit volunteers. Motion: Commissioner Retchin stated in order to correct this mistake and assure the community that volunteer service is very much appreciated, he would MOVE to reappoint Ms. Anne Hardaway to serve a 3-year term on the Nursing Home Advisory Board. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. . Vice-Chairman Greer expressed regret for the problems experienced by not appointing Ms. Hardaway and stated there was no scheme or intent by him to hurt or damage Ms. Hardaway. However, all parties involved must be reminded that all applicants are appointed to serve a specified term, and at the end of that term, the appointment expires. If a person desires to be reappointed, they are requested to notify the Clerk to the Board, and in many cases, if there is a strong desire by an individual to be reappointed, each County Commissioner is contacted by that person. In this particular case, he was not contacted by Ms. Hardaway, or he would have been happy to support her. Concern was expressed for the feeling created in the community insinuating that Commissioners did not do their jOb, and particularly for the press release prepared by the Nursing Home Advisory Committee which expressed disappointment with the decision and specifically stated, "We are APPALLED with the manner in which this was accomplished." Vice- Chairman Greer stated he was upset about these types of remarks and, again, reiterated that County Commissioners were not against Ms. Hardaway. Commissioner Retchin stated there is no question about the members of the Board not wanting to harm Ms. Hardaway; however, clarification may be necessary with respect to members of the various boards and committees approaching each County Commissioner when desiring reappointment. Chairman Mathews commented on his letter to the editor of the Star~News and recommended.scheduling a Work Session with the ,County Commissioners, members of the Nursing Home Advisory Committee; a representative from each of the Nursing Homes; and representatives j /~ ( , I l MINUTES OF REGULAR MEETING, JULY .6, 1992 PAGE :'/3 from the Cape Fear Council of Government in order to discuss and resolve any differences that may still exist. commissioner Barfield expressed concern for asking representatives from the nursing homes to attend the Work Session and stated emphasis should be placed on fully understanding the policies and procedures governing the duties and responsibilities of the Nursing Home Advisory Committee. He recommended scheduling a Work Session with representatives from the Cape Fear Council of Governments and members of the Nursing Home Advisory Committee, including Ms. Hardaway, to thoroughly discuss issues before reappointment or appointment of another member to serve on this committee. He also expressed concern for accusations on the radio talk shows inferring preconceived notions that he was involved in some form of action to hurt Ms. Hardaway. () commissioner Retchin commented on holding a meeting with Mr. David Tripp; Ms. Anne Hardaway; and Ms. Carolyn Soders, a representative of the Council of Government, to discuss the guidelines for the Nursing Home Advisory Committee. He stated there is, perhaps, some misunderstanding about the duties and responsibilities of the parties involved; however, he has full faith in the nursing home administrators and feels they.are doing the best job possible. He stated administering proper care to our elderly citizens residing in nursing homes must be provided. commissioner Barfield reminded the Board that members desiring reappointment to other boards have not always been reappointed and stated this action did not set a precedent; however, he very much dislikes being accused of performing underhanded acts when they are not true. Motion: After further discussion, Chairman Mathews MOVED, SECONDED by Vice-Chairman Greer to postpone appointing a member to serve on the Nursing Home Advisory Committee until after a Work Session is held with the Board of County Commissioners, members of the Nursing Home Advisory Committee, a representative of each Nursing Home, and representatives of the Cape Fear Council of Governments for the purpose of resolving any differences that may exist between the parties involved. Upon vote, the MOTION CARRIED UNANIMOUSLY. o commissioner Sutton recommended recruiting minority representation on the Nursing Home Advisory Committee and also increasing the membership of the Committee in order to have an adequate number of members to make quarterly visits to the five nursing homes. He also commented on the number of resignations on the Nursing Home Advisory Committee and stated it appears that some unrest does exist. He asked the Clerk to Board if an unusual amount of resignations occur on this committee? Clerk to the Board, Lucie F. Harrell, stated many resignations due occur on this committee due to the amount of time needed to visit the nursing homes as well as becoming discouraged when seeing the physical conditions of the elderly. She also commented on the difficulty in recruiting applicants to serve on the Nursing Home Advisory Committee and Domiciliary Committee. commissioner Sutton commented on the State Statute requiring three members of the Nursing Home Advisory Committee to be present when visiting a nursing home and stated with only seven members, it is difficult for this committee to comply to this law. He stated increasing the membership would allow the members to rotate more frequently and hopefully prevent some of the discouragement and sadness that is associated with inspecting the homes. He requested that this item pe discussed at the Work Session; () commissioner Barfield commented on the fact that some of our elderly are mistreated in the nursing homes and stated this is why the. guide'lines of the Nursing Home Advisory commi tteemust be reviewed among the parties involved to see if they are being ~ MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 74 . followed, and if additional regulations are needed to prevent any type of abuse. Commissioner Sutton stated the Nursing Home Advisory Committee is very much needed in order to protect our elderly citizens residing in nursing homes. Also, according to the minutes of the Nursing Home Advisory Committee, the Ombudsman from the Cape Fear Council of Governments is constantly emphasizing the need for additional training for the members of the committee. He inquired as to the impetus of this statement and recommended discussion of this item at the Work Session. REPORT ON THE BOARD OF FIRE COMMISSIONERS Commissioner Barfield reported that a meeting will be scheduled with the volunteer firemen and the members of the Board of Fire Commissioners to discuss appointments to the Fire Commission and concern for the composition of the Board. The County Manager and Emergency Management Director will be present. Once a date is established, the Commissioners will be invited to attend. DISCUSSION OF MANAGEMENT ENTITY FOR THE HEALTH DEPARTMENT Chairman Mathews inquired as to why the Health Department is no longer certifying septic sewer treatment systems? . Vice-Chairman Greer stated last year the State enacted a law prohibiting county governments (via the Health Department) from approving septic systems unless a monitoring and records maintenance system was implemented. After review, the Board of Health decided not to become the management entity since it was felt that this responsibility could be provided by the private sector. Effective July 1, 1992, the Health Department is no longer approving the septic systems; however, due to complaints received, there is some discussion about this matter. County Manager O'Neal stated discussion is being held on a request by the Health Department to use the revenue derived from the permits for hiring a clerk 25 hours a week to maintain records. After review by the Management Team, he is now inquiring as to why this clerical position is needed. At this time, he is not convinced that a clerical position is necessary; however, further discussion is being held. . Deputy County Manager, Mary Gornto, stated effective July 1, 1992, the Health Department is no longer issuing new permits for septic systems classified at a 4,5, or 6 level since the Board of Health decided not to authorize the Health Department to become the management entity. The Commissioners may receive complaints from persons who have already begun the permitting process, but have not received a permit or installed the septic system; or from persons planning to use septic systems. The Health Director is meeting with the Executive Committee of the Board of Health to see if some leniency can be granted in situations of this type during this period of time. There are two local companies who are certified and can perform the required monitoring and records maintenance; therefore, time is needed to determine the best options available for handling the monitoring and records maintenance program. Commissioner Retchin expressed concern for the perception that the Board of County Commissioners denied funding in the FY 1992-93 Budget which has created this problem. County Manager O'Neal stated a position was denied; however, the requirement for this clerical position is being discussed and hopefully a recommendation will be on the next agenda. Motion: After further discussion, Commissioner Sutton MOVED, SECONDED, by Chairman Mathews to direct the County Manage~ to find a way to serve these systems, either public or private. Upon vote, the MOTION CARRIED UNANIMOUSLY. j (~ I MINUTES OF REGULAR MEETING, JULY 6, 1992 PAGE ,,7.5 ADDITIONAL ITEMS - COUNTY MANAGER Topics to be Discussed at the Nursing Home Advisory Committee Work Session County Manager O'Neal requested direction as to the topics to be discussed at the Nursing Home Advisory Committee Work Session. Consensus: After discussion, it was the consensus of the Board to discuss the following items: (1) work out differences among the parties involved; (2) discuss the responsibilities of the Nursing Home Advisory Committee; (3) discuss increasing the number of members serving on the Nursing Home Advisory Committee. The County Manager was directed to schedule a meeting at a later date and allow enough time to thoroughly discuss this matter. ADOPTION OF RESOLUTION FOR LAND RECORDS MANAGEMENT GRANT Planning Director, Dexter Hayes, stated New Hanover County and the City of Wilmington through an Interlocal Agreement are jointly involved in the implementation of a geographic information system known as MAPS (Management And Planning system). The Commissioners were requested to adopt a resolution authorizing New Hanover County to submit the 1992-93 Land Records Management Grant Application for matching funds to assist in the automation of the County records. The funds have been budgeted for FY 1992-93. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to adopt the resolution as presented. 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 XX, Page 4. Report on the Juvenile Services Center Deputy County Manager, Mary Gornto, stated the State will require 30 days for hiring and training of personnel to operate the Juvenile Services Center. The County has proposed to operate the Center for 30 days if the State will pay the salaries of County employees. Also, the County has agreed to pay the operating costs (primarily food and utilities) if New Hanover County clients are not charged the per day rate by the State. The State has agreed to these terms and if the bill is enacted, the County will be reimbursed for operational expenses. The County is operating on a good faith effort, and it hoped that the General Assembly will approve the request. AUTHORIZATION TO ADOPT A RESOLUTION AUTHORIZING THE VICE-CHAIRMAN TO EXECUTE DOCUMENTS FOR THE FINANCING OF THE JAIL EXPANSION PROJECT Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to authorize the Vice-Chairman to execute the necessary documents for financing of the Jail Expansion project since the Chairman will not be available on July 13, 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY. *Ccpy of Resolution contained ln Exhibit Book XX, Page 4 EXECUTIVE SESSION Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to convene from Regular Session to Executive Session for discussion of a real estate matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews convened to "Executive Session at 11:45 P.M. Motion: commissioner Retchin MOVED, SECONDED by Commissioner Barfield to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews reconvened to Regular Session at 12:15 A.M. () () () 1, . ~INUTES OF REGULAR MEETING, JULY 6, 1992 PAGE 76 ADJOURNMENT Motion: Commissioner Retchin MOVED, SECONDED -by Commissioner Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews adjourned the meeting at 12:16 A.M. . Respectfully submitted, ~F~~ Clerk to the Board . . j