Loading...
HomeMy WebLinkAbout1993-04-19 Regular Meeting '""'llIJIl MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 416 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 19, 1993, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. . Members present were: commissioners Sandra Barone; William A. Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend John Pearsall gave the invocation. Vice-Chairman Mathews led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether 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: . Concern for Contract with Ogden-New Hanover Volunteer Rescue Squad Lt. Cordie Hieronymus, representing the Ogden-New Hanover Volunteer Rescue Squad, reported on the cooperative working relationship between New Hanover County and the rescue squad and urged the Commissioners to continue to contract for their services. Consideration of Resolution Opposing Unfunded State and Federal Mandates Mr. Joe Madsen requested the Board to adopt a resolution that will allow New Hanover County to join in the efforts of Gaston County to protest unfunded mandates. Emphasis was placed on the importance of counties forming a group to say no to these programs. APPROVAL OF CONSENT AGENDA Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of April 5, 1993, and the minutes of the March 18, 1993, Work Session with the New Hanover Regional Medical Center Board of Trustees as presented by the Clerk to the Board. -. Adoption of Resolution Requesting Addition of Roads to the State Highway System The Commissioners adopted a resolution requesting the addition of roads in Weatherwood at Summerfield Subdivision to the State Highway System (Div. File No. 730-N). A copy of the resolution is hereby incorporated as a part of ~ the minutes and is contained in Exhibit Book XXI, Page 1. Authorization to Apply for the Title III, Part F, Disease Prevention and Health Promotion Services Grant - Department of Aging The Commissioners authorized the Department of Aging to apply for the Division of Aging Title III, Part F Grant to support the ~ ( I I I I \ $1,953 $ 500 $2,522 $ 822 $ 200 $ 36 $1,250 $1,192 $ 200 n $ 275 MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE '417 following Senior Center Projects in FY 1993-94: (1) Two-day Health Symposium; and (2) Five-day Art Exhibit/Classes by Elizabeth Layton. The total grant is $7,600, and the County over match in the Senior Center budget will be used as the required 15% match. Amendment of Interlocal Agreement (Contract #93-0220) Hazardous Materials Response Services Contract The Commissioners approved an amendment to the Interlocal Agreement Hazardous Materials Response Service contract to allow the City to be reimbursed at a rate of $50 per hour for firefighters required on the scene of a major hazardous materials event in accordance with OSHA Regulation 1910.120. A copy of the amended contract is on file in the Legal Department. Adoption of a Resolution Accepting an Offer from William Bordeaux for the Sale of Surplus Property Owned Jointly by the City of wilmington and New Hanover County The Commissioners adopted a resolution accepting an offer from William Bordeaux for the sale of the following surplus property owned jointly by the City of Wilmington and New Hanover County: Parcel Number R0048-13-037-011.000 Address 817 Walnut Street Amount of Offer $4,200 The property has an ad valorem tax value of $6,864 and was secured by the City and County in June, 1992, at a cost of $3,000. The offer will be duly advertised for upset bid. \I A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 1. Approval of Budget Amendment #93-0177 - Department of Aging The Commissioners approved the following Budget Amendment: 93-0177 Various Aging Department Credit Debit Department of Aqinq/Nutrition Home Delivered Meals Aging Nutrition USDA Departmental Supplies Department of Aqinq/Nutrition Conqreqate Aging Nutrition USDA Employee Reimbursements Departmental Supplies Department of Aqinq/Senior Center Telephone Expense Printing Charges Departmental Supplies Department of Aqinq/Transportation Departmental supplies Employee Reimbursements Purpose: To budget additional USDA money received for the meal programs at the Department of Aging. The additional funding is due to an increase in the reimbursement rate. The funds will be used to make up anticipated shortfalls in various Aging line items. Approval of Budget Amendment #93-0184 - Health Department - Home Health The Commissioners approved the following Budget Amendment: () () . . . () ~ MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 418 93-0184 Health Department/Home Health Debit Credit Health Department/Home Health Home Health Fees - Medicare $340,000 Contracted Services Departmental Supplies $300,000 $ 40,000 Purpose: To increase Home Health revenues ansi operating budget due to increased contracted services visits. Budget Amendment #93-0186 - Non-Departmental/Outside Agencies - Economic & Physical Development Debit Credit Non-Departmental Contingencies $2,000 outside Aqencies - Economic & Physical Development Chamber of Commerce $2,000 Purpose: To budget a contribution to the Chamber of Commerce for support of the Legislative Weekend to be held in New Hanover County on May 22-23, 1993. Authorization for the Register of Deeds to Dispose of Records The Commissioners authorized the Register of Deeds to destroy Jury cards for the year 1989 in accordance with N.C.G.S. 9-7. Acceptance of Tax Collection Reports Through March 31, 1993 The Commissioners accepted the fOllowing Tax Collection Reports through March 31, 1993, as submitted by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Release of Vehicles certification Penalties The Commissioners released the following vehicle certification penalties because this was the taxpayer's first offense or the taxpayer had listed in another county: Filippini, Nello A., Jr. Reynolds, William Lamb $100 $100 Tax Appeal of Value on Denial of Exemption and Discovery - Lutheran Services for the Aging The Commissioners accepted the recommendations to approve the reduction in penalty. This action is agreeable with the Tax Administrator's value and release the appellant. Approval of Change Order for LS3P Contract #92-0297 to Provide Additional Services The Commissioners approved a Change Order in the amount of $3,625 to provide additional consultant services for wetlands permitting that will be required for the Castle Hayne and Ogden area parks. The County Manager was authorized to execute the necessary documents. A copy of the Change Order is on file in the Legal Department. PRESENTATION OF NEW HANOVER COUNTY EMPLOYEE SERVICE AWARDS On behalf of the Board, Chairman Greer congratulated and presented service awards to the following employees for their dedicated service to New Hanover County: ~ ( I I I l M.INUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 4.1~ NAME YEARS OF SERVICE 5 10 10 15 15 Michal Benegasi, Tax Department Henry Chishlom, Print Shop Betsy Harvey, Library James Bethune, Tax Department Ruth Jenkins, Tax Department The following employees were unable to attend and service awards will be distributed by the Human Resources Department. () Sharon Lane, MIS Department Tabandeh Zand, Health Department Jane Zygmunt, Finance Department Susan Raymer, Health Department Delores Carpenter, Sheriff's Dept. 5 10 10 10 15 REPORT ON VISIT TO CAROLINA FOOD PROCESSORS BY COMMISSIONER WILLIAM E. SISSON, JR. AND ADOPTION OF RESOLUTION REQUESTING THE N. C. GENERAL ASSEMBLY TO BRING AGRICULTURE ACTIVITIES UNDER THE UMBRELLA OF ENVIRONMENTAL OVERSIGHT Commissioner william E. Sisson, Jr., reported on his visit to Carolina Food Processors on February 19, 1993, and meeting with the Plant Manager, Henry Morris; Operations Manager, Ray Krause; Waste Treatment Plant Operator, Charles Fierro; and State DEM Representative, Mick Noland. Emphasis was placed on the fact that plant management is making a good faith effort to comply with the terms of their permit and respond to the violations that have occurred to ensure they do not occur again. Due to the rapid growth of agriculture activities and feeder farms in southeastern North Carolina, there is a need to ensure that environmental regulations, such as groundwater and air pollution, are met. The Commissioners were requested to take the following action: n Adopt a resolution urging the North Carolina General Assembly to pass legislation that will bring agriculture activities under the environmental umbrella which now covers industrial and commercial activities; and support legislation to allow third party appeals of environmental permits at the administrative level. Motion: Commissioner Sisson MOVED to adopt the resolution as presented. The floor was opened for discussion. commissioner Caster requested that the items listed in the resolution be separated with the third-party appeals being removed and discussed at another meeting. Amended Motion: After discussion of separating the items and hearing a presentation on the third party appeals process at another meeting, commissioner Sisson AMENDED THE MOTION to adopt a resolution urging the General Assembly to enact legislation that will bring agricultural activities under the environmental umbrella which now covers commercial and industrial activities. THE MOTION WAS SECONDED by Commissioner Caster. The floor was opened for discussion. Chairman Greer expressed concern for placing additional regulations on farmers and emphasized the importance of growing and producing enough food to feed the citizens of the state and nation. n / commissioner Sisson reported agriculture is the main source of non-point pollution in the State, and if regulations are not adopted to avoid pollution of the surface water, local governments and its citizens will pay the cost. Agriculture must be considered as an industry with proper regulations for pollution control. Upon vote, the AMENDED MOTION CARRIED AS FOLLOWS: ~ :M~'NUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 420 commissioner Caster Vice-Chairman Mathews Commissioner sisson commissioner Barone Chairman Greer . A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 1. vi POSTPONEMENT ON PRESENTATION OF TEN-YEAR FACILITIES HANOVER COUNTY SCHOOLS County Manager O'Neal reported that Dr. Superintendent of Schools, has requested postponement since he is unable to attend the meeting. PLAN FOR NEW Tom McNeel, of this item Consensus: It was the consensus of the Board to postpone this item until the regular meeting of May 3, 1993. ADOPTION OF ORDINANCE AMENDMENT TO CHAPTER 12, OFFENSES, ARTICLE II, EXPLOSIVES, SECTION 12-17, DISCHARGE OF FIREARMS, NEW HANOVER COUNTY CODE - SECOND READING Commissioner Sisson recommended amending the proposed ordinance as follows: (1) change the word, and, to "or" and delete the word, "wanton" under section (a) (1). It is difficult to secure a conviction on a wanton basis because this term is traditionally associated with a willful act. This places a heavy burden of proof on the person aggrieved. . Further discussion was held on a definition of words, such as "wanton" and the need to define these words in order to enforce the ordinance. commissioner Barone inquired as to whether this ordinance follows the State Statute and stated, if so, she is comfortable with the proposed ordinance as written. Chairman Greer agreed. County Attorney Copley responded that the proposed ordinance does track the State language. commissioner Sisson responded that Ms. Barone lives in the ci ty and under the City's Firearms Ordinance, which prohibits firing of a gun in the City Limits; therefore, it is difficult for her to understand the problems being experienced in high density residential areas of the County. Motion: After discussion, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to approve the Discharge of Firearms Ordinance as proposed with a change in the word "and" to "or". The floor was opened for discussion. . Mr. Joe Kardos, a resident of 6409 Strawfield Drive, expressed concern for the ordinance being considered and requested the Commissioners to place a 1,000 ft. distance criteria in the ordinance and a provision for hunters carrying firearms on public highways. As a resident living in the rural area of the County, shotgun fire is frequently heard, and an incident did occur where a bullet went through the window of a home in a residential area; fortunately, no one was home. The Commissioners were urged to protect the public safety of citizens living in the county. Mr. Charles Godwin, representing the sportsmen, requested the Commissioners to adopt the ordinance presented at the last meeting which follows the State law. Upon vote, the MOTION to approve the ordinance with changing the word "and" to "or" CARRIED AS FOLLOWS: ~ --- ( I I ~ MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 42,1. Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Vice-Chairman Mathews Voting Nay: Chairman Greer '-I' A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 1. This ordinance will be codified into the New Hanover County Code. () Vice-Chairman Mathews recommended requesting the Sheriff to make a concerted effort to enforce the ordinance in order to convey the message that persons will be convicted when caught carelessly and heedlessly discharging firearms. Consensus: It was the consensus of the Board for the Chairman to contact the Sheriff with reference to enforcement of the ordinance. ADOPTION OF AMENDMENTS TO THE SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE IN THE NEW HANOVER COUNTY CODE - SECOND READING Chairman Greer reported this ordinance was passed by a 3-2 vote on the first reading and inquired as to whether anyone present would like to comment. No comments were received. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to adopt the amendments as presented. The floor was opened for discussion. Substitute Motion: Commissioner Barone, MOVED, SECONDED by Chairman Greer to accept the ordinance without Staff's suggested changes in Sections E and F on Page 7 in order to follow the State requirements. The floor was opened for discussion. o commissioner Sisson reported removal of sections E and F will defeat the purpose of the ordinance, which is to allow staff to address 'stormwater violations. Mr. Jim Craig, a County Engineer, reported sections E and F will allow the County to enforce the violations more quickly without going through the lengthy State violation process. Upon vote, the SUBSTITUTE MOTION, DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Barone Chairman Greer Voting Nay: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer called for a vote on the original MOTION which is to adopt the ordinance including sections E and F on Page 7. Upon vote, the ORIGINAL MOTION CARRIED AS FOLLOWS: Voting Aye: (j Commissioner Caster commissioner Sisson Vice-Chairman Mathews Voting Nay: commissioner Barone Chairman Greer A copy of the amended ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 2. The amendments will be codified into the New Hanover County Code. ~ M~NUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 422 PUBLIC HEARING TO CONSIDER THE FINAL CLOSEOUT PROCEDURE FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WRIGHTSBORO COMPREHENSIVE HOUSING REHABILITATION PROGRAM, GRANT #89-C-7886 Chairman Greer opened the Public Hearing. . staff Planner, Wanda Coston, presented a progress report on the Community Development Block Grant/Wrightsboro Comprehensive Housing Rehabilitation Program as follows: In February, 1993, work was completed on the last dwelling to be rehabilitated within the Wrightsboro CDBG target area. Thirteen dwellings were rehabilitated at a cost of $181,000. Minor rehabilitation work involved such items as the replacement of roofs and windows; insulation; underpinning; repairing porches; weather stripping; and other energy related items. Major rehabilitation work involved replacement of complete floor systems; roofs and roof decking; soffit systems; wall framing and correcting structural problems; re- plumbing; remodeling bathrooms; installing heating/cooling systems; updating electrical systems and making each house more energy efficient. six dwellings were demolished and the land was cleared to construct five single-family, single story dwellings and installation of one double-wide manufactured home. The cost for this portion of the project was $250,000. . A centralized sewer system was constructed which enabled 24 households to connect to the system. Installation of the sewer system involved the construction of 3,209 linear feet of sewer lines with appurtenances and 4,951 linear feet of force main and a pump station. The cost for installation of the sewer and individual sewer connections was $351,000. Drainage improvements totaling $83,000 were designed and installed along with the placement of the sewer. These improvements involved roadside and outfall drainage to insure positive flow and a general upgrade for the overall drainage of the neighborhood. Dr i veway pipes were replaced and installed where necessary. Seven individual deep wells.~ere installed and one well was repaired at a cost of $12,000. In completing this project, approximately $877,000 was expended, not including various in-kind staff support costs. Chairman Greer inquired as to whether the County will be able to obtain another grant? Staff Planner Coston reported, hopefully, the County will be able to apply and receive another grant. Chairman Greer inquired as to whether anyone present would like to comment. . No remarks were received. Chairman Greer closed the Public Hearing. Consensus: I~ was the consensus of the Board to accept the report as presented. Ms. Coston was complimented for an excellent job in administering the program. BREAK Chairman Greer recessed the meeting for a break from 9:35 A.M. until 9:48 A.M. j ( I I I I I i ,I ~ MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 423 AWARD OF BID #93-0209 (CONTRACT #93-0209) TO TLT BABCOCK, INC. FOR WET ASH DISPOSAL SYSTEM AT THE WASTE-TO-ENERGY FACILITY (WTE) Director of Environmental Management, Ray Church, reported bids were received for the construction and installation of a Wet Ash Disposal System at the Waste-to-Energy Facility to resolve the flyash problem. Two bids were received with Staff recommending award of the bid to TLT Babcock, Inc. in the amount of $404,583 contingent upon approval of the following commercial exceptions and clarifications that are acceptable to the County Attorney: 1) Elimination of two screw type conveyors feeding the boiler bank ash into the transition chute. () 2) Performance test procedure will be written after contract award. 3) New Hanover County Waste-to-Energy Facility will cut, remove, supply, and install the following: (1) skip hoist rails; (2) water and drain line; (3) hydraulic piping and fluid; and (4) electrical wiring and conduit. 4) TLT Babcock, Inc. will supply a surge bin with level control devices for the flyash. The surge bin will feed flyash to a twin shaft, paddle type ash conditioner prior to the ash dropping onto the existing vibrating conveyor. This system can be installed separately from the ash plunger within 126 days of award. 5) Total price is $404,583. 6) Shipping date of plunger can be improved by 14 days. 7) Four sets of operations and maintenance manuals will be provided. n In summary, Staff feels this type of system may be more expensive now but will save money in future. Chairman Greer inquired as to funding and if this system will reduce the amount of funds needed for FY 1993-94? Director Church reported the remaining funds from the bond sale will be used for installation of the system. The manhours will be reduced, but the budget request will remain the same. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to award the bid to TLT Babcock, Inc., in the amount of $404,583 for installation of the wet ash disposal system contingent upon approval of the exceptions and clarifications to the satisfaction of the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of a resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 1. APPROVAL FOR RECLASSIFICATION OF POSITIONS AND REORGANIZATION OF WASTE-TO-ENERGY FACILITY (WTE) Director of Environmental Management, Ray Church, reported in order to provide better management for operation of the Waste-to- Energy Facility the proposed reclassification of positions and reorganization are recommended. This proposal will allow the WTE Facility to be staffed similar to other WTE facilities with no increase in staff at the present time. During Fiscal Year 1993-94, six additional positions, three (3) relief crew members and (3) tip floor attendants, are requested and included in next year's budget. Additionally, the Plant Engineer is proposed as a vacant position with the hope that this position can be funded in Fiscal Year 1994- 95. The cost of implementing the reorganization for the remainder of the fiscal year is $4,444.75. The reorganization will result in () . . . ~ MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 424 a savings in salaries of approximately $65,000 in FY 1993-94 due to withdrawal of the request to hire a General Manager and the retirement of the Operations Manager with hiring of a new Operations Manager at a lower salary. The WTE Advisory Commission has approved the reclassification of positions and reorganization as presented. Discussion was held on the hiring of three tip floor attendants. Director Church reported due to the expansion of the plant, increased maintenance, and the new federal regulation requiring random testing of garbage trucks for hazardous wastes, it is necessary to hire additional tip floor attendants to meet these needs. Also, additional tip floor attendants will provide better control of what is dumped into the pit. Motion: After discussion of whether both a Plant Manager and Operations Manager are needeq, Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to approve the reclassification of positions and reorganization as submitted by the Director of Environmental Management. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF INCOME MAINTENANCE CASEWORKER II POSITION AND APPROVAL OF BUDGET AMENDMENT #93-0185 - DEPARTMENT OF SOCIAL SERVICES Director of Social Services, F. Wayne Morris, reported that Southeastern Center for Mental Health, Developmental Disabilities and Substance Abuse Services has requested that the Department of Social Services outpost a Medicaid worker at their facility. The Southeastern Center will pay the County's share of the cost for this position. This arrangement has been approved by the Board of Social services and the Southeastern Center Board. The agreement is similar to the Department of Social Services' long-standing contract with New Hanover Regional Medical Center. The Cooperative Agreement and Memorandum of Understanding between DSS and the Southeastern Center have been approved by the County Attorney. This new position will alleviate the significantly increased case load of DSS Caseworkers due to expanded Medicaid coverage, and also assist the Southeastern Center's patients with their applications which will generate additional revenues for the care of these clients. Commissioner Barone expressed concern for adjacent counties using New Hanover County facilities without providing a proportionate share of funding and inquired as to whether this position will provide services to only New Hanover County residents? Director Morris responded the position will be primarily for serving New Hanover County residents; however, some residents living in other counties could be served. Discussion was held on the availability of space at the Southeastern Center, and if the space requirements can be met. Mr. Doug Sudduth, Director of the Southeastern Center, reported the Center will manage to accommodate the space needs in order to obtain the position. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the Income Maintenance Caseworker II position; authorize the Chairman to execute the Cooperative Agreement and Memorandum of Understanding between the Department of Social Services and the Southeastern ~enter.; and approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. 93-0185 Department of Social services/Administration Debit Credit Dept. of Social Services/Administration DSS Administrative Grants Southeastern Center Share $2,056 $2,056 ~ /~ ( i MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 425 Budget Amendment #93-0185 continued Debit Credit Salaries & Wages FICA Retirement Medical $3,300 $ 252 $ 164 $ 396 A copy of the agreement is on file in the Legal Department. () APPROVAL OF ADDITIONAL ELECTRICAL INSPECTOR AND BUDGET AMENDMENT #93-0187 - DEPARTMENT OF INSPECTIONS Director of Inspections, S. D. Conklin, reported on the increasing permit demand in the Electrical Division and requested approval of an additional Electrical Inspector to handle this overload. A continuous overload will ultimately impact public safety and hinder the ability of the Inspections Department to provide timely inspections. Motion: commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to approve an additional Electrical Inspector position contingent upon revenues remaining sufficient to fund the position, with the position eliminated if revenues decline, and to approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. 93-0187 Inspections Department Debit Credit Inspections Department Inspection Fees $4,003 Salaries & Wages FICA Medical Insurance $3,350 $ 256 $ 397 o MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER , SEWER DISTRICT Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to convene from Regular Session to hold a regular meeting of the Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 10:45 A.M. Motion: commissioner Sisson MOVED, SECONDED by Commissioner Caster to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 11:04 A.M. MEETING CONVENED TO HOLD A MEETING OF THE 1993 BOARD OF EQUALIZATION AND REVIEW Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster to convene from Regular Session to hold a meeting of the 1993 Board of Equalization and Review. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 11:06 A.M. () Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 11:29 A.M. I I I l . . . ~ MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 426 LEGISLATIVE ISSUES Adoption of Resolution Urging the General Assembly to support the Proposal Drafted by the Legislative Study Commission on Parks and Recreation Deputy County Manager, Mary Gornto, presented a resolution to support legislation developed by the Legislative study Commission that would dedicate the 85% of revenue currently going to the General Fund to a proposed Park Fund of North Carolina to be used for land acquisition, renovation, and development of the state Park System. Twenty-six cities and counties have adopted resolutions in support of this bill. Chairman Greer expressed concern for the State having to provide additional revenue for enactment of the bill and reported he was not in favor of the proposed legislation. Motion: Vice-Chairman Mathews MOVED, Sisson to adopt a resolution of support by the Legislative Study Commission on vote, the MOTION CARRIED AS FOLLOWS: SECONDED by Commissioner for the proposal developed Parks & Recreation. Upon Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Chairman Greer A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 1. ~ Support of Senate Bill 1551 and Senate Bill 181 County Manager O'Neal requested support of the fOllowing bills, which will greatly benefit the County in collecting for ambulance calls: Senate Bill 1551: To require Nursing Homes placing non-emergency calls for medical services to be charged and pay for the ambulance fees. Senate Bill 181: Health insurance policies shall provide for direct payment to governmental agencies providing health services. Motion: commissioner Barone MOVED, SECONDED by Commissioner Sisson to support Senate Bill 1551 and Senate Bill 181. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF VICE-CHAIRMAN E. L. MATHEWS, JR. TO SERVE ON THE CAPE FEAR RESOURCE, CONSERVATION AND DEVELOPMENT COUNCIL Assistant County Planning Director, Patrick Lowe, reported the Cape Fear Resource, Cons~rvation and Development Council is composed of four adjacent counties, Columbus, Pender, Brunswick and New Hanover. In order to obtain' funds to continue the program, a County Commissioner must serve on the Council. Once funding is obtained, a staff position will be established and the Council will apply to receive watershed funding grants, which will greatly benefit all counties involved. Chairman Greer reported that Vice-Chairman Mathews has agreed to serve on this Council. Consensus: It was the consensus of the Board to appoint Vice- chairman Mathews to serve on the Cape Fear Resource, Conservation and Development Council. ~ / ( MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 427 COMMITTEE APPOINTMENTS POSTPONEMENT OF APPOINTMENT TO NEW HANOVER REGIONAL MEDICAL CENTER BOARD OF TRUSTEES Chairman Greer reported the Commissioners have requested postponement of this appointment since there is a possibility that the term of service may be changed from five to three years. Consensus: It was the consensus of the Board to postpone filling this vacancy until the length of terms has been resolved. n APPOINTMENT OF JOANNE ARNTSEN TO SERVE ON THE DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to appoint Joanne Arntsen to serve on the Domiciliary Home Community Advisory Committee. The term is for one year and will expire April 19, 1994. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF GEORGE EDWARD POWELL TO SERVE ON THE NEW HANOVER COUNTY BOARD OF FIRE COMMISSIONERS Chairman Greer reported there is one vacant position on the Board of Fire Commissioners due to the resignation of George Kraft. Four applications have been received. The floor was opened to receive nominations. commissioner Sisson commented on the experience and previous involvement of George E. Powell with the Volunteer Fire Departments and nominated him to fill the vacancy. Commissioner Barone SECONDED the nomination. A lengthy discussion was held on whether the applicant must live in the Federal Point Fire District. Clerk to the Board, Lucie F. Harrell, reported the vacancy was advertised for appointment of a representative from the Federal Point Fire District and in the past, applicants residing in this district have been appointed. The by-laws do not clearly define this matter; therefore, it would be beneficial to all parties involved if the Board of Fire Commissioners would review and amend the by-laws to clearly define this matter. () It was generally concluded that the by-laws for the Board of Fire Commissioners should be reviewed for clarification of appointments as to Fire Districts and for other items of concern. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to appoint George E. Powell to fill the unexpired term of George Kraft on the Board of Fire Commissioners. The term is to expire July 1, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of Request by US 17 Association to Multi-Lane U. s. Highway 17 from virginia to South Carolina Assistant County Manager, Dave Weaver, reported on attending a meeting of the U. S. 17 Association and a request for New Hanover County to support widening of U. S. Highway 17 to four lanes from Virginia to South Carolina. () Motion: After a period of discussion, commissioner Barone MOVED, SECONDED by Commissioner Sisson to authorize the Chairman to write a letter offering full support of this effort as long as the funds to implement projects in New Hanover County are not jeopardized. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMISSIONER SISSON EXCUSED FROM THE MEETING Commissioner Sisson was excused from the meeting at 12:43 P.M. . . . ~ MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 428 Adoption of Resolution opposing State and Federal Unfunded Mandates Commissioner Barone commented on the efforts of counties throughout North Carolina and South Carolina to join forces in saying "no" to unfunded state and federal mandates and recommended adoption of a resolution similar to that of Union County. County Manager O'Neal reported additional costs to New Hanover County in FY 1993-94 for mandates is at least one cent on the tax rate. The general public and news media must understand that these programs must be implemented in order to comply to state and federal law. The County Commissioners do not have a choice, other than to abide by the mandates. Discussion was held on the Union County resolution and Yadkin County resolution. After a period of review, the Yadkin County resolution was amended to accommodate the needs for New Hanover County. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to prepare a resolution as amended to express New Hanover County's opposition to unfunded federal and state mandates and to require the signature of each County Commissioner on the document. The resolution is to be forwarded to the President of the united States, area Congress members; area State Legislators, and the North Carolina Association of County Commissioners. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: commissioner Sisson A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 1. v Adoption of Resolution to Request the Addition of Turtle Hall Drive to the State Highway System Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to adopt a resolution to request the Department of Transportation to add Turtle Hall Drive to the State Highway System. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 1. Discussion of County Employees Introducing Local Legislation Chairman Greer asked if the County has a policy with reference to County employees introducing local legislation directly affecting New Hanover County without presenting the bill to the Board of County Commissioners? County Manager O'Neal reported there is no policy; however, he is in the process of informing the department heads that all local bills that affect County government or County operations must be channeled through the County Manager and Board of County Commissioners. Consensus: It was the consensus of the Board for the County Manager to inform all department heads and county employees that ~ / I ( MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 429 local bills must be channeled through the County Manager and New Hanover County Board of Commissioners. EXECUTIVE SESSION Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to convene from Regular Session to Executive Session to discuss pending litigation. Upon vote, the MOTION CARRIED AS FOLLOWS: () Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson Chairman Greer convened to Executive Session at 12:15 P.M. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to reconvene to Regular Session. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson Chairman Greer reconvened to Regular Session at 1:01 P.M. Chairman Greer reported in Executive Session the Board of County Commissioners decided not to assume the liability that is involved with EMS employees volunteering their services to the Ogden/New Hanover Rescue Squad. If the EMS employees decide to proceed through the court system, New Hanover County will be supportive of their efforts. () MEETING RECESSED FOR LUNCH Chairman Greer recessed the meeting for lunch from 1:05 P.M. until 1:59 P.M. at which time a Work Session for discussion of the CAMA Land Use Plan Update will be held in Room 501 of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. CAMA LAND USE PLAN WORK SESSION Chairman Greer called the Work Session to order at 2:00 P.M. Members present were: Commissioner Sandra Barone; William A. Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. PRESENTATION OF WILMINGTON-NEW HANOVER COUNTY LAND USE PLAN UPDATE Assistant Planning Director, Patrick Lowe, presented chronological data on development of the update. After numerous joint meetings of the city and County Planning Boards and meetings throughout the community, the plan has been submitted and reviewed by the State with comments being rendered. The Commissioners were requested to establish a date to hold a joint City/county Public Hearing to receive public comments. () Attorney Kenneth Shanklin reported on the numerous meetings held by the City and County Planning Boards with every word written in the document reviewed. Many compromises have been made in order to satisfy the City and County needs; however, the proposed plan provides guidelines for future orderly growth in New Hanover ~;} ~ MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 4~O County. The Home Builders Association and Coastal Federation were complimented for their input and assistance with resolving the areas of conflict that exist between continued development and environmental concerns. . The document is divided into two major components: (1) the text establishing future guidelines for further growth and development within the County; and (2) the Land Classification Map. The Land Classification Map has been revised to reflect existing land use in the County with redefining watershed boundaries in order to address the major concern of the community, which is the protection of water quality. Also, the map has been redefined to reflect the reality of where the Sewer System will be placed in order to encourage high density development in these areas. The following issues were discussed: 1) Septic Tanks: The County shall develop regulations to require inspection and maintenance of all septic tanks with specific emphasis on the estuarine watershed areas. commissioner Barone inquired as to whether the document prohibits septic tanks in certain portions of the County and expressed concern for the sewer system not being in the northern part of the county which prohibits citizens from developing their property? Planning Director Hayes reported in certain areas where soils are not suitable, septic tanks will be limited as stated on Page 2 of the Land Use Plan Update; however, there is a section in the plan that allows for placement of package treatment plants in order to provide for development in these areas. . 2) Concern was expressed for the fact that neither the City or County will be able enforce some of the items mentioned in the plan, such as the City and County developing and adopting regulations to Identify and inventory specimen trees for protection "and preser~ation. Planning Director Hayes reminded the Commissioners to focus on policies not implementation actions. The purpose of the document is to establish guidelines with implementation actions being suggested for carrying out these policies. 3) Discussion was held on resource and protection areas. The proposed plan limits residential density to 2 1/2 units per acre in this classification in order to protect the groundwater since water and sewer are not available. commissioner Barone reported if New Hanover County is to become the commercial, industrial, medical, and retail center for the region, the industrial base will have to grow. with the current growth in home construction, it is difficult to see how the industrial base can increase with so little land and the proposed restrictions. . Chairman Greer inquired as to whether anyone present would like to comment. The following remarks were received: Mr. Steve Weiss, representing the Home Builders Association, reported on the input from the Homebuilders Associations and Coastal Federation with both groups being satisfied with the proposed plan. Mr. Dan Dawson, a local engineer, reported if the County does not desire any economic growth and development, the plan is satisfactory. A lengthy discussion was held on the proposed plan. was placed on hearing information from all sides. Emphasis Planning ....1 ( MINUTES OF REGULAR MEETING AND LAND USE PLAN UPDATE, APRIL 19, 1993 PAGE 431 Director Hayes stated attorneys, contractors, homebuilders, and developers served on the Planning Boards who reviewed and prepared the Land Use Plan Update. Public comments have been received at various meetings and this information has been incorporated into the proposed document. It would be impossible to create a document that is completely satisfactory to all parties involved. In summary, it was agreed that the proposed Land Use Plan Update may need to be fine tuned; however, the issue to consider is adoption of a Land Use Plan Update that will serve as a guide for future orderly growth and development in New Hanover County. () County Manager O'Neal recommended establishing a date to hold a joint Public Hearing with the city Council to receive public input. Discussion was held on establishing a procedure for receiving public comments. It was agreed to direct the Planning staff to inform the public that all comments and proposals must be presented in written form at the Public Hearing. Consensus: It was the consensus of the Board to establish a date for scheduling a joint City/County Public Hearing at the joint meeting to be held on Tuesday, May 27, 1993. ADJOURNMENT Chairman Greer, on behalf of the Board, expressed appreciation to the members of the Planning Board and Planning staff for the hours of time and effort given in preparing this document. Attorney Shanklin was recognized for his efforts and hard work. Chairman Greer adjourned the Work Session at 4:30 P.M. n Respectfully submitted, ~if~ Lucie F. Harrell Clerk to the Board () l