1993-04-19 Regular Meeting
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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.
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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:
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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.
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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
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$1,953
$ 500
$2,522
$ 822
$ 200
$ 36
$1,250
$1,192
$ 200 n
$ 275
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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.
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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:
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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:
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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.
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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:
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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.
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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:
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PAGE 420
commissioner Caster
Vice-Chairman Mathews
Commissioner sisson
commissioner Barone
Chairman Greer
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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.
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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.
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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:
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Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Voting Nay: Chairman Greer
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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MINUTES OF REGULAR MEETING AND LAND USE PLAN
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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.
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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.
.
.
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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
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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
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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
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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.
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Respectfully submitted,
~if~
Lucie F. Harrell
Clerk to the Board
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