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1993-09-07 Regular Meeting . '. . ...., ., MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 666 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 7, 1993, at 6:30 P.M. in the New Hanover County Administration Building First Floor Assembly Room, 320 Chestnut 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 O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Harold McSwain, Pastor of st. Matthew's Lutheran Church, 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 remarks were received: Ms. Barbara Yateman, a resident of New Hanover County, presented a petition concerning the serious problems at the Animal Control Center and reported she will be present when discussion is held on this matter at the September 20, 1993 meeting. APPROVAL OF CONSENT AGENDA Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following minutes as presented by the Clerk to the Board: Regular Meeting of August 2, 1993 Work Session of August 5, 1993 Regular Meeting of August 16, 1993 Work Session of August 16, 1993 Approval of Amendment to the New Hanover County Cash Management POlicy, Section I, Page 14, Item #2 The Commissioners approved the following a,mendment to the New Hanover County Cash Management Policy, Section I, Page 14, Item #2: No less than 30% of the total investment portfolio shall mature wi thin 30 days. No less than 75% of the portfolio shall mature in 180 days, and 100% of the portfolio shall mature within three years. The policy previously stated that 100% of the portfolio shall mature in two years. Adoption of Resolution Approving a Grant Agreement with the N. C. Department of Transportation for Funding of' state Airport Aid Project 9.9425900 The Commissioners adopted a resolution approving a grant agreement with the N. C. Department of Transportation in the amount ~ ./ ( ( MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 667 of $565,648 for funding of the state Airport Aid Project 9.9425900. The Chairman was authorized to execute the grant agreements. Reappointment of Janet L. Coyle to the Domiciliary Home community Advisory Committee The Commissioners reappointed Janet L. Coyle to serve a 3-year term on the Domiciliary Home Community Committee as recommended by the Administrators of Domiciliary Homes. The term will expire September 30, 1996. Adoption of Proclamation Declaring September 25, 1993, as NATIONAL HUNTING AND FISHING DAY in New Hanover county The Commissioners adopted a proclamation declaring September 25, 1993, as "National Hunting and Fishing Day" in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit XXI, Page 16. Acceptance of North Carolina Arts Council Grant and Approval of Budget Amendment #94-013 The Commissioners accepted the North Carolina Arts Council grant in the amount of $5,000 for the installation phase of the commissioning of public art in the Urban Park and approved the following Budget Amendment: 94-013 Downtown Park project Debit Credit Downtown Park proiect Federal Arts Council Grant '. $5,000 Downtown Park proiect Contracted Services $5,000 Acceptance of Recycling Assistance Grant from the N. C. Department of Environment, Health & Natural Resources, Office of Waste Reduction and Approval of Budget Amendment #94-0041 The Commissioners accepted a Recycling Assistance grant entitled, "Pallet/Compost Program", in the amount of $2,000 from the Office of Waste Reduction and approved the following Budget Amendment. The required match of $1,000 will be from in-kind services. The Chairman was authorized to execute the grant agreements. 94-0041 Landfill Debit credit Landfill Waste Reduction Grant $2,000 Landfill Supplies Fuel & Supplies $ 750 $1,250 Approval. of Change Order for Cell No. 4A - Geo Con, Inc. The Commissioners approved and authorized the Chairman to execute a change order in the amount of $27,977.74 to Geo Con, Inc. The purpose of the change order is to extend the contract by three (3) days for installation of liners and cover materials to correct a discrepancy caused by a survey error. The survey error was made by the County Engineering Department due to a lack of surveying control points. This situation has been corrected to avoid future errors of this type. Designation of the Food Bank of Coastal Carolina as the contracting Agent for the September 1993 Commodity Distribution The Commissioners designated the Food Bank of Coastal Carolina as the contracting agent for the September 1993 Commodity Distribution at a fee of $3,750. Funds for the fourth quarter have been allocated in the FY 1993-94 Budget. ~ n f\ ~~ f\' \, ~ I ~ ".., \ MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 668 Approval for Easement Agreement with Carolina Power & Light Company to Provide County Sewer Service to Covil Estates The Commissioners approved an agreement with Carolina Power & Light Company to obtain an easement in order for the New Hanover County Water & Sewer District to provide sewer service to Covil Estates. There is no cost to the District for the easement. The Chairman was authorized to execute the necessary documents. . A copy of the agreement is on file in the Legal Department. Approval of Acquiring an Easement wi thin a section of Carolina Power & Light Easement Adjacent to Military cut-off Road The Commissioners approved acquisition of an easement at a cost of $8,220 within a section of Carolina Power & Light Company's easement adjacent to Military Cut-off Road. The Chairman was authorized to execute the appropriate documents. A copy of the agreement is on file in the Legal Department. Acceptance of Additional Funds Received from the State Aid to Public Libraries Grant and Approval of Budget Amendment #94-0037 The Commissioners approved an application and Budget Amendment to accept additional funds received in the amount of $2,338 from the State Aid to Public Libraries grant. The additional revenue will be used to purchase books and periodicals. The County Manager was authorized to execute the application. 94-0037 Library Debit Credit Librarv State Aid Grant $2,338 . Librarv Books and Periodicals $2,338 Purpose: $137,462. To budget the actual grant award in the amount of The Library anticipated receiving $135,124. Adoption of Resolution Authorizing the Sale of Real Property Located at 817 Walnut Street Owned Jointly by New Hanover county and the City of Wilmington The Commissioners adopted a resolution authorizing the sale of real property located at 817 Walnut Street owned jointly by the City and County identified as follows: Parcel No. 048-13-037-011.000 Address 817 Walnut st. Amount of Offer $5,300 Tax Value $6,864 The offer to purchase has been duly advertised for upset bid. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 16. . Approval of Contract #94-0090 with Methodist Home for Children for the operation of the Department of Social Services' Emergency Receiving Home The Commissioners approved a contract with the Trustees of The Methodist Home for Children, Inc., for the operation of the Department of Social Services' Emergency Receiving Home. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Adoption of Resolution Awarding Bid and Contract #94-0037 to Davis- Taylor-Forster Company for the Purchase of One precision Lathe - WASTEC The Commissioners adopted a resolution awarding a bid to Davis-Taylor-Forster Company of Richmond, Virginia, the only responsible bidder, in the amount of $39,879.75 for purchase of one precision lathe for WASTEC. The Chairman was authorized to execute ~ ~ ( I l MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 669 the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book, XXI, Page 16. Adoption of Resolution Awarding Bid and Contract #94-0063 to Davis- Taylor-Forster Company for Purchase of One (1) Turret Milling Machine - WASTEC The Commissioners adopted a Davis-Taylor-Forster Company of responsible bidder, in the amount turret milling machine for WASTEC. execute the contract documents. resolution awarding a bid to Richmond, Virginia, the only of $16,161 for purchase of one The Chairman was authorized to () A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 16. Adoption of Resolution Awarding Bid #94-0036 and Contract to Gregory Poole Equipment Company for Purchase of an Integrated Tool Carrier - WASTEC The Commissioners adopted a Gregory Poole Equipment Company, through the total cost method in Chairman was authorized to execute resolution awarding a bid to the only responsible bidder, the amount of $103,365. The the contract documents. A copy of the resolution is hereby incorporated as ~ part of the minutes and is contained ~n Exhibit Book XXI, Page 16. Approval of Budget Amendment #94-0024 Community Based Alternatives The Commissioners approved the following Budget Amendment: 94-0024 Community Based Alternatives Debit Credit () Community Based Alternatives Community Based Alternatives Grants $50,245 Alternatives to Detention Program $50,245 Purpose: To budget the Alternatives to Detention Grant for FY 1993-94. This program provides an alternative to detention for selected juveniles. The grant agreement was approved by the Commissioners in the amount of $59,908 on April 15, 1993; however, the state awarded only $50,245. No County funds are required. Approval of Budget Amendment #94-0026 - New Hanover County Museum The Commissioners approved the following Budget Amendment: 94-0026 Museum Debit Credit Museum Marion stedman Grant N.C. Humanities Grant $ 2,500 $18,490 Contracted Services $20,990 Purpose: To rollover unexpended Marion Stedman and N. C. Humanities Grants from FY 1992-93 to FY 1993-94. The grants will fund the catalogue, Time Talent Tradition. Cultural Heritaqe of the Cape Fear Reqion. () Approval of Budget Amendment #94-0027 - Department of Aging The Commissioners approved the following budget amendment: 94-0027 - Department of Aging/Administration Debit Credit Department of Aqinq/Administration FEMA - Home Delivered Meals Bridge $ 800 $7,223 . . . ~ MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 670 Budget Amendment continued Debit credit Department of Aqinq/Nutrition - Home Delivered FEMA - Home Delivered Meals Meals - Bridge $ 800 $7,223 Purpose: To rollover unexpended FEMA and Bridge funds for FY 1992- 93 to FY 1993-94. Approval of Budget Amendment #94-0028 - Sheriff's Department The Commissioners approved the following Budget Amendment: 94-0028 Sheriff's Department Debit Credit Sheriff's Dept./Fed. Forfeited Property Federal Forfeited Property $22,668 Controlled Substance Tax Controlled Substance Tax $15,042 Federal Forfeited Property Departmental Supplies Capital Outlay - Equipment $ 7,150 $15,518 Controlled Substance Tax Departmental Supplies Capital Outlay - Equipment $ 1,500 $13,542 Purpose: To budget unexpended federally forfeited property and controlled substance tax revenue from FY 1992-93 to FY 1993-94. Approval of Budget Amendment #94-0029 Health Department/Epidemiology The Commissioners approved the following Budget Amendment: 94-0029 - Health Department/Epidemiology Debit Credit Health Department/Epidemioloqy lAP Grant $5,563 -. Departmental Supplies $5,563 Purpose: To rollover unexpended Immunization Action Grant from FY 1992-93 to FY 1993-94. Approval of Budget Amendment #94-0030 Human Services Transportation System The Commissioners approved the following Budget Amendment: #94-0030 Human Services Transportation System Debit Credit Human Services Transportation System TAP Medicaid TAP Elderly and Disability $2,000 $2,838 TAP - Medicaid TAP - Elderly TAP - Handicapped $2,000 $1,419 $1,419 Purpose: To rollover unexpended TAP Grant funds from FY 1992-93 to FY 1993-94. Approval of Budget Amendment #94-0031 Commissioners' Office/various Departments The Commissioners approved the following Budget Amendment: ~ /~ ( I l MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 94-0031 Commissioners' Office/Various Departments Debit commissioners' Office Appropriated Fund Balance $228,864 MIS Department Contracted Services Telephone Expense Departmental Supplies Capital Outlay - Equipment Print Shop Capital Outlay Equipment Property Manaqement M & R Buildings & Grounds Sheriff - Criminal Justice System Capital Outlay - Equipment Emerqency Medical Services Departmental Supplies Capital Outlay - Equipment Planninq Printing Charges Cooperative Extension Services Capital Outlay - Equipment Health - Administration Building Capital Outlay - Equipment Health - Child Health Services Coordination Capital Outlay - Equipment Health - TB Departmental Supplies DSS - Administration capital Outlay - Equipment Aqinq - Senior Center Department Supplies Capital Outlay - Equipment Parks Other Improvements Museum Departmental Supplies capital Outlay - Equipment Environmental Manaqement Appropriated Fund Balance $122,451 Landfill Contracted Services Recyclinq Advertising Costs Waste-To-Enerqy - Maintenance Contracted Services Water & Sewer Finance Appropriated Fund Balance $ 57,699 PAGE 671 Credit $21,501 $ 1,800 0 $10,861 $18,017 $ 7,552 $ 2,000 $58,891 $ 1,215 $11,419 $ 3,050 $ 9,211 $ 425 $ 5,744 0 $ 4,124 $ 1,261 $25,703 $ 1,837 $33,682 $ 4,110 $ 856 $ 5,605 $85,953 o $ 6,758 $29,740 . . . ..., MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 672 Budget Amendment continued Debit Credit Other Improvements Capital Outlay - Equipment $44,637 $13,062 Purpose: To budget appropriated fund balance for outstanding purchase orders as of June 30, 1993. The purchase order amounts should be added to each appropriation as it appears in the Budget Ordinance in order to account for the payment against the fiscal year in which it is paid. (Adopted in the Budget Ordinances for FY 1993-94 dated June 7, 1993.) Approval of Budget Amendment #94-0032 - county Commissioners' Office/various Department The Commissioners adopted the following Budget Amendment: 94-0032 - County Commissioners' Office/various Departments Debit Credit commissioners' Office Appropriated Fund Balance $222,960 Property Manaqement Contracted Services $156,000 Health Administration Capital Outlay - Equipment $ 12,000 Health - Home Health Capital Outlay - Equipment $ 40,000 Aqinq - Senior Center Other Improvements $ 3,031 Parks Other Improvements $ 11,929 Purpose: To rollover the following expenditures from FY 1992-93 to FY 1993-94: Property Management: Funds for replacing cooling system in the New Hanover County Courthouse. Health Department: Funds for replacement copier, computer enhancement, and acoustical panels. Aging Department: Funds for kitchen renovations. Parks Department: Funds for paving a parking lot at Hugh MacRae Park. Approval of Budget Amendment #94-0036 - Department of Social Services The Commissioners approved the following Budget Amendment: 94-0036 Department of Social Services Debit Credit DSS/Administration DSS Administrative Grants $10,273 DSS/Employment Proqrams In-house training $ 5,013 Employment Traininq Transportation $ 5,260 Purpose: To budget additional State funds received for Employment Program (JOBS). Funds will be budgeted for client training and transportation. ~ ( MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 673 Approval of Sheriff's Department - Commissioners The Commissioners approved the following Budget Amendment: 94-0038 - Sheriff's Department/commissioners Debit Credit Sheriff's Department Other $4,401 County Commissioners Appropriated Fund Balance $2,130 () Sheriff's Department/Jail Motor Vehicles $6,531 Purpose: To budget insurance proceeds in the amount of $4,401 for a van that was wrecked. The Sheriff's Department received $2,130 in May, 1993 for property that was seized; however, this money was never budgeted. The Sheriff would like to budget these funds to assist with the cost of replacing the van that was wrecked. Approval of Budget Amendment #94-0046 - Health Department/School Health The Commissioners approved the following Budget Amendment: 94-0046 Health Department/School Health Debit Credit Health Dept./School Health contributions Capital Outlay $22,784 $ 3,180 Salaries & Wages FICA Departmental Supplies Training/Travel $22,361 $ 1,710 $ 1,603 $ 290 () Purpose: To budget a contribution from the schools to fund two part-time nurses (equal to one full-time position) to provide school health nursing at New Hanover High School during the 1993-94 school year. These positions will be totally funded by the school system. The school system employed these nurses last school year, but new guidelines prohibit them from doing so this year. The school system has requested that the assignment be temporary for a year in order for them to determine how they will provide health services in future years. The long-range plan is that all health services will be provided by the Health Department which already provides health services for pre-school through grade eight. RECOGNITION OF NEW HANOVER HIGH SCHOOL BASEBALL TEAM AND HOGGARD GOLF TEAM AND COACHES Chairman Greer, on behalf of the Board, recognized and presented a plaque to the New Hanover High School Baseball Team and coaches for winning the 1993 State Baseball Championship. Each member of the team was congratulated. Chairman Greer, on behalf 'of the Board, recognized and presented a plaque to the John T. Hoggard Golf Team and coaches for winning the 1993 State Golf Championship. Each member of the team was congratulated. () PRESENTATION ON "SMART START" PROGRAM Ms. Pam Palanza, Chairperson of the New Hanover County "Smart Start" Team, reported on July 14, 1993, letters were mailed to the Interagency Coordinating council and the Cape Fear Community Foundation from the N. C. Department of Human Resources informing them of "Smart Start" and the legislation enacted whereby the State had appropriated $20 million to this program. On July 26, 1993, the first Public Forum about "Smart Start" was held at the New Hanover County Health Department. The County Commissioners and . . . ~ MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 674 County Managers were invited to the Governor's Mansion for a reception and informational meeting on July 28, 1993. A conference was held in Durham on July 29, 1993, with the following five delegates from New Hanover County attending the General Session and workshops: Lynn smithdeal, Department of Social Services representing the Collaboration and strategic Planning Category Pam Palanza, Child Advocacy Commission, representing the Comprehensive Quality Services category Debbie Rigdon, Parent Representative, representing the Getting Families Involved category Sarah Norris, Owner of Total Child Care Center, representing the Accountability & Evaluation Category The second Public Forum on Smart Start was held on August 9, 1993, with the delegates reporting on the Durham Conference. On August 16, 1993, the Planning Team met at UNC-Wj with a Teleconference held at Southeastern Community College on August 17, 1993. Videos of required workshops were shown at Cape Fear Community College on August 25, 1993, and a 2-hour Teleconference was held at Brunswick Community College on August 31, 1993. The Planning Team met at UNC-W on September 1, 1993, and the application for New Hanover County to participate in Smart Start is due September 15, 1993 Ms. Palanza reported the purpose of the program is to ensure that all children, regardless of race, creed, color, sex, or socioeconomic backgrounds have access to quality early childhood education and development services. Smart Start is a program that emphasis parental involvement and choice. It is not a program that requires all children to attend pre-school, nor is it a program that will force a certain curriculum on day care homes and day care centers. The program will not invade parents rights nor instruct parents on how to raise their children. New Hanover County is applying to become one of 12 pilot counties to receive a grant in the amount of approximately $1.2 million for participating in the Smart Start early childhood initiative. Support of this program will allow the County and its agencies to work collaboratively together to ensure that the 720 children now waiting on the Department of Social Services list will receive the necessary health services and early education to begin school as healthy children ready to learn. The Commissioners were requested to write a letter of support for Smart Start in order to file the grant application by September 15, 1993. Dr. Mark Lanier, representing UNC-W, commented on the need to provide all children with early childhood education to ensure they have an equal start when entering school. Every dollar spent on pre-school programs saves ten times it value later through the educational process. The Commissioners were requested to support the grant application and provide input into the selection of the team to develop a plan in order for the children's initiative to be successful. Dr. William Stewart, a local pediatrician, reported Smart start is not a program to take away parental rights. Support of this program will improve the standards and quality of day care which will promote a child's physical, communicative, and social development. This project will allow all agencies in the community to coordihate efforts to ensure that all children receive quality early childhood education. Emphasis was placed on the early diagnosis of health problems and early behavioral problems to ensure that children are provided an opportunity to learn and ~ ./ r ( I ! l MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 675 develop into functioning adults. The Commissioners were requested to support the program. Dr. Thomas L. Blackstone, a local pediatrician, reported he is in favor of the spirit and vision of Smart Start, which is to help children and their families; however, he is concerned about enactment of a program that will allow government to determine the values taught to preschool children. Much discussion has been held on day care. If the State standards for day care need to be addressed, legislation should be enacted to upgrade these standards. In his opinion, Smart Start is not about day care, but is a program involved with early childhood education and development services for school readiness. If the program is a standard for school readiness, why haven' t we been furnished a definition as to what it means to be school ready. Does it mean that being school ready is one standard in one county and not in another? This bill gives local communities blanket authority to involve the government in the lives of their preschool children. The local committee has maximum flexibility and discretion in developing the plan for New Hanover County. () Dr. Blackstone reported on the local needs of our children and recommended funding these needs locally. The parents, not the State, should have the right to determine the values taught to their children. Parents should be trusted and given the freedom of choice in schools instead of giving the power and funding to those who form the day care centers. In summary, the premise of the bill is too loose with too much authority to trust its outcome in the lives of our children. Mr. Dick Carter, a resident of Oakleaf Drive, quoted figures from USA Today which estimated that in 1993 this country will have 12 million children from ages 3-5. Mr. Carter commented on the good faith effort of persons in support of the bill but expressed concern for a cost of $2.6 million for implementation of Smart Start for the next two years, which is not just a local program but a part of the International Parents/Teachers Association. All persons present were urged to allow our children's needs to be met on the voucher system through private enterprise instead of through a governmental agency. The following points of concern were expressed: 1) The bill provides immunity to Social Services employees from civil liabilities in the course of performing their duties, including placing a child into temporary custody, with no Social worker being held liable even if they have no real basis for taking the child away from their parents as long as they are acting in good faith. This bill presumes that all Social Workers are acting in the best interest of the child. () 2) The bill establishes teams from each county made up of defined community representatives who will be responsible for reviewing the second active case of suspected child abuse or neglect. These teams will recommend improvements to the present system, needed resources, absent deficiencies, the team's attitudes about the parental life and authority of those or its members. Who will appoint these teams? No one knows because it is not defined in the legislation. () 3) Representative Michael Decker reported that his recent Legislative Order will direct that all children being abused or suspected of being abused will be referred for performance of a mental health evaluation. This unidentified committee, that no one knows who will appoint, will determine if these abused children need to be taken care of, or if the parents are guilty of neglect. 4) This enabling legislation expands the State's definition of neglected juvenile by adding the following verbiage: . . . ,.., MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 676 If a juvenile is being neglected by his parents not providing the necessary medical care, this condition could result in developmental delay. (Note, developmental delay is not defined anywhere in the legislation; however, if the child is slow to speak or read, the Social Worker has authority to have the child examined. ) Mr. steve Grimsley expressed concern for the child care proposals outlined in the legislation and voiced opposition to New Hanover County participating in the Smart Start Program. He reported on being the father of three children and many unpleasant experiences with day care centers. Due to the lack of discipline in day care centers and public schools, which has contributed to increased crime, he and his wife chose to sacrifice in order for her to stay home and educate their children with love and discipline. To allow the State to provide tax dollars to parents for preschool education and day care centers will penalize families who have chosen to stay home and take care of their children. Emphasis was placed on the need to keep the government out of the family structure. Motion: Commissioner Sisson commented on reading all the information pertaining to Smart Start and the importance of this program to our children and MOVED to authorize the Chairman to forward a letter of support for New Hanover County's application to receive a grant for participation in Smart Start. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. commissioner Caster reported on raising his family with no government assistance and now his seeing his children working very hard to raise their families without assistance from the government. Concern was expressed for irresponsible parents who depend on the government to financially support and raise their children. Vice-Chairman Mathews commented on state and federal mandates and reported this legislation will appropriate $48 million to fund the activities for the N. C. Partnership for Children. Concern was expressed for this program becoming another state mandate with current budget constraints. commissioner Sisson reported several months ago, Chairman Greer called a meeting with community leaders to identify social programs and needs in the community. The major item identified was addressing the needs of children. Funding has been provided to outside agencies to assist children, but the job is not being done as reflected in the statistics, particularly in the jail population. The North Carolina General Assembly, Governor Jim Hunt, and the local Legislative Delegation have openly stated this program will not be of any cost to a participating county. Smart Start is a program designed to help children through local control, not through the control of the State. If New Hanover County does not participate in this program, the disadvantaged children, whose parents have to work and cannot stay at home, will be the losers. If this Board desires to remove people from the welfare roles, these recipients must be provided day care services in order for parents to work. The question to be answered is whether the County Commissioners are willing to provide funds locally to meet these costly needs. Chairman Greer stressed the importance of providing early childhood education to all children and stated this program should be initiated and funded locally. Concern was expressed for the present system, where a program such as Smart Start will begin with $1. 2 million and expand to $3.6 million within five years and gradually to $20 million because the system encourages people to have children who are not responsible parents or never will be responsible parents. He agreed with the concept and recommended that the Board of County Commissioners in conjunction with the ~ ./ / ( I I I I l MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 677 Board of Education work together to establish a local program to address the needs of our children. No action was taken. commissioner sisson reported that Dr. Blackstone is a member of a group called, Family Folks, and stressed the importance of persons properly identifying themselves with organizations they represent. He recommended development of a policy that will require speakers to properly identify their affiliation with any particular organization when appearing before the Board. () PUBLIC HEARING SCHEDULED ON SEPTEMBER 23, 1993, FOR DISCUSSION OF THE GLOBAL TRANS PARK Mr. Kit Austin, representing the Greater Wilmington Chamber of Commerce, reported on the benefits derived throughout southeastern North Carolina with the creation of the Global TransPark Development Zone. The Commissioners were urged to participate in this effort and adopt a resolution to schedule a Public Hearing on September 23, 1993, with a decision being made at that time. commissioner sisson recommended holding the Public Hearing at night in order to allow persons to attend and present comments. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to adopt a resolution scheduling a Public Hearing on Thursday, September 23, 1993, at 7:30 P.M. in the 1st Floor Assembly Room of the New Hanover County Administration Building. 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 XXI, Page 16. APPROVAL OF FUNDING FOR EXPANDED DOCKAGE ALONG WILMINGTON WATERFRONT Mr. Randall Bray, Chairman of the Wilmington Harbour Enhancement Trust (WHET), reported this is a newly formed non- profit organization representing a number of groups and individuals interested in improving the downtown waterfront to provide more recreational boating benefits to the community. The Committee's mission statement is as follows: () "The Wilmington Harbour Enhancement Trust, in partnership with other organizations, both public and private, is dedicated to promoting the orderly development of property and activities in and along the Cape Fear River and the Northeast Cape Fear River, adjacent to the Wilmington City Limits. The group's effort shall focus on development which is functional and attractive to all types of boating and river activities while considering the environmental, historic, and natural beauty of the Cape Fear and Wilmington." For several months this group has worked on actions that can be undertaken over the next three years to make improvements to the waterfront. The following proposal was presented: PROPOSAL: To provide additional docking and improved access to existing docking on the downtown riverfront. The plan includes dockage for 10 additional boats on the Riverwalk at Coast Line Inn; ramp and floating dockage to improve access and increase usage for 8 boats on the Riverwalk in front of the Wilmington Hilton; and a ramp and floating dock for 2 boats at the foot of Dock Street. Additionally, it is proposed that 6 ladders be constructed and installed along the waterfront to improve safety and access to the fixed docks near the Hilton. () . . . ~ MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 678 DESCRIPTION AND COST: section 1: Coast Line Inn Description: Install an 89' floating dock with finger piers, providing dockage for 13 boats: Cost: List Price: $29,400 Savings: 9.400 Net Cost: $20,000 section 2: Wilmington Hilton Description: Install a ramp and 240' of linear floating dock. Cost: List Price: $55,200 Savings: 25.200 Net Cost: $30,000 section 3: wilmington Hilton Description: Install 6 ladders at strategic intervals along the bulkhead in order to improve access to the shore. Cost: $1,800 - Paid for by private investment. City labor is required for installation. Section 4: Dock Street Mini-Park Description: Install a 16' ramp with 30' floating docks at the foot of Dock Street. This improvement will provide dockage for 2 additional boa~s and serve as a "dinghy dock" for larger boats anchored across the river. Cost: $6,650 - Paid for by private investment. \ TOTAL COST OF THE PROJECT: Less Savings Sub-total Less Private Investment Net Cost $93,050 34.600 $58,450 8.450 $50,000 $25,000 $25,000 Proposed City Share Proposed County Share Chairman Greer inquired as to the amount of funds requested and the amount appropriated by the City of Wilmington. Mr. Bray reported the city has committed to a funding allocation of $12,500; however, WHET, Inc. would like to receive a $25,000 contribution from the County. Motion: After discussion of the efforts of WHET, Inc. and the need to improve the waterfront, Vice-Chairman Mathews MOVED, SECONDED by Chairman Greer to match the City's commitment and approve funding in the amount of $12,500 to WHET, Inc. Substitute Motion: Commissioner Barone MOVED to fund $25,000 as requested. THE SUBSTITUTE MOTION FAILED DUE TO NOT RECEIVING A SECOND. Further discussion was held on the management of the facility. Initially, the facility will be managed by WHET, Inc. with this reverting back to the County and City for management once the entire project is completed. The major emphasis is now being placed on installing the docks. Mr. Gilbert Burnett rep6rted the city voted to support the project with a funding allocation of $12,500; however, it is felt the City will provide more funding as the project develops. Chairman Greer called for a vote on the MOTION to fund the dockage project in the amount of $12,500. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ ( I I MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 679 Chairman Greer reported when the City appropriates an additional $12,500, WHET, Inc. should return to the County for an additional match. BREAK Chairman Greer called a break from 8:01 P.M. until 8:20 P.M. WITHDRAWAL OF ORDINANCE REQUIRING TAX PARCEL NUMBERS WHEN RECORDING REAL ESTATE TRANSFERS - NEW HANOVER COUNTY CODE Chairman Greer announced staff has requested withdrawal of this item for further study. The ordinance will be placed on the agenda for the first meeting in October. () DISCUSSION OF DRAFT LEASE BETWEEN NEW HANOVER COUNTY AND NEW HANOVER REGIONAL MEDICAL CENTER County Attorney Copley presented the following language to the draft lease between New Hanover County and New Hanover Regional Medical Center: section 4.09 Covenant as to Peaceful En;ovrnent. Add: County agrees that, except as provided in sections 3.03 and 10.03 hereof, it will take no action to appropriate or otherwise cause the divestiture by the Corporation of any revenues or property (as defined in the Bond Order), except for health care purposes and! or services provided by or through New Hanover Regional Medical Center. section 12.11 Transfer of Assets Upon Termination of Lease. In lieu of assets being transferred for a public purpose, change to language that would require an application of the assets for health care purposes. County Attorney Copley recommended approval of the lease as presented. () Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to approve the revised lease as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the lease is on file in the Legal Department. PUBLIC HEARING TO CONSIDER A REQUEST TO CLOSE UNNAMED ROAD STUB NORTH OF CROSS CREEK ROAD AND EASTWIND ROAD INTERSECTION (SC-59, 6/93) Chairman Greer opened the Public Hearing and reported this is continued from the meeting of August 2, 1993, in order to allow all members of the Board to decide on.whether the road stub should be closed. Vice-Chairman Mathews was unable to attend the August 2 meeting and a tie vote occurred when proposing to allow the road to remain open. Also, approval of the preliminary plan for Kenningston Place was approved last week; therefore, if this road is left open, a connection will be provided between Kenningston Place and the Lockamy property to the west of the Eastwind Subdivision. If the road is closed, Kenningston Place will not have to provide the future connection. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: n Mr. Don Jordan, an adjacent property owner, commented on the plans for Kenningston Place and reported there is appropriate access to the subdivision. Also, after discussion with the Seagate Volunteer Fire Department, closing this road stub will not create a problem with the delivery of fire or other emergency services; therefore, he respectfully requests the road stub to be closed as petitioned. Mr. Robert A. Simmerman, an adjacent property owner, reported .;} ~ MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 680 on the flooding of his lot and his willingness to make improvements to the road stud to alleviate the drainage problems. The Commissioners were urged to close the road stub as petitioned. Mr. Deans Hackney, a developer of Kenningston Place, reported the design did not call for an additional access; therefore, if the road is not needed to provide fire and emergency services, he would prefer closing the road stub. . Chairman Greer closed the Public Hearing. Motion: After discussion of emergency access being satisfied, Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to close the unnamed road stub north of Cross Creek Road and the Eastwind Road Intersection as requested by the petitioner. The floor was opened for discussion. commissioner Sisson inquired as to why an additional access road was not required for Kenningston Place and were comments received from the Sea Gate Volunteer Fire Department? Assistant County Manager, Dave Weaver, reported the Fire Marshal is in the process of reviewing fire standards and will present a recommendation once the work has been completed. This amendment along with other Subdivision amendments will be presented to the Board in the near future. Also, there has been concern about submitting subdivision plans to the Volunteer Fire Departments. . Planning Director Hayes recommended including a 30 drainage easement along the entire road stub. The property still revert to the adjacent landowners, but the reversion include a public drainage easement which will remain open though the road is closed. foot will will even Ms. Paula Jordan commented on poisonous snakes in the ditch and explained that property owners would like to own the land and pipe in the ditch. The Commissioners were requested not to require a public easement. Mr. Robert Jordan requested an explanation of the ramifications of the easement and expressed concern improving the easement with this work later being destroyed. Planning Director Hayes reported the drainage easement should be retained on the northside, adjacent to Parcel A. The easement will allow the residents to clean out the ditch if it should become stopped up or overgrown. Amended Motion: After further discussion, Commissioner Barone AMENDED THE MOTION, SECONDED by Vice-Chairman Mathews to close the road stub contingent upon maintaining a 30 foot public drainage easement to the northside of the 60 foot right-of-way. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 16. . PUBLIC HEARING TO CONSIDER REZONING 4.7 ACRES ON THE SOUTHEAST SIDE OF RACINE DRIVE SOUTH OF EASTWOOD ROAD FROM R-15 RESIDENTIAL TO 0-1 OFFICE AND INSTITUTION (Z-482, 8/93) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board agreed with Staff feeling that Office and Institution zoning would provide a good transition between commercial land northwest of Racine Drive and subdivision developments to the southeast. After little discussion, the Planning Board voted unanimously to recommend approval of the request. Also, at the applicant's request, the Board voted to include three smaller parcels located ~ ./ / ( l MINUTES OF REGULAR MEETING., SEPTEMBER 7, 1993 PAGE 681 along Carl street as part of the petition. The applicant informed the Planning Board that the parcels were inadvertently omitted from the original petition. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed rezoning request. The following remarks were received. Mr. Larry Sneeden, representing the owner, reported the request was made due to the construction of Racine Drive and the pending construction of smith Creek Parkway. The petitioner feels there will be intense pressure for commercial development within that area; therefore, this tract of land would not be suitable for residential use. The 0-1 District would provide a transitional zoning that would be more acceptable to the surrounding neighborhoods. o Mr. Harold Beatty, a resident of Carl Street, expressed concern for future development and the proper drainage of this land. Also, the residents on Carl Street would like to have an access to Racine Drive. commissioner Sisson reported without a site plan, the residents of Carl Street will have to depend on the developer for access to Racine Drive. Mr. Sneeden stated no plans have been developed for this section of the property; however, with 0-1 zoning, another access road will probably be constructed, and in his opinion, this would be an obvious access point. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the 0-1 rezoning as recommended by the Planning Board including the three smaller parcels located along Carl Street. Upon vote, the MOTION CARRIED UNANIMOUSLY. o A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972," is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9B, Page 75. PUBLIC HEARING TO CONSIDER REZONING 3.6 ACRES ON THE EAST SIDE OF CAROLINA BEACH ROAD, 790 FEET NORTH OF THE CAPE BOULEVARD FROM B-2 BUSINESS TO R-15 RESIDENTIAL (Z-483, 9/93) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, presented the following options presented by Staff: 1) Deny the request to preserve the integrity of the existing commercial district. 2) Rezone the entire district back to B-1 Business or for less intensive uses, such as those offered by the Office and Institution District. o 3) Approve the applicant's request and rezone the remnant parcel to B-1 Business and incorporate it into the larger B-1 District to the north. This option would also require rezoning the narrow strip of land that separates these two areas. 4) The County could completely eliminate one or both of the existing commercial areas. . . . ,.., MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 682 After review, the Planning Board voted to recommend approval of the petition including the Henry property located west of the subject property. By including this parcel, a non-conforming sized B-2 District cannot be established. Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed rezoning request. The following remarks were received: Attorney Joel R. Rhine, representing the petitioner, reported the rezoning is on behalf of Janice and Brain Stahl, and stated prior to November 1989 the property was zoned R-15 Residential with the road front property zoned B-1 Business. In November 1989, Mr. Floyd Henry petitioned to rezone the land to B-2, which was approved. No commercial development has occurred on this land since the B-2 District was established. The only commercial development that has occurred is the Carolina Video Store, which is an adult book store. This is the same store that was closed for pornography, illegal gambling machines and guns. No court action was taken due to a technicality in the search warrant which did not list specific itemization of what was to be searched. Mr. & Mrs. Stahl acquired the property in May 1990 with the intent of constructing a residence on the lot. The lot is well suited for residential development and the proposed rezoning will avoid future encroachment of commercial zoning into surrounding neighborhoods as well as protect the natural resources. Commercial development has not occurred on this property because there are no utili ties available for the area. County policies encourage commercial development in areas that contain the public utility services. Also, this area is classified as Resource Protection due to the proximity of Myrtle Grove Sound. In order to protect'the sound and surrounding residential development, this area should be limited to low residential development. The proposed down zoning will impact Mr. Henry's property; however, the following points should be considered: 1) The adjacent residential areas will benefit from R-15 Residential zoning in order to avoid disturbing the land and Myrtle Grove Sound. 2) The adjacent residential homes will no longer be burdened by the fear of intrusive commercial development. 3) Mr. Henry has abused the Zoning Ordinance in the past. When the land was rezoned in 1989, Mr. Henry appeared before the Board of County Commissioners and reported the book store was a legitimate book store selling box office videos, not adult videos. Now with the proposed down zoning, Mr. Henry is claiming the video store is grand fathered in and the adult book store should remain in place. The question to answer is whether or not to believe Mr. Henry. 4) The adult book store is a nuisance to the entire area. It attracts derelicts, prostitutes, and drug users. Guns have been found on the premises and there are illegal gambling machines on the prem~ses. Adjacent property owners have been exposed to unacceptable behavior and actions by the clients of this establishment. 5) There are no facts to reflect that the property should be used for commercial 'use. There ,is no vested right of any property owner to maint.~in l1is property as a commercially zoned district. The property owner should be able to use his property as he wishes, but the property owner does not have the right to harm his n~igh9ors and disrupt the community's natural development as a residential area. Attorney Rhine requ~sted the Commissioners to rezone the property from B-2 Business to R-15 Residential. ~ /' ( I I I I l MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 683 Ms. Dottie Mayes commented on the many commercial uses in this area and the difficulty of developers in filling the vacant shopping centers already constructed. The Commissioners were urged to allow this property to be used for residential uses in order to avoid more traffic and congestion in a nice residential community. Attorney Billy H. Mason, representing Mr. Floyd Henry, reported the proposed rezoning submitted by the petitioner did not include Mr. Henry's property; therefore, he did not attend the Planning Board meeting. No notification was received about being included in the petition until seeing this item published in the newspaper. This property has been zoned commercially since the 1970's and used as a convenience store and book store since 1981 pr ior to the purchase by Mr. Henry. He purchased the land as valuable commercial property and planned to open a boat business; however, the boat dealership experienced financial problems, and this plan was negated. Mr. Henry invested a considerable sum of money in the land and is paying united Carolina Bank a mortgage payment of $1,200 per month. The property is now rented and used as an adult book store, but the question to be answered is where are Mr. Henry's rights? He purchased the land zoned commercially and now will lose money if the land is down zoned to R-15 Residential. It is grossly unfair for the Planning Board to include this property in the proposed rezoning when the parcel was not submitted as a part of the original petition. The Commissioners were urged to deny the R-15 rezoning request. () Mr. Marcus Johnson, a resident of the area, commented on the use of Mr. Henry's property and expressed grave concern for this site being used as an adult book store which encourages prostitution and drug dealers. Many elderly residents live in this area and do not need this type of nuisance. The Commissioners were urged to approve the R-15 Residential zoning. () Attorney James W. Lea, III, a partner of Attorney Rhine, reported when Mr. Henry appeared before the Board of County Commissioners in 1989, he told the Board that he did not have an adul t book store operating on the premises, which was not the truth; therefore, the facts were misrepresented at the time of the B-2 rezoning. Also, his attorney, David Barefoot, stated the property adjoins Carolina Inlet Marina and the petitioner has requested B-2 zoning in order to establish a boat sales service facility. In both statements, the truth was not told. It is disturbing for a person to appear before the Board of County Commissioners and drastically rezone a piece of property when the truth was not told. Now, the same person is trying to state the use of the site is grandfathered because the adult book store was in operation. This type of behavior should not be sanctioned with the misrepresentation of facts and during the past four years no boating facility has been placed on the site; therefore, there should be no sympathy for down zoning the property. Also, the property will not sell as viable commercial property since the necessary public utilities and services are not available in this residential area. The Commissioners were requested to approve the R-15 rezoning as recommended by the Planning Board. Attorney Mason, again, reiterated Mr. Henry did intend to place a boat sales facility on the site, but the deal did not come through financially. () Chairman Greer closed the Public Hearing. Chairman Greer requested an explanation of the land involved in the original petition? Planning Director Hayes reported the 3.26 acres was the original petition with the front property being added by the Planning Board because the County Zoning Ordinance requires that each B-2 District must be five acres in size; therefore, if the Commissioners approved the R-15 rezoning the entire B-2 District (;.-'f '),I: ~ MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 684 would have to be rezoned to R-15 to prevent the establishment of a non-conforming B-2 District. commissioner Caster inquired as to the tax value of the property? Attorney Mason reported the tax value of the property is $138,000 with an appraisal value of $182,000. . commissioner sisson reported on being a member of the Planning Board when the original petition was presented and stated he voted against the petition because the property was not located in a commercial node, and in his opinion would extend strip commercial zoning. However, if there was no adult book store located on the site as indicated by Mr. Mason, and now there is an adult book store, this is in violation of the present Zoning Ordinance. The County Commissioners should take this matter into consideration. commissioner Caster inquired as to whether this use is legal. Assistant County Attorney, Kemp Burpeau, reported legally the adult book store is an issue as to whether or not it is grandfathered in; however, the original rezoning was a general use rezoning and it was inappropriate to talk about a specific use. The former Board of County Commissioners should have considered every type of commercial use before rezoning the property. Now, the Commissioners should decide on the merits of the rezoning as to commercial versus residential uses with addressing the adult book store issue at the next meeting. . Attorney Lea disagreed. The petition was not presented as a general use and expressed concern for this being considered a down zoning when the facts were misrepresented four years ago when the site was zoned B-2 Business. Chairman Greer closed the Public Hearing. Chairman Greer recommended directing staff to check into the present use of the site as an adult book store and close the store if necessary; however, allowing a neighbor to move in and tell a person what to do with his property is wrong. In his opinion, approval of the R-15 zoning including Mr. Henry's property is taking away Mr. Henry's property rights. commissioner sisson agreed except for the misrepresentation on the use of the property by the owner when applying for the B-2 zoning district. Concern was expressed for allowing people to misrepresent facts when applying for a rezoning and he recommended developing some type of regulation to avoid these types of situations. Chairman Greer stated, in his opinion, the adult book store issue is not connected with the proposed R-15 Residential rezoning. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Mathews to deny the rezoning request. . Voting Aye: commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone commissioner sisson Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairman Mathews to instruct the Zoning Enforcement Officer to move as, quickly as possible to enforce the County Zoning Ordinance with regard to the present site being used an adult book store on the Henry property. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ ./ / I I ~INU~ES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 685 BREAK Chairman Greer called a break from 10:00 P.M. until 10:18 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY PLANTATION VILLAGE TO REVISE THE MASTER SITE PLAN FOR THE NURSING, PERSONAL CARE AND ELDERLY HOUSING COMPLEX ON PORTERS NECK ROAD Chairman Greer opened the Public Hearing and announced this is a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following person was sworn in: () John Jefferies Planning Director, Dexter Hayes, reported the revision would eliminate the site's western most driveway entrance along Porters Neck Road. The Planning Board's chief concerns with the proposed revision were ensuring that fire protection was not undermined and that another planned access connecting the site to Jeanelle Moore Boulevard was constructed in a timely manner to support Phase II of the project. After discussion, the Planning Board voted to approve the proposed revisions subject to the following conditions: 1) All three-story buildings planned in Phase II must be equipped with sprinkler systems as per applicable codes. 2) An additional dry hydrant must be installed as per recommendations of the Ogden Volunteer Fire Department. 3) The planned road connection to Jeanelle Moore Boulevard must be completed before new construction starts for areas beyond sub-phase B. 4) A temporary service entrance must be provided during the construction of Phase II. () Chairman Greer inquired as to whether anyone from the general public would like to comment on the proposed revisions to the Special Use Permit. The following remarks were received. Mr. John Jefferies agreed with the staff findings and facts as presented by the Planning Board and stated the Seagate Volunteer Fire Department is satisfied with the proposed conditions. No comments were received in opposition to the proposed revisions. Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to approve the proposed revisions subject to the conditions recommended by the Planning Board based upon the evidence presented and findings of fact meeting the four general requirements. 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 Special Use Book II, Page 6. (\, \, / PUBLIC HEARING TO CONSIDER A REQUEST BY THE WINDCHASE HOMEOWNERS ASSOCIATION TO EXPAND ITS EXISTING COMMUNITY BOATING FACILITY BY ADDING FOUR FIXED-BASED BOAT SLIPS Chairman Greer opened the Public Hearing and announced this is a quasi-judicial hearing; therefore, anyone wishing to testify must be sworn in by the Clerk to the Board. The following person was sworn in: \ ~ '; ~ MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 686 stuart Point Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to approve the request since the construction of the four fixed-based boat slips would meet minimum County standards. Also, the additional slips would not negatively impact surrounding natural resources. . Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. stuart Point, President of Association, concurred with the staff requested approval of the Special Use boat slips. the Windchase Homeowners findings as presented and Permit for the additional Chairman Greer closed the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to grant a Special Use Permit to the Windchase Homeowners Association to expand the existing community boating facility by adding four fixed-based boat slips based upon the evidence presented and findings of fact satisfying the four general requirements. 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 Special Use Book II, Page 6. . PUBLIC HEARING TO CONSIDER REDUCING THE SETBACK FOR NON-RESIDENTIAL OFF-STREET PARKING ADJACENT TO STREET RIGHTS-OF-WAY Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend denial of the petition feeling the proposed reduction in the setback,for non-residential off-street parking would undermine the County's landscaping requirements, particularly for streetscape areas along the County's major roadways. Chairman Greer inquired as to whether anyone from the general public would like to comment. ,~/ The following remarks'were received: . Mr. Nello Filippini, the petitioner, reported this item along with many other items in th~ Zoning Ordinance need to be revised. Concern was expressed for" the County not reimbursing property owners for land being condemned without just compensation. There is no reason for any citizen to ~e penalized for the use of his land except for safety or environmental concerns. Many commercial and industrial business lots are becoming smaller with land at a premium because of the 10 foot setback, and the County offers no tax exemption or compensation for the loss of this land. When riding through the business corridor in the County, the 10 foot setback has been violated many times because it is unreasonable. A five foot setback is adequate fpr safety purposes and landscaping requirements. The Commissioners were requested to reduce the setback for non-residential off-street parking adjacent to street rights-of-way from 10 feet to 5 feet. Chairman Greer inquired as to why the setback requirement is 10 feet? Planning Director Hayes reported the 10 foot setback is in conjunction with the perimeter landscaping around parking lots. Also, this footage provides some expansion for the widening of roads, turning lanes, and installation of drainage and public utilities. without this footage, a parking lot could be constructed up to the right-of-way and when the State decides to ~ ~ " ( MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 687 widen the road, this could require a business to relocate. Chairman Greer asked Mr. Filippini why he chose a 5 foot setback? Mr. Filippini reported a 5 foot setback will ensure safety and allow a more reasonable setback for construction. Also, when the Highway Overlay District was enforced, many property owners loss property without any form of compensation. In his opinion, taxes should be reduced in these types of situations. () Chairman Greer closed the Public Hearing. commissioner sisson reported Mr. Filippini will benefit from the reduction of the setback and expressed concern for the amount of landscaping that can be performed with a reduction of the setback. Emphasis was placed on the need to adequately buffer businesses from residential uses. Motion: After further discussion of the required 10 foot setback, Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the applicant's request. The floor was opened for discussion. Commissioner sisson cautioned reducing the setback and stated this property will be used for personal gains. Safety is to be considered, which is more effective with a 10 foot setback, and the Zoning Ordinance should remain unchanged. Planning Director Hayes reported the 10 established in 1979 with no problems incurred. are following the same setback standards development. foot setback was Other urban areas for commercial Substitute Motion: After further discussion, Chairman Greer made a SUBSTITUTE MOTION, SECONDED by Commissioner Sisson to reduce the setback from 10 feet to 8 feet. Upon vote, the MOTION CARRIED AS FOLLOWS: () voting Aye: Commissioner Caster commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY AD~PTED OCTOBER 6, 1969" is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 16. FIRST READING OF ORDINANCES TO PROVIDE FOR FLOW CONTROL OF SOLID WASTE AND REQUIRE LICENSES FOR MUNICIPAL SOLID WASTE COLLECTORS Environmental Director, Ray Church, reported the proposed ordinances will provide for flow control of solid waste and require licensing of municipal solid waste collectors. The Board is also requested to approve an interlocal agreement with the municipalities to approve the County's Solid Waste Management Plan. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the following items: (a) an ordinance to provide for flow control of solid waste; (b) an ordinance to require licenses for municipal solid waste collectors; and (c) an interlocal agreement with the municipalities for approval of the County's Solid Waste Management Plan. The floor was opened for discussion. () commissioner Caster inquired as to whether the haulers are satisfied with the proposed ordinances? ~ .' ~ MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 688 Director Church reported one hauler is proposing to construct a transfer station for hauling solid waste out of the County. He stated all the ,haulers are not satisfied; however, the taxpayers investment must be safeguarded through flow control to protect the major source of revenue. . Mr. Randy Ganey, representing Waste Industries, reported he did not receive a copy of the proposed ordinances until 2:00 P.M. today. He requested the Commissioners to allow time for Waste Industries to review the ordinances before taking action. commissioner Barone reported Mr. Ganey should have an opportunity to provide input, particularly since he did not receive a copy of the ordinances. Mr. Chris McKeithan reported that Waste Management of Wilmington is opposed to flow control and feels the proposed ordinance is unconstitutional. Concern was expressed for the tip fee of $60 per ton at the County's Waste-to-Energy Facility when the national average tip fee is $56 per ton. without approximately $1.3 million from the sales tax and other revenue sources, the tip fee would be $80 per ton. There is no easy solution to the disposal of solid waste, but in many areas throughout the country as indicated in a recent article from Wall street, incinerators are being closed because they are too costly to operate. The tip fee cannot continue to increase and sooner or later, the County is going to have to address this issue. Upon vote, the MOTION CARRIED AS FOLLOWS: . Voting Aye: Commissioner sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone commissioner Caster Due to not receiving a UNANIMOUS VOTE, the ordinance will require a second reading on September 20, 1993. Chairman Greer directed the County staff to work with the haulers in explaining the provisions of the proposed ordinances before the next meeting. ADOPTION OF CONTRACT WITH VOLUNTEER FIRE DEPARTMENTS Chairman Greer commented on the proposed contract and inquired as to whether anyone would like to comment. Mr. Leonard Long, a member of the Wrightsboro Volunteer Fire Department, requested the Commissioners to appointment a representative to the Board of Fire Commissioners for the Wrightsboro Volunteer Fire Department. Chairman Greer reported no appointments will be made at this meeting. . Chief Lou Mattes, Chairman of the Fire Inspections Committee, informed the Board that seven members of the Fire Inspections Committee are in agreement with proposed contract. commissioner Barone presented the following comments: (i) the sentence at the top of Page 8 should be removed as agreed upon; and (2) a budget procedure should be developed to ensure the legal fees for the attorney hired by the Volunteer Fire Departments is not paid by the taxpayers of the County or Fire District. Chief Mattes reported the legal fees will not be paid from fire tax revenues. ~ / ( MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 689 Commissioner Sisson commented on the number of line item transfers and requested an explanation. Chief Mattes reported if a large fire should occur that requires additional funds for the purchase of foam, a line item transfer is necessary. The Fire District has always been allowed to transfer line items within a reasonable amount contingent upon accountability on a quarterly basis. Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone to accept the revised contract and authorize the Chairman to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. () A copy of the contract is on file in the Legal Department. Chairman Greer reported the County Commissioners do appreciate the Volunteer Firemen and the effort given in preparing a contract that will protect the County and also be fair to the Volunteer Fire Departments. MEETING CONTINUED UNTIL TUESDAY, SEPTEMBER 8, 1993, AT 9:00 A.M. Chairman Greer announced the meeting will be continued until tomorrow morning, September 8, 1993, at 9:00 A.M. Chairman Greer convened from Regular Session at 11:45 P.M. CONTINUED MEETING OF SEPTEMBER 7, 1993 The New Hanover County Board of commissioners reconvened to Regular Session on September 8, 1993, at 9:00 A.M. in the First Floor Assembly Room of the New Hanover County Administration Building, 320 Chestnut 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 O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. () Chairman Greer called the continued meeting to order. ACCEPTANCE OF DONATED VEHICLE FOR USE BY THE DEPARTMENT OF EMERGENCY MANAGEMENT Director of Emergency Management, Dan E. Summers, reported Mr. Bob Beaudry from Kure Beach has offered to donate to the County a 1984, 28 foot motor home for modification and use as a mobile command post. Use of such a vehicle would prove extremely valuable during disasters and the cost to convert and prepare this vehicle as a mobile command post would be negligible. Motion: Vice-Chairman Mathews MOVED, SECONDED by commissioner Barone to accept the donated vehicle for use by the Department of Emergency Management with the allocation of funds necessary to convert and prepare the vehicle for a mobile command post unit. Upon vote, the MOTION CARRIED UNANIMOUSLY. After further discussion, the Chairman was authorized to write Mr. Beaudry a letter of appreciation for this generous donation. PUBLIC HEARING TO CONSIDER THE ASSIGNMENT OF HOUSE NUMBERS TO RESIDENTIAL PROPERTY ON HOLT ROAD Chairman Greer opened the Public Hearing. () Planning Director, Dexter Hayes, reported Holt Road is a 15- foot unimproved private road that commences at Masonboro Loop Road and extends east 3,200 feet. six residential homes exist along the road. Several homes on this road were assigned numbers in 1988 based on the Masonboro Loop Road numbering project; however, due to continued development and the need to ensure timely delivery of County services, the house numbers need to be reassigned. I I ~ . . . 'i..",,< ~ , MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 6 9~O Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received. Mr. Thomas Benton, a resident living on Holt Road, expressed concern for changing addresses four times within 12 years, and recommended allowing the house numbers to remain unchanged. Problems have been incurred when applying for credit in that financial institutions automatically assume you have moved four different times. Planning Director Hayes reported this will be the last change and emphasized the importance of providing proper identification for delivery of emergency services. Chairman Greer closed the Public Hearing. commissioner Sisson requested the Planning Staff to write a letter for Mr. Benton explaining the history of the address changes in order to accommodate his needs. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the order re-assigning house numbers to residential property on Holt Road subject to a letter being written for persons living on the road explaining the history of the address changes. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 16. Vice-Chairman Mathews commented on requesting vicinity maps in the past and again asked that a map be included in agenda items in order to better identify th.e.~~ea. ADOPTION OF RESOLUTION OF INTENT TO CLOSE OAK STREET IN CASTLE HAYNE, NORTH CAROLINA Planning Director, Dexter Hayes, reported Oak Street is approximately 700 feet north of the Holly Shelter Road and the Castle Hayne Road intersec~~on, on the east side of Castle Hayne Road. Visible road features do not exist wi thin this 50 foot dedicated right-of-way. The petitioner has requested that 635 feet of the road be closed. A majority of adjoining property owners are in favor of having the road closed. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the Resolution of Intent to hold a Public Hearing on October 4, 1993, at 7:30 P.M. to' consider closing 635 feet of Oak Street in Castle Hayni, North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution of Intent is hereby incorporated as a part of the minutes and. is contained in Exhibit Book XXI, Page 16. ADOPTION OF RESOLUTION OF INTENT TO CLOSE WOODLAWN AVENUE IN SUMMER REST NEIGHBORHOOD . Planning Director, Dexter Hayes, reported Woodlawn Avenue is approximately 360 feet northwes.t of the Summer Rest and Beech Street intersection on the north side of Beech Street. This unimproved road is seldom used, and contains a 33 foot right-of-way and is approximately 350 feet in length. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to adopt the Resolution of Intent to hold a Public Hearing on October 4, 1993, at 7:30 P.M. to consider closing Woodlawn Avenue. 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 XXI, Page 16. ~ ( MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 691 Chairman Greer requested that wording on the agenda indicate adoption of a Resolution of Intent to close a road, not consideration of closing the road. ADOPTION OF SCHEDULE FOR ADOPTION OF CAMA LAND USE PLAN Planning Director Hayes presented a revised copy of the Land Use Plan and requested approval of the following schedule for adoption of the plan: Work Session - September 16, 1993, after the 8:30 A.M. Staff Meeting Joint city/county Work Session on September 28, 1993, at 7:00 P.M. Joint city/County Public Hearing on October 11, 1993, at 7:00 P.M. Adoption of Plan by the County on October 18, 1993. o Adoption of Plan by the City on October 19, 1993. County Manager O'Neal reported the City Council would prefer to meet at 5:30 P.M. on September 28, 1993, for the joint City/County Work Session. It is also recommended that the joint City/County Work Session on September 28, 1993, and Public Hearing for October 11, 1993, be held in the City Council Chambers at 7:00 P.M. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt the schedule with a change in time on September 28, 1993, from 7:00 P.M. to 5:30 P.M. The joint Public Hearing scheduled for October 11, 1993, is to be held in the city Council Chambers at 7:00 P.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. REGULAR AGENDA ITEMS 25 AND 26 WITHDRAWN FROM THE AGENDA Chairman Greer reported since the revised contract with the Volunteer Fire Departments was approved items 25 and 26 should be withdrawn from the Regular Agenda. o Consensus: It was the consensus of the Board to withdraw Items 25 and 26 on the Regular Agenda. ADOPTION OF RESOLUTION ACCEPTING THE COASTAL PLANNING AND MANAGEMENT GRANT AND APPROVAL OF BUDGET AMENDMENT #93-0042 Motion: After discussion of the need to study the effectiveness of constructed wetlands in the treatment of landfill leachate, Commissioner Sisson MOVED, SECONDED by Commissioner Barone to adopt a resolution accepting the Coastal Planning and Management Grant in the amount of $33,650 with a local cash match of $26,515 and to approve the associated Budget Amendment. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster commissioner Sisson Vice-Chairman Matthew Voting Nay: Chairman Greer o Chairman Greer reported, for the record, he is not in favor of this concepti therefore, he cannot support the vote. Budget Amendment 94-0042 Debit Credit Landfill CAMA Grant $60,165 Landfill Contracted Services Construction $21,250 $20,000 ~ . . . ~ MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 69'2 Budget Amendment (continued) Debit Credit Advertising Supplies Printing Travel Capital outlay other Improvements CAMA Flow Through $26,515 $ 1,800 $ 7,500 $ 600 $ 2,500 $ 6,515 $26,515 Purpose: The Landfill has been awarded a CAMA grant from the N. C. Department of Environment, Health, and Natural Resources. The grant will fund a project entitled "Wastewater Demonstration". The required $26,585 match is already in the Landfill's Budget. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 16. MEETING RECESSED TO HOLD A MEETING OF THE WATER & SEWER MEETING Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to convene from Regular Session to hold a meeting of the New Hanover County Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened from Regular Session at 9:25 A.M. Motion: Commissioner Caster MOVED, SECONo'ED by Commissioner Sisson to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 10:01 A.M. CONSIDERATION OF MODIFICATION TO "NUISANCE ORDINANCE", CHAPTER 11, SECTION 11-2(E) OF THE NEW HANOVER COUNTY CODE Commissioner Sisson reported on the need to modify the current Nuisance Ordinance relative to uncontrolled growth of weeds or turf grass within a certain proximity of a residence and recommended repealing section 11-2(e) with addition of the following verbiage. The proposed modifications to the ordinance will be beneficial to the Sheriff's Department in responding to calls. Repeal 11-2(e) Modify by adding: Provided, however, that should structure not meet current Administrative Hearing Officer measurement by either a distance equitable address the nuisance. the principle residential Quilding setbacks, the ~ay ,modify the 50 ft. increase or reduction to Modify by adding: Provided, however, the party whose actions constitute a nuisance may request, by notice to the Administrative Hearing Officer a variance from strict application of the distance standard in unique situations of compelling hardship. commissioner Sisson commented on unique cases where older homes are constructed without conforming to current setbacks, and stated the revision will allow for a hearing to be held by the Administrative Hearing Officer, Pat Melvin, to ascertain if a variance from the 50 feet setback in the Nuisance Ordinance should be granted. Commissioner Barone expressed concern for the Administrative Hearing Officer being on a lower leyel of management and recommended designating the County Manager as the Administrative ~ / MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 P~C;;E 6..~-~ Hearing Officer or allowing each case to be heard by the Board of County Commissioners. Further discussion was held on enforcement. County Attorney Copley reported in litter cases, Pat Melvin, the Assistant to the County Manager, is the Administrative Hearing Officer and citations are issued with penalties assessed. If a hearing is requested because of certain conditions, the Administrative Hearing Officer is contacted with a variance granted if warranted. The purpose of this policy is to avoid the court process, which is much more costly than a citation. Motion: After a lengthy discussion on holding administrative hear ings and whether or not the ordinance should be changed, Commissioner Barone MOVED, SECONDED by Commissioner Caster to allow the Nuisance Ordinance to remain unchanged. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Sisson BREAK Chairman Greer called a break from 10:30 A.M. until 10:45 A.M. CONSIDERATION OF ADDING ARTICLE VIII, "VENUS FLY TRAP PROTECTION" TO NEW HANOVER COUNTY CODE, CHAPTER 12, OFFENSES Commissioner Sisson commented on the need to protect the Venus Fly Trap from poachers and requested adoption of a County Ordinance that will allow for a civil penalty in addition to the criminal penalty. Any persons who violates the provisions of the ordinance shall be guilty of a misdemeanor, punishable by a fine of not more than $50 as provided by the General Statutes of North Carolina, and a citation can be issued which subjects the offender to a civil penalty of $50 and may be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within 20 days after being cited. Emphasis was placed on adopting an ordinance that will provide more authority to the Sheriff's Department through the issuance of civil citations without having to go through court process. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to adopt the ordinance as presented in order to provide more protection of the Venus Fly Trap. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXI, Page 16. The ordinance will be codified into the New Hanover County Code. ADDITIONAL ITEMS - COUNTY COMMISSIONERS status Report on Hospital Lease Commissioner Caster reported the Hospital Board of Trustees approved the ~ease between the County and New Hanover Regional Medical Center. statue Report on Mandated Programs without Funding Commissioner Barone reported at the August Conference of the N. C. Association of County Commissioners, 81 counties unanimously voted to include in the Association's platform that counties will not support unfunded state and federal mandates. The Association was to notify the N. C. Legislators and Governor of our concerns. ~ () () () . . . ~ ,. M~NUTES OF REGULAR MEETING, SEPTEMBER 7, 1993 PAGE 694 Also, this item was included in the National Association of Counties platform at its conference in July. Chairman Greer reported a letter has been received from Governor Hunt informing the Board that he will make every effort possible to see that state mandates are not placed on local governments without sufficient funding. Discussion of Funding for New Hanover Community Health Center County Manager O'Neal reported after discussion with the City Manager and Councilman Hamilton Hicks, it was felt that the city could use some CDBG entitlement monies to contribute to the Community Health Center. Consensus: After further discussion, it was the consensus of the Board to place this funding request on the October 18, 1993, agenda. Announcement of U. S. House Majority Whip Leader Visiting Wilmington on October 17, 1993 commissioner sisson announced the U. S. House Majority Whip Leader will be visiting Wilmington on October 17, 1993 and inquired as to whether it would be agreeable for him to welcome Mr. Peter Bonar on behalf of the County. Also, he plans to discuss current negotiations with EPA for cleaning up the Burn Pit site. Consensus: It was the consensus of the Board to authorize Commissioner sisson to welcome the House Majority Whip Leader. Status Report on the Airport Burn pit site Assistant County Manager, Dave Weaver, reported on a meeting with three consultants that submitted proposals for cleaning up the Burn Pit site. All three proposals were excellent and a recommendation will be made to the Board within the next week. Also, staff is in the process of preparing a proposal to the U. S. Army Corps of Engineers for a buy-back agreement. As information is received, the Board will be informed. ADJOURNMENT Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer adjourned the meeting at 11:05 A.M. Respectfully submitted, C~~X/ ~ Lucie F. Harrell Clerk to the Board ~