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1992-04-06 Regular Meeting . . . ~ MINuTES OF REGULAR MEETING, APRIL 6, 1992 PAGE 869 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 6, 1992, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer; Chairman E. L. Mathews, Jr.; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Mathews called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell gave the invocation. commissioner Sutton led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Mathews asked if anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following items was presented: Discussion of Office Hours for the Inspections Department Mr. C. K. Henry, a ditch contractor installing sewer lines, expressed concern for not being able to have a site inspected after 2:30 P.M. He stated ditches remaining open at night in neighborhoods where the sewer line is being installed are a safety hazard to children as well as costly to the contractor due to the possibility of rain, which requires re-digging of the ditch. He also expressed concern for the lack of communication with the County Inspections personnel due to the telephone answering system which does not allow the caller to speak to an individual. This lack of communication can cause delays in work and inconvenience for the contractor and inspector. For example, last week a site was to be inspected. When the inspector did not arrive before 4: 30 P.M. the crew left. The inspector arrived at 4:45 P.M. An effort had been made to contact the Inspections Department, but no direct communication occurred; therefore, time was lost for the crew as well as for the inspector. Mr. Henry requested a change in the office hours and communication system. County Manager O'Neal stated this item has been discussed with the Inspections Department. Currently, inspectors come in from the field around 3:15 P.M. in order to prepare and submit daily reports by 4:00 P.M. Staff is reviewing the possibility of extending the hours worked until 5:00 P.M. with staggered work hours for one inspector in each trade category. He stated the original work hours were changed to 7:30 A.M. - 4:00 P.M. at the request of local contractors. commissioner Barfield commented on numerous occasions of trying to call the Inspections Department with no answer and strongly objected to the telephone system now being used. Discussion was held on the number of calls received per day. Commissioner Sutton commented on the number of complaints received from contractors about the telephone system and inquired as to whether there is written documentation of the exact time each call is received and the time of response to that call? Assistant County Manager, Dave Weaver, stated the phone mail system records the time and date of the message; therefore, if desired, the response action could be checked; however, calls are not presently monitored. The Inspections Department is currently reviewing two methods of revising the phone mail system: (1) purchase a system " ~ ( I I I \ ~INUTES OF REGULAR MEETING, APRIL 6, 1992 PAq, 81Q at a cost of $20,000 which will park a call until a clerk or inspec:tor becomes available; or (2) change the sequence of the present system to increase the possibility of talking directly to a clerk by 50%. Chairman Mathews expressed appreciation to Mr. Henry for his remarks and stated the phone mail system will be reviewed by Staff with preparation of recommendations for improving this service. Invitation Extended for Attendance to Human Relations commission Workshops Ms. Sandra Harkin, a member of the New Hanover Human Relations Commission, invited and encouraged the Commissioners to attend the following workshops: o The Americans with Disabilities Act and The civil Rights Act of 1991 Workshop April 23, 1992 Holiday Inn - wrightsville Beach 9:00 A.M. until 1:00 P.M. The Fair Housing Workshop - May 4, 1992 Holiday Inn - wrightsville Beach 9:00 A.M. until 1:00 P.M. APPROVAL OF MINUTES Commissioner Retchin commented on amendments to the minutes as presented by the Clerk to the Board and recommended that these amendments be accepted. Motion: commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer to approve the minutes of the Budget Work Session held on March 9, 1992, and the minutes of the Regular Meeting of March 16, 1992, as amended by the Clerk to the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. n \.J APPROVAL OF CONSENT AGENDA Vice-Chairman Greer requested discussion of Consent Agenda Items 6, 7, 8, 11, 12, and 13. County Manager O'Neal requested discussion of Consent Agenda Item 20. APPROVAL OF CONSENT AGENDA ITEM 20, CONTRACT #92-2073 WITH THE INTERTECH GROUP FOR ENGINEERING CONSULTANT SERVICES AT THE WASTE- TO-ENERGY SITE ENVIRONMENTAL MANAGEMENT DEPARTMENT County Manager O'Neal commented on a discussion with Mr. Peter J. Pattinson, President of The Intertech Group, and stated the services being provided are at a very reasonable price; therefore, due to the type of contract with no d~sign or supervision required by The Intertech Group, he would recommend waiving the professional liability insurance requirement in the standard County contract since this coverage would cost Mr. Pattinson $1,500. Dr. William sisson, a concerned citizen, complimented the Board for hiring the group to evaluate the present state of completion of the newly expanded Waste-to-Energy Facility, but expressed concern for an open ended contract with terms of $75 per hour for a period of six to eight weeks. () commissioner Retchin stated the contract does have a $15,000 cap; therefore, the amount of mo~ey paid to The Intertech Group cannot exceed that amount without approval by the Board of County Commissioners. Dr. Sisson stated he was not aware of this fact and is pleased to know that a cap has been included in the contract. Motion: After further discussion of the need for this service, commissioner Retchin MOVED, SECONDED by Commissioner Sutton to accept the contraqt with The Intertech Group and waive the /' ') i.; .~ :":'!~~~' i:" '>,. !~ ~ ;"'.;:t)~.}. .} MINUTES OF REGULAR MEETING, APRIL 6, 1992 PAGE 87! professional liability insurance requirement as requested by the County Manager. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY A copy of the contract is on file in the Legal Department. . Discussion of Consent Agenda Item 6, 7, 8, 11, 12, and 13 Vice-Chairman Greer commented on Consent Aqenda Item 6 and inquired as to whether the sales tax refunds were originally figured into the cost of the project at the Waste-to-Energy Facility? County Manager O'Neal stated the sales tax refunds were not included in the WTE Facility Budget; however, he would be glad to check into this matter and forward a report. Vice-Chairman Greer commented on Consent Aqenda Item 7 and inquired as to the revenue generated from Tax Management Associates (TMA) as compared to the amount of money paid to TMA? commissioner Retchin stated TMA has earned $140,867 by discovery of $469,555 in taxes with $32,759 being paid to date. commissioner Sutton inquired as to whether the $469,555 has been budgeted? County Manager O'Neal stated this a~ount has not been budgeted but will be budgeted before the end of the fiscal year. . Vice-Chairman Greer commented on Consent Aqenda Item 8 and expressed concern for the interest earned on 'projects being transferred back into the project, and requested placement of these funds into the general fund so they can be used for other needed and worthwhile purposes. For example, bond funds through interest earned are being used to purchase a computer, which, in his opinion, does not represent what the citizens voted on when passing the bond issue. County Manager O'Neal stated the proceeds from a bond issue must be used for that capital project. commissioner Barfield stated there is a viable need for the computer and that interest earned from the bond money provides a way to purchase this equipment without having to use money from the general fund. Vice-Chairman Greer commented on Consent Aqenda Item 11 and inquired as to whether County dollars are involved with the "Ashley Bryan" lectures at the New Hanover County Library? County Manager O'Neal stated no County dollars are involved. Vice-Chairman Greer commented on Consent Aqenda Item stated the Board of Health voted not to accept the Management Entity Program as an in-house task; therefore, computer needed? 12 and Public is the . Health Director, Robert Parker, stated the funds are part of the $25 fee charged to restaurants for performance of Environmenta~ Health Programs with reimbursement of 1/3 of the proceeds to county health departments. The computer is being requested for the Department of Environmental ,Health, not for implementation of the Public Management Entity Program. Vice-Chairman Greer commented on Consent Aqenda Item 13 and inquired as to why funds should be removed from the general fund instead of contingencies? County Manager O'Neal stated the money was originally budgeted in the general fund for the capital project with $50,490 never ~ ~ ( I , I I ~ MINUTES OF REGULAR MEETING, APRIL 6, 1992. PAGE 872 being disbursed; therefore, the funds will be used to complete the sidewalk. commissioner Retchin stated in the future when project funds rollover into another fiscal year, these funds should be budgeted rather than remain in the unappropriated fund balance. County Manager O'Neal stated a budget amendment with project roll overs is presented to the Board at the end of each fiscal year. o Motion: After further discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Retchin to approve the Consent Agenda items discussed and other items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Resolution Awarding Bid #92-0348 (Contract #92-0348-1) to Koch Sulfur Products Company for Purchase of Sulfuric Acid - Environmental Management Department The Commissioners adopted a resolution awarding the lowest responsible bid to Koch Sulfur Products Company for the purchase of sulfuric acid at a unit price of $.568 per gallon. The estimated usage for two years is $13,632. -The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 32. Adoption of Resolution Awarding Bid #92-0348 (Contract #92-0348-2) to South Chem, Inc. for the Purchase of caustic Soda Liquid - Environmental Management Department The Commissioners adopted a resolution awarding the lowest responsible bid to South Chem, Inc. for the purchase of caustic soda liquid at a unit price of $1.32 per gallon. The estimated usage for two years is $31,680. The Chairman was authorized to execute the contract documents. n A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 32. Authorization for Filing of 1992 ACTION continuation Grant Department of Aging The Commissioners authorized the filing of the 1992 ACTION continuation Grant for the Retired Senior Volunteer Program. The grant application supports funding for 600 volunteers working in 60 stations throughout the County. Total Grant: County Cost: Federal Cost: $90,176 $42,634 $47,542 The Chairman was authorized to execute the grant documents. Ratification of Bid Award (Contract #92-0372) to South East Construction for Rehabilitation of. Three single-Family Dwellings - wrightsboro CDBG program The Commissioners ratified award of the low bid in the amount of $72,296 to South East Construction for rehabilitation of three- one-story, single family dwellings located in the wrightsboro community Development Block Grant project area. The following bids were received: (j " . ARC ON Construction David B. smith James C. Rode Construction South East Construction $86,400 $82,180 $82,621 $72,296 The Chairman was authorized to execute the contract documents. . . . :' 1l t'i, ~ ,;~4rJ ~ , i ~l;'l" ' ~ . ,.'" " .J "--":r" MINuTES OF REGULAR MEETING, APRIL 6, 1992 PAGE 873 Adoption of Resolution Endorsing Promotion of Physical Fitness - Health Depa~tment The Commissioners adopted a resolution endorsing promotion of physical fitness by the New Hanover County Council on Physical Fitness and Sports. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 32. Report of Budget Amendment #92-0145 for Entry Into the Minutes The following Budget Amendment was reported for entry into the minutes: 92-0145 Steam Plant Expansion Debit Credit Steam Plant Expansion Sales Tax Refund Interest on Investments $ 24,836 $647,111 Contingency Turbine Electric Generator Instrumentation Air Pollution Equipment Upgrade $558,741 $ 23,415 $ 80,931 $ 8,800 Purpose: To budget sales tax refunds and interest already earned, but not yet budgeted. Funds will be used for Contingencies and three change orders that were approved by the Commissioners on March 4, 1992. Approval of Budget Amendment #92-0146 - Tax Department The Commissioners approved the following Budget Amendment: 92-0146 Tax Department Debit Credit Tax Department Ad Valorem Taxes - 1st Prior $140,867 Contracted Services $140,867 Purpose: To budget expenditures and offsetting revenue for Tax Management Associates (TMA). When the FY 1991-92 Budget was prepared, the net revenue was budgeted. At this time, the Finance Department desires to budget TMA expenditures and gross revenues. Approval of Budget Amendment #92-0147 - Senior Center Capital project - Department of Aging The Commissioners approved the following Budget Amendment:, 92-0147 Senior center/Capital project Debit Credit Senior Center/Capital proiect Interest on Investments $42,000 Capital Outlay $42,000 Purpose: To budget interest earned on the Senior Center/Capital Project for a computer network. The network will maintain database and software for the Senior Center, RSVP, and Title III funded In- Home Services as well as support additional Rolodex, WordPerfect and Pagemaker programs. In July 1991, the department will be required to prepare monthly cost sharing statements for clients receiving home-delivered meals and transportation service. The computer network will streamline staff time/tasks to meet the current and increasing state demands for reporting and billing. ~ ( I I ~ MINUTES OF REGULAR MEETING, APRIL 6, 1992- PAGE 874 Approval of Budget Amendment #92-0148 - Child Day Care - Department of Social services The Commissioners approved the following Budget Amendment: 92-0148 Department of Social Services/Child Day Care Debit Credit Department of Social Services/ Child Day Care Office of Day Care Services $103,349 () Day Care Services $103,349 Purpose: services. To budget additional State allocation for day care No additional County funds are required. Acceptance of LSCA Title I Automation Grant Award and Approval of Bu~get Amend~ent #92-0149 - New Hanover County Library The Commissioners accepted the LSCA Title I Automation Grant award in the amount of $1,200 and approved the' following Budget Amendment: 92-0149 Library Debit Credit Library LOCAL Automation Grant $1,200 Capital Outlay Departmental Supplies $900 $300 Purpose: To budget LSCA Title I Automation Grant award for the Library. The funds will be used to purchase a CD ROM player and Lotus software. () Approval of Budget Amendment #92-0154 - New Hanover County Library The Commissioners approved the following Budget Amendment: 92-0154 Library Debit Credit Library contributions Training/Travel $2,384 $ 313 Rent Contracted Services Printing Expense Departmental Supplies $ 35 $2,400 $ i45 $ 117 - Purpose: To budget contributions and ticket sales' to of the expenses incurred for "Ashley Bryan" lectures. Arts Council Grant already budgeted provided $950 cost. pay a portion A Grassroots of the total- Approval of Budget Amen4ment #92-0155 - Environmental Health - H~alth Department The Commissioners approved the following Budget Amendment: () 92-0155 Health Department/Environmental Health Debit Credit Health Department/Environmental Health State Grants $5,384 Departmental Supplies capital Outlay - Equipment $ 214 $5,170 Purpose: -To budget additional State funds to purchase IBM computer hardware for the Department of Environmental Health. ~ MINUTES OF REGULAR MEETING, APRIL 6, 1992 PAGE 875 Approval of Budget Amendment #92-0156 county commissionerS/Engineering The Commissioners approved the following Budget Amendment: 92-0156 County commissioners/Engineering Debit credit . County Commissioners Appropriated Fund Balance $13,833 Enqineerinq Department Other Improvements $13,833 Purpose: To budget funds for completion of the sidewalk on 17th street in the vicinity of the Health Department and the Southeastern Center. Funds were available for the sidewalk in the Health Department Expansion Capital Project, but were not spent due to DOT's plan to widen 17th Street at this location, which would have displaced the County's sidewalk. When the Health Department Expansion Capital Project fund was closed, $50,490 of unspent funds were transferred to the General Fund; therefore, the cost of the sidewalk is being paid from this fund. Adoption of Resolutions Adding Roads to the state Highway system The Commissioners adopted resolutions adding the following roads to the state Highway System: Fitzgerald Drive, Twin Leaf, Bracken Fern Road and Bird Nest Court (Wildflower Subdivision - File 693-N) Red Cedar Road, Land Line Drive, and pioneer Court (Gorman Plantation - File 709-N) . Strawfield Drive, Nettle Circle, North Green Meadows Drive~ Sweet Bay Court, Twin Leaf Road (Summerfield Subdivision - File 688-N) Wood Sorrell Loop Road, Red Bay Loop Road, Spicewood Loop Road (Weatherwood Subdivision - File 689-N) Copies of the resolution are hereby incorporated as a part of the minutes and are contained in Exhibit Book XIX, Page 32. Ratification of Appointment of Joe Blackburn to Serve as an Extraterritorial Alternate Member of the Carolina Beach Board of Adjustment The Commissioners ratified the appointment of Joe Blackburn to fill the unexpired term of Joseph Winner as the extraterritorial alternate member of the Carolina Board of Adjustment as recommended by'the Carolina Beach Town Council. . Reappointment of Meg Williamson and Eleanor Greentree to Serve on the Nursing Home Advisory Committee The Commissioners reappointed Meg Williamson and Eleanor Greentree to serve 3-year terms on the Nursing Home Advisory Committee. The terms will expire March 25, 1995. Both members have completed their initial 1-year term and by State Statute are eligible for the 3-year term. Adoption of Resolution Authorizing the Sale of Jointly Owned city/County Surplus Property The Commissioners adopted a resolution authorizing the sale of jointly owned city/County property located at 912 South sixth Street~ Tax Parcel #054-09-035-009-000 in the amount of $1,930 to the offeror, Carolyn A. Baker. A copy of the resolution is hereby incorporated as part o~ the minutes and is contained in Exhibit Book XIX, Page 33. ~ ( t f I i 1 I l MINUTES OF REGULAR MEETING, APRIL 6, 1992 PAGE 87f? Release of Impact Fees to seagate Volunteer Fire Department The Commissioners approved release of impact fees in the amount of $3,951. 35 collected from Landfall corporation to the Seagate Volunteer Fire Department as recommended by the Board of Fire Commissioners. Approval of Budget Amendment #92-0157 - Fire District The Commissioners approved the following Budget Amendment: 92-0157 Special Fire District/Fire Departments Debit () Credit Special Fire District/Fire Departments Appropriated Fund Balance $112,991 Ogden Volunteer Fire Department $112,991 Purpose: To budget Fire District fund balance to pay-off loan on an aerial truck for Ogden Volunteer Fire Department. This action was approved by the Board of Fire Commissioners on March 18, 1992. ACCEPTANCE OF DONATION FROM THE GARDEN COUNCIL OF NEW HANOVER COUNTY FOR DEVELOPMENT OF THE DOWNTOWN URBAN PARK Ms. Peggy Mosley, President of The Garden Council of New Hanover County, presented a check in the amount of $550 on behalf of the Council for development of the downtown Urban Park. Chairman Mathews, on behalf of the Board, accepted the donation and expressed appreciation to The Garden Council for this generous contribution. PRESENTA~ION OF TROPHY TO WINNER OF "NEW HANOVER COUNTY GOVERNMENT TRIVIA PURSUIT" Chairman Mathews congratulated and presented a trophy to D. c. virgo Middle School for being the winner of the New Hanover County Government Trivia Pursuit competition during County Government Week. . The following students were presented 'Certificates of Appreciation: () James Rippy Kathy Jamison Missy Betz Bart Hardison Parker Adams Susan Ball 1st Place Award to williston Middle School. 2nd Place Award to Myrtle Grove Middle School. PRESENTATION AND ACCEPTANCE OF REPORT ENTITLED, "ENVIRONMENTAL RESOURCES , CONSTRAINTS IN NEW HANOVER COUNTY" Planning Director, Dexter Haye.s, presented and requested acceptance of a report entitled, "Environmental Resources & Constraints in New Hanover county" as a part of the CAMA Land Use Plan Update. The following items were discussed: WATER RESOURCES Water resources in the County can be broken down into groundwater and surface water systems, although it is important to note that water moves with limited restrictions between the two systems. Approximately 54% of the population of New Hanover County received their water supply from groundwater and 46% receive their water from the Cape Fear River. The County report, "Drinking Water in New Hanover county" summarizes the various water systems currently utilized by County residents and examines some of the factors associated with possible Jmplementation of a county-wide water system. () "~';'- . }!~'f.'" ,., MINUTES OF REGULAR MEETING, APRIL 6, 1992 PAGE 877 . Groundwater Quality: Presently, the County's groundwater system is still relatively free of pollution, but the number of contamination incidents is growing. As of January 1991, approximately 80 incidents of contamination had been documented, most of which are associated with accidental industrial spills or leaking storage tanks. These sites are located throughout the county but are somewhat more abundant in the northern part. Two sites in New Hanover County have been identified as state Priority sites due to the size of their contamination plumes; however, one of these sites does not affect the deep aquifer system. Both sites are located in the northern part of the county and are being monitored. Surface Water: Most of the surface water in New Hanover County comes from the Cape Fear River located 23 miles upstream. The City is going to expand its Water System from a capacity of 13 million gallons per day to 19 million gallons per day. This source is probably the worst source of drinking water in North Carolina due to the many industrial discharges into the river upstream. Local efforts are being made to work with the U. S. Geological Survey (USGS) to perform groundwater studies of the Castle Hayne Aquifer to define the extent of the aquifer, the amount of water available, the directional flow of the water, and how this resource can best be utilized. . commissioner Sutton commented on the proposed USGS water quality study as a priority and inquired as to the status of the study? Assistant County Manager Dave Weaver stated after meeting with representatives of USGS last week, a proposal defining the scope of the study and the cost should be received any day. This will be a multi-year phased project, which will assist with funding of the study. Tables were presented reflecting the preliminary dockside value of finfish and shellfish reported for New Hanover County from 1979-1989. A map was presented on the Primary Nursery Areas designated by the State as highly conducive for juvenile habitat for marine species. Most of the shoreline of New Hanover County is designated as primary nursery areas. The main sources of pollution are septic tank runoffs and wastewater treatment systems. With more stringent State regulations for location of septic tanks permitted by the Heal th Department and installation of the County sewer system, these sources of pollution should decrease. All creeks in New Hanover County are closed to shellfishing. There are some open waters at the mouth of Futch's Creek, the back waters in the sound areas, and some waters behind Masonboro Inlet. When a marina is opened, the State automatically closes the waters to shellfishing. . commissioner Barfield inquired as to the progress being made on identifying the pollution sourc.e of Howe Creek? Planning Director Hayes stated the State Shellfish Sanitation Division, Coastal Resources Commission, and staff from UNC-W are monitoring Howe Creek and are in the process of trying to trace the source of pollution. commissioner Sutton commented on the mobile home wastewater treatment plant located north of Howe Creek and inquired as to when the sewer system will be available in this area? Planning Director Hayes stated the sewer service has been installed around this area; however~ no collection system has been placed in this vicinity. The present collection system by-passes Middle Sound and runs into Bayshore Estates. The Middle Sound Area has been identified as a potential site for a collection system because of the residential mobile home wastewater treatment discharge into the head waters of Howe Creek. ~ ( l MINUTES OF REGULAR MEETING, APRIL 6, 1992 PAG~ 87,6 commissioner Barfield and Commissioner Sutton expressed concern for the location of this package treatment system a"nd requested Staff to move forward with placing a collection system in this area as soon as possible. commissioner Sutton also commented on the location of a community wastewater package treatment plant at the head of Hewlett's Creek, which now is connected to the County's sewer system, and inquired as to when the creek will be reopened to shellfishing? Planning Director Hayes stated the treatment plant has connected to the County sewer system; however, it will take approximately three (3) years of monitoring before the State will reopen the creek. () Assistant County Manager, Dave Weaver, stated failing septic tanks placed on the sewer system can continue to pollute for a number of years because they have not been pumped out at the time of connection. The only solution to this problem is for the Water & Sewer District to require septic tanks to be pumped out at the time of connection, which will be an additional cost for the property owner. commissioner Barfield recommended amending the Water & Sewer Ordinance to require property owners to pump out septic tanks before connecting to the sewer system. Emphasis was placed on the purpose of the countywide sewer system, which is to eliminate runoff from septic tanks and wastewater package treatment plants in order to protect groundwater and estuarine waters. Planning Director Hayes presented a map reflecting the permitted point source discharge NPDES sites and stated the residential sites have been reduced substantially by installation of the sewer system; however, the number of industrial/commercial discharge sites, largely located on the Northeast Cape Fear River, will continue to grow. () A map was presented on permitted nondischarge sites which are largely commercial and located throughout the county. until recently, the State permitted nondischarge sit~s; however, New Hanover County will assume this responsibility in the future. commissioner Sutton inquired as to the best area of the County for location of industrial sites from a groundwater sensitivity point of view? Planning Director Hayes stated the U. S. 421 Corridor, already industrially zoned, is the best location for industry. A map was presented on the surface water quality classes as follows: -Fresh Waters: Class WSIII waters can be found at only one location in the County, Toomer's Creek just north of the City. This means that the waters of Toomer's Creek could serve as an alternative source of drinking water for the City of Wilmington, assuming adequate treatment was provided. Toomer's Creek is sometimes used to supplement the Cape Fear River as a source of drinking water for the City in emergency situations. Class B waters are used for primary recreation and other usage as specified by the C classification. () Class C waters are those areas best used for aquatic life propagation and survival, fishing, wildlife, s~condary recreation, and agriculture. -Tidal Salt Waters: Class SA waters are best used for commercial shellfishing and other uses specified by SB and SC. Many of the County's SA waters are also classed as outstanding Resource Waters. ~ \";f1'it. MINuTES OF REGULAR MEETING, APRIL 6, 1992 PAGE 879 . ~Supplemental Classes: Swamp waters (SW) are waters which have low velocities and other natural characteristics which are different from adjacent streams. -outstanding Resource Waters are unique and special waters of exceptional state or national, recreational, or ecological significance which require special protection to maintain existing areas. ORW waters in the County are located in the sound areas with Howe Creek being the only designated ORW creek. -High Quality Waters are waters which are rated as "excellent" based on biological and physical or chemical characteristics through the Division of Environmental Management monitoring or through special studies. This class includes some Primary Nursery Areas, critical habitat areas, and special water supply watersheds. Designated HQW waters are Bradley Creek and Futch's Creek. FRAGILE AREAS . The New Hanover County Zoning Ordinance established a Conservation Overlay District to help protect fragile areas through required preservation of 50% to 100% of the conservation resource, buffer strips and drainage controls. Some of these resources are swamp forests; pocosins; savannahs; natural ponds; fresh marsh; brackish marsh; barrier island/beach complex; maritime shrub thickets; salt marsh; primary nursery areas; animal and plant natural areas of special significance; and significant historical, archaeological, and architectural sites. . As required in the 1974 Coastal Area Management Act directed by the Coastal Resources Commission, local governments were required to identify and designate "Areas of Environmental Concern" in order to control development which might cause irreversible damage to property, public health and the natural environment. The areas of environmental concern are the Estuarine System, Coastal Wetlands, Estuarine Waters, Public Trust Areas, Estuarine Shorelines, the Ocean Hazard System, Public Water Supplies and Natural and Cultural Resource areas. Under a new State regulation, the State has allowed counties to review air quality permits. New Hanover County is now reviewing air quality permits locally with a local sign-off for industrial emissions. The air quality in New Hanover County is very good. In summary, New Hanover County is trying to protect its natural resources through the development of policies that will enhance the resources and protect the quality of life. Commissioner Retchin commented on the sea level rise of 144 inches by the year 2100 and inquired as to how much of the County's 185 square miles will be engulfed underwater? Planning Director Hayes stated a conservative impact would be approximately a 3-4 foot contour line, elevation wise, which is not a substantial amount of property. Problems will be experienced in the Southern end of the County, especially near the Snow's Cut area, since this area is low lying land without a slope between the high ground and the water level. . Chairman Mathews complimented staff for an excellent report. Consensus: It was the consensus of the Board to accept the report as part of the CAMA Land Use Plan Update. A copy of the report is on file in the Clerk's office. ADOPTION OF RESOLUTION FOR ABANDONMENT OF A PORTION OF RAMSGATE ROAD EXTENSION Staff requested adoption of a resolution for abandonment of 1,500 feet of Ramsgate Road Extension (State Road 1713) from the state maintenance as requested by the Department of Transportation on behalf of the Fort Fisher Aquarium. The purpose of the request ~ MINUTES OF REGULAR MEETING, APRIL 6, 1992 PAGE 88Q is to use the closed portion for security precautions around the aquarium site during holidays and non-operating hours. A security gate will be placed at the road entrance. Motion: After discussion Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to adopt the resolution for closing a portion of Ramsgate Road Extension (State Road 1713) as requested. 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 XIX, Page 33. () ESTABLISHMENT OF ANIMAL CONTROL PLANNING TASK FORCE county Manager O'Neal commented on the need to expand the County's Animal Control Facility and stated in order to bring about a realistic and cost-effective solution to the lack of space, Staff would recommend appointment of an Animal Control Planning Task Force composed of the following members: Vice-Chairman, Robert G. Greer John Coble, Board of Health Donna Neal, Animal Control Advisory Board Mary Ann Waldron, Humane society Robert Parker, Health Director Ron Currie, Animal Control Director Allen O'Neal, County.Manager The Task Force will be charged with setting priorities for Animal Control as well as reviewing construction needs and priorities for a new, renovated, or expanded facility. Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to establish an Animal Control Planning Task Force as recommended by Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. () County Manager O'Neal stated the proposed FY 1992-93 Budget will include funds for hiring an architect before the end of the next fiscal year. commissioner Barfield inquired as to whether funds are available in FY 1992-93 to hire an architect and expressed concern for moving too quickly and sending a false message that a new or renovated facility will be furnished before funds are available. AWARD OF CONTRACT #92-0377 TO SNEEDEN MECHANICAL FOR DRAINAGE IMPROVEMENTS - WASTE-TO-ENERGY FACILITY Director of Environmental Management, Ray Church, stated the following bids were received for drainage improvements to the Waste-to-Energy Facility in order to control storm water runoff and prevent entry of rain water into the basement. Staff recommends award of the bid to the lowest responsible bidder, Sneeden Mechanical. Bid Proposals CBH Construction Sneeden Mechanical M & A Construction $34,000 $19,800 $22,185 () Motion: commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to award the low bid to Sneeden Mechanical in the amount of $19,800 for drainage improvements to the Waste-to-Energy Facility. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Mathews convened from Regular Session to hold a break from 8:05 P.M. until 8:14 P.M. . . . , Y"f~ 'l.~ ~ '~....'~l MINUTES OF REGULAR MEETING, APRIL 6,1992 PAGE 881 EXECUTIVE SESSION Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to convene to Executive Session for attorney consultation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews convened to Executive Session at 8:15 o'clock P.M. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman Greer to reconvene to Regular Session. Chairman Mathews reconvened to Regular Session at 9:05 P.M. OATH OF OFFICE ADMINISTERED TO THE NEWLY APPOINTED COUNTY ATTORNEY Clerk to the Board, Lucie F. Harrell, administered the Oath of Office to the newly appointed County Attorney, Wanda M. Copley. A copy of the Oath of Office is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 33. ) PUBLIC HEARING TO CONSIDER AN APPEAL FOR REZONING OF PROPERTY LOCATED AT ALEXANDER ROAD AND U. S. HIGHWAY 17 (MARKET STREET) TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-477, 3/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, stated the applicant requested B-2 zoning since the site's proximity to Market Street has greatly reduced its use for residential appeal and potential buyers for the property have expressed an interest in commercial development. After hearing from residents along Alexander Road, who felt B-2 zoning would encourage encroachment of incompatible land uses into a residential area, the Planning Commission agreed and recommended denial of the request. The Planning Staff also recommends denial of the request feeling approval of B-~ zoning would permit encroachment of unknown non-residential uses into a predominantly residential area. Chairman Mathews asked if the petitioner or anyone from the general public would like to speak in favor of or in opposition to the rezoning request. No comments were received from the public. Chairman Mathews closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Chairman Mathews to uphold the decision of the Planning commission and Planning Staff for denial of the B-2 rezoning as petitioned due to encroachment of commercial uses into a residential area. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO PROVIDE FOR WATER-ORIENTED PARKING FOR NON-RESIDENTIAL ESTABLISHMENTS ALONG NAVIGABLE WATERWAYS (A-231, 3/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, stated the Planning Commission felt that permitting boat slips to count toward the minimum off-street parking requirement was appropriate. The Planning Staff agreed; however, Staff felt more conservative limits on the total number of boat slips could be counted with a 5% maximum. The Planning Commission felt that 5% was too restrictive and suggested setting the maximum at 10% plus adding a requirement f,or a minimum number of slips. Two slips were recommended. Setting a maximum limit would prevent any designated use from avoiding its obligation to provide for traditional land-based vehicle parking. If adopted, the amendment would permit water- oriented commercial uses to utilize boat slips to meet minimum off- street parking requirements. In some instances, the change would ~ MINUTES OF REGULAR MEETING, APRIL 6-, 1992 PAGE 88~ allow restaurants to have more seating or floor area for other uses. After discussion, the Planning Commi.ssion recommended adoption of the following Text Amendment as prepared by the Planning staff except for the last sentence of Section 80-6 which is to read as follows: Add: 23-98 Water-Oriented Parkinq - A designated docking space provided by a commercial establishment for the express use of its customers. Water-oriented parking shall only be allowed in conjunction with commercial establishments that are located on navigable waters. Add Under 80-1: ...Such off-set parking may be provided on graded improved open space or in an elevated parking structure or a designated docking space on adjoining navigable waters... Add under 80-6: ...Small parking spaces shall have a minimum width of eight feet and a minimum length of 16 feet. Water-oriented parking shall have a minimum width of ten feet and a minimum length of 16 feet. Space adjacent to a floating dock shall have a minimum length of 16 feet. Each space or area designated for small vehicle or water-oriented parking shall be identified by proper signage. Water-oriented parkinq shall consist of a minimum of two (2) boat slips but shall not account for more than 10% of the parkinq requirement of any desiqnated use. Chairman Mathews asked if the petitioner or anyone from the general public would like to speak in favor of or in opposition to the proposed Text Amendment. No comments were received from the public. Chairman Mathews closed the Public Hearing. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt the Text Amendment as recommended by the Planning commission with the amended sentence to Section 80-6 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969" is hereby incorporated as a part of the minutes and is contained in Exhibit ,Book XIX, Page 33. PUBLIC HEARING TO CONSIDER A PROPOSED TEXT AMENDMENT TO PROVIDE MINOR ENCROACHMENTS BY WOODEN DECKS IN CONSERVATION RESOURCE SETBACK AREAS Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, stated the Planning commission was receptive to providing some encroachment for decks if it could be demonstrated that the adjoining conservation space would not be harmed. After further discussion, it was the consensus of the Planning Commission that uncovered wooden decks would not cause irreparable harm. since similar wooden structures are already permitted in the conservation space , it would seem logical that encroachment into the setback would have very little impact. staff suggested that if decks were allowed to encroach, they should be elevated at least three (3) feet above the ground to promote the retention of vegetation. The Planning Commission chose not to include this requirement and approved the Text Amendment as I ~ () () () (e e e ~ ,~ ~ ,!ltNUTES OF REGULAR MEETING, APRIL 6, 1992 PAGE 8'8'3 recommended by Staff with the exclusion of the elevation requirement. Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed Text Amendment. No comments were received from the public. Chairman Mathews closed the Public Hearing. Motion: After discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to approve the Text Amendment as recommended by the Planning Commission, which does not require decks being elevated three (3) feet above the ground. The floor was opened for discussion. Vice-Chairman Greer and Commissioner Barfield commented on the five foot setback and recommended amending the MOTION to require a 'conservation space setback up to six feet. After further discussion, Commissioner Retchin WITHDREW THE MOTION. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Retchin to accept the Text Amendment as recommended by the Planning Commission amending the conservation space setback up to six (6) feet. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969" is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 33. PUBLIC HEARING TO CONSIDER INSTALLMENT PURCHASE CONTRACT FOR THE JAIL EXPANSION AND ADOPTION OF RESOLUTION AUTHORIZING THE FINANCING AGREEMENT Chairman Mathews opened the Public Hearing. Finance Director, Andrew J. Atkinson, introduced a resolution authorizing New Hanover County to enter into an installment purchase contract with First Union National Bank of North Carolina in the amount of $720,000 for financing of the Jail Expansion. The County is obligated to 'repay amounts financed at a fixed annual interest rate of not more than 7% over a term of approximately seven (7) years, resulting in a total amount financed not to exceed $720,000, for an average annual payment of approximately $128,734 and total payments of approximately $901,137. Chairman Mathews asked if anyone from the general public would like to comment on the proposed agreement. No comments were received from the public. Chairman Mathews closed the Public Hearing. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt the resolution as presented and authorized under N~GS 160A-20. 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 XIX, Page 33. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to convene from Regular Session to hold a meeting of the Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ ( MINUTES OF REGULAR MEETING,. APRIL 6,- 1992 PAGE. 88.4. Chairman Mathews convened from Regular Session at 9:25 P.M. Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews reconvened to Regular Session at 9:35 P.M. ADDITIONAL ITEMS - COUNTY COMMISSIONERS (\ \, .-/' Discussion of Public Permitting Process for Small Packaged Waste Treatment Plants - Health Department Vice-Chairman Greer commented on the decision by the Board of Health not to administer the Public Management Entity Program as required by the N. C. Department of Environment, Health and Natural Resources and expressed concern for the County no longer being able to issue permits for small package wastewater treatment plants. In the past, the County was allowed to permit these plants with monitoring of the plants performed by the State. Under new State regulations, counties will not be allowed to issue permits without assuming the monitoring responsibilities. Due to the cost involved with monitoring, the Health Department cannot assume this responsibility; therefore, no permits will be issued by the Health Department unless a private firm would be interested in the moni tor ing process. The members of the Board of Health are concerned about the loss of this service to property owners who have land that will not perk and are not in the planned phase of the county-wide sewer system. County Manager O'Neal stated, perhaps, some type of an arrangement can be entered into with surrounding counties for the provision of this service. ADJOURNMENT o Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews adjourned the meeting at 9:59 P.M. Respectfully submitted, ~.~:~ Clerk to the Board ()