1993-06-07 Regular Meeting
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 513
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, June 7, 1993, 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 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 welcomed all persons present and called the
meeting to order
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Larry Meyer, Pastor of the Lutheran Church of
Reconciliation, gave the invocation
Vice-Chairman Mathews led the audience in the Pledge of
Allegiance to the Flag
Vice-Chairman Mathews called attention to the new County flag
and expressed appreciation to staff for design of the flag, which
is the first flag in the history of New Hanover County
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
No items or comments were received
APPROVAL OF CONSENT AGENDA
Motion
Sisson
MOTION
Vice-Chairman Mathews MOVED,
to approve the Consent Agenda as
CARRIED UNANIMOUSLY
SECONDED
presented
by commissioner
Upon vote, the
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Budget Work
Sessions held on April 29, 1993, May 11, 1993, and May 24, 1993, as
presented by the Clerk to the Board
Approval of Budget Amendment #93-051 and Budget Amendment #93-052 -
New Hanover County Jail - Sheriff's Department
The Commissioners approved the following Budget Amendments
93-051
Jail Expansion
Debit
Credit
Jail Expansion Fund
Sales Tax Refund
$16,135
Jail Expansion Fund
Contracted Services
Maintenance & Repair
Other Improvements
Administration
Electrical
Capital Outlay
Contingencies
$ 31
$13,855
$17,325
$ 77
$ 150
$ 158
$ 2,319
Transfer out to close fund
$50,050
Purpose
For accounting purposes only - to close fund
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 514
93-052 county commissioners/property Management
Debit
credit
County commissioners
Transfer in (from Fund 365 Jail Expansion)
$11,210
Property Manaqement
Capital Outlay
$11,210
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Purpose A purchase order for a generator was set up in the Jail
Expansion Fund for $11,210 This fund is not closed and the
purchase order was liquidated Excess money in the Jail Fund was
transferred into the General Fund This is to budget the money in
Property Management's budget so the purchase order can be re-
established
Approval of Budget Amendment #93-050 - Water & Sewer Engineering
The Commissioners approyed the following Budget Amendment
93-050 Water & Sewer Engineering
Debit
credit
Water & Sewer Enqineerinq
Appropriated Fund Balance $10,350
Water & Sewer Enqineerinq
Transfer to Capital Project (Fund 860) $10,350
Purpose For accounting purposes only--to close Fund 860
(Wrightsboro Rehabilitation Project)
Approval of Budget Amendment #93-0226 Garage
The Commissioners approved the following Budget Amendment
93-0226 - Garage - Vehicle Management
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Debit
Credit
vehicle Manaqement
Garage Charges
$40,000
Purchases for Inventory
$40,000
Purpose To budget $40,000 in additional revenue/garage charges to
offset the greater than anticipated repairs required on County
vehicles this fiscal year
Authorization for the New Hanover county Airport Authority to
Release certain overflight Easements Requested by Property Owners
The Commissioners authorized the New Hanover County Airport
Authority to release overflight easements on properties in the
vicinities of the Airport as requested by the property owners,
Henry J Feenstra and wife, Audrey Feenstra; 0 B Battle; and
Stephen K Croom The county Manager was authorized to execute the
release documents
A copy of the release is on file in the Legal Department
Approval of Two New PUblic Health Nurse II positions in Home Health
and Approval of Budget Amendment #93-0200 - Health Department
The Commissioners approved two new Public Health Nurse II
positions in Home Health to work on-call, weekend and holiday
hours The following Budget Amendment was approved in the amount
of $7,831 to increase salary and fringe benefits by $7,831
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93-0200
Health Department/Home Health
Debit
Credit
Health Department/Home Health
Home Health Fees - Medicare
Salaries & wages
FICA
Retirement
Medical Insurance
$7,831
$6,420
$ 493
$ 318
$ 600
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 515
Purpose To budget increased Home Health revenues for the salaries
and benefits of two additional nurses in Home Health to work the
on-call, weekend, and holiday hours
Adoption of Resolutions Requesting the Addition of Nettle Circle
and Fern Court of Summerfield Subdivision and cliff Road to the
State Highway system
The Commissioners adopted resolutions requesting the additions
of Nettle Circle and Fern Court of Summerfield Subdivision and
Cliff Road to the State Highway System
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXI, Page 6
Acceptance of 1993-94 Title III Grant and Funding Allocations for
the Department of Aging
The Commissioners accepted the 1993-94 Title III Grant in the
amount of $240,379 and approved the following funding allocations
for the Department of Aging
Transportation
Case Assisted
Senior Center
Home Delivered Meals
Congregate Meals
Total
$ 35,212
31,702
24,185
61,518
87,762
$240,379
Approval of Budget Amendment #93-0230 - Inspections
The Commissioners approved the following Budget Amendment
93-0230 Inspections
Debit
Credit
Inspections Department
Inspection Fees
$11,300
Employee Reimbursement
Postage
Printing
Departmental Supplies
Capital outlay
$6,000
$ 300
$1,000
$2,000
$2,000
Purpose To budget greater than anticipated revenue for expenses
related to the increased number of inspections and the purchase of
a fax machine for the Inspections Department
Approval
Services
The
of Budget Amendment #93-0229
Department of Social
commissioners approved the following Budget Amendment
93-0229
Social Services/Various
Debit
Credit
DSS/Administration
DSS Administrative Funds
$ 31,800
DSS/Child Dav Care
Day Care Service
$ 76,574
DSS/Adult Day Care
Day Care Services
$ 3,200
DSS/Child Day Care
Day Care Services
$76,574
DSS/Child Support Services
Contracted Services
$ 5,000
DSS/Employment Proqrams (JOBS)
Transportation
$30,000
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 516
Purpose To budget additional State/Federal funds for JOBS, Child
Day Care Services, and Child Support Programs
Adoption of Resolution Awarding Bid #93-0335 (Contract #93-0335) to
Textilease corporation for the provision of Uniform Service
The Commissioners adopted a resolution awarding the bid for
uniform service to the lowest responsible bidder, Textilease
Corporation
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A copy of the resolution reflecting the prices quoted is
hereby incorporated as a part of the minutes and is contained in
Exhibit XXI, Page 6
Adoption of Resolution Rejecting Bid #93-0330 Received from
southchem, Inc and Adoption of Resolution Awarding Bid #93-0352 to
southchem, Inc for Caustic Soda Liquid - waste-to-Energy Facility
- Environmental Management Department
The Commissioners adopted a resolution rejecting Bid #93-0330
received from Southchem, Inc because the product did not meet
specifications
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 6
When this item was re-bid a second time (Bid #93-0330) two
bids were received Prillaman could not be considered or accepted
because a bid bond was not submitted with the proposal as required
The bid from southchem, Inc was non-responsive in that the
required project specifications and material safety data sheet were
not submitted with the proposal By this time, the current
contract had expired To save time, the item was re-bid as Bid
#93-0352 with only one bid received from Southchem, Inc After
review, staff recommends acceptance of this bid
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The Commissioners adopted a resolution awarding the bid to
Southchem, Inc for providing caustic soda liquid to the Waste-to-
Energy Facility 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 XXI, Page 6
A copy of the contract is on file in the Legal Department
PRESENTATION OF PLAQUE TO KRIS SHEPARD FOR HIS HEROIC EFFORTS
DURING A HOUSE FIRE IN GREENBRIAR SUBDIVISION
Chairman Greer, on behalf of the Board, presented a plaque to
Kris Shepard for his heroic efforts in awakening occupants living
in a home in the Greenbriar Subdivision Due to these efforts, the
lives of these occupants were saved
Mr Wilbur Davis, Assistant Chief of the
Department, expressed appreciation to Kris
courageous and unselfish act of bravery
Myrtle Grove Fire
Shepard for his
PRESENTATION OF AWARDS TO VOLUNTEER FIRE DEPARTMENTS
SERVICE DURING THE MARCH 13, 1993, STORM
Commissioner William E Sisson, Jr,
representative on the Board of Fire Commissioners,
Lou Mattes and Mr Wilbur Davis to present awards to
Volunteer Fire Departments for their outstanding
support during the March 13, 1993 storm
FOR EXEMPLARY
the Board's
requested Mr
the following
response and
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Castle Hayne Volunteer Fire Department
Federal Point Volunteer Fire Department
Myrtle Grove Volunteer Fire Department
Ogden Volunteer Fire Department
Seagate Volunteer Fire Department
winter Park Volunteer Fire Department
Wrightsboro Volunteer Fire Department
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 517
commissioner sisson reported most of us do not think of the
Volunteer Fire Departments unless we have to call 911 for fire
related services; however, during the storm of March 13, 1993, over
3,000 calls for emergency assistance were received by the 911
Center and many of these calls were referred to the Volunteer Fire
Departments who responded quickly and efficiently They were
instrumental in establishing an initial referral network to provide
safety for downed power lines, keep the roads free of debris;
performance of search and rescue missions; and visits to elderly
persons on life support systems For the record, these Volunteer
Fire Departments are to be commended for this outstanding
contribution to the safety and welfare of the community
Chairman Greer, on behalf of the Board, expressed appreciation
to the Volunteer Fire Departments for the outstanding service they
performed during the storm and for the services they provide 365
days a year
PUBLIC HEARINGS
Chairman Greer announced that Public Notice had been given
that Public Hearings would be held on Monday, June 7, 1993, at 6 30
P M in the Assembly Room of the New Hanover County Courthouse
Persons wishing to comment were requested to limit their remarks to
three minutes and to select a spokesperson if a large group is
present
PUBLIC HEARING TO CONSIDER THE PROPOSED NORTH CAROLINA DEPARTMENT
OF TRANSPORTATION'S SECONDARY ROAD CONSTRUCTION PROGRAM IN NEW
HANOVER COUNTY FOR FY 1993-94
Chairman Greer welcomed Mr Odell Williamson, a member of the
North Carolina Board of Transportation
Mr Odell Williamson expressed appreciation for an opportunity
to appear before the New Hanover County Board of Commissioners with
the Secondary Road Construction Program, which has only 11 miles of
unpaved roads New Hanover County will receive $89,000 for the
proposed FY 1993-94 Program However, New Hanover County ranks
high on the priority list of the Transportation Improvement
Program, therefore, a considerable amount of funding should be
received from the Highway Trust Fund
Mr Jim Cook, District Engineer of the N C Department of
Transportation, Division 3, District 3, reported by General Statute
136-44 5 the N C Department of Transportation is required before
July 1 of each calendar year to perform a study of all state
maintained unpaved roads in order to determine the unpaved mileage
in each county and the total in the state These mileages are
required to determine the secondary construction allocations to
each of the counties The allocations for each county are
determined by dividing the total number of miles in the state times
the statewide allocation as approved by the N C Legislature
Secondary road construction allocations are based upon the
amount of revenue generated by the gasoline tax and the final total
will not be known until June 30, 1993 Should there be a
significant change in the allocation for New Hanover County, the
County will be informed of any adjustments in the Secondary Road
Construction Program for 1993-94
Based upon an unpaved mileage of approximately 11 miles in New
Hanover County, compared to unpaved miles statewide, the secondary
allocation is estimated at $89,648, which is expected to be
approved at the July meeting of the N C Board of Transportation
The North Carolina Board of Transportation has approved a
paving priority rating system having two paving priorities in each
county, one for rural roads and one for residential/subdivision
roads
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 518
The following Secondary Road Construction proposals for New
Hanover County were presented
Estimated July 1, 1993, Secondary Construction
Allocation for New Hanover County
$89,648
Carryover from past fiscal year
Total Allocation
8.000
$97.648
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Funds to be Expended for the following projects
spot Stabilization, Paved Road
Improvements, Safety Improve-
ments and Bridge Replacements
$16,772
State Road 1334, Sondey Road
Right-of-Way not available
Priority 1S
State Road 2002, Woodhaven
Drive - Grade, Drain, Base,
Surface, and Erosion Control
From State Road 2181 to State
Road 2181
priority 2S
Total Cost for Priorities 1S and 2S
$35,000
State Road 1478B, Charter Drive
Grade, Drain, Base, Surface, and
Erosion Control From end of
Pavement to US 74
Priority 3S
$38,000
Volunteer Fire Departments,
Rescue Squads, Road Additions,
and Contingencies
$ 7,876
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Total Expenditures
$97.648
Total Mileage 1 17
Mr Cook requested approval of the proposed program
Chairman Greer opened the Public Hearing and inquired as to
whether anyone present would like to comment
No remarks were received
Chairman Greer closed the Public Hearing
Chairman Greer expressed appreciation to the local
representatives of the N C Department of Transportation for their
work and effort given to the Secondary Road Program
Motion Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the proposed Secondary Road Construction Program
as submitted and presented by the N C Department of
Transportation Upon vote, the MOTION CARRIED UNANIMOUSLY
A copy of the proposal is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXI, Page 7
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APPROVAL OF FISCAL YEAR 1993-94 BUDGET ORDINANCES FOR NEW HANOVER
COUNTY AND THE SPECIAL FIRE DISTRICT
Commissioner Barone requested the Board to consider adopting
the County Manager's recommended FY 1993-94 Budget with an across
the board decrease of 2% in all county budgets with the exception
of the Board of Education, non-county agencies, or the Fire
District This 2% reduction would provide additional revenue in
the amount of $1,738,030, which will cover the approximate $1 8
million shortfall for FY 1993-94 and avoid raising the property
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 519
tax As indicated in previous Budget Work Sessions, she is
opposed to raising the property tax and feels this proposal would
allow the County to operate at its present level of service and
avoid raising the property tax for the upcoming budget year She
apologized for not presenting this proposal earlier but stated
until she received some final figures she was not able to work out
a formula
Motion commissioner Barone MOVED to adopt the County Manager's
final recommended FY 1993-94 Budget with an across the board
decrease of 2% in all County budgets with the exception of the
Board of Education, non-county agencies, or the Fire District The
floor was opened for discussion
Discussion was held on the late hour at which this proposal
was presented Chairman Greer reported the Board and
Administrative Staff began the budget process in early January and
have met numerous times to agree on a budget that will allow the
County to operate at its present level of service The process
began with a proposed tax increase of 5 cents and has been reduced
to a proposed tax increase of 2 5 cents Concern was expressed for
feeling the Board had reached a consensus and, at this time, a new
proposal is being presented
commissioner Barone explained the proposal is not a new
budget It is acceptance of the County Manager's budget with a
painless 2% decrease in departmental budgets The department heads
will be allowed to cut their budgets as so desired This
adjustment will allow the property tax to remain at its present
rate
Chairman Greer, again, expressed concern for not receiving the
proposal earlier and reported, it appeared that Commissioner Barone
had been in agreement with each step of the budgetary process;
therefore, he is surprised
commissioner Barone, again, reiterated the fact that she has
been against a tax increase from the beginning of the budgetary
process, as indicated in the newspaper
Chairman Greer inquired as to why she voted for increases
during the various Work Sessions if she felt the budget should be
reduced by 2%?
commissioner Barone reported when voting on increases in the
proposed budget there were additional revenues to fund those
increases without raising the property tax The purpose of the
proposal is to avoid increasing the property tax rate in a painless
manner It is imperative for the County to hold the line on taxes
when no one knows what is going to happen on the state and federal
level In her opinion, this proposal will provide an excellent
alternative to avoid raising the property tax rate
Vice-Chairman Mathews strongly opposed adopting a proposal
without time to discuss the entire recommendation with staff and
stated he cannot support this action
County Manager O'Neal reported if the Department of Social
Services budget is reduced in expenditures, the revenues will be
reduced Debt service and mandated programs must be paid;
therefore, a 2% reduction cannot apply to these items Large
payments are not scheduled on a monthly basis with accrual of these
payments at the end of the fiscal year Also, as to the figures
presented in the proposal, a 2% reduction in the Governing Body
Office is $6,000 not $600; and a 2% reduction in the school budget
is $400,000 instead of $41,310
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 520
commissioner sisson strongly objected to not being contacted
about this proposal and stated a recommendation being presented at
this late hour is not acceptable It was his opinion that an
agreement had been reached by the Board at the last Budget Work
Session to accept the County Manager's recommended budget, which
includes changes desired by the Board Also, the Board agreed to
begin Budget Work sessions in late August and September to
establish priorities and provide direction to the county Manager
for preparation of the FY 1994-95 Budget As for the proposal on /~
the floor, it can only be considered as a grandstand tactic The
Commissioners should act as a group, not individuals who operate
individually and float political balloons He will not consider
voting on a proposal without having an opportunity to review the
entire impact of this recommendation on County departments
commissioner Caster reported no one is excited about
increasing taxes; however, he cannot support a budget proposal
without hearing recommendations from staff Also, the proposed tax
increase will allow the County to operate at its present level of
service and begin to meet the needs for the next fiscal year
commissioner Barone explained she did not intend to place any
Commissioner in an awkward position with submission of the budget
proposal but felt this recommendation should be considered
Call for Vote
presented by
THEREFORE, THE
Chairman Greer called
Commissioner Barone
MOTION FAILED
for a SECOND ON THE MOTION
NO SECOND WAS RECEIVED;
Chairman Greer called for a motion to adopt the Fiscal Year
1993-94 Budget Ordinance for New Hanover County
Motion Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to adopt the 1993-94 Budget Ordinance for New Hanover ---- ~
County as presented by the County Manager, which will increase the
property tax by 2 5 cents per $100 upon vote, the MOTION CARRIED
AS FOLLOWS
Voting Aye
commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
voting Nay
commissioner Barone
Motion vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to adopt the 1993-94 Budget Ordinance for the New Hanover
County Fire District as presented by the County Manager Upon
vote, the MOTION CARRIED UNANIMOUSLY
copies of the Budget Ordinances are hereby incorporated as a
part of the minutes and are contained in Exhibit Book XXI, Page 8
ADOPTION OF RESOLUTION FOR FISCAL YEAR 1993-94 OUTSIDE AGENCY
FUNDING
Motion Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adopt the resolution for outside agency funding for FY 1993-94
and authorize the county Manager to enter into appropriate
contracts with the agencies listed in the resolution upon vote,
the MOTION CARRIED UNANIMOUSLY
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A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 8
CONSIDERATION OF REQUEST BY THE NEW HANOVER COUNTY FIREMEN'S
ASSOCIATION TO CONVEY COUNTY INTEREST IN BULLTAIL PROPERTY TO THE
CAROLINA EMERGENCY TRAINING ACADEMY, INC (CONTINUED FROM MAY 17,
1993)
county Manager O'Neal reported after discussion with Sheriff
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 521
McQueen, the Sheriff has no problem with New Hanover County
conveying the federally forfeited property located in BUlltail,
North Carolina, to Carolina Emergency Training Academy, Inc if the
following restrictions are imposed
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1) New Hanover County will not be held liable for any acts,
omissions, or other tortious events that have occurred or may
occur on this property
2) The New Hanover County Sheriff's Department will be
granted access to the property for training purposes without
incurring financial indebtedness
3) In the event the property is not converted to a training
facility, it will be returned to its joint owner status, with
New Hanover County being entitled to equitable remuneration if
the property is sold
Vice-Chairman Mathews requested information on the functions
of Carolina Emergency Training Academy, Inc ?
Emergency Management Director, Dan Summers, reported this
organization is an outgrowth from the Pender County Firemen's
Association and the New Hanover County Firemen's Association The
organization is a group of local training leaders who have formed
the academy to provide training by local instructors
Chairman Greer reported, for the record, he is opposed to
giving away County owned property; therefore, he cannot support
this request
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Commissioner Sisson reported the Pender County Board
Commissioners has already approved conveying their portion of
property to Carolina Emergency Training Academy, Inc and, in
opinion, this is a worthwhile donation for the training
volunteer firemen for both counties
of
the
his
of
County Attorney Copley recommended incorporating the
regulations presented by the Sheriff in the deed of conveyance in
order for the property to be returned to New Hanover if the
property is not being used for training purposes
Motion Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to convey the Bulltail property to Carolina Emergency
Training Academy, Inc with the restrictions as requested by
Sheriff Joe McQueen incorporated into the deed Upon vote, the
MOTION CARRIED AS FOLLOWS
Voting Aye
commissioner Barone
Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Voting Nay
Chairman Greer
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APPROVAL FOR RENAMING OF THE WASTE-TO-ENERGY FACILITY TO "WASTEC"
County Manager O'Neal reported the Waste-to-Energy Facility
Commission voted to rename the Waste-to-Energy Facility to "WASTEC"
in an effort to provide a name that will be more recognizable and
yet reflect a high tech process involved with the operation of the
plant Emphasis was placed on the need to better educate the
public on the County's solid waste management efforts and the need
to have a name that will be recognized
Motion Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to approve renaming the Waste-to-Energy Facility to "WASTEC" as
recommended by the WTE Facility commission Upon vote, the MOTION
CARRIED UNANIMOUSLY
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 522
BREAK
Chairman Greer called for a break from 7 25 P M until 7 45
P M and recommended, in the future, that persons desiring to
appear for a Public Hearing should be informed that the time listed
on each agenda item is estimated This process should prepare
interested persons to come ahead of schedule and avoid delays in
the public hearing portion of the meeting
PUBLIC HEARING TO CONSIDER REZONING 49 OF AN ACRE ON THE WEST SIDE ~~
OF GREENVILLE AVENUE, NORTH OF OLEANDER DRIVE, FROM R-15
RESIDENTIAL TO 0-1 OFFICE AND INSTITUTION (Z-476, 5/93)
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to approve the rezoning since Policies for Growth
and Development encourage office and similar uses, as well as
commercial uses, to locate in areas which already contain public
services and transportation In this instance, adequate services
are readily available to serve this property This rezoning offers
a better transition from non-residential to residential uses with
existing landscape and buffer requirements that should preserve the
integrity of nearby residential uses on Greenville Avenue
Chairman Greer opened the Public Hearing and inquired as to
whether anyone from the general public would like to comment
No remarks were received
Chairman Greer closed the Public Hearing
Motion
Caster
Board
Vice-Chairman Mathews MOVED, SECONDED by Commissioner
to approve the 0-1 rezoning as recommended by the Planning
Upon vote, the MOTION CARRIED UNANIMOUSLY
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO 6 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED AUGUST 18, 1971," is hereby incorporated as a
part of the minutes and is contained in Zoning Book II, Section 6,
Page 52
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PUBLIC HEARING TO CONSIDER REZONING 4 40 ACRES OF PROPERTY LOCATED
AT 4915 CAROLINA BEACH ROAD FROM R-15 RESIDENTIAL TO B-2 BUSINESS
Planning Director, Dexter Hayes, reported members of the
Planning Board discussed various zoning options for the site and
were opposed to splitting the property The majority of Planning
Board members felt that not rezoning the property would be
inconsistent with surrounding zoning and nearby non-residential
land uses After discussion, the Planning Board recommended
rezoning the entire site, with the understanding that northward
expansion of the B-2 District will not exceed beyond the northern
property line of the Miller tracts labeled A and B on the site
location map
Chairman Greer opened the Public Hearing and inquired as to
whether anyone from the general public would like to comment
The following remarks were received
Mr Bill Saffo, representing the petitioner, reported the
proposed rezoning would allow for the highest and best use of the
property with nearby non-residential uses The Commissioners were
requested to approve the proposed B-2 rezoning
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Chairman Greer closed the Public Hearing
Motion Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to approve rezoning the entire site to B-2 with the
understanding that northward expansion of the B-2 District would
stop at the north side of the Miller property labeled A and B on
the site location map The floor was opened for discussion
commissioner Sisson inquired as to the activities on Parcel D?
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 523
Planning Director Hayes reported at the present time there is
no activity on this propertYi however, in the past there has been
discussion of high density residential use This is a large tract
of land with access on Carolina Beach Road as well as College Road
and with the County extension of sewer service in this area, the
land has potential for high density residential development
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commissioner sisson commented on adequate buffering to protect
residential neighborhoods due to the proposed rezoning for the
entire tract which extends the depth of the B-2 zoning, and asked
if additional buffering is required?
Planning Director Hayes reported staff was concerned about the
depth of the proposed rezoning If the property is developed
commercially, there will be no buffering requirements because the
property is vacanti however, if the property is not developed until
after adjoining residential property is developed or subdivided,
the Zoning Ordinance does require additional buffering and setback
requirements
Chairman Greer called for a vote on the MOTION to approve
the B-2 Zoning on the Carolina Beach Road north of Silver Lake
Road Upon vote, the MOTION CARRIED UNANIMOUSLY
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO 4 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED APRIL 7, 1971," is hereby incorporated as a part
of the minutes and is contained in Zoning Book I, section 4, Page
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PUBLIC HEARING TO CONSIDER MODIFICATION OF A SPECIAL USE PERMIT
GRANTED TO THE BRIDGE TENDER RESTAURANT FOR CONSTRUCTION OF 130
FEET OF FLOATING DOCKS TO SERVE TRANSIENT BOATERS
Chairman Greer reported an expansion of the Special Use Permit
is required for construction of 130 feet of floating docksi
therefore, this process will require a quasi-judicial hearing Any
persons wishing to comment were requested to step forward to be
sworn in by the Clerk to Board
The following person was sworn in
Attorney Joe Taylor
Planning Director, Dexter Hayes, reported the Planning Board's
discussion focused on water depths and how boats would enter and
exit the facility One member felt that expansion of the marina
would only add to the heavy boat congestion characteristic of the
waterway, which could increase threats to boater safety The
petitioner informed the Planning Board that no boating accidents
have occurred connected to the existing marina operation The
Planning Board voted unanimously to recommend approval of the
modification to the Special Use Permit
The following findings were presented
e
General Requirement #1 The proposed use will not materially
endanger the public health or safety if located where proposed and
developed according to the plans submitted based upon the following
findings
Commercial marinas are permitted by Special Use Permit
conferment in the B-1 Business District The property is
zoned B-1 Business
General Requirement #2 The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings
It is difficult to determine the impact the additional slips
will have on water quality Given the intensity of water-
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 524
oriented development in the vicinity the impact appears to be
nominal There are shellfish beds in the area but are closed
due to the existing marinas The water is classified SB and
is not designated as a primary nursery area
General Requirement #3 The proposed use will not substantially
injure the value of adjoining or abutting property or that the use
is a public necessity based upon the following findings
The applicant already has 34 boat slips in place
~---
General Requirement #4 The location and character of the proposed
use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located and
in general conformity with the plan of development for New Hanover
County based upon the following findings
According to County Inspections, the applicant provides 173
land-based off-street parking spaces A total of 159 parking
spaces are required This includes the 16 spaces granted to
the applicant for a non-residential off-street parking lot
(Special Use Permit) in September 1990 and revised December
1992 These spaces are intermingled, serving the Bridge
Tender Restaurant, Hanover Fishing center, which includes a
charter service, a grill and a gift shop, and the Bridge
Tender Marina A minimum of one off-street parking space per
boat slip is required, except that the new slips may be
designated as water-oriented parking provided they do not
account for more than 10% of the required parking for the
designated uses The parking needs of the new slips can be
absorbed by excess land-based parking spaces
No buffer is required
~,
Night lighting is not shown, but is required
A CAMA permit has been issued for the necessary construction
Chairman Greer opened the Public Hearing and inquired as to
whether anyone from the general public would like to comment
The following remarks were received
Attorney Joe Taylor, representing the petitioners, Mr and
Mrs Johnnie C Baker, presented a sketch of the proj ect and
commented on the need for additional docks to serve transient
boaters The sole purpose for the expansion is to accommodate
customers who wish to dine by boat; therefore, traffic will not
increase on Airlie Road The use is appropriate for the
surrounding area and the CAMA permit has been issued
commissioner Barone inquired as to whether night lighting will
be provided?
Mr Taylor responded that night lighting will be installed
according to the Zoning Code Enforcement Officer
commissioner Sisson commented on direct lighting into the site
and asked if this lighting will be included?
~,
Planning Director Hayes stated lighting is required along the
pier line
Chairman Greer asked if the petitioner concurred with the
staff findings as presented
Attorney Taylor responded that the petitioner agrees with the
findings as presented
Chairman Greer closed the Public Hearing
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 525
Motion Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to approve the modification to the Special Use Permit for
authorization to construct 130 feet of floating docks at the Bridge
Tender Restaurant Upon vote, the MOTION CARRIED UNANIMOUSLY
A copy
incorporated
II, Page 5
of the modified Special Use Permit is hereby
as a part of the minutes and is contained in SUP Book
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO MODIFY THE
REQUIREMENTS REGULATING THE TENURE OF CERTAIN TEMPORARY USES (A-
250, 5/93)
Planning Director, Dexter Hayes, reported the petitioner
submitted an application to modify the requirements regulating the
tenure of certain temporary uses; to allow produce sales on
properties even though the produce is grown elsewhere; and to
permit the use of portable toilets for temporary uses with duration
periods less than six months The Planning Board agreed with a
majority of amendments proposed but felt they should not be
considered until after the applicant has met with the Board of
Health and the Health Department concerning the classification of
the petitioner'S operations as a place of business This
classification means that the use must connect to an approved sewer
system, not a portable toilet as desired by the petitioner The
Planning Board informed the petitioner that only the Board of
Health could regulate portable toilet usage and amendments to the
Zoning Ordinance would not provide the relief sought The Planning
Board decided that increasing the duration of pumpkin sales lots to
45 days from 30 days would not have an appreciable impact on the
public health, safety, and welfare and recommended approval
Chairman Greer reported the Board of Health will be required
to review the portable toilet usage and the Commissioners are being
requested to increase the duration of pumpkin sales from 30 to 45
days
Chairman Greer opened the Public Hearing and inquired as to
whether anyone from the general public would like to comment
No remarks were received
Chairman Greer closed the Public Hearing
Motion Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to approve a Text Amendment to increase the duration of pumpkin
sales lots from 30 to 45 days as recommended by the Planning Board
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 XXI, Page 9
PUBLIC HEARING TO CONSIDER RENAMING NORWOOD DRIVE TO BELLWOOD FARM
ROAD AND AUTHORIZATION TO ASSIGN HOUSE NUMBERS
Planning Director, Dexter Hayes, reported Norwood Drive is a
street name duplication; therefore, this road needs to be renamed
The road is located approximately 1,300 feet north of the Chair
Road/Castle Hayne intersection on the east side of Castle Hayne
Road Seven homes with rural route and box numbers exist along the
road and after performing a survey, the adjoining property owners
selected Bellwood Farm Road as the new name The Commissioners
were requested to approve the name change and assignment of house
numbers as presented The County will provide a new road sign
Chairman Greer opened the Public Hearing and inquired as to
whether anyone from the general public would like to comment
The following remarks were received
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 526
Mr Andrew Watkins, a property
requested changing the name of the road
of Bellwood Farm Road
owner on Norwood Drive,
to Bellwood Avenue instead
commissioner Barone agreed with the proposal and emphasized
the importance of naming roads one name in order to assist with
emergency responses
Vice-Chairman Mathews inquired as to whether Mr watkins was ~,
involved with the survey for the road renaming process?
Mr Watkins reported he was involved, but after reviewing
names, such as Hoot and Holler, he feels Bellwood Avenue would be
more suitable
Planning Director Hayes explained the proposed modification to
Bellwood Avenue could be approved since only three responses were
received from the survey which were as follows (1) Memory Lane;
(2) Bellwood Farm Road; and (3) Hoot and Holler Road
Chairman Greer closed the Public Hearing
Motion Commissioner Barone MOVED, SECONDED by Commissioner Caster
to rename Norwood Drive to Bellwood Avenue and assign new house
numbers as recommended by the Planning Department The floor was
opened for discussion
Chairman Greer hesitated to rename the road without notifying
the other property owners
Mr
respond
however,
Avenue
Paul Grossnickle, a property owner, reported he did
to the survey for naming the road to Bellwood Farm Road;
he has no objection to renaming the road to Bellwood
~,
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 9
CONSIDERATION OF LEGISLATIVE ISSUES
Report on Adoption of Water Craft Bill
County Manager O'Neal reported Senator Codington notified the
County that the water craft bill introduced by Representative
Gottovi has been approved This legislation will enable New
Hanover County to regulate water craft if they so desire
Discussion was held on the impact of this bill upon the
municipalities commissioner Sisson reported the bill was
introduced to preserve waters adjacent to Masonboro Island and will
not impact on municipalities Wrightsville Beach now regulates jet
skis adjacent to Wrightsville Beach
County Manager O'Neal reported once a copy of the bill is
received, this item will be placed on the agenda for discussion and
consideration
Opposition to the Proposed Federal Energy Tax on Local Governments
County Manager O'Neal reported on the proposed energy tax that
does not provide an exemption for local governments The tax will
cost New Hanover County approximately $50,000 per year in
e1ectrici ty and petroleum fuels alone The Commissioners were
presented a draft letter and requested to authorize the Chairman to
execute and forward the letter to the local Congressional
Delegation
~,
Motion commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to authorize the Chairman to execute the letter as proposed
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 527
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and forward to the local Congressional Delegation
opened for discussion
Chairman Greer recommended informing the
Delegation that the proposed energy tax will be
everyone, not just local and state governments
County Manager O'Neal agreed with the negative impact on all
persons, but recommended focusing on the tax exemption for
counties, cities, and states
The floor was
Congressional
a burden to
Vice-Chairman Mathews agreed and recommended expressing
opposition to the tax on cities and counties
commissioner Barone suggested writing two separate letters
Call for Vote After further discussion, Chairman Greer called for
a vote on the MOTION by Commissioner Barone which is to authorize
the Chairman to execute the letter as proposed and forward to the
local Congressional Delegation Upon vote, the MOTION CARRIED
UNANIMOUSLY
Status of Annexation Bill
Commissioner Sisson inquired as to the status of the
Annexation Bill?
County Attorney Copley reported the bill did not meet the
crossover deadline and was not considered
e
Opposition to Legislation Pertinent to Increasing the State Aid to
the Public Libraries Fund
Deputy County Manager, Mary Gornto, reported on a bill to
increase the State Aid to Public Libraries Fund at the funding
level appropriated in 1990 The bill has two components (1) the
annual aid to public libraries; and (2) funding for library
construction projects The County does not have any library
projects at the present time; however, there is a request from the
Library Board to support the proposed bill Approval of this
increase will assist the Library in purchasing books, which was
$20,000 less than spent in 1992
commissioner Barone reported on the need for additional
funding to libraries, but expressed concern for requesting the
State to stop mandating programs and then asking the State to
return to its 1990 level of funding
Commissioner Sisson reported as a parent of two children who
use the Public Library, it is a problem to find research books when
only one or two copies are available Additional funds are needed
to purchase books in New Hanover County and the persons that will
be hurt by not supporting the bill are our children He
recommended support of the proposed legislation
e
Vice-Chairman Mathews reported on $50,000 of State funds
received for construction of the Myrtle Grove Library and the fact
that the proposed bill will increase the funding to $100,000 The
Military Cut-Off branch library site or renovations at the Main
Public Library would be eligible for a grant if the Commissioners
decide to move ahead with these items
Chairman Greer reminded Vice-Chairman Mathews of the incident
with the official from the State Library System and the manner in
which New Hanover County was treated when being the only County to
apply for a grant a few years ago
Consensus After further discussion, it was the consensus of the
Board, other than Commissioner Sisson, to oppose the proposed bill
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 528
COUNTY WATER & SEWER DISTRICT
Motion Commissioner Barone MOVED, SECONDED by Commissioner Caster
to convene from Regular Session to hold a regular meeting of the
Water & Sewer District Upon vote, the MOTION CARRIED UNANIMOUSLY
Chairman Greer convened from Regular Session at 8 30 P M
Motion Commissioner Barone MOVED,
to reconvene to Regular Session
UNANIMOUSLY
SECONDED by Commissioner Caster
Upon vote, the MOTION CARRIED
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Chairman Greer reconvened to Regular Session at 8 46 P M
APPOINTMENT OF COMMISSIONER BARONE AND COMMISSIONER CASTER TO SERVE
ON THE DSS STUDY COMMITTEE
Chairman Greer reported a committee is being formed to study
overcrowding of the Department of Social Services Building and to
prepare alternatives to resolving this matter commissioner Barone
and Commissioner Caster have both expressed a desire to serve on
this committee
Consensus It was the consensus of the Board to
Commissioner Barone and Commissioner Caster to serve on
Study Committee
appoint
the DSS
APPOINTMENT OF VOTING DELEGATE TO THE ANNUAL NACo CONFERENCE
Chairman Greer announced a voting Delegate and Alternate
Delegate must be appointed for the NACo 58th Annual Conference to
be held July 16-20, 1993, in Cook County, Chicago Illinois
Motion Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to appoint Chairman Greer to serve as the voting Delegate for the
NACo 58th Annual Conference and Vice-Chairman Mathews to serve as ~,
the Alternate Delegate Upon vote, the MOTION CARRIED UNANIMOUSLY
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
DISCUSSION OF DRAFT CONTRACT FOR THE VOLUNTEER FIRE DEPARTMENTS
Commissioner Sisson reported a draft contract has been
prepared for the Volunteer Fire Departments and requested Emergency
Management Director, Dan Summers, to comment on the proposed
contract A copy of the contract will be forwarded to each County
Commissioner for discussion of this item at a later date
Emergency Management Director, Dan Summers, reported the
performance requirements of the contract remain the same; however,
the County should continue to improve the cooperation between the
County and Volunteer Fire Department in the following areas
1) Implementation of a financial accounting software program
that will allow the county to receive finance reports from the
Volunteer Fire Departments within 45 days after receipt of the
county's quarterly check The Finance Department will work
with Emergency Management and the Volunteer Fire Departments
to provide timely financial reporting, which in the past has
been many months behind This reporting will be a useful tool
in preparing budgets and will greatly improve the manner in
which financial records are maintained The Volunteer Fire
Departments appear to be eager to become involved in this
program
2) What happens with County funds that are invested in fire
equipment? The Board of Fire commissioners internally
addressed and took action with the North Wilmington Volunteer
Fire Department The following language has been recommended
for incorporation into the contract
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 529
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If the Volunteer
equipment comes
redeployment
3) Developing a Plan for Bulk Purchasing Money can be saved
with bulk purchasing The Emergency Management Department and
Finance Department will lend assistance in capital equipment
purchases through the bidding process
Fire Department ceases to exist,
back to the Fire District
the
for
In summary, the Emergency Management Department will continue
to proceed with the transitional period, which is to bring everyone
up to the learning curve and develop rapport with the men and women
of the fire service The Commissioners were requested to review
the draft contract and implement the new contract effective July 1,
1993 This contract will address financial accountability,
purchasing, and redeployment of equipment
commissioner Caster inquired as to why the contract does not
read that current assets will not revert to the County if a
Volunteer Fire Department ceases to exist?
Director Summers reported on the liability that could be
incurred by the County with the purchase and transfer of fire
equipment; therefore, it would be in the best interest of the
County for redeployment of equipment to another agency under the
contractual relationship
commissioner Sisson reported during the North Wilmington
incident, the equipment did not meet State standards; therefore, if
the equipment had been returned to the County, it would have cost
more to bring the equipment up to State standards than the actual
value of the equipment
e
commissioner Barone inquired as to whether the
Management Department has adequate staff to assist
purchasing?
Emergency
with bulk
Director Summers responded that Emergency Management staff
will be able to accommodate this need and possibly an equipment
committee will be appointed to assist with bulk purchasing
Commissioner Barone commented on receiving a letter from Mike
Rhodes, Chief of the Wrightsboro Volunteer Fire Department, who has
requested time to review the new contract and inquired as to
whether the July 1 deadline can be met?
County Attorney Copley reported some arrangement, such as a
partial funding agreement, can be worked out in order to provide
the Attorney representing Wrightsboro Volunteer Fire Department to
review the new contract There should be no problem in meeting the
July 1 deadline
Discussion was held on the co-mingling of funds Commissioner
Caster inquired as to whether this item is covered in the contract?
e
commissioner
draft contract;
Commissioners may
County funds
Sisson reported this item is not
however, J..n reviewing the
wish to require a full accounting
covered in
contract
of private
the
the
and
Director Summers commented on the complexity of co-mingling
funds and recommended focusing attention on the services being
received for the amount of funds paid by the County After
calculating manpower hours, if the County had to budget for the
provision of fire service, the cost would be approximately $3 5
million annually in manhours Also, fire fighting is risky and the
liabilities incurred are very expensive The Volunteer Fire
Departments have provided an outstanding fire service and with a
new contract, requiring financial reporting standards, and other
methods of improvement, these fire services will continue to
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 530
improve The County receives a tremendous service for the amount
of funds expended
Vice-Chairman Mathews inquired as to whether discussion has
been held on the appointment process?
commissioner sisson reported no discussion has been held with
the Board of Fire Commissioners This issue will impact the By-
laws, not the contract Possibly, the Commissioners should hold a ~~
Work session to resolve the appointment issue
Consensus County Manager O'Neal recommended placing the contract
and appointment items on the agenda for June 21, 1993
DISCUSSION OF REAPPOINTMENT PROCEDURES FOR HOSPITAL BOARD OF
'rRUSTEES
Commissioner Caster reported on the action taken by the Board
of County Commissioners on May 3, 1993, which was to appoint a
Hospital Trustee to serve a three-year term to be followed by
reappointment to a second three-year term unless the County
Commissioners voted unanimously not to reappoint a Trustee to serve
the second term On June 1, 1993, this item was discussed again,
and amended to read that a Hospital Trustee is appointed for a
three-year term and "may" be reappointed to serve a second three-
year term as is the standard procedure for all county appointed
boards
commissioner Caster expressed concern for the proposed change
and recommended allowing reappointment of a Trustee to a second
three-year term unless the County Commissioners vote unanimously
not to reappoint a Trustee
Chairman Greer recommended allowing the term to remain for
five years in lieu of reappointment to a second term
~~
A lengthy discussion was held on the appointment procedure
County Attorney Copley explained the term of service will not
impact the revenue bond issue
Commissioner Caster inquired as to why this issue was brought
to the attention of the Commissioners when Board action was taken
on May 3 and this item is not related to the revenue bond issue?
County Attorney copley reported Vice-Chairman Mathews
requested changing the Hospital Trustee appointment procedure to
comply with appointment procedures used for all other County
appointed boards Other boards have three-year terms and are not
automatically appointed to serve a second three-year term When
the lease had to be reviewed for issuance of the hospital revenue
bonds, Vice-Chairman Mathews requested that the length of terms and
reappointment process also be reviewed When receiving the
document from the Hospital Attorney, it appeared the language
recommended was not the intent of the Board; therefore, this item
was placed on the agenda at the special Meeting of June 1, 1993,
for clarification of the appointment process
Motion After a lengthy discussion, commissioner Caster MOVED,
SECONDED by Commissioner sisson to accept the original
recommendation from the Hospital Attorney to read as follows
~""
Upon completion of the initial three-year term, a Trustee
shall be reappointed to serve a second, consecutive three-year
term, unless there is a unanimous vote by the Board of County
commissioners not to reappoint the Trustee
Upon vote, the MOTION CARRIED UNANIMOUSLY
DISCUSSION OF YARD WASTE ORDINANCE
Chairman Greer presented background information on the Yard
Waste Ordinance adopted at the Regular Meeting of January 19, 1993,
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 531
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which states that loads of unseparated municipal solid waste
exceeding 15% yard waste by volume shall not be disposed of at
either the County Landfill or WASTEC This ordinance was enacted
because of a state mandate in the North Carolina Solid Waste
Management Act of 1989, which prohibited yard waste from landfill
disposal beginning January 1, 1993 Although the State mandate
does not specifically prevent the County from burning yard waste in
the incinerator, the difficulty arises when the County is forced to
by-pass co-mingled municipal solid waste/yard waste from the
incinerator to the Landfill when the incinerator is down for
maintenance and repairs At that time, the County would be in
violation of the State mandate
As a result of this action on June 1, 1993, some haulers have
refused to pick up yard waste which has created a problem for
County residents Direction was requested from the Board as to how
to resolve this problem
commissioner Sisson reported Waste Management is the hauler
who has refused to pick up yard waste This hauler contends that
he was told by the Department of Environmental Management not to
pick up yard waste after June 1, 1993 After discussion with Ray
Church, the Director of Environmental Management, he was extremely
upset about this action by Waste Management since discussion was
held with the haulers about the provisions of the ordinance after
its adoption and, also, after the March 13 storm with a complete
understanding of the regulations governing disposal of yard waste
Director Church strongly objected to this hauler informing
customers that New Hanover County would not accept yard waste at
the incinerator when 15% of a co-mingled load is accepted at the
incinerator
e
Chairman Greer expressed concern for County residents not
having an option but to pay extra dollars for disposal of yard
waste He reported this was of concern to him at the time the
ordinance was adopted
County Manager O'Neal recommended allowing the free enterprise
system to work and allow the ordinance to remain as adopted
commissioner Sisson inquired as to why the County cannot
provide a yard waste service like the City of Wilmington?
County Manager 0' Neal reported if the County moves to a
licensing or franchise situation, the following conditions could be
applied (1) a provision for yard waste pick-up; and (2) trash
must be disposed of at the places indicated in order to keep the
tip fee in New Hanover County Also, in order to proceed with a
licensing or franchising system, the County must comply to State
regulations; therefore, the Yard Waste Ordinance as adopted does
comply to State law
Chairman Greer inquired as to whether a decision has been
rendered on providing New Hanover County an exemption since a
considerable amount of funds has been invested in the incineration
of trash?
e
Assistant County Manager, Dave Weaver, reported the State has
informed the County if an administrative exemption is issued, this
will require legislative action The State Legislation very
clearly states that no yard waste will be permitted in lined
landfills after January 1, 1993
Vice-Chairman Mathews inquired as to whether
received from the State with reference to an
granted to New Hanover County due to funds
incinerator?
a letter has been
exemption being
invested in the
County Manager O'Neal reported staff will be glad to check
into this matter and prepare a report on the exemption process
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 532
which is being investigated by the N C Association of county
Commissioners
commissioner Barone expressed concern for penalizing the
public for only one or two months of the year
Consensus After a lengthy discussion, it was the consensus of the
Board for the Chairman to write a letter to the haulers, attaching
a copy of the Yard Waste Ordinance, and very clearly explaining the ~~
provisions of the ordinance which states that co-mingled loads
containing up to 15% volume of yard waste will be accepted at the
incinerator
REPORT ON LETTER RECEIVED FROM MOORE COUNTY BOARD OF COMMISSIONERS
Chairman Greer reported on receiving a copy of a letter that
was forwarded by the Moore County Board of commissioners to the
President of the united states pertaining to mandated programs and
the need to provide funding for these programs It was generally
agreed that many counties are expressing their concern for
mandates
RESOLUTION PERTAINING TO FRIENDS OF TOBACCO
Chairman Greer reported on a letter received from the Friends
of Tobacco with a request to adopt a resolution in opposition to
the $2 00 per pack proposed tax on cigarettes Governor Hunt has
forwarded a letter to the President requesting that this tax not be
imposed due to the devastating impact on the economy of North
Carolina This group has inquired as to whether New Hanover County
would like to adopt a similar resolution Direction was requested
from the Board
commissioner sisson reported on the need for North Carolina to
diversify its economy and expressed opposition to adoption of a
resolution that encourages people to smoke when a large percentage ~~
of health care problems are created by the use of tobacco He
announced he would agree to adopt the proposed resolution if a
provision was incorporated to abolish the federal agricultural
tobacco subsidy
Consensus After further discussion, it was the consensus of the
Board not to adopt the proposed resolution
BREAK
Chairman Greer called for a break from 9 59 P M until 10 10
P M
EXECUTIVE SESSION
Motion commissioner Barone MOVED, SECONDED by Commissioner Caster
to convene from Regular Session to Executive Session to discuss
property acquisition Upon vote, the MOTION CARRIED UNANIMOUSLY
Chairman Greer convened to Executive Session at 10 11 P M
Motion commissioner Barone MOVED,
~o reconvene to Regular Session
UNANIMOUSLY
SECONDED by Commissioner Caster
Upon vote, the MOTION CARRIED
Chairman Greer convened to Regular Session at 10 45 P M
~~
Chairman Greer announced the Board decided to purchase
property in Executive Session and requested a motion
Motion Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to authorize staff to proceed with the purchase of a piece of
property located on Front Street for use by Cape Fear Community
College in the amount of $440,000 (County funding of $365,000; cape
Fear Community College funding of $75,000) contingent upon
performance and acceptance of all environmental studies Upon
vote, the MOTION CARRIED UNANIMOUSLY
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MINUTES OF REGULAR MEETING, JUNE 7, 1993
PAGE 533
Announcement of Hurricane Workshop on June 15, 1993
County Manager O'Neal announced a Hurricane Workshop is
scheduled for department heads and various organizations on June
15, 1993, at the Ft Fisher Training Room from 9 00 A M until 2 00
P M
ADJOURNMENT
Motion Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to adjourn Upon vote, the MOTION CARRIED UNANIMOUSLY
Chairman Greer adjourned the meeting at 10 47 P M
Respectfully submitted,
~d~
Lucie F Harrell
Clerk to the Board
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