1993-07-06 Regular Meeting
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 555
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Tuesday, July 6, 1993, at 6:30 P.M. in the Assembly Room
of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
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Members present were: Commissioners Sandra Barone; William A.
Caster; William E. Sisson, Jr.; Chairman Robert G. Greer; County
Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk
to the Board, Lucie F. Harrell.
Chairman Greer called the meeting to order and welcomed
everyone present. He reported Vice-Chairman E. L. Mathews, Jr.
will not be attending the meeting since he is not feeling well.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Frank Perry, Pastor of st. Paul's Evangelical Church,
gave the invocation.
commissioner Barone led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone present 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
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Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to approve the Consent Agenda as presented. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
CONSENT AGENDA
Adoption of Resolution for the Sale of Surplus Property Jointly
Owned by the City of Wilmington and New Hanover County
The Commissioners adopted a resolution accepting an offer from
James and Berneice Williamson for Tax Parcel #054-06-013-015.000,
1314 Orange Street, in the amount of $1,350 with a tax value of
$2,092.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 11.
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Approval of Amendment to New Hanover County Travel POlicy, section
III, Page 5
The Commissioners approved an amendment to the County Travel
Policy to change Section III, Page 5, Approval of Travel
Reimbursement Reports to read that no other approval is required
for travel reports submitted by the County Manager and County
Attorney. Both officials must submit a quarterly recap of travel
to the County Commissioners. The current policy requires the
County Attorney to submit travel reports to the County Manager for
approval before reimbursement.
Adoption of Resolution for Reappraisal of All Real Property in New
Hanover County as of January 1, 1997
The Commissioners adopted a resolution for reappraisal of all
real property in New Hanover County as of January 1, 1997. The
Chairman was authorized to execute the resolution with a copy of
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 556
the resolution being forwarded to the N. C. Department of Revenue.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 11.
Approval of Lease Agreements Between New Hanover County and the
Board of Education for Maintenance and Use of certain Athletic
Fields and Facilities
The Commissioners approved four lease agreements with the
Board of Education for joint use of various athletic fields and
facilities when not in use by school students. The County Manager
was authorized to execute joint use and maintenance agreements for
Bradley Creek soccer fields; Roland-Grise athletic fields; Hoggard
tennis courts; and Trask soccer fields. Funds are included in the
FY 1993-94 Parks budget for the County's share of maintenance
costs.
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Copies of the contracts are on file in the Legal Department.
Resolution Authorizing Access to Second Safe Deposit Box for Cape
Fear Museum
The Commissioners adopted a resolution authorizing access to
Cape Fear Museum's second safe deposit box to the Museum Director,
Janet K. Seapker; Curator, Barbara Rowe; and Registrar, Christine
Freer-Parsons.
Approval of Amendment to Contract #92-0431 Between New Hanover
County and Parker Landscaping and Approval of Budget Amendment #94-
0005
The Commissioners approved an amendment to the contract
between New Hanover County and Parker Landscaping in the amount of
$1,640 to provide grounds maintenance at the Myrtle Grove Branch
Library and Flemington Cemetery. The County Manager was authorized
to execute the contract documents, and the following budget
amendment was approved:
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94-0005 Non-Departmental - Parks Department
Debit
Credit
Non-Departmental
contingencies
$1,640
Parks Department
Contracted Services
$1,640
Purpose: To increase Parks' contracted services account for
additional parcels that will need to be maintained.
Approval of State Airport Grant Agreement for New Hanover
International Airport Project No. 9.9425935
The Commissioners approved a grant agreement from the North
Carolina Department of Transportation state Airport Air Funds for
the Terminal Ramp Phase II project. Funds have been approved by
the State in the amount of $188,789. The required matching funds
are available in the Airport's budget.
A copy of the grant agreement is on file in the Legal
Department.
Approval of Budget #94-0001 - outside Agencies - Human Services
The commissioners approved the following Budget Amendment:
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94-0001 Non-Departmental/outside Agencies/Human Services
Debit
Credit
Non-Departmental
Contingencies
$8,000
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 557
Budget Amendment (continued)
Debit
Credit
outside Aqencies/Human Services
Child Advocacy Commission
Cape Fear Literacy Council
$2,000
$6,000
Purpose: To amend funding for the above outside agencies to the
90% level of funding.
Approval of Budget Amendment #94-0002 - Health Department/Home
Health
The Commissioners approved the following Budget Amendment:
Debit
Credit
Health Department/Home Health
Home Health Fees - Medicare
$75,133
Salaries & Wages
FICA
Retirement
Medical Insurance
$62,483
$ 4,780
$ 3,112
$ 4,758
Purpose: To budget revenue and expenditures for two Home Health
positions added by the Commissioners after the FY 1993-94 Budget
was adopted on June 7, 1993.
Approval of Budget Amendment #94-0003 - Non-Departmental -Outside
Agencies - Human Services
The Commissioners approved the following Budget Amendment:
94-0003 Non-Departmental/Outside Agencies/Human Services
Debit
Credit
Non-Departmental
Contingencies
$5,000
Outside Aqencies/Human Services
Contribution
$2,000
NHC Veterans' Council
$7,000
Purpose: To budget an additional $7,000 for the New Hanover County
Veterans' Council. Funds in the amount of $5,000 will come from
contingencies and $2,000 is a State contribution to the County for
providing a Veterans' Office. The County will contract with the
New Hanover County Veterans' Council for FY 1993-94 funding as
approved by the County Commissioners on June 21, 1993.
Approval of Budget Amendment #94-0004 - Department of Aging
The Commissioners approved the following Budget Amendment:
#94-0004 - Department of Aging/Senior center
Debit
Credit
Aqing/Senior Center
Title III Health Grant
$7,600
Title III Health Grant
$7,600
Purpose: To establish the budget for a grant awarded from the
Council of Governments for Title III - Disease Prevention & Health
Promotion Services. The grant application was approved by the
County Commissioners on April 19, 1993.
Designation of the New Hanover County Department of Aging as the
Focal Point on Aging
The Commissioners designated the Department of Aging as the
Focal Point on Aging as required by the Area Agency on Aging
through the Council of Governments.
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Adoption of Resolution for Submittal of the 1993-94 Land Records
Management Grant Application
The Commissioners adopted a resolution authorizing New Hanover
County to submit an application for the 1993-94 Land Records
Management Grant in the amount of $50,000 for matching funds to
assist in the MAPS Program to automate and update the County's land
records system. The matching funds are budgeted for FY 1993-94.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 11.
Denial of Request for Waiver of Tip Fee - wrightsboro United
Methodist Church
The Commissioners denied the request by the Wrightsboro united
Methodist Church for waiver of the tip fee. Although waiving the
fee would assist the community church, it is felt approval of this
request would set a precedent and open the door for non-profit
institutions to request waivers at a time when the County has begun
to become more stringent on waiver requests.
Ratification of Merit Increases to the County Manager, County
Attorney, and Clerk to the Board
The Commissioners conducted performance appraisals on June 21,
1993, for the County Manager, County Attorney, and Clerk to the
Board. The Board approved the following merit increases:
County Manager
County Attorney
Clerk to the Board
5%
4%
5%
RECOGNITION OF DEPUTY COUNTY MANAGER MARY GORNTO
Chairman Greer, on behalf of the Board, commented on the
dedicated service given by Deputy County Manager, Mary Gornto,
since September 1984 and presented a Claude Howell sketch in
recognition of her years of service. The members of the Board
wished her well in her new position as the wilmington city Manager
and stated she will be sorely missed.
Deputy County Manager Gornto commented on the difficulty in
deciding to leave New Hanover County government and expressed
appreciation to the Board and staff for their cooperation during
her years of service. Assurance was given on a cooperative working
relationship between the City of Wilmington and New Hanover County.
POSTPONEMENT OF PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL
USE PERMIT TO ESTABLISH A FAMILY CEMETERY ON THE WEST SIDE OF
CAROLINA BEACH ROAD (S-350, 6/93)
Chairman Greer reported the petitioner has requested this item
be postponed due to being unable to attend the meeting.
Consensus: It was the consensus of the Board to postpone Item #11
as requested.
UPDATE FROM DSS FACILITY STUDY COMMITTEE
Deputy County Manager, Mary Gornto, reported the DSS Facility
Study Committee has identified the following options and would like
an extension of 90-days from the N. C. Department of Human
Resources to submit a corrective action plan for the space
deficiencies cited. This extension will allow the Committee to
thoroughly review and study each of the following options:
Appeal the determination
Flex scheduling
Contracting out programs
outposting
Modular Units on-site
Building Addition
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to authorize the Chairman to write a letter to Sarah Delancey,
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 559
Regional Director, Division of Social Services, requesting a 90-day
extension for submission of a corrective action plan for space
deficiencies cited in the DSS Building. Upon vote, the MOTION
CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
DISCUSSION OF CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION
ACT OF 1992
County Attorney Copley reported Congress enacted the Cable
Television Protection and Competition Act of 1992 because of the
following reasons: (1) the cable industry deregulation monthly
rates for the lowest price cable service has increased by
approximately 40% for more than 28% of cable television
subscribers; (2 ) little competition exist; and (3) franchising
authorities are finding it difficult to deny renewals to cable
systems that are not adequately serving subscribers.
The law allows the County, by ordinance or in the contract
between the County and cable operator, to regulate cable rates and
establish different customer service standards than those being
administered by the FCC. Rate regulation allows the County to
determine monthly rates for cable service. The County can only
regulate the basic service tier. The FCC will regulate all other
tiers. Pay-per-view (HBO, Cinemax, etc.) is not covered by the Act
and these rates are not regulated.
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The basic tier includes all of the broadcast signals that the
cable system distributes plus public, educational, and governmental
access channels. In order to regulate the basic tier, the County
must be certified by the FCC. To become certified, the County must
show it has the necessary legal authority, adequate personnel, and
regulations required by the FCC. If the County cannot become
certified, the FCC will regulate the basic tier.
If the County decides not to become involved in regulating the
basic tier rate, it will not be regulated and the FCC will not
respond to the consumer complaints except for those involving those
tiers above the basic tier. The Board of County Commissioners must
decide whether to regulate the basic tier rate and if it desires to
adopt consumer protection standards. The following pro and con
information was presented:
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PRO: Rate regulation and consumer protection standards allow the
Board of County Commissioners to regulate cable rates down and
require better service. The County receives several complaints a
month about Falcon Cable and a few about Vision Cable. The City is
currently negotiating a new franchise with Vision Cable and plans
to regulate rates. Both the City and County franchises terminate
in March, 2002. However, the County still would be able to enforce
provisions of the Cable Act. If the City regulates rates and
enforces standards, and the County does not, the Commissioners will
receive many complaints from County residents when the rate freeze
expires on November 15, 1993.
CON: Enforcing this Act will take a great deal of staff time,
especially for the Legal Department and accounting staff as well as
require more involvement on the part of the Board of County
Commissioners. The Board will become a "mini-utility commission"
to review and set rates unless the Commissioners decide to appoint
a citizens committee to assume the responsibility of making a
recommendation to the Board. The cable companies may challenge the
Board's rate determination because it will affect their revenues.
The public will of course be arguing for lower rates.
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In summary, a decision must be made as soon as possible as to
whether the County will implement cable rate regulations and FCC
standards for customer service in order to comply with various
deadlines before lifting of the rate freeze on November 15, 1993.
Direction was requested from the Board in order to begin the
process of notifying the cable operators of the County's intent and
to adopt consumer service standards, beginning with the
certification process.
Discussion was held on the importance of uniformity in cable
rates for the City and County residents. Chairman Greer
recommended working with the cable companies to develop a plan that
will be the same for the County and municipalities.
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Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster
to direct staff to initiate the FCC certification process and adopt
the consumer service standards to comply with the Cable Television
Consumer Protection and Competition Act of 1992. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
DISCUSSION OF SOLID WASTE MANAGEMENT PLAN
Recycling Manager, Tim Cole, presented a Solid Waste
Management Plan for New Hanover County. The purpose of the plan is
to evaluate the current status of solid waste management in New
Hanover County; offer new directions for implementation of a
comprehensive solid waste management approach; and to illustrate
how we may best meet State requirements such as the 25% reduction
goal.
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The plan is divided into the following two parts:
Part I attempts to make an evaluation of fundamental elements
of solid waste management in New Hanover County. Focus is
placed on the following items: (1) County demographics; (2)
solid waste collections; (3) source reduction, reuse, and
recycling efforts; (4) solid waste disposal facilities; (5)
special wastes handling; (6) solid waste disposal and waste
composition; (7) solid waste education and information; (8)
solid waste planning; (9) legislative authority and local
policies; and (10) solid waste funding and staffing.
Part II provides an outline for a solid waste management
approach for New Hanover County. Emphasis is placed on how
the County can "best" reach the State's recycling and waste
reduction goals. This accomplishment will be reached through
the government planning process; utilization of available
waste characterization data; collection and disposal
improvements; waste reduction al ternati ves; special waste
management improvements; improving public education and
participation; financing and implementation issues; and
explanation of how the County will reach the State's waste
reduction goals.
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with a second waste reduction goal of 40% targeted for the
year 2000, the state has presented local governments with a
challenging waste reduction mandate for the 1990' s. The plan
provides for establishment of an on-going solid Waste Advisory
Committee to pursue the following objectives:
-To adhere to the State of North Carolina's solid waste
management hierarchy.
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MINUTES OF REGULAR MEETING, JULY 6, 1993
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-To recommend the most cost effective ways to achieve the
state solid waste reduction goals of 25% by 1993 and 40% by
2000.
-To recommend methods to provide convenient and affordable
recycling to all residents of the County.
-To recommend methods to further expand source reduction,
reuse, and recycling efforts to include commercial/industrial
wastes.
-To demonstrate how best to conserve the County's Landfill and
Waste-to-Energy Facility.
-To promote and recommend how best to expand solid waste
management educational and informational activities.
staff recommends adoption of the Solid Waste Management Plan
as prepared with distribution to the municipalities for their
consideration and comments. A final plan, which includes the
municipalities' comments, should be submitted to the N. C. Solid
Waste Section for approval.
Discussion was held on composting. Commissioners Barone
agreed with the concept of composting but expressed concern for the
number of elderly citizens who are not physically able to compost
and inquired as to whether this matter has been addressed?
Director Church reported only a certain percentage of the
population will compost; therefore, composting has only a limited
place in the Solid Waste Management Plan. However, this concept
will be promoted as a method of source reduction.
Chairman Greer expressed concern for establishing too many
rules and regulations for the entire County. with enactment of
Senate Bill 111 the counties were required to achieve a 25%
reduction in the waste stream by 1993; prohibited from placing yard
waste in lined landfills, and required to adopt a Solid Waste
Management Plan with final approval by the State. These additional
regulations will eventually create a mandatory trash collection
system in the County, and the question to be answered is whether
the County needs more rules and regulations as proposed in the
plan, which sets the course of action for the County.
Director Church reported staff has prepared a plan that will
comply to State requirements and should receive approval. The
County has the Waste-to-Energy Facility with the unanswered
question as to whether the State will allow a 10% credit toward the
reduction of the waste stream for construction of this facility.
Regardless of whether the 10% credit is obtained, the County must
prove it has demonstrated a good faith effort in meeting the
requirements of Senate Bill 111. The proposed plan shows these
efforts have been made. The plan does not require a mandatory
trash collection system. Franchising is mentioned in the plan
because this is an excellent mechanism for providing customers with
the necessary collection procedures such as yard waste collection,
curbside recycling, bulky item collection, and garbage collection
at a fair price. The focus of the State is on source reduction,
recycling, and composting with all other materials being placed in
the lined landfill. The County acted very aggressively in 1981 and
1984 in moving forward with construction of the incinerator to
address the solid waste disposal problem. This facility has
produced an 85% volume reduction but the State does not recognize
this factor. The State is concerned about reduction of the total
waste stream and measures being taken to reduce the amount of waste
coming to the facility.
County Manager O'Neal agreed with all the statements presented
and assured the Board that staff feels New Hanover County should be
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MINUTES OF REGULAR MEETING, JULY 6, 1993
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recognized by the state for the funds invested in construction of
the incinerator; however, this has not happened.
Recycling Manager, Tim Cole, reported on the enactment of SB
59, within the last week, which will require the County to remove
steel cans, aluminum beverage cans, anti-freeze, and white goods
from the waste stream before the solid waste is burned. This
legislation will require modifying the proposed plan.
A lengthy discussion was held on the need to adopt a Solid
Waste Management Plan approved by the State in order for the County
to adopt a flow control ordinance that will prohibit haulers from
disposing of garbage outside of New Hanover County. without such
an ordinance, haulers will eventually use regional landfills being
built in nearby counties at much lower tip fees.
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commissioner Sisson reported eventually citizens are going to
have to pay for disposal of garbage, either through incorrect
handling which will create pollution problems that will be costly
to correct, or through a sound solid waste management disposal
program. Staff has prepared a good seven-point plan of action that
will comply to State requirements; therefore, he feels the plan
should be adopted. Also, if the County's waste stream is reduced
by 25%, perhaps, this additional capacity can be used to accept
burnable waste from surrounding counties.
Assistant County Manager, Dave Weaver, stressed the importance
of adopting a Solid Waste Management Plan in order for the County
to have authority to adopt a flow control ordinance. The proposed
plan meets the requirements of the State for overall solid waste
planning. without the plan and flow control ordinance, revenues
could decrease and the County will be faced with paying off a $41
million debt.
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Motion: Commissioner Sisson MOVED to adopt the Solid Waste
Management Plan as presented with distribution to the
municipalities for their consideration and comments. THE MOTION
FAILED FOR A LACK OF A SECOND.
Director Church requested the members of the Board to contact
him about any concerns in the proposed plan in order to see if a
proposal can be prepared that will be acceptable to the Board.
Chairman Greer expressed concern for construction of a multi-
million dollar incinerator and lined landfills with adoption of a
Solid Waste Management Plan that will create additional costs to
everyone in the County. New Hanover County is light years ahead of
other counties. The County's job should be to operate the Waste-
to-Energy Facility as efficiently and cost-effective as possible.
The new processing center should separate batteries, plastics,
anti-freeze, and metals from the waste stream with the State being
informed of the positive actions being taken by the County. It is
wrong to dictate to the citizens what will eventually become a
mandated trash collection system in New Hanover County.
Director Church reported the proposed plan descr ibes the
positive actions being taken by New Hanover County and mentions
franchising as a mechanism that will reduce the cost to customer.
The plan does not refer to establishment of a mandatory trash
collection system.
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Chairman Greer suggested investigating a method of franchising
based upon a company serving 3,500 customers in an area with one
day a week scheduled for solid waste pickup; one day a week
scheduled for yard waste pickup; and one day a week scheduled for
recyclables. with the hauler serving one area the cost will be
reduced to the hauler, collection of yard waste will eliminate the
tip fee; and recyclables could be received free of charge. This
type of franchising would benefit both the hauler and customer.
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MINUTES OF REGULAR MEETING, JULY 6, 1993
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commissioner sisson reported this method of franchising is
included in the proposed plan.
Chairman Greer reported this may be included in the plan, but
the plan specifically states this will be required for every
customer in the County, which in his opinion, is a mandatory trash
collection system.
Director Church requested Chairman Greer to refer to Page 58
of the plan which reads as follows: "Consequently, the institution
of mandatory collections is not recommended at this time."
Regardless of how franchising is handled, some customers will be
upset. If the County implements franchising with assignment of
certain areas, some citizens will be upset about having to use
another hauler. If the franchise is not bid, the County will be
accused of not obtaining the lowest price to the customer since
bids were not required.
Recycling Manager, Tim Cole, reported the plan proposes to use
a voluntary system in which zones will be established for each
hauler receiving franchises. The hauler with a given zone will
have contiguous routing within that zone, which will lower the cost
of labor, fuel, and maintenance to the hauler and at the same time
provide a higher level of service. Currently, residents living in
the unincorporated area of the County are receiving one trash
pickup a week for $18 per month with no other form of collections.
commissioner sisson commented on the concern expressed for
mandatory collections, which has been addressed in the plan, and
inquired as to other items of concern?
Chairman Greer asked what will be done with yard waste in the
proposed plan?
Recycling Manager, Tim Cole, responded that the proposed
franchise would require a separate collection for yard waste.
Currently, yard waste is accepted at the incinerator if the volume
does not exceed 15%.
Chairman Greer stated, in his opinion, yard waste should be
burned in the incinerator and expressed concern for the haulers
refusing to pickup yard waste.
Director Church reported on the following dilemma: (1) The
County has a Landfill that is banned from receiving yard waste; (2)
The County has a Waste-to-Energy Facility that is allowed to burn
yard waste; and (3) The County has a Landfill that is allowed to
take garbage; however, when 500 tons are received in one day during
the peak season, does the County burn the yard waste and landfill
the remaining garbage. Is this what the citizens of the County
desired when they passed a bond referendum for construction of an
incinerator? Also, if the County has separate collections, this is
a cheaper disposal mechanism.
Commissioner Sisson emphasized the fact that State law has
been adopted; therefore, the County will have to comply to this
law. To defy the State, in his opinion, will not be beneficial to
New Hanover County. The plan establishes guidelines for a better
way to dispose of garbage and at the same time be more cost
effective to our citizens.
Assistant County Manager, Dave Weaver, emphasized the
importance of adopting a Solid Waste Management Plan as required by
the State in order to implement a flow control ordinance. If
haulers are allowed to dispose of solid waste outside of New
Hanover County, the County could be faced with a reduction in the
waste flow of 50% which would increase the tip fee to $140 per ton
in order to payoff the debt service and operate WASTEC. within
twelve months, regional landfills will be opened and operated by
private companies who will negotiate through put or pay contracts.
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This type of contract requires that a certain amount of trash be
landfilled monthly with a fixed rate on a long-term basis. If the
amount of trash is below the negotiated volume, the same monthly
rate is charged. Also, if another landfill opens at a cheaper
rate, the customer will still be obligated to fulfill the terms of
the put or pay contract.
Director Church requested each Commissioner to feel free to
call and discuss items of concern in order to prepare a plan that
will be acceptable.
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County Manager O'Neal recommended holding a Work Session to
thoroughly discuss the need for a Solid Waste Management Plan.
Chairman Greer
haulers to discuss
acceptable and if
collections.
agreed and directed staff to meet with the
whether franchising in a certain zone is
so, what would the monthly rate be for
Director Church reported these items were discussed after the
March 13 storm. In his opinion, the haulers are agreeable to
having a specific area zoned because of economics. Concern was
expressed about the collection of bills and bad debts. This is an
issue that needs further study.
Chairman Greer inquired as to why the collection of bills is
a concern, since it does not appear to be a problem with the
haulers at the present time?
Director Ray reported the collection of bills and bad debt is
a problem with the haulers.
County Manager O'Neal reported the information requested was
thoroughly investigated three years ago, therefore, much of the
data is in place. Staff will be glad to schedule a meeting with
the haulers and discuss the items of concern. A Work Session will
be scheduled at a later date.
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APPROVAL OF CONTRACT #93-0375 WITH MCKIM & CREED FOR ENGINEERING
SERVICES FOR SITE DRAINAGE AND ASH HANDLING AREA - WASTEC
Director of Environmental Management, Ray Church, reported the
engineering firm of McKim & Creed has been requested to provide a
Scope of Services for drainage and structural engineering at the
Waste-to-Energy Facility. The firm was chosen due to prior site
work and familiarity with the facility during the expansion and
more recently with the installation of site drainage for erosion
control. The site work will expand previously constructed drainage
features to include containment around the #3 air pollution control
equipment and asphalt and stormwater drainage to control run-off.
The structural work includes modifications to the ash handling area
to accommodate the use of roll-off boxes which will be used for ash
management. The modifications also include the design for movement
and support of structural steel associated with the ash conveyors
and the design of a concrete bunker and drainage for ash storage.
These improvements will significantly improve the aesthetics and
cleanliness in the ash loading area. The fee for the engineering
services including design and receiving bids is $7,500. Money for
this project is available in the expansion budget.
Motion: Commissioner Sisson MOVED, SECONDED by commissioner Caster
to award the contract to McKim & Creed for engineering design for
drainage and ash handling area improvements at the Waste-to-Energy
Facility in the amount of $7,500. The Chairman was authorized to
execute the contract documents. Upon vote, the MOTION CARRIED AS
FOLLOWS:
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Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
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PAGE 565
Absent:
Vice-Chairman Mathews
A copy of the contract is on file in the Legal Department.
AWARD OF BIDS #93-0363 FOR PREPARATION OF LANDFILL CELL #4 AND CELL
#3A CLOSURE
Director Church reported the second bid opening was held this
morning with only two bids received. After opening the bids, staff
recommends award of the bid to Geo-Con, Inc. for preparation of
Landfill Cell #4 and the Cell #3A closure in the amount of
$846,325. The bid is $1,200 lower than the first bid submitted by
Geo-Con, Inc.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt the resolution awarding bid #93-0353 to Geo-Con, Inc. in
the amount of $846,325 as recommended by staff. The Chairman was
authorized to execute the contract documents. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 11.
A copy of the contract is on file in the Legal Department.
BREAK
Chairman Greer called a break from 7:50 P.M. until 8:11 P.M.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO LOCATE
A MOBILE HOME AT 3903 LYNN AVENUE IN CASTLE HAYNE, ZONED RA RURAL
AGRICULTURE (S-351, 7/93)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
anyone present wishing to present testimony must be sworn in by the
Clerk to the Board.
The following person was sworn in:
James H. Bordeaux
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend approval of the Special Use Permit
for location of the mobile home on Lynn Avenue.
The following staff findings were presented:
General Requirement #1: The proposed use will not materially
endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved based
upon the following findings:
-The site will be served by an individual well and septic
tank.
-The property is located in the Castle Hayne Volunteer Fire
Department district.
-The property has direct access to Mulberry Street.
General Requirement #2: The proposed use meets all required
conditions and specification of the Zoning Ordinance based upon the
following findings:
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 566
-The property is zoned RA.
Special Use Permit.
Mobile homes are permitted by
-The minimum lot size is 30,000 square feet.
has this amount of land.
The applicant
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 finding:
-The site has been occupied by a mobile home in the past.
()
General Requirement #4: The proposed use 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 finding:
-There are other mobile homes in the general area, although
the predominant use of land is for agricultural purposes.
Chairman Greer inquired as to whether anyone from the general
public would like to speak in favor of granting the Special Use
Permit.
Mr. James H. Bordeaux, the petitioner, presented letters from
adjoining property owners who have no objection to placement of the
mobile home on this lot. The mobile home is to be used by his
nephew.
Chairman Greer asked Mr. Bordeaux if he concurred with the
findings of fact as presented by the Planning Director.
Mr. Bordeaux agreed with the findings as presented.
()
Chairman Greer inquired as to whether anyone from the general
public would like to speak in opposition to the Special Use Permit.
No comments were received.
Chairman Greer closed the Public Hearing.
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster
to grant the Special Use Permit for location of a mobile home at
3903 Lynn Avenue off of Mulberry Street in Castle Hayne based upon
the evidence presented and findings of fact meeting the four
general requirements. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 5.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO LOCATE
A DOUBLE-WIDE MOBILE HOME AT 6125 COON HUNTERS TRAIL NORTH OF HOLLY
SHELTER ROAD IN CASTLE HAYNE, N. C. (S-352, 7/93)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing;-therefore,
anyone wishing to present testimony must be sworn in by the Clerk
to the Board.
()
The following person was sworn in:
Emerson B. White
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 567
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend issuance of the Special Use Permit.
The following findings were presented:
General Requirement #1: The proposed use will not materially
endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved based
upon the following findings:
-The applicant was granted a Special Use Permit on July 7,
1987, to locate a mobile home on the same tract of land.
-The property is located within the Castle Hayne Volunteer
Fire Department District.
-The' property has access to Coon Hunters Trail.
General Requirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance.
-The applicant has 6.55 acres.
-All setbacks can be easily met.
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.
-A mobile home is currently located on the property.
-The predominant use of the land in the area is for industrial
purposes.
General Requirement #4: The proposed use 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.
-A mobile home is currently located on the property.
Chairman Greer inquired as to whether anyone from the general
public would like to speak in favor of granting the Special Use
Permit. The following remarks were received:
Mr. Emerson B. White, the petitioner, reported the mobile home
will be used by his daughter and her husband for the purpose of
living near him because of his serious health problems.
Chairman Greer asked if Mr. White concurred with the findings
of fact presented by the Planning Director?
Mr. White agreed with the findings as presented.
Chairman Greer inquired as to whether anyone from the general
public would like to speak in opposition to issuance of the Special
Use Permit.
No remarks were received.
Commissioner Barone commented on the site being in the middle
of an 1-2 District and inquired as to whether Mr. White is aware of
the many uses that could locate on surrounding properties, and if
he would be happy with the residential use if industry, such as a
slaughter plant, should locate near the mobile home?
Mr. White reported he is aware of the uses that could be
placed on surrounding properties in the future and stated if an
unpleasant situation should occur, he will address the problem at
that time.
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MINUTES OF REGULAR MEETING, JULY .6, 1993
PAGE 5.68
commissioner Barone commented on the depth of the water table
being 0 to 12 inches and reported in order to install a drain field
that will allow for a water flow, a depth of 18-24 inches is
required. Concern was expressed for obtaining a permit for
installation of a septic tank system.
Mr. White reported the land did perk in 1987; therefore, there
should be no problem with this request. Also, water tables vary
from lot to lot and that once the special Use Permit is granted, an
application for a septic tank permit will be filed.
()
Planning Director Hayes reported since Mr. White does not have
a septic tank permit at this time, the Commissioners may wish to
make this a condition of the Special Use Permit.
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster
to grant the Special Use Permit for location of a double-wide
mobile home at 6125 Coon Hunters Trail north of Holly Shelter Road
in Castle Hayne, N.C. based upon the evidence and findings of fact
meeting the four general requirements. The floor was opened for
discussion.
commissioner Barone requested amending the MOTION to include
the condition that all required permits must be obtained.
commissioner Sisson AMENDED THE MOTION, SECONDED by
Commissioner Caster to grant the Special Use Permit contingent upon
all required permits being obtained. Upon vote, the MOTION CARRIED
AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
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Absent: Vice-Chairman Mathews
A copy of a Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 5.
SUBDIVISION APPEAL - KINGSLAND WOODS SUBDIVISION
Planning Director, Dexter Hayes, reported the petitioner, the
owner of the affected lots, is requesting the original preliminary
plan for this project to be revised to incorporate a cul-de-sac at
the north end of Kirby Smith Drive in place of the existing dead-
end street. The original plan which has been recorded shows this
road extending to the northern property line with the understanding
that access would be provided in the future to undeveloped
properties located to the north. All properties located north of
this end of Kirby smith Drive are entirely within the City of
Wilmington.
The applicant appeared before the Technical Review Committee
(TRC) of the Planning Board on February 24, 1993 requesting this
design change. Based on discussion and after considering public
comments, the TRC determined it would be premature to modify the
current design until firm development plans have been approved by
the City of Wilmington for adjacent properties. In the interim,
the TRC recommends denial.
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Staff does not support the design modification sought by the
applicant. The establishment of a cul-de-sac at this location will
eliminate any further north-south access for a very large number of
housing units in the area. Previous design decisions made by the
County have already eliminated other possible northern connections
that could have been made in the past through adjacent
subdivisions. As it now stands, the existing traffic circulation
pattern in this neighborhood, particularly for those trips with
north-south destinations, must rely on nearby east-west cross
streets to gain access to the roadways that meet their north-south
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 569
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travel needs. Staff believes the residential traffic in the area
should be dispersed to the greatest extent practical, not
concentrated on a handful of east-west connector streets, such as
Greenhowe Drive and pine Valley Drive. A continuation of Kirby
smith Drive to Holly Tree Road would ease the burden on these
neighborhood streets. There is a concern by some that the
continuation of Kirby smith Drive will shift the circulation
problems of the area to Kingsland Woods. Admittedly, traffic flow
will increase, but there is no evidence that such an extension will
overly burden that street. Without it, however, the potential to
better distribute area traffic will be gone. If the City approves
plans that make the connection impossible, then the issue becomes
a moot point. At this time, the City shows no inclination to
preclude a connection.
The County will not be the approval agency for what happens to
the vacant property to the north. This will occur through the
subdivision preliminary design approval conducted by the City of
Wilmington. The Planning Board and staff feel the County should
take no action until the City has a development plan for this
property.
commissioner sisson reported on discussing this matter with
the Volunteer Fire Departments who are concerned about emergency
access with incorporating a cul-de-sac at the north end of Kirby
smith Drive.
Chairman Greer inquired as to whether anyone present would
like to comment.
The following remarks were received:
.
Mr. Van Wyck Webb, Jr., the developer of Kingsland Woods
Subdivision, presented a letter to the Commissioners and reported
the requested modification has been filed to maintain the character
of this quiet neighborhood. The residents do not want the road
extended now or in the future.
Mr. Woody Smith, a resident and representative of the
Kingsland Woods neighborhood, reported the community agrees with
the revision of the original preliminary plat to incorporate the
cul-de-sac as proposed by the developer. The City's consideration
of the future extension of Kirby smith Drive northward as the
obvious choice for a connector to Lancaster and Wallington Road is
not needed. There are numerous outlets from Kingsland Woods,
Woodberry Forest, Beasley Road, South College Road, and Waltmoor
Road. The neighborhoods are pleased with the outlet opportunities
and quiet streets that now exist. Offering the opportunity for
Kirby smith Drive to open through to Holly Tree Extension will
allow Kirby Smith Drive to become a thoroughfare and disrupt a
quiet, tranquil neighborhood. The Commissioners were requested to
allow the road to remain unchanged.
.
Mr. Tom Connelly, a resident of Kingsland Woods, reported this
is a neighborhood where adults can walk the streets and children
can play and ride bicycles in the streets. If Kirby Smith Drive is
used for the Holly Tree Extension, traffic will greatly increase
and completely destroy the neighborhood. The Commissioners were
requested to allow the road to remain unchanged.
Chairman Greer closed the Public Hearing.
Motion: After discussion, Commissioner sisson MOVED, SECONDED by
Commissioner Barone to support the recommendation of the Technical
Review Committee for denial of the appeal pending further action by
the City of Wilmington. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE, 570
Chairman Greer
Absent:
Vice-Chairman Mathews
Chairman Greer encouraged the residents of the neighborhood to
monitor the action by the city. If a move is made toward future
extension of Kirby smith Drive northward for access to Holly Tree
Road, the residents should then appear before the city Council to
voice their concerns.
()
ADOPTION OF RESOLUTION OF INTENT TO HOLD A PUBLIC HEARING TO CLOSE
AN UNNAMED ROAD STUB NORTH OF THE CROSS CREEK ROAD/EASTWIND ROAD
INTERSECTION (SC-59, 7/93)
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to adopt the Resolution of Intent to hold a Public Hearing on
August 2, 1993, to consider closing an unnamed road stub north of
the Cross Creek RoadjEastwind Road intersection. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
-
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 11.
ADOPTION OF RESOLUTION DECLARING THE BOARD OF COUNTY COMMISSIONERS
AS THE PUBLIC MANAGEMENT ENTITY FOR ALTERNATIVE SEWAGE TREATMENT
DISPOSAL SYSTEMS AND APPROVAL OF CONTRACT #94-0028
County Attorney Copley reported the State sewage rules were
amended approximately a year ago to allow fo'r a greater use of
alternative technology on sites unsuitable for conventional septic
systems. To ensure proper inspection and maintenance of these
systems, the State adopted rules requiring the creation of a Public
Management Entity in order for the Health Department to issue
permits for alternative systems.
()
The Board of Health became the Public Management Entity and
has monitored all Types IV and V sewage systems. State regulations
now prohibit the Health Department from monitoring all types of
systems, including Type VI systems; therefore, it is necessary for
the County to become the Public Management Entity for Type VI
systems. The owner of the system will be responsible for paying a
Certified Operator to inspect and maintain the system. The County
Engineering Department will become involved if the system is not
properly maintained.
County Attorney Copley recommended adoption of a resolution
designating the Commissioners as the Public Management Entity.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to adopt a resolution designating the New Hanover County Board of
Commissioners as the Public Management Entity for the types of
sewage treatment and disposal systems that cannot be inspected or
monitored by the New Hanover County Health Department and to
approve the contract for use between the Public Management Entity
and owners of the systems. Upon vote, the MOTION CARRIED AS
FOLLOWS:
o
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 571
A copy of a resolution is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XXI, Page 11.
A copy of the contract is on file in the Legal Department.
.
ADOPTION OF AMENDMENTS TO WATER AND SEWER ORDINANCE
Chairman Greer reported since one member of the Board is
absent, the ordinance cannot be adopted upon the first reading;
however, a vote can be taken with final adoption of the amendments
at the second reading to be held on July 26, 1993.
The following amendments were presented:
-Change requirements and fees for mandatory taps.
-Allow maximum bond amount for obtaining ten or more building
permits.
-Exempt industries which meet criteria from paying impact
fees.
The following public comments were received:
.
Mr. Dallas Harris, a local developer, expressed concern for
having to pay an additional $1,000 surety bond in order to obtain
a building permit to construct in a subdivision without a completed
sewer system. The developer now provides a cash bond to build the
water, sewer, and streets at the beginning of a project at a cost
of $4,000 to $5,000 per lot depending on the size of the lot. Once
the plat is recorded with this bond, the developer must then pay
another $1,000 to acquire a building permit to guarantee the County
that the sewer will be available when reaching the hook-up stage.
Sewer lines are installed by the developer and given to the County.
In his opinion, this is a double dip situation for builders.
Much concern has been expressed for low cost housing. A
developer cannot purchase a tract of land and construct low cost
housing because of land and development costs that must be paid
upfront. If government agencies desire to stop the development of
sUbdivisions, the County is headed in the right direction. In
order to provide housing for people, some of these regulations must
be stopped. The building industry is the backbone that drives the
economy in this county. A $100,000 house has approximately $13,000
worth of fees due to government regulations. Twenty-two agencies
are now involved in a subdivision approval. The Commissioners were
requested to consider the building industry a friend of the
community and recognize the importance of housing and the need to
curb the costs involved for developers.
.
Assistant County Manager, Dave Weaver, reported the County
prepared this ordinance in an effort to assist the builders and
reduce the large amount of money needed for the letter of credit.
However, in a new subdivision as referenced by Mr. Harris, there
could be a case where the developer is installing the sewer system,
but the lots are being purchased by different builders. In this
instance, even though a bond is posted by the developer installing
the sewer, the County would not have any bond on a builder that
purchases lots from the developer for the initial construction of
the subdivision; therefore, the $1,000 surety bond is the County's
guarantee that the builder will not try to use the sewer system
from the house to the collection system before the collection
system is certified and ready to use.
Mr. Harris reported this does occur, but there is an
understanding with the other builders that the developer has placed
money in escrow that will completely furnish water, sewer, and
streets in the subdivision regardless of what happens. The water
and sewer for these builders has already been bonded with the
upfront money by the developer, therefore, the builder is being
charged an additional $1,000 for acquiring a building permit.
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 572
Chairman Greer inquired as to why the additional $1,000 fee is
charged when the letter of credit has been posted by the developer
which assures the County that the sewer will be constructed.
Assistant County Manager Weaver explained the bond posted by
the developer assures the County the collection system will be
constructed. It does not assure that the system will be cleaned
and ready for use after certification.
Mr. Harris reported the County is penalizing builders because
of a situation that occurred in the past where a builder
constructed a home without completion or inspection of the County
sewer before occupying the dwelling.
()
Mr. steve Aten, President of the Home Builders Association,
reported the original ordinance is unfair to Mr. Harris. Mr.
Harris is the developer and builder in this subdivision. In this
case, Mr. Harris was required to post a bond to ensure the
performance for completion of a sewer line that will be given to
the County. When applying for a building permit, he now, under the
proposed ordinance, will be required to pay another $1,000 per
home. As to vacant lots on roads where the sewer is being
installed, the $1,000 surety bond could be necessary. The
Commissioners were requested to reduce the amount of costs involved
with constructing homes.
County Manager O'Neal emphasized the fact that staff was
trying to reduce the cost to developers when preparing the proposed
amendment; however, there are situations where the County needs to
be protected through the $1,000 surety bond.
After a lengthy discussion on the certificate of Occupancy,
bond requirements, and the need to protect the County as well as
being fair to the builders, the County Manager was directed to meet
wi th Mr. Aten and Mr. Harris to further discuss the proposed
amendments to see if an agreement can be reached. These items are
to be placed on the agenda for a second reading on July 26, 1993.
o
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER & SEWER DISTRICT
Motion:
convene
Hanover
CARRIED
Commissioner Caster MOVED, SECONDED by Chairman Greer to
from Regular Session to hold a Regular Session of the New
County Water & Sewer District. Upon vote, the MOTION
AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
Chairman Greer convened from Regular Session at 8:22 P.M.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner sisson
to reconvene to Regular Session. Upon vote, the MOTION CARRIED AS
FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
commissioner sisson
Chairman Greer
()
Absent:
Vice-Chairman Mathews
Chairman Greer reconvened to Regular Session at 8:25 P.M.
.
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 573
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
ADOPTION OF RESOLUTION OF APPRECIATION TO CAROLINA SAVINGS BANK AND
BRANCH BANK & TRUST FOR DONATION TO URBAN PARK
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to adopt a Resolution of Appreciation to Carolina Savings Bank and
Branch Bank & Trust for a donation of $100,000 for development of
the Urban Park. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent:
Vice-Chairman Mathews
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXI, Page 11.
STAFF MEETINGS CHANGED TO THURSDAY MORNINGS
Commissioner Sisson recommended holding staff meetings on
Thursday mornings and requested consideration of this request.
Consensus: After discussion, it was the consensus of the Board to
hold staff meetings on Thursday mornings at 8:30 A.M. in Room 318
of the County Administration Building, 320 Chestnut Street,
Wilmington, N. C. The next staff meeting is scheduled for
Thursday, July 22, 1993.
RECOGNITION OF U. S. CONGRESSWOMAN EVA CLAYTON
Chairman Greer recognized U. S. Congresswoman Eva Clayton and
expressed appreciation for her attending the meeting.
Congresswoman Clayton expressed appreciation for the warm
welcome and requested the Commissioners to feel free to contact her
if she can be of assistance.
ADDITIONAL ITEMS - COUNTY MANAGER
DESIGNATION OF VOTING DELEGATE FOR THE N. C. ASSOCIATION OF COUNTY
COMMISSIONERS ANNUAL CONFERENCE
County Manager O'Neal requested designation of the Voting
Delegate for the N. C. Association of County Commissioners Annual
Conference to be held in Durham County on August 12-15, 1993.
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to designate Chairman Greer as the Voting Delegate for the Annual
Conference. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
LEGISLATIVE ISSUES - REPORT ON SENTENCING REFORM PACKAGE
County Manager O'Neal reported on the sentencing reform
package and requested authorization for the Chairman to write a
letter of support to Senator John Codington, who serves on the
Judiciary I Committee, which will be considering adoption of the
package.
Motion: After discussion of the proposed package providing relief
for overcrowding in the jails and court system, Commissioner Barone
MOVED, SECONDED by Commissioner Caster to authorize the Chairman to
execute a letter of support for the Sentencing Reform package to be
faxed to Senator John Codington. Upon vote, the MOTION CARRIED AS
FOLLOWS:
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 574
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner sisson
Chairman Greer
Absent: Vice-Chairman Mathews
DISCUSSION OF HOUSE BILL 815
County Manager O'Neal reported on HB 815 which will allow
counties to assist with thoroughfare plan implementation. This
bill has been introduced for Burke County; however, other counties
can join if they so desire. After discussion with the Director of
the N. C. Association of County Commissioners, staff feels that New
Hanover County should not request to be included in this bill, but
may desire to be added later, if the bill is enacted.
()
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to write a letter to Senator Jordan expressing appreciation for the
status report on the Burke County bill and informing the Senator
that New Hanover County does not want to be included in the bill.
Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
REPORT ON ADDITIONAL STATE FUNDS FOR THE MOSQUITO CONTROL PROGRAM -
HEALTH DEPARTMENT
County Manager O'Neal reported New Hanover County has received
an additional $14,469 for the Mosquito Control Program. The Health
Director, Robert Parker, was complimented for his efforts in
obtaining these additional funds.
()
AUTHORIZATION FOR RENEWAL OF WORKER'S COMPENSATION INSURANCE
County Manager 0' Neal reported the County has been
participating in a pool with the N. C. Association of County
Commissioners (NCACC) to provide Worker's Compensation Insurance at
a reduced rate. For the first time, the NCACC Workers compensation
Trust is offering deductible options. These options range from
$100,000 to $350,000 per occurrence. Staff recommends implementing
the $100,000 per occurrence deductible. with the County's losses
capped at this level, based on prior loss experience, it does not
appear the County should incur additional cost in excess of the
guaranteed cost basis. Claims and loss control services will
continue to be available. The base premium will decrease with the
$100,000 per occurrence deductible to $157,848, which is
considerably less than the annual premium of $438,467 paid last
year.
County Manager O'Neal reported due to the size of the County's
payroll and resulting premium, some form of self insurance will
have to be provided in the future.
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Barone
to authorize renewal of the Worker's Compensation Insurance with
the North Carolina Association of County Commissioners Workers
Compensation Trust with implementation of the $100,000 per
occurrence deductible as recommended by staff. Upon vote, the
MOTION CARRIED AS FOLLOWS:
()
voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
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MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 575
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AUTHORIZATION TO FILE GRANT APPLICATION FOR Er.DERLY & DISABLED
TRANSPORTATION ASSISTANCE PROGRAM FOR FY 1993-94
Assistant to the County Manager, Pat Melvin, reported the
County has received notice from the N. C. Department of
Transportation, Public Transportation and Rail Division that New
Hanover County will receive an allocation of $34,385. The funds
will be used to provide transportation services as follows: (1)
for the Medicaid Eligible pregnant women and dependent children
population in the amount of $5,759; and (2) for the elderly and
disabled population in the amount of $28,626. The Commissioners
were requested to adopt a resolution authorizing the Chairman to
certify the following use of funds received:
The funds received pursuant to G.S. 136-44.27 will be used to
provide additional transportation services for the elderly and
disabled, exceeding the quantity of trips provided prior to
the receipt of these funds.
The funds received pursuant to G.S.136-44.27 will not be used
to supplant existing Federal, state or local funds designated
to provide elderly and disabled transportation services in New
Hanover County.
The funds received pursuant to G.S.136-44.27 will be used in
a manner consistent with the local Transportation Development
Plan approved by the N. C. Department of Transportation and
Board of County Commissioners.
.
It is understood that all semiannual allocations to the County
pursuant to G.S.136-44.27 subsequent to the first allocation
will be made following the receipt of the progress report for
the preceding six months by the North Carolina Department of
Transportation, Public Transportation and Rail Division.
That any interest earned on these funds will be expended in
accordance with G.S. 136-44.27
The funds received pursuant to section 220 of House Bill 83
will be used to provide additional transportation services for
Medicaid Eligible pregnant women and children (ages 0-19) and
will be used to satisfy the maintenance of effort requirement
which means the County will increase transportation services
above the level in FY 1989-90.
The funds received pursuant to Section 220 of House Bill 83
will not supplant existing Federal, State or local funds
designated to provide transportation services for Medicaid
Eligible pregnant women and children in New Hanover County.
The funds received pursuant to Section 220 of House 83 will be
used in a manner consistent with the local Transportation
Development Plan approved by the N. C. Department of
Transportation and Board of County Commissioners.
The funds received pursuant to Section 220 of House Bill 83
will not be used toward the purchase of capital requirement.
.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to authorize filing of the application and execution of the
Certified Statement by the Chairman for the use of funds received
pursuant to G.S. 136-44.27, the N. C. Elderly and Disabled
Transportation Assistance Program, and pursuant to the Medicaid
Transportation Assistance Program. Upon vote, the MOTION CARRIED
AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
commissioner sisson
Chairman Greer
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f
_MINUTES OF REGULAR MEETING, JULY 6, 1993
PAGE 5,76
Absent:
Vice-Chairman Mathews
STATUS REPORT ON STATE LEGISLATION
County Attorney Copley reported a letter has been forwarded to
N. C. Representative Thomas Wright informing him that New Hanover
County is opposed to the change in the formula of the Room
Occupancy Tax.
Also, alcoholic beverages can now be purchased at 12:00 noon
on Sundays. Since the County did not have an ordinance pertaining
to these hours, the State Law will be implemented in New Hanover
County.
()
EXECUTIVE SESSION
County Attorney Copley requested an Executive Session to
discuss pending litigation and a personnel matter.
Motion: commissioner Caster MOVED, SECONDED by Commissioner Barone
to convene to Executive Session for discussion of pending
litigation and a personnel matter. Upon vote, the MOTION CARRIED
AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
Chairman Greer convened from Regular Session at 9:55 P.M.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to reconvene to Regular Session. Upon vote, the MOTION CARRIED AS
FOLLOWS:
()
Voting Aye: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
Chairman Greer reconvened to Regular Session at 10:45 P.M.
ADJOURNMENT
Motion: commissioner Barone MOVED, SECONDED by Commissioner Caster
to adjourn. Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
commissioner Sisson
Chairman Greer
Absent: Vice-Chairman Mathews
Chairman Greer adjourned the meeting at 10:46 P.M.
()
Respectfully submitted,
~d/~
LUCle F. Harrell
Clerk to the Board