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1990-04-02 Regular Meeting ",.- - 2,4'J- MINUTES OF REGULAR MEETING, APRIL 2, 1990 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 2, 1990, at 7:30 o'clock P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; E. L. Mathews, Jr.; Nolan O'Neal; Vice-Chairman W. Albert Corbett, Jr.; Chairman Fred Retchin; County Manager, Allen O'Neal; County Attorney, Robert W. Pope; and Clerk to the Board, . Lucie F. Harrell. Chairman Retchin called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Roger Randall gave the invocation. Vice-Chairman Corbett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to approve the minutes of the Special Meetings of March 13,1990, and March 21, 1990, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. WITHDRAWAL OF ITEM *9, A PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR ESTABLISHMENT OF STUDENT HOUSING FOR FRATERNITIES AND SORORITIES ON THE EAST SIDE OF RACINE DRIVE "GREEK ROW" (S-315) Chairman Retchin announced that the petitioner has withdrawn the request. NON-AGENDA ITEMS Chairman Retchin asked present an item not listed on item listed on the Consent presented: if anyone present would like to the Regular Agenda or comment on an Agenda. The following item was . Authorization for Purchase of Three (3) Vans New Hanover Transportation Services, Inc. Ms. Susan Dohrmann, Chairman of New Hanover Transportation Services, Inc., presented background information on the purchase of three ( 3) vans instead of four ( 4) vans. She requested authorization for an expenditure of a match higher than 10% previously approved and authorization for the County to issue a check in the amount of $8,831 directly to the N. C. Department of Transportation due to a deadline for purchase of the vans. Vice-Chairman Corbett inquired as to future expenditures for operating the transportation program. Ms. Dohrmann stated the funding picture for other agencies involved with administering the program is bleak; however, the State is trying to fill in the gaps. At this time, the direction of the program is to provide transportation services for the elderly and handicapped and clients of human services agencies who do not have transportation to participate in the various programs. Motion: After discussion of the importance of the transportation . program, Commissioner Mathews MOVED, SECONDED by Commissioner Barfield to authorize the expenditure with a match higher than the 10% previously approved and to authorize the County to issue a check in the amount of $ 8,831 to -the N. C. Department of Transportation for the purchase of (3) vans. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ MINUTES OF REGULAR MEETING, APRIL 2, 1990 (CONTINUED) 2.5 ~ Discussion of Fraternity Housing on Racine Drive Mr. James H. Medlin, Jr., a resident of 4814 College Acres Drive, commented on the petition withdrawn for issuance of a Special Use Permit to establish off-campus student housing for fraternities and sororities on Racine Drive and stated the developer plans to construct this type of housing across the street. Mr. Medlin, on behalf of the neighborhood residents, requested the Board to declare some form of a building moratorium to delay construction of these units until a more suitable area can be found which is not adjacent to a residential community. . County Attorney Pope stated the Board of Commissioners cannot legally declare a moratorium as requested. Commissioner Mathews inquired as to housing cannot be constructed on campus. his understanding that the UNC-W Board off-campus Greek Row. why this type of student Mr. Medlin stated it is of Trustees endorsed an Vice-Chairman Corbett, who is a member of the UNC-W Board of Trustees, read the following action taken by the Board of Trustees: The Board of Trustees supports the concept of a Greek housing complex in a single location and encourages UNC-W, Greek organizations, University Administrators, and concerned citizens to work together to develop a Greek housing area. Vice-Chairman Corbett stated no specific area was designated for placement of a Greek Row. He emphasized the importance of all persons concerned working together to resolve this issue. . Mr. Michael Jordan, a member of the Planning Commission, commented on students preferring fraternities to be off-campus; however, the Attorney General's office has informed him that this type of housing can be constructed on campus under a lease or through the sale of property. He stated UNC-Chapel Hill is now in the process of expanding two fraternity complexes through 99-year leases. After discussion, it was agreed by all that UNC-W should be encouraged to construct on-campus Greek row housing. APPROVAL OF CONSENT AGENDA Motion: Commissioner Barfield MOVED, SECONDED by 0' Neal to approve the Consent Agenda as presented. the MOTION CARRIED UNANIMOUSLY. Commissioner Upon vote, CONSENT AGENDA ITEMS Approval of Budget Amendment #90-0200 for Fire Service District The Commissioners adopted the following Budget Amendment: 90-0200 Fire Service District Debit Credit Ad Valorem Taxes $25,000 Myrtle Grove Volunteer Fire Dept. $25,000 . Purpose: To budget unanticipated revenue in the Fire Service District for an additional contribution to Myrtle Grove Volunteer Fire Department. The additional funds are to be used for purchasing land to relocate the Myrtle Grove Volunteer Fire Department Station as recommended by the Board of Fire Commissioners. Approval of Audit Contract #FIN-90-0083 With Lowrimore, Warwick & Company - Finance Department The Commissioners approved the audit contract with Lowrimore, Warwick & Company and the letter of engagement naming ....1 ( 2 8INUTES OF REGULAR MEETING. APRIL 2. 1990 ( CONTINUED) the firm as auditors of record for the years ending June 30, 1990, 1991, and 1992. A copy of the contract is on file in the County Manager's office. Approval of Two (2) Clerk-Typist III positions in Home Health - New Hanover County Health Department The Commissioners approved two (2) Clerk-Typist III positions in the Home Health Division of the Health Department due to the increased demand for services. The cost of the positions will be totally reimbursed through third party reimbursement. o Authorization to File an Application for 1990-91 ACTION Continuation Grant for the RSVP Program - Department of Aging The Commissioners authorized filing of the 1990-91 ACTION continuation grant for the RSVP Program as follows: Amount of Grant County Match $45,004 $36,605 The County Manager was authorized to accept and execute the grant if awarded. Approval of Revisions to the Standard Operating Procedures for the Brunswick Nuclear Power Plant - Emergency Services The commissioners approved revisions to the Standard Operating Procedures for the Brunswick Nuclear Power Plant as submitted by the Director of Emergency Services. The Chairman of the Board and County Manager were authorized to execute the documents. Copies of the revisions are contained in Exhibit Book XVIII, Page 10. () PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE 4.5 ACRES ON THE WEST SIDE OF U. S. HIGHWAY 117 NORTH OF LYNN AVENUE TO B-2 BUSINESS FROM RA RURAL AGRICULTURE (Z-401) Chairman Retchin opened the Public Hearing. Mr. Paul Foster, Chairman of the Planning Commission, stated the members of the Planning Commission voted unanimously to approve the rezoning request, and if there is no opposition present he would recommend approval. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the rezoning request. No one commented. Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner 0' Neal to approve rezoning 4.5 acres on the west side of U. S. Highway 117 North of Lynn Avenue to B-2 Business from RA Rural Agriculture. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA CASTLE "'HAYNE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969," is hereby incorporated as a part of the minutes and is contained in Zoning Book II, under the section entitled, Castle Hayne, Page 10. () PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO ESTABLISH AN 18 HOLE PAR 3 GOLF COURSE WITH LIGHTS FOR NIGHT PLAY AND TO PROVIDE LIGHTING FOR EXISTING DRIVING RANGE ON THE SOUTH SIDE OF EASTWOOD ROAD ADJACENT TO DUCK HAVEN GOLF COURSE (S-313) Chairman Retchin opened the Public Hearing and requested anyone present wishing to give testimony to step forward to be sworn in by the Clerk to the Board. The following persons were sworn in: Ms. Anne O'Bryant ~ MINUTES OF REGULAR MEETING, APRIL 2, 1990 (CONTINUED) 27 ~ Mr. Raiford G. Trask Mr. David O'Bryant Attorney John Collins Mr. Paul Foster, Chairman of the Planning Commission, stated the Planning Commission's chief concern was the impact of the use upon residential property to the north. After some debate, the Commission concluded that the negative impacts could be mitigated and supported issuance of the Special Use Permit with approval of the conditions as recommended. . Planning Director, Dexter Hayes, presented Staff's findings as follows: General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: a. Access to the site is available directly from Eastwood Road to the existing driving range. No additional driveway access points to Eastwood Road are proposed to serve the range or the Par 3 Golf Course. Instead, the current access point will serve both facilities. b. The property is located in the Seagate Volunteer Fire Department District. General Requirement conditions of the findings: # 2: The proposed use Zoning Ordinance based meets all upon the required following a. Outdoor recreation establishments commercially operated are permitted by Special Use Permit review in the R-15 Residential District. The subject property is zoned R-15 Residential. . b. Off-street parking is required for three (3) spaces for each hole on the Par 3 Golf Course. No specific standards are given for driving ranges, although the applicant proposes a ratio of one (1) space per tee at the ranges. In all, a minimum of 64 spaces would be needed; 90 spaces are shown. The existing lot will be upgraded to accommodate two (2) rows of parking. The lot will be set back approximately ten (10) feet from the right-of-way. c. Access requirements of the ordinance are met. e. The existing building at the range is set back approximately 80 feet from the right-of-way. No additional buildings are proposed. d. No free-standing or ground signage is proposed. f. Outdoor lighting to accommodate night-time play is proposed for both activities. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property based on the following findings: . a. The majority of land abutting the parcel is used for golf course purposes (Duck Haven). The driving range is also an existing facility. It was developed in association with Duck Haven. b. Significant residential development is located across the highway (Long Leaf Acres and Windemere). This major road corridor serves to physically separate the residential uses from the golfing facilities. General Requirement #4: The location and character of the proposed use will be in harmony with the area and in general conformity with the plan of development for the County based upon the following findings: ~ ~ '2'SUNUTES OF REGULAR MEETING, APRIL 2, 1990 (CONTINUED) a. A portion of the proposed site is already devoted to golfing activities and the site is nearly surrounded by an existing golf course. other Conditions: 1. Only "Directional" lighting be used on the driving range and it is to be directed away from Eastwood Road. 2. The developer is to provide a deceleration lane on the south side of Eastwood Road in accordance with the N. C. Department of Transportation design standards. ~ 3. The existing fence is to be moved further away from the road and is to be extended the full length of the driving range. 4. Tree plantings are to be provided along the outside of the fence (north side) line for a vegetative screen above the fence line to provide coverage between 10 and 35 feet within ten years or in lieu of vegetation, netting should be provided. 5. The orientation of the tee pads at the range are to be realigned in a more westerly direction to provide for a greater angle of ball flight away from Eastwood Road. 6. Wooden side boards will be provided at each tee pad to stop shanked balls. 7. No lights shall be on after 11:00 P.M. 8. The wooded area on the south side of Eastwood Road parallel to the Par 3 Golf Course shall remain undisturbed. Chairman Retchin asked if anyone present would like to speak in favor of issuing the Special Use Permit. The following person commented: o Mr. John Collins, an Attorney representing the petitioner, Mr. Raiford Trask, stated he would be glad to answer any questions pertaining to the request. Chairman Retchin asked Mr. Collins if he concurs with the findings as presented by the Planning Staff. Mr. Collins stated Mr. Trask concurs with the findings as presented. Mr. Raiford Trask stated the golf course has been redesigned to avoid shanked balls. He commented on the beauty and benefits of the driving range to citizens in this area and requested issuance of the Special Use Permit. Chairman Retchin asked if anyone present would like to speak in opposition to issuance of the Special Use Permit. The following persons commented: Ms. Anne O'Bryant, a resident of 739 Eastwood Road, expressed concern for the number of balls that have crossed the highway into her yard and stated the proposed use does not meet the first general requirement which states the use must not materially endanger the public health and safety of surrounding property. She requested the Commissioners to deny the request. Planning Director Hayes stated the realignment of the tees ~ and additional buffer will improve the present situation with - shanked balls. Mr. David O'Bryant, a resident of 739 Eastwood Road, recommended installing fencing similar to that of a baseball field in order to avoid balls from crossing the highway. Chairman Retchin closed the Public Hearing. ~ MINUTES OF REGULAR MEETING, APRIL 2, 1990 (CONTINUED) 29 -., Motion: After further discussion, Vice-Chairman Corbett MOVED, SECONDED by Commissioner O'Neal to grant the Special Use Permit subject to the conditions presented based upon the findings of fact meeting the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book I, Page 41. . Chairman Retchin inquired as to whether the County Attorney has investigated state regulations governing the clearing of land in excess of one acre, and if so, has Mr. Trask complied to this regulation? County Attorney Pope stated the County's Civil Engineer, Jim Craig, will address this issue. Mr. Jim Craig commented on visiting the site stating the developer was to limit the clearing of land to one contiguous acre; however, this regulation has been overstepped. Discussion has been held with the developer and plans are forthcoming to address this issue and obtain the necessary permits to clear the land according to state regulations. PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE BY MODIFYING THE TREE RETENTION AND PLANTING REQUIREMENTS OF THE LANDSCAPING PROVISIONS (A-212) Chairman Retchin opened the Public Hearing. Mr. Paul Foster, Chairman of the Planning Commission, stated the proposed amendments were initiated and are recommended for approval by the Planning Commission. The members of the Planning Commission strongly feel that the tree retention, planting and maintenance section of the landscape provisions of the Zoning Ordinance should be strengthened. . Commissioner Mathews inquired as to why the 9 ft. minimum dimension for a planting island was increased to a 12 ft. minimum dimension? Planning Director Hayes stated this dimension was increased for two reasons: (1) to provide adequate space for maintenance and irrigation of the plant island; and (2) provide more room for the trees and plants to grow. Commissioner Barfield expressed concern for the following regulations listed under 67-3(B) and inquired as to how one can enforce replacement of a tree after three years from the completion date of construction: "The undisturbed area shall be protected during construction by a sui table fence, such as a wooden slat snow fence or wire fence. If a protected tree is destroyed or dies within three years after completion of construction, then replacement trees shall be planted on the site with a total diameter equal to twice the diameter of the protected tree. Planning Director Hayes stated the purpose of the tree replacement regulation is to encourage the developers to protect the trees in the undisturbed areas in order to avoid having t'o replant trees. . Chairman Retchin asked if anyone from the general public would like to speak in favor of the proposed amendments. The following persons commented: Mr. Churchill Hornstein, representing Earth Day of the Lower Cape Fear, encouraged the commissioners to adopt the proposed amendments and emphasized the importance of preserving trees in our county and state. ~ ( 3 QMINUTES OF REGULAR MEETING, APRIL 2, 1990 (CONTINUED) Ms. Louise Shinn, a retired school teacher, stressed the importance of protecting this natural resource and emphasized the need to require commercial developers to protect and plant trees. Mr. Dan Dawson, a local engineer, expressed concern for not being informed about the proposed amendments. He commented on the impact of these amendments on future commercial development stating he is in favor of protecting trees but some form of notification should be forwarded to developers. Mr. William Sisson, a stated two public workshops tree retention regulations. the amendments as presented. member of the Planning Commission, and public hearings were held on the He urged the Commissioners to adopt () Chairman Retchin closed the Public Hearing. commissioner O'Neal commented on the importance protecting and planting trees stating we must adopt laws will preserve trees in New Hanover County. of that Commissioner Barfield supported the protection of trees but expressed concern for adopting regulations that will be difficult to enforce, particularly with reference to replanting of 4" trees. Motion: After a lengthy discussion on the need to protect trees, Commissioner Mathews MOVED, SECONDED by Commissioner 0' Neal to adopt the amendments to the Zoning Ordinance as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Mathews Commissioner O'Neal Vice-Chairman Corbett Chairman Fred Retchin o Voting Nay: Commissioner Barfield 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 XVIII, Page 10. PUBLIC HEARING TO CONSIDER A SIX-MONTH EXTENSION OF SPECIAL USE PERMIT S-297 ISSUED FOR THE ESTABLISHMENT OF A RECYCLING CENTER ON CASTLE HAYNE ROAD Chairman Retchin opened the Public Hearing. Planning Director Hayes stated the petitioner is requesting a six-month extension of Special Use Permit S-297 issued by the Board of Commissioners on March 13, 1989. He stated as of this date no major activity has been conducted on the site, and the recent death of the owner has greatly delayed the construction of the proposed facility. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the extension of the Special Use Permit. No one commented. Chairman Retchin closed the Public Hearing. o Motion: After discussJon of the request, Commissioner Mathews MOVED, SECONDED by Commissioner O'Neal to grant a six-month extension as requested by the petitioner with the condition that no future time extensions will be granted. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO SYSTEMATICALLY ASSIGN HOUSE NUMBERS ON SUNRISE LANE AND INDIAN COVE AVENUE LOCATED IN THE FEDERAL POINT TOWNSHIP Chairman Retchin opened the Public Hearing. ~ . . . MINUTES OF REGULAR MEETING, APRIL 2, 1990 (CONTINUED) 31 ~ Planning Director Hayes commented on systematically assigning house number in identify County property and requested numbers as presented. the continuation of order to accurately the reassignment of Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the reassignment of house numbers. No one commented. Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner O'Neal to adopt an order systemically assigning house numbers on Sunrise Lane and Indian Cove Avenue located in the Federal Point Township as recommended by the Planning Staff. 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 XVIII, Page 10. PUBLIC HEARING TO CONSIDER A REQUEST BY T. S. REEVES TO CLOSE A PORTION OF HICKORY STREET LOCATED IN THE COMMUNITY OF CASTLE HAYNE, CAPE FEAR TOWNSHIP (SC-48) Chairman Retchin opened the Public Hearing. Planning Director Hayes stated the recorded access contains a 50 foot right-of-way which is unimproved and not utilized for vehicular traffic. To date, several roads in close proximity to Hickory Street have been closed. The Planning Staff recommends retaining a 30 foot easement in the center of the street for future utility purposes. Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the road closing. No one commented. Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner O'Neal to close a portion of Hickory Street as follows: "Being a portion of a 50 foot right-of-way commencing 700 feet south of the Holly Shelter/Castle Hayne Road intersection extending east 330 feet to its intersection with Blossom Street with 30 feet of said portion (15 feet on each side of the road centerline) to remain open." Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the order and map are hereby incorporated as a part of the minutes and are contained in Exhibit Book XVIII, Page 10. STATUS REPORT ON 1990 OPTIMIST CLUB OF WINTER PARK, INC. Mr. Larry W. Flowers, a member of the Optimist Club of Winter Park, Inc., commented on the 1990 Babe Ruth Baseball and Softball programs stating these programs currently serve 1,200 youth. He commented on the need for lights at the Hoggard Ball Field and the overall need for additional facilities. Discussion was held on the 1989-90 budget which required the Optimist Club to borrow $25,000 from the bank in order to meet current obligations. Mr. Flowers stated members of the club are concerned about funds being used for capital improvements in the park and feel the funds should be utilized for the purchase of equipment such as baseballs, softballs, bats, etc. Discussion -was held on constructing another field at Hoggard. Commissioner Mathews asked if space is available in Hugh MacRae Park for construction of another field. Mr. Flowers stated two fields are needed at Hoggard and that possibly a T-ball field could be constructed at Hugh MacRae Park. After further discussion of budget concerns, he expressed appreciation to the Board for placing this item on the agenda stating members of the Optimist Club felt the Commissioners should be aware of the funding situation and problems being experienced. ~ (3.? ! MINUTES OF REGULAR MEETING, APRIL 2, 1990 (CONTINUED) Chairman Retchin complimented Mr. Flowers and the Optimist Club of Winter Park, Inc. for the excellent job being performed with the administration of' the Babe Ruth League. Consensus: It was the consensus of the Board for the Parks & Recreation Department to work closely with the Optimist Club of Winter Park, Inc. and notify the Commissioners of any problems that may develop. ADOPTION OF ORDINANCE AMENDING NEW HANOVER COUNTY WATER & SEWER ~i.= CHAPTER 15, ARTICLE II, WASTE WATER COLLECTION AND () MOTION: After discussion of the proposed ordinance, Commissioner Jonathan Barfield MOVED, SECONDED by Vice-Chairman Corbett to add Section 15-95 to Chapter 15, Article II, Waste Water Collection and Treatment, Division 7, Sewer Connections and Private Sewer Construction as follows: Section 15-95. Obtaining Building Permits Prior to Certification In the event a developer desires to obtain a building permit prior to the certification of the sewer system he must furnish a $1,000 surety bond, cash deposit, or letter of credit for each unit. Upon furnishing the bond, the application for sewer service may be obtained not more than sixty (60) days prior to certification of the sewer system. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is on file in the Clerk's office for codification into the County Code. ADOPTION OF ORDINANCE AMENDING THE WATER AND SEWER ORDINANCE, SECTION 15-124(C)(4) - REFUND OF SERVICE DEPOSIT () Motion: After discussion, Commissioner Barfield MOVED, SECONDED by Vice-Chairman Corbett to adopt the ordinance amending Section 15-124(c)(4) as follows: Section 15-124(c) (4) Service Deposit: Residential: $40 Non-Residential: Minimum bi-monthly charge for appropriate category or $40, whichever is higher. Service deposit will be refunded in December of each year provided the deposit has been held by the County for a minimum of 12 months and the customer has not had any delinquent bills. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is on file in the Clerk's office for codification into the County Code. o ADOPTION OF AMENDMENT TO THE WATER & SEWER ORDINANCE, SECTION 15-121(B) AND SECTION 15-124(C)(I) - TREATMENT PLANT CAPACITY FEE Motion: After discussion, Commissioner Barfield MOVED, SECONDED by Vice-Chairman Corbett to adopt the following amendments to the Water & Sewer Ordinance in order to exempt swimming pools from the fee and establish a minimum fee for commercial customers: Section 15-121(b). One-time Sewer Charges (b) Treatment Plant Capacity Fee: All new development shall pay a treatment plant capacity fee based on ~ MINUTES OF REGULAR MEETING, APRIL 2, 1990 (CONTINUED) ,.., 33 average daily flow. Swimming pools will be exempt from the treatment plant capacity fee. Average daily flow for the purposes of this fee shall be determined by the following schedule: (1) Residential Unit: Three hundred gallons per day. . (2) Nonresidential Unit: Flow criteria as recommended by the N. C. Division of Environmental Management for sewage system requirements. In the event a flow is not specified by the N. C. Division of Environmental Management for a particular usage, the flow shall be based on water usage of similar facilities as determined by the County. Section 15-124(c) (1) Waste Water Treatment Plant Capacity Fee: $1.25 per gallon of daily usage. treatment plant capacity fee minimum charge shall be $375. When the waste water is applicable, the Copies of the ordinances are on file in the Clerk's office for codification into the County Code. ADOPTION OF AMENDMENTS TO WATER & SEWER ORDINANCE FOR CLARIFICATION OF WORDING, SECTIONS 15-18, 15-90(B)(3), 15-122(A)&(C), AND 15-124(A) Assistant Finance Director, Allan Mozingo, stated the amendments are for clarification of wording and do not represent any change in fee or charges. . Motion: Commissioner Barfield MOVED, SECONDED by Commissioner 0' Neal to adopt the amendments as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the ordinances are on file in the Clerk's office for codification into the County Code. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Reminder of Brunswick Nuclear Power Plant Exercise Chairman Retchin reminded the Board of the nuclear drill to be held on Tuesday, April 3, 1990, and encouraged the Commissioners to attend and participate in the exercise. Adoption of Resolution Encouraging the Construction of Smith Creek Parkway Vice-Chairman Corbett requested adoption of a resolution encouraging the Governor and Department of Transportation to begin the construction of Smith Creek Parkway as soon as possible. He stated the Chamber of Commerce, City Council, and other organizations are adopting similar resolutions and plan to visit Raleigh to emphasize the immediate need for construction of the parkway with the completion of I-40 in 1990. ~ Motion: Chairman Retchin MOVED, Barfield to adopt the resolution as MOTION CARRIED UNANIMOUSLY. SECONDED proposed. by Commissioner Upon vote, the . A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit XVIII, Page 10. Discussion of Requiring Audits for Outside Agencies Vice-Chairman Corbett stated an outside agency receiving County funds in the amount of $2,500 paid $1,900 for performance of an audit as required by the County. He inquired as to whether this agency or other agencies receiving small amounts of funds could be exempted from this requirement. Consensus: After discussion, it was the consensus of the Board to direct the County Attorney to prepare a proposal that would ~ ( 3c4. MINUTES OF REGULAR MEETING, APRIL 2, 1990 (CONTINUED] allow for a one-time waiver of the audit requirement to outside agencies receiving $1,000 and no more than $2,500. This proposal is to be presented at the meeting of April 16, 1990. ADDITIONAL ITEMS - COUNTY MANAGER Rejection of Bid #FIN-90-0073 for Health Department Furnishings Assistant Director of Finance, Allan Mozingo, stated after evaluating the bid proposals, Staff would recommend rejecting all bids received and rebidding with the option to award chairs and panel systems separately or as a group. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to reject all bids received and re-bid as recommended by Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. -() ADJOURNMENT Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned at 10:10 o'clock P.M. Respectfully submitted, ~I(/ 4~ Lucie F. Harrell Clerk to the Board o o