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1990-06-04 Regular Meeting ~. . 86 MINUTES OF REGULAR MEETING, JUNE 4, 1990 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 4, 1990, at 7: 30 0' clock P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Robert G. Greer; E. L. Mathews, Jr.; Nolan O'Neal; Vice-Chairman Jonathan Barfield, Sr.; 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 Joseph Windley, Pastor of the First Baptist Church, gave the invocation. Commissioner Robert G. Greer led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Retchin asked if anyone present would like to speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. The following item was discussed: Opposition to Proposed Tax Increase in the 1990-91 Budget Mr. Chester 'Jones, a resident of New Hanover County, expressed concern for the increasing property tax rate and requested the Commissioners to adopt the 1990-91 Budget without a tax increase. He emphasized the impact of a 1.5 cent tax increase on elderly persons living on fixed incomes. APPROVAL OF CONSENT AGENDA Vice-Chairman Barfield requested removal of Item #3 from the Consent Agenda and requested that this item be discussed as a separate item. . Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Mathews to withdraw Item #3 and approve the remaining Consent Agenda items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Resolution Accepting an "Offer to Purchase" County Surplus Property Located on Hillsdale Drive The Commissioners adopted a resolution accepting an "Offer to purchase" county owned surplus property as follows: Offeror: Jerry F. and Anne B. Hollifield Amount of Offer: $1,675 Tax Parcel No.: R0050-17-003-036.000 Location: 99 Hillsdale Avenue ' A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 14. Approval of Contract #FIN-90-0122 Awarding Informal Bid to Cape . Fear Office Machines for Purchase of Ribbons and Diskettes The Commissioners approved Contract #FIN-90-0122 awarding the informal bid to Cape Fear Office Machines for purchase of ribbons and diskettes. The Chairman was authorized to execute the contract. A copy of the contract is on file in the County Manager's office. ~ . . . MINUTES OF REGULAR MEETING, JUNE 4, 1990 (CONTINUED) 87 ~ Approval of Donation Agreement, Contract iENG-90-0150, with New Hanover Workshop, Inc. For Removal of Waste Paper in Recycling Bins The Commissioners approved the Donation Agreement with New Hanover Workshop, Inc. for removal of waste paper from recycling bins located in various county buildings for the purpose of recycling. The County Manager was authorized to execute the agreement. A copy of the agreement is on file in the County Manager's office. Approval of Health Professional Contract iEMS-90-0133 with Brian J. Kornblatt, M. D. as Medical Director for the EMS Advanced Life Support Program The Commissioners approved the health professional contract with Brian J. Kornblatt, M. D., as the Medical Director for the EMS Advanced Life Support Program. The Chairman was authorized to execute the document. A copy of the contract is on file in the County Manager's office. Award of Low Bid to Wilson Engineers for Performance of Soil Testing Services for the Myrtle Grove Branch Library The following bid proposals were received for performance of testing services for the Myrtle Grove Branch Library: Wilson Engineering Westinghouse Environmental & Geotechnical Service, Inc. $ 739 $1,600 The Commissioners awarded the low bid to Wilson Engineering at an estimated cost of $739 as recommended by John Sawyer, the consultant for the Myrtle Grove Branch Library. The County Manager was authorized to execute the contract documents. A copy of the contract is on file in the County Manager's office. Approval of Amendment to By-Laws for the Board of Fire Commissioners The Commissioners approved amending the term of office for persons appointed to serve on the Board of Fire Commissioners from 2-year terms to 3-year terms effective June 4, 1990. Members with one year remaining on their present term will be granted an additional year in order to properly stagger and rotate terms. A copy of the revised By-laws is on file in the Clerk's Office. Report of Budget Amendment i90-0206 for Entry Into the Minutes The following Budget Amendment was reported by the Budget Officer for entry into the minutes: 90-0206 Non-Departmental and Library Debit Credit Non-Departmental Contingencies $25,000 Library Contracted Services Salary and Wages $15,000 $10,000 Land Acquisition Cost $50,000 ~ ( 8 8MINUTES OF REGULAR MEETING. JUNE 4. 1990 (CONTINUED) Purpose: To budget funds for acquisition of land for a branch library that would service the northeastern part of the County as approved by the County Commissioners on May 7, 1990. Approval of Budget Amendment 190-0251 to Budget Additional Day Care - Department of Social Services The Commissioners approved the following Budget Amendment: 90-0251 Department of social Services Debit Credit o DSS/Child Day Care Office of Day Care Services $48,144 County Commissioners Appropriated Fund Balance $35,144 DSS/Special Assistance for Adults Assistance PaYments $ 7,000 DSS/General Assistance Assistant PaYments $ 5,000 DSS/Administration Contracted Services $ 1,000 Purpose: To budget additional Day Care allocation received. The day care expenditure allocation previously reached $700,000, the amount DSS estimated would be used. The additional allocation will fund other shortfalls in the DSS budget, such as Special Assistance for Adults, General Assistance, and reduce the amount of fund balance that was previously budgeted for day care. Report of Budget Amendment 190-0257 for Entry Into the Minutes The following Budget Amendment was reported by the Budget f\ Officer for entry into the minutes: ~ ) 90-0257 Non-Departmental and Human Relations Debit Credit Non-Departmental contingencies $2,214 Human Relations Contracted Services $2,214 Purpose: To budget funds for discrimination hearing. On December 4, 1989, the Commissioners requested submission of a Budget Amendment limited to $5,000 when specific costs were known. Two hearings were anticipated; however, only one hearing was required. Approval of Budget Amendment 190-0262 Emergency Medical Services The Commissioners approved the following Budget Amendment: 90-0262 Non-Departmental and Emergency Medical Services Debit Credit o Non-Departmental Contingencies $40,000 Emergency Medical Services Indigent Care EMS $40,000 Purpose: To cover additional indigent expenses incurred by Medical Transportation Specialists, Inc. ~ MINUTES OF REGULAR MEETING, JUNE 4, 1990 ( CONTINUED) 8 9 ""IIIl Approval of Budget Amendment #90-0666 Museum Expansion The Commissioners approved the following Budget Amendment: Interest on Investments Debit $10,000 Credit Administration and Legal $10,000 Purpose: Budgeting funds to move from Armory to new Museum Wing. . Acceptance of Victim Assistance Grant for FY 1990-91 - Cape Fear Substance Abuse - Rape Crisis Center The Commissioners accepted the FY 1990-91 Victim Assistance Grant in the amount of $29,225 for the Rape Crisis Center, authorized the County Manager to execute the grant agreement, and directed staff to include the grant expenditures and revenue in the FY 1990-91 County Budget. No county funds are required; however, the County is responsible for the financial administration of the grant. PRESENTATION OF AWARD OF EXCELLENCE TO THE NEW HANOVER COUNTY DEPARTMENT OF SOCIAL SERVICES Dr. Philip Cooke, representing the UNC-Chapel Hill School of Social Work; Ms. Sarah Delancey, the Director for the Division of Social Services, representing the State Office; and Ms. Millie Brown, Director of the Duplin County Department of Social Services, representing the N. C. Association of County Directors of Social Services, presented an "Award of Excellence" to the New Hanover County Department of Social Services for pioneering the use of group interviews for AFDC reviews. Director of Social Services, Wayne Morris, and the DSS Staff were recognized for excellence in developing innovative programs that improve the administration of services rendered by the New Hanover County Department of Social Services. The AFDC program is serving as a model for other DSS departments throughout the State. . DSS Director, Wayne Morris, accepted the "Award of Excellence" and requested DSS Staff members to stand for a round of applause. Chairman Retchin, on behalf of the Board of County Commissioners and as a former member of the Board of Social Services, congratulated Director Morris and the DSS Staff for the continual efforts by the department to develop more innovative ways to provide the many services rendered. PUBLIC HEARING TO CONSIDER THE 1990 SECONDARY ROAD CONSTRUCTION PROGRAM FOR NEW HANOVER COUNTY AS PROPOSED BY THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Mr. J. P. Cook, Highway Maintenance Engineer, presented the following proposed expenditures for the 1990 Secondary Road Program in New Hanover County: PROPOSED PROGRAM Estimated July 1, 1990, Secondary Road Construction Allocation in the amount of $82,000 to be expended as follows: . Additional Funding Needed Work Order 6.252001T, SR 1728, Myrtle Gardens Grade, Drain, Base, Pave, and Erosion Control from SR 1492 to Dead End. Length 0.54 mile (Original W.O. 29,845) to fund paving Priority #lS I *$25,000 SR 1413A AlIens Lane Grade, Drain, Base, Pave and Erosion Control from U. S. 76 to SR 11409, a length of 0.38 mile Priority #2R 40,000 SR 17909M, Tennessee Avenue Grade, Drain, Base, Pave, and Erosion Control All roads for a length of 0.14 mile Priority # 2S * 7,000 ~ ~ ( 9 '(jINUTES OF REGULAR MEETING, JUNE 4, 1990 ( CONTINUED) Fire Department and Rescue Drives, Spot Stabilization and Road Additions TOTAL 10,000 $82,000 *Indicates previous top 10 priority as required by GS 136-44.7(b). Discussion was held on the top 10 priority rating lists and the formula used by the N. C. Department of Transportation in determining paving priorities. Commissioner Barfield expressed concern for Nash Drive and Hillsdale Drive being ranked lower on the priority list. Mr. Cook stated the Department of 0 Transportation changed the Secondary Road Construction Program in 1989 by separating rural and subdivision roads in order to more equally expend funds for subdivision roads. He stated the roads in New Hanover County have been prioritized into these categories (rural and subdivision), and a road cannot be removed from the top 10 until that road is paved. Chairman Retchin opened the Public Hearing and asked if anyone from the general public would like to speak on the proposed Secondary Road Construction Program. No one commented. Chairman Retchin closed the Public Hearing. Motion: After discussion, Vice-Chairman Barfield MOVED, SECONDED by Commissioner Greer to approve the 1990 Secondary Road Construction Program as submitted by the Division of Highways of the North Carolina Department of Transportation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the paving priorities are hereby incorporated as a part of the minutes and are contained in Exhibit Book XVIII, Page 14. REQUEST TO THE N. C. DEPARTMENT OF TRANSPORTATION FOR INSTALLATION 0' OF TRAFFIC SIGNALS AT THE AIRPORT ENTRANCE ON 23RD STREET Chairman Retchin stated the Airport Authority would like to request the Department of Transportation to consider installing traffic signals at the entrance to the Airport on 23rd Street. Mr. Cook stated this request will be forwarded to the proper office with the Department of Transportation. ANNOUNCEMENT OF ERROR IN ADVERTISING OF PUBLIC HEARINGS Chairman Retchin announced notice of the Public Hearings was not advertised 10 days in advance; therefore, the Board cannot take action until the meeting of June 18, 1990. It was the consensus of the Board to hold the Public Hearings as scheduled with decisions being made on the 18th of June. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PORTIONS OF TWO PROPERTIES ON THE NORTH SIDE OF OLEANDER DRIVE EAST OF THE WILMINGTON CORPORATE LIMITS TO 0-1 OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-406) Mr. Paul Foster, Chairman of the Planning Commission, presented background information on the proposed rezoning request stating the Planning Commission recommends approval of the rezoning as submitted with inclusion of the small triangular-shaped portion of the parcel to the east of the subject property. Chairman Retchin opened the Public Hearing and asked if anyone from the general public would like to speak in favor of the proposed rezoning request. The following person commented: o Ms. Carol Wood, representing the property owners, stated the peti tioners are pleased with the rezoning as recommended and respectfully requested approval of the 0-1 zoning at the Commissioners' meeting scheduled for June 18, 1990. ~ . . . MINUTES OF REGULAR MEETING, JUNE 4, 1990 (CONTINUED) ,.., .9;1 Chairman Retchin asked if anyone present from the general public would like to speak in opposition to the proposed rezoning request. No one commented. Action on this item was deferred until June 18, 1990. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE TO ESTABLISH A LOCATION CRITERIA AND DEFINITION OF FRATERNITIES AND SORORITIES (A-214) Planning Director, Dexter Hayes, presented information on the three portions of the proposed Text Amendment as follows: 1. Create a new definition for housing which would separate residential where housing is involved from other complexes such as lodges and clubs. fraternities/sororities fraternities/sororities fraternities/sororities 2. A change in the location of where fraternities/sororities use should be located within the county. The Planning Staff recommended this type of housing should be permitted in commercial districts by special use and in a-I by right. The Planning Commission recommended this type of housing should be permitted in the a-I District only by special use permit. 3. A change in conditions that would apply to the location of fraternities/sororities as part of the special use permit. Chairman Retchin opened the Public Hearing and asked if anyone present would like to speak in favor of or in opposition to the proposed Text Amendment. The following persons commented: Dr. William E. Sisson, a member of the Planning Commission and Chairman of the sub-committee appointed to address fraternity and sorority housing, commented on the definition change in this type of housing stating after reviewing the impact of student housing in residential areas in other parts of the State, it was concluded that fraternities and sororities should not be permi tted in residential areas in New Hanover County due to noise, traffic, and litter. The sub-committee after further review concluded that student housing should be permitted only in a-I Districts by special use permit. Dr. Sisson emphasized the importance of developing an ordinance that will protect the residential areas surrounding the college. Vice-Chairman Barfield recommended allowing student housing by special use in residential, business, and a-I districts stating this would allow for flexibility in hearing each request. He expressed concern for the surrounding neighborhoods but emphasized the importance of being fair to students who also have a right. Planning Director Hayes stated this procedure would be reasonable and would allow a review of each request on a case-by-case basis plus provide placement of conditions on special use permits. Mr. James H. Medlin, Jr., representing the Homeowner's Association of College Acres, agreed with the recommendation presented by Commissioner Barfield stating granting of special use permits will allow surrounding communities to participate in decisions regarding student housing requests. Attorney Lonnie Williams, representing College Dorm Corporation, stated the present ordinance provides a reasonable provision for fraternity housing. He stated the courts of the United States have ruled that zonings related to fraternity and sorority houses are proper in certain circumstances and that the tract of land recommended for the proposed fraternity housing complies to these requirements. The land is in a business zone, not a residential zone, and is in proximity to the Uni versi ty ~ (~ ~ 2 MINUTES OF REGULAR MEETING. JUNE 4. 1990 (CONTINUED) adjoining College Acres a community which has grown up around the college. Attorney Williams pointed out the substantial investment by the College Dorm Corporation in preparation of a site plan, engineering drawings, development of specific housing plans for the proposed site, and obtaining the necessary permits stating if the proposed amendment is adopted, the College Dorm Corporation project should not be affected by the changes. Attorney Williams also commented on the recommendation () presented by the Planning Commission and expressed concern for this Text Amendment providing no zoning where fraternity housing , can exist as a matter of right. He stated this recommendation would, in effect, outlaw fraternity housing as a matter of right and create a political issue each time an application is submitted for issuance of a special use permit. He stated the Planning Staff's recommendation, which allows fraternity housing as a permitted use in 0-1, is not reasonable since there is virtually no land wi thin the vicinity of the college presently zoned 0-1. He listed the many uses permitted by right in B-2 zoning such as bars, entertainment establishments, discos, etc. stating many of the uses would be less desirable to the neighborhood than the proposed student housing. Attorney Williams respectfully requested the Commissioners to allow the existing ordinance to remain unchanged since it is more reasonable and fair than the recommended text amendment. Mr. Foster commented on the rapid growth of New Hanover County, which is no longer considered a rural county, and stated the Planning Commission is in the process of reviewing the uses permitted in B-2 and B-1 districts. Attorney John J. Burney, representing the owner of the property, stated under North Carolina Law, taxpayers' money cannot be used for construction of fraternity housing on a () college campus. He commented on the amount of revenue generated \ . to the local economy by college students and requested the Commissioners to use common sense in reviewing and acting on the proposed Text Amendment. He respectfully requested the existing ordinance to remain unchanged. Commissioner Greer stated, as a former student of the college, he feels some procedure should be provided whereby fraternity and sorority housing can be established without having to apply for a special use permit. He also expressed concern for back tracking on the proposed College Dorm project and recommended establishing an area specifically designated for this type of housing. Vice-Chairman Barfield stated the issue is not to back track on the proposed project, but to provide some form of regulations that will control and monitor the activities of students. Chairman Retchin closed the Public Hearing. Action on this item was deferred until June 18, 1990. PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING DEPARTMENT TO SYSTEMATICALLY ASSIGN HOUSE NUMBERS ON CREEKWOOD ROAD AND CANADY ROAD LOCATED IN HARNETT TOWNSHIP (SR-1405) Planning Director Hayes stated in order to systematically assign house numbers throughout the county to assist with providing county services and emergency services, he respectfully requests approval of the order to reassign house numbers on Creekwood Road and Canady Road located in Harnett Township. () Chairman Retchin opened the Public Hearing asking if anyone from the general public would like to speak in opposition to the reassignment of house numbers as recommended by the Planning Staff. No one commented. ~ . . . MINUTES OF REGULAR MEETING, JUNE 4, 1990 ( CONTINUED) 93 ~ Motion: Commissioner O'Neal MOVED, SECONDED by Commissioner Mathews to adopt the order systematically assigning house numbers on Creekwood Road and Canady Road as submitted 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 14. APPROVAL OF CHANGES IN THE ORGANIZATION STRUCTURE OF NEW HANOVER TRANSPORTATION SERVICES, INC. County Manager O'Neal stated when New Hanover Transportation Services, Inc. was - formed, a non-profit, non-governmental body was necessary in order to receive federal funds under the Section 16b(2) program, which was the only program under which the County had eligibility. The Department of Transportation has changed the funding source for urban counties, which includes New Hanover County, to a Section 18 funding program which does not require a non-profit entity. Therefore, the County has an opportunity to dissolve the non-profit status. After discussion with County Staff, the Board of Directors of New Hanover Transportation Services, Inc. and the Legal Department, it is recommended to dissolve New Hanover County Transportation Services, Inc. with the Board remaining intact with its present categorical appointments as an advisory organization. It is also recommended that New Hanover Transportation Services Advisory Board develop procedural rules and submit to the Commissioners at a later date. Motion: After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Mathews to authorize the County Manager to initiate the necessary steps to dissolve the non-profit status and implement the recommended changes with development of procedural rules by the New Hanover Transportation Services Advisory Board to be submitted to the Commissioners at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Retchin recessed the meeting for a break from 8:50 o'clock P.M. to 9:09 o'clock P.M. APPROVAL OF CONTRACT #PLA-90-0159 FOR COUNTY PARTICIPATION IN HOUSING REHABILITATION PROGRAM WITH WILMINGTON HOUSING FINANCE AND DEVELOPMENT AGENCY, INC. Staff Planner, Wanda Coston, stated in April, 1990, a $162,500 Energy Conservation and Housing Rehabilitation grant was awarded to Wilmington Housing Finance Development Agency, Inc. to assist 22 low income households to rehabilitate their dwellings in the un-incorporated areas of the county. The program assistance limit is $ 6,650 (not including administrative cost) per dwelling unit; however, the County may contribute to rehabilitation costs. She requested authorization to use funds in the County's Plumbing Rehabilitation and Sewer Connection Assistance Program to assist with rehabilitation costs not to exceed $4,000 per dwelling unit unless approved by the Board of County Commissioners. Chairman Retchin asked if anyone from the general public would like to comment. No one commented. Motion: Commissioner Mathews MOVED, SECONDED by Commissioner Greer to authorize utilization of the PlUmbing Rehabilitation and Sewer Connection Assistance Program funds to assist the Wilmington Housing Finance and Development Agency, Inc. to rehabilitate 22 low income households in the unincorporated areas of the county, and to approve a contract with Wilmington Housing Finance and Development Agency, Inc. whose program limits assistance to $6,650 (not including administrative costs) per dwelling unit with the county contributing to rehabilitation costs when exceeding this limit in an amount not to exceed $4,000 per dwelling unit unless approved by the Board of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the County Manager's office. ~ ( 9lFNUTES OF REGULAR MEETING. JUNE 4. 1990 (CONTINUED) SECOND READING OF SOLID WASTE COLLECTIONS ORDINANCE AND FRANCHISE AGREEMENTS (CONTRACT #90-0147-0151) Chairman Retchin stated the Solid Waste Collections Ordinance and franchise agreements did not receive a unanimous vote at the first reading; therefore, the ordinance and agreements are being presented for a second reading which will require a majority vote for final adoption. Vice-Chairman Barfield commented on the following alternatives recommended by the County Manager and requested the Board to delay action on the ordinance and franchise agreements until this process has been followed: 1. Delay approval of the franchises and ordinance until citizen concerns are received and addressed. 2. Hold Public Hearings in several locations in the unincorporated areas of the County for the purpose of obtaining public input and answering questions of concern. 3. Involve members of the Citizens Solid Waste Task Force in making presentations to civic organizations and neighborhood groups. 4. Establish a review panel consisting of a Commissioner,. representatives of the haulers, staff, and concerned citizens to resolve issues raised during the awareness and education process. Commissioner Mathews stated, in his opinion, a majority of the citizens in the unincorporated areas of the county are concerned about littering and are not opposed to a waste collections system; however, they do not understand the prGposed Solid Waste Collections System; therefore, he would recommended following the alternatives as submitted by the County Manager. County Attorney Pope stated the recommended alternative process must be completed within 100 days in order to comply to the General Statutes governing the time frame within which an ordinance must be adopted. Chairman Retchin asked if anyone from the general public would like to speak. The following persons commented: Mr. Dick Carter requested the Commissioners to inform the citizens exactly what language will be used ln the proposed contract as well as defining the exact costs to the taxpayers in a truthful and understandable manner. He expressed concern for this project not being let for public bid. Mr. Carl A. Caulder, a resident of 111 North Cardinal Drive, expressed concern for the fact that public hearings were not held before this proposed trash collections system was adopted. He commented on the proposed franchise agreements and expressed concern for eliminating private competition asking the following questions: (1) How were the proposed franchises awarded? (2) Who will determine which hauler will be designated to each area? (3) Will the collectors be bonded and licensed to ensure complete compliance with all directives pertaining to waste collections? (4) Will the largest collector, or the strongest politically, be granted the most lucrative and populated areas, or will the chosen five draw straws and rotate areas each year? (5) At the end of five years new franchises will be granted with the likelihood that the five franchises will be awarded to the same haulers because the other firms will be out of business. Mr. Caulder expressed concern for taxpayers paying the bill and having no right to select the firm with whom they desire to do business. He also asked if a mandatory trash collections system is implemented, will the County hire a waste collector specialist to oversee the operation? He expressed concern for costs involved in establishing another county department and requested the Commissioners to allow private haulers and citizens to contract this service. ~ () () () MINUTES OF REGULAR MEETING, JUNE 4, 1990 ( CONTINUED) 95 ~ . Motion: After further discussion, Vice-Chairman Barfield MOVED, SECONDED by Commissioner Mathews to defer action on the proposed Solid Waste Collections Ordinance and franchise agreements until Public Hearings have been scheduled to receive input from the ci tizens of the county. The County Manager was directed to prepare a schedule for holding Public Hearings that will comply to the 100 day time frame. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION IN SUPPORT OF 1990-91 CAROLINA BEACH RENOURISHMENT PROJECT Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Greer to adopt a resolution in support of the 1990-91 Carolina Beach Renourishment Project and authorize the Chairman to write the Governor requesting the State to allocate its portion of the project in the amount of $1,033,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 15. Carolina Beach Council Member, Sheila Davis, expressed appreciation to the Board for support of this urgently needed project. . APPROVAL OF CONTRACT iENG-90-0164 WITH ENSITE, INC. FOR REMOVAL OF WASTE AT THE AIRPORT BURN PIT SITE County Attorney Pope commented on the complexity of coordinating the waste removal process from the burn pit site through the Environmental Protection Agency and recommended approval of the contract subject to final review by the County Manager, County Attorney, and the County's Environmental Specialist. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner O'Neal to approve the contract with Ensite, Inc. for removal of waste from the Airport Burn Pit subject to final review by the County Manager, County Attorney, and County's Environmental Specialists. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the County Manager's office. Mr. William Funderburg, a resident of Blue Clay Road, commented,on the cost of the waste removal process stating this project has been designated under the superfund; therefore, monies should be available from the federal government for cleaning the burn pit. Environmental Specialist, Ray Church, stated at the present time there are no monies available in the superfund for removal action. When a feasibility study is required, there is a possibility of obtaining state funds for preparation of the study. . Chairman Retchin assured Mr. Staff will pursue obtaining any become available. Funderburg that state or federal the County funds that MEETING RECESSED TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Retchin recessed the meeting to hold a regular meeting of the New Hanover County Water & Sewer District Board of Commissioners from 9:40 o'clock P.M. until 9:48 o'clock P.M. ~ ( r MINUTES OF REGULAR MEETING, JUNE 4, 1990 ( CONTINUED) \96 APPOINTMENT OF W. ALLEN COBB TO SERVE AS CHAIRMAN OF THE ABC BOARD Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner O'Neal to appoint W. Allen Cobb to serve as Chairman of the ABC Board effective July 1, 1990, to July 1, 1991. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION TO ESTABLISH PROCEDURES FOR USE OF A MASTERCARD ISSUED TO THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS - CONSENT AGENDA ITEM #3 Commissioner Barfield commented on the need to have a credit card when traveling to conferences stating in order to receive room service and pay for meals it is necessary to carry and use a credit card. He recommended that credit cards be issued to each County Commissioner and kept under lock and key in the Finance Office until the cards are needed for travel. ~ '" ) Motion: After further discussion of recommendations by the Internal Auditor, Vice-Chairman Barfield MOVED, SECONDED by Commissioner O'Neal to adopt a resolution establishing procedures for use of a Wachovia MasterCard issued to the New Hanover County Board of Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 15. DISCUSSION OF SMOKING ORDINANCE PROPOSED BY THE NEW HANOVER COUNTY BOARD OF HEALTH Chairman Retchin commented on the j oint meeting scheduled with the Board of Health on June 6, 1990, for discussion of their proposed smoking regulation. He requested direction from the Commissioners as to what type of smoking regulation would be acceptable to the Board of Commissioners. () Vice-Chairman Barfield expressed concern for the Board of Commissioners having no control over the Board of Health in a situation of this type and recommended that the State Statutes be amended, or allow the State to control and fund Health Departments as state agencies. Discussion was held on possible litigation costs to taxpayers of the County if the proposed smoking regulation is adopted by the Board of Health. Chairman Retchin commented on the City of Raleigh adopting an ordinance which requires restaurants to post smoking policy signs stating the Board may wish to pursue this alternative. After further discussion, the following changes were recommended to the Health Department Smoking Regulation: 1. Smoking in restaurants should be limited in separate seating arrangements, not separately housed. 2. Smoking in restaurants with 50 or more seats should be limited to separate seating is acceptable; however, to ban smoking in all restaurants within one (1) year is totally unacceptable. () 3. Control of smoking in retail establishments with 50 or more employees. ~ '. . . MINUTES OF REGULAR MEETING, JUNE 4, 1990 (CONTINUED) 97 ~ APPROVAL OF PAY REQUEST TO G. DOUGLAS JEFFREYS FOR PERFORMANCE OF SURVEY WORK AT THE PROPOSED OGDEN PARK SITE County Manager O'Neal requested approval of a pay request in the amount of $3,500 to G. Douglas Jeffreys for performance of survey work at the proposed Ogden Park site. He stated inadvertently, a purchase order was not secured, nor was authorization for payment approved by the Board. Measures have been taken to ensure that this error will not happen again. Motion: Vice-Chairman Barfield MOVED, SECONDED by Chairman Retchin to approve the payment request to G. Douglas Jeffreys in the amount of $3,500 for performance of survey work at the proposed Ogden Park site. Upon vote, the MOTION CARRIED UNANIMOUSLY. AWARD OF CONTRACT iSTE-90-0165 WITH N. C. NATURAL GAS COMPANY FOR NATURAL GAS SERVICE TO THE STEAM PLANT County Attorney Pope recommended approval of a contract with N. C. Natural Gas Company for natural gas service to the Steam Plant. The new boiler and two existing, modified boilers will use natural gas. Mr. William Funderburg, a resident of Blue Clay Road, requested the Commissioners to verify the rate to be charged. Motion: After discussion of the connection fee and rate to be charged, Vice-Chairman Barfield MOVED, SECONDED by Chairman Retchin to approve the contract subj ect to review and verification of the rate by the County Manager and County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the County Manager's office. ADJOURNMENT Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner O'Neal to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 10:15 o'clock P.M. Respectfully submitted, ~'<:/ /~ Lucie F. Harrell Clerk to the Board ~