1990-06-04 Regular Meeting
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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.
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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.
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MINUTES OF REGULAR MEETING, JUNE 4, 1990 (CONTINUED)
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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
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( 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
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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.
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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.
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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.
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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:
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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
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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.
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MINUTES OF REGULAR MEETING, JUNE 4, 1990 (CONTINUED)
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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
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~ 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.
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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.
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MINUTES OF REGULAR MEETING, JUNE 4, 1990 ( CONTINUED)
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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.
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( 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.
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MINUTES OF REGULAR MEETING, JUNE 4, 1990 ( CONTINUED)
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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.
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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.
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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.
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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.
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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.
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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.
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3. Control of smoking in retail establishments with 50 or
more employees.
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MINUTES OF REGULAR MEETING, JUNE 4, 1990 (CONTINUED)
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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,
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Lucie F. Harrell
Clerk to the Board
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