1990-06-18 Regular Meeting
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100
MINUTES OF REGULAR MEETING, JUNE 18, 1990
ASSEMBLY
The New Hanover County Board of Commissioners
Regular Session on Monday, June 18, 1990, at 9:00
A.M. in the Assembly Room of the New Hanover
Courthouse, 24 North Third Street, Wilmington,
Carolina.
met in
o'clock
County
North
Members present were: Commissioners Robert G. Greer;
E. L. Mathews, Jr.; Nolan 0' Neal; Vice-Chairman Jonathan
Barfield, Sr.; Chairman Fred Retchin; County Manager, Allen
0' 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 E. J. George, a retired pastor, gave the
invocation.
Commissioner Robert '8:.,' Greer led the audience in the
Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
Motion: Vice-Chairman Barfield MOVED, SECONDED by
Commissioner Mathews to approve the minutes of the Regular
Meeting of May 29, 1990, as presented and the minutes of
Budget Hearings held on May 29, 1990, and May 30, 1990, as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman Retchin asked if
public would like to comment on
Regular Agenda or an item listed
following items were presented:
anyone from the general
an item not listed on the
on the Consent Agenda. The
Discussion of Sewer Impact Fee
Mr. Robert Horrell, a resident of Castle Hayne,
expressed concern for being charged a $400 sewer impact fee
when the Castle Hayne area has not been included in the
construction phase of the Sewer System. He requested the
Commissioners to change this policy stating it is unfair to
be charged for a service you may never receive.
Discussion of Scrap Tire Disposal Fee
Mr. John Allen, of Hughes Brothers Tire Company,
commented on the scrap tire disposal fee stating the county
is charging tire dealers $55 per ton with collection of $81
per ton for tire disposal. He requested the Commissioners
to adopt a resolution similar to the City of Winston-Salem
that provides for a single rebate to tire retailers at the
end of the first year if retailers have been overcharged
disposal fees levied by the landfill.
Mr. Bob Smith, Executive Vice-President of the North
Carolina Tire Dealers & Retreads Association, presented
background information on the bill passed by the General
Assembly charging a 1% fee on the purchase of all new motor
vehicle tires. He emphasized the importance of properly
addressing scrap tire disposal and requested the
Commissioners to assist the tire dealers in fairly charging
disposal fees.
Chairman Retchin stated the
the resolution adopted by the
consider adopting a similar
appreciation to Mr. Allen and
item to the Board's attention.
Board will certainly review
City of Winston-Salem and
resolution. He expressed
Mr. Smith for bringing this
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MINUTES OF REGULAR MEETING, JUNE 18, 1990 (CONTINUED)
APPROVAL OF CONSENT AGENDA
County Manager O'Neal requested removal of Consent
Agenda Item #36 for discussion at the end of the meeting.
Motion: Vice-Chairman Barfield MOVED, SECONDED by
Commissioner Mathews to remove Item #36 and approve the
remaining Consent Agenda items as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Adoption of Proclamation Designating July 1-7, 1990, as
Hurricane Awareness Week in New Hanover County
The Commissioners adopted a proclamation designating
July 1-7, 1990, as Hurricane Awareness Week in New Hanover
County.
A copy of the proclamation is hereby incorporated as a
part of the minutes and is contained in Exhibit Book XVIII,
Page 16.
Approval of Annual Funding Agreement (Contract IEMS-90-0161)
with the Ogden-New Hanover Volunteer Rescue Squad
The Commissioners approved the annual funding agreement
wi th the Ogden-New Hanover Volunteer Rescue Squad for the
provision of rescue and support services in the amount of
$125,710 contingent upon adoption of the FY 1990-91 Budget.
The Chairman was authorized to execute the agreement.
A copy of the agreement is on file in the County
Manager's office.
Approval of Contract ISHE-90-0145 with Crenshaw Vending
Services, Inc. - Sheriff's Department
The Commissioners approved a contract with Crenshaw
Vending Services, Inc. to provide vending services to the
New Hanover County Sheriff's Department and Jail Annex.
A copy of the contract is on file in the County
Manager's Office.
Adoption of Bid Resolution IFIN 90-0137 for Uninterruptible
Power System for the Management Information Systems
Department
The Commissioners awarded the bid to Brian Clark
Equipment Company of Charlotte, N.C., the lowest responsible
bidder, in the amount of $35,890 for an Uninterruptible
Power System for the MIS Department.
A copy of the resolution containing the bid tabulations
is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XVIII, Page 16.
Approval of Maintenance Contract (IPAR-90-0169) with Mr.
Leroy Brown for Maintenance of the Snow's Cut Park
The Commissioners approved a contract with Mr. Leroy
Brown in the amount of $525 per month for maintenance,
opening and closing of the Snow's Cut Park.
A copy of the contract is on file in the County
Manager's office.
Approval of Contract iSTE-90-0068 with Arcadian Corporation
for Installation of a Monitoring Well at the Steam Plant
The Commissioners approved a contract with Arcadian
Corporation for the installation of a monitoring well at the
Steam Plant to provide an additional water supply.
A copy of the contract is on file in the County
Manager's office.
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( -102 MINUTES OF REGULAR MEETING, JUNE 18, 1990 (CONTINUED)
I
Adoption of Resolution Accepting the UPdated Boundary
Description of Myrtle Grove Volunteer Fire Department as
Submitted by the County Fire Marshal
The Commissioners adopted a resolution to accept the
updated boundary line description of Myrtle Grove Volunteer
Fire Department.
A copy of the resolution is hereby incorporated as a
part of the minutes and is contained in Exhibit Book XVIII,
Page 16.
Adoption of Resolution Accepting the Name Change and
Boundary Description for South Wilmington Volunteer Fire
Department as Submitted by the County Fire Marshal
The Commissioners adopted a resolution accepting the
new boundary, the station, and a name change from the former
South Wilmington Volunteer Fire Department to the North
Wilmington Volunteer Fire Department.
o
A copy of the resolution is hereby incorporated as part
of the minutes and is contained in Exhibit Book XVIII, Page
16.
Appointment of Alex Stanland, Jr. as Treasurer of the Winter
Park Volunteer Fire Department's Firemen's Relief Fund
The Commissioners appointed Alex Stanland, Jr. as
Treasurer of the Winter Park Volunteer Fire Department's
Firemen's Relief Fund as recommended by the Fire Department.
Adoption of Bid Resolution #FIN 90-0135 for Telephone System
New Hanover County Museum
The Commissioners adopted a resolution awarding the
contract to the lowest responsible bidder, Executone
Information Systems, Inc. based on Option #2 in the amount
of $14,114 for a telephone system at the Museum.
A copy of the resolution containing the bid tabulations
is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XVIII, Page 16.
o
Adoption of Bid Resolution #FIN 90-0136 for Telephone System
- New Hanover International Airport
The Commissioners adopted a resolution awarding the
contract to the lowest responsible bidder, Executone
Information Systems, Inc., based on Option #4 in the amount
of $14,060 for a telephone system at New Hanover
International Airport.
A copy of the resolution containing the bid tabulations
is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XVIII, Page 16.
Adoption of Bid Resolution #FIN 90-0153 For an Open Plan
Office System - Tax Department
The Commissioners adopted a resolution awarding the
contract to the lowest responsible bidder, American Seating
Company in the amount of $26,871.01 for an open plan office
system for the Tax Department.
A copy of the resolution containing the bid tabulations
is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XVIII, Page 16.
()
Designation of County Manager to Execute Pay Requests for
Airport Grants - Airport
The Commissioners authorized the County Manager to
execute pay requests for Airport Grants.
Approval of Advance PaYment to Coast Line Convention
Management, Inc.
The Commissioners approved prepayment of the rent
subsidy in the amount of $36,000 budgeted for FY 1990-91 to
Coast Line Convention Management, Inc.
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MINUTES OF REGULAR MEETING, JUNE 18, 1990 ( CONTINUED)
1 0 3 ""IIIl
Approval of Landfill Tip Fee Waiver
The Commissioners approved a Waiver of the Landfill Tip
Fee for Cape Fear Habitat for Humanity for the disposal of
approximately 60 cubic yards of trash annually.
Approval of Budget Amendment 90-0265 - Human Services
The Commissioners approved the fOllowing budget
amendment:
90-0265 Flow Through Grants/Human Services
.
Victim Assistance Grant
Debit
$3,000
Credit
Victim Assistance
$3,000
Purpose: To budget additional funds for the Victims
Assistance Grant operated by Domestic Violence Shelter and
Services. No County funds are required.
Approval of Budget Amendment 90-0266
The Commissioners approved the
amendment:
following
budget
90-0266 County Commissioners/Tax Department/Outside
Agencies, Economic and Physical Development
Debit Credit
County Commissioners
Operating Transfers In
(from Airport Operating Fund)
$85,000
Tax Department
Room Occupancy Tax - Tourism
$25,032
.
Outside Agencies/Economic & Physical Dev.
CF Convention & Visitors Bureau
Airport
$25,032
$85,000
Purpose: To increase the allocation to the Airport and to
increase contribution to the Convention and
Visi tors Bureau reflecting its share of actual
Room Occupancy Tax received by the County.
Appr~val of Budget Amendment 90-0267 - Steam Plant
The Commissioners approved the following
amendment:
budget
90-0267 Steam Plant Operations
Debit
Credit
Appropriated Fund Balance
Insurance Refund
$10,000
$26,000
Maintenance and Repair - Equipment
$36,000
Purpose: To budget for repairs made to the steam drum of
boiler #1. The County is insured against
accidental failure of this type.
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Report of Budget Amendment #90-0268 for Entry Into the
Minutes
The following Budget Amendment was reported by the
Budget Officer for entry into the minutes:
90-0268 Non-Departmental and Agriculture Extension
Debit
Credit
Non-Departmental
Contingencies
$5,000
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( 104
MINUTES OF REGULAR MEETING, JUNE 18, 1990 (CONTINUED)
Agriculture Extension
Contribution to Other Agencies
Credit
$5,000
Purpose: To budget funds allocated for construction of the
C.E. "Pete" Lewis Greenhouse/Conservatory.
Approval of Budget Amendment 90-0269
Alternatives Agencies
The Commissioners approved the
amendment:
Conununity Based
following budget
90-0269 Conununity Based Alternatives Agencies
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Debit
Credit
Community Based Alternatives
Grants
$4,675
Non-Secure Detention
Cape Fear Substance Abuse Center
$3,425
1,250
Purpose: To budget additional State funds for Community
Based Alternatives Program.
Approval of Budget Amendment 90-0270 - Library
The Commissioners approved the following
amendment:
budget
90-0270 Library
Debit
Credit
Contributions
$5,643
Supplies (Book Account)
$5,643
Purpose: To budget additional revenue from book sale and
contributions.
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Approval of Budget Amendment #90-0271 - Solid Waste Planning
The Commissioners approved the following budget
amendment:
90-0271 Solid Waste Planning
Debit
Credit
Appropriated Fund Balance
$80,000
Contracted Services
Motor Vehicle Purchases
$50,000
$30,000
Purpose: To establish budget for the recycling program.
Approval of Budget Amendment #90-0272
The Commissioners approved the
Amendment:
following
Budget
90-0272 Various
Management Information Systems
Installment Lease Payments
Debit Credit
0
$453,627
$ 70,000
$523,627
$350,195
Management Information Systems
Installment Loan Proceeds
Finance
Interest on Investments
Water and Sewer District
Appropriated Fund Balance
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MINUTES OF REGULAR MEETING, JUNE 18, 1990 (CONTINUED)
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Water & Sewer Finance
Installment Lease Payments
Debit
Credit
$350,195
Resource Recovery/Steam Plant
Appropriated Fund Balance
$103,432
Installment Lease Payments
$103,432
.
Purpose: To close First Union National Bank
accounts. (For accounting purposes only.)
Escrow
Approval of Budget Amendment *90-0273
The Commissioners approved the
Amendment:
following
Budget
90-0273 Various
Debit
Credit
Finance
Sale of Fixed Assets
$ 48,000.
County Commissioners
Appropriated Fund Balance
$126,385
Management Information Systems
Capital Outlay - Equipment
$174,385
Purpose:
(1) To record sale of fixed asset as a trade in
for installment lease purchase with First
Union National Bank financing. (For
accounting purposes only.)
.
(2) To record purchases through First Union
National Bank financing. (For accounting
purposes only.)
Approval of Budget Amendment *90-0277 - County Attorney's
Office
The Commissioners approved the following Budget
Amendment:
90-0277 County Attorney's Office
Debit
Credit
Airport Services
$6,000
Salaries and Wages
Contracted Services
Printing
Departmental Supplies
Dues and Subscriptions
Employee Reimbursement
$2,000
$ 600
$ 300
$ 600
$2,000
$ 500
Purpose: To budget funds received from the Airport for
legal services rendered by staff in the County Attorney's
office.
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Approval of Budget Amendment *90-0280
The Commissioners approved the
Amendment:
following
Budget
90-0280 County Commissioners and Transfer to Other Funds
Debit
Credit
County Commissioners
Appropriated Fund Balance
$640,888
Transfer of Other Funds
Transfer
$640,888
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(166'
MINUTES OF REGULAR MEETING, JUNE 18, 1990 ( CONTINUED)
Purpose: To transfer sales tax revenue to Fire Tax District
Fund. (Funds will be added to the fund balance of the Fire
Tax District Fund.)
Report of Budget Amendment #90-0279 for Entry Into the
Minutes
The following Budget Amendment was reported by the
Budget Officer for entry into the minutes:
90-0279 Non-Departmental/Outside Agencies/Human Services
Guardian Ad Litem
()
Debit
Credit
Non-Departmental
Contingencies
$295
Outside Agencies/Human Services
Guardian Ad Litem - Rent
Guardian Ad Litem - Utilities
$145
$150
Purpose: To adjust the Guardian Ad Litem budget for an
increase in cost of utilities and rent.
Approval of Budget Amendment #90-0281
The Commissioners approved the
Amendment:
following
Budget
90-0281 Non-Departmental and Engineering
Debit
Credit
Non-Departmental
Contingencies
$3,500
Engineering
Contracted Services
$3,500
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Purpose: To budget funds for soil and groundwater
remediation related to fuel line removal at the Airport.
Approval of New Hanover County Tax Collection Reports
Through May 31, 1990
The Commissioners approved the following Tax Collection
Reports through May 31, 1990, as submitted by the Collector
of Revenue:
New Hanover County Tax Collections
New Hanover County Fire Tax Collections
Copies of the reports are hereby incorporated as a part
of the minutes and are contained in Exhibit Book XVIII, Page
16.
Adoption of Amendments to the Privilege License Ordinance
The Commissioners adopted amendments to the Privilege
License Ordinance to comply with recent changes in the State
Statutes.
A copy of the amendments is on file in the Clerk's
office for codification into the County Code.
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Authorization for Tax Collector to Accept UnderpaYments and
OverpaYments of $1.00 or Less on Tax Accounts
The Commissioners authorized the Tax Collector to
accept underpayments or overpayments of $1.00 or less as
full payment on tax accounts beginning with FY 1990-91 in
accordance with GS 105-357.
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MINUTES OF REGULAR MEETING, JUNE 18, 1990 (CONTINUED)
107
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Approval of Grant Application to the U. S. Corps of
Engineers for Mosquito Control - Health Department
The Commissioners authorized the Health Department to
apply for a grant proposal to the U. S. Corps of Engineers
in the amount of $37,400 to aid in mosquito control.
Approval of Budget Amendment i90-0282 - Department of Aging
The Commissioners approved the following Budget
Amendment:
.
90-0282 Department of Aging
Debit
Credit
Bridge Donations
$1,975
Meals - Bridge
$1,975
Purpose: To budget additional local contributions for home
delivered meals.
Award of Contract iPUB-90-0167 to Westinghouse Environmental
& Geotechnical Services, Inc. for Performance of Soil
Testing for Senior Center site
The following proposals were received for performance
of soil testing on the Senior Center site:
Froehling & Robertson, Inc.
Westinghouse Environmental &
Geotechnical Services, Inc.
$2,980
$2,090
The Commissioners awarded the low bid to Westinghouse
Environmental & Geotechnical Services, Inc. in the amount of
$2,090 and authorized the Chairman to execute the contract
documents.
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PUBLIC HEARING TO CONSIDER ADOPTION OF THE 1990-91 COUNTY
BUDGET AND SPECIAL FIRE DISTRICT BUDGET
Chairman Retchin opened the Public Hearing to receive
comments from the general public on the proposed FY 1990-91
County Budget and Special Fire District Budget. The
following persons commented:
Mr. William Funderburg, a resident of Blue Clay Road,
commented on the budgetary process stating when holding
Budget Hearings among the various agencies, no public
comments are received; therefore, he has not been given an
opportuni ty to express concerns in advance of the public
hearing. He discussed the following items:
1. Concern for Proposed FY 1990-91 Budget for the
Airport Authority: On November 14, 1988, the Commissioners
approved an appropriation of $11,215,540 for the new
terminal complex and elected the pay as you go plan. He
expressed concern for revenues versus expenditures and asked
how the $3,924,354 shortfall in the Airport budget would be
handled.
.
Assistant Finance Director, Allan Mozingo,
revenues budgeted have not been collected; however,
will be collected during the fiscal year as projected
budget and federal and state grants will be received
time the Airport Terminal Complex is completed.
stated
they
in the
at the
Mr. Funderburg expressed concern for not receiving
federal and state funds as committed asking if these funds
are not received, how will the County fund the shortfall?
Vice-Chairman Barfield commented on the importance of
the Airport Terminal Complex to the economic growth of the
county and stated the terminal was endorsed by the
Commissioners and other businesses throughout the county;
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MINUTES OF REGULAR MEETING, JUNE 18, 1990 ( CONTINUED)
therefore, if funding should not materialize, taxes will be
increased, if necessary, to complete the project.
Mr. Funderburg stated if a tax increase is needed to
offset the liability, the Commissioners should so state and
raise taxes accordingly. He requested the Commissioners to
be upfront with the taxpayers of the county.
2. Concern for the Increase in the Landfill Tipping
Fee: Mr. Funderburg commented on the landfill tipping fee
increasing from $28 to $36 and requested an explanation of ()
why this fee was increased. He commented on the $29,000,000
expansion of the Steam Plant with a total investment of
approximately $50,000,000 stating this facility should
generate enough revenue to pay for operational costs without
the proposed increase. He recommended that the proposed fee
be assessed for a period of one year at which time the
tipping fees will be reviewed and reduced if possible.
County Manager O'Neal stated one of the primary reasons
for the increase in the tipping fee is to cover one of the
cells at the landfill opening.
Mr. Carl Durham commented on the debt service for the
$5,000,000 Parks & Recreation/Senior Center bond issue not
being included in the proposed County Manager's budget and
inquired as to how the debt service will be paid? Assistant
Finance Director, Allan Mozingo, stated debt service is not
included in the budget until bonds are sold, at which time,
a budget amendment is prepared. Also, until the bonds are
sold, the debt service is unknown; therefore, debt service
is budgeted after the bonds are sold. Bond proceeds and
interest revenue on the first sale of bonds usually cover
the first year's debt service.
Discussion was held on the progress of the Senior (\
Center. It was the consensus of the Board to request an \" )
update on the Senior Center.
Chairman Retchin commented on the shortfall in the
State's budget and the possible impact of proposed
legislation on local governments and recommended deferring
action on the budget until June 28, 1990.
Motion: After discussion, Commissioner Mathews MOVED,
SECONDED by Vice-Chairman Barfield to delay adoption of the
1990-91 County Budget and Special Fire District Budget until
June 28, 1990, at 9:00 A.M. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
CONTINUANCE OF RESOLUTION AUTHORIZING THE COUNTY MANAGER TO
CONTRACT WITH OUTSIDE AGENCIES AS APPROVED IN THE 1990-91
BUDGET
Motion: Vice-Chairman Barfield MOVED, SECONDED by
Commissioner O'Neal to defer action on the proposed
resolution until June 28, 1990. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
PUBLIC HEARINGS SCHEDULED TO RECEIVE PUBLIC INPUT ON THE
PROPOSED SOLID WASTE COLLECTIONS ORDINANCE AND FRANCHISEr).
AGREEMENTS
Vice-Chairman Barfield commented on the need to hold
more Public Hearings in the northern end of the county in
order to properly receive public input and recommended
scheduling meetings at the Wrightsboro Elementary School and
Oqden Elementary School.
MINUTES OF REGULAR MEETING, JUNE 18, 1990 (CONTINUED)
1 0 9 """'IIIl
Corrunissioner Greer
Hear ings on July 9 and
which time additional
necessary.
recorrunended scheduling two Public
July 30, 1990, as recorrunended, at
meetings can be scheduled, if
Consensus: After further discussion, it was the consensus
of the Board to schedule the following Public Hearings:
.
Date:
Place:
Time:
July 9, 1990
Myrtle Grove Middle School Cafeteria
7:30 P.M.
Date:
Place:
Time:
July 30, 1990
Laney High School Cafeteria
7:30 P.M.
CONTINUED PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE
PORTIONS OF TWO PROPERTIES ON THE NORTH SIDE OF OLEANDER
DRIVE EAST TO THE WILMINGTON CORPORATE LIMITS TO 0-1 OFFICE
AND INSTITUTION FROM R-15 RESIDENTIAL (Z-406)
Chairman Retchin stated a Public Hearing was held on
June 4, 1990, to consider this request; however, due to an
error in the public notice advertisement, action was
deferred until June 28, 1990. He requested persons wishing
to corrunent on this item to present new facts that were not
discussed at the June 4 meeting.
Chairman Retchin opened the Public Hearing and asked if
anyone from the general public would like to speak in favor
of or in opposition to the rezoning request. No one
corrunented.
.
Motion: Corrunissioner Greer MOVED, SECONDED by Vice-Chairman
Barfield to approve rezoning 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 with inclusion of the small triangular-shaped
portion of the parcel to the east of the subject property.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the "ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972," is hereby
incorporated as a part of the minutes and is contained in
Zoning Book II, Section 9-B, Page 69.
CONTINUED PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE
ZONING ORDINANCE ESTABLISHING A DEFINITION AND LOCATION
CRITERIA FOR FRATERNITIES AND SORORITIES (A-214)
Chairman Retchin stated a Public Hearing was held on
June 4, 1990, to consider the proposed Text Amendment;
however, due to an error in the public notice advertisement
action was deferred until June 28, 1990. He requested any
persons wishing to corrunent to present new facts that were
not discussed at the June 4 meeting.
.
Chairman Retchin opened the Public Hearing and asked if
anyone from the general public would like to speak in favor
of or in opposition to the proposed Text Amendment. The
following persons corrunented:
Mr. William C. Howard, Jr., a resident of 4000 Chapra
Drive, recorrunended support of the Planning Board's
recorrunendation which will not preclude expanding the
permitted fraternity/sorority complex but will insure public
input thru the rezoning and special use permit process. He
expressed opposition to permitting residential
fraternity/sorority units in districts other than 0&-1 and
opposed an expansion of the College Dorm complex until there
is enough experience to determine if the project is benign,
as the developers suggest, or a potentially serious
community problem as public officials in other University
communities have warned.
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('110 MINUTES OF REGULAR MEETING. JUNE 18. 1990 (CONTINUED)
Mr. James H. Medlin, Jr., representing the Homeowner's
Association of College Acres, reiterated the following
concerns of the surrounding neighborhoods: (1) the proposed
location; (2) the number of students to be housed; (3) who
will be in control of the student housing project; and (4)
will other developers be able to construct
fraternity/sorority housing in the College Acres
Subdivision? Mr. Medlin requested the Commissioners to
adopt the following Text Amendment as submitted by the
Planning Commission:
1. Add Section 29-93 which defines fraternity/sorority
residential.
o
2. Modify the Table of Permitted Uses on Page 23 as
recommended by the Planning Commission.
3. Add Section 72-37 as recommended by the Planning
Commission.
4. Modify Section 72-70 as recommended by the Planning
Commission.
Chairman Retchin closed the Public Hearing.
Vice-Chairman
housing by special
districts.
Barfield recommended allowing
use in residential,' business,
student
and 0- I
Commissioner O'Neal commented on the critical need for
this type of student housing stating the land has been
permi tted for fraternity / sorori ty housing for seven years
without any complaints, and he cannot see any adverse impact
upon public health or safety.
Motion: Commissioner 0' Neal MOVED, SECONDED by Chairman
Retchin to amend the ordinance as recommended by the
Planning Staff with the exception that residential
fraternities and sororities be permitted by right in a
business zone. The floor was opened for discussion.
o
Commissioner Greer requested that the motion be
repeated.
Chairman Retchin stated the motion is to endorse the
recommendation of the Planning Staff with one change, which
is to include fraternities and sororities as a permitted use
in B-1 and B-2 districts.
Chairman Retchin called for a vote on the motion. UPON
VOTE, the MOTION CARRIED UNANIMOUSLY.
commissioner Mathews stated in discussing this matter
with the developer and UNC-W personnel, an effort is being
made to police the proposed complex and make this a nice
place to live.
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 16. \" )
APPROVAL OF AGREEMENT #MUS-89-0377 WITH THE NEW HANOVER
COUNTY MUSEUM FOUNDATION, INC. ALLOWING THE FOUNDATION TO
SOLICIT GIFTS AND FUNDS FOR THE BENEFIT OF THE MUSEUM
Motion: Chairman Retchin MOVED, SECONDED by Commissioner
0' Neal to approve a contract with the New Hanover County
Museum Foundation, Inc. allowing the Foundation to solicit
gifts and funds in order to provide goods and services
necessary for development of the New Hanover County Museum.
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MINUTES OF REGULAR MEETING, JUNE 18, 1990 (CONTINUED)
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The chairman was authorized to execute the contract
documents.
A copy of the contract is on file in the County
Manager's office.
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AWARD OF BID TO E1DeCo, INC., CONTRACT ttSTE-90-0011, FOR
INSTALLATION OF ELECTRICAL EQUIPMENT FOR STEAM PLANT
EXPANSION
County Attorney Pope stated the following bids were
recei ved and recommended award of the low bid to EIDeCo,
Inc. in the amount of $686,997 for procurement and
installation of electrical equipment and wiring for the
Steam Plant expansion:
EIDeCo, Inc.
Reagan Electrical
Watson Electrical
$686,997
$762,000
$770,650
Motion: Vice-Chairman Barfield MOVED, SECONDED by
Commissioner Mathews to award the low bid to EIDeCo, Inc. in
the amount of $686,997 for procurement and installation of
electrical equipment and wiring for the Steam Plant
expansion and authorize the Chairman 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.
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AWARD OF BID TO BLUE RIDGE MECHANICAL CONTRACTORS, INC.,
CONTRACT ttSTE-90-0010 FOR PROCUREMENT AND INSTALLATION OF
MECHANICAL WORK FOR THE STEAM PLANT EXPANSION
County Attorney Pope stated the bid package required
submission of a base bid and an alternate bid to steam blow
the final steam line connections to the turbine. The
following base bids were received with no contractors
including the duct work; therefore, a price adder would have
to be added to each proposal:
Blue Ridge Mechanical Contractors, Inc.
Prime South, Inc.
Metric Constructors
$1,642,000
$2,171,104
$2,667,999
County Attorney Pope recommended award of the low bid
to Blue Ridge Mechanical Contractors, Inc. as follows
stating the umbrella insurance adder was recommended by
Carlton Allegood, Executive Director of the Insurance
Advisory Board:
Proposal Price
Add Alternate Bid for Steam Blow Cleaning
Add excluded duct work
Add additional insurance coverage
TOTAL BID
$1,642,000
30,445
64,470
5,000
$1,741,915
.
Discussion was held on the bid documents not clearly
defining the duct work. Vice-Chairman Barfield recommended
that the consultant be instructed that all line items should
be clearly defined in the bid package in order to receive
accurate bid quotations for the work to be performed. He
expressed concern for having no control over change orders
when bids are awarded in this manner.
Commissioner Greer expressed concern for the alternate
bid not be let as a separate bid stating local businesses
should be given an opportunity to perform the work.
Mr. William Funderburg, a resident of Blue Clay Road,
expressed concern for the bid document not clearly defining
line items, such as the duct work, in the bid package.
Motion: After further discussion, Commissioner Greer MOVED,
SECONDED by Commissioner Mathews to award the low bid to
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MINUTES OF REGULAR MEETING, JUNE 18, 1990 (CONTINUED)
Blue Ridge Mechanical Contractors, Inc., in the amount of
$1,741,915 for procurement and installation of mechanical
work at the Steam Plant. The Chairman was authorized to
execute the documents. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the contract is on file in the County
Manager's office.
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Chairman Retchin recessed the meeting for a break from \~
10:25 o'clock A.M. to 10:40 o'clock A.M.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Chairman Retchin recessed the meeting to hold a Regular
Meeting of the Water & Sewer District from 10: 41 0' clock
A.M. until 11:19 o'clock A.M.
COMMITTEE APPOINTMENTS
APPOINTMENT OF CARL B. BROWN TO SERVE ON THE ABC BOARD
Commissioner Mathews nominated Mr. Carl B. Brown to
serve on the ABC Board.
Vice-Chairman Barfield nominated Dr. Howard Armistead
to serve on the ABC Board.
Motion: Commissioner Mathews MOVED, SECONDED by
Commissioner O'Neal to appoint Mr. Carl B. Brown to serve a
3-year term on the ABC Board. The term will expire June 30,
1993. Upon vote, the MOTION CARRIED AS FOLLOWS:
o
Voting Aye: Commissioner Mathews
Commissioner O'Neal
Chairman Retchin
Voting Nay: Commissioner Greer
Vice-Chairman Barfield
APPOINTMENT OF OSCAR A. GRAHAM TO SERVE ON THE CAPE FEAR
COMMUNITY COLLEGE BOARD OF TRUSTEES
Vice-Chairman Barfield nominated Mr. Oscar A. Graham to
serve on the Cape Fear Community College Board of Trustees.
commissioner O'Neal nominated Mr. Donald Blake to serve
on the Cape Fear Community College Board of Trustees.
Motion: Vice-Chairman Barfield MOVED, SECONDED by
Commissioner Mathews to appoint Mr. Oscar A. Graham to serve
a 4-year term on the Cape Fear Community College Board of
Trustees. The term will expire June 30, 1994. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
APPOINTMENT OF CHARLES G. BELCHER TO SERVE ON THE BOARD OF
FIRE COMMISSIONERS
Motion: Vice-Chairman Barfield MOVED, SECONDED bY~
Commissioner 0' Neal to appoint Mr. Charles G. Belcher to" /
serve a three-year term on the Board of Fire Commissioners
representing the Castle Hayne Fire District. The term is to
expire June 1, 1993. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, JUNE 18, 1990 ( CONTINUED)
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REAPPOINTMENT OF JAMES E. MOORE, JR. TO SERVE ON THE
WILMINGTON/NEW HANOVER COUNTY INSURANCE ADVISORY COMMITTEE
Motion: Commissioner Greer MOVED, SECONDED by Commissioner
0' Neal to reappoint Mr. James E. Moore, Jr. to serve a
3-year term on the Wilmington/New Hanover County Insurance
Advisory Committee. The term is to expire June 30, 1993.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
REAPPOINTMENT OF DICKSON BALDRIDGE AND WILLIAM N. SMITH TO
SERVE ON THE NEW HANOVER COUNTY MUSEUM BOARD OF TRUSTEES
Motion: Commissioner O'Neal MOVED, SECONDED by Commissioner
Greer to reappoint Mr. Dickson Baldridge and Mr. William N.
Smith to serve 3-year terms on the New Hanover County Museum
Board of Trustees. The terms will expire June 30, 1993.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Clerk to the Board, Lucie F.
McQueen requested an application on
with the application returned on
deadline for receiving applications
11,1990.
Harrell, stated James
Friday, June 15, 1990,
June 20, 1990. The
was advertised as June
Motion: After further discussion, Commissioner Retchin
MOVED, SECONDED by Vice-Chairman Barfield to delay
appointment of the three remaining vacancies on the Museum
Board of Trustees until the continued meeting of June 28,
1990. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPOINTMENT OF ROSLIE WEBB AND LEWIS R. ATWOOD TO SERVE ON
THE PARKS & RECREATION ADVISORY BOARD
Motion: Chairman Retchin MOVED, SECONDED by Commissioner
O'Neal to reappoint Claud O'Shields to serve on the Parks &
Recreation Advisory Board. Upon vote, the MOTION DID NOT
CARRY AS FOLLOWS:
Voting Aye: Chairman Retchin
Commissioner O'Neal
Voting Nay: Commissioner Greer
Commissioner Mathews
Vice-Chairman Barfield
Motion: Vice-Chairman Barfield MOVED, SECONDED by
Commissioner Greer to appoint Dr. Lewis R. Atwood to serve a
3-year term on the Parks & Recreation Advisory Board. The
term is to expire June 30, 1993. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Motion: Chairman Retchin MOVED, SECONDED by Commissioner
O'Neal to appoint Ms. Roslie Webb to serve a 3-year term on
the Parks & Recreation Advisory Board. The term is to
expire June 30, 1993. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPOINTMENT OF GEORGE DIAB TO SERVE ON THE NEW HANOVER
MEMORIAL HOSPITAL BOARD OF TRUSTEES
Motion: Commissioner O'Neal MOVED, SECONDED by Commissioner
Mathews to appoint George Diab to fill the unexpired term of
Michael Haas on the Hospital Board of Trustees. The term
will expire on June 18, 1990. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPOINTMENT OF KENNETH W. WILSON TO SERVE ON THE BOARD OF
SOCIAL SERVICES
Motion: Commissioner Mathews MOVED, SECONDED by
commissioner Greer to appoint Mr. Kenneth W. Wilson to serve
a 3-year term on the Board of Social Services. The term is
to expire June 30,1993. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, JUNE 18, 1990 (CONTINUED)
DISCUSSION OF PROPOSAL TO SCHEDULE AN ADDITIONAL MONTHLY
MEETING OF THE BOARD OF COUNTY COMMISSIONERS
County Manager O'Neal presented the following proposal
for scheduling three regular meetings of the Board of County
Commissioners per month:
1st Monday of each month - 9:00 A.M. meeting to
consider routine items and discussion.
3rd Monday of each month - 7:30 P.M. meeting to
consider routine items, items of major concerns
to the citizens and meeting with other boards
and commissions.
o
4th Monday of each month - 7:30 P.M. meeting to
consider items requiring public hearings and
public input.
Commissioner Greer recommended scheduling an additional
meeting every other month instead of three monthly meetings.
Consensus: After further discussion, it was the consensus
of the Board to continue to hold two meetings per month with
special meetings being called if necessary.
DISCUSSION OF REVISED SMOKING POLICY
Chairman Retchin presented a revised Smoking Control
Regulation as a result of the joint meeting held with the
New Hanover County Board of Health. He commented on the
following changes:
1. Restaurants shall have a separate smoking and
non-smoking area without a prescribed percentage.
2. Businesses and offices shall provide for those
employees who desire a smoke free area by
designating such an area.
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3. Post signs advising the public of whether smoking
is or is not allowed.
4. Bars with 25 or more seats shall have a non-smoking
section by January 1, 1992.
Assistant County Attorney, Wanda Copley, commented on
the possibility of litigation and inquired as to whether the
Board of Commissioners would like to adopt the smoking
ordinance as a County Ordinance or allow the Board of Health
to adopt the policy as a regulation. She stated from a legal
point of view, the County has authority to adopt the
regulation as an ordinance, whereas, opponents will challenge
the authority of the Board of Health to adopt and enforce a
Smoking Control Regulation.
Chairman Retchin stated it may be appropriate for New
Hanover County to adopt the smoking regulation as a County
Ordinance and encourage the municipalities to adopt similar
ordinances.
Vice-Chairman Barfield expressed concern for adopting
an ordinance that cannot be enforced.
o
Consensus: After further discussion, it was the consensus
of the Board to amend the draft regulation as follows and
request the Chairman to present the revised document to the
Board of Health for concurrence:
1. Delete B under Section 6.
2. Delete Section 7 (B) (C) & (D)
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MINUTES OF REGULAR MEETING, JUNE 18, 1990 (CONTINUED)
.115 ~
AWARD OF THE LOWEST RESPONSIBLE BID, CONTRACT #ENG-90-0155,
TO TALBERT & BRIGHT FOR SURVEY WORK ON THE MILITARY CUT-OFF
ROAD LIBRARY SITE
County Manager 0' Neal stated the following bids were
received for survey work on the Military Cut-Off Road
Library site:
Stuart Y. Benson & Associates
Talbert & Bright
McKim & Creed
Robert Goslee & Associates
Henry von Oesen & Associates
G. Douglas Jeffrey, RLS
Espey Huston & Associates
$1,100
$2,240
$2,284
$2,449
$2,769
$3,000
$3,380
County Manager O'Neal recommended award of the lowest
responsible bid to Talbert & Bright stating the low bidder
did not meet the insurance requirements.
Motion: After discussion of the insurance requirements,
Vice-Chairman Barfield MOVED, SECONDED by Commissioner
Mathews to award the lowest responsible bid to Talbert &
Bright in the amount of $2,240 and authorize the Chairman 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.
APPROVAL OF BUDGET AMENDMENT #90-0293 TO BUDGET ADDITIONAL
FUNDS FOR THE LAND RECORDS GRANT
County Manager O'Neal requested adoption of the
following Budget Amendment to budget additional funds for
the Land Records Grant:
90-0293 Planning Department
Debit
Credit
Land Records Grant
$8,000
Contracted Services
$8,000
Purpose:
Grant.
awarded.
related to
To budget additional funds for the Land Records
An amount of $11,000 was budgeted with $19,000
The additional revenue will pay for expenses
the MAPS program.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Announcement of Change in Date for Occidental Chemical
Company Tour
Chairman Retchin announced the date scheduled for the
Occidental Chemical Company tour has been changed to August
8, 1990, from 9:00 A.M. - 11:00 A.M.
Discussion of Memorandum from the Food Distribution Center,
Inc.
Chairman Retchin stated a memorandum has ,been received
from the Food Distribution Center inviting the Commissioners
to attend a joint meeting with the Food Bank and Mother
Hubbard's Cupboard. He stated due to a conflict, he will
not be able to attend and requested the other Board members
to attend if they so desire.
Discussion Mid-South Branch Library
Ms. Betty Gaskins expressed concern for approval of the
survey contract for the Military Cut-Off Branch Library site
asking if this branch will be constructed before the
Mid-South Branch Library.
Assistant County Manager, Mary Gornto, stated the
county has obtained the services of an architect to design
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MINUTES OF REGULAR MEETING, JUNE 18, 1990 (CONTINUED)
the Mid-South Library Branch. Bid proposals
solicited in early fall and construction will
January, 1991.
will
begin
be
in
Discussion of Subdivision Regulation Pertaining to Street
Design and Drainage Calculations Being Prepared by A
Professional Engineer or Registered Land Surveyor
Commissioner Mathews stated the N. C. State Board of
Registration for Professional Engineers and Land Surveyors
by letter dated December 15, 1989, noted that subdivision
road and drainage design is the practice of engineering or
land surveying, and suggested that the County's Subdivision
Regulations reflect that street design and drainage
calculations must be prepared and submitted to the Planning
Department by a licensed professional engineer or registered
land surveyor. He stated the County Attorney has advised
the Board that the language of the existing subdivision
ordinance is not in conflict with nor does it violate State
law; therefore, he would recommend that the ordinance as
written be enforced.
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Motion: After discussion, Commissioner Mathews MOVED,
SECONDED by Vice-Chairman Barfield to request the Chairman
to write a letter to the Planning Staff and County Engineer
informing them that the existing Subdivision Ordinance is
not in conflict with Chapter 89C of the North Carolina
General Statutes which requires a licensed professional
engineer or registered land surveyor to prepare and submit
street design and drainage calculations to the Planning
Department; therefore, the existing Subdivision Ordinance is
to be enforced as written. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ADJOURNMENT
Motion: Commissioner Mathews MOVED,
Commissioner O'Neal to adjourn the meeting
P.M. until Thursday, June 28, 1990, at 9:00
adoption of the 1990-91 County Budget.
MOTION CARRIED UNANIMOUSLY.
SECONDED by
at 12:14 o'clock
o'clock A.M. for
Upon vote, the
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Respectfull~~ubmitted,
(){!~-, if /Y~
~~ F. Harrell
Clerk to the Board
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