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1990-10-01 Regular Meeting ",... 21;6 MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 1, 1990, at 7:30 o'clock P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners 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 E. J. George, a retired minister, gave the invocation. Commissioner Mathews lead 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 September 4, 1990, and September 17, 1990, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Adoption of Proclamation Designating October as NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH Chairman Retchin removed Item #4 from the Consent Agenda in order to present and read a proclamation designating the month of . October as NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH in Newi Hanover County. Chairman Retchin presented the proclamation to Ms. Barbara Ray, Chairman of the Human Relations Handicapped and Disabled Persons Committee, and encouraged public officials, leaders in business, industry, and labor to become more aware of the activities and programs which promote employment of qualified persons with disabilities. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 25. Discussion of Subdivision Ordinance Governing the Submission of Preliminary Plans for Subdivisions Attorney Lonnie B. Williams, representing the N. C. Professional Engineers in Private Practice, presented background information on enforcement of the Subdivision Ordinance and State Law requiring subdivision plans to be prepared by professional engineers and registered land surveyors. He stated based upon the opinion of the County Attorney and Attorney General, the Board on June 18, 1990, unanimously passed a motion directing the Chairman to write a letter to the Planning Staff and County Engineer informing them of the requirement and specifically calling for enforcement of the Subdivision Ordinance as written.. A letter was written to staff on June 28, 1990; however, within ' less than a month, the Chairman of the Planning Commission, Mr. Paul Foster, presented a preliminary plan and application which was accepted by the Planning Staff and subsequently approved by the Technical Review Committee, whose Chairman, William Sisson, was appointed by Mr. Foster. The plan was not approved by the County Engineer. since learning of this action, attempts have been made to correct this situation through the County Manager and County Attorney; however, due to the advent of a new County Manager and the recent illness of the County Attorney, this si tuation has not been corrected. The Attorney General called attention to the provisions of Chapter 89C, which state, "it ~ . . . " MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 ( CONTINUED) c2/7 ~ shall be the duty of all duly constituted officers of the state and all political subdivisions thereof to enforce the provisions of this chapter and to prosecute any persons violating the same". He requested the County to prevent any further viqlations of the law and revoke the unlawful approval of Mr. Foster's plan by the Technical Review Committee. He commented on the existing conflict of interest with Mr. Paul Foster serving as a member of the Planning Commission and at the same time being involved with preparation of subdivision plans which have to be submitted to the Planning Staff who are responsive to the Planning Commission. Attorney Williams submitted packages of information on the recent violation and respectfully requested the Commissioners to correct and prevent further violations from occurring. Chairman Retchin expressed appreciation to Attorney Williams for bringing this item before the Board and stated regulations have been proposed by the Planning Commission which will be discussed in a joint meeting with the County Commissioners. He stated Attorney Williams will be invited to attend the meeting when the date and time have been scheduled. Vice-Chairman Barfield expressed concern for directing Staff to carry out the subdivision regulations as written and suggested that the County Attorney prepare a written report as to whether the action taken was in violation of the State Law and County Subdivision Ordinance. Consensus: After further discussion, it was the consensus of the Board to request the County Attorney to review the recently approved plan submitted by Mr. Foster and report to the Commissioners on the legal aspects of the action taken. APPROVAL OF CONSENT AGENDA Chairman Retchin requested removal of Consent Agenda Item #18 for discussion as a separate item. Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman Barfield to remove Consent Agenda Item #18, a funding request for the Community Food Center, Inc. and approve the remaining Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval for Release of Parks & Recreation Impact Fees and Approval of Budget Amendment *91-0053 The Commissioners approved the release of Parks & Recreation impact fees for the following capital projects and approved the following budget amendment: Hugh MacRae Athletic Complex - Replacement of well $ 4,000 Myrtle Grove Middle School Restroom/Concession Stand - Purchase of refrigerator/freezer unit - Purchase of 3-compartment sink - Sewer line construction $ 2,800 $ 795 $ 3,800 Budget Amendment *91-0053 - Parks Debit Credit Parks Impact Fees - Park $11,395 Capital Improvements $11,395 Purpose: To budget Park Impact fees to enhance capital projects as listed above. ~ /~/; ( MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 ( CONTINUED) Renewal of Contract #MIS-90-0032 with Coin Telephones, Inc. for provision of Pay Phones in the Jail The Commissioners renewed the contract with Coin Telephones, Inc. for provision of pay phones in the Jail for a period of three years. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. Adoption of Resolution Awarding Bid #FIN-90-0315 to American Uniform Sales, Inc. - Sheriff's Department The following uniform bids were received with Staff recommending award of the low bid to American Uniform Sales, Inc: o American Uniform Sales, Inc. Hub-Stinnette Uniforms, Inc. Robert's Uniforms $19,602.25 $20,641.25 $22,401.25 The Commissioners adopted the resolution awarding the low bid to American Uniform Sales, Inc. in the amount of $19,602.25 for uniforms for the Sheriff's Department. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 25. Adoption of Resolution Awarding Bid #90-0314 to Continental Leasing, Inc. for Purchase of Used Vehicles The Commissioners adopted a resolution awarding the low bid to Continental Leasing, Inc. d/b/a National Car Rental, Wilmington, N. C. in the amount of $31,085 for the purchase of three used vehicles. The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 25. o Award of Contract #ENG-90-0355 to Tri-State Consultants for Spillway Construction at the New Hanover County Landfill The following bids were received with Staff recommending award of the low bid to Tri-State Consultants: Tri-State Consultants Georgetown Enterprises Prepack Concrete $2.00/sg. ft. - No mobilization $2.40/sg. ft. - $1,000 mobilization $6.00/sg. ft. - $1,000 mobilization The Commissioners awarded the low bid to Tri-State Consultants and authorized the Chairman to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Appointment of Ed Vosnock to the "Fireman Relief Fund" Board of Trustees - Castle HaYne Volunteer Fire Department The Commissioners appointed Mr. Ed Vosnock to the "Fireman Relief Fund" Board of Trustees for administration of the fund for the Castle Hayne Volunteer Fire Department. Approval of Cape Fear Community College 1990-91 Budget Resolution The Commissioners approved the Cape Fear Community College 1990-91 Budget Resolution as submitted by the Board of Trustees. The Chairman was authorized to execute the document. o A copy of the Budget Resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 25. Acceptance of Status Report on the contingency Account in the General Fund The Commissioners accepted the status report on the Contingency Account in the General Fund. I ~ A copy of the report is on file in the Management and Budget Office. MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 (CONTINUED) 219 ~ Approval of New Conununity Health Technician Position - Health Department The Commissioners approved a new Community Health Technician position due to continued growth in the Home Health program. Funds will be transferred from the contracted services account in the Home Health budget; therefore, no County funds are needed. Report of Budget Amendment #91-0040 for Entry Into the Minutes The following budget amendment was reported for entry into the minutes: . 91-0040 Non-Departmental/Emergency Management Debit Credit Non-Departmental Contingency $5,071 Emergency Management Fire Expense $5,071 Purpose: To budget funds for expenses related to the landfill fire near the Airport. The Commissioners approved funding up to $15,000 for fire related expenses as follows: Contractor's Charge for Covering the Landfill Wrightsboro Volunteer Fire Dept.'s Expenses Food Expenses Bottled Drinking Water/Area Families Survey of Landfill Water Expense for Extinguishing the Fire Total Expenses $1,905 675 50 1,050 520 871 $5,071 Approval of Budget Amendment #91-0046 - CBA Agencies The Commissioners approved the following budget amendment: . 91-0046 CBA Agencies Debit Credit CBA Agencies CBA Grants $20,455 Non-Secure Detention $20,455 Purpose: To budget grant funds for the Non-Secure Detention Program. The purpose of the program is to reduce the number of juveniles held in secure detention. Juveniles charged with a delinquent offense who could or would be held in secure detention are allowed to remain in the community. The program provides structure, limits, and requires the juveniles to abide by specific conditions. While the grant does not require a local match, funds are budgeted in the FY 1990-91 budget to provide fringe benefits for the program's employee, and the County is responsible if funds are misused. The program is under the direction of the Juvenile Court, and the Cape Fear Substance Abuse Center administers the grant funds. . Report of Budget Amendment #91-0047 for Entry into the Minutes The following budget amendment was reported for entry into the minutes: 91-0047 Non-Departmental/Human Conununity Enrichment Program Services/ Rankin Terrace Debit Credit Non-Departmental Contingency $8,500 ~ ( ? 2 C1rrNUTES OF REGULAR MEETING, OCTOBER I, 1990 (CONTINUED) Debit Credit Outside Agencies/Human Services Rankin Terrace Community Enrichment Program $8,500 Purpose: To budget funds for a portion of salary and fringe benefits in the Rankin Terrace Community Enrichment Program, which provides educational, enrichment, and recreational activities for children in grades K-12 in an effort to help them succeed in school. The Commissioners approved the funding request on September 4, 1990. Report of Budget Amendment i91-0051 for Entry into the Minutes ~ The following budget amendment was reported for entry into the minutes: 91-0051 Non-Departmental/Human Services/Outside Agencies/ Hospice Debit Credit Non-Departmental Contingencies $10,000 Human Services/Outside Agencies Hospice $10,000 Purpose: To budget an additional contribution of $10,000 to the Lower Cape Fear Hospice for FY 1990-91. The additional funding was approved by the Commissioners on September 17, 1990. Adoption of Resolution Accepting an Offer from Lewis Frederick Williams for the Sale of Surplus Property Jointly owned by the City and County The Commissioners adopted a resolution accepting an offer in the amount of $615 from Mr. Lewis Frederick Williams for purchase of surplus property, Tax Parcel No. R0048-l7-008-007. 000, 905 Grace Street. The ad valorem tax value as of 1983 is $650. The ~ offer will be duly advertised for upset bid. \ ~ A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 25. Approval of Contract iPAR-90-0354 with Rabon & Sons, Inc. for Paving Parking Lot Entrance to Snow's cut Park The Commissioners approved a contract with Rabon & Sons, Inc. in the amount of $8,460 for paving the parking lot entrance to Snow's Cut Park. The Chairman was authorized to execute the contract documents. A copy of the contract lS on file in the Legal Department. Award of Contract iSTE-90-0351 to Stone's for Inspection of Generator at the Steam Plant The following bids were received for cleaning of the generator at the Steam Plant: Cleaning and and inspection Stone's, Charlotte, N. C. Industrial Electric Sales, Leland, N. C. $16,250 $17,400 The Commissioners awarded the low bid to Stone's in the amount of $16,250 and authorized the Chairman to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. () DISCUSSION OF CONSENT AGENDA ITEM i18, FUNDING AGREEMENT iOBM-90-0353 WITH COMMUNITY FOOD CENTER, INC. Chairman Retchin stated the purpose of removing this item from the agenda is for the Board to have ample time to ascertain if the newly formed community Food Center, Inc. will work cooperatively as a group and deliver food services satisfactorily. He recommended reducing the funding agreement from $30,000 to $10,000, the normal quarterly funding allocation. i ~ Motion: After discussion, Chairman Retchin MOVED, SECONDED by Commissioner Mathews to approve a funding allocation in the MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 ( CONTINUED) 221 ~ amount of $10,000 to Community Food Center, Inc. for the next quarter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Greer expressed concern for the manner in which the first board meeting of the new agency was called stating many members were not notified. He stressed the importance of all board members being included and providing input for moving this organization forward in order to effectively and efficiently feed the hungry. . Chairman Retchin stated the first meeting was hastily called by a member of the new board in order to incorporate the non-profit agency and allow for the distribution of food commodities as quickly as possible. DESIGNATION OF COMMUNITY FOOD CENTER, INC. AS THE FOOD AGENCY FOR THE DISTRIBUTION OF THE U. S. DEPARTMENT OF AGRICULTURE FOOD COMMODITIES Motion: Chairman Retchin MOVED, SECONDED by Commissioner Mathews to designate Community Food Center, Inc. as the official agency for distribution of food commodities from the U. S. Department of Agriculture. . Upon vote, the MOTION CARRIED UNANIMOUSLY. OFFICIAL OATHS ADMINISTERED TO REPRESENTATIVES OF YOUTH TODAY Chairman Retchin read the goals of Youth Today and administered official oaths to the members present. He expressed appreciation to these young adults for their united effort to make a significant and positive impact on youth in our community. Ms. Rachel Freeman, Chairman of the Youth Today Advisory Group, expressed appreciation to the Commissioners for support of Youth Today and presented a tee shirt to the Chairman with the logo, "Youth Today is Tomorrow". . Commissioner Greer emphasized the importance of students learning about government and recommended sponsoring a local Government Youth Day allowing young adults to participate in the daily operation of County government. City Councilman, Charles Lilley, concurred with Commissioner Greer and suggested that the City and County jointly sponsor a Local Government Youth Day. Consensus: After further discussion, it was the consensus of the Board to request the County Manager to contact the City Manager and arrange for a joint Local Government Youth Day. ADOPTION OF PROCLAMATION DESIGNATING PREVENTION AND AWARENESS MONTH Chairman Retchin recognized, N. Harry Payne, who requested adoption of the month of October 1990 as "Aids Month". OCTOBER 1990 AS "AIDS C. House Representative, a proclamation designating Prevention and Awareness Representative Harry Payne stressed the importance of elected officials taking a primary role in educating our citizens on the prevention of AIDS and promoting comprehensive care for persons afflicted with the disease. . Motion: After reading of the proclamation, MOVED, SECONDED by Vice-Chairman Barfield proclamation as presented. Upon vote, the UNANIMOUSLY. Chairman Retchin to adopt the MOTION CARRIED A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 25. PUBLIC HEARING TO CONSIDER A REQUEST FOR GRANTING A SPECIAL USE PERMIT TO ESTABLISH A CHILD DAY CARE CENTER AT 619 ALBEMARLE ROAD IN CRESTWooD SUBDIVISION (S-320) Chairman Retchin opened the Public Hearing and stated the special use process requires a quasi-judicial hearing; therefore, ~ ( 2~~S OF REGULAR MEETING, OCTOBER 1, 1990 (CONTINUED] persons wishing to testify must be sworn in by the Clerk to the Board. The following person was sworn in: Ms. Jacqueline Tozour Planning Director, Dexter Hayes, stated the Planning Commission voted for approval of the Special Use Permit stating a child day care center in this location would not be disruptive to the surrounding neighborhood. The following Staff findings were presented: o General Requirement #1: The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted based upon the following findings: 1. The proposed use will be located in an existing dwelling. Access to the site is directly to Albemarle Road, a public street. 2. The existing structure has been used for the past three y~ars for child care; however, because the existing center provided care for five or fewer children, no Special Use Permit was required. Centers locating in residential districts with more than five children must obtain a Special Use Permit. 3. The applicant is working closely with Inspections and State Day Care Licensing officials to insure interior improvements comply with design guidelines. No State license will be issued until the applicant has met required State day care sign requirements. General Requirement #2: The proposed use meets all required conditions and specifications based upon the following findings: 1. Child day care is permitted by Special Use Permit on property zoned R-10. This site is zoned R-10. o 2. Seven off-street parking spaces are provided. five are needed for this site. A minimum of 3. The applicant intends to provide ingress and egress to the site so that pick-ups and deliveries can be made without backing onto the street. 4. The play area, located in the rear yard of the structure, is already enclosed with a fence. 5. No outside signage is shown on the site plan. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property based upon the following findings: 1. The center will accommodate up to 10 children, and is located in an existing residence where child care is currently provided for five or fewer children. There is no documented evidence to suggest the current operation has created value hardships for adjoining properties. 18 General Requirement #4: The proposed use is in harmony with the area based upon the following findings: 1. The center will be in an existing residence. renovations are planned. No exterior Chairman Retchin asked if anyone from the general public would like to speak in favor of granting the Special Use Permit for establishment of a child day care center. The following person commented: . ~ MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 (CONTINUED) 223 ~ Ms. Jacqueline Tozour, the petitioner, requested approval of the Special Use Permit in order to expand her current facility. Chairman Retchin asked Ms. Tozour if she agreed with the findings and comments presented by the Planning Director. Ms. Tozour stated she concurred with the findings as presented. Chairman Retchin asked if anyone from the general public would like to speak in opposition to granting the Special Use permi t for establishment of a child day care center. No one commented. . Chairman Retchin closed the Public Hearing. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Greer to grant the Special Use Permit for establishment of a day care center on property located at 619 Albemarle Road based upon the evidence and findings of fact presented which conclude that the four general requirements have been satisfactorily met. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDER GRANTING A SPECIAL USE PERMIT FOR ESTABLISHMENT OF A CHILD DAY CARE CENTER" is hereby incorporated as a part of the minutes and is contained in SUP Book I, Page 43. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR ESTABLISHMENT OF A CONVENIENCE FOOD STORE ON THE SOUTH SIDE OF WRIGHTSVILLE AVENUE, WEST OF ALLEN'S LANE (S-321) Chairman Retchin opened the Public Hearing and stated the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Mr. Allen Coward Ms. Linda Ross '. Planning Director, Dexter Hayes, stated the Planning Commission noted that the proposed design of the facility complied with existing regulations and would not be incompatible wi th surrounding land uses; therefore, the Planning Commission voted unanimously to grant the Special Use Permit as requested. The following Staff findings were presented: General Requirement #1: The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: 1. The site has direct access to a public road (Wrightsville Avenue) . 2. The site is located in the Seagate Volunteer Fire Department District. General Requirement # 2: The proposed use meets all required conditions and specifications based upon the following findings: ~. 1. A convenience food store is permitted by Special Use Permit in the R-15 Residential District. This property is zoned R-15. 2. The gross square footage of the facility is 3,000 square feet. The maximum space permitted by ordinance is 3,000 square feet. 3. The facility would provide for the sale of meats and general merchandise. No fuel sales are proposed. 4. A free-standing sign 26 feet in height with a total sign area of 60 square feet is proposed. 5. The site proposed for this facility is not located within the interior of a subdivision. j ( I I , I I I I I ~ 2 ~WES OF REGULAR MEETING, OCTOBER 1, 1990 ( CONTINUED) 6. Twenty-one off street parking spaces are proposed. exceeds the minimum required by the ordinance. This 7. The total amount of land devoted to the use is .76 of an acre, the maximum allowed is one acre. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity based upon the following findings: 1. The property is located along the south side of Wrightsville Avenue. This road serves as a major link to Wrightsville Beach and accommodates numerous commercial activities on both sides of the corridor. () 2. A 7-foot solid wood fence and vegetative screen provided along the site's southern, eastern and boundaries. wi 11 be western General Requirement #4: The location and character of the proposed use if developed according to the plan as submitted and approved will be in harmony with the area and in general conformi ty with the plan of development for New Hanover County based upon the following findings: 1. A convenience food store with food sales is located just east of this site and Plaza East Shopping Center is across the street to the north. Also, a small mall is located to the west and there are numerous non-residential uses to the east. Other Conditions: 1. All applicable Federal, State and local laws. 2. All buffering shall be located between the property line and fencing. 3. Directional lighting shall be required and must not shine on adjacent residential properties. o Chairman Retchin asked if anyone from the general public would like to speak in favor of granting the Special Use Permit. The following persons commented: Mr. Allen Coward, the petitioner, commented on surrounding commercial uses and requested granting of the Special Use Permit in order to use the parcel of land. Chairman Retchin asked statements and findings of Director. Mr. Coward stated facts as presented. Mr. Coward if he agreed with the fact as presented by the Planning he concurred with the statements and Commissioner Mathews inquired as to how additional buffering will be provided between the fence and property line. Director Hayes stated the fence will have to be moved in order to accommodate the additional buffering and that Mr. Coward is aware of this fact. Ms. Linda Ross, Town Planner for Wrightsville Beach, commented on the proposed use stating the Town of wrightsville Beach does have a Land Use Policy pertaining to development in this area, and they are supportive of the proposed use since it encourages a community business and would not produce additional traffic. She inquired as to whether the use will require a sidewalk for the project and will the signage be in line with other signs in the area? Planning Director Hayes stated a 5 ft. sidewalk will be required and the sign will be 26 ft. in height. () Chairman Retchin asked if anyone from the general public would like to speak in opposition to granting the Special Use Permit. No one commented. Chairman Retchin closed the Public Hearing. MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 (CONTINUED) .~ 225 Motion: After discussion of the need for this type of community business, Commissioner Greer MOVED, SECONDED by Vice-Chairman Barfield to grant the Special Use Permit based upon the evidence and findings of fact presented which conclude that the four general requirements have been satisfactorily met. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDER GRANTING A SPECIAL USE PERMIT FOR PLACEMENT OF A CONVENIENCE FOOD STORE ON WRIGHTSVILLE AVENUE O~POSITE PLAZA EAST SHOPPING CENTER" is hereby incorporated as a part of the minutes and is contained in SUP Book I, Page 43. . PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME AT 1710 OAKLEY LOOP ROAD (S-323) Chairman Retchin opened the Public Hearing and stated the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Ms. Pat Schotten Mr. James Bordeaux Mr. Charles Briggs Planning Director, Dexter Hayes, presented background information on the proposed use and stated the request was made pursuant to the Zoning Ordinance which stipulates that applicants for mobile homes in the R-20 Residential District shall be required to obtain a Special Use Permit. The following Staff findings were presented: General Requirement #1: The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: . 1. The mobile home will be located on nearly one (1) acre of land. Ample area is available to accommodate a well and septic tank. 2. The site is in the Wrightsboro Volunteer Fire Department District. 3. The site has direct access to Oakley Loop Road. General Requirement # 2: The proposed use meets all required conditions and specifications based upon the following findings: 1. Mobile homes are Residential District. permitted by Special Use This property is zoned R-20. in the R-20 2. All setbacks of the R-20 District can be met. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity based upon the following findings: 1. A mobile home is currently located on the property, and the property to the north is developed with a mobile home park. -. .' General Requirement #4: The location and character of proposed use will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: 1. There are other mobile homes in the general vicinity. Chairman Retchin asked if anyone from the general public would like to speak in favor of granting the Special Use Permit. The following person commented: Ms. Pat Schotten, the petitioner, requested approval of the request. ~ ( 2 ~@TEs I OF REGULAR MEETING, OCTOBER 1, 1990 (CONTINUED) Chairman Retchin asked Ms. Schotten if she agreed with the statements and findings of fact as presented by the Planning Director. Ms. Schotten stated she concurred with the statements and findings as presented. Chairman Retchin asked if anyone from the general public would like to speak in opposition to granting the Special Use Permit. The following persons commented: Mr. James Bordeaux, a resident of Oakley Road, expressed no objection to location of single-wide mobile homes in the area, but inquired as to the size of the site meeting the R-20 requirement of 20,000 sq. ft. per lot since a double-wide mobile home is already located on the property. He also expressed concern for the single-wide mobile home located at the entrance of Oakley Road, which was granted through special use, and stated the home has not been tied down or blocked since delivery and has become an eyesore to the neighborhood. c Vice-Chairman Barfield stated the site does accommodate two mobile homes since the area is approximately 43,000 sq. ft. Mr. Charles Briggs, a property owner across the street, asked if ample space is available to meet the setbacks for the well and septic tanks. He also expressed concern for the vacant mobile home at the entrance of Oakley Road stating surrounding properties have been devalued by the condition of this mobile home and asked if the County has any form of regulation that will require the mobile home to be removed or properly maintained on the site. Commissioner Greer inquired as to the regulations for placement of mobile homes on sites and stated he was of the opinion that all new mobile homes were inspected before allowing persons to move in. Planning Director Hayes stated the County does have regulations that must be followed when placing a mobile home on a lot. o Consensus: After further discussion, it was the consensus of the Board to request the Zoning Enforcement Officer to inspect this site to see if the mobile home is in compliance with the County's ordinance. Chairman Retchin closed the Public Hearing. Motion: After further discussion, Vice-Chairman Barfield MOVED, SECONDED by Commissioner Mathews to grant the Special Use Permit based upon the evidence and findings of fact as presented which conclude that the four general requirements have been satisfactorily met. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of " AN ORDER LOCATION OF A MOBILE HOME incorporated as a part of Book I, Page 43. GRANTING A SPECIAL USE PERMIT FOR AT 1710 OAKLEY LOOP ROAD" is hereby the minutes and is contained in SUP PUBLIC HEARING TO CONSIDER REZONING 2.99 ACRES ON THE EAST SIDE OF U. S. HIGHWAY 17 AT OAK RIDGE LANE TO CD (B-1) RETAIL NURSERY FROM R-15 RESIDENTIAL (Z-416) Chairman Retchin opened the Public Hearing and stated the Conditional Use Zoning process requires granting of a Special Use Permit; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following person was sworn in: 0- --... Mr. Lloyd C. Brinkley, Jr. I i I I \ Planning Director, Dexter Hayes, stated the petitioner is seeking a Conditional Use Zoning for expansion of a small wholesale nursery operation. The petitioner plans to construct additional site improvements, including a greenhouse and storage buildings. The Planning Commission unanimously approved the request since the use is consistent with the intent of Conditional Use District and existing land uses. MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 ( CONTINUED) ~ 227 Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the CD (B-1) rezoning request. The following person commented: Mr. Lloyd C. Brinkley, Jr., the petitioner, requested approval of the rezoning in order to expand his wholesale nursery. He stated no opposition has been expressed by residents of the neighborhood. . Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Mathews to rezone 2.99 acres on the west side of U. S. Highway 17 at Oak Ridge Lane to CD (B-1) Retail Nursery from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA "ADOPTED JULY 6, 1971," is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 20. Planning Director, Dexter Hayes, presented the following Staff findings for granting a Special Use Permit: General Requirement #1: The proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted based upon the following findings: 1. The property is located east of and at the entrance to two subdivisions: Oak Ridge and Greenview Ranches. . 2. Access to the site is via Oak Ridge Lane and Greenview Drive. There is no direct access to U. S. Highway 17. 3. The site is located within the Ogden Volunteer Fire Department District. General Requirement #2: The proposed use meets all required conditions and specifications. General Requirement #3: The proposed use will not SUbstantially injure the value of adjoining or abutting property, or that the use is a public necessity based upon the following findings: 1. There is no documented evidence to substantiate this proposal would cause any negative impacts on surrounding residential uses. General Requirement #4: The location and character of the proposed use if developed according to the plan as submitted and 'approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings of fact: 1. A wholesale nursery operation is currently operating on the site. Activities include: maintenance and establishment of nursery stock, a small office, and one storage building. -. Vice-Chairman Barfield commented on the outside equipment and recommended that the equipment be stored after working hours. Chairman Retchin asked Mr. Brinkley if he agreed with the findings and statements as presented by the Planning Staff and the condition requiring storage of outside equipment after working hours. Mr. Brinkley stated he concurred. Chairman Retchin asked if anyone present would like to speak in opposition to granting the Special Use Permit. No one commented. Chairman Retchin closed the Public Hearing. J ( ! 2_~'@'rES OF REGULAR MEETING, OCTOBER 1, 1990 (CONTINUED) Motion: Commissioner O'Neal MOVED, SECONDED by Chairman Retchin to grant the Special Use Permit based upon the evidence and findings of fact as presented meeting the four general requirements and subject to the condition that outside equipment will be stored after working hours. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order "GRANTING A SPECIAL USE PERMIT FOR OPERATION OF A RETAIL NURSERY ON THE NORTHWEST CORNER OF U. S. HIGHWAY 17 AND OAK RIDGE LANE" is hereby incorporated as a part of the minutes and is contained in SUP Book I, Page 43. ~:') PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY FOUR (4) ACRES ON THE SOUTH SIDE OF EASTWOOD ROAD WEST OF HILLSDALE SUBDIVISION TO O-I OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-418 APPEALED CASE) Chairman Retchin opened the Public Hearing. Planning Director, Dexter Hayes, presented background information on the rezoning request stating the Planning Commission determined the proposal could be detrimental to the area because it was unclear as to the type of uses to be ultimately developed on the property. The Planning Staff supported the applicant's request with exclusion of a 28-foot strip of land with a private road that is parallel to the western boundary of Hillsdale Subdivision as well as the exclusion of the two (2) parcels that front the north side of Lexington Avenue. The first exclusion would provide for greater setback distances from Hillsdale Subdivision, and the second exclusion would discourage the use of local streets for on-residential purposes. Chairman Retchin asked if would like to speak in favor following persons commented: anyone from the general public of the rezoning request. The Mr. Wayne Carswell, of the Dunlea Group representing the Dixon heirs and Bethea family, stated the 0-1 zoning is being requested due to changes in land use patterns in this area. He stated R-15 zoning is not practical and that rezoning to 0-1 will allow for the following developments: ( 1) stop intense commercialization in this area; (2) provide an excellent buffer for existing residential areas; and (3) alleviate traffic from passing through residential areas. He requested approval of the rezoning request. (; '-~ Mr. William Jones, representing the Dixon heirs, expressed concern for split zoning on the property and stated an office complex would be an ideal use for the property with recent commercial development. He requested approval of the 0-1 rezoning. Vice-Chairman Barfield stated the major concern of the surrounding neighborhoods was the possibility of B-2 zoning. He stated after discussion with many of the property owners, they are not opposed to rezoning the entire parcel of land to 0-1. Mr. Kenneth Parker, a property owner in the area, commented on the need to improve the appearance of the area and stated he is in favor of the rezoning. 0" Chairman Retchin asked if anyone from the general public would like to speak in opposition to the rezoning request. No one commented. Chairman Retchin closed the Public Hearing. Motion: After discussion of the 28 ft. right-of-way, Vice-Chairman Barfield MOVED, SECONDED by Commissioner Mathews to rezone the property to 0-1 with the exception of a 28 foot right-of-way on the east side of the property. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ A copy of "AN 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 . ~;-,- . I. .....J>. MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 (CONTINUED) ~ 229 incorporated as a part of the minutes and is contained in Zoning Book II, Section 9B, Page 70. PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE BY ADDING "BARBER AND BEAUTY SHOPS" AS A PERMITTED USE IN THE 0-1, PD, B-1, B-2, AND SC ZONING DISTRICTS (A-218) Chairman Retchin opened the Public Hearing. Planning " Director Hayes, stated the Text Amendment was initiated by a citizen and the Planning Commission concluded that the two categories, "barber shop" and "beauty shop" should be added to the Table of Permitted Uses. The Planning Commission felt that these personal service activities would not be incongruent with the purpose and intent of the 0-1 Office and Institution District. They also recommended the category be permitted in the PD, B-1, B-2 and SC Districts as well. Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the proposed Text Amendment. No one commented. Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner 0' Neal to approve adding "Barber Shop" and "Beauty Shop" to the Table of Permitted Uses in 0-1, PD, B-1, B-2, and SC Districts. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 25. PUBLIC HEARING TO CONSIDER SYSTEMATICALLY ASSIGNING HOUSE NUMBERS TO PROPERTIES LOCATED ON INDIAN CORN TRAIL AND CENTRAL AVENUE IN CAPE FEAR AND HARNETT TOWNSHIPS Chairman Retchin opened the Public Hearing. Planning Director, Dexter Hayes, commented on the importance of accurately identifying property in order to provide emergency response and the general delivery of county services. He requested the Commissioners to adopt an order assigning numbers on Indian Corn Trail and Central Avenue. Chairman Retchin asked if anyone from the general public would like to speak in favor of or in opposition to the assignment of house numbers. No one commented. Chairman Retchin closed the Public Hearing. Planning Director Hayes stated a petition has been filed for a name change of Central Avenue; however, the house assignments can be approved but will not become effective until the name change has been considered. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner O'Neal to adopt the order assigning house numbers to Indian Corn Trail and Central Avenue in Cape Fear and Harnett Townships as presented by the Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order assigning the house numbers is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 25. DEDICATION OF PUBLIC BIKEPATH TO NEW HANOVER COUNTY BY LANDFALL ASSOCIATES Commissioner O'Neal stated when approving the Planned Development District for Landfall, the developer agreed to dedicate a public bikepath; therefore, he would like for the bikepath to be dedicated to the public without restrictions. A lengthy discussion was held on the present condition of the bikepath and dedication of the path without public restrictions. Planning Director Hayes recommended dedication of ~ ( 2'3:l!fNUTES OF REGULAR MEETING, OC=BER I, 1990 (CONTINUED) the bikepath to the County within sixty (60) days with repairs being satisfactorily completed. County Attorney Pope inquired as to whether consideration has been given to Landfall maintaining the public bikepath and asked why should it become the responsibility of the County? He expressed concern for liability that could be incurred by the County in operating this facility and recommended resolving the following issues before deciding to accept the bikepath: (1) hours of operation, if opened at night, will lights have to be installed; (2) can pedestrians and bikes use the path simultaneously; and (3) maintenance cost. Planning Director Hayes stated once the bikepath is transferred to the County, these items can be resolved. Motion: After discussion of the public access as a condition of the Planned Development District for the project, Chairman Retchin MOVED, SECONDED by Commissioner Greer to request Landfall to dedicate the bikepath to the County without public restrictions and properly repaired within the next sixty (60) days. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Retchin adjourned the meeting from 9: 27 0' clock P.M. to 9:40 o'clock P.M. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW COUNTY WATER & SEWER DISTRICT BOARD OF COMMISSIONERS Chairman Retchin recessed the meeting to hold a Meeting of the Water & Sewer District from 9:41 o'clock 10:30 o'clock P.M. HANOVER Regular P. M. to APPROVAL OF ASSIGNMENT OF REPUBLIC PARKING LEASE #AIR-90-0350 TO THE AIRPORT AUTHORITY Motion: Chairman Retchin MOVED, SECONDED by Commissioner Greer to approve the assignment of the Republic Parking Lease to the Airport Authority as recommended by the Legal Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF A RESOLUTION AUTHORIZING AN OFFER TO. PURCHASE PROPERTY LOCATED AT THIRD AND CHESTNUT STREETS Commissioner Greer stated he is in favor of the area becoming a park in conjunction with the New Hanover County Public Library; however, he is opposed to the negotiated price of $326,000. He stated the 1983 appraised value including the building was $60,000. Chairman Retchin stated the only other way to obtain the property is through condemnation. Commissioner Greer stated he would not support condemnation. Vice-Chairman Barfield expressed concern for spending this amount of money when thousands of dollars are needed for branch libraries being constructed throughout the County. Commissioner O'Neal stated the point to consider is not the present cost, but the future and how this site will look within the next 50 years. Motion: After discussion of past negotiations, Chairman Retchin MOVED, SECONDED by Commissioner Mathews to adopt a resolution authorizing the County to pay $163,000, one-half of the cost, for purchase of property located at the intersection of Third and Chestnut Streets; enter into an inter local agreement with the City of Wilmington; authorize the Chairman and Clerk to the Board to execute the necessary documents; and authorize the County to share equally with the City any closing costs associated with the transfer of title including but not limited to the cost of a ti tIe search, title insurance, taxes and fees. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Mathews Commissioner O'Neal Chairman Retchin ~ n \ '. '~~:\(... () -~ Q MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 ( CONTINUED) ~3/ -.., Voting Nay: Commissioner Greer Vice-Chairman Barfield A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XVIII, Page 25. . AUTHORIZATION FOR STAFF TO PERFORM A JOINT CITY/COUNTY STUDY OF DAY CARE OPTIONS FOR EMPLOYEES County Manager O'Neal requested the Commissioners to authorize Staff to work with the City in exploring the options available for day care. He commented on studies indicating that employee morale, loyalty and retention are higher when employees are comfortable and satisfied with child care arrangements. He stated the County should not subsidize the service; however, many options are available that will allow for a quality day care at a reasonable cost. Motion: After discussion, Vice-Chairman Barfield MOVED, SECONDED by Chairman Retchin to authorize the County Staff to work with the City Staff in performing a study exploring county employee day care options. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF COUNTY MANAGER'S REORGANIZATION STRUCTURE AND APPROVAL OF BUDGET AMENDMENT #91-0052 County Manager 0' Neal presented a reorganization structure of county government and discussed the following advantages: 1. Provide a more responsive and efficient structure to the citizens. 2. Provide a structure that delineates clearly the lines of communication, authority and responsibility. . 3. Provide a structure that places departments with similar functional relationships reporting to the same deputy or assistant manager. County Manager O'Neal presented changes and budget amendment for reorganization: the following implementing personnel the new 1. Assistant County Manager (Range 83) to Deputy Manager (Range 83) 2. Personnel Director (Range 80) to Director of Human Resources (Range 80) 3. Director of Resource Recovery (Range 84) to Steam Plant Manager (Range 82) 4. Environmental Specialist (Range 77) to Director of Environmental Management (Range 82) 5. Public Services Director (Range 80) to Assistant to the County Manager (Range 73) 6. Solid Waste Planning Director (Range 80) to Recycling Manager (Range 66) . 7. Water & Sewer Finance Director (Range 80) to Deputy Finance Director (Range 80) County Manager O'Neal stated he has discussed the proposed changes with all personnel involved and feels comfortable with the reorganization. He stated the proposed structure will eliminate the position of Director of Engineering & Facilities and create the position of an Assistant County Manager and Environmental Specialist. The monetary effect will reflect an annual savings of over $34,000 in salaries and benefits. The Board commended the County Manager for the reorganization and stated if he is comfortable with the proposed structure, they are in agreement the proposed changes. ~ ( I ~ MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 ( CONTINUED) 003~ Motion: After further discussion, Commissioner Greer MOVED, SECONDED by Commissioner Mathews to approve the reorganization structure, personnel changes, and the following budget amendment as recommended by the County Manager. Upon vote, the MOTION CARRIED UNANIMOUSLY. 91-0052 Various Departments/Non-Departmental Debit Credit GENERAL FUND: o Directors' Office Salaries & Wages Social Security Tax Retirement Medical Insurance Telephone Expense Cellular Expense Postage Expense Printing Charges Departmental Supplies Dues & Subscriptions Training & Travel Insurance & Bonds $116,373 $ 8,910 $ 9,650 $ 3,865 $ 1,212 $ 1,080 $ 300 $ 500 $ 2,000 $ 1,300 $ 4,000 $ 825 Engineering Salary & Wages FICA Retirement Medical Insurance Printing Charges Departmental Supplies $ 57,653 $ 4,410 $ 4,780 $ 3,885 $ 500 $ 500 County Manager's Office Salary & Wages Social Security Tax Retirement Medical Insurance Telephone Expense Postage Expense Printing Charges Departmental Supplies Dues & Subscriptions Training & Travel Insurance & Bonds $ 63,566 () $ 4,862 $ 5,270 $ 3,350 $ 2,292 $ 300 $ 500 $ 2,000 $ 1,300 $ 4,000 $ 825 $133,478 Non-Departmental Contingency RESOURCE RECOVERY FUND Solid Waste Planning Salaries & Wages FICA Retirement $ 3,736 $ 286 $ 308 $115,297 Appropriated Fund Balance Environmental Management Salary & Wages FICA Tax Retirement Medical Insurance Telephone Expense Printing Charges Postage Expense Departmental Supplies Dues & Subscriptions Employee Reimbursement Training and Travel Insurance and Bonds Capital Outlay Equipment $ 84,030 $ 6,428 $ 6,966 $ 4,995 $ 2,000 $ 1,000 $ 500 $ 2,500 $ 500 $ 1,000 $ 3,000 $ 708 $ 6 , 0 0 0-'- o MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 ( CONTINUED) 2-33 ~ Purpose: To adjust departmental accounts according to the reorganization plan. There is a decrease of $133,478 in the General Fund departmental expenditures and an increase of $115,297 in the Resource Recovery Fund. Capital outlay in the Environmental Management Department is for computers and office furni ture. Funds not required for direct expenditures in the General Fund will be added to the contingency account, and the additional funds required in Resource Recovery will come from its fund balance. .-- Commissioner Greer stated he was not involved with the hiring of County Manager O'Neal; however, he would like to compliment him for his job performance. Chairman Retchin stated the Board will review the manager's job performance at the meeting of October 15, 1990. COMMITTEE APPOINTMENTS REAPPOINTMENT OF GEORGE DIAB TO SERVE ON THE NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES Motion: Commissioner O'Neal MOVED, SECONDED by Commissioner Mathews to reappoint Mr. George Diab to serve a five-year term on the New Hanover Memorial Hospital Board of Trustees. The term is to expire September 30, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. NOMINATION OF EUGENE A. LEES AND WILLIAM HOBBS SUTTON TO SERVE ON THE NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES Chairman Retchin opened the floor to receive nominations. Commissioner Matthews nominated William Hobbs Sutton to serve on the Hospital Board of Trustees. . Commissioner O'Neal nominated Eugene A. Lees to serve on the Hospital Board of Trustees. There being no further nominations, Chairman Retchin declared the nominations closed and stated the appointment will be made at the meeting of October 15, 1990. RATIFICATION OF REAPPOINTMENT OF JOSEPH W. WINNER TO SERVE ON THE TOWN OF CAROLINA BEACH BOARD OF ADJUSTMENT Motion: Chairman Retchin MOVED, SECONDED by Commissioner Mathews to ratify the reappointment of Joseph W. Winner to serve as the alternate extraterritorial member of the Town of Carolina Beach Zoning Board of Adjustment. The term will expire May 15, 1993. Upon vote, the MOTION CARRIED UNANIMOUSLY. DESIGNATION OF E. L. MATHEWS, JR. TO SERVE ON THE SENIOR CENTER BUILDING COMMITTEE MEETING Consensus: After discussion, it was the consensus of the Board to appoint Commissioner E. L. Mathews, Jr. to serve as the Commissioners' representative on the Senior Center Building Committee. . APPOINTMENT OF COMMISSIONER ROBERT G. GREER AS VOTING DELEGATE AND COMMISSIONER E. L. MATHEWS, JR., AS ALTERNATE VOTING DELEGATE TO THE LEGISLATIVE GOALS CONFERENCE OF THE N. C. ASSOCIATION OF COUNTY COMMISSIONERS Vice-Chairman Barfield nominated Chairman Retchin. Chairman Retchin stated due to being Vice-Chairman of the Legislative Goals Committee, he would prefer not to serve as the voting delegate and nominated Commissioner Greer. Commissioner Greer stated he would be glad to serve as the voting delegate if he is elected to serve as a County Commissioner in the November election. ~ ( 2 ::rrs OF REGULAR MEETING, OCTOBER I, 1990 (CONTINUED) Motion: After further discussion, Commissioner Barfield MOVED, SECONDED by Chairman Retchin to designate Commissioner Greer to serve as the voting delegate and Commissioner E. L. Mathews, Jr. as the alternate voting delegate. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS DISCUSSION OF REQUESTING THE STATE ,TO PLACE A HISTORIC MARKER FOR RECOGNITION OF THE BATTLE OF JUMPIN RUN Chairman Retchin stated numerous requests have been received for some form of historic monument or marker serving as a landmark for the Battle of Jumpin Run which occurred during the Civil War in the Pine Valley area. (\ '", ~ Consensus: After discussion, it was the consensus of the Board for the County to request the State to place a historic marker in recognition of the Battle of Jumpin Run. ADDITIONAL ITEMS - COUNTY ATTORNEY APPROVAL OF AMENDMENT TO BURN PIT CONSENT ORDER County Attorney Pope requested the Board to approve an amendment to the Burn Pit Consent Order as follows: 5. Arrange for the removal and disposal of two above- ground storage tanks, two abandoned fuel-type trucks and associated underground piping on the site, including the removal and disposal of any sludges and liquids associated with such tanks and piping. Sludges and liquids will be disposed of in the manner established in Paragraph VI. A. 4 of the Consent Order. The disposal of the two above-ground storage tanks, two abandoned fuel-type trucks and associated underground piping will be addressed in the Removal Action Plan. o County Attorney Pope also requested the Board to approve a contract with Soil Remediation Company for disposal of residue of materials removed from the burn pit. He requested authorization for the Chairman to execute the amended Consent Order and authorization for County Manager and/or Environmental Management Director to execute documents for disposal of materials removed from the burn pit. Motion: Commissioner Mathews MOVED, SECONDED by Commissioner Greer to approve the amendment to the Burn Pit Consent Order as requested authorizing the Chairman to execute the documents and to authorize the County Manager and/or Environmental Management Director to execute the necessary documents for disposal of materials removed from the burn pit. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager 0' Neal stated a budget amendment will be prepared for the cost involved with disposal of materials and presented on the next agenda. Copies of the documents are on file in the Legal Department. EXECUTIVE SESSION Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman 0 Barfield to convene to Executive Session to discuss pending litigation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin convened from Regular Session to Executive Session at 11:01 o'clock P.M. Commissioner Greer MOVED, SECONDED by Commissioner Mathews to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. I , \ . . . MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 (CONTINUED) ,.., 235 Chairman Retchin reconvened to Regular Session at 11:49 o'clock P.M. ADJOURNMENT Motion: Commissioner O'Neal MOVED, SECONDED by Commissioner Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 11:50 o'clock P.M. ~~:;= Lucie F. Harrell Clerk to the Board j