1990-10-01 Regular Meeting
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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
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MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 ( CONTINUED)
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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.
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( 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:
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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.
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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.
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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.
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A copy of the report is on file in the Management and Budget
Office.
MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 (CONTINUED)
219
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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:
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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.
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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
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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.
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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.
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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)
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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.
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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".
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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.
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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,
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( 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:
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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.
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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.
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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:
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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.
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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
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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:
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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.
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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.
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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.
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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.
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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)
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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.
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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:
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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.
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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.
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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.
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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:
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Mr. Lloyd C. Brinkley, Jr.
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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)
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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.
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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.
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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.
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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
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MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 (CONTINUED)
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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
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( 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
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MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 ( CONTINUED)
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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.
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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-'-
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MINUTES OF REGULAR MEETING, OCTOBER 1, 1990 ( CONTINUED)
2-33
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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.
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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.
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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.
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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.
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( 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.
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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.
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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.
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Lucie F. Harrell
Clerk to the Board
j