1991-03-04 Regular Meeting
3~1
~
MINUTES OF REGULAR MEETING, MARCH 4, 1991
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, March 4, 1991, 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:
Robert G. Greer; William H.
Jr.; Chairman Fred Retchin;
Attorney, Robert W. Pope;
Harrell.
Commissioners Jonathan Barfield, Sr.;
Sutton; Vice-Chairman E. L. Mathews,
County Manager, Allen O'Neal; County
and Clerk to the Board, Lucie F.
Chairman Retchin called the meeting to order.
INVOCATION AND PLEDGE OF ALLEGIANCE
County Manager Allen O'Neal gave the invocation.
Boy Scout Kevin Powell led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Retchin asked if anyone from the general public
would like to present an item not listed on the Regular Agenda or
comment on an item listed on the Consent Agenda. The following
items were presented:
.
Discussion of Tax Levy for FY 1991-92
Mr. Robert Kendrick presented petitions, (which are
finalized and filed in the Clerk's office at a later
requesting the Commissioners to prepare a revenue neutral
for FY 1991-92. He commented on the recession and the
unemployment rate stating the citizens of the County
afford a property tax increase.
to be
date)
budget
rising
cannot
Chairman Retchin expressed appreciation to Mr. Kendrick for
his concern and stated the Board will make every effort possible
to hold the line on property taxes when adopting the FY 1991-92
Budget.
Discussion of Sewer Rates
Ms. Mildred Harris, a citizen of the County, commented on
attending the Zoning Board of Adjustment meeting on February 26,
1991, where she was informed by a member of that Board that the
Chairman of the Water & Sewer District had stated due to
financial problems being experienced by the Water & Sewer
District that sewer bills would be higher than electric bills.
She requested Commissioner Barfield to comment on this statement.
Commissioner Barfield, Chairman of the Water & Sewer
District, stated he did make the statement that, if user fees are
the only mechanism utilized to pay for the sewer system, sewer
bills could be higher than electric bills. He emphasized the
importance of seeking a revenue source for completion of the
Sewer System.
.
APPROVAL OF CONSENT AGENDA
Chairman Retchin stated the County
removal of Consent Agenda #8 in order
contract.
Attorney has requested
to further review the
Vice-Chairman Mathews commented on the sketches enclosed in
the agenda packet for Item #8 and requested Staff, in the future,
to present readable copies which can be interpreted.
Motion: After discussion, Commissioner Barfield MOVED, SECONDED
by Commissioner Greer to remove Item #8 from the Consent Agenda
and approve the remaining items as presented., Upon vote, the
MOTION CARRIED UNANIMOUSLY.
~
MINUTES OF REGULAR MEETING, MARCH 4, 1991 (CONTINUED)
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the retreat on
February 8-9, 1991, and the minutes of the Regular Meeting of
February 18, 1991, as presented.
Approval of Filing for Environmental Health Grant Application
from the U. S. Army Corps of Engineers - Mosquito Management -
Health Department
The Commissioners authorized the filing of an Environmental
Health grant application in the amount of $37,400 from the U. S. ~
Army Corps of Engineers to develop and implement a management \.)
plan for mosquitoes produced on the Corps' dredge disposal
islands. The grant requires no County matching funds and will be
used as follows: (1) salaries of personnel carrying out mosquito
surveillance and insecticide treatment activities; (2) supplies;
and (3) reimbursement costs related to the adulticiding
procedure.
Approval of Juvenile Justice and Delinquency Prevention Grant
Pre-applications for Child Advocacy Commission and Cape Fear
Substance Abuse Center
The Commissioners approved filing of pre-applications by the
Child Advocacy Commission and Cape Fear Substance Abuse Center to
the Governor's Crime Commission for Juvenile Justice and
Delinquency Prevention Grants for FY 1991-92. No County match is
required; however, the County must be the recipient of the grants
and responsible for financial management of funds received.
Approval of Budget Amendment #91-0175 to Budget Additional Funds
for the Wrightsboro Volunteer Fire Department
The Commissioners approved the following Budget Amendment:
91-0175 Fire Service District
Debit
Credit
o
Fire Service District
Fire Service District/
Appropriated Fund Balance
$3,300
Wrightsboro Volunteer Fire Dept.
$3,300
Purpose: To budget additional funds from the Fire Service
District appropriated fund balance for a 150,000 BTU Williamson
Gas Furnace for the Wrightsboro Volunteer Fire Department. This
request was approved by the Board of Fire Commissioners on
November 11, 1990.
Approval of Budget Amendment #91-0180 - Tax Department
The Commissioners approved the following Budget Amendment:
91-0180 Non-Departmental/Tax Department
Debit
Credit
Non-Departmental
Contingencies
$62,333
Tax Department
Contracted Services
Departmental Services
Refunds
Tax Foreclosures
Insurance & Bonds
$26,300
$ 4,000
$18,000
$10,000
$ 4,033
o
Purpose: Increas.es needed in the Tax Department budget due to
the following items:
1. Contracted Services: temporary employees hired for
the re-evaluation were needed longer than anticipated.
2. Departmental Supplies: additional supplies needed due
to the department's move.
\
MINUTES OF REGULAR MEETING, MARCH 4, 1991 (CONTINUED)
369
3.
Refunds: larger than anticipated,
previous years. Refunds are made
erroneously overpaid.
but in line with
when taxes are
4. Tax Foreclosures: larger than expected. County costs
include legal notices, advertising, and attorney fees.
Taxes and County collections costs are subsequently
recorded as revenue.
.
5. Insurance & Bonds: greater than anticipated due to a
recommendation made by the auditors.
Note: The remaining balance in the contingencies account
after this Budget Amendment is $39,589 of which
$10,000 is reserved for the food group.
Budget Amendment *91-0181 Reported for Entry Into the Minutes
The following Budget Amendment was reported for entry into
the minutes:
91-0181 Finance Department/Half-Cent Sales
Tax Fund/Water & Sewer Engineering
Debit
Credit
ADJUSTMENT :
Finance
Transfer In From Half-Cent
$192,500
Contracted Services
$192,500
.
Half-Cent Sales Tax Fund/
Water & Sewer Engineering
Transfer to Other Funds/Sewer
$192,500
Transfer to General Fund
$192,500
Purpose: To provide funds for the FY 1990-91 payment on the new
payroll/personnel system. This item was approved by the
Commissioners on January 22, 1991.
Award of Bid *91-0052 to Professional Vehicles, Inc. of
Annapolis, Maryland, for Purchase of Ambulances
The Commissioners adopted a resolution awarding the bid to
Professional Vehicles, Inc., the lowest responsible bidder, in
the amount of $212,112. The following bids were received;
however, the bid received from Wheeled Coach of North Carolina
did not meet the bid specifications as stated in the bid package
and could not be considered as a responsible bidder:
Wheeled Coach of North Carolina
Professional Vehicles, Inc.
$201,000
$212,112
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 1.
.
PRESENTATION OF PLAQUE TO THE NEW HANOVER HUMAN RELATIONS
COMMISSION IN RECOGNITION OF BEING SELECTED TO RECEIVE THE "DAVID
S. COLTRANE" AWARD
Chairman Retchin, on behalf of the Board, presented a plaque
to the New Hanover Human Relations Commission in recognition of
being selected to receive the 1991 "David S. Coltrane" award. He
complimented the Commission on their outstanding work in
promoting civil and human rights in New Hanov~r County.
Chairman Retchin requested a round of applause for the Staff
and members of the Human Relations Commission.
PRESENTATION OF 1989-90 ANNUAL REPORT BY THE NEW HANOVER HUMAN
RELATIONS COMMISSION
Mr. Ed Mayorga, Chairman of the New Hanover Human Relations
~
370
OF REGULAR MEETING, MARCH 4, 1991 (CONTINUED)
I
t
Commission, presented the 1989-90 Annual Report.
topics were discussed:
The following
1. Mission and Structure of the Human Relations
Commission
2. Administrative Program Review
3. Committees and Task Forces
a. Community Awareness Committee
b. Committee on Handicapped & Disabled Persons
c. Hearing Committee
d. Homeless Persons Committee
e. Human Relations Month Committee
f. Youth Today
()
4. Recognition Awards
5. Statistical Report
Vice-Chairman Mathews complimented the Staff and members of
the Human Relations Commission for an excellent report.
A copy of the report is on file in the Clerk's Office.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
LOCATE A MOBILE HOME AT THE SOUTH WEST CORNER OF CHAIR ROAD AND
ANGUS DRIVE (S-330)
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:
Frank Rivenbark
William C. Rivenbark
()
Staff Planner, Pete Avery, presented slides of the site and
surrounding area for location of the mobile home and stated the
placement of mobile homes is a common use in this community.
Planning Director Hayes presented the following staff
findings:
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 proposed mobile home would be located on a 16.77 acre
farm tract.
2. The unit would be serviced by an on-site well and septic
tank.
3. The site has access to Chair Road and Angus Drive.
4. The property is located within the Wrightsboro Volunteer
Fire Department District.
General Requirement # 2: The proposed used meets all required
conditions and specifications based upon the following findings:
()
1. Mobile homes are permitted by Special Use Permit in the R-20
Residential District. This property is zoned R-20.
2. The minimum required lot size is 20,000 square feet. The
applicant's site is 16.7 acres and the unit will be located
on the half-acre portion of the site devoted to that use.
3. The lot configuration easily permits compliance with the
required setbacks.
~
MINUTES OF REGULAR MEETING, MARCH 4, 1991 (CONTINUED)
371
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 are other mobile homes located in the general vicinity.
2. Lands to the west consist primarily of large undeveloped
acreage tracts.
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. The area is generally rural in nature. Housing consists
primarily of single-family structures and mobile homes on
lots exceeding one-half acre.
Chairman Retchin asked the petitioner, Frank Rivenbark, if
he agreed with the findings as presented by the Planning
Director. Mr. Rivenbark stated he concurred with the statements
as presented.
Mr. William Rivenbark
tank on the back of the
Department regulations and
Angus and Chair Roads.
commented on placement of the septic
lot in order to comply with Health
stated the mobile home will be facing
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to issuance of the Special Use
Permit. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: After discussion, Commissioner Barfield MOVED, SECONDED
by Commissioner Sutton to grant the Special Use Permit based upon
the conclusion that the evidence and findings of facts as
presented do meet the four general requirements. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book I, Page 45.
ACTION DEFERRED ON PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE
SUBDIVISION ORDINANCE FOR EXTENSION OF THE VALIDITY PERIOD
(A-221)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes stated a series of text amendments
were introduced to the Planning Commission on February 7, 1991.
The amendments focused on several critical areas inClUding: (1)
distinctions between construction and preliminary plans; (2) the
issuing of building permits; (3) construction procedures; (4) the
amount of sureties that should be accepted in lieu of incomplete
infrastructure; (5) water and sewer approvals; and (6)
clarification of the validity period of preliminary plans and
their expiration. Due to the complexity of the issues involved,
the Planning Commission appointed a three-member committee to
study the proposals as well as other facets of the Subdivision
Ordinance that may need modification. However, the Planning
Commission decided that immediate action was needed to clarify
the validity period of approved preliminary plans. Historically,
staff has determined that a preliminary plan remains valid as
long as a final plat is filed within twelve (12) months of the
last final plat submittal. If there is a lapse in submission of
more than twelve (12) months and no time extension is requested,
the preliminary plan becomes void and must be resubmitted for
reappraisal. After discussion with the Legal Department, a more
recent interpretation of this section of the Ordinance is that
if a final plat for any portion of the preliminary plan is filed
wi thin the first twelve (12) months, the preliminary plan is
validated and does not expire thereafter. The Planning
~
372
OF REGULAR MEETING, MARCH 4, 1991 (CONTINUED)
Commission felt that an indefinite validity period for
preliminary plans undermines the basic integrity of the
Subdivision Ordinance in that it could preclude the application
of new Ordinance requirements for future sections of projects
that may have lain dormant for years. Therefore, the following
text change was submitted:
The subdivider shall submit a final plat for all or part
of the approved preliminary plan within eighteen (18)
months of the preliminary approval date. If a final plat
or section thereof is not submitted within this eighteen
(18) months in the submittal of any subsequent section,
the plat must be resubmitted as a Preliminary Plan in
accordance with this Ordinance. Otherwise, the prelim-
inary plan approval shall be void, unless an extension of
time is applied for prior to the expiration of eighteen
months (18).
()
Chairman Retchin asked if anyone from the public would like
to speak in favor of or in opposition to the proposed text
amendment. The following person commented:
Mr. Dan Dawson, a Professional Engineer and Registered Land
Surveyor representing First Hanover Bank, expressed concern for
amending the present Subdi vision Ordinance pertaining to
extending the validity period from 12 to 18 months and stated the
present regulation does not need to be changed. He presented a
letter from the President of First Hanover Bank which
respectfully requested the Board to reject the proposed change
since lending institutions will be forced to require commercial
subdivision development loans in New Hanover County to be
completely repaid within 18 months of the date of the preliminary
plan approval. Mr. Dawson requested rej ection of the proposed
amendment, and stated if adopted, existing subdivisions should be
grandfathered in with notification to lending institutions of
their collateral being at risk. ()
\" .
Planning Director Hayes stated typically a developer submits
a preliminary plan which is approved for development of 50-75
lots. The subdivision proj ect is divided into phases with a
final map being submitted for each portion of the preliminary
plan and financing approved "accordingly. The Planning Commission
is concerned about developers who submit and obtain an approved
preliminary plan, but never start the proj ect; therefore, an
expiration date should be established. He cautioned allowing
projects to remain undeveloped with no expiration date stating it
will be difficult to later require a developer to adhere to
minimum standards (which change over a period of time) such as
installation of fire hydrants, sewer and water systems.
Mr. Dawson stated the current ordinance addresses the issues
as stated by the Planning Director through the filing of the
preliminary plat and the 12-month extension.
Chairman Retchin closed the public hearing.
Chairman Retchin stated where no activity occurs some form
of regulations should be established; however, the wording of the
existing ordinance and/or proposed amendment should be better
defined to satisfy the needs of both the County and lending 0"
institutions. ,
Motion: After discussion of a need to further review the
interpretation of the existing regulation and/or the proposed
text amendment to better satisfy lending institutions and address
the concerns of the County, Commissioner Sutton MOVED, SECONDED
by Vice-Chairman Mathews to defer action on this item for further
study and re-submission of another proposal. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
,
MINUTES OF REGULAR MEETING, MARCH 4, 1991 ( CONTINUED)
373
The Planning Director was also requested to notify Mr.
Dawson of the meeting dates of the three-member Planning
Commi ttee, which was appointed to prepare the proposed Text
Amendment, in order to receive input from Mr. Dawson and the
financial institutions when preparing the new proposal.
PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE DEMOLITION LANDSCAPE
LANDFILL REGULATIONS OF THE'ZONING ORDINANCE (A-220)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes stated the Planning Commission
determined further refinement was needed for the section of the
Demolition Landscape Landfill Ordinance concerning an exemption
for the disposal of on-site generated materials. In existing
regulations, the disposal of on-site generated materials as a
result of construction activity within a residential development
is exempted from demolition landfill permit procedures. The
Planning Commission determined that while an exemption might be
useful and could potentially reduce development costs, the
current language allows too many materials to be introduced for
disposal on a given site. The Commission felt that stricter
limits should be applied, not only to the range of debris, but to
its volume. As a result, the Planning Commission voted to
clarify the exemption clause of the applicability section by
specifying the types and the quantity of on-site generated debris
which can be disposed of on site. Specifically, the Commission
recommended limiting the construction of residential projects to
naturally occurring materials such as stumps, limbs, leaves and
dirt to an area not exceeding a 1/2 acre foot. Other debris
generated on site such as concrete, brick, mortar, shingles, etc.
should be placed in a properly permitted landfill.
Chairman Retchin asked if anyone from the general public
would like tO'speak in favor of or in opposition to the proposed
text amendments. No one commented.
Chairman Retchin closed the Public Hearing.
Commissioner Greer inquired as to whether individuals will
actually apply for permits. Planning Director Hayes stated the
intention of the text amendment is to require permits as stated
in Section 69.10-7: "All existing landfills that do not have a
valid permit shall comply with these regulations immediately."
Environmental Management Director, Ray Church, stated the
proposed text amendments will place emphasis on placement of
permitted landfills as well as allow the County to close
non-permitted sites.
Motion: After discussion of the importance of adopting a
regulation to control unpermitted demolition landfills,
Commissioner Sutton MOVED, SECONDED by Vice-Chairman Mathews to
amend Section 69.10, Demolition Landfills, as presented by the
Planning Commission. 'Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of an ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 1.
PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF SEABREEZE
BOULEVARD, SECOND AVENUE, THIRD AVENUE, FOURTH AVENUE AND ALL OF
FIRST AVENUE LOCATED IN SEABREEZE PARK, MASONBORO TOWNSHIP
(SC-52)
Chairman Retchin opened the Public Hearing and asked if the
peti tioner would like to speak on the proposed road closings.
The following person commented:
Attorney Daniel D. Mahn, representing Joey Metts and Jim
Metts, the petitioners, presented background information on the
proposed road closings and requested closing Seabreeze Boulevard
from Third Avenue down to First Avenue (based on a 1912
subdivision map); close the southern ends of Third Avenue and
Fourth Avenue; and close most of Second Avenue and all of First
~
3 /4NUTES OF REGULAR MEETING, MARCH 4, 1991 ( CONTINUED)
Avenue. He stated the roads have never been opened and are
wooded areas.
Planning Director Hayes stated based on contiguous property
boundaries and residential ownership, the partial closing of
Seabreeze Boulevard, Second Avenue, Third Avenue, Fourth Avenue
and all of First Avenue will not "landlock" or preclude road
access; however, the County Engineering Department recommends
that a 30-foot strip of First Avenue, Third Avenue, and Seabreeze
Boulevard remain open for future utility purposes.
Chairman Retchin ask.ed if anyone from the general public 0
would like to speak in favor of or in opposition to the proposed
road closings. The following persons commented:
Attorney Russell Suggs, representing homeowners Arthur B.
Lea and Harry Pridgen, stated the easements were recorded in
1912 and have always been used by the residents as walkways to
Masonboro Sound. He expressed concern for closing roads that
will restrict water access and requested the Board to deny the
road closings as proposed.
Attorney Mahn referred to the map showing the proposed road
closings and stated only the northern part of Seabreeze Boulevard
will be closed; therefore, the residents will continue to have
water access.
Mr. Harry Pridgen expressed concern for closing Third Avenue
which will block access to Benton Avenue. He also expressed
concern for not being notified of the proposed road closings.
After discussion between Attorney Mahn and Mr. Pridgen, it
was concluded that water access would not be denied to the
residents of the neighborhood if the roads are closed as
petitioned.
Mr. & Mrs. Roy Harkin, owners of four (4) lots between First
and Second Avenue, assured Mr. Pridgen that he will have access
to walk through the woods to the water via Third Avenue and
Benton Avenue.
o
Reverend John Ormond, a co-property owner north of the
proposed road closings, spoke in support of the petition.
Chairman Retchin closed the Public Hearing.
Motion: After further discussion, Vice-Chairman Mathews MOVED,
SECONDED by Commissioner Greer to approve closing a portion of
Seabreeze Boulevard, Second Avenue, Third Avenue, Fourth Avenue
and all of First Avenue as proposed by the Planning Staff
including a 30 foot strip to remain open on First Avenue, Third
Avenue, and Seabreeze Boulevard for future utility purposes.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of road closing orders are hereby incorporated as a
part of the minutes and are contained in Exhibit Book XIX, Page
1.
BREAK
Chairman Retchin recessed the meeting for a break from 8:45
o'clock P.M. to 9:05 o'clock P.M.
()
ACTION DEFERRED ON PUBLIC HEARING TO CONSIDER NAMING THREE ( 3 )
ROADS AND SYSTEMATICALLY ASSIGNING HOUSE NUMBERS IN HARNETT
TOWNSHIP IN THE NORTHEASTERN NEW HANOVER COUNTY
Chairman Retchin opened the Public Hearing.
i
I
!
i
\
Planning Director Hayes requested authorization to name
three roads and systematically assign house numbers in the
community of Scotts Hill located in the northeastern corner of
the County. After polling the residents, a majority of property
owners selected the following unduplicated road names: (1)
Kirkland Road, (2) Stephen Church Trail, and (3) Resident Trail.
MINUTES OF REGULAR MEETING, MARCH 4, 1991 (CONTINUED)
375
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
road namings: The following person commented:
Reverend David Foy, an adjacent property owner, agreed with
the Stephen Church Trail road naming; however, he disagreed with
renaming the remaining roads to Kirkland Road and Resident Trail.
He recommended naming the side road from the church, Spicer
Trail, and the road on the right of Market Street to Foy's Drive
and changing the proposed road name, Kirkl~nd Road, to Stephen
Church Trail.
.
Chairman Retchin closed the Public Hearing.
A lengthy discussion was held on the proposed road names and
avoiding a duplication of names.
Motion: After further discussion of the historical value of
Kirkland Road, Vice-Chairman Mathews MOVED to rename Railroad
Road to Kirkland Road and direct staff to re-poll the community
on the names of Foy's Drive and Spicer Drive. THE MOTION FAILED
DUE TO NOT RECEIVING A SECOND.
Commissioner Barfield recommended re-polling the community
for a consensus of names for the roads involved.
Commissioner Sutton questioned Reverend Foy on naming the
road Foy' s Road instead of Foy Road and inquired as to his
preference or intent. Reverend Foy requested the road to be
named Foy's Road.
.
Motion: After discussion of allowing the community to decide on
the road names, Commissioner Greer MOVED, SECONDED by
Commissioner Barfield to defer action on the proposed road names
and direct staff to work with the community in selecting names
for the roads which are not duplicated with a proposal being
presented to the Board at a later date. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
ADOPTION OF RESOLUTION AUTHORIZING QUITCLAIM DEED FOR CONVEYANCE
OF JOINTLY OWNED PROPERTY AT THE INTERSECTION OF EIGHTH AND MCRAE
STREETS
City Manager William Farris presented a map of the site and
the proposed plan for development of a community center at the
intersection of Eighth and McRae Streets. In an effort to
rehabilitate this property to remove a blighting influence on the
surrounding neighborhood, the City has applied for a grant
application for construction of a community center, a police
sub-station, and development of a small park. He requested the
County to convey a jointly owned parcel at this intersection so
that landscaping\ and play equipment can be installed on the
property.
Commissioner Barfield expressed concern for constructing a
community center in an area that is too dangerous for children to
walk through. He commented on the City Council's good faith
effort in trying to rehabilitate this area and stated
establishment of an adult drug rehabilitation center would be
much more appropriate.
.
City Manager Farris expressed appreciation to Commissioner
Barfield for his remarks and stated the City Council feels
rehabilitation of the facility will be the first step in cleaning
up this community.
Motion: After discussion of this being a positive step for the
community, Chairman Retchin MOVED, SECONDED by Vice-Chairman
Mathews to adopt a resolution authorizing a quitclaim deed for
conveyance of jointly owned tax foreclosed property at the
~
( 3~S OF REGULAR MEETING, MARCH 4, 1991 (CONTINUED)
intersection
Wilmington.
of Eighth and McRae Streets to the
Upon vote, the MOTION CARRIED AS FOLLOWS:
City
of
Voting Aye: Commissioner Greer
Commissioner Sutton
Vice-Chairman Mathews
Chairman Retchin
Voting Nay: Commissioner Barfield
A copy of the resolution is hereby incorporated as a part of ~
the minutes and is contained in Exhibit Book XIX, Page 1. \~ )
.
APPROVAL OF CHANGE ORDER TO CONTRACT #STE-89-00-1202 WITH UNITED
MCGILL CORPORATION - STEAM PLANT
Environmental Management Director, Ray Church, requested
approval of a change order in the amount of $45,885 with United
McGill Corporation for replacement of the precipitator duct work
at the Refuse Fired Steam Generation Facility.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Greer to approve the change order amending the contract to McGill
Corporation in the amount of $45,885 as requested by the
Environmental Management Director. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the change order is on file in the Legal
Department.
RE-AWARD OF BID #FIN-90-0286 TO POWERHOUSE MAINTENANCE AND
CONSTRUCTION, INC. - STEAM PLANT
Environmental Management Director, Ray Church, requested
re-award of the bid to Powerhouse Maintenance and Construction,
Inc. in an amount not to exceed $70,000 for mechanical/electrical
and instrumentation services since the contractor has been able
to secure the necessary bonds.
n
Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman
Mathews to re-ward the bid to Powerhouse Maintenance and
Construction, Inc. in an amount not to exceed $70,000 for
provision of mechanical/electrical and instrumentation services.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the original bid resolution was incorporated as a
part of the minutes on October 15, 1990, and is contained in
Exhibit Book XVIII, Page 26.
ENDORSEMENT OF RESOLUTION PREPARED BY CAPE FEAR COMMUNITY COLLEGE
REQUESTING SPECIAL APPROPRIATION FROM THE GENERAL ASSEMBLY TO
FUND THE COLLEGE'S BURN PIT EXPENSES
Chairman Retchin stated the Board of Trustees of Cape Fear
Communi ty College has requested endorsement of their resolution
requesting funding from the General Assembly to assist with costs
involved in cleaning up the Burn Pit site located at the Airport.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Sutton to endorse the resolution prepared by Cape Fear Community
College for State funding assistance to clean up the Burn Pit at
the Airport. Upon vote, the MOTION CARRIED UNANIMOUSLY.
County Manager O'Neal stated this item will be included on
the list of legislative items that will be presented to the
Commissioners at the regular meeting of March 25, 1991.
o
APPROVAL OF NEW HANOVER COUNTY PARTICIPATING IN PART I OF THE
JOINT STORMWATER PROJECT GROUP APPLICATION PROGRAM OFFERED
THROUGH THE NORTH CAROLINA LEAGUE OF MUNICIPALITIES AND THE NORTH
CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS
Assistant County Manager, Dave Weaver, requested
authorization to participate in the Joint Stormwater Project
Group Application Program offered through the League of
Municipalities and the North Carolina Association of County
Commissioners in an effort to reduce costs involved in obtaining
~
MINUTES OF REGULAR MEETING, MARCH 4, 1991 (CONTINUED)
~
.377
stormwater runoff NPDES permits. At present, in order to comply
with U. S. Environmental Protection Agency runoff regulations,
the County may have to obtain up to six permits: (1) the County
landfill; (2) the inactive landfill; (3) the Resource Recovery
facili ty; (4) the County Garage; (5) the Airport; and (6) the
school bus maintenance facility. The County can either obtain
individual permits for each facility at an estimated cost of up
to $35,000 per facility or participate in the group application
program at an estimated cost of $400 to $12,000 per permit.
.'
Commissioner Greer strongly opposed the dictates of EPA
regulations imposed to local governments which become quite
costly to the citizens of the County, and at times, appear to be
ridiculous. He requested the Board to authorize the Chairman to
write a letter to the congressional delegation expressing the
Board's displeasure.
County Manager O'Neal stated at the recent N. C. Association
of County and City Managers' Conference, each manager was
requested by the County Commissioners Association and League of
Municipalities to encourage elected officials to appeal to their
congressional delegation while attending the Legislative Briefing
in Washington, D. C. about federally imposed regulations. He
suggested that the members of the Board attending the conference
may wish to discuss this item with the congressional delegation.
Motion: After further discussion, Vice-Chairman Mathews MOVED,
SECONDED by Commissioner Sutton to authorize the County to
participate in the Joint Stormwater Project Group Application
Program and authorize the Chairman to write a letter to the
congressional delegation expressing concern for costs to local
governments with recent EPA regulations requiring local
governments to obtain stormwater runoff NPDES permits. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
.
RATIFICATION OF APPOINTMENT
REPRESENTATIVE TO SERVE ON
COMMISSION
OF JACQUIE SKINNER AS
THE NEW HANOVER HUMAN
THE YWCA
RELATIONS
Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews
to ratify the appointment of Jacquie Skinner as the YWCA
representative to serve on the New Hanover Human Relations
Commission. The appointment is effective January 1, 1991, and
the term will expire December 31, 1993. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
APPOINTMENT OF GERAMINE F. BREWINGTON TO FILL AN UNEXPIREI 'I'}!:WVi
ON THE NEW HANOVER REGIONAL MEDICAL CENTER BOARD OF TRUSTEES
Chairman Retchin stated eleven (11) applications have been
received to fill the unexpired term on the New Hanover Regional
Medical Center Board of Trustees. He opened the floor to receive
nominations.
.
Commissioner Sutton stated as the County Commissioners'
representative on the Hospital Board of Trustees, he would like
to report that the Trustees feel the applicant should be a
Certified Public Accountant; therefore, after discussion with Ms.
Geramine F. Brewington and review of her background, which
includes internal audit work at Duke University Medical Center,
he would like to nominate this applicant.
There being no other nominations, Chairman Retchin declared
the nominations closed.
Motion: After discussion of the qualified applicants and the
need to obtain a Certified Public Accountant, Commissioner Sutton
MOVED, SECONDED by Commissioner Barfield to appoint Ms. Geramine
F. Brewington to fill the unexpired term on the New Hanover
Regional Medical Center Board of Trustees. The term is to expire
September 30, 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY.
~
378
OF REGULAR MEETING, MARCH 4, 1991 (CONTINUED)
ADDITIONAL ITEMS - COUNTY MANAGER
ACCEPTANCE OF GRANT OFFER FROM THE FEDERAL AVIATION
ADMINISTRATION - AIRPORT
County Manager O'Neal requested acceptance of the grant
offer in the amount of $1,700,000 from the Federal Aviation
Administration for rehabilitation and strengthening of Runway
16/34 referred to as Airport Improvement Program Project
#3-37-0084-11.
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Mathews to accept the FAA grant offer in the amount of $1,700,000
for rehabilitation of Runway 16/34; accept special conditions of
the grant offer as outlined by FAA; and authorize the Chairman to
execute the grant documents. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
o
AMENDMENT TO PROCUREMENT OF VEHICLES REQUESTED IN THE 1990-91
TRANSPORTATION DEVELOPMENT PLAN
County Manager O'Neal requested approval of an amendment to
the contract with the State for installing a handicapped lift on
a van being currently purchased. The amendment will increase the
county's share for the two vehicles from $9,020.87 to $13,000.00.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
sutton to amend the State contract for the purchase of two vans
to include the installation of a handicapped lift on one van
increasing the County's share from $9,020.87 to $13,000.00. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
ANNOUNCEMENT OF PUBLIC HEARING SCHEDULED IN BLADEN COUNTY TO
DISCUSS THE POSSIBLE IMPACT TO THE WATER QUALITY OF THE CAPE FEAR
RIVER UPON CONSTRUCTION OF THE PROPOSED SMITHFIELD PORK PLANT
Chairman Retchin stated a Public Hearing has been scheduled 0
in Bladen County to discuss the possible impact to the water
quality of the Cape Fear River if the proposed Pork Plant is
constructed as planned. He recommended that a representative of
the County attend the meeting to monitor the situation.
County Manager O'Neal stated Assistant County Manager Dave
Weaver will be attending the Public Hearing on March 5, 1991, and
a report will be forwarded to the Board.
TOUR OF THE CORNING PLANT
Chairman Retchin stated the Commissioners have been
requested to participate in a tour of the Corning Plant to better
understand the expansion project.
Consensus: After discussion of dates, it was the consensus of
the Board to schedule the tour after the Legislative Coordinating
Council meeting on April 8, 1991.
DISCUSSION OF CONSTRUCTING CLASSROOMS FOR THE RANKIN ENRICHMENT
PROGRAM
Chairman Retchin stated the City Council has adopted a
resolution requesting a City/County funding match up to $75,000
for construction of classrooms for the Rankin Enrichment Program.
Motion: After discussion of the present rental charge for the 0
use of trailers and the need to construct a simple, basic
structure, Chairman Retchin MOVED, SECONDED by Commissioner
Barfield to request Staff to work with the City in determining
the funds necessary for construction of this facility. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
l
"-
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE WATER & SEWER
DISTRICT
Chairman Retchin recessed the meeting from Regular Session
to hold a Regular Meeting of the Water & Sewer District from 9:50
o'clock P.M. until 10:27 o'clock P.M.
.
.:
.
MINUTES OF REGULAR MEETING, MARCH 4, 1991 (CONTINUED)
3 7 9 ""IIIl
ADJOURNMENT
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 10:28 o'clock P.M.
Respectfully submitted,
~~~
Clerk to the Board
~