1991-10-07 Regular Meeting
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
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Page 640
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, October 7, 1991, at 6:30 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 Jonathan Barfield, Sr.;
Robert G. Greer; William H. Sutton; Vice-Chairman E. L. Mathews, .
Jr.; Chairman Fred Retchin; County Manager, Allen O'Neal;
Assistant County Attorney, Wanda Copley; and Clerk to the Board,
Lucie F. Harrell.
Chairman Retchin called the meeting to order and welcomed
all persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
commissioner Barfield 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:
Adoption of Resolution Addressing Safety Concerns for School
Crossing located on Highway 132 in Front of Trask Middle School
and Laney High School
Ms. Mary Roberts, representing residents of NorthChase
Subdivision, expressed concern for the safety of children
crossing Highway 132 when attending Trask Middle School and Laney
High School. After discussion of the recent accident where a
child was hit, she requested the Commissioners to support the
community in trying to urge the N. C. Department of
Transportation to take the following safety precautions at this
location: (1) reduce the speed limit to 35 MPH; (2) create a
cross-walk; and (3) install a push button at the traffic light.
.
Chairman Retchin, on behalf of the Board, expressed
appreciation to Ms. Roberts for bringing these concerns to the
attention of the Commissioners and recommended preparing a
resolution requesting the Department of Transportation to address
these safety issues.
Motion: After further discussion, Commissioner Sutton MOVED,
SECONDED by Chairman Retchin to prepare a resolution urging the
N. C. Department of Transportation to immediately correct the
school crossing problems in front of Trask Middle School and
Laney High School. The floor was opened for further discussion.
Commissioner Greer recommended requesting the Sheriff to
place a Deputy at the school crossing until this problem has been
resolved.
Amended Motion: Commissioner Sutton AMENDED THE MOTION to
include a Deputy at the school crossing until the problem is .
resolved. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 18.
Discussion was held on the numerous complaints received by
the Commissioners from citizens living in College Acres (Racine
Drive), El Ogden, and NorthChase with reference to requests being
denied by DOT for the installation of safety precautions in high
traffic areas throughout the County. Concern was expressed for
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MINUTES OF REGULAR MEETING,' OCTOBER, ,7, '1991
Page 641
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the Department of Transportation's emphasis being placed on not
impeding traffic flow, and the Commissioners concluded that the
first priority must be safety.
.
Consensus: After further discussion of the need to reduce the
speed limit and provide the necessary traffic precautions in
urban areas of the County, it was the consensus of the Board to
direct the Chairman to write a letter to the N. C. Department of
Transportation requesting that some criteria be developed whereby
residential density areas in the County will be treated the same
as urbanized areas in the City.
Concern for Location of an ABC Store in Ogden
Mr. Herman Hall, representing members of the Ogden Baptist
Church, expressed concern for the location of an ABC store across
the street from the church. He commented on the poor public
notification by the local ABC Board (a small sign posted on the
site) and also expressed concern for an increase in traffic at an
already congested area.
Chairman Retchin stated
statute and has authority
recommended that Mr. Hall
matter.
the ABC Board is regulated by state
to select sites for stores. He
approach the ABC Board about this
Mr. Hall stated members of the church have approached the
local ABC Board with no results.
commissioner Barfield expressed concern for no
ordinance or regulations that would avoid placement of
types of stores in front of churches.
zoning
these
.
Planning Director, Dexter Hayes, stated the County can adopt
zoning regulations; however, the ABC state Board can and does
override local zoning ordinances.
Chairman Retchin, on behalf of the Board, expressed
appreciation to Mr. Hall for presenting his concerns and
recommended that he inform the state ABC Board of the church's
opposition to the site and the lack of public notice.
APPROVAL OF CONSENT AGENDA
Motion: After discussion, Commissioner Greer MOVED, SECONDED by
Vice-Chairman Mathews to approve the Consent Agenda as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes
Meeting of September 16, 1991, and Work Session
1991, as presented by the Clerk to the Board.
of the Regular
of September 16,
.
Ratification of Proclamation Designating October, 1991 as "U.S.S.
North Carolina Month" and October 2, 1991, as "U.S.S. North
Carolina Thirtieth Anniversary Day"
The Commissioners ratified a proclamation
October, 1991 as "u . s . s . North Caro I ina Month" and
1991, as "U.S.S. North Carolina Thirtieth Anniversary
designating
October 2,
Day" .
A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XIX, Page 18.
Adoption of Proclamation Designating the Month of October, 1991
as "Lupus Awareness Month"
The Commissioners adopted a proclamation designating the
month of October, 1991, as "Lupus Awareness Month" in New Hanover
County.
A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XIX, Page 18.
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 642
Authorization to Reclassify the Telecommunications Systems
Specialist position in MIS to Personal Systems Support Manager
The Commissioners authorized reclassification of the
Telecommunications Systems Specialist position (Range 67) in MIS
to Personal Systems Support Manager (Range 75) as recommended by
the Human Resources Director. The duties of the
Telecommunications systems Specialist position were expanded to
include supervision of the personal computer specialists.
Report on 1991-92 Budget Resolution for Cape Fear Community
College
The Commissioners acknowledged the 1991-92 Budget Resolution
submitted by Cape Fear Community college.
()
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 18.
Acceptance of Arts Council Grassroots Grant for the Cape Fear
Museum and Approval of Budget Amendment #92-0050
The Commissioners approved the following Budget Amendment
and accepted the Arts Council Grassroots grant in the amount of
$950 to produce a series of programs complimenting "Wilmington's
Cultural History". The grant will pay for artistic fees, and the
required match is included in the 1991-92 Museum Budget. The
County Manager was authorized to execute the grant documents.
92-0050
Museum
Debit
Credit
Museum
Arts Council/Grassroots Grant
$950
Contracted Services
$950
Purpose: To establish budget for an Arts Council/Grassroots
grant awarded to the Museum.
()
Approval of Reduction of Arts Council Grassroots Grant for the
New Hanover County Library and Approval of Budget Amendment
#92-0051
The Commissioners approved a 10% across-the-board reduction
of the previously awarded $1,000 grant from the Arts Council to
the Library. Funds are being used to bring children's book
author, Ashley Bryan, to Wilmington for lectures. The County
Manager was authorized to execute the grant documents and the
following Budget Amendment was approved:
92-0051 Library
Credit
Debit
Librarv
Arts council/Grassroots
$950
Rent
Travel
Printing
$100
$800
$ 50
Purpose: To establish budget for an Arts Council Grassroots
grant awarded to the Library to be used to bring a children's
book author to Wilmington for lectures.
()
Approval of Budget Amendment #92-0054 for Transfer of Funds from
the Special Fire District to the Myrtle Grove Volunteer Fire
Department for Construction Costs of the New Myrtle Grove
Volunteer Fire Department Building on Carolina Beach Road
The Commissioners approved the following Budget Amendment:
92-0054
special Fire District/Fire Departments
Debit
Credit
Special Fire District/ Fire Departments
Appropriated Fund Balance $200,000
Myrtle Grove Volunteer Fire Dept.
$200,000
.
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Pur~ose: To budget funds for the first allocation of the
construction costs of the new Myrtle Grove Volunteer Fire
Department Building on Carolina Beach Road. On April 24, 1991,
the Board of Fire Commissioners approved an appropriation of
$400,000 to Myrtle Grove for construction of a new building. The
relocation of the Myrtle Grove Volunteer Fire Department is
necessary due to alternations at the Monkey Junction
Intersection.
Ratification of Resolution Accepting Amendment #1 to the Federal
Aviation Administration Grant Agreement for Project #3-37-0084-12
- New Hanover County Airport Authority
The Commissioners ratified adoption of a resolution
accepting Amendment #1 to the Federal Aviation Administration
Grant Agreement for Project No. 3-37-0084-12 to revise the
project description on Page 1 of the grant to read as follows:
Phase II rehabilitate, strengthen, and shoulder
stabilization, runway 16/34; rehabilitate HIRL, runway
16/34 and guidance signs, groove runways 5/23 and
16/34.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 18.
Adoption of Resolutions Adding Roads to the State Highway System
The Commissioners adopted resolutions adding the following
roads to the state Highway System:
section 1 of Fox Run Farm Subdivision (File #674-N)
Southeast Harbor Drive of Southeast Harbor Subdivision (File
#671-N)
Copies of the resolutions are hereby incorporated as a part
of the minutes and are contained in Exhibit Book XIX, Page 19.
Authorization for Partial Release of Penalties and Taxes for Cape
Industries, Inc.
The Commissioners authorized release of $14,000 from the
total penalty of $38,752.70 assessed to Cape Industries, Inc. as
a result of a recent audit. The Tax Administrator recommends
approval of the $14,000 reduction, which represents the release
value of the pollution abatement facility.
Adoption of Resolution Awarding Bid #92-0106 to IBM Corporation
for Installation of a Computer Workstation in the Tax Department
After due advertisement, the following bid was received when
publicly opened on September 24, 1991, for installation of a
Computer Workstation in the Tax Department:
IBM Corporation
$47,684
There being only one responsible bid received, the
Commissioners adopted a resolution awarding the bid to IBM
Corporation in the amount of $47,684 for installation of a
Computer Workstation in the Tax Department. The Chairman was
authorized to execute the resolution and necessary contract
documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 19.
ADOPTION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER AS
"NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH"
Motion: commissioner Barfield MOVED, SECONDED by Commissioner
Sutton to adopt a proclamation designating the Month of October
as "National Disability Employment Awareness Month" in New
Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
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Chairman Retchin, on behalf of the Board, stressed the
importance of employers and citizens of the County becoming more
aware of programs which promote employment of qualified disabled
persons. He presented the proclamation to Ms. Teresa Goldston, a
member of the Committee for Persons with Disabilities of the New
Hanover Human Relations Commission.
A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XIX, Page 19.
PRESENTATION OF STATUS OF THE CHILD CARE RESOURCE AND REFERRAL
PROJECT
Ms. Julie Rehder Jackson, Executive Director, of the Child
Advocacy Commission stated the New Hanover County Department of
Social Services (DSS) has transferred the responsibility of the
child care resource and referral project to the Child Advocacy
Commission as of September 11, 1991. The Department of Social
Services did not have the necessary resources to develop the
program; however, when the program was transferred by DSS a
grant-funded computer program was turned over to the Child
Advocacy Commission. Due to the_ inactive status of the present
agency, Ms. Jackson requested the Board to dissolve New Hanover
Child Care Resource and Referral, Inc. and designate the Child
Advocacy Commission as the entity to organize and develop
administration of a child care resource and referral program as
well as endorse the grant application that has been filed.
<./
Motion: After discussion, Chairman Retchin MOVED, SECONDED by
Vice-Chairman Mathews to dissolve New Hanover Child Care Resource
and Referral, Inc. and designate the Child Advocacy Commission as
the administrator of a child care resource and referral program
with endorsement of the grant application filed by the Child
Advocacy Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY.
RECOGNITION OF WILMINGTON/NEW HANOVER COUNTY BICYCLE ADVISORY
COMMITTEE AND ADOPTION OF BICYCLE POLICY
Planning Director, Dexter Hayes, stated the Wilmington/New
Hanover county Bicycle Advisory Committee was officially
recognized by the Wilmington City Council on March 23, 1982. The
Committee composed of representatives from law enforcement,
transportation, planning, recreation, education, commerce and
bicycle user groups, was formed to serve as a clearinghouse for
coordinating bicycle related efforts in New Hanover County.
Since 1982, the Committee has been involved with education and
safety programs as well as presenting ideas, plans, and projects
which promote bicycle use to local, private, and public groups.
Staff recommends adoption of the policies presented and official
recognition of the Bicycle Advisory Committee and membership as
designated.
Motion: After discussion, Chairman Retchin MOVED, SECONDED by
Commissioner Greer to recognize the Wilmington/New Hanover County
Bicycle Advisory Committee with the members as designated and
adopt the Bicycle Policy as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the Bicycle Policy is on file in the Clerk's
office.
ADOPTION OF COMMUNITY DEVELOPMENT BLOCK GRANT
DEMOLITION/RELOCATION POLICY AND FORMS - PLANNING DEPARTMENT
Staff Planner, Wanda Coston, stated Community Development
Block Grant (CDBG) programs often require homeowners and tenants
residing in a targeted area to be relocated during the course of
a project. Federal guidelines that regulate relocation efforts
are very stringent to ensure that relocatees are not placed or
replaced into substandard housing and are adequately compensated.
In the CDBG Wrightsboro project, several families will need
to be temporarily relocated because the condition of their
dwellings will prevent rehabilitation from being cost effective;
therefore, it will become necessary for the County to adopt a
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Demolition/Relocation Policy to ensure fair and equitable
treatment for those being provided replacement housing.
staff Planner Coston presented further background
information on the proposed policy and requested the Board to
adopt a County Community Block Grant Demolition/Relocation Policy
along with the necessary forms presented in the agenda packet.
.
Commissioner Barfield referenced Page 4, section (b) which
states "the owner agrees to sign a lien against the property
which would prohibit the sale of or placement of secondary
mortgages on the property for a period of 10 years after
construction or acquisition of a new or renovated structure" and
inquired as how additions to these homes can be made within this
time frame?
Assistant County Attorney, Kemp Burpeau, stated the
requirement for no second mortgages was imposed by HUD in order
to avoid the possibility of owners becoming delinquent on second
mortgages which would create foreclosures on the entire property.
commissioner Barfield inquired as to what happens if a death
occurs in the family?
Assistant County Attorney, Kemp Burpeau, stated if the owner
dies, the debt would be automatically cancelled, and the
beneficiaries would receive the property free of liens.
Vice-Chairman Mathews asked if additional costs will be
incurred by the County in carrying out this program? Staff
Planner Coston stated hopefully no additional costs will be
incurred; however, the possibility does exist.
.
Motion: After discussion of the policy minimizing costs with
relocation, Vice-Chairman Mathews MOVED, SECONDED by
Commissioner Barfield to adopt the Community Block Grant
Demolition/Relocation Policy and forms as presented. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the policy is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XIX, Page 19.
County Manager 0' Neal complimented the Planning Staff for
the excellent manner in which the CBDG program is being handled
and stated in most counties many more problems are experienced.
Chairman Retchin, also, complimented Staff Planner, Wanda
Coston, for an outstanding job in administering the program.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER & SEWER DISTRICT BOARD OF COMMISSIONERS
Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman
Mathews to convene from Regular Session to hold a meeting of the
New Hanover County Water & Sewer District. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
.
Chairman Retchin convened from
o'clock P.M.
Regular Session at 7:15
Motion: Chairman MOVED, SECONDED
reconvene to :B,egular Session. Upon
UNANIMOUSLY.
by Commissioner Greer to
vote, the MOTION CARRIED
Chairman Retchin reconvened to Regular Session at 7:22
o'clock P.M.
PRESENTATION OF LETTER FROM WASTE-TO-ENERGY FACILITY EMPLOYEE
Mr. Art Graifer, a Plant Operator of the Waste-to-Energy
Facility, presented a letter to be forwarded to the editor of the
Star-News. He expressed concern for the unsubstantiated
allegations printed in the newspaper which imply that employees
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 646
at the Waste-to-Energy Facility are incompetent and have not
performed their jobs in compliance with the law. He, also,
expressed concern for newspaper allegations that the employees
tried to cover up wrongdoings when the truth is that no one was
aware that notification of the water released into the Cape Fear
River should have been reported.
Vice-Chairman Mathews inquired as to why this item was not
presented under Non-Agenda items at the beginning of the meeting?
()
Mr. Graifer apologized for being late and stated the purpose
of his appearance is to inform the Commissioners that this letter
will be published in the newspaper.
Chairman Retchin stated the Board has received a full report
on the incident, and the general consensus is that the procedures
followed were thought to be correct; therefore, he has no problem
with the letter being published.
ADDITIONAL ITEMS - COUNTY MANAGER
APPROVAL OF CONTRACT #92-0180 WITH THE NORTH CAROLINA STATE
EMPLOYEES CREDIT UNION FOR CONSTRUCTION OF AUTOMATIC TF.T.T.n
MACHINE ON THE DEPARTMENT OF SOCIAL SERVICES PROPERTY
Assistant county Manager, Dave Weaver, presented a contract
with the N. C. state Employees Credit Union authorizing
construction of an automatic teller machine on the the Department
of Social services property. The terms of the contract will
allow the State Employees Credit union to lease the site from the
county on an annual basis beginning with $175 per month for the
first two years and eventually escalating to $275 per month in
the final year. All conditions have been agreed upon by the
State Employees Credit Union, but they have requested final
approval of the lease after review by their legal staff.
commissioner sutton expressed concern for the lease not
being bid competi ti ve. County Manager 0' Neal stated the State
Employees Credit Union contacted the County since their teller
machine was being moved due to renovation of the Glenn Meade
Shopping Center; therefore, no bids were required; however, if
other f inancial institutions are interested in constructing a
teller machine on County property under the same terms, it would
certainly be acceptable.
()
Motion: After discussion of the lease providing additional
revenue for the County, Chairman Retchin MOVED, SECONDED by
Vice-Chairman Mathews to approve the lease agreement as presented
and authorize the Chairman to execute the necessary contract
documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
Chairman Retchin convened from Regular Session for a break
from 7:20 o'clock P.M. until 7:35 o'clock P.M.
WITHDRAWAL OF ITEM #13, A PUBLIC HEARING TO CONSIDER GRANTING A
SPECIAL USE PERMIT FOR REPLACEMENT OF A DOUBLE-WIDE MOBILE HOME
UNIT WITH A SINGLE-WIDE MOBILE HOME UNIT ON MARATHON AVENUE
Chairman Retchin announced that the petitioner, Lawrence A.
Southerland, has withdrawn his petition to locate a single-wide
mobile home on Marathon Avenue; therefore, no Public Hearing will
be held for this request.
()
PUBLIC HEARING TO CONSIDER REZONING .482 OF AN ACRE ON THE SOUTH
SIDE OF GORDON ROAD WEST OF MARKET STREET TO B-2 BUSINESS FROM
R-15 RESIDENTIAL (Z-440, 9/91)
Chairman Retchin opened the ,Public Hearing.
Planning Director, Dexter Hayes, stated after hearing the
applicant's attorney and considering existing commercial zoning
and development in this area, the Planning commission felt the
rezoning was consistent with Land Use Policies, as well as with
zoning trends in the area, and voted unanimously to approve the
rezoning request. The Planning Staff recommends approval of the
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B-2 zoning with the understanding that the westward extension of
this commercial node will not go beyond the abandoned railroad.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of the rezoning request. The
following person commented:
.
Attorney Billy Mason, representing the petitioner,
the petitioner is satisfied with the recommendation
Planning Commission.
stated
by the
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: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sutton to approve rezoning .482 of an acre located on Gordon Road
440 feet west of U. S. 17 as recommended by the Planning
Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA 6 OF NEW HANOVER COUNTY,
NORTH CAROLINA, ADOPTED AUGUST 18, 1971, is hereby incorporated
as a part of the minutes and is contained in Zoning Book I,
section 6, Page 49.
.
PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT TO
ESTABLISH A CHILD DAY CARE FACILITY AT 7708 SIDBURY ROAD (S-337,
9/91)
Chairman Retchin opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
all persons wishing to comment must be sworn in by the Clerk to
the Board.
The following person was sworn in:
Susan Tyner
Planning Director, Dexter Hayes, stated the Planning
Commission determined that the proposed day care facility would
not pose any hardships on the surrounding areas and recommended
granting the Special Use Permit as requested.
The following Staff findings were presented:
General Reauirement #1: The proposed use will not materially
endanger the public health or safety based upon the following
findings:
1. The proposed use would be located in an existing one-story
dwelling.
2. The site has approximately 463 feet of frontage along
Sidbury Road, a State Maintained Highway.
3.
The site is located within the Castle Hayne Volunteer Fire
Department District.
.
4.
The property is served by an indi vidual well and septic
tank.
General Reauirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
1. Off-street parking is required at the rate of one space per
employee plus four for off-street drive-in and pick-up. The
applicant's home is situated on five plus acres, with a
circle dri ve which is more than adequate to accommodate
required parking.
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 648
2. Exit from the home can be accomplished without backing into
the street.
3. A fenced area to the rear of the structure is provided for
an outside play area. (The fence must be at least four feet
in height.)
4. No signage is shown on the site plan.
Preliminary inspections have been completed by the Building,
Health, and Fire Inspectors.
General'Reauirement #3: The proposed use will not substantially
injure the value of adj oining or abutting property or that the
use is a public necessity based upon the following findings:
5.
()
1. A majority of the land on the south side of Sidbury Road in
this general area consists of larger tracts of approximately
five (5) acres. These lands are vacant. Island Creek
Estates, which consists of single family detached structures
on lots averaging close to an acre of land, is located
northwest of the site.
2. The facility will be owner occupied and the house will
continue to be used as a dwelling.
General Reauirement #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:
1.
The additional use of the home for day care does not require
any exterior renovations; therefore, the current residential
character of the structure would not be compromised.
()
2. The limited number of children being cared for should pose
minimal impacts in the neighborhood.
Chairman Retchin asked if the petitioner or anyone from the
general public would like to speak in favor of granting the
Special Use Permit. The following person commented:
Ms. Susan Tyner, the petitioner, commented on the need for
day care services in this area and respectfully requested
approval of the Special Use Permit.
Chairman Retchin asked Ms. Tyner if she agreed with the
findings as presented by the Planning Staff. Ms. Tyner stated
she was satisfied 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
Permit. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Sutton MOVED, SECONDED by commissioner
Greer to grant the special Use Permit for location of a child day
care center at 7708 sidbury Road based upon the evidence
presented and the Board's conclusion that the findings of fact
have satisfactorily met the four general requirements of the
Zoning Ordinance. 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 II, Page 1.
PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT TO
ESTABLISH A CHILD DAY CARE FACILITY AT 142 EL OGDEN DRIVE (S-338,
9/91)
Chairman Retchin opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
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Page 649
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persons wishing to comment must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
.
Karen Tyner
Billie Houle
Teresa Bilodeau
Cathie Welch
Romona Hallman
Joyce pinson
Planning Director Hayes stated approximately eight children
are kept by the applicant and in order to increase the number of
children to twelve, a Special Use Permit must be obtained. At
the Planning Commission meeting, several neighbors spoke in
opposition to the request with their major concern for increasing
existing traffic which will become a safety hazard for children
living in the EI Ogden Subdivision. The Planning Commission
recommended denial of the Special Use Permit based upon the
following reasons:
1. Safe ingress and egress to the site could be jeopardized
because it is located on a curve.
2. Exiting the site without backing into the street appeared to
be difficult.
3. Parking areas are not adequate.
4. Additional traffic demands of the facility would add to peak
period congestion on the street.
.
5. Speed limits are not posted, thus adding to the vehicular
hazards.
After discussion, the Planning Director presented the
following Staff findings:
General Reauirement #1: The proposed use will not materially
endanger the public health or safety based upon the following
findings:
1. The proposed use would be located in an existing single
family structure.
2. The site has direct access to EI Ogden Drive.
3. The site is located within the Ogden Volunteer Fire
Department District.
4. The property is currently served by adequate water and sewer
facilities.
General Reauirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
.
1.
Off-street parking is required at the ratio of one space for
each employee plus four spaces for off-street drive-in and
pick-up. The applicant shows four spaces are provided; but
because she has one other employee, an additional parking
space must be provided.
2.
Access to. the house is via a private driveway.
exit the site without backing into the street.
Cars may
3.
The rear yard will be used as a play area.
fenced to a minimum height of four feet.}
(It must be
4. The applicant will have a sign (12 in. by 12 in.) on the
house identifying the day care operation.
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 650
5. Preliminary on-site inspections have been completed by the
Building, Health, and Fire Inspectors.
General Reauirement #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 and structure will continue to be used for
single-family dwelling purposes (owner-occupied).
()
2.
Limited day care operations in the past have had no
injurious effects.
General Reauirement #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:
1. There are no physical exterior renovations proposed for the
dwelling.
2. The limited number of children should have few adverse
impacts on the neighborhood.
Chairman Retchin asked if the petitioner or anyone from the
general public would like to speak in favor of granting the
Special Use Permit for establishing a child day care facility.
The following persons commented:
Ms. Karen Tyner, the petitioner, commented on the need for
neighborhood child day care centers and stated she concurred with
the findings of fact as presented by the Planning Staff. She
also commented on the conclusions by the Planning Commission and
presented pictures indicating that parking space was available on
the left side of the dwelling. She requested approval of the
Special Use Permit.
()
Ms. Billie Houle, a resident of Queens Point, stated she has
been using the child day care center for three years without
experiencing parking problems. She also expressed satisfaction
with the quality of care.
Ms. Teresa Bilodeau, a neighbor, stated she is not opposed
to expanding the child day care facility since it has never
presented a traffic or noise problem. She stated the children
playing in the street are children from the neighborhood, not
children from the day care center.
commissioner Sutton requested the Planning Staff to present
slides of the site.
Staff Planner, Pete Avery, presented and explained slides of
the site and surrounding properties.
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:
Ms. Cathie Welch, an adjacent property owner, commented on
deed covenants and restrictions in the EI Ogden Subdivision and
stated all lots shall be known as singe-family residential lots
and shall be used for residential purposes only; and no sign or
billboard of any description shall be displayed on any lot other
than private name plates or signs for identification of the
residence.
()
Chairman Retchin stated a violation of the covenants would
have to be addressed by the Court System, not by the Board of
County Commissioners.
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
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Ms. Welch expressed concern for the safety of 19 children
living in the area of whom 11 walk back and forth to the school
bus stop, and stated approval of the use would increase traffic
and endanger the public safety of the children. She also
expressed concern for allowing a business to operate in a
residential district.
Ms. Romona Hallman, a resident of EI Ogden, expressed the
following concerns:
1. Concern for the safety of children living in EI Ogden with
an increase in traffic.
2. Concern for noise.
3. Concern for the care and sanitation of children being kept
in the present day care facility, particularly with
reference to public health since five dogs live inside or
outside of the house plus two horses being placed in the
backyard on some weekends. She recommended inspection by
the Health Department.
Ms. Joyce Pinson, a resident of EI Ogden Drive, expressed
concern for the depreciation of property with the establishment
of a larger child day care center.
Chairman Retchin closed the Public Hearing.
Vice-Chairman Mathews stated,
establishment of this facility would
adjoining properties.
in his
injure
opinion,
the value
the
of
Motion: After further discussion, commissioner Greer MOVED,
SECONDED by Vice-Chairman Mathews to deny the request for a
Special Use Permit to establish a day care facility at 142 EI
Ogden Drive based upon the evidence presented and the Board's
conclusion that the proposed use does not satisfy the Third
General requirement listed in the Zoning Ordinance; namely that
the use will not substantially injure the value of adjoining or
abutting property. The conclusion is based upon the following
findings of fact:
The development of a larger scale child day care center at
this location and the traffic it generates would generally
be incompatible with existing land uses and as a result
would negatively affect property values in the area.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit denying the request is
hereby incorporated as a part of the minutes and is contained in
Exhibit Book SUP II, Page 1.
Consensus: Commissioner Sutton stated, for the record, he is
very much in favor of neighborhood child day care facilities due
to convenience to parents and familiar surroundings to the
children. After further discussion, it was the consensus of the
Board to authorize the Chairman to write a letter to Ms. Julie
Rehder Jackson, Executive Director of the Child Advocacy
commission and encourage this concept to be considered when
establishing the Child Care Resource and Referral Agency for New
Hanover County.
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 652
PUBLIC HEARING TO CONSIDER A REQUEST BY GIL BURNETT TO RENAME A
PORTION OF RIVER ROAD TO RIVERSIDE DRIVE (SN-62, 7/91, CONTINUED
ITEM)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated as instructed by the
Board of Commissioners on July 1, 1991, a poll of all adjoining
property owners between Sanders Road and its terminus at Carolina
Beach Road has been performed. An addressed, stamped postcard
along with a cover letter was mailed to 100 adjacent property
owners as identified on the tax records. The results of the
ballot were as follows:
()
Ballots mailed
Ballots returned
River Road (no change)
Riverside Drive (change)
100
62 (62% response rate)
30 (48%)
32 (52%)
In conclusion, Staff would like to reiterate that a River
Road name change at this time is not warranted for the following
reasons:
1. Road Name Fraqmentation: The separation of one main
collector road into two roads creates a potential risk of
confusion for those who deliver vital services to our
citizens.
2. House Number Assignments: A recent conversion from rural
route and box numbers to a street name and number occurred
in September, 1988. Another change would create an
unnecessary expense and inconvenience to persons involved.
3. Ballot Results: No mandates have been established for the
name change based upon the slim margin of favorable votes.
()
Chairman Retchin asked if anyone from the general public
would like to speak in favor of the proposed road name change.
The following persons commented:
The petitioner, Gil Burnett, requested approval of the
proposed request to rename River Road to "Riverside Road" and
stated the name change would be more representative of the area.
Dr. Philip A. VanCampen, a resident of River Oaks, commented
on inefficient mail delivery in River Oaks for the past four
years and stated another address change will not make a
difference; however, the name change will better describe the
area.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the proposed road name
change. The following persons commented:
Ms. Hazel Klutz, a property owner on River Road, commented
on the historical value of the name, River Road, and stated not
all persons were properly notified or mailed a ballot on the
proposed name change. She expressed concern for recent address
changes and requested denial of this petition.
Mr. J. Searls, owner of Anchor View Mobile Horne
expressed concern for another address change which
problems with the delivery of mail as well as additional
reprinting of business cards, letterhead, bank records,
requested the Board to deny the petition to rename River
Estates,
creates
costs in
etc. He
Road.
()
Ms. Judy Wilson, a property owner on River Road, stated she
did not receive a ballot and did not have an opportunity to vote
on this issue; however, friends in Shipwatch Village, East Bank
Landing, and River Oaks (properties adjoining River Road, but do
not use a River Road address) were given an opportunity to vote.
She expressed concern for the manner in which the poll was
conducted and stated most of the citizens in this area would
prefer that the name remained unqhanged.
.
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MINUTES OF REGULAR MEETING, OC'f'OB~ 7, 1991
Page 653
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Mr. Boyd Knapp, owner of the Carolina Beach Family
Campground located at 9641 River Road, commented on the
inconvenience of address changes, particularly for a business
listing in campground directories throughout the country and
stated each address change has created a loss of revenue for his
business. He requested denial of the proposed name change.
Commissioner Barfield stated he has received
complaints on the ballot survey and inquired as to
Planning staff conducted the poll?
several
how the
Planning Director Hayes stated the County Commissioners at
the meeting of July 1, 1991, requested the Planning staff to
conduct a poll of all adjoining property owners between Sanders
Road and its terminus at Carolina Beach Road. He stated Ms.
Wilson's property does have a River Road address; however, access
to the property is through an easement which technically does not
have property adjacent to River Road.
commissioner Barfield
misunderstanding and stated
that property owners with
received a ballot.
expressed
common sense
a River Road
concern for this
should have dictated
address should have
Assistant County Manager, Dave Weaver, stated Staff will be
glad to conduct another poll; however, the Board must decide if
the proposed name change is beneficial to all persons involved.
commissioner sutton reminded the Board that the issue to
address is whether there is ample reason to change the name of
the road which will create an inconvenience to property owners as
well as to the 911 Center.
Chairman Retchin closed the Public Hearing.
Motion: After discussion of the inconvenience of another address
change and the road name fragmentation creating a problem for
911, Commissioner sutton MOVED, SECONDED by Commissioner Barfield
to deny the petition to change the name for a portion of River
Road. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ALLOW "EATING AND
DRINKING PLACES" AS A SPECIAL USE PERMIT IN THE R-15 RESIDENTIAL
DISTRICT (A-223, 9/91, APPEALED ITEM)
Planning Director, Dexter Hayes, stated the applicant
proposes to amend the Table of Permitted Uses by permitting
"eating and drinking places" as a special use in the R-15
Residential District. The Planning Commission voted 6-1 to deny
the applicant's peti tion with the general consensus that the
proposed Text Amendment was not the right approach since this
change could open up all R-15 zoned lands in the County to the
potential development of this use. The Planning Commission
expressed empathy for the applicant and his current dilemma with
discussion of the following alternatives: (1) allowing
restaurants in residential uses that were historically or
culturally significant to the area; however, no agreement was
reached on how to define "culturally or historically"
significant; and (2) relax the access standards applied to
commercial districts, making it easier to apply for a Conditional
Use District. Since no general consensus was reached on either
suggestion, the Planning Staff was directed to further study the
issue and report back to the Planning Commission if a feasible
alternative could be provided.
After review by the Planning Staff, it was felt that
adoption of the Text Amendment would have county-wide
applications; therefore, the introduction of such facilities in
other residential areas could be a prelude to further residential
decline. Eating and drinking places can also be very transitory
in their permanence of operation and could prove to have
disastrous effects by allowing the construction of commercial
structures in residential neighborhoods. The County is not aware
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 654
of any specific problems created by the current separation and
classification of restaurant type uses. The Planning staff
recommends denial of the request due to opening the door to all
types of potential land use conflicts.
Planning Director Hayes stated the attorney for the
petitioner has filed a modified petition to amend Section 50-2 of
the Table of Permitted Use to include a Historic Restaurant and
would like to present this modification.
Attorney Lonnie B. Williams, Jr., presented a modified
petition to amend Section 50-2, Table of Permitted Use, by
Special Use Permit in the R-15 with the following definition of
Historic Restaurant:
()
Historic Restaurant: A restaurant facility which is located
upon a site which is presently used for restaurant purposes
and which has been in continuous use and operation for
restaurant purposes since the date of the initial zoning
classification of said site pursuant to the official zoning
map of New Hanover County.
Attorney Williams, representing the petitioners, John and
Carol Coble, owners and operators of Trails End Restaurant,
stated since the 1930's the existing property has been used as a
restaurant. Over the years, this site has been become a landmark
as an outstanding restaurant. Presently, the petitioners have
filed a petition to expand the restaurant which requires a
Special Use Permit under the current Zoning Ordinance. After the
hearing before the Planning Commission and the empathy expressed
for the Cobles, discussion was held on a proper way to define a
historic restaurant; therefore, the modified petition has been
prepared and submitted for approval.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
modification as presented. The following persons commented:
()
Ms. Mildred Harris, a concerned citizen, inquired as to the
number of restaurants that would be included in the new category
and asked if the new use is being adopted to accommodate only one
restaurant.
commissioner Barfield agreed with Ms. Harris and stated he
would rather rezone the property insteaq of developing another
use.
commissioner Sutton stated the property does- not meet the
necessary criteria for rezoning due to access and acreage.
Dr. William Sisson, a concerned citizen, expressed concern
in the fairness and application of the law if only one restaurant
is accommodated by the proposed use; however, if other
restaurants are involved in the new category, the proposed
petition would be acceptable. He cautioned adopting a new use to
facili tate the expansion of one person's business, when that
person is a pillar in the community, and questioned whether the
same consideration would be given to an individual of less
standing. He stated new uses and regulations should benefit the
community as a whole, not just one individual.
()
commissioner Greer stated the issue to be considered is that
the restaurant was in existence before County zoning regulations
were adopted, which now do not allow for the expansion of this
facility; therefore, he feels the modification should be
approved, not only for the Cobles but for anyone who is in the
same situation and would qualify under the historic restaurant
use.
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 655
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Chairman Retchin closed the Public Hearing.
Motion: After further discussion, commissioner Sutton MOVED,
SECONDED by Commissioner Greer to approve the modification to
section 50-2 of the Zoning Ordinance by adding the category of a
"Historic Restaurant" to the Table of Permitted Use. 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 XIX, Page 20.
PUBLIC HEARING TO CONSIDER A REQUEST BY SANCO OF WILMINGTON TO
MODIFY THE LANDSCAPING SECTION OF THE ZONING ORDINANCE (A-225,
9/91)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated the applicant has
requested elimination of the buffer requirement for high density
projects consisting of single-family detached structures that
would abut "existing" detached residential, non-high density
development. Currently, the Zoning Ordinance requires that all
high density proj ects, regardless of housing design and type,
locating adjacent to any existing detached residential
development, (excluding mobile home parks, other high density or
planned development districts) be provided with buffer strips.
Also, additional buffer and setback requirements are imposed on
attached residential development in high density projects
adjacent to any existing detached residential structure or
platted lot.
.
After review by the Planning Commission, the Commission
concluded that bufferyards, while serving a useful purpose, may
not always be necessary for higher density development,
particularly if detached single-family lots are being developed.
The Commission reasoned that a degree of compatibility existed
between traditional single family detached units when adjacent to
detached single family units developed under high density
criteria provided that the adjacent high density detached lots
are at least 5,000 square feet. The Planning Commission voted
unanimously to approve the applicant's petition as follows:
. . . . However, no buffer will be required for high density
detached lots provided lots equal or exceed 5,000 square
feet.
Chairman Retchin asked if the petitioner or anyone from the
general public would like to speak in favor of the modification
to the Landscaping Section of the Zoning Ordinance. The
following person commented:
Ms. Lori Wilson, representing the petitioner, Sanco of
wilmington, stated removing the buffering requirement from lots
5,000 square feet or larger will reduce the cost of providing
affordable housing to the community. She respectfully requested
approval of the proposed Text Amendment as recommended by the
Planning commission.
.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the modification of the
Landscaping Section of the Zoning Ordinance. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: After discussion, commissioner Barfield MOVED, SECONDED
by Commissioner Greer to approve the modification to the
Landscaping Section of the Zoning Ordinance as recommended by the
Planning commission. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 656
A copy of the Text Amendment to the Zoning Ordinance is
hereby incorporated as a part of the minutes and is contained in
Exhibit Book XIX, Page 21.
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO THE ZONING
ORDINANCE TO EXEMPT THE APPLICATION OF SLUDGE AS A SOIL AMENDMENT
ON PROPERTY USED AS A BONA FIDE FARM OR FORESTRY OPERATION
(A-222, 8/91)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated this item was first
presented to the Planning commission on August 1, 1991. After a
lengthy discussion that focused on the impact of sludge
applications on surrounding land uses, particularly residential
areas where the odor could create a problem, the Planning
Commission requested Staff to obtain more information from the
state permitting agency. After holding a Special Meeting on
August 21, 1991, with a presentation by Ed Beck, an Environmental
Engineer with the State, the item was rescheduled to be heard by
the Planning commission on September 5, 1991. At that time, the
Commission voted unanimously to approve the proposed Text
Amendment.
After review by the County Attorney, it was determined that
the land disposal of sludge is not applicable to real property
used as a "bona fide" farm operation. Since the County Zoning
Ordinance requires a Special Use Permit for all forms of sludge
disposal in the R-15 Residential District, it is necessary to
amend the ordinance to accommodate the Attorney's determination.
State regulations governing this use will still apply. To
accomplish this, the following text amendment is proposed:
Amend Section 72-33 Septage and Sludge Disposal by adding
the following sentence:
. . . The application of sludge as a soil nutrient on real
property used as a bona fide farm or a bona fide forestry
operation shall be exempt from these zoning requirements.
Note: Staff included the forestry reference because sludge
application has been used with success in other areas and
because it appears to be a practical extension of the use of
sludge as a fertilizer and growth enhancer.
Chairman Retchin asked if anyone present would like to speak
in favor of or in opposition to the proposed Text Amendment. The
following person commented:
Dr. William Sisson, representing the Concerned citizens of
New Hanover County, expressed concern for the following items:
(1) definitions for the terms "bona fide farm" and "bona fide
forestry" and recommended that complete and comprehensive
definitions be provided in the Text Amendment; and (2) exemption
of this use from the special use process.
Vice-Chairman Mathews requested Dr. Sisson to present his
proposals and/or solutions?
Dr. Sisson urged the County to retain its special use
jurisdiction over sludge applications in order for the County to
control the location of sites and obtain the necessary
information from sludge application firms to ensure the safety of
the materials being applied as well as proper monitoring of the
sites. He also expressed concern for well defined meanings to
the terms, "bona fide farm" or "forestry operation" before
adoption of the proposed text change.
Commissioner Barfield state'd in the Rock Hill area of the
County where sludge is being dumped in agriculture fields,
persons living in the Walnut Hill Subdivision have received a
devastating impact.
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 657
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.Motion: After discussion of a need for more County control to
ensure the quality of materials being applied, Commissioner Greer
MOVED, SECONDED by Commissioner Sutton to allow the use to remain
under the special use process and deny the proposed Text
Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
Chairman Retchin convened from Regular Session for a break
from 9:01 o'clock P.M. until 9:10 o'clock P.M.
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.PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT ESTABLISHING "VESTED
DEVELOPMENT RIGHTS" PURSUANT TO NEW STATE LAWS EFFECTIVE OCTOBER
1, 1991 (A-224, 9/91)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated the proposed Text
Amendment was necessitated by recent revisions to the State
Statutes which require establishing vesting development rights
for projects that require notice and a public hearing. After
reviewing the Text Amendment, the Planning Commission voted
unanimously to recommend approval of following text changes:
AMEND DEFINITIONS, SECTION 23 as follows:
ADD: site Specific Development Plan: A land development
plan approved by the County Commissioners following notice
and public hearing which describes with reasonable certainty
the type and intensity of land use for a specific parcel or
parcels. site specific development plans include special
use permits, condi tional use permits, and shopping center
districts.
I.
ADD: Section 23-95 - Zoninq Vested Riqhts: The right
pursuant to G.S. 153A-344.1 to undertake and complete the
development and use of property under the terms and
conditions of an approved site specific development plan.
The duration of vesting shall not exceed two years unless
expressly provided for by the County.
AMEND: SUPPLEMENTARY DISTRICT REGULATIONS as follows:
ADD: vestinq Riqhts: Any site specific development plan
approved by the County pursuant to this Ordinance shall
terminate as follows:
(a)
at the end of the applicable vesting period
respect to buildings and uses for which no
building permit applications have been filed.
with
valid
(b) with the written consent of the affected landowner:
;.
(c) Following recommendations by the Planning Commission
and upon findings by the County Commissioners, by
ordinance after notice and a public hearing, that
natural or man-made hazards on or in the immediate
vicinity of the property, if uncorrected would pose a
serious threat to the public health, safety, and
welfare if the project were to proceed as contemplated
in the site specific development plan;
(d) Upon paYment to the affected landowners of compensation
for all costs, expenses, and other losses incurred by
the landowner, including, but not limited to, all fees
paid in consideration of financing, and all
archi tectural, planning, marketing, legal, and other
consultant's fees incurred after approval by the
County, together wi th interest thereon at the legal
rate until paid. compensation shall not include any
diminution in the value of the property which is caused
by such action;
(e)
Following
and upon
recommendations of the Planning Commission
findings by the County Commissioners, by
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MINUTES OF REGULAR MEETING, O€TOBER 7, 1991
Page 658
ordinance after notice and a hearing, that the
landowner or his representative intentionally supplied
inaccurate information or made material
misrepresentations which made a difference in the
approval by the approval authority of the site specific
development plan; or
(f) Upon the enactment or promulgation of a state or
federal law or regulation that precludes development as
contemplated in the site specific development plan, in
which case the approval authority may modify the
affected provisions, upon a finding that the change in
state or federal law has a fundamental effect on the
plan, by ordinance after notice and a hearing.
MODIFY: CONDITIONAL USE DISTRICT
SECTION 59.7-6: Enforcement (1) Failure to Proceed in a
Timelv Manner: If within twenty-four (24) months.... (Note:
It was eighteen (18) months.)
MODIFY: SPECIAL USE PERMITS
SECTION 70-1(4):....A Special Use Permit issued by the Board
of Commissioners shall become null and void if construction
or occupancy of the proposed use as specified in the Special
Use Permit is not commenced within twenty-four (24) months
of the date of issuance... (Note: It was twelve (12 months.)
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.
Chairman Retchin inquired as to why this regulation is not
required in planned unit development? Planning Director Hayes
stated a master plan of the concept for the project is prepared
for planned unit development with actual plans being submitted as
phases are developed; therefore, PD districts would not qualify
under the listed definitions.
Motion: After further discussion, Vice-Chairman Mathews MOVED,
SECONDED by Commissioner Sutton to adopt the Text Amendment
establishing "vested development rights" pursuant to new State
laws to become effective October 1, 1991, as presented by the
Planning Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Text Amendment to the zoning Ordinance is
hereby incorporated as a part of the minutes and is contained in
Exhibit Book XIX, Page 21.
ADOPTION OF RESOLUTION AWARDING BID #92-0151 TO RITCHIE BROTHERS
AUCTIONEERS, INTERNATIONAL FOR PURCHASE OF TELESCOPING ROUGH
TERRAIN FORKLIFT - WASTE-TO-ENERGY FACILITY
Director of Environmental Management, Ray Church, stated the
Waste-to-Energy Facility leased a forklift from Badger R. Bazen
Rental Company until the company went out of business in the
spring of 1991. Ritchie Brothers Auctioneers, International
purchased the equipment from Badger R. Bazen and approached the
County about acquisition of the forklift. On September 11, 1991,
a formal bid opening was held for a used forklift. The sole
bidder was Ritchie Brothers Auctioneers with a bid of $27,000 for
one used Telescoping Rough Terrain Forklift. Director Church
requested the Board to award' the bid to Ri tchie Brothers
Auctioneers; authorize the use of funds from the Equipment Rental
account in the amount of $10,000; and authorize the use of funds
in the Capital Outlay Equipment account in the amount of $17,000
for purchase of the used forklift.
Motion: After discussion, Chairman Retchin MOVED, SECONDED by
Vice-Chairman Mathews to adopt a resolution awarding the bid to
the only responsible bidder, Ritchie Brothers Auctioneers,
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MINUTES OF REGULAR MEETING, ocroBER 7, 1991
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International, in the amount of $27,000 and to authorize
utilization of funds from the Equipment Rental account in the
amount of $10,000 and from the Capital Outlay Equipment account
in the amount of $17,000 for purchase of the forklift. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 21.
APPROVAL OF CHANGE ORDER #ENG-90-0109-02 TO CONTRACT #ENG-90-0109
WITH DICKERSON CAROLINA, INC. - NEW HANOVER COUNTY LANDFILL
Director of Environmental Management, Ray Church, stated the
proposed change order in the amount of $27,550.09 is due to
changes that were necessary during the closure of Cell #2. The
primary changes were as follows: (1) additional repairs to the
existing liner to ensure a secure seal between the top and bottom
liners; (2) one vertical well was eliminated as the Engineer
determined it was not needed; (3) the construction of the
spillways was changed from stone rip rap to fabriform to provide
better protection of the liner system; and (4) additional geonet
and geotextile were required to provide adequate material to the
anchor material. Staff recommends approval of the change order
to Dickerson Carolina, Inc. as presented.
.
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Greer to approve the change order in the amount of $27,550.09 as
presented by the Director of Environmental Management. The
Chairman was authorized to execute the necessary documents. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF CHANGE ORDERS #STE-90-0011-02 & 03 TO CONTRACT
#STE-90 -0011 WITH ELDECO, INC. - WASTE-TO-ENERGY FACILITY
Dr. Stanton M. Peters, the consulting engineer, stated the
proposed change orders are for electrical work for items that
were not included in the contract with Eldeco, Inc.
.
The following change orders were presented:
Change Order #90-0011-02
.
Furnish & Install Battery and Battery Charger
Provide Electrical Feed to AC-1 & AC-2
Provide UPS Feeds to all three Forney Cabinets
Provide Electrical Feeds for EF-13 & EG-17
Add Control Relays to Acid & Caustic Pumps
Revised Feeds for ELP-3
Add'l Wires from Old Control Room to DCS
Install Gas Burner Panel
Add'l Electrical Feeds for Acid & Caustic Pumps
Add'l Ground For DCS
Rewire Fly Ash Conveyor
Add'l Cables for the Forney System
HOA Switch for the CBD/IBD Control Panel
480 Volt Power Supply for Fan Dampers
Motion Failure Alarms/Sensing Probes for Conveyor
Rework Conduit at Conveyor Opening
Motor Heaters for Alternator Controllers
Repair Conveyor Wiring
Power Supply for Hydraulic Cabinet
Boilout Overtime
Conveyor Stop/Locks
Wire for Soot Blowers
Add'l Work on Air Compressors
Credit for Installation of Transformer & Cable
Replace Cable & Conduit Torn Out by Backhoe
TOTAL
Change Order #90-0011-03
Dump Valves
Power Feed for Sump Pump at Tipping Floor
Changing Generator Current Transformers
Transformer Power Supply
$ 5,000.00
905.64
1,142.00
1,064.80
323.00
1,768.43
3,838.01
883.69
738.84
379.48
658.19
2,357.17
203.07
783.48
15,686.04
150.31
622.21
288.79
428.17
110.26
1,095.43
280.53
866.10
(-5,874.00)
6.814.97
$40.514.61
$ 658.10
1,033.36
68.13
517.63
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 660
Programmable Controller
Generator Grounding
Addition of Level Control to CBD/IBD Tank
Pull control wire from Turbine Generator #1
Skip Hoist Control Panel
Change site Lighting Wire size
TOTAL
2,457.80
811. 55
1,526.92
3,064.07
476.90
1.738.42
$12.352.88
COnimissioner Barfield inquired as to whether the work has
been performed on the items listed. Dr. Peters stated the work
has been performed and completed.
()
commissioner Barfield strongly objected to presenting change
orders in this amount for work that has already been performed.
A lengthy discussion was held on the items listed and the
percentage of change orders on the project. Commissioner
Barfield inquired as to whether the change orders are for the new
facility or the old facility? Dr. Peters stated the change
orders are for the new facility.
Further discussion was held on the design of the system and
fast tracking the proj ect. Vice-Chairman Mathews commented on
Item #1 and requested an explanation of the $5,000 which
indicated that the original documents were not clear. Dr. Peters
stated the contractor felt the documents were ambiguous, which in
his opinion were not; however, he would accept the blame for this
error and stated the price of $7,700 has been negotiated down to
$5,000.
commissioner Sutton stated when a project is fast tracked,
these types of change orders develop because the entire set of
plans is not drawn and bid at the beginning of the project. Dr.
Peters stated this type of project does have more change orders,
but money is saved and as of this date the project is going to be
completed at the projected budget figure.
()
Chairman Retchin questioned whether the project is a fast
track project since the project has been underway for three
years; however, he does feel the County has paid much less for
this state-of-the-art facility than have other local governments
throughout the state and country.
Motion: After discussion of the work
.Commissioner Sutton MOVED, SECONDED
approve Changer Orders #90-0011-02 & 03
the MOTION CARRIED AS FOLLOWS:
already being performed,
by Chairman Retchin to
as presented. Upon vote,
voting Aye: Commissioner Greer
commissioner Sutton
Vice-Chairman Mathews
Chairman Retchin
Voting Nay: Commissioner Barfield
commissioner Barfield stated, for the record, he cannot
support additional funds for work that should have been included
in the original contract.
DEFERRAL OF ACTION ON CONTRACT #92-0178 WITH STANTON M. PETERS &
ASSOCIATES, INC. TO PROVIDE CONTINUING ENGINEERING SERVICES AND
PLANT OPERATION OVERSIGHT - WASTE-TO-ENERGY FACILITY
County Manager O'Neal commented on the proposed contract and
stated Staff, the County Attorney, and the Waste-to-Energy
Advisory Task Force have reviewed the contract and feel this
service is absolutely necessary. He stated the Director of
Environmental Management will be glad to answer any questions.
()
Director of Environmental Management, Ray Church, stated
Stanton M. Peters & Associates, Inc. has been requested to offer
a proposal and scope of services to provide continuing
engineering services and plant operation/maintenance oversight.
The following scope of services would be provided by Stanton M.
.
.
.
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MINUTES OF REGULAR MEETING, ocroBER 7, 1991
Page 661
t~i.t~f ' "~~
Peters & Associates, Inc. to the County for six months at a cost
of $30,000 plus expenses with an option for monthly renewal at
$5,000 per month plus expenses:
SCOPE OF SERVICES
MONITOR PLANT OPERATION:
1.1 visit the plant to audit the operations and assist
plant operation personnel in the correct operation of
the plant. Initially, visits will occur every two
weeks. After the operation has stabilized, the visits
will be monthly.
1.2 Work with the plant manager to update the plant's
operating procedures and to establish upset procedures
and contingency planning.
1. 3 Monitor the operating logs and reports generated from
the plant's operation to assist the Department of
Environmental Management in ensuring that the plant is
operated in compliance with all the operating permits.
MONITOR PLANT MAINTENANCE:
2.1
Monitor the plant
proper maintenance
systems.
maintenance operations to ensure
practices for all equipment and
2.2 Maintain a complete duplicate copy of the Datastream
maintenance software system in order to be able to
assist the County in ensuring that adequate maintenance
management practices are being made.
2.3 Maintain a complete set of 0 & M manuals of the plant
with necessary updates. Issue periodic updates and
corrections to the plant.
2.4 Maintain copies of the software for all the
programmable logic controllers (PLC) employed in the
plant, and assist the plant technicians in making
changes when necessary to improve the operation of the
facility.
2.5 Maintain all programs and controlling settings for the
Distributed Control System (DCS) and assist the plant
technicians in updating and maintaining the system.
2.6 Assist the plant management in maintenance planning and
the upgrading and replacement of various systems in the
facility.
TRAINING:
3.1 The plant manager, assistant plant manager, shift
supervisors, and operators will be required by EPA to
be certified operators of Municipal Solid Waste
incineration plants by January 1, 1993. The
certification examination is being prepared by the ASME
Solid Waste Division of which Dr. Peters is a committee
member.
3.1.1
Stanton M. Peters & Associates will work
with the County to establish a training
program to enhance the ability of the plant
personnel in obtaining this certification.
3.2 Assist the County in establishing an on-going training
program for operation and maintenance personnel.
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 662
REPORTING
4.1 A monthly status report in letter form will be issued
on the plant operation.
4.2 A monthly status report in letter form will be issued
on the maintenance program.
4.3 A comprehensive report covering all aspects of the
facility operation will be produced at the end of the
six-month contract period. This report will include
sections on the operation, permit compliance,
maintenance, general and specific condition of the
facility, performance of the operating personnel, and
budget recommendations for the facility.
()
PROJECTIONS AND RECOMMENDATIONS
5.1 Projections for the next year will be produced at the
end of the six-month contract period.
5.2 Recommendation for operational changes in the facility
will be formulated and submitted.
DESIGN SERVICES
6.1 Design services as agreed upon and as required will be
performed for plant additions and modifications.
commissioner Barfield inquired as to when the
Waste-to-Energy Advisory Task Force will present recommendations
for effectively and efficiently operating the plant. He
expressed concern for no qualified personnel to run and operate
the plant and strongly opposed having to continue to disburse
additional funds for this type of training.
()
County Manager 0 'Neal stated the recommendation from the
Advisory Task Force will be presented within the next two months.
commissioner Greer expressed concern for approving the
proposed contract with Dr. Peters without completion of the
current contract. He recommended deferral of this contract until
the project has been completed.
Dr. Peters stated he is in the process of completing the
current contract. The operators have received 6-8 weeks of
training; maintenance personnel have been administered training
on the various systems; acceptance tests on the major systems
have been documented; the boiler stoker will burn 250 tons of
waste per day and produce 70,000 lbs. of steam per hour; the new
boiler will run for six months wi thout maintenance; a
representati ve from Volund will work in the control room with
maintenance personnel for 30 days to ensure proper cleaning of
the stoker and setting of controls; and 30 to 40 instruction
manuals defining the equipment have been compiled into two
volumes.
commissioner Barfield inquired as to whether subcontractors
will have to be paid to repair equipment if the equipment fails?
Dr. Peters stated if the equipment fails with no fault of the
operator, the company will repair the item free of charge;
however, if an item is damaged through error, the County will
have to pay for the repair.
o
Chairman Retchin inquired as to whether a maintenance
schedule has been prepared. Dr. Peters stated this schedule is
in the process of being prepared, but due to bookkeeping work not
being complete, the schedule is not finished.
Further discussion was held on the compilation of a
maintenance schedule. Chairman Retchin stated the scope of
services provided by stanton M. Peters & Associates, Inc.
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 663
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specifically stated that a manual would be compiled listing
maintenance schedules. Director Church stated the maintenance
schedule information has been prepared by Dr. Peters; however,
this information has not been entered into the computer due to
just recently filling a data entry position.
Dr. Peters stated the schedule as referenced by Chairman
Retchin has been provided and suggested that he visit the plant
to see how this data has been compiled.
.
commissioner sutton inquired as to what other items are to
be finished before the plant is completed?
Dr. Peters listed the following items: (1) the air
pollution control equipment has been tested and, hopefully, the
resul ts will be returned shortly; (2) the continuous emission
monitoring system has been running for 2-3 months and checked by
the manufacturer with some computer software to be entered into
the system; (3) punch list items from the electrical contractor
should be finished this week; (4) roof items should be finished
within the next two weeks; (5) two computers must be connected
into the instrumentation and control system by Forney; (6) the
mechanical contract is completed; and (7) the major equipment is
running.
Commissioner sutton inquired as to the percentage of payment
to stanton M. Peters & Associates, Inc.?
Director Church stated approximately 99% of the contract
with stanton M. Peters & Associates, Inc. has been paid.
.
vice-Chairman Mathews commented on reasonable expenses and
inquired as to what expenses would be paid. Dr. Peters stated
reimbursement for out-of-pocket expenses would be billed to the
County.
Director Church stated the primary purpose for continuing
the services of Dr. Peters is to assist staff and operators to
completely understand the different systems and manuals of
operation. He emphasized the importance of having an expert
available to assist with many unknowns that may occur during the
initial period of operation.
Commissioner Barfield strongly disagreed with this procedure
and stated a consultant should never leave a proj ect of this
complexi ty without having a trained person to remain on site
until the operators have been trained. He stated this service
should be provided by the consultant with no additional charge.
A lengthy discussion was held on the need for additional
training of staff and operators at the Waste-to-Energy Facility.
County Manager 0' Neal stated in other areas with facilities of
this type, it is not uncommon for the designer to have an
on-going relationship with the facility in order to provide
training through the first year.
.
commissioner Greer complimented Dr. Peters for bringing the
project within the budgeted figure and stated additional training
is needed; however, one contract should be completed before
entering into another; therefore, he would recommend no action on
the proposed contract until a date has been established for
completion of the original contract.
Dr. Peters stated the contract should be completed wi thin
the next month. He stated if the Board desires to hire another
consultant, then they should do so, but he strongly recommends
providing additional training to employees at the Waste-to-Energy
Facility. ,
Motion:
presented.
Chairman Retchin MOVED to approve the
The floor was opened for discussion.
contract
as
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 664
Vice-Chairman Mathews commented on training and asked Dr.
Peters the amount of time needed to train the personnel and staff
to feel comfortable with running the Waste-to-Energy Facility.
Dr. Peters stated training is an on-going process and it ~s
difficult to place a time limit on this item.
commissioner sutton stated the Waste-to-Energy Advisory Task
Force will be presenting their recommendations shortly which will
address the personnel needs for the facility; however, until
these procedures can be implemented, an expert is needed at the
facility.
()
Mr. William Funderburg, a resident of 4321 Blue Clay Road,
expressed appreciation to County Manager 0' Neal and Assistant
County Manager, Dave Weaver, for discussion of concerns about the
proposed contract. The following statements were presented:
1. The proposed contract with stanton M. Peters & Associates,
Inc. is a direct conflict with the original contract which
paid the consultant $2.3 million. The contract is still in
force.
2. The proposed contract is ambiguous and mute since it should
not preempt the original contract.
3. The Board should consider re-contracting with R. W. Beck &
Associates to perform another study to review all contracts
involved with the $27 million expansion in order to fully
explain the present contract and thirty-two changes orders.
4.
Time is of essence since the Board must consider vendor
warranties, guarantees, performance bonds, etc.; therefore,
the County must know exactly where we stand on the contract
with stanton M. Peters & Associates, Inc.
()
5. Obtain the services of the Health Director to become
involved with hygiene and safety of the new Waste-to-Energy
Facility under state hazardous waste permit regulations for
the facility.
6. stanton M. Peters & Associates, Inc. are responsible under
the $2.3 million contract for all EPA compliance permits for
the Waste-to-Energy expansion.
Mr. Funderburg commented on miscommunication between Dr.
Peters and the County Administrative staff and recommended that a
study be performed by R. W. Beck & Associates as soon as
possible.
Mr. Funderburg commented on the term "fast tracking" a
project and expressed concern for the loss of taxpayers' money
under this type of procedure. He commented on the bid from
Volund for the new boiler, which is a superior piece of
equipment, and stated the old boilers should have been scrapped
instead of spending money for retro-fits, which costs almost as
much as new boilers, which would have met all EPA regulations.
He also expressed concern for possible penalties due to
noncompliance of air emission regulations since the old boilers
do not receive the NOX treatment.
()
commissioner Sutton stated the Waste-to-Energy Task Force
will be recommending performance of a study.
Mr. Funderburg commented on the composi tion of the
Waste-to-Energy Advisory Task Force and stated many of the
members are chief executive officers of plants that have violated
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
J':,lfi
Page 665
EPA air emission and water quality regulations. He cautioned the
cost of fines to the taxpayers and requested performance of a
study as soon as possible.
Motion Amended: After further discussion of the need to complete
the original contract, Chairman Retchin MOVED, SECONDED by
Commissioner Sutton to complete the existing contract before
approving the new contract with Stanton M. Peters & Associates,
Inc. The floor was opened for discussion
.
County Manager 0' Neal recommended presenting the proposed
contract at the meeting of November 4, 1991, at which time the
Board can better determine the completion date of the existing
contract with Stanton M. Peters & Associates, Inc.
Motion withdrawn and Consensus: Chairman Retchin withdrew the
motion and it was the consensus of the Board to defer action on
the proposed contract until the meeting of November 4, 1991.
Consensus: After further discussion, it was the consensus of the
Board to schedule a Work Session at the Waste-to-Energy Facility
for a status report and tour of the expanded plant after the
Special Work Session on October 21, 1991.
BREAK
Chairman Retchin convened from Regular Session for a break
from 10:45 o'clock P.M. until 10:57 o'clock P.M.
ADDITIONAL ITEMS
COUNTY COMMISSIONERS
.
APPROVAL OF TWO ADDITIONAL BAILIFFS FOR THE COURTS - SHERIFF' S
DEPARTMENT
County Manager O'Neal presented a letter written to Sheriff
Joe McQueen from Chief District Court Judge Charles E. Rice, III
requesting five new bailiffs for the Courts by November 4, 1991.
He stated Sheriff McQueen is present and would like to address
this issue.
Sheriff Joe McQueen commented on the letter received and
stated the Sheriff's Department has always tried to cooperate
with the courts; however, he does not have available manpower to
provide five additional bailiffs. Presently, nine courts are
operating with nine bailiffs. Superior Court is the largest
courtroom with three assigned bailiffs and if necessary, deputies
are allowed to work overtime to fulfill the needs of the Superior
Court and other courts when additional assistance is needed.
Judge Rice is concerned about the interruption of courts when
persons are sentenced and the time required for bailiffs to
transport these persons back to jail. He is also concerned for
utilizing deputies who are not familiar with courtroom
proceedings.
Discussion was held on the number of bailiffs realistically
needed in order to properly operate the courts. Sheriff McQueen
stated with the addition of new judges, four additional bailiffs
would be sufficient.
.
Further discussion was held on funds involved with the
hiring of four bailiffs. Chairman Retchin asked if two bailiffs
will assist in alleviating the problem? Sheriff McQueen stated
he would be glad to work with two additional bailiffs, and if
this does not resolve the problem, he will requests additional
positions.
Commissioner Greer commented on the new positions adopted in
the FY 1991-92 budget and asked if two of these positions can be
used for bailiffs. Sheriff McQueen stated the approved positions
are for deputies which are badly needed.
Motion: After discussion, Commissioner Sutton MOVED, SECONDED by
Vice-Chairman Mathews to approve funding two additional bailiff
positions with the understanding that if more positions are
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MINUTES OF REGULAR MEETING, OCTOBER 7, 1991
Page 666
needed, the Sheriff will inform the Commissioners. The floor was
opened for discussion:
commissioner Greer recommended using one of the approved
positions in the 1991-92 Budget for a bailiff position and stated
he is aware of the Sheriff's need for additional deputies;
however, he does not feel the County can continue to increase
expenditures during difficult budget and economic times.
Upon vote, the MOTION CARRIED AS FOLLOWS:
()
Voting Aye: Commissioner Barfield
Commissioner Sutton
Vice-Chairman Mathews
Chairman Retchin
Voting Nay: Commissioner Greer
DISCUSSION OF REQUESTING PROPOSALS FROM BILLING AGENCIES FOR
COLLECTION OF EMS SERVICES
Commissioner Sutton commented on being in the process of
securing a provider number from Blue Cross/Blue Shield and
requested authorization for Staff to request proposals from
billing agencies to collect for EMS services rendered.
Consensus: After discussion, it was the consensus of the Board
to request the County Manager to investigate this alternative.
ADJOURNMENT
Motion: Commissioner Greer MOVED, SECONDED by Commissioner
Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 11:20 o'clock P.M.
()
~ect~ ~
~kF. Harrell
Clerk to the Board
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