1991-11-04 Regular Meeting
.
.
.
~
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 687
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, November 4, 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
everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Health Director, Robert S. Parker, gave the invocation.
Vice-Chairman Mathews 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.
No items or comments were presented.
Discussion of County Animal Control Ordinance and Fee Schedule
Ms. Cathy Dyke, a pet owner, expressed concern for the death
of two dogs that escaped from her fenced-in backyard while on
vacation. When contacted by the Animal Control Director, she was
unable to negotiate to pay the $180 fine to recover the dogs due to
being unemployed. After further discussion with the Animal Control
Director, it was agreed that the dogs would not be killed until
receipt of her first unemployment check. Three days later, the
dogs were killed based upon a change in the order. She urged the
Commissioners to adopt regulations that would allow some form of
negotiation for fees when owners would like to recover their pets.
Health Director, Robert Parker, emphasized the importance of
laws and regulations governing neglected animals and stated the
animals in question are a perfect example of an irresponsible pet
owner. The dogs were picked up on September 27, 1991, after a call
from Mr. James Millis, a resident of 1821 North Kerr Avenue. An
Animal Control Officer investigated the call and found Ms. Dyke's
sheepdog and otterhound off of her property. Both dogs had chased
Mr. Millis' cat, and when Mr. Millis tried to pick up the cat, he
was bitten. Being concerned about the possibility of rabies, Ms.
Millis shot and killed his cat. The dogs were found to be without
rabies vaccinations, county license, and the conditions of the
coats were so matted that discussion was held on imposing cruelty
charges to the pet owner. Ms. Dyke was informed of the fees
necessary for recovery of the dogs and was told she could pay the
county license citations at a later date. Ms. Dyke requested that
the dogs be held until she received her unemployment check. This
request was refused, but she was told to contact the Humane Society
for funding assistance. Ms. Dyke was informed by the Animal
Control Director that if she did not redeem her dogs by the end of
the work day on October 7, 1991, that they would become the
property of New Hanover County and be euthanized. Health Director
Parker stated since the fees were not paid the dogs were
euthanized. He reiterated the importance of pet owners being
responsible and stated the County Ordinance and Fee Schedule are in
place to protect pets, control the number of animals in the
shelter, and protect the safety of the general public.
~
(
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 688
Mr. Dick Carter, a concerned citizen, stated he heard about
this particular incident on the radio, and personally visited the
residence. The other animals being kept were in excellent
condition and, in his opinion, it would be difficult to believe
that this couple would neglect the dogs which have been killed. He
expressed concern for the rigidity of the present County Ordinance
and recommended the following sequence of events occur before
euthanasia of pets:
1.
On the first offense, the Animal Control Center should call
the pet owner and courteously inform the owner that the animal
has been impounded and can be recovered. At this time, 'the
pet owner should be informed of the rules and costs involved
with recovering the animal.
()
2. On the second offense, the pet owner is informed and charged
the necessary fines with a warning that if this occurs the
third time, the animal cannot be recovered without severe
fines.
Mr. Carter requested the Commissioners to instruct the Health
Department to stop euthanasia until the Animal Control Ordinance
can be amended to allow citizens ample warnings and time to pay the
necessary fees to recover their pets.
commissioner sutton inquired as to the number of days allowed
for holding heal thy pets in the Animal Control Center before
euthanasia is considered?
Animal Control Director, Ron Currie, stated the North Carolina
law requires holding animals only three working days before
euthanasia; however, the County Ordinance requires holding animals
for five working days. After five working days, the Center then
determines if the animal should be placed out for adoption or
sacrificed. This decision is based on the health and condition of
the animal; the number of animals in the Center; and whether there
is a good chance that the animal will be adopted. In this
particular case, the dogs were held from September 27, 1991,
through October 10, 1991. The dogs were offered to the Human
Society for adoption; however, the Society refused to take the dogs
due to the poor condition of their coats.
()
commissioner Sutton commented on the pet owners being out of
town for two weeks and inquired as what happens under ordinary
circumstances when a owner does want to recover the pet " but does
not have funds to pay the fees and has requested the Ce~ter to hold
the pet until these funds can be obtained? Animal Control Director
Currie stated this request cannot be,honored since the law requires
payment of the redemption fees and purchase of license before
release of pets. All cases must be treated the same if order is to
be maintained with the pet population in the Animal Control Center.
Decisions must be made according to time constraints. In this
case, the pet owner was informed that the fees must be paid, and
she was given ample time to contact the Humane Society to see if
funds could be secured to assist her with payment of the fees.
Vice-Chairman Mathews recommended that this issue be addressed
by the New Hanover County Board of Heal th and Animal Control
Advisory Committee.
()
Mr. Pete Harden, a concerned citizen, commented on the
importance of educating children on how to behave with animals and
stated for the past eight years he has been lecturing children in
schools, churches, and civic organizations on how to approach dogs
and pets. He encouraged the Board of Health and Board of County
Commissioners to place more emphasis on educating people on animal
behavior.
After further discussion it was generally agreed that this
issue should be addressed by the Board of Health.
";. "
-..,
,i.
, ."
,H;J- ~:.. ~~,~r~j,~:).~)'qf~~t~{
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 689
.
complaint on Eligibility to Receive Public Assistance - Department
of Social services
Ms. Constance Atkinson, representing Struggling Parents with
Dependents, commented on her recent experience with the Department
of Social Services when denied public assistance in an emergency
situation and stated many single parents are being turned down for
heating and shelter needs. She criticized the Director and
Assistant Director of the New Hanover County Department of Social
Services for denying her emergency assistance during a crisis
situation and allowing her children to go without heat.
Chairman Retchin stated after serving on the Board of Social
Services, he feels the Department of Social services does an
excellent job in administering the programs for persons in need.
Consensus: After further discussion, it was the consensus of the
Board for the Chairman to request a report from the Director of
Social services on this particular case.
APPROVAL OF CONSENT AGENDA
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Greer
to approve the Consent Agenda as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting
of October 21, 1991, as presented by the Clerk to the Board.
.
Adoption of Proclamation Designating the Week of November 3-9,
1991, as "Youth Appreciation Week"
- The Commissioners adopted a proclamation designating the week
of November 3-9, 1991, as "Youth Appreciation Week".
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 22.
Adoption of Resolution Rejecting Bid #92-0106 for Computer System
in Finance Department
The Commissioners adopted a resolution rejecting Bid #92-0106
to IBM Corporation in the amount of $64,271 for a Computer System
in the Fin.9-nce Department due to' the bid exceeding original
estimates. Staff would like to further review options available
and re-bid at a later date.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 22.
Approval of Easement Agreement (Contract #92-0205) with Carolina
Power , Light Company for the provision of Electrical Service to
the Wrightsboro Pump station
The Commissioners approved and authorized the Chairman to
execute an easement agreement with Carolina Power & Light Company
for the provision of electrical service to the County's Wrightsboro
Pump station.
.
A copy of the easement agreement is on file in the Legal
Department.
Authorization for
Responsible Charge
Facility
The Commissioners authorized changing the Operation in
Responsible Charge (ORC) from Raymond L. Church, Jr., Director of
Environmental Management, to Tim Heistand with Dennis Burks as the
back-up ORC in order to fulfill the new visitation requirements.
The Director of Environmental Management will continue to review
Tim Heistand to Become the Operator in
(ORC) for the Landfill and waste-to-Energy
~
(
(
I
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 690
all WWTP operations as has been the policy since reorganization of
the department.
Release of Listing Penalties for Kathryn W. Holt - Tax Department
The Commissioners released the 1991 listing penalties for Ms.
Kathryn W. Holt since the taxpayer made an effort to sign, date and
return three abstracts with one denoted as later claimed.
Acceptance of change Order Report #22
The Commissioners accepted Change Order Report #22 as
submitted by Deputy County Manager Mary Gornto.
A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XIX, Page 22.
Approval of Budget Amendment #92-0069 - Health Department
The Commissioners approved the following Budget Amendment:
92-0069 Health Department/WIC
Debit
credit
Health Department/WIC Proqram
WIC Grant
$12,127
Departmental Supplies
Training and Travel
$ 7,525
$ 4,602
Purpose: To budget additional WIC revenue for training related to
the new computer system at the Health Department and for
departmental supplies for the WIC Program. No County funds are
required.
Adoption of Resolution Awarding Bid #92-0188 to virginia Lime
corporation and Approval of contract #92-0188 for Hydrated Lime -
Waste-to-Energy Facility
The Commissioners adopted a resolution awarding Bid #92-0188
to Virginia Lime Corporation, the lowest responsible bidder, at a
unit price of $77.38 per ton and authorized the Chairman to execute
the contract documents. The following bids were recei ved and
publicly opened by the Finance Department on October 22, 1991:
First Year
Second Year
Virginia Lime Corporation
APG Lime corporation
Chemstone Corporation
$77.38/ton
- $79.16/ton
$87.50/ton
$77.38/ton
$81. 54/ton
$89.25/ton
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 22.
RECOGNITION OF AWARDS RECEIVED BY THE NEW HANOVER COUNTY HEALTH
DEPARTMENT FROM THE NORTH CAROLINA PUBLIC HEALTH ASSOCIATION
Health Director, Robert S. Parker, stated the Board of Health
and Health Department are proud to recognize the employees of the
Health Department who have received State awards and honors for
outstanding accomplishments in the field of Public Health. The
following persons and awards were presented:
Public Health Week Honorable Mention: The New Hanover County
Health Department was cited for its 1991 "Breast and Pap Smear
Screening Clinic." Twenty-five health department personnel
and 13 community volunteers provided 262 pap smears, 285
breast exams for women with 152 mammography referrals.
Transportation and child care were provided. The clinic was
targeted at inner city, low income women. Ms. Beth Day, Nurse
Director, was requested to accept the plaque.
Recognition of Ola Bell Ball, for Receiving the "Samuel L.
Katz Award": Ms. Ola Bell Ball was recognized for receiving
the "Samuel L. Katz Award" presented by the North Carolina
\~
()
()
. :. t ,'f
!.'l .~i{
~
, : i,. '~; JZ ./$)"' ,~~,
MINUTES OF REGULAR MEETING, NOVEMBER 4; 1991
PAGE 691
Public Health Association for the individual who has made
significant contributions in protecting children against
vaccine preventable diseases in North Carolina. On behalf of
Ms. Ball, Beth Day accepted the award.
.
Recognition of Susan Merritt O'Brien for Receiving the "Watson
S. Rankin Award": Ms. Susan Merritt O'Brien was recognized for
receiving the "Watson S. Rankin Award" presented by the North
Carolina Public Health Association for outstanding
contributions to Public Health in North Carolina over a period
of several years.
Recognition of Bobby T. Waters for Receiving the "Outstanding
Individual Achievement Award": Mr. Bobby Waters was presented
the "Outstanding Individual Achievement Award" by the Eastern
District of the North Carolina Public Health Association for
the individual who has demonstrated remarkable achievement in
a specific health related project, program or activity within
the past two years.
Recognition of Dr. Tabandeh Zand for Receiving the "Bertlyn
Bosley Award": Dr. Tabandeh Zand was recognized for receiving
the "Bertlyn Bosley Award" presented by the Nutrition Section
of the North Carolina Public Health Association for
significant contributions to the field of Public Health. She
was also recognized for the "Community site Program Award"
presented by the American Heart Association.
.
Recognition of Barbara Denise Teachey for Receiving the
"promising New Health Education Award": Ms. Barbara Denise
Teachey was recognized for receiving the "Promising New Health
Education Award" presented by the North Carolina Society for
Public Health Education. This award was given to Ms. Teachey
for demonstrating an unbridled enthusiasm and love for the
profession of Health Education and for practicing in an
exemplary fashion.
Recognition of Donald Blake for Accepting the "Injury
Prevention and Control Award of Excellence" for the New
Hanover county Health Department: On behalf of the New
Hanover County Health Department, Donald Blake, a member of
the Board of Hea I th, accepted the Governor's Task Force
"Injury Prevention and Control Award of Excellence" received
by the New Hanover County Health Department for the past two
years. This award is in honor of the Seatbelt Program,
Project Red Ribbon; and the Bicycle Helmet Program.
Chairman Retchin, on behalf of the Board, congratulated the
Health Director and his staff for receiving the awards and
complimented them for providing outstanding public health services
to the citizens of New Hanover County.
.
PRESENTATION ON THE DESIGN OF THE URBAN PARK
Ms. Margaret Gray, of McKim ~ Creed Engineers, presented
slides on the design of the Urban Park located in front of the New
Hanover County Library. The projected cost is $142,000 with
implementation of the design in the following phases: Phase A -
$30,700; Phase B - $56,715; and Phase C - $55,312.
Discussion was held on the availabili ty of funds.
Commissioner Sutton recommended that the Planning Committee and
Urban Park citizens Task Force be authorized to seek funds from
private citizens, civic groups, and other appropriate sources.
Deputy County Manager Mary Gornto expressed appreciation to
McKim & Creed Engineers for so generously donating the services of
Margaret Gray. She also recognized and expressed appreciation to
the members of the Urban Park citizens Task Force and Planning
Committee who have so willingly donated their time to assist with
the design of the park. She stated both committees are ready to
~
(
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 692
solici t monetary support from the community and introduced Mr.
Robert van Luyn, who would like to make an announcement.
Mr. Robert van Luyn, Secretary of the General Electric ELFUN
Society, stated this society is a volunteer group of General
Electric managers who contribute to community projects. He
commented on the various projects sponsored by this society and
announced that the New Hanover County ELFUN Society would like to
participate in the development of the Urban Park. A check in the
amount of $3,000 was presented to the County for the purchase of
trees and shrubs contingent upon the members of the ELFUN Society
being able to participate in the actual planting of these plants.
Hopefully, by this contribution, other organizations will follow
suit and pledge funds for development of the Urban Park.
()
Chairman Retchin, on behalf of the Board, accepted the check
and expressed appreciation to the General Electric ELFUN Society
for this generous donation which will enhance the appearance of the
downtown area.
Vice-Chairman Mathews commented on the existing sign located
on the park site and recommended that the sign be changed from
"Watch this Park Grow" to "Help this Park Grow" with a phone number
and a thermometer indicating the funds received for development of
the Urban Park.
Deputy County Manager Mary Gornto requested endorsement of the
design and authorization for the committees to raise funds for
development of the park.
Chairman Retchin, on behalf of the Board, expressed
appreciation to Margaret Gray, McKim & Creed Engineers, and members
of the advisory committees for an excellent job in preparing the
park design. He also expressed appreciation to the City of
Wilmington for their funding participation, and recognized the
Assistant County Manager Susan Dankel.
()
Motion: After further discussion, commissioner Sutton MOVED,
SECONDED by Vice-Chairman Mathews to accept the design plan and
authorize the advisory committees to solicit and raise funds for
implementation of the plan through private donations. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the plan is contained in Exhibit Book XIX, Page 22.
ACCEPTANCE OF LIBRARY SERVICES AND CONSTRUCTION ACT GRANT FOR
CONSTRUCTION OF THE MYRTLE GROVE BRANCH LIBRARY
County Manager O'Neal stated the Library has been awarded a
Library Services and Construction Act Grant in the amount of
$231,238 by the North Carolina Department of Cultural Resources to
assist in the construction of the Myrtle Grove Branch Library. He
presented a chronology of activities and stated normally the grant
would be accepted; however due to complexities of forecasting
revenues and downsizing County government a more comprehensive
review is required. The following expenditures and cost
projections were presented:
Expenditures to Date (9/30/91)
Land Costs
Environmental Activities
Surveying
Administration
Engineering/Architectural
$ 70,000
1,196
739
3,377
34,378
()
Total
$109,690
'"." -,~:,
'\, ~
~
"t ~"t"',l, j,t~'; ~~r:) ..~}t\ ...;.;
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 693
projected Costs
Construction Total
$895,638
$ 57,152
$160,000
Operational Costs for FY 1991-92
Estimated Annual Operational Cost
.
The project is proposed to be financed over a five-year period
with an annual debt service projected to be approximately $132,098.
County Manager O'Neal stated the following options are
available; however, if the grant is not accepted and construction
is delayed, the County would essentially "make up" for not
receiving the grant funds in a two-year period due to increased
annual operating expenses with four new positions in addition to
debt service. The following options were presented:
1. Accept or reject the grant.
2. Scale back the project; however, the LSCA grant funds
could be withdrawn if this occurs.
commissioner Barfield stated the fact to consider is whether
the County has ample funding to proceed with this project during a
very difficult budget year.
.
commissioner Sutton stated the Commissioners applied for the
grant and the N. C. Department of Cultural Resources has approved
a LSCA grant in the amount of $231,238 with a period of one year to
begin construction of the branch library. Also, under the grant
offer, the size of the facility cannot be reduced; however, other
items such as wood trim details, sloping drywall ceilings, the roof
design, and skylights can be deleted to reduce the cost of the
building without jeopardizing the grant funds.
Architect John Sawyer presented possible alterations to the
building and emphasized the importance of using materials that will
be durable enough to handle library traffic and usage.
State Librarian Howard F. McGinn stated two grants have been
awarded to New Hanover County for the construction of the Myrtle
Grove Branch Library. These grants were based on the design and
plan submitted as well as placement of the branch library in an
area that will be highly used. Any deviation from this plan could
resul t in loss of the grants. He also expressed concern for
receiving assurances from New Hanover County that money was
available for construction of the building and stated the grants
funds were not awarded for New Hanover County to subsequently
reduce the cost of the building.
Chairman Retchin asked if the list presented by the architect
wbuld result in loss of the grants? Mr. McGinn stated the changes
presented by the Architect would not affect the grant funding.
.
commissioner Sutton commented on a telephone conversation with
Mr. McGinn and Ms. Patric Dorsey where discussion was held on
reducing the cost of the building by various alterations which will
not reduce the size of the structure, and stated he was informed in
that conversation that modifications of this type would be
acceptable. He strongly obj ected to the statements being presented
by Mr. McGinn which indicate that the grant will be withdrawn if
alterations of this type occur.
commissioner Greer stated the County Commissioners are elected
officials responsible for protecting the County's funds and based
upon funding availability, the Board can reject or accept the
grant. He expressed concern for the visit by the State Librarian
and stated he does not have a problem with accepting the grant
today and working out cost-cutting details at a later date.
.~
(
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 694
Ms. Janet Durham, a resident of Greenbrier SUbdivision, and a
member of the Library Board of Trustees, commented on the need for
the branch library in this area and stated the citizens are elated
that a library is going to be located in their community. She
urged the Commissioners to move forward with construction of this
facility as soon as possible.
Motion: After further discussion, Commissioner Greer MOVED,
SECONDED by Vice-Chairman Mathews to accept the grant contingent
upon a reduction in the cost of the building. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
County Manager O'Neal assured the Board that any changes in
the plan will be brought to the Commissioners as well as forwarded
to the State Librarian and N. C. Department of Cultural Resources.
DISCUSSION OF JUVENILE SERVICES CENTER
Deputy County Manager Mary Gornto presented background
information on the local detention center for juveniles. Since
1976, the County has provided regional detention services under an
agreement with the State. While North Carolina General Statutes
have stipulated that the "State subsidy should be 50% of the
operating cost of a county detention home and 100% of the per
capita daily cost of caring for a child from another county," New
Hanover County has never received such reimbursement due to a lack
of sufficient State appropriations. The 'taxpayers have been
bearing an inequitable burden for a State responsibility.
On October 21, 1991, the Commissioners requested the
preparation of a proposal for the State to assume the operation of
the Juvenile Services Center. Precedent for such action exists as
a result of an arrangement between Wake County and the State that
became effective July 1, 1991. Staff recommends that New Hanover
County propose a lease arrangement with the State for use of
existing facilities for the purpose of operating a detention
facility. New Hanover County would no longer have involvement in
the detention operation and the County's juveniles would be placed
in a State-operated or other regional detention facilities. It
further proposed that for the use of the County's facility (on an
"as-is" basis for $1.00 per year), the State would not charge New
Hanover County the per Child/per day rate. New Hanover County
would further encourage the State to employ the County's existing
detention staff if possible, but this would not be a condition of
the lease agreement. The Commissioners are requested to authorize
the County Manager to negotiate with the North Carolina Department
of Human Resources, Division of Youth Services, the execution of a
lease agreement for the operation of a detention facility in the
County's existing detention buildings. The effective date would be
January 1, 1992.
Deputy County Manager Gornto stated after meeting with
officials from the Division of Youth Services on Friday, November
1, 1991, the County was informed that the State cannot enter into
a lease agreement without legislative action; however, the county
can negotiate for an operating agreement until legislative action
can be obtained..
Motion: After discussion of detention services being the
responsibili ty of the State and the need to discontinue the
County's operation of the facility, commissioner Sutton MOVED,
SECONDED by Commissioner Barfield to direct staff to pursue
negotiations with the State Division of Youth Services' for
operation of the Juvenile Services Center with termination of the
County's operation of the facility effective January 1, 1992. The
floor was opened for discussion.
commissioner Greer inquired as to whether the Juvenile
Detention Center will be closed for six months if the State cannot
operate the facility until legislative action is obtained?
()
()
()
V:'i'-':.'
,~ ;'1:1'
~
I ~. l :!l.,\,j,,,~.; .w" ,/ '
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 695
Commissioner sutton recommended waiting to receive the
alternatives from the state before trying to address these types of
issues.
Vice-Chairman Mathews commented on the benefits received from
operation of the facility in Southeastern North Carolina and
stated, hopefully, the State will accept their responsibility and
agree to operate the facility.
.
Chairman Retchin called for a vote on the MOTION. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
STATUS REPORT ON THE ACTIVITIES OF TAX MANAGEMENT ASSOCIATES, Inc.
County Manager O'Neal commented on the present contract with
Tax Management Associates, Inc. and stated the Tax Administrator,
Roland Register, will briefly update the Board on recent activities
and answer any questions concerning the contract.
Tax Administrator Register stated at the request of Lowrimore,
Warwick and Company, the County was encouraged to consider
implementation of an audit system which assures the County that
businesses are accurately listing property. This would increase
revenues and provide a permanent increase in the County's tax base
when property is discovered. After discussion and Board action,
the firm of Tax Management Associates, Inc. was hired to audit
accounts. The purpose of the audits is to correct errors and
omissions by discovery. This process assures the "paying property"
owners that they are absorbing a fair share of the operational cost
of New Hanover County government.
.
Discussion was held on the amount of discoveries. Tax
Administrator Register stated $240,000 has been discovered by staff
and Tax Management Associates, Inc. as of this date, which
represents a period of four months.
A lengthy discussion was held on a fee versus percentage basis
as the method of payment to the auditing firm. Tax Administrator
Register stated the contractual agreement pays a fee to Tax
Management Associates, Inc. for performance of audits regardless of
~whether discoveries are found. By paying a fee for audits and a
30% cap for large audit discoveries, the firm cannot receive a
windfall. For example in Cabarrus County, when a discovery was
made in the range of 9-11 million dollars on the Philip Morris'
Company, the audit firm received 35% of the actual discovery;
whereas, in New Hanover County, the firm would have been paid no
more than $4,800 for that discovery.
Commissioner Barfield stated the public is confused as to the
method of payment to Tax Management Associates, Inc. He
recommended not playing with words, but factually informing
businesses that a percentage from 0-30% can be collected from
discoveries found by the audit firm.
.
Tax Administrator Register stated if a discovery was found in
the amount of $1,000,000, under the present fee schedule Tax
Management Associates, Inc. could receive only"';'.''';''. ,-:' --, which is not
30% of the amount discovered. The 30% is a cap in place to avoid
windfalls to Tax Management Associates, Inc.
Tax Administrator Register commented on one business refusing
to al.low Tax Management Associates, Inc. to perform an audit;
therefore, the audit will be performed jointly by staff and the
North Carolina Department of Revenue on November 21-22, _1991. He
stressed the importance of the commissioners being prepared to
allow the Tax Department not to permit legal entanglements to
circumvent the auditing process and stated the Chairman will be
requested to execute subpoenas to force businesses to consent to
audits.
~
(
!
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 696
commissioner Greer strongly objected to the entire auditing
process and expressed concern for allowing businesses to be
subpoenaed.
. A lengthy discussion was held on in-house performance of
audi ts. Chairman Retchin stated Tax Management Associates, Inc. is
a highly qualified firm for performance of these audits and that
hiring of qualified employees to perform the same type of work
would be much more costly to the County.
commissioner Barfield recommended auditing for one year only,
particularly during difficult economic times, and stressed the
importance of businesses remaining sound in order to avoid the loss
of jobs.
()
commissioner Greer stated businesses should pay their fair
share; however, if a firm is audited and no discrepancies are
found, he does not feel they should audit beyond that year.
Motion: After further discussion, commissioner Greer MOVED,
SECONDED by Commissioner Barfield to direct Tax Management
Associates, Inc. to audit the prior year only unless discrepancies
are found at which time they can audit past records. The floor was
opened for discussion.
Tax Administrator Register stated General Statute 105-290
prohibits the County from relieving any tax unless expressly
authorized by the sub-section called the Machinery Act which
provides equal protection of the law. If the proposed motion is
adopted, the businesses that have already been audited to 1986 can
request abatements for discoveries found prior to the current year.
Also, after January 1, 1992, the Tax Department will be prohibited
from reviewing any records that date back to 1986 due to the
Statute of Limitations.
()
Motion withdrawn: Commissioner Greer withdrew the MOTION.
Motion: After further discussion, Commissioner Greer MOVED,
SECONDED by Commissioner Barfield to cancel the contract with Tax
Management Associates, Inc. The floor was opened for discussion.
Chairman Retchin emphasized the importance of all businesses
paying their fair share according to law and stated this is the
only equitable way to audit firms.
After further discussion, Chairman Retchin called for a vote
on the MOTION to cancel the contract. Upon vote, the MOTION DID
NOT CARRY as follows:
Voting Aye: Commissioner Barfield
Commissioner Greer
Voting Nay: Commissioner Sutton
Vice-Chairman Mathews
Chairman Retchin
BREAK
Chairman Retchin convened from Regular Session for a break
from 8:45 o'clock P.M. until 8:58 o'clock P.M.
()
PUBLIC HEARING TO CONSIDER ADOPTION OF THE WRIGHTSBORO NEIGHBORHOOD
PLAN
Chairman Retchin opened the Public Hearing.
Planning Director Hayes stated the Planning Department
together with the Wrightsboro steering Committee has completed a
draft of the Wrightsboro Neighborhood Plan. The plan was presented
to the Planning commission on September 5, 1991, and was
recommended for adoption.
"~;~ '.' '.
~
,,~; ,- ,
'!
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 697
staff Planner, Chris O'Keefe, presented slides and an overview
of the Wrightsboro Neighborhood Plan. The following objectives of
the plan were identified through a survey of community residents
and two community meetings:
1.
Transportation: The I-40 Outer Loop By-by was of major
concern along with the widening of U. S. Highway 117 (Castle
Hayne Road). Other transportation improvements were safety of
major intersections, providing secondary access to major
subdivisions along Castle Hayne Road, exploring the
possibility of providing public transportation; and control of
speeding vehicles through the Wrightsboro Community.
.
2. Drainaqe: The development of spot maintenance programs by the
Department of Transportation with future development of a
county-wide drainage program.
3. Parks & Recreation: The Wrightsboro Community desires more
park facilities. The only recreational facility available is
a ballfield.
4~ Other Concerns: Construction of a branch library, extending
public sewer, and safety of the Wrightsboro School grounds.
Chairman Retchin asked if anyone from the general public would
like to speak on the plan. The following persons commented:
.
Ms. Trudy van Luyn, a resident of the Wrightsboro Community,
expressed appreciation to the Planning Staff and Committee for an
excellent job in preparing the plan. She emphasized the need for
parks that will provide recreational activities for all ages and
stressed the importance of avoiding spot zoning which will destroy
this unique residential area.
The Board encouraged Ms. van Luyn to recruit residents of the
Wrightsboro Community to apply to serve on the Library and Parks &
Recreation Advisory Boards when vacancies become available.
commissioner Sutton stated the Airport has offered to develop
a park on airport property located on 23rd Street.
Ms. Earla Pope, a member
Committee, stated the Airport did
members of the committee feel the
to Wilmington.
of the Wrightsboro Steering
present the plan; however, some
proposed park site is too close
Chairman Retchin closed the Public Hearing.
Chairman Retchin complimented Staff Planner Chris O'Keefe and
Staff Planner Wanda Coston for an excellent plan and expressed
appreciation to the members of the Wrightsboro Community for their
input and involvement in drafting the plan.
Motion: After further discussion, Chairman Retchin MOVED,
SECONDED by Vice-Chairman Mathews to adopt the plan as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
.
A copy of the plan is on file in the Planning Department.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE LANDS ON THE WEST
SIDE OF U. S. HIGHWAY 117 AT NORTH KERR AVENUE TO BC, SHOPPING
CENTER DISTRICT FROM R-20 RESIDENTIAL (Z-441, 9/91)
Chairmah Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated the applicant filed a
request to rezone this site to B-2 Business. Due to the unknown
and the unlimited choice of uses allowed by this zoning
classification, the Planning commission determined that B-2 zoning
was not appropriate and expressed concern for possible negative
impacts upon adjoining properties. After being advised that the
~
(
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 698
applicant was willing to commit to a site specific plan for the
property, the Planning Commission decided a site plan review would
be a better approach and directed the applicant to refile his
request under the Shopping Center District criteria.
During review of the site plan in the second hearing by the
Planning Commission, discussion focused on mitigating the impacts
a shopping center would have on properties located along the
northern and southern boundaries of the site. After further
discussion, the Planning commission voted unanimously to recommend
approval of the request and site plan as submitted with the
following conditions:
a. Solid artificial fencing must be used and it must be erected
at the beginning of construction on the property.
b. Trees along the southern border should be preserved.
c. Sewage must be disposed of off-site, preferably at the rear of
the shopping center.
Chairman Retchin asked if anyone present would like to speak
in favor of or in opposition to the rezoning request. The
following person commented:
Mr. Howard Capps, the Landscape Architect for the petitioner,
stated the conditions presented have been incorporated in the
proposed plan and the location of the shopping center will be most
beneficial to the Wrightsboro Community. He requested approval of
the rezoning request.
Chairman Retchin closed the Public Hearing.
Motion: After discussion, Vice-Chairman Mathews MOVED, SECONDED by
Commissioner Barfield to approve the Shopping Center District on
the west side of U. S. Highway 117 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 NO. l~A OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 1, 1974", is 'hereby incorporated as a part of
the minutes and is contained in Zoning Book II, section 10-A, Page
2:f. -
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE 3.9 ACRES ON THE
WEST SIDE OF NORTH COLLEGE ROAD SOUTH OF MURRAYVILLE POST SHOPPING
CENTER TO B-2 BUSINESS FROM R-15 RESIDENTIAL AND TO REALIGN THE B-2
DISTRICT BOUNDARY AT THE SOUTHWEST CORNER OF THE INTERSECTION TO
FOLLOW PROPERTY BOUNDARIES (Z-443, 10/19)
. Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated the application
initially included a request to rezone 39 acres on North Kerr
Avenue to R-15 Residential from AR Airport Residential, in addition
to the business zoning expansion along North College Road. The
Airport Residential request was denied and the applicant did not
file an appeal; therefore, that portion of the application is not
for consideration. Both the Planning Staff and Airport officials
strongly opposed that part of the request. After review, the
Planning Commission unanimously supported the commercial segment of
the application feeling that existing commercial development nearby
and the proximity of this site to that development made the
property attractive for commercial use. The Planning Commission
felt that the rezoning would be consistent with Land Use Policies
for Growth and Development and included Staff's recommendation for
the commercial district lines in the Southwest intersection of
Bavarian and North College Roads be redrawn to follow property
boundaries.
()
()
o
~
" \--l I
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 699
Chairman Retchin asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed rezoning
request. No comments were received.
Chairman Retchin closed the Public Hearing.
.
Motion: After discussion, Chairman Retchin MOVED, SECONDED by
Commissioner Greer to approve rezoning 3.9 acres on the west side
of North College Road south of the Murrayville Post Shopping Center
to B-2 Business from R-15 Residential 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 ENTITLED, AIRPORT, AND 8-B OF NEW
HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 4, 1976, AND JULY
6, 1972" is hereby incorporated as a part of the minutes and is
contained in Zoning Book II, section 8-B, Page 36.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO LOCATE
A MOBILE HOME ON SYCAMORE ROAD IN CASTLE HAYNE (S-339, 11/91)
Chairman Retchin opened the Public Hearing and stated the
special use process requires a quasijudicial hearing; therefore,
persons wiShing to comment must be sworn in by the Clerk to the
Board.
The following person was sworn in:
Marshall Malpass
.
Planning Director, Dexter Hayes, stated the petitioner,
Marshall Malpass has requested a Special Use Permit to locate a
mobile home on Sycamore Road and 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 property has access directly to Sycamore Road.
2. The site is located within the Castle Hayne Volunteer Fire
Department District.
3. An "Improvements Permit" for the installation of a septic tank
has been issued by the County Health Department.
4. Water for the mobile home will be provided by an on-site well.
General Reauirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
1. The site is zoned RA, Rural Agriculture. The minimum lot area
for a residential use in this zone is 30,000 square feet. The
applicant's land consists of 1.25 acres.
2.
Adequate area exists to accommodate required setbacks and off-
street parking.
.
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. Other mobile homes .are located on nearby lots and are not an
uncommon land use in this area.
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
~
(
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 700
in general conformity with the plan of development for New Hanover
County based upon the following findings:
1. This area of the county is rural. Land uses consist of
farming activities and scattered residential uses, including
mobile homes.
Chairman Retchin asked the petitioner if he agreed with the
findings as presented by the Planning Director. Mr. Malpass stated
he concurred with the findings as presented and respectfully
requested approval of the Special Use Permit.
Chairman Retchin asked if anyone from the general public would
like to speak in opposition to issuance of the Special Use Permit.
No comments were received.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Greer to grant the Special Use Permit for location of a mobile home
on Sycamore Road based upon the evidence presented and the
conclusion that the use does satisfy the four general requirements
as presented in Staff's findings. 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 2.
PUBLIC HEARING TO CONSIDER A SUBDIVISION APPEAL BY DALLAS HARRIS TO
MODIFY THE PRELIMINARY PLAN FOR INLAND GREENS SUBDIVISION (SA-13,
10/91)
Chairman Retchin opened the Public Hearing.
Planning Director, Dexter Hayes, stated Inland Greens is a
high density residential project offering a combination of single-
family patio home lots and attached dwelling units. It is nestled
around an 18 hole Par 3 golf course and is adjacent to Long Leaf
Acres Subdivision. The development consists of approximately 81
acres with access to U. S. Highway 17 (Market Street) and Eastwood
Road via Cardinal Drive. The maximum density permitted for the
tract is 364 units, although the total number of units that can be
practically developed is around 265 to 270. To date, 36 patio home
lots have been recorded and 138 attached dwelling units have been
constructed. He stated the Technical Review Committee denied the
preliminary plan on May 24, 1989, feeling that the site did not
qualify for high density development because of plans to utilize
Cardinal Drive as a primary access. Additionally, the Technical
Review Commi ttee ruled that the eventual connection to Market
Street would be inconsistent with access requirements since the
road would serve as access for,traffic associated with business and
industrial zoning along Market Street. Subsequent to that denial,
the applicant appealed to the County Commissioners and on June 26,
1989, the Commissioners unanimously approved the preliminary plan.
Some of the plan'S key features are as follows:
1. The extension and completion of Wiregrass Road between Ginger
Road and Long Leaf Acres Extension.
2.
The development of single family lots (8 total) on the east
side of Wiregrass Road adjacent to section 9, Long Leaf Acres.
3. The construction of a buffer on the west side of Wiregrass
Road to screen from view attached dwellings planned for that
area.
4. The construction of a collector sized road with a connection
to Market Street and alignment and connection with Cardinal
Drive.
()
()
o
~
, . ,i,;~. ~':.
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 701
On September 25, 1991, the applicant appeared before the
Technical Review Committee to request that the original preliminary
plan as approved by the Commissioners be modified. The key
revisions are as follows:
1. Eliminating the completion of Wiregrass Road as previously
described.
.
2.
Eliminating the single-family lots planned for the east side
of Wiregrass Road and the quad units planned for the west side
and replacing them with 15 duplex units.
3. Construction of an "elbow-shaped" cul-de-sac, originating at
Inland Greens Drive and terminating in the area where
Wiregrass Road would have been constructed. The duplex units
described above would be situateq along the new cul-de-sac.
After careful deliberation, the Technical Review Committee
recommended denial of the amendments to the preliminary plan. The
Committee concluded that the plan originally approved by the County
Commissioners was probably the best arrangement for protecting Long
Leaf Acres from high density development and that approval of the
proposed changes would undermine that intent.
Planning Director Hayes
following conditions if 'the
requested by Mr. Harris:
stated Staff would recommend the
preliminary plan is amended as
1. At least two (2) road stubs should be provided along Chester
Drive between Cardinal Drive Extension and Chapel Way. This
will provide additional circulation possibilities for
properties located west of this project.
.
2.
The proposed road connection to Chapel Way should be realigned
to eliminate a road job and to promote a more direct access to
Chapel Way.
3. Require the proposed elbow-shaped cul-de-sac be redesigned to
form a loop with connections to Inland Greens Drive. This
would improve access and turn-around capabilities of fire
apparatus.
Chairman Retchin asked if anyone from the general public would
like to speak in favor of the proposed amendments to the
preliminary plan. The following person commented:
Mr. Dallas L. Harris, the petitioner, stated the preliminary
plan was 85 acres of land with mUlti-family dwellings approved on
the entire tract of land for a total of 260 units. The project has
increased the value of surrounding properties and has produced
increased revenue for New Hanover County in the amount of $300,000
for permit fees with a tax base of over $12,000,000. The original
plan was to be contained within itself with no access to other
developments to avoid additional traffic in other neighborhoods as
well as in Inland Greens. He requested approval of the amended
preliminary plan as submitted. -
.
A lengthy discussion was held on the original plan and the
number of acres approved in the plan. Mr. Harris stated the
original plan contained 85 acres within the boundary of Inland
Greens.
Planning Director Hayes stated the amount of acreage does not
matter since there is no land use plan for high density; therefore,
in order to revise the plan from single family lots to high density
lots, the plan must be amended.
Chairman Retchin asked if anyone from the general public would
like to speak in opposition to the proposed amendments to the
preliminary plan. The following persons commented:
~
(
I
I
I
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 702
Mr. Wayne Nutt, an adjoining property owner, stated he
attended the meeting of June 26, 1989, and the map approved
specifically showed that the site contained 81 acres. He stated
Inland Greens is a an excellent addition to the community; however,
the 5.3 acres is outside of the original plan; therefore, he would
request the Commissioners to adhere to the original agreement as
negotiated with the neighborhood.
Commissioner Barfield commented on discussion held at the June
26, 1989, meeting and stated the Commissioners specifically desired
to maintain a single-family atmosphere along this area.
()
Mr. Harris stated he would be glad to sell the eight lots to
the County at market value for development of a park.
A lengthy discussion was held on the conditions recommended by
the Planning staff and the buffer area around the property. Vice-
Chairman Mathews asked Mr. Harris if he would be willing to comply
to the conditions recommended by the Planning staff. Mr. Harris
stated he would prefer not to open additional streets in the
project.
Planning Director Hayes stated Staff is concerned about the
development of 260-270 homes with all traffic being directed.to
either Elisha or Cardinal Drive. If the amendments are approved as
requested by Mr. Harris and no road stubs are provided along
Chester Drive between Cardinal Drive Extension and Chapel Way,
there will never be a way to provide a road connection to Market
Street.
Mr. Harris commented on his investment in this project and
stated the property could have been developed as an auto mall or
mobile home park; however, he has designed and developed a nice
sUbdivision; therefore, he respectfully requests approval of the
amendments to the preliminary plan as submitted.
()
Mr. Jack Lions, a resident of Dallas Drive, stated adjacent
property owners are not dissatisfied with Inland Greens
SUbdivision; however, they do feel that the original preliminary
plan should be honored.
Mr. Wayne Nutt stated the basic purpose of zoning is to create
stability with restrictions which does not guarantee the owner the
highest dollar value for the property.
Chairman Retchin closed the Public Hearing.
Motion: After further discussion, commissioner Sutton MOVED,
SECONDED by Commissioner Greer to approve the amendments to the
preliminary plan as requested by Mr. Harris. The floor was opened
for discussion.
Chairman Retchin stated the developer has done an excellent
job in the design and construction of Inland Greens Subdivision and
that his desire to protect the privacy of the subdivision by not
allowing additional access roads is logical and certainly
beneficial to the residents.
Substitute Motion: Vice-Chairman Mathews MOVED to accept the
amended preliminary plan contingent upon the conditions recommended
by the Planning Staff. The floor was opened for discussion.
()
Ms. Verna Jordan, a resident of Long Leaf Acres, recommended
retaining the cul-de-sac area behind wiregrass Road and requested
Mr. Harris to increase the buffer by 10 feet.
Mr. Harris stated increasing the buffer by 10 feet would not
allow enough space to install adequate driveways.
Substitute Motion withdrawn: After further discussion of the plan
as submitted by Mr. Harris being the most logical way to develop
~
.1~;'1~\;. ;..:,-
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 703
the remaining land, Vice-Chairman Mathews withdrew the SUBSTITUTE
MOTION.
Mr. Wayne Nutt commented on the many uses permitted under R-15
zoning and stated the Planning Commission should better define and
develop classifications for uses in R-15 districts. He stated the
City's zoning provides better protection of residential areas.
.
Chairman Retchin called for a vote on the ORIGINAL MOTION to
approve the amended preliminary plan as submitted by Dallas Harris.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the amended preliminary plan is on file in the
Planning Department.
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT
REQUIREMENTS FOR SMALL CARS, PARKING SPACE SIZES,
REQUIREMENTS IN RESIDENTIAL ZONING DISTRICTS (A-226,
Chairman Retchin opened the Public Hearing.
FOR PARKING
AND SETBACK
10/91)
Planning Director, Dexter Hayes, stated the Text Amendment
consists of two parts: (1) a redefining of a standard size parking
space and reducing the minimum area to 153 square feet from 180
square feet plus providing for small car parking spaces with a
limi t placed on the number of small car spaces that can be
provided; and (2) reduce the setback requirement for non-
residential and off-street parking lots from nearby residential
street rights-of-way to 50 feet from 150 feet.
.
The Planning Commission voted unanimously to approve the
proposed Text Amendment. They concurred that the changes would
provide greater flexibility in parking lot layout and eliminate the
rigidity of the existing language.
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 comments were received.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Sutton MOVED, SECONDED by Chairman Retchin to
approve the Text Amendment as presented by the Planning Commission.
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 22.
PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING DEPARTMENT TO
SYSTEMATICALLY ASSIGN HOUSE NUMBERS ON SWARTVILLE ROAD LOCATED ON
THE EAST SIDE OF CASTLE HAYNE ROAD IN THE WRIGHTSBORO COMMUNITY
Chairman Retchin opened the Public Hearing.
.
Staff Planner, Sam Burgess, stated an examination of
Swartville Road indicates that this road has not been assigned
numbering that is consistent and sequential with the County's
system. In order to accurately identify developed property to
provide county and emergency services, house numbers need to be
assigned on Swartville Road.
Chairman Retchin asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed house
number assignments. The following person commented:
Mr. George Swart, stated the road is now a private road and
that he has no problems with identifying the road as Swartville
Road with assignment of systematic house numbers.
Chairman Retchin closed the Public Hearing.
~
(
,
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 704
Motion:
Greer to
Swartville
the MOTION
commissioner Barfield MOVED, SECONDED by
approve systematically assigning house
Road as recommended by the Planning Staff.
CARRIED UNANIMOUSLY.
commissioner
numbers on
Upon vote,
A copy of the order is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XIX, Page 22.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
()
Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews
to convene from Regular Session to hold a Regular Meeting of the
New Hanover County Water & Sewer District. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin convened from Regular Session at 11:15
o'clock P.M.
Motion: Commissioner Greer MOVED, SECONDED by Chairman Retchin to
reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Retchin reconvened to Regular Session at
o'clock P.M.
11:19
ADDITIONAL ITEMS - COUNTY MANAGER
Waiver of Tip Fee for wrightsboro community Development Block Grant
Program
County Manager O'Neal requested a waiver of the tip fee at the
Landfill for the Wrightsboro Community Development Block Grant
Program for disposal of demolition and construction debris. He
stated the original intent of the project was to demolish two (2)
dwellings; however, the Inspections Department has determined that
five (5) additional dwellings must be demolished because it would
not be economically feasible to rehabilitate the structures.
()
Motion: After discussion, Commissioner Barfield MOVED, SECONDED by
Chairman Retchin to waive the tip fee as requested. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Approval of Increase in the Section 18 Grant Supplemental Agreement
(Contract #PUB-90-0383) with the North Carolina Department of
Transportation
Assistant to the County Manager, Pat Melvin, requested
approval of an amended section 18 Grant Agreement with the North
Carolina Department of Transportation for an increase in the grant
funds from $38,850 to $59,850 representing $21,000 of additional
funds. The additional funds are to be shared by federal, state,
and county governments with a commitment of $12,600 (60%) federal
section 18 funds; $4,200 (20%) in state funds; and $4,200 (20%) in
local funds. The Department of Transportation has approved the
purchase of a third vehicle for the New Hanover County Human
Services Transportation System; therefore, the funds will be
utilized for purchase of an additional vehicle.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sutton to authorize the Chairman to execute the amended section 18
Grant Supplemental Agreement with the N. C. Department of
Transportation increasing the grant funds by $21,000 for the
purchase of a third vehicle for the New Hanover County Human
Services Transportation System. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
()
A copy of the agreement is on file in the Legal Department.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Invitation to visit the New Senior Center
Vice-Chairman Mathews, on behalf of Dr. Bert Kring, Chairman
~
~ ,;; "t ,}1
MINUTES OF REGULAR MEETING, NOVEMBER 4, 1991
PAGE 70S
.
of the Senior Center Building Committee, invited the Commissioners
to visit the new facility. He stated Dr. Kring will be available
at any time for a tour of the facility.
Discussion of Myrtle Grove Branch Library
commissioner Sutton commented on the best approach to follow
in reducing the cost of the Myrtle Grove Branch Library and
requested the County Manager to contact the contractors who bid on
the project to ascertain ways to decrease project costs without
reducing the size of the structure.
Consensus: After discussion of the roof design, wood finishing
work and materials being recommended, it was the consensus of the
Board to direct the County Manager to work with Architect John
Sawyer to reduce the cost of this structure and present a
recommendation to the Board as soon as possible.
Discussion of Castle Hayne Aquifer Study
Commissioner Sutton recommended going on record in support of
a Castle Hayne Aquifer Study.
County Manager O'Neal recommended a presentation on the
proposed water study at the Regular Meeting of November 18, 1991.
Discussion of Repairs to the Tower Clock on the New Hanover county
Courthouse
Vice-Chairman Mathews stated either the time change has not
been reflected on the faces of the clock, or the clock needs to be
repaired.
.
Deputy County Manager, Mary Gornto, stated Property Management
contracts for this service, and they will be informed that the
clock is in need of repair.
Adoption of Proclamation Designating November 10-16, 1991 as "Don't
Abandon Your Animal Week" in New Hanover County
Motion: Chairman Retchin MOVED, SECONDED by Vice-Chairman Mathews
to designate the week of November 10-16, 1991, as "Don't Abandon
Your Animal Week" in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 22.
Adoption of Resolution Honoring outstanding Local Individual for
community Services
Motion: After discussion of a surprise dinner for an individual in
the community who has made outstanding contributions to New Hanover
County and Southeastern North Carolina, Chairman Retchin MOVED,
SECONDED by Commissioner Sutton to adopt a resolution recognizing
this individual. 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 22.
.
ADJOURNMENT
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 11:40 o'clock P.M.
~ec~~
~bF. Harrell
Clerk to the Board
~
(~
(
to ,-I,
.~~:: ." ~!~..,.
j_ ..4 ,~
'iOn
()
()
(j