1991-12-02 Regular Meeting
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MrNUTES OF REGULAR MEETING, DECEMBER 2, 19 !tl
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722
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, December 2, 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.
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Members present were:
Robert G. Greer; William H.
Jr'.; Chairman Fred Retchin;
Attorney Robert W. Pope; and
Commissioners Jonathan Barfield, Sr.;
Sutton; Vice-Chairman E. L. Mathews,
County Manager, Allen O'Neal; County
Clerk to the Board, Lucie F. Harrell.
Chairman Retchin called the meeting to order and welcomed all
persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
County Manager, Allen O'Neal, gave the invocation.
commissioner Robert G. Greer 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 received.
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APPROVAL OF CONSENT AGENDA
Chairman Retchin requested removal of Item #1, approval of the
minutes of the Regular Meeting of November 18, 1991, due to a
problem experienced with the computer during the final draft. The
minutes will be submitted for approval at the meeting of December
16, 1991.
Motion: Commissioner Greer MOVED, SECONDED by Commissioner
Barfield to remove Item #1 as requested and approve the remaining
items on the Consent Agenda as presented.
CONSENT AGENDA
Authorization for Upgrading a community Health Assistant position
to a Public Health Nurse I position - Health Department
. The Commissioners authorized the upgrading of a Community
Health Assistant position to a Public Health Nurse I position in
order to bill Medicaid for services rendered. No additional County
funds will be required.
Adoption of Resolution Awarding Bid #92-0207 to Arcadian
corporation for NOxOUT Reagent Environmental Management
Department
The Commissioners adopted a resolution awarding the low bid in
the amount of $.85/gal. to Arcadian corporation of Atlanta, Georgia
for NOxOUT Reagent. The Chairman was authorized to execute
contract documents for an estimated 2-year usage in the amount of
$220,320 with final approval of the contract documents by the Legal
Department.
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A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 24.
Adoption of Proclamation Designating the Week of December 7-13,
1991, as "Drunk and Drugged Awareness Week" in New Hanover County
The Commissioners adopted a proclamation designating the week
of December 7-13, 1991, as "Drunk and Drugged Awareness Week" in
New Hanover County. The Chairman was authorized to execute the
proclamation.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 24.
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
723
Authorization to Exceed Grant Limit of the Energy Conservation
Housing Rehabilitation Program for a Household on Sheppard Road
The Commissioners authorized exceeding the grant limit by
$2,072 for a household on Sheppard Road which is participating in
the Energy Conservation Housing Rehabilitation Program as
recommended by the Planning Department.
Approval of Public Officials Bonds
The Commissioners adopted a resolution approving Public
Official Bonds for the Clerk of Superior Court of New Hanover
County; New Hanover County Finance Officer; New Hanover County
Sheriff; Register of Deeds of New Hanover County; New Hanover
County Tax Collector; and Chairman of the New Hanover County ABC
Board in accordance with Chapter 109 of the North Carolina General
Statutes.
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The Commissioners adopted a resolution pursuant to the
provisions of section 18B-700 of the North Carolina General
Statutes, exempting from the bond requirement any member of the New
Hanover County ABC Board who does not handle funds.
The Commissioners adopted a resolution pursuant to the
provisions of section 162~8 of the North Carolina General Statutes
determining that the required Sheriff's Bond shall be in the total
amount of $5,000.
Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XIX, Page 24.
Approval of Budget Amendment #92-0079 to Budget Additional Revenue
Received from the N. C. Department of Environment, Health, and
Natural Resources for an Insect and Rodent Grant Health
Department
The Commissioners authorized the Chairman to execute the
contract documents for acceptance of State funds in the amount of
$41,917 for an Insect and Rodent Grant and approved the following
Budget Amendment:
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92-0079 Health Department/vector Control
Debit
Credit
Health Department/Vector Control
Insect and Rodent Grant
$41,917
Departmental Supplies
Fuel & Supplies
$13,000
$ 2,000
Non-Departmental
contingencies
$26,917
Purpose: To budget an additional $41,917 received from the State
for an Insect and Rodent Grant" at the Health Department.
Departmental supplies, fuel and supplies in Vector Control will be
increased to fund additional treatment for insects and rodents.
The chemicals used are more expensive than anticipated. An amount
of $19,000 in grant revenue was originally budgeted; however, the
State has increased the grant amount to $60,917 and the Vector
Control expenditure budget will be increased by $15,000 with the
remaining $26,917 budgeted to the general fund contingencies
account.
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A copy of the contract document is on file in the Legal
Department.
Approval of Budget Amendment #92-0080 to Budget Revenue Received
from an Equipment Trade-in for the Purchase of an I.D. Camera for
the Jail Annex
The Commissioners approved the following Budget Amendment:
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
92-0080 Sheriff's Department/Jail
724
Debit
Credit
Sheriff's Department/Jail
Sale of Fixed Assets
$150
$ 70
Training & Travel
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Capital Outlay - Equipment
$220
Purpose: To budget revenue received from a trade-in of equipment
for the purchase of a new I.D. camera for the Jail Annex. An
additional amount of $70 was transferred from training and travel
to cover the remaining cost of the new camera.
Approval of Contract #92-0218 with Imaginations for continuance of
EnviroSMART Advertising campaign for Recycling
The Commissioners approved a contract with Imaginations to
continue the EnviroSMART advertising campaign for recycling. The
Chairman was authorized to execute the contract documents.
A copy of the contract is on file in the Legal Department.
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Approval of Amendment to Policy for Use of the Courthouse Assembly
Room
The Commissioners approved an amendment to the policy for use
of the Courthouse Assembly Room to discontinue its use for private
wedding receptions or dances due to the following problems
experienced with these events as well as wear and tear on the room:
(1) disregard for the non-smoking rule; (2) disregard for the
stipulation that bird seed or rice must be thrown outside the
Courthouse (removing it from the cracks in the wood floor is very
time-consuming); (3) disregard for the requirement to remove trash,
tables, and other items; (4) disregard for the stipulated hours;
and (5) difficulty in collecting payment for the extra time or
clean-up required after these events.
ELECTION OF CHAIRMAN FOR THE COMING YEAR
Chairman Retchin opened the floor to receive nominations for
Chairman of the Board of County Commissioners for the coming year.
Commissioner Greer nominated Vice-Chairman Mathews.
There being no further nominations, Chairman Retchin declared
the nominations closed.
Vote: By acclamation, Vice-Chairman Mathews was appointed to serve
as Chairman of the Board for the coming year.
ELECTION OF VICE-CHAIRMAN FOR THE COMING YEAR
Commissioner Retchin opened the floor to receive nominations
for Vice-Chairman of the Board of County Commissioners for the
coming year.
Chairman Mathews nominated Commissioner Greer.
There being no further nominations, Commissioner Retchin
declared the nominations closed.
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Vote: By acclamation, commissioner Greer was appointed to serve as
Vice-Chairman of the Board for the coming year.
commissioner Retchin expressed appreciation for being allowed
to serve as Chairman for the past three years and stated he has
thoroughly enjoyed serving in this capacity. He congratulated
Chairman Mathews on his newly appointed chairmanship and wished him
well.
Chairman Mathews expressed appreciation to his fellow
Commissioners for their vote of confidence and complimented
Commissioner Retchin for an excellent job while chairing the Board
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
725
for the past three years. He introduced his wife, Mrs. Betty
Mathews, and expressed appreciation to her for support during his
tenure as a County commissioner.
Vice-Chairman Greer expressed appreciation to his fellow
Commissioners for their vote of confidence and thanked Commissioner
Retchin for an outstanding job as Chairman of the Board for the
past three years. He also, introduced his wife, Mrs. Lou Greer and
his mother, Mrs. Louise Greer, and expressed appreciation for their
support during his tenure as a County commissioner.
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commissioner Barfield complimented his fellow Commissioners
for working together in making decisions as a group instead of by
party affiliation and stated he has enjoyed serving with this
Board.
BREAK
Chairman Mathews convened from Regular Session for a break
from 6:45 o'clock P.M. until 6:58 o'clock P.M.
ADOPTION OF BUDGET SCHEDULE AND GUIDELINES FOR FY 1992-93
County Manager O'Neal commented on the request by the County
Commissioners for more involvement in the budget process and
presented the following guidelines and proposed budget schedule for
FY 1992-93:
GUIDELINES:
1. No new positions may be requested.
2. Temporary salaries may not be requested at a greater
amount than in previous years, unless this is part of the
department's downsizing plan.
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3. No overtime funds may be requested that are of a greater
amount than in previous years.
4. No reclassification of positions may be requested unless
they are a part of the department's downsizing plan.
BUDGET PREPARATION SCHEDULE
-December 9: Budget Department sends memo and budget
information to County departments and outside agencies
explaining the FY 1992-93 budget process and instructs them to
start the preparation process for items not based on last
year's expenditures.
-Early January: Budget Work Session with commissioners.
-Late January: Budget meeting with Department Heads.
-January 14: Printouts with expenditures and revenues through
December are distributed to departments.
-Departmental narratives, major accomplishments for FY 1991-
92, and objectives for FY 1992-93 submitted to the Budget
Department.
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-Departmental organization charts are submitted to the Budget
Department.
-January 28: Computer requests, garage
telephone requests are to be submitted
Department.
requests, and
to the Budget
-Temporary salary requests, overtime/on-call salary requests,
and reclassification requests submitted to the Human Resources
Department.
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MINUTES OF REGULAR' MEETING, DECEMBER 2, 19'9'1
726
-February 3: Outside agencies submit budget requests to the
Budget Department.
-February 10: Departments submit budget line item
justification forms to the Budget Department (all requests
except for the schools.)
-Departments submit revenue projections to the Budget
. Department.
submit computer printout(s) to the Budget
-Departments
Department.
-February 24: commissioners receive notebooks with outside
agencies' requests and printout of departments' requests.
-Departments receive revised budget requests and printouts
including: salaries and fringe benefits, installment lease
payments, telephone, and insurance expenses.
-Between February 25 , March 9: Work Session for
Commissioners to hear outside agency funding requests.
-March 1: Board of Fire Commissioners' recommended budget for
Fire District submitted to the Budget Department.
-March 2: Targeted date for 5% reduction in positions.
-March 10-13, 17-20, 24-27: Departmental budget hearings
with County Manager. The Commissioners are invited to attend.
A detailed schedule will be forwarded in March.
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-March 16: Department Heads will be notified if additional
positions will be targeted for elimination.
-April 16: Schools' budget submitted to the County. By law,
this budget is not required to be submitted until May 15.
-May 4: County Manager's recommended budget presented to
Commissioners.
-May: 1 1/2 to 2 days for budget hearings with the
Commissioners.
-June 1: Public Hearing on budget and possible adoption at a
night meeting.
-June 15: Adopt the budget.
commissioner Retchin recommended a time limit being
established for all county and outside agencies when presenting
budget requests to the County Commissioners.
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commissioner Sutton recommended scheduling a Work Session in
January as done in the previous year in order to better understand
the budget process.
County Manager O'Neal stated Staff is planning to hold a Work
Session on a Friday and Saturday in early January. Dates and
details will follow.
Further discussion was held on the downsizing package. County
Manager O'Neal stated adoption of a budget without a tax increase
will change the operation and functions of County Government since
all departments will be presenting budget requests with a 10%
reduction.
Consensus: After further discussion, it was the consensus of the
Board to adopt the budget schedule as presented by the County
Manager and to instruct Staff to establish a time limit of 10
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
727
minutes with no more than one or two speakers when hearing budget
requests from county and non-county agencies.
REVIEW OF COUNTY FUNDING FOR SUBSTANCE ABUSE CONTROL ORGANIZATIONS
AND PROGRAMS
Chairman Mathews introduced Mr. Terry H. Horton and Mr. James
K. Reilly, members of the New Hanover County Alcohol & Drug Abuse
Task Force, and expressed appreciation to them for their effort and
work in trying to identify and focus on community needs to reduce
the drug and alcohol problems in our community.
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County Manager O'Neal presented the following list of County
funding allocations to organizations for treatment or prevention of
substance abuse:
-Southeastern Center:
$352,387
-The Southeastern Center provides individual and outpatient
group counseling, and case management for substance abusers
and their families. Medical detoxification is provided to
those individuals whose withdrawal from a chemical might be
life threatening. Outpatient services are provided in the
treatment of chemically dependent/abusing individuals.
Prevention and education programs are provided particularly
among high risk youth.
-Domestic Violence:
$4,000
-When necessary, drug and alcohol treatment is required before
women can stay at the shelter. Alcohol and drug prevention
programs are offered to children who are staying at the
shelter.
-Sheriff's Department: $100,000
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-The Sheriff's Department includes a drug prevention message
in all programs. A full time uniformed officer teaches fifth
graders in the nine County schools about substance abuse
prevention.
-Cape Fear Substance Abuse center: County dollars are used
for the operation of the Crisis Line/Open House, not drug
prevention programs.
-Family services/After School Enrichment
program offers educational activities on
Cost was not isolated.
Program: This
drug prevention.
-Juvenile Services Center: Substance abuse training and
counseling are included in the program for detained youth.
Cost was not isolated.
-Rescue Mission of Cape Fear: County dollars are not used for
a drug prevention program, but there is a six-step program
offered through other funding.
A lengthy discussion was held on the need to provide treatment
and prevention programs, particularly for drug abuse. Commissioner
Barfield expressed concern for the increase of drug users and
stated this problem must be addressed within the inter-city. He
emphasized the importance of the Alcohol & Drug Abuse Task Force
bringing the various groups and organizations together with
involvement of our citizens to effectively address the drug
problem.
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Mr. Terry H. Horton, Chairman of the New Hanover County
Alcohol & Drug Abuse Task Force, stated the Task Force is currently
performing a community needs assessment and resource inventory
which should assist in bringing the various agencies, businesses,
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
728
and private sector together in reducing the drug and alcohol blight
in our community.
County Manager O'Neal recommended scheduling a Work Session
with the Alcohol & Drug Abuse Task Force after the Regular Meeting
of February 17, 1992, at 1:00 P.M. to further discuss the substance
abuse problem.
Consensus: It was the consensus of the Board to schedule a meeting
with the Alcohol & Drug Abuse Task Force on February 17, 1992, at
1:00 P.M. The Task Force was requested to bring a copy of the
community needs assessment document, if completed by that date.
Discussion was held on the small amount of funding received by
the Southeastern Center from the State. Commissioner Sutton
commented on the average $25 per capita rate and stated if the
Southeastern Center had received this rate, instead of the $15 per
capita rate received, an additional $1.6 million would have been
allocated. He expressed concern as to why 20 centers are under
funded by the State and recommended contacting these counties to
see if they would be interested in working together to resolve this
problem.
Commissioner Barf ield also recommended involving the local
legislative delegation in trying to resolve the funding issue.
Motion: After further discussion, Commissioner Sutton MOVED,
SECONDED by Commissioner Retchin to contact the counties who are
not receiving the full funding per capita rate from the State for
their mental health centers to see if they would be interested in
joining an effort to correct this funding inequity. Staff was also
instructed to involve the local legislative delegation in this
effort.
DISCUSSION OF POLICY CHANGES IN MINORITY BUSINESS
ENTERPRISE/DISADVANTAGED BUSINESS ENTERPRISE PROGRAM BIDDING
PROCESS
Assistant to the County Manager, Pat Melvin, stated the Myrtle
Grove Branch Library presents a unique opportunity to weigh the
advantages of requiring several of the MBE participation forms from
the low bidder after the bid opening. Several prime contractors
have requested consideration of utilizing this procedure in order
to lessen the amount of documentation required prior to the bid
opening. The current policy requires submission of information
concerning good faith efforts along with the bid proposal. The
specific complaint received from contractors is that it is
impossible to accurately complete all documentation prior to
submission of the bid proposal because many subcontractors and/or
suppliers do not submit their bid prices prior to the bid opening
deadline. Also, complaints have been received on the amount of
documentation required for the MBE bidding process, which increases
the bid price by 1%.
Currently, projects are scheduled to be awarded by the Board
of County Commissioners within 7-10 working days after a bid
opening; therefore, it is imperative to receive documentation of
good faith efforts immediately so that follow-up verifications can
be made with the recommendation of contract awards. Minority/women
contractors feel that submission of information upon submission of
bid proposal assures them that they will work on the project, and
be less subject to bid-shopping.
The County is committed to the MBE Program; however in an
effort to enhance the development of minority/non-minority
contractor relations, we seek to be responsive to all parties
concerned. The Myrtle Grove Branch Library project presents an
opportunity to not only assess the contractors' levels of success
in involving minority contractors, but to determine if a
relationship exists between submission of documentation and bid
prices. It is recommended that the County use this opportunity to
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
729
make assessments without changing current policy in order to
evaluate whether or not contractors concerns are meritorious. In
this instance we would require minimum documentation from all
bidders upon submission of bids; and require submission of
additional documents of good faith efforts by the apparent low
bidder within 48 hours after the bid opening.
commissioner Barfield strongly objected to presenting this
type of procedural change and recommended denial of the request.
He suggested development of some bidding process that will allow
contractors to bid fairly and competitively with award of the bid
based upon the price, not race or gender.
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Mr. Ed Mayorga, owner of R&E Electronics which qualifies as a
minority owned business, stated he is very offended when
contractors imply that a company pays an additional price for
meeting the minority requirements. He emphasized the importance of
awarding a contract to a low bidder with a good faith effort made
to include women and minorities which will produce a better price
for the project. He also recommended that New Hanover County
develop a policy such as Forsyth County whereby subcontractors must
be designated at the bid opening.
Motion: After a lengthy discussion of the current policy and the
possibility of requiring the designation of all subcontractors,
minority or otherwise, Commissioner Barfield MOVED, SECONDED by
Commissioner Retchin to leave the MBE bidding process unchanged for
the Myrtle Grove Branch Library project, and direct Staff to
compare the County's MBE bidding process with the process being
used by Forsyth County. A report is to be presented to the Board
at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY.
AWARD OF BID #92-0202 AND APPROVAL OF CONTRACT #92-0202 WITH
NORTHWESTERN EMERGENCY VEHICLES, INC. FOR PURCHASE OF 1992 TYPE III
AMBULANCES - EMERGENCY MEDICAL SERVICES DEPARTMENT
County Manager O'Neal requested award of the bid to the lowest
responsible bidder, Northwestern Emergency Vehicles, Inc., for the
purchase of two ambulances. The following bids were publicly
opened at 3:30 P.M. on November 19, 1991;
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First Response, Inc.
Northwestern Emergency Vehicles, Inc.
Professional Vehicles, Inc.
$127,656
$129,958
$143,224
Motion: After discussion of the fact that the lowest bidder did
not comply to the bid specifications, Commissioner Retchin MOVED,
SECONDED by Vice-Chairman Greer to adopt a resolution awarding the
bid to Northwestern Emergency Vehicles, Inc., the lowest
responsible bidder, in the amount of $129,958 for the purchase of
two 1992 Type III ambulances. The Chairman was authorized to
execute the contract documents. 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 24.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR
EXPANSION OF THE DINING ROOM FOR TRAILS END RESTAURANT UNDER THE
"HISTORIC RESTAURANT" DESIGNATION (S-336, 9/91)
Chairman Mathews opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to comment must be sworn in by the Clerk to the
Board.
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The following persons were sworn in:
John Coble
Lonnie Williams, Jr.
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
730
Planning Director Hayes stated the Planning Commission voted
unanimously to recommend granting the Special Use Permit since the
dining room addition would create only minimal impacts to nearby
properties.
The following Staff findings were presented:
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General Requirement #1: The proposed use will not materially
endanger the public health or safety based upon the following
findings:
1. The site is currently' occupied by a "historic" restaurant
facility. This business caters to diners and serves
alcoholic beverages.
2. The site is located within the Myrtle Grove Volunteer
Fire Department District.
3. The existing use and any approved expansions to it would
have access to Trails End Road. The expansion would
generate a minimal amount of traffic on a dead-end
residential street.
General Requirement #2:, The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
1. The ordinance was amended October 7, 1991, creating and
defining "historic restaurant" and establishing the use
as a Special Use Permit in the R-15 District. There are
no special conditions listed in the Zoning Ordinance for
establishing this use.
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Other general conditions applicable to restaurant
facilities, include: off-street parking, handicap
access, setbacks, landscaping and buffering and Coastal
Areas Management Act Regulations: (a) The existing
building and proposed addition meet the side and rear
setback requirements of the R-15 Residential district.
The current side yard setback for the north side of the
building is 28.41 feet. It is 14.8 feet on the south
side. Other non-conforming outbuildings are also located
on the property. It would be difficult to apply setback
standards based on building height given the building's
current location on the site. The maximum building
height in the R-15 district is 35 feet. Neither the
existing building or the addition exceed that limit; (b)
The current facility encompasses approximately 3,416
square feet. The addition would add approximately 728.5
square feet. The facility consists of a lounge, dining
room, kitchen, waiters' station and hostess area. This
addition would increase the floor area by 21%; (0) The
restaurant has a seating capacity of 90 and the addition
would increase the number of seats to 110. The largest
number of employees on any given shift is 11. Applying
current standards would mea~ the restaurant would need a
minimum of 41 parking spaces (1 space per 3 seats and 1
space per two employees). Ample parking is available on
the site; and (d) this site lies within an area of
"Environmental Concern". It is immediately adjacent to
Masonboro Sound, which is classified "outstanding
Resource Waters". The elimination of an internal marl-
covered drive not considered essential for internal
circulation on the site will allow the impervious surface
coverage to remain at its present level and in compliance
with CAMA guidelines.
General Requirement #3: The proposed use will not substantially
injure the value of adjoining or abutting property or that the use
is a public necessity based upon the following findings:
2.
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
731
1. The existing facility was located on the site prior to
adoption of zoning for the area. Zoning was established
in 1969.
2. A minimal amount of traffic, lighting, and noise would be
generated in the later evening hours.
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:
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1. Masonboro Boatyard & Marina is located 100 feet to the
north. It is zoned 1-1 Light Industrial.
2. Properties along Trails End Road are developed with a
mixture of housing types (mobile homes, single-family and
attached dwellings).
3. A minimal amount of noise, lighting, and traffic can be
anticipated as a result of the expansion.
Chairman Mathews asked if the petitioner agrees with the
findings as presented by Staff. Mr. John Coble, the petitioner,
concurred with the findings and statements as presented.
Chairman Mathews 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 Mathews closed the Public Hearing.
Motion: Commissioner Retchin MOVED, SECONDED by Chairman Mathews
to grant the Special Use Permit based upon the evidence presented
concluding that the four general requirements have been
satisfactorily met. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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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 REZONING APPROXIMATELY 5 ACRES ON THE
WEST SIDE OF SOUTH COLLEGE ROAD TO (CD)B-2, LAW EQUIPMENT STORAGE
FROM R-15 RESIDENTIAL (A-444, 11/91, APPEALED ITEM)
Chairman Mathews opened the Public Hearing and stated the
rezoning must be approved as well as granting a Special Use Permit
for the Conditional Use Zoning District; therefore, anyone wishing
to comment must be sworn in by the Clerk to the Board.
The following persons were sworn in:
Dan Phelps
William C. Howard, Jr.
Planning Director Hayes stated the Planning commission voted
5 to 2 to recommend denial of the applicant's request feeling that
South College Road should remain a residential corridor. Other
concerns were for spot zoning, devaluation of adjoining properties;
and an increase in traffic on an already busy road. Staff feels
that applicant's proposal would undermine the residential trend
that has emerged along this portion of South College Road.
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commissioner Barfield inquired as to whether the building and
greenhouses would be permitted under the present R-15 zoning?
Planning Director Hayes stated the petitioner can place
greenhouses or the proposed building on the property presently
zoned R-15 if the building is part of the wholesale nursery
operation; however, the proposed lawn landscaping contracting
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
732
business cannot be operated in a residential district. He stated
the proposed conditional use zoning is the most appropriate way to
accommodate the B-2 zoning if the -Board decides to approve the
request.
The following staff findings were presented:
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General Reauirement #1: The proposed use will not materially
endanger the public health or safety based upon the following
findings:
1. Activities proposed for the site include wholesale greenhouses
which are permitted by right and the construction of a 2,400
square foot building for storing landscape maintenance
equipment used by Phelps Lawn Care Service. The activities
represent only a small percentage of development on the total
tract. The tract is five acres.
General Reauirement #2: The proposed use meets all required
conditions and specifications of the Zoning Ordinance based upon
the following findings:
1. There are no special conditions enumerated in the Special Use
Permit section of the ordinance.
2. Setbacks based on building height will be applied to the
construction of the storage building. The minimum side yard
setback is 30 feet and 35 feet for the rear yard.
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 finding:
.
Adjoining properties consist of larger undeveloped acreage
tracts, except for the Heritage Baptist Church facility
located on property to the northeast of the subject parcel.
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.
1. The majority of developed lands between Monkey Junction and
the corporate limits of Wilmington is for residential uses.
The remaining developed lands are used for institutional type
services - churches, funeral homes.
2. Traffic should have minimal impact because of the limited
operations of the business.
Chairman Mathews asked if the applicant agrees with the
findings as presented by the Planning Staff. Mr. Phelps stated he
concurred with the findings as presented.
Chairman Mathews asked if anyone present would like to speak
in favor of the rezoning request. The following person commented:
.
Attorney Alex Hall, Jr., representing Mr. Phelps, stated the
applicant intends to construct a 40' x 60' building to store
equipment associated with his lawn service. Since the structure
will be used for storage of equipment, the property will have to be
rezoned from R-15 to B-2. Under the current residential zoning,
the two additional greenhouses can be constructed by right;
however, any retail use of these structures requires a commercial
zoning designation. No objections have been expressed by adjoining
property owners to the proposed commercial rezoning, and the
applicant, if he so desired, could construct as many as 60
residential units on this land under the present R-15 zoning.
Attorney Hall requested approval of the rezoning.
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
733
Chairman Mathews asked if anyone from the general public would
like to speak in opposition to the rezoning. The following person
commented:
Mr. William C. Howard, Jr., a resident of Samsara Estates,
commented on residential development along South College Road and
stated approval of commercial zoning will open the door for spot
zoning. He requested the Board to deny this rezoning request.
Chairman Mathews closed the Public Hearing.
commissioner Retchin commented on the purpose of a Conditional
Use Zoning District and stated the intent of this zoning
classification is to allow a business operation of this type to
locate in a residential community without harming adjoining
property owners.
Motion: After further discussion, Commissioner Sutton MOVED,
SECONDED by Commissioner Retchin to approve rezoning approximately
five acres on the west side of South College Road from the R-15
Zoning District Classification to the CD (B-2) Highway Business
Zoning District Classification. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF MASONBORO ZONING AREA OF NEW HANOVER COUNTY,
NORTH CAROLINA, ADOPTED OCTOBER 15, 1969," is hereby incorporated
as a part of the minutes and is contained in Zoning Book I, section
entitled Masonboro, Page 19.
Discussion was held on retail activities and the need to place
condi tions on the Special Use' Permit in order to protect the
surrounding residential community.
Motion: After further discussion, commissioner Sutton MOVED,
SECONDED by Commissioner Retchin to approve an order granting a
Special Use Permit in a Conditional Use Zoning District for a
Landscape Contracting and Lawn Service based on the evidence
presented concluding that the four general requirements have been
satisfactorily met and contingent upon the following conditions:
(1) wholesale nursery and greenhouse operations are to be permitted
in accordance with existing ordinance requirements; (2) landscape
contracting and lawn services will be permitted; (3) no retail
activities are permitted; (4) no signage is permitted; (5) the
storage building permitted in conjunction with the landscape and
lawn service operations is limited to 3,800 square feet in area;
and (6) a 25 foot buffer is to remain along the perimeter utilizing
existing natural vegetation. 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.
BREAK
Chairman Mathews convened from Regular Session for a break
from 8:45 o'clock P.M. to 9:00 o'clock P.M.
ADOPTION OF POLICY FOR USE OF EMERGENCY TELEPHONE SYSTEM SURCHARGE
FUND
Deputy County Manager, Mary Gornto, requested adoption of a
policy regarding the use of the 911 surcharge funds for
establishment of a centralized Emergency 911 Center. Funds
generated from the surcharge will pay for the following items: (1)
the lease, purchase, or maintenance of emergency telephone
equipment, including necessary computer hardware, software and
database provisioning, addressing, and nonrecurring costs of
establishing a 911 system; and (2) the rates associated with the
service supplier's 911 service and other service supplier recurring
charges. certain 911-related expenses are not eligible for payment
from surcharge funds, including the lease or purchase of real
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
734
estate; cosmetic remodeling or emergency'dispatch centers; hiring,
training, and compensating dispatchers; and the purchase of mobile
communications vehicles, ambulances, fire engines, or other
emergency vehicles. The surcharge will be collected by Southern
Bell, which is authorized to deduct a one percent (1%) fee to cover
administrative expenses. Upon receipt by the County, these funds
will be maintained in a restricted account. ' ,
.
The County presently has a modified centralized Emergency 911
Center and with the utilization of the surcharge the Center will
become completely centralized including dispatching. The Board was
requested to 'adopt the resolution establishing a policy for the use
of funds received from the surcharge.
Vice-Chairman Greer emphasized the importance of using the
funds only for the purchase the equipment necessary to establish
the centralized Emergency 911 Center and recommended a reduction in
the surcharge once these items have been purchased.
Motion: After further discussion, Commissioner Retchin MOVED,
SECONDED by Chairman Mathews to adopt a resolution establishing a
policy for the use of funds generated ~rom the 911 surcharge for
development of a centralized Emergency 911 System. 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 24.
.
APPROVAL OF BUDGET AMENDMENT #92-0081 FOR TRANSFER OF FUNDS FROM
911 REVENUE TO THE CAPITAL PROJECT BUDGET
Deputy County Manager, Mary Gornto, requested approval of a
budget amendment for the transfer of $100,000 from 911 surcharge
revenues to the capital project budget for qualifying expenses of
the 911 system.
Motion: Commissioner Retchin MOVED, SECONDED by Chairman Mathews
to approve the following budget amendment. The floor was opened
for discussion.
Vice-Chairman Greer commented on having no problem with
utilizing eligible expenditures from the 911 surcharge revenues,
but expressed concern for increasing the capital project for the
jail expansion by $66,000 to convert the dormitory-type space to a
maximum security facility. He recommended not installing the gauge
steel roof. .
Architect Bruce Bowman commented on the reasonable price and
stated in order to save future expenses, it would be wise to
install the gauge steel ceiling to make the dormitory-type space a
maximum security facility, which he feels will be required in the
near future.
Chairman Mathews called for a vote on the MOTION to adopt the
following budget amendment as presented. Upon vote, the MOTION
CARRIED AS FOLLOWS:
.
Voting Aye: Commissioner Barfield
Commissioner Retchin
Commissioner'sutton
Chairman Mathews
Voting Nay: Vice-Chairman Greer
92-0081 Sheriff's Department/Jail Expansion
Emerqency Telephone System Fund
Debit
Credit
Sheriff's Department/Jail Expansion
Transfer from Emergency Tel. System Fund
$81,043
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
735
Debit
Credit
Contingency
$81,043
Emerqency Telephone System Fund
911 Surcharge
$81,043
Transfer of Jail Expansion Project
$81,043
Purpose: To fund qualifying expenses of the 911 System
improvements that are part of the jail expansion capital project
from the 911 surcharge. Funded items include: backup for primary
dispatch antenna, electrical improvements, and installation of
equipment.
()
Discussion was held on the amount of the surcharge rate.
Commissioner Sutton urged Staff to work toward reducing this rate
as soon as possible.
County Manager O'Neal stated the rate will depend upon the
recommendations of the Radio Task Force as well a~ when the
municipalities begin to participate in the centralized 911 Center.
Also, the dispatch function will require radio equipment compatible
with all law enforcement and emergency response agencies within the
County which will require the purchase of equipment.
AWARD OF CONTRACT #92-0170 TO RICHARD CATLIN' ASSOCIATES, INC. FOR
REMOVAL OF UNDERGROUND STORAGE TANKS
Director of Environmental Management, Ray Church, requested
award of the bid to the lowest responsible bidder, Richard Catlin
& Associates, Inc. for removal of nine underground storage tanks at
the following locations: the Landfill, Garage, County Farm, and
Airport. The following bids were received with the lowest two
bidders not meeting bid specifications:
Richard Catlin & Associates
SPATCO
Specialized Marine, Inc.
Westinghouse Environmental
$29,000.50
$37,380.00
$28,967.50
$28,510.22
()
Director Church stated the contract is for removal and
destruction of the underground storage tanks, but does not include
any clean-up costs that could be involved with contaminated soils.
Motion: Chairman Mathews MOVED, SECONDED by Commissioner Retchin
to award the bid to Richard Catlin & Associates, Inc., the lowest
responsible bidder, in the amount of $29,000.50 for removal of the
underground storage tanks. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER , SEWER DISTRICT
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer 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 Mathews convened from Regular Session at 9: 30 0' clock
()
P.M.
Motion: commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Mathews reconvened to Regular Session at 9: 46 0' clock
P.M.
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
.
736
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
.
Discussion of Attendance to the National Association of Counties
1991 Legislative Conference in washington, D. C.
Chairman Mathews commented on the NACo Legislative Conference
in Washington, D. C., to be held February 29 through March 3, 1992,
and recommended that the number of Commissioners attending the
conference be limited due to budgetary constraints.
commissioner Barfield and Vice-Chairman Greer expressed
concern for limiting the number of Commissioners attending a
conference and stated each Commissioner should be allowed to decide
if he so desires to attend a conference based upon the programs
being presented.
After further discussion, the Commissioners were requested to
inform the Clerk to the Board if they plan to attend by Friday,
December 6, 1991.
Announcement of Reception Sponsored by the Military Affairs
Committee Honoring commanding Generals at Camp Lejuene and Area
commanding Officers
Chairman Mathews reminded the Board of the reception being
sponsored by the Military Affairs Committee honoring Commanding
Generals from Camp Lejuene and area Commanding Officers to be held
on December 4, 1991, at 5:00 P.M. in the Assembly Room of the New
Hanover County Courthouse.
.
Announcement of Work Session with the New Hanover County Airport
Authority
Chairman Mathews reminded the Commissioners of the joint Work
Session scheduled with the New Hanover County Airport Authority on
Wednesday, December 11, 1991, at 3:30 P.M. in the International
Terminal Building, 1831 Hall Drive, Wilmington, N. C.
Announcement of Work Session with waste-to-Energy Advisory
Committee
Chairman Mathews reminded the Commissioners of the Work
Session scheduled with the Waste-to-Energy Advisory Committee on
Friday, December 13, 1991, in the Assembly Room of the New Hanover
County Courthouse.
county Attorney Welcomed Back
Vice-Chairman Greer welcomed County Attorney Robert W. Pope
back from his recent surgery and stated he was missed by all.
Discussion of Garbage Pick-up Hours
Commissioner Retchin commented on receiving a complaint with
reference to garbage trucks picking up trash at-4:30 A.M. in the
Kings Grant Subdivision and inquired as to whether the County can
control the hours of operation?
County Manager O'Neal stated a County Ordinance could be
adopted to control the hours of pick-up; however, if the County had
a franchise, these types of items could be controlled.
.
Commissioner Retchin inquired as to whether Staff is studying
the possibility of establishing some form of a franchise or Solid
Waste Plan for New Hanover County?
Assistant County Manager Dave Weaver stated Staff is working
with the city in trying to develop a joint Solid Waste Management
Plan; however, progress has been slow. The County is taking the
initiative with development of the plan in order to comply with the
March 1992 deadline established by the State. The scope of the
plan will be scaled down and will not address issues such as
establishing a County franchise operation but will recommend
appointment of a task force to look at the possibility of
establishing a franchise system.
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991
737
Commissioner Retchin recommended review of the proposed
franchise agreement by the Board without going through a task
force.
Commissioner Barfield expressed concern for reacting too
quickly to one complaint and strongly objected to considering a
franchise system without receiving input from the haulers.
commissioner Retchin stated the haulers should be provided the
opportunity for input; however, the County should be considering
some form of a graduated trash collection service so County
citizens can subscribe for a service based on volume.
()
Director of Environmental Management, Ray Church, stated
during holiday periods, haulers do collect garbage at early hours
and the personnel at the Waste-To-Energy Facility try to work with
the haulers during these rush periods.
Consensus: After further discussion, it was the consensus of the
Board to direct the County Manager to write a letter to the hauler
informing him of the complaint.
Discussion of Property Tax Relief for Elderly and Permanently
Disabled Persons
Commissioner Retchin announced he will be attending a Taxation
and Finance Committee of the N. C. Association of County
Commissioners. He requested authorization to seek support from the
Association for a bill, to be introduced by Senator Block, that
will provide relief to the elderly and permanently disabled persons
by incorporating two options: (1) deferring the property tax for
qualified elderly and permanently disabled property owners; and (2)
increasing the current $11,000 exemption. By encompassing both
options, qualified property owners have a choice, and hopefully,
this will encourage the General Assembly to pass enabling
legislation.
()
Consensus: After discussion of the importance of providing some
form of property tax relief to these persons, it was the consensus
of the Board to authorize Commissioner Retchin to pursue
incorporation of both options into a bill.
Discussion of Microphones
Commissioner Retchin recommended contacting Property
Management for installing the microphone cords through the top of
the desks, and he also recommended each member of the
Administrative Staff be provided microphones.
The Clerk to the Board was directed to contact Property
Management and work out a satisfactory system.
ADDITIONAL ITEMS - COUNTY MANAGER
Announcement of Sexual Harassment and Americans with Disabilities
Act Workshop for Department Heads
County Manager O'Neal announced that a Sexual Harassment and
Americans with Disabilities Act Workshop will be held on Thursday,
December 5, 1991, in the Health Department Auditorium from 8:00
A.M. until 3:00 P.M. He invited the Commissioners to attend.
:e)
Acceptance of Low Bid to Tri-con Contractors, Inc. for Construction
of Four (4) single-Family Dwellings in the wrightsboro community
Through the wrightsboro comprehensive Housing Rehabilitation
Program
Planning Director, Dexter Hayes, stated the following bids
were opened today and recommended award of the low bid to Tri-Con
Contractors, Inc. for construction of four single family dwellings
eligible to receive funds from the wrightsboro Community
Development Block Grant Program:
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MINUTES OF REGULAR MEETING, DECEMBER 2, 1991 738
Tri-Con Contractors, Inc. $33,483 per dwelling
Multistate Contracting $33,600 per dwelling
Southeast Construction $33,879 per dwelling
Almetal, Inc. $57,599 per dwelling
Arcon Construction Corp. $39,613 per dwelling
SOl Construction $40,071 per dwelling
Jack Courtwright Builders $47,000 per dwelling
Mullins Construction $38,200 per dwelling
. Massengill, Inc. $42,500 per dwelling
Carolina Communications $35,000 per dwelling
Better Home Services $34,000 per dwelling
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to award the low bid to Tri-Con Contractors, Inc. in the
amount of $33,483 per dwelling contingent upon the contractor
meeting MBE requirements. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
EXECUTIVE SESSION
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to convene to Executive Session to discuss a personnel
matter. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews convened from Regular Session at 10:05 P.M.
Motion: commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Mathews reconvened to -Regular Session at 11:15
o'clock P.M.
. ADJOURNMENT
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 11:16 o'clock P.M.
ci=t;: ~
Lucie F. Harrell
Clerk to the Board
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