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1991-12-02 Regular Meeting ~ MrNUTES OF REGULAR MEETING, DECEMBER 2, 19 !tl .':<1._. ',; 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. . 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. . 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. . 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. ~ ( 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. () 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: () 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. () 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: ~ > if!' ~ j;_d~""" ;'i~1f:,~~ i..ir~'~'; ~1!'; ~:.'.:; , 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 . 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. . 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. . 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 ~ ~ / I I I I l \ 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. o 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. n 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. o -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. ..... I~~" "i ~ . !l"~F"":- ,:' .1. '" 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. . -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. . 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 ~ ~ /' / I 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. () 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 () -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. () 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, I ~ . . . lj ;,".;.,;; " fJ..~ ~ '-, !;, ~ . 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 ~ I 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. o 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; () 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. () The following persons were sworn in: John Coble Lonnie Williams, Jr. :\ .~'.{.""";"'i ~ ,,:'~ ~~ ~~.' ~,:-\ -f." 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: . 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. . 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. . ~ ( I 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: () 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. () 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. () 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 ~ ~ I, t;: ,~:.~ ..:; ,..t, ". . . I ~ 1 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: . 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. ~ (~ r 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 " ;n () () ~ . !,'./"; 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 ~ ( 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. ~\ ~ j 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. ~ ( 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: ~ ftlf. ~ 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 . ~