1992-04-06 Regular Meeting
.
.
.
~
MINuTES OF REGULAR MEETING, APRIL 6, 1992
PAGE 869
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, April 6, 1992, at 6:30 P.M. in the Assembly Room
of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
Members present were: Commissioners Jonathan Barfield, Sr.;
Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer;
Chairman E. L. Mathews, Jr.; County Manager, Allen O'Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Mathews called the meeting to order and welcomed all
persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell gave the invocation.
commissioner Sutton led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Mathews asked if anyone from the general public would
like to present an item not listed on the Regular Agenda or comment
on an item listed on the Consent Agenda.
The following items was presented:
Discussion of Office Hours for the Inspections Department
Mr. C. K. Henry, a ditch contractor installing sewer lines,
expressed concern for not being able to have a site inspected after
2:30 P.M. He stated ditches remaining open at night in
neighborhoods where the sewer line is being installed are a safety
hazard to children as well as costly to the contractor due to the
possibility of rain, which requires re-digging of the ditch. He
also expressed concern for the lack of communication with the
County Inspections personnel due to the telephone answering system
which does not allow the caller to speak to an individual. This
lack of communication can cause delays in work and inconvenience
for the contractor and inspector. For example, last week a site
was to be inspected. When the inspector did not arrive before 4: 30
P.M. the crew left. The inspector arrived at 4:45 P.M. An effort
had been made to contact the Inspections Department, but no direct
communication occurred; therefore, time was lost for the crew as
well as for the inspector. Mr. Henry requested a change in the
office hours and communication system.
County Manager O'Neal stated this item has been discussed with
the Inspections Department. Currently, inspectors come in from the
field around 3:15 P.M. in order to prepare and submit daily reports
by 4:00 P.M. Staff is reviewing the possibility of extending the
hours worked until 5:00 P.M. with staggered work hours for one
inspector in each trade category. He stated the original work
hours were changed to 7:30 A.M. - 4:00 P.M. at the request of local
contractors.
commissioner Barfield commented on numerous occasions of
trying to call the Inspections Department with no answer and
strongly objected to the telephone system now being used.
Discussion was held on the number of calls received per day.
Commissioner Sutton commented on the number of complaints received
from contractors about the telephone system and inquired as to
whether there is written documentation of the exact time each call
is received and the time of response to that call? Assistant
County Manager, Dave Weaver, stated the phone mail system records
the time and date of the message; therefore, if desired, the
response action could be checked; however, calls are not presently
monitored. The Inspections Department is currently reviewing two
methods of revising the phone mail system: (1) purchase a system
"
~
(
I
I
I
\
~INUTES OF REGULAR MEETING, APRIL 6, 1992
PAq, 81Q
at a cost of $20,000 which will park a call until a clerk or
inspec:tor becomes available; or (2) change the sequence of the
present system to increase the possibility of talking directly to
a clerk by 50%.
Chairman Mathews expressed appreciation to Mr. Henry for his
remarks and stated the phone mail system will be reviewed by Staff
with preparation of recommendations for improving this service.
Invitation Extended for Attendance to Human Relations commission
Workshops
Ms. Sandra Harkin, a member of the New Hanover Human Relations
Commission, invited and encouraged the Commissioners to attend the
following workshops:
o
The Americans with Disabilities Act and The civil
Rights Act of 1991 Workshop April 23, 1992
Holiday Inn - wrightsville Beach
9:00 A.M. until 1:00 P.M.
The Fair Housing Workshop - May 4, 1992
Holiday Inn - wrightsville Beach
9:00 A.M. until 1:00 P.M.
APPROVAL OF MINUTES
Commissioner Retchin commented on amendments to the minutes as
presented by the Clerk to the Board and recommended that these
amendments be accepted.
Motion: commissioner Sutton MOVED, SECONDED by Vice-Chairman Greer
to approve the minutes of the Budget Work Session held on March 9,
1992, and the minutes of the Regular Meeting of March 16, 1992, as
amended by the Clerk to the Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
n
\.J
APPROVAL OF CONSENT AGENDA
Vice-Chairman Greer requested discussion of Consent Agenda
Items 6, 7, 8, 11, 12, and 13.
County Manager O'Neal requested discussion of Consent Agenda
Item 20.
APPROVAL OF CONSENT AGENDA ITEM 20, CONTRACT #92-2073 WITH THE
INTERTECH GROUP FOR ENGINEERING CONSULTANT SERVICES AT THE WASTE-
TO-ENERGY SITE ENVIRONMENTAL MANAGEMENT DEPARTMENT
County Manager O'Neal commented on a discussion with Mr. Peter
J. Pattinson, President of The Intertech Group, and stated the
services being provided are at a very reasonable price; therefore,
due to the type of contract with no d~sign or supervision required
by The Intertech Group, he would recommend waiving the professional
liability insurance requirement in the standard County contract
since this coverage would cost Mr. Pattinson $1,500.
Dr. William sisson, a concerned citizen, complimented the
Board for hiring the group to evaluate the present state of
completion of the newly expanded Waste-to-Energy Facility, but
expressed concern for an open ended contract with terms of $75 per
hour for a period of six to eight weeks.
()
commissioner Retchin stated the contract does have a $15,000
cap; therefore, the amount of mo~ey paid to The Intertech Group
cannot exceed that amount without approval by the Board of County
Commissioners.
Dr. Sisson stated he was not aware of this fact and is pleased
to know that a cap has been included in the contract.
Motion: After further discussion of the need for this service,
commissioner Retchin MOVED, SECONDED by Commissioner Sutton to
accept the contraqt with The Intertech Group and waive the
/' ') i.; .~ :":'!~~~'
i:" '>,. !~
~
;"'.;:t)~.}. .}
MINUTES OF REGULAR MEETING, APRIL 6, 1992
PAGE 87!
professional liability insurance requirement as requested by the
County Manager. The Chairman was authorized to execute the
contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY
A copy of the contract is on file in the Legal Department.
.
Discussion of Consent Agenda Item 6, 7, 8, 11, 12, and 13
Vice-Chairman Greer commented on Consent Aqenda Item 6 and
inquired as to whether the sales tax refunds were originally
figured into the cost of the project at the Waste-to-Energy
Facility?
County Manager O'Neal stated the sales tax refunds were not
included in the WTE Facility Budget; however, he would be glad to
check into this matter and forward a report.
Vice-Chairman Greer commented on Consent Aqenda Item 7 and
inquired as to the revenue generated from Tax Management Associates
(TMA) as compared to the amount of money paid to TMA?
commissioner Retchin stated TMA has earned $140,867 by
discovery of $469,555 in taxes with $32,759 being paid to date.
commissioner Sutton inquired as to whether the $469,555 has
been budgeted? County Manager O'Neal stated this a~ount has not
been budgeted but will be budgeted before the end of the fiscal
year.
.
Vice-Chairman Greer commented on Consent Aqenda Item 8 and
expressed concern for the interest earned on 'projects being
transferred back into the project, and requested placement of these
funds into the general fund so they can be used for other needed
and worthwhile purposes. For example, bond funds through interest
earned are being used to purchase a computer, which, in his
opinion, does not represent what the citizens voted on when passing
the bond issue.
County Manager O'Neal stated the proceeds from a bond issue
must be used for that capital project.
commissioner Barfield stated there is a viable need for the
computer and that interest earned from the bond money provides a
way to purchase this equipment without having to use money from the
general fund.
Vice-Chairman Greer commented on Consent Aqenda Item 11 and
inquired as to whether County dollars are involved with the "Ashley
Bryan" lectures at the New Hanover County Library?
County Manager O'Neal stated no County dollars are involved.
Vice-Chairman Greer commented on Consent Aqenda Item
stated the Board of Health voted not to accept the
Management Entity Program as an in-house task; therefore,
computer needed?
12 and
Public
is the
.
Health Director, Robert Parker, stated the funds are part of
the $25 fee charged to restaurants for performance of Environmenta~
Health Programs with reimbursement of 1/3 of the proceeds to county
health departments. The computer is being requested for the
Department of Environmental ,Health, not for implementation of the
Public Management Entity Program.
Vice-Chairman Greer commented on Consent Aqenda Item 13 and
inquired as to why funds should be removed from the general fund
instead of contingencies?
County Manager O'Neal stated the money was originally budgeted
in the general fund for the capital project with $50,490 never
~
~
(
I
,
I
I
~
MINUTES OF REGULAR MEETING, APRIL 6, 1992.
PAGE 872
being disbursed; therefore, the funds will be used to complete the
sidewalk.
commissioner Retchin stated in the future when project funds
rollover into another fiscal year, these funds should be budgeted
rather than remain in the unappropriated fund balance.
County Manager O'Neal stated a budget amendment with project
roll overs is presented to the Board at the end of each fiscal
year.
o
Motion: After further discussion, Vice-Chairman Greer MOVED,
SECONDED by Commissioner Retchin to approve the Consent Agenda
items discussed and other items as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Adoption of Resolution Awarding Bid #92-0348 (Contract #92-0348-1)
to Koch Sulfur Products Company for Purchase of Sulfuric Acid -
Environmental Management Department
The Commissioners adopted a resolution awarding the lowest
responsible bid to Koch Sulfur Products Company for the purchase of
sulfuric acid at a unit price of $.568 per gallon. The estimated
usage for two years is $13,632. -The Chairman was authorized to
execute the contract documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 32.
Adoption of Resolution Awarding Bid #92-0348 (Contract #92-0348-2)
to South Chem, Inc. for the Purchase of caustic Soda Liquid -
Environmental Management Department
The Commissioners adopted a resolution awarding the lowest
responsible bid to South Chem, Inc. for the purchase of caustic
soda liquid at a unit price of $1.32 per gallon. The estimated
usage for two years is $31,680. The Chairman was authorized to
execute the contract documents.
n
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 32.
Authorization for Filing of 1992 ACTION continuation Grant
Department of Aging
The Commissioners authorized the filing of the 1992 ACTION
continuation Grant for the Retired Senior Volunteer Program. The
grant application supports funding for 600 volunteers working in 60
stations throughout the County.
Total Grant:
County Cost:
Federal Cost:
$90,176
$42,634
$47,542
The Chairman was authorized to execute the grant documents.
Ratification of Bid Award (Contract #92-0372) to South East
Construction for Rehabilitation of. Three single-Family Dwellings -
wrightsboro CDBG program
The Commissioners ratified award of the low bid in the amount
of $72,296 to South East Construction for rehabilitation of three-
one-story, single family dwellings located in the wrightsboro
community Development Block Grant project area. The following
bids were received:
(j
" .
ARC ON Construction
David B. smith
James C. Rode Construction
South East Construction
$86,400
$82,180
$82,621
$72,296
The Chairman was authorized to execute the contract documents.
.
.
.
:' 1l t'i, ~ ,;~4rJ ~ , i ~l;'l" '
~
.
,.'" "
.J "--":r"
MINuTES OF REGULAR MEETING, APRIL 6, 1992
PAGE 873
Adoption of Resolution Endorsing Promotion of Physical Fitness -
Health Depa~tment
The Commissioners adopted a resolution endorsing promotion of
physical fitness by the New Hanover County Council on Physical
Fitness and Sports.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 32.
Report of Budget Amendment #92-0145 for Entry Into the Minutes
The following Budget Amendment was reported for entry into the
minutes:
92-0145
Steam Plant Expansion
Debit
Credit
Steam Plant Expansion
Sales Tax Refund
Interest on Investments
$ 24,836
$647,111
Contingency
Turbine Electric Generator
Instrumentation
Air Pollution Equipment Upgrade
$558,741
$ 23,415
$ 80,931
$ 8,800
Purpose: To budget sales tax refunds and interest already earned,
but not yet budgeted. Funds will be used for Contingencies and
three change orders that were approved by the Commissioners on
March 4, 1992.
Approval of Budget Amendment #92-0146 - Tax Department
The Commissioners approved the following Budget Amendment:
92-0146
Tax Department
Debit
Credit
Tax Department
Ad Valorem Taxes - 1st Prior
$140,867
Contracted Services
$140,867
Purpose: To budget expenditures and offsetting revenue for Tax
Management Associates (TMA). When the FY 1991-92 Budget was
prepared, the net revenue was budgeted. At this time, the Finance
Department desires to budget TMA expenditures and gross revenues.
Approval of Budget Amendment #92-0147 - Senior Center Capital
project - Department of Aging
The Commissioners approved the following Budget Amendment:,
92-0147 Senior center/Capital project
Debit
Credit
Senior Center/Capital proiect
Interest on Investments
$42,000
Capital Outlay
$42,000
Purpose: To budget interest earned on the Senior Center/Capital
Project for a computer network. The network will maintain database
and software for the Senior Center, RSVP, and Title III funded In-
Home Services as well as support additional Rolodex, WordPerfect
and Pagemaker programs. In July 1991, the department will be
required to prepare monthly cost sharing statements for clients
receiving home-delivered meals and transportation service. The
computer network will streamline staff time/tasks to meet the
current and increasing state demands for reporting and billing.
~
(
I
I
~
MINUTES OF REGULAR MEETING, APRIL 6, 1992-
PAGE 874
Approval of Budget Amendment #92-0148 - Child Day Care - Department
of Social services
The Commissioners approved the following Budget Amendment:
92-0148 Department of Social Services/Child Day Care
Debit
Credit
Department of Social Services/
Child Day Care
Office of Day Care Services
$103,349
()
Day Care Services
$103,349
Purpose:
services.
To budget additional State allocation for day care
No additional County funds are required.
Acceptance of LSCA Title I Automation Grant Award and Approval of
Bu~get Amend~ent #92-0149 - New Hanover County Library
The Commissioners accepted the LSCA Title I Automation Grant
award in the amount of $1,200 and approved the' following Budget
Amendment:
92-0149 Library
Debit
Credit
Library
LOCAL Automation Grant
$1,200
Capital Outlay
Departmental Supplies
$900
$300
Purpose: To budget LSCA Title I Automation Grant award for the
Library. The funds will be used to purchase a CD ROM player and
Lotus software.
()
Approval of Budget Amendment #92-0154 - New Hanover County Library
The Commissioners approved the following Budget Amendment:
92-0154
Library
Debit
Credit
Library
contributions
Training/Travel
$2,384
$ 313
Rent
Contracted Services
Printing Expense
Departmental Supplies
$ 35
$2,400
$ i45
$ 117
-
Purpose: To budget contributions and ticket sales' to
of the expenses incurred for "Ashley Bryan" lectures.
Arts Council Grant already budgeted provided $950
cost.
pay a portion
A Grassroots
of the total-
Approval of Budget Amen4ment #92-0155 - Environmental Health -
H~alth Department
The Commissioners approved the following Budget Amendment:
()
92-0155 Health Department/Environmental Health
Debit
Credit
Health Department/Environmental Health
State Grants
$5,384
Departmental Supplies
capital Outlay - Equipment
$ 214
$5,170
Purpose: -To budget additional State funds to purchase IBM
computer hardware for the Department of Environmental Health.
~
MINUTES OF REGULAR MEETING, APRIL 6, 1992
PAGE 875
Approval of Budget Amendment #92-0156 county
commissionerS/Engineering
The Commissioners approved the following Budget Amendment:
92-0156 County commissioners/Engineering
Debit
credit
.
County Commissioners
Appropriated Fund Balance
$13,833
Enqineerinq Department
Other Improvements
$13,833
Purpose: To budget funds for completion of the sidewalk on 17th
street in the vicinity of the Health Department and the
Southeastern Center. Funds were available for the sidewalk in the
Health Department Expansion Capital Project, but were not spent due
to DOT's plan to widen 17th Street at this location, which would
have displaced the County's sidewalk. When the Health Department
Expansion Capital Project fund was closed, $50,490 of unspent funds
were transferred to the General Fund; therefore, the cost of the
sidewalk is being paid from this fund.
Adoption of Resolutions Adding Roads to the state Highway system
The Commissioners adopted resolutions adding the following
roads to the state Highway System:
Fitzgerald Drive, Twin Leaf, Bracken Fern Road and Bird
Nest Court (Wildflower Subdivision - File 693-N)
Red Cedar Road, Land Line Drive, and pioneer Court (Gorman
Plantation - File 709-N)
.
Strawfield Drive, Nettle Circle, North Green Meadows Drive~
Sweet Bay Court, Twin Leaf Road (Summerfield Subdivision -
File 688-N)
Wood Sorrell Loop Road, Red Bay Loop Road, Spicewood Loop Road
(Weatherwood Subdivision - File 689-N)
Copies of the resolution are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XIX, Page 32.
Ratification of Appointment of Joe Blackburn to Serve as an
Extraterritorial Alternate Member of the Carolina Beach Board of
Adjustment
The Commissioners ratified the appointment of Joe Blackburn to
fill the unexpired term of Joseph Winner as the extraterritorial
alternate member of the Carolina Board of Adjustment as recommended
by'the Carolina Beach Town Council.
.
Reappointment of Meg Williamson and Eleanor Greentree to Serve on
the Nursing Home Advisory Committee
The Commissioners reappointed Meg Williamson and Eleanor
Greentree to serve 3-year terms on the Nursing Home Advisory
Committee. The terms will expire March 25, 1995. Both members
have completed their initial 1-year term and by State Statute are
eligible for the 3-year term.
Adoption of Resolution Authorizing the Sale of Jointly Owned
city/County Surplus Property
The Commissioners adopted a resolution authorizing the sale of
jointly owned city/County property located at 912 South sixth
Street~ Tax Parcel #054-09-035-009-000 in the amount of $1,930 to
the offeror, Carolyn A. Baker.
A copy of the resolution is hereby incorporated as part o~ the
minutes and is contained in Exhibit Book XIX, Page 33.
~
(
t
f
I
i
1
I
l
MINUTES OF REGULAR MEETING, APRIL 6, 1992
PAGE 87f?
Release of Impact Fees to seagate Volunteer Fire Department
The Commissioners approved release of impact fees in the
amount of $3,951. 35 collected from Landfall corporation to the
Seagate Volunteer Fire Department as recommended by the Board of
Fire Commissioners.
Approval of Budget Amendment #92-0157 - Fire District
The Commissioners approved the following Budget Amendment:
92-0157 Special Fire District/Fire Departments
Debit
()
Credit
Special Fire District/Fire Departments
Appropriated Fund Balance $112,991
Ogden Volunteer Fire Department $112,991
Purpose: To budget Fire District fund balance to pay-off loan on
an aerial truck for Ogden Volunteer Fire Department. This action
was approved by the Board of Fire Commissioners on March 18, 1992.
ACCEPTANCE OF DONATION FROM THE GARDEN COUNCIL OF NEW HANOVER
COUNTY FOR DEVELOPMENT OF THE DOWNTOWN URBAN PARK
Ms. Peggy Mosley, President of The Garden Council of New
Hanover County, presented a check in the amount of $550 on behalf
of the Council for development of the downtown Urban Park.
Chairman Mathews, on behalf of the Board, accepted the
donation and expressed appreciation to The Garden Council for this
generous contribution.
PRESENTA~ION OF TROPHY TO WINNER OF "NEW HANOVER COUNTY GOVERNMENT
TRIVIA PURSUIT"
Chairman Mathews congratulated and presented a trophy to D. c.
virgo Middle School for being the winner of the New Hanover County
Government Trivia Pursuit competition during County Government
Week. . The following students were presented 'Certificates of
Appreciation:
()
James Rippy
Kathy Jamison
Missy Betz
Bart Hardison
Parker Adams
Susan Ball
1st Place Award to williston Middle School.
2nd Place Award to Myrtle Grove Middle School.
PRESENTATION AND ACCEPTANCE OF REPORT ENTITLED, "ENVIRONMENTAL
RESOURCES , CONSTRAINTS IN NEW HANOVER COUNTY"
Planning Director, Dexter Haye.s, presented and requested
acceptance of a report entitled, "Environmental Resources &
Constraints in New Hanover county" as a part of the CAMA Land Use
Plan Update. The following items were discussed:
WATER RESOURCES
Water resources in the County can be broken down into
groundwater and surface water systems, although it is important to
note that water moves with limited restrictions between the two
systems. Approximately 54% of the population of New Hanover County
received their water supply from groundwater and 46% receive their
water from the Cape Fear River. The County report, "Drinking Water
in New Hanover county" summarizes the various water systems
currently utilized by County residents and examines some of the
factors associated with possible Jmplementation of a county-wide
water system.
()
"~';'- . }!~'f.'"
,.,
MINUTES OF REGULAR MEETING, APRIL 6, 1992
PAGE 877
.
Groundwater Quality: Presently, the County's groundwater
system is still relatively free of pollution, but the
number of contamination incidents is growing. As of
January 1991, approximately 80 incidents of contamination
had been documented, most of which are associated with
accidental industrial spills or leaking storage tanks.
These sites are located throughout the county but are
somewhat more abundant in the northern part. Two sites
in New Hanover County have been identified as state
Priority sites due to the size of their contamination
plumes; however, one of these sites does not affect the
deep aquifer system. Both sites are located in the
northern part of the county and are being monitored.
Surface Water: Most of the surface water in New Hanover
County comes from the Cape Fear River located 23 miles
upstream. The City is going to expand its Water System
from a capacity of 13 million gallons per day to 19
million gallons per day. This source is probably the
worst source of drinking water in North Carolina due to
the many industrial discharges into the river upstream.
Local efforts are being made to work with the U. S.
Geological Survey (USGS) to perform groundwater studies
of the Castle Hayne Aquifer to define the extent of the
aquifer, the amount of water available, the directional
flow of the water, and how this resource can best be
utilized.
.
commissioner Sutton commented on the proposed USGS water
quality study as a priority and inquired as to the status of the
study? Assistant County Manager Dave Weaver stated after meeting
with representatives of USGS last week, a proposal defining the
scope of the study and the cost should be received any day. This
will be a multi-year phased project, which will assist with funding
of the study.
Tables were presented reflecting the preliminary dockside
value of finfish and shellfish reported for New Hanover County from
1979-1989.
A map was presented on the Primary Nursery Areas designated by
the State as highly conducive for juvenile habitat for marine
species. Most of the shoreline of New Hanover County is designated
as primary nursery areas. The main sources of pollution are septic
tank runoffs and wastewater treatment systems. With more stringent
State regulations for location of septic tanks permitted by the
Heal th Department and installation of the County sewer system,
these sources of pollution should decrease. All creeks in New
Hanover County are closed to shellfishing. There are some open
waters at the mouth of Futch's Creek, the back waters in the sound
areas, and some waters behind Masonboro Inlet. When a marina is
opened, the State automatically closes the waters to shellfishing.
.
commissioner Barfield inquired as to the progress being made
on identifying the pollution sourc.e of Howe Creek? Planning
Director Hayes stated the State Shellfish Sanitation Division,
Coastal Resources Commission, and staff from UNC-W are monitoring
Howe Creek and are in the process of trying to trace the source of
pollution.
commissioner Sutton commented on the mobile home wastewater
treatment plant located north of Howe Creek and inquired as to when
the sewer system will be available in this area? Planning Director
Hayes stated the sewer service has been installed around this area;
however~ no collection system has been placed in this vicinity.
The present collection system by-passes Middle Sound and runs into
Bayshore Estates. The Middle Sound Area has been identified as a
potential site for a collection system because of the residential
mobile home wastewater treatment discharge into the head waters of
Howe Creek.
~
(
l
MINUTES OF REGULAR MEETING, APRIL 6, 1992
PAG~ 87,6
commissioner Barfield and Commissioner Sutton expressed
concern for the location of this package treatment system a"nd
requested Staff to move forward with placing a collection system in
this area as soon as possible.
commissioner Sutton also commented on the location of a
community wastewater package treatment plant at the head of
Hewlett's Creek, which now is connected to the County's sewer
system, and inquired as to when the creek will be reopened to
shellfishing? Planning Director Hayes stated the treatment plant
has connected to the County sewer system; however, it will take
approximately three (3) years of monitoring before the State will
reopen the creek.
()
Assistant County Manager, Dave Weaver, stated failing septic
tanks placed on the sewer system can continue to pollute for a
number of years because they have not been pumped out at the time
of connection. The only solution to this problem is for the Water
& Sewer District to require septic tanks to be pumped out at the
time of connection, which will be an additional cost for the
property owner.
commissioner Barfield recommended amending the Water & Sewer
Ordinance to require property owners to pump out septic tanks
before connecting to the sewer system. Emphasis was placed on the
purpose of the countywide sewer system, which is to eliminate
runoff from septic tanks and wastewater package treatment plants in
order to protect groundwater and estuarine waters.
Planning Director Hayes presented a map reflecting the
permitted point source discharge NPDES sites and stated the
residential sites have been reduced substantially by installation
of the sewer system; however, the number of industrial/commercial
discharge sites, largely located on the Northeast Cape Fear River,
will continue to grow.
()
A map was presented on permitted nondischarge sites which are
largely commercial and located throughout the county. until
recently, the State permitted nondischarge sit~s; however, New
Hanover County will assume this responsibility in the future.
commissioner Sutton inquired as to the best area of the County
for location of industrial sites from a groundwater sensitivity
point of view? Planning Director Hayes stated the U. S. 421
Corridor, already industrially zoned, is the best location for
industry.
A map was presented on the surface water quality classes as
follows:
-Fresh Waters: Class WSIII waters can be found at only one
location in the County, Toomer's Creek just north of the City.
This means that the waters of Toomer's Creek could serve as an
alternative source of drinking water for the City of Wilmington,
assuming adequate treatment was provided. Toomer's Creek is
sometimes used to supplement the Cape Fear River as a source of
drinking water for the City in emergency situations.
Class B waters are used for primary recreation and other usage
as specified by the C classification.
()
Class C waters are those areas best used for aquatic life
propagation and survival, fishing, wildlife, s~condary
recreation, and agriculture.
-Tidal Salt Waters: Class SA waters are best used for commercial
shellfishing and other uses specified by SB and SC. Many of the
County's SA waters are also classed as outstanding Resource Waters.
~
\";f1'it.
MINuTES OF REGULAR MEETING, APRIL 6, 1992
PAGE 879
.
~Supplemental Classes: Swamp waters (SW) are waters which have low
velocities and other natural characteristics which are different
from adjacent streams.
-outstanding Resource Waters are unique and special waters of
exceptional state or national, recreational, or ecological
significance which require special protection to maintain existing
areas. ORW waters in the County are located in the sound areas
with Howe Creek being the only designated ORW creek.
-High Quality Waters are waters which are rated as "excellent"
based on biological and physical or chemical characteristics
through the Division of Environmental Management monitoring or
through special studies. This class includes some Primary Nursery
Areas, critical habitat areas, and special water supply watersheds.
Designated HQW waters are Bradley Creek and Futch's Creek.
FRAGILE AREAS .
The New Hanover County Zoning Ordinance established a
Conservation Overlay District to help protect fragile areas through
required preservation of 50% to 100% of the conservation resource,
buffer strips and drainage controls. Some of these resources are
swamp forests; pocosins; savannahs; natural ponds; fresh marsh;
brackish marsh; barrier island/beach complex; maritime shrub
thickets; salt marsh; primary nursery areas; animal and plant
natural areas of special significance; and significant historical,
archaeological, and architectural sites.
.
As required in the 1974 Coastal Area Management Act directed
by the Coastal Resources Commission, local governments were
required to identify and designate "Areas of Environmental Concern"
in order to control development which might cause irreversible
damage to property, public health and the natural environment. The
areas of environmental concern are the Estuarine System, Coastal
Wetlands, Estuarine Waters, Public Trust Areas, Estuarine
Shorelines, the Ocean Hazard System, Public Water Supplies and
Natural and Cultural Resource areas.
Under a new State regulation, the State has allowed counties
to review air quality permits. New Hanover County is now reviewing
air quality permits locally with a local sign-off for industrial
emissions. The air quality in New Hanover County is very good.
In summary, New Hanover County is trying to protect its
natural resources through the development of policies that will
enhance the resources and protect the quality of life.
Commissioner Retchin commented on the sea level rise of 144
inches by the year 2100 and inquired as to how much of the County's
185 square miles will be engulfed underwater? Planning Director
Hayes stated a conservative impact would be approximately a 3-4
foot contour line, elevation wise, which is not a substantial
amount of property. Problems will be experienced in the Southern
end of the County, especially near the Snow's Cut area, since this
area is low lying land without a slope between the high ground and
the water level.
.
Chairman Mathews complimented staff for an excellent report.
Consensus: It was the consensus of the Board to accept the report
as part of the CAMA Land Use Plan Update.
A copy of the report is on file in the Clerk's office.
ADOPTION OF RESOLUTION FOR ABANDONMENT OF A PORTION OF RAMSGATE
ROAD EXTENSION
Staff requested adoption of a resolution for abandonment of
1,500 feet of Ramsgate Road Extension (State Road 1713) from the
state maintenance as requested by the Department of Transportation
on behalf of the Fort Fisher Aquarium. The purpose of the request
~
MINUTES OF REGULAR MEETING, APRIL 6, 1992
PAGE 88Q
is to use the closed portion for security precautions around the
aquarium site during holidays and non-operating hours. A security
gate will be placed at the road entrance.
Motion: After discussion Commissioner Sutton MOVED, SECONDED by
Commissioner Retchin to adopt the resolution for closing a portion
of Ramsgate Road Extension (State Road 1713) as requested. 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 33.
()
ESTABLISHMENT OF ANIMAL CONTROL PLANNING TASK FORCE
county Manager O'Neal commented on the need to expand the
County's Animal Control Facility and stated in order to bring about
a realistic and cost-effective solution to the lack of space, Staff
would recommend appointment of an Animal Control Planning Task
Force composed of the following members:
Vice-Chairman, Robert G. Greer
John Coble, Board of Health
Donna Neal, Animal Control Advisory Board
Mary Ann Waldron, Humane society
Robert Parker, Health Director
Ron Currie, Animal Control Director
Allen O'Neal, County.Manager
The Task Force will be charged with setting priorities for
Animal Control as well as reviewing construction needs and
priorities for a new, renovated, or expanded facility.
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Retchin to establish an Animal Control Planning Task Force as
recommended by Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY.
()
County Manager O'Neal stated the proposed FY 1992-93 Budget
will include funds for hiring an architect before the end of the
next fiscal year.
commissioner Barfield inquired as to whether funds are
available in FY 1992-93 to hire an architect and expressed concern
for moving too quickly and sending a false message that a new or
renovated facility will be furnished before funds are available.
AWARD OF CONTRACT #92-0377 TO SNEEDEN MECHANICAL FOR DRAINAGE
IMPROVEMENTS - WASTE-TO-ENERGY FACILITY
Director of Environmental Management, Ray Church, stated the
following bids were received for drainage improvements to the
Waste-to-Energy Facility in order to control storm water runoff and
prevent entry of rain water into the basement. Staff recommends
award of the bid to the lowest responsible bidder, Sneeden
Mechanical.
Bid Proposals
CBH Construction
Sneeden Mechanical
M & A Construction
$34,000
$19,800
$22,185
()
Motion: commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to award the low bid to Sneeden Mechanical in the amount of
$19,800 for drainage improvements to the Waste-to-Energy Facility.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
Chairman Mathews convened from Regular Session to hold a break
from 8:05 P.M. until 8:14 P.M.
.
.
.
, Y"f~ 'l.~
~
'~....'~l
MINUTES OF REGULAR MEETING, APRIL 6,1992
PAGE 881
EXECUTIVE SESSION
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to convene to Executive Session for attorney consultation.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews convened to Executive Session at 8:15 o'clock
P.M.
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Greer to reconvene to Regular Session.
Chairman Mathews reconvened to Regular Session at 9:05 P.M.
OATH OF OFFICE ADMINISTERED TO THE NEWLY APPOINTED COUNTY ATTORNEY
Clerk to the Board, Lucie F. Harrell, administered the Oath of
Office to the newly appointed County Attorney, Wanda M. Copley.
A copy of the Oath of Office is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XIX, Page 33.
)
PUBLIC HEARING TO CONSIDER AN APPEAL FOR REZONING OF PROPERTY
LOCATED AT ALEXANDER ROAD AND U. S. HIGHWAY 17 (MARKET STREET) TO
B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-477, 3/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated the applicant
requested B-2 zoning since the site's proximity to Market Street
has greatly reduced its use for residential appeal and potential
buyers for the property have expressed an interest in commercial
development. After hearing from residents along Alexander Road,
who felt B-2 zoning would encourage encroachment of incompatible
land uses into a residential area, the Planning Commission agreed
and recommended denial of the request. The Planning Staff also
recommends denial of the request feeling approval of B-~ zoning
would permit encroachment of unknown non-residential uses into a
predominantly residential area.
Chairman Mathews asked if the petitioner or anyone from the
general public would like to speak in favor of or in opposition to
the rezoning request.
No comments were received from the public.
Chairman Mathews closed the Public Hearing.
Motion: Vice-Chairman Greer MOVED, SECONDED by Chairman Mathews
to uphold the decision of the Planning commission and Planning
Staff for denial of the B-2 rezoning as petitioned due to
encroachment of commercial uses into a residential area. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO PROVIDE FOR
WATER-ORIENTED PARKING FOR NON-RESIDENTIAL ESTABLISHMENTS ALONG
NAVIGABLE WATERWAYS (A-231, 3/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated the Planning
Commission felt that permitting boat slips to count toward the
minimum off-street parking requirement was appropriate. The
Planning Staff agreed; however, Staff felt more conservative limits
on the total number of boat slips could be counted with a 5%
maximum. The Planning Commission felt that 5% was too restrictive
and suggested setting the maximum at 10% plus adding a requirement
f,or a minimum number of slips. Two slips were recommended.
Setting a maximum limit would prevent any designated use from
avoiding its obligation to provide for traditional land-based
vehicle parking. If adopted, the amendment would permit water-
oriented commercial uses to utilize boat slips to meet minimum off-
street parking requirements. In some instances, the change would
~
MINUTES OF REGULAR MEETING, APRIL 6-, 1992
PAGE 88~
allow restaurants to have more seating or floor area for other
uses.
After discussion, the Planning Commi.ssion recommended adoption
of the following Text Amendment as prepared by the Planning staff
except for the last sentence of Section 80-6 which is to read as
follows:
Add: 23-98
Water-Oriented Parkinq - A designated docking space provided
by a commercial establishment for the express use of its
customers. Water-oriented parking shall only be allowed in
conjunction with commercial establishments that are located on
navigable waters.
Add Under 80-1:
...Such off-set parking may be provided on graded improved
open space or in an elevated parking structure or a designated
docking space on adjoining navigable waters...
Add under 80-6:
...Small parking spaces shall have a minimum width of eight
feet and a minimum length of 16 feet. Water-oriented parking
shall have a minimum width of ten feet and a minimum length of
16 feet. Space adjacent to a floating dock shall have a
minimum length of 16 feet. Each space or area designated for
small vehicle or water-oriented parking shall be identified by
proper signage. Water-oriented parkinq shall consist of a
minimum of two (2) boat slips but shall not account for more
than 10% of the parkinq requirement of any desiqnated use.
Chairman Mathews asked if the petitioner or anyone from the
general public would like to speak in favor of or in opposition to
the proposed Text Amendment.
No comments were received from the public.
Chairman Mathews closed the Public Hearing.
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to adopt the Text Amendment as recommended by the Planning
commission with the amended sentence to Section 80-6 as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969" is hereby incorporated as a part of the
minutes and is contained in Exhibit ,Book XIX, Page 33.
PUBLIC HEARING TO CONSIDER A PROPOSED TEXT AMENDMENT TO PROVIDE
MINOR ENCROACHMENTS BY WOODEN DECKS IN CONSERVATION RESOURCE
SETBACK AREAS
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, stated the Planning
commission was receptive to providing some encroachment for decks
if it could be demonstrated that the adjoining conservation space
would not be harmed. After further discussion, it was the
consensus of the Planning Commission that uncovered wooden decks
would not cause irreparable harm. since similar wooden structures
are already permitted in the conservation space , it would seem
logical that encroachment into the setback would have very little
impact. staff suggested that if decks were allowed to encroach,
they should be elevated at least three (3) feet above the ground to
promote the retention of vegetation. The Planning Commission chose
not to include this requirement and approved the Text Amendment as
I
~
()
()
()
(e
e
e
~
,~ ~
,!ltNUTES OF REGULAR MEETING, APRIL 6, 1992
PAGE 8'8'3
recommended by Staff with the exclusion of the elevation
requirement.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed Text
Amendment.
No comments were received from the public.
Chairman Mathews closed the Public Hearing.
Motion: After discussion, Commissioner Retchin MOVED, SECONDED by
Vice-Chairman Greer to approve the Text Amendment as recommended by
the Planning Commission, which does not require decks being
elevated three (3) feet above the ground. The floor was opened for
discussion.
Vice-Chairman Greer and Commissioner Barfield commented on the
five foot setback and recommended amending the MOTION to require a
'conservation space setback up to six feet.
After further discussion, Commissioner Retchin WITHDREW THE
MOTION.
Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner
Retchin to accept the Text Amendment as recommended by the Planning
Commission amending the conservation space setback up to six (6)
feet. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969" is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XIX, Page 33.
PUBLIC HEARING TO CONSIDER INSTALLMENT PURCHASE CONTRACT FOR THE
JAIL EXPANSION AND ADOPTION OF RESOLUTION AUTHORIZING THE FINANCING
AGREEMENT
Chairman Mathews opened the Public Hearing.
Finance Director, Andrew J. Atkinson, introduced a resolution
authorizing New Hanover County to enter into an installment
purchase contract with First Union National Bank of North Carolina
in the amount of $720,000 for financing of the Jail Expansion. The
County is obligated to 'repay amounts financed at a fixed annual
interest rate of not more than 7% over a term of approximately
seven (7) years, resulting in a total amount financed not to exceed
$720,000, for an average annual payment of approximately $128,734
and total payments of approximately $901,137.
Chairman Mathews asked if anyone from the general public would
like to comment on the proposed agreement.
No comments were received from the public.
Chairman Mathews closed the Public Hearing.
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to adopt the resolution as presented and authorized under
N~GS 160A-20. 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 33.
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 meeting of the
Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
~
(
MINUTES OF REGULAR MEETING,. APRIL 6,- 1992
PAGE. 88.4.
Chairman Mathews convened from Regular Session at 9:25 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 9:35 P.M.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
(\
\, .-/'
Discussion of Public Permitting Process for Small Packaged Waste
Treatment Plants - Health Department
Vice-Chairman Greer commented on the decision by the Board of
Health not to administer the Public Management Entity Program as
required by the N. C. Department of Environment, Health and Natural
Resources and expressed concern for the County no longer being able
to issue permits for small package wastewater treatment plants. In
the past, the County was allowed to permit these plants with
monitoring of the plants performed by the State. Under new State
regulations, counties will not be allowed to issue permits without
assuming the monitoring responsibilities. Due to the cost involved
with monitoring, the Health Department cannot assume this
responsibility; therefore, no permits will be issued by the Health
Department unless a private firm would be interested in the
moni tor ing process. The members of the Board of Health are
concerned about the loss of this service to property owners who
have land that will not perk and are not in the planned phase of
the county-wide sewer system.
County Manager O'Neal stated, perhaps, some type of an
arrangement can be entered into with surrounding counties for the
provision of this service.
ADJOURNMENT
o
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 9:59 P.M.
Respectfully submitted,
~.~:~
Clerk to the Board
()