1992-05-04 Regular Meeting
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 899
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, May 4, 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 Barfield 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.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
Commissioner Retchin requested removal of Consent Agenda Item
#1 for discussion at the end of the meeting.
Vice-Chairman Greer requested removal of Consent Agenda Item
#2 for discussion at the end of the meeting.
commissioner Barf ield requested removal of Consent Agenda Item
#8 for discussion at the end of the meeting.
County Manager O'Neal requested removal of Consent Agenda Item
#4 for further review by Staff. This item will be presented at a
later date.
Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to approve the Consent Agenda as presented with removal of
Consent Agenda Items 1, 2, 4, and 8. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Approval of Budget Amendment #92-0179 - Health Department/Home
Health
The Commissioners approved the following Budget Amendment:
92-0179 Health Department/Home Health
Credit
Debit
Health Department/Home Health
Home Health Fees - Medicare
$285,000
Contracted Services
Departmental Supplies
$240,000
$ 45,000
Purpose: To increase Home Health's budget for expenses related to
additional visits. No County dollars are required, and expenses
will be reimbursed from revenues.
Approval of Consolidated Contract Between the State of North
Carolina and New Hanover County Health Department
The Commissioners approved the Consolidated Contract between
the State of North Carolina and the New Hanover County Health
Department. The Consolidated Contract for FY 1992-93 contains
terms and conditions applicable for the activities involving state
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 9o.0
funding. state funding under this contract totals $1,021,351 in
grants and $229,770 in escrow from Title XIX for a total of
$1,251,121. The Chairman was authorized to execute the contract
documents.
Adoption of Resolutions for Adding Roads to the State Highway
System
The Commissioners adopted resolutions adding the following
roads to the state Highway System:
Oak Bluff Lane, Raintree Subdivision
Snapper Lane, Wilmington Beach
Roads in sections 2-4 of Gorman Plantation
Roads in sections 1-7 of Ivywood Subdivision
Roads in sections 10-14 of Woodberry Subdivision
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Copies of the resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XIX, Page 35.
Acceptance of change Order Report #24 for Period Ending April 23,
1992
The Commissioners accepted Change Order Report #24 as
presented by the Deputy County Manager.
A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XIX, Page 35.
PRESENTATION OF THE "1992 JOHN M. DOLAN FIREMAN OF THE YEAR AWARD"
TO GARY ROWE OF THE WINTER PARK VOLUNTEER FIRE DEPARTMENT
Chairman Mathews introduced Mrs. John M. Dolan and requested
members of the family to stand and assist with presentation of the
award, which was established in memory of former county
Commissioner John M. Dolan.
Chairman Mathews, on behalf of the New Hanover County Board of
Commissioners, congratulated and presented a plaque to Mr. Gary
Rowe of the winter Park Volunteer Fire Department for being
selected as the recipient of the "1992 John M. Dolan Volunteer
Fireman of the Year Award".
()
Commissioner Barfield, on behalf of the Board of Fire
Commissioners, congratulated and presented a jacket to Mr. Rowe.
Mrs. Dolan congratulated Mr. Rowe for being selected the 1992
Volunteer Fireman of the Year and expressed appreciation to the
Board for allowing her to participate in the awards ceremony.
ADOPTION OF PROCLAMATION DECLARING THE WEEK OF MAY 3-9, 1992, AS
"CLERKS TO THE BOARDS OF COUNTY COMMISSIONERS' WEEK" IN NEW HANOVER
COUNTY
County Manager O'Neal introduced a proclamation declaring the
week of May 3-9, 1992, as "Clerks to the Boards of County
Commissioners' Week" in New Hanover County and stated municipal
clerks have proclaimed a week for several years in recognition of
their clerks; however, this is the first year that County Clerks
have been recognized. He commented on the vital role of the Clerk
to the Board and complimented Lucie F. Harrell for the outstanding
job she performs.
commissioner Retchin complimented the Clerk for the
exceptional job performed and stated this recognition is truly
deserved.
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Motion: commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to adopt a proclamation declaring the week of May 3-9, 1992,
as "Clerks to the Boards of County commissioners' Week" in New
Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews, on behalf of the Board, presented the
proclamation to the Clerk, in recognition of her service.
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 901:
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 35.
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ADOPTION OF RESOLUTION URGING THE NORTH CAROLINA GENERAL ASSEMBLY
TO ADOPT LEGISLATION TO ENABLE A DECREASE IN OPERATING COSTS AND IN
THE FINANCIAL BURDEN FOR LOCAL GOVERNMENTS
County Manager 0' Neal commented on the budget constraints
being experienced by all local governments and presented a
resolution urging the North Carolina General Assembly to adopt
legislation to enable a decrease in operating costs to relieve the
financial burden being placed on local governments. Emphasis was
placed on the following costs to counties and the importance of
legislation to modify the current law to address these issues:
-Cost of medical service to jail inmates.
-Design cost for schools and other public buildings.
-Thresholds for required architectural services for
construction and repair of public buildings.
Motion: Commissioner Retchin requested placing emphasis on the
following sentence by underlining this statement in the resolution
and MOVED, SECONDED by Chairman Mathews to adopt the amended
resolution:
To reduce state reimbursements or other countv sources of
revenue in such circumstances is to raise local taxes by
action of the leqislature.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
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The resolution is to be forwarded to the local legislative
delegation and North Carolina Association of County Commissioners.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 35.
CONTINUATION OF BELK-BEERY TAX APPEAL FROM MEETING OF MARCH 16,
1992
Tax Administrator, Roland Register, commented on the Tax
Appeal and stated due to commingling of real assets with personal
assets in the store "fixtures" the auditor was instructed to work
with Belk-Beery to allow for real property which lacked good
documentation. As a result, the original finding of $1.88 million
was reduced to $691,052. After discussion with Belk-Beery, the
company is willing to accept the new value and recommendation of
the Tax Department.
commissioner Sutton stated Belk-Beery and the Tax Office have
agreed upon the reduced value of $691,,052 which is satisfactory;
however, he does not feel the penalty should be assessed.
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Tax Administrator Register stated the Board would not be
uniform in relieving the penalty since this case is not different
from the findings where penalties were upheld for Exxon Company USA
and Prime Equipment Company. He cautioned on inconsistency in
assessment of penalties.
commissioner Sutton agreed that all rulings should be uniform;
however, in this case, there is no fixed figure, only a negotiated
agreement, therefore, the penalty should not be assessed.
Tax Administrator Register stated the State Law places the
burden of maintaining accurate records, including disposal of
personal property, on the taxpayer. The Tax Department is not
responsible for correcting records, but is responsible for imposing
values and assessing the necessary penalties.
Discussion was held on whether interest was charged on the
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 902
penalty. Tax Administrator Register stated interest has been
charged for January, February, March, April and May, 1992.
Interest has not been charged for the other years that the County
did not have use of the money; therefore, if the money had been
owned, the interest would have been charged at 10 1/4% annually.
The penalty is only 10% annually, and it would be reasonable to
assume that the County would expect the 10% to compensate for not
having use of the money for that period of time.
Motion: After discussion of the importance of being consistent in
the application of penalties, commissioner Barfield MOVED, SECONDED
by Chairman Mathews to accept the Tax Administrator's
recommendation and uphold the penalty assessed to Belk-Berry with
no further reduction to be made in value. The floor was opened for
discussion.
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Vice-Chairman Greer disagreed with paying a penalty on a
disputed amount.
commissioner Sutton stated Belk's would not have agreed to the
negotiated value if they had known a penalty was going to be
assessed.
commissioner Retchin stated this is not a disputed amount but
a negotiated amount and stressed the importance of assessing
penalties in a consistept manner.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Retchin
Chairman Mathews
Voting Nay: Commissioner Sutton
Vice-Chairman Greer
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ADOPTION OF RESOLUTION AMENDING CHAPTER 6.5, ARTICLE V, SECTION
6.5-57 OF THE NEW HANOVER COUNTY CODE - DISCRIMINATION IN HOUSING
Ms. Shirley Hart Berry, Chairperson of the New Hanover Human
Relations Cqmmission, presented and requested adoption of a
resolution amending the Fair Housing Ordinance due to a change in
the Fair Housing Amendments Act of 1988, which now includes
familial status and handicap as protected categories. If the
County is to maintain its HUD "substantial equi valency"
designation, the County Ordinance must be amended to incorporate
these changes.
Motion: commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to adopt the resolution amending Chapter 6.5, Article V,
Discrimination in Housing, to comply to the changes in the Fair
Housing Amendments Acts of 1988, as presented by the Human
Relations Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XIX, Page 36. The
revised ordinance will be codified into the County Code.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF
THE NEW HANOVER COUNTY WATER , SEWER DISTRICT
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Motion: commissioner Retchin MOVED, SECONDED by Vice-Chairman
Greer to convene from Regular Session to hold a meeting of the New
Hanover County Water & Sewer District.
Chairman Mathews convened from Regular Session at 7:05 P.M.
Motion: commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 903
Chairman Mathews reconvened to Regular Session at 7:10 P.M.
BREAK
Chairman Mathews called a brea:k from 7:11 P.M. until 7:21 P.M.
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PUBLIC HEARING TO CONSIDER ADOPTION OF THE N. C. DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD CONSTRUCTION PROGRAM FOR NEW HANOVER
COUNTY
Chairman Mathews opened the Public Hearing and recognized Ms.
Marylyn Williams, a member of the North Carolina Board of
Transportation.
Ms. Williams, introduced District Engineer, Jim Cook, and
Division Engineer, Doug Bowers, and complimented them for an
excellent job in handling transportation needs for Division 3,
District 3. She requested Mr. Cook to present the 1992-93
Secondary Road Program.
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Mr. Jim Cook, District Engineer of Division 3, District 3 of
the N. C. Department of Transportation, stated as required by
General Statute 136-44.5, the Department of Transportation shall
make a study of all state maintained unpaved roads in order to
determine the unpaved mileage in each county and present the
construction program before July 1, 1992. These milages are
required to determine the secondary construction allocations to
each of the counties. The allocation for the secondary
construction funds are determined by dividing the total number of
miles in the state times the statewide allocation as approved by
the legislature. Secondary road construction allocations are based
upon the amount of revenue generated by the gasoline taxi however,
the final total will not be known until the end of the current
fiscal year, June 30, 1992. Should there be a significant change
in the County's allocation, the Department of Transportation will
inform the County.
Based on an unpaved mileage of approximately 10 miles in New
Hanover County, compared to unpaved miles statewide, the secondary
allocation is estimated at $87,;31 which is expected to be approved
by the N. C. Board of Transportation in July. The Board of
Transportation has approved a paving priority rating system having
two paving priorities in each county, one for rural roads and one
for residential/subdivision roads. A revised list of paving
priorities was presented to the Board of County Commissioners due
to the fact that Goff Drive was inadvertently omitted.
Mr. Cook stated in order to comply to the N. C. Board of
Transportation' s directives, while addressing overall county needs,
the following Secondary Road Construction Program is presented for
approval for the period of July 1, 1992, through June 30, 1993:
Estimated July 1, 1992, Secondary Construction Allocation:
$87,731
spot Stabilization, Paved Road Improvements, Safety
Improvements, and Small B~idge Replacement
16.772
$70,959
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State Road 1894, Anaca Point Road
Grade, Drain, Base, Surface and
Erosion Control. From State Road
1403 to Dead End.
Priority 3R
0.49 mile
25.000
$45,959
State Road 1488M, Lancaster Street
Grade, Drain, Base, Surface and
Erosion Control. From end of pave-
ment to State Road 1403.
Priority 9S 0.32 mile
41.000
$ 4,959
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 904
Rescue Squads, Volunteer Fire
Departments and Contingencies
0.81
Goal 0.68
4.959
$ -0-
commissioner Barfield expressed concern for the formula used
to prioritize roads and stated Charter Drive has been on the
priority list at position #10 for the past eight years with new
roads being placed at a higher priority rating during that time.
citizens of the County have called him and feel special priority is
being given to certain individuals and sections of the County. He
commented on the unfairness of the present formula and stated if
and when the formula is changed, roads of long standing should be
paved before adding new roads.
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Mr. Cook stated since 1989 when roads were re-rated under the
current formula, the only change in the County's program is the
addition of Goff Drive as presented on the revised list. He stated
a road in the top 10 must stay in the top 10 until paved;
therefore, the list contains two 9's and 10's because these roads
were in the top 10 when the re-rating occurred. This situation
should not occur again, particularly with utilization of the
Highway Trust Fund. Due to this fund, the Department of
Transportation has been able to pave more roads in the last three
years than in the past six to eight years; therefore, roads should
move up the list more quickly.
Ms. Williams stated roads are prioritized according to the
number of homes, churches, businesses, vehicle traffic, and school
bus routes with points given for each use and averaged for a
priority rating. Some roads throughout the 6-county area have been
on the list for 25 to 30 years, and if given an opportunity, she
will suggest that some form of consideration be given to these
roads.
Chairman Mathews asked if anyone from the general public would
like to comment.
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No comments were received.
Chairman Mathews closed the Public Hearing.
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Retchin
to approve the FY 1992-93 Secondary Road Construction Program as
presented by the N. C. Department of Transportation. Upon vote,
the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Retchin
commissioner Sutton
Vice-Chairman Greer
Chairman Mathews
Voting Nay: Commissioner Barfield
commissioner Barfield stated, for the record, he voted no
because of the unfairness of the formula used for establishing road
paving priorities.
A copy of the 1992-93 Secondary Road Construction Program is
hereby incorporated as a part of the minutes and is contained in
Exhibit Book XIX, Page 36.
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POSTPONEMENT OF PUBLIC HEARING TO CONSIDER AN INSTALLMENT PURCHASE
CONTRACT WITH CAPE FEAR UTILITIES COMPANY, INC. AND MASONBORO
UTILITIES COMPANY, INC. FOR PURCHASE OF THE SEWAGE COLLECTION
SYSTEM
Chairman Mathews stated, at the request of Staff, this item
has been postponed until the regular meeting of May 18, 1992.
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 905
PUBLIC HEARING TO CONSIDER NAMING THE WESTERN END OF ROCKHILL ROAD
TO WHITTED CIRCLE AND ASSIGNMENT OF SEQUENTIAL HOUSE NUMBERS (SN-
64, 5/92)
Chairman Mathews opened the Public Hearing.
Planning Director, Dexter Hayes, recommended naming the
western end of Rock Hill Road, in Cape Fear Township to Whitted
Circle and assignment of sequential house numbers in order to
improve the delivery of county services and response of emergency
vehicles to residents living on this road.
Chairman Mathews asked if anyone from the general public would
like to speak in favor of or in opposition to the proposed road
name and house number assignments.
No comments were received.
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to adopt the proposed orders naming the western end of
Rockhill Road to Whitted Circle and assigning sequential house
numbers on that road. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the orders are hereby incorporated as a part of the
minutes and are contained in Exhibit Book XIX, Page 36.
DISCUSSION OF PROPOSED MOBILE HOME SUBDIVISION ALONG THE WEST SIDE
OF NAVAHO TRAIL ADJACENT TO LANSDOWNE SUBDIVISION
Planning Director Hayes stated under current law, single-wide
mobile homes and double-wides with or without permanent masonry
foundations and gabled roofs are permitted by right in the R-15, R-
10, and AR Residential Zoning Districts. A special use permit is
required if these structures are to be located in the R-20 or RA
Residential Zoning Districts. In June, 1982, the County amended
the Zoning Ordinance to permit double-wides by right in all
Residential Districts except R-20S provided the unit measured at
least 24 feet by 40 feet, had a gabled roof, was permanently
affixed to a continuous masonry foundation, and had its wheels,
axles, transportation lights and towing apparatus removed. These
amendments have been in place for ten years and were originally
initiated by the County Commissioners and Staff. The reason and
purpose for the amendment was based upon the fact that modern
double-wide manufactured homes have evolved to become a valuable
housing resource, particularly for lower and moderate income
families and that the construction standards imposed for the units
increased their compatibility with conventional detached single-
family dwellings.
In considering ways to provide greater control over the
location of mobile homes in the County, careful consideration must
first be given to State limitations imposed on local governments.
The General Assembly adopted regulations _effective August 17, 1987,
that prohibit a city or county from adopting or enforcing zoning
regulations which have the effect of excluding manufactured homes
from their planning jurisdictions. These Session Laws do permit
the jurisdictions to adopt and enforce appearance and dimensional
criteria to protect property values and to preserve the character
and integrity of the community or individual neighborhoods.
Because the County now provides multiple location opportunities for
manufactured homes, it is in general compliance with the State
Statute; however, if changes are adopted, they must not be in
conflict with the. State Law.
The following options were presented:
1. Require a special use permit for single-wides and double-
wides without permanent foundations in R-15, R-10, and AR
Districts:
Pros:
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MINUTES OF REGULAR MEETING, MAY 4, 1992
Cons:
a. Greater control is achieved.
b. This option assures greater certainty in the range of
permitted uses by district classification.
c. This option allows adjoining landowners a greater
voice in location of mobile homes.
d. This option is not inconsistent with state Law.
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a. This option will make it more difficult for certain
low and moderate income families to secure housing.
b. This option injects a certain amount of emotion into
the hearing process which could lead to arbitrary and
inconsistent decisions.
c. This option would result in a substantial volume of
public hearings and administrative work. (The County
presently issues approximately 400 special use permits
per year.)
2. continue to permit mobile homes in the various districts
but establish additional design, buffer and setback criteria.
Pros:
Cons:
a. This option gives the County greater control and the
ability to assure that competing land uses are developed
in a way to promote mutual compatibility.
b. This options allows landowners to know that if
adjoining property is going to be developed with uses
dissimilar to their situation, adequate design criteria
can be imposed to provide safeguards for their
neighborhoods.
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c. This option provides greater certainty in land use
transitions and along the edges of existing development.
a. It may be difficult to determine what level of design
will be adequate to promote compatibility and to ensure
smooth transition between competing land uses.
b. It would limit the locational choices of affordable
housing.
3. Establish a separate manufactured home sUbdivision
classification and require a special use permit.
Pros:
Cons:
a. The ordinance already establishes a separate special
use permit for a mobile home park.
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b. This option would give the County greater control.
c. This option would establish greater certainty in the
potential use of adjoining lands.
d. This option provides the adj oining landowners a
greater voice.
e. This option is not inconsistent with state Law.
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 907
a. This option creates more difficulty for the low and
moderate income families to secure housing.
b. This option injects a certain amount of emotion into
the hearing process which could lead to arbitrary and
inconsistent decisions.
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c. This option would not address the location of
manufactured homes on individual properties.
d. This option would result in a substantial volume of
public hearings and administrative work.
In summary, the County should proceed cautiously in adopting
policy changes that will impact upon affordable housing. Of the
57,000 housing units available in the County, 36,000 or 63% can be
classified as conventional single-family housing. The remainder
are either mUlti-family units or manufactured homes. Manufactured
homes account for approximately 9% of the County's housing. The
most recent count indicates approximately 5,600 total units in the
County.
commissioner Retchin stated after reading the recommendations
from the Planning Department he would recommend consideration of an
ordinance establishing a buffer zone of not less than 500 feet
between a mobile home subdivision and a subdivision where there are
restricted covenants in the deeds. He requested the Director of
Planning to comment on this recommendation.
Planning Director Hayes commented on the difficulty of
establishing criteria to determine when property becomes a
subdivision and stated a 500 foot buffer is a large area.
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commissioner Retchin asked if the subdivisions could be
identified by deed covenants. Planning Director Hayes stated title
searches for each piece of property would have to be performed,
which would require a great deal of time as well as additional
administrative work. He also expressed concern for the County
regulating development through restricted covenants and stated
growth regulations should be developed based upon the safety,
health, and welfare of the citizens.
commissioner Sutton recommended utilization of the homeowner
associations for identification of deed covenants.
After further discussion, Commissioner Retchin recommended
using the special use process for placement of a mobile home within
a 500 foot buffer area.
Further discussion was held on the number of public hearings
that would be required for granting special use permits. Planning
Director Hayes estimated approximately 4-6 special use permit
hearings monthly.
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Assistant County Manager, Dave Weaver, stated the Planning
Commission or Zoning Board of Adjustment could be designated as the
Board to hold public hearings when considering issuance of special
use permits for this purpose.
commissioner Retchin stated he would prefer that the
Commissioners control the special use process; however, if the
workload becomes too heavy, these boards could be considered.
Planning Director Hayes stated the Planning Commission will be
reviewing the various options at the next meeting. Their
recommendations will be presented to the Commissioners at the first
meeting in June.
commissioner Barfield inquired as to whether some form of
delay can be utilized until recommendations can be presented at the
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 908
first meeting in June.
Assistant County Attorney, Kemp Burpeau, stated in order to
establish any type of delay, an immediate health problem or police
emergency must exist.
Vice-Chairman Greer cautioned rushing into making a decision
and stated ample time should be taken to prepare an ordinance that
will address and fairly correct this problem.
()
commissioner Sutton emphasized the importance of protecting
the integrity of the neighborhood and stated additional regulations
must be adopted to avoid future situations of this type.
Chairman Mathews asked if anyone from the general public would
like to comment. The following remarks were received:
Mr. Eston Brinkley expressed concern for protection of
affordable housing to low to moderate income families and strongly
objected to singling out one group of housing. He requested the
Zoning Ordinance to remain unchanged since it has satisfactorily
allowed individuals the right to select this type of housing.
Pictures were presented showing the various types of manufactured
homes.
commissioner Retchin stated the members of the Board are not
against manufactured homes and certainly support the industry;
however, the Board is trying to develop regulations that will
protect well established neighborhoods as well as the right of
persons desiring manufactured housing.
Ms. Barbara Bleaking, a resident of Chelsea Lane in Lansdowne
SUbdivision, expressed concern for Mr. Brinkley feeling that
residents of Lansdowne are opposed to manufactured housing or the
persons living in these homes. The residents of the neighborhood
are simply concerned about restrictive covenants being broken which
would devalue property in the community.
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Chairman Mathews expressed appreciation to the general public
for their comments and stated the Board will further study this
issue and try to make a decision that will be fair to all parties
involved.
COMMITTEE APPOINTMENTS
Reappointment of sylvia Polgar to Serve on the Southeastern Center
for Mental Health, Developmental Disabilities and Substance Abuse
Services and Approval of Request to Limit the Number of Board
Members to Fifteen
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to reappoint Sylvia Polgar to serve a 3-year term on the
Southeastern Center Board in Category 4. The term is to expire
March 31, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to limit the number of Board Members to 15 as requested by
the Southeastern Center Area Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Financial Reports
commissioner Sutton requested assistance with receiving a
financial report that will reflect current figures on expenditures
versus revenues. He also inquired as to whether the County is
$5,000,000 ahead of the current FY 1991-92 Budget.
County Manager O'Neal stated the County is now ahead of the
current budget due to downsizing; however, the exact figures for FY
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 909
1991-1992 will not be available until the Financial Report is
completed in the fall. Expenditure and revenue patterns are
seasonal due to the collection of taxes; therefore, it is difficult
to prepare a monthly report to reflect expenditures versus
revenues.
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Discussion was held on the monthly financial reports.
Commissioner Retchin stated once a pattern is established with the
monthly finance reports over a period of time, the report will
become more meaningful and easier to understand.
commissioner Sutton stated he is not being critical of the
monthly reports, but would appreciate any assistance possible in
furnishing information that will compare expenditures versus
revenues.
Discussion of Accepting Trash from Other Counties
commissioner Sutton expressed concern for hearing that New
Hanover County will not receive trash from other sources for
incineration when in the month of March the County burned $12,000
of gas keeping the boilers hot. He stated additional revenue in
the range of $100,000 could be generated if trash was accepted
during the slow months.
County Manager O'Neal stated after an experience rate is
firmly established, the County will pursue this option.
Discussion was held on incineration becoming a form of
recycling. Commissioner Retchin stated the N. C. Association of
County Commissioners is supporting an effort to allow incineration
to become a form of recycling for reduction of the waste stream.
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ADDITIONAL ITEMS - COUNTY MANAGER
withdrawal of Bid Award to Insight Builders for wrightsboro CDBG
project
Staff Planner, Wanda Coston, stated Insight Builders has
requested withdrawal of one of their two bids due to a substantial
clerical error. The Board was requested to allow the low bidder,
Insight Builders, to withdraw this bid and award the contract to
the next lowest bidder, South East Construction.
Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner
Retchin to allow Insight Builders to withdraw the bid and award the
bid to next lowest bidder, South East Construction, along with
award of the following low bids:
South East Construction
ABBA Enterprises
Insight Builders
$34,296.00
$ 6,044.17
$ 8,087.00
.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Work Sessions Scheduled for May 21 and May 22, 1992
_ County Manager O'Neal recommended scheduling budget work
sessions on.May 21 and May 22 from 9:00 A.M. until 5:00 P.M. to
discuss the proposed FY 1992-93 Budget. H~ also recommended that
the budget be adopted on June 1, 1992. Since outside agencies have
been informed of the 10% reduction, the Board may wish to eliminate
these hearings and have any concerned agencies to appear before the
Board at the Public Hearing for adoption of the budget on June 1,
1992.
commissioner Retchin expressed concern for holding the Public
Hearing for the proposed budget and adopting the budget at the same
meeting. He recommended holding the Public Hearing on the proposed
FY 1992-93 Budget on June 1, 1992, and adoption of the budget on
June 1;>, 1992.
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 910
Discussion was held on placing a time limit to hear budget
requests from New Hanover County Schools, Cape Fear Communi ty
College, the Sheriff's Department, Health Department, and
Department of Social Services.
commissioner Retchin recommended establishing 10-minute time
limits for each presentation.
commissioner Sutton expressed concern for establishing a time
limit for the school budget.
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Vice-Chairman Greer stated the time limit will be apply to the
presentation, not the question and answer period.
Consensus: After further discussion, it was the consensus of the
Board to hold the Public Hearing to receive comments on the
proposed FY 1992-93 Budget on June 1, 1992, with adoption of the
budget on June 18, 1992. Budget Work Sessions are to be scheduled
on May 21, and May 22, 1992, from 9:00 A.M. until 5:00 P.M. in the
Assembly Room of the New Hanover county Courthouse. Staff was
directed to inform all agencies to limit their budget presentations
to 10 minutes.
Acceptance of 1992 Hammy Award - Habitat for Humanity
County Manager O'Neal commented on attending the annual
meeting of Habitat for Humanity and accepting a "1992 Hammy Award"
in recognition of the County's support of this program. He stated
this agency is providing an exceptional service to our community
and presented a poem written by a citizen expressing her
appreciation to this group for allowing her to participate in the
program and become a homeowner.
Recognition of Boy Scout Matthew Lindsey
Chairman Mathews, on behalf of the Board, welcomed and
recognized Boy Scout Matthew Lindsey of Troop 266 of Wesley
Memorial Methodist Church and wished him success in obtaining his
Community citizenship Badge.
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Reminder of N. C. Association of County commissioners' Legislative
Briefing to be Held on June 10, 1992
Clerk to the Board, Lucie F. Harrell, reminded the
Commissioners of the North Carolina Association of County
Commissioners' Legislative Briefing to be held on June 10, 1992, in
Raleigh, North Carolina. The Commissioners were requested to
notify the Clerk if they plan to attend in order to comply to the
registration deadline of June 1, 1992.
DISCUSSION OF CONSENT AGENDA ITEMS
Denial of Bid Award #92-0369 (Contract #92-0369) to CompuCom
Systems for Purchase of Microcomputer Equipment (Consent Agenda
Item #1) - MIS
Commissioner Retchin expressed concern for the proposed
contract listing a percentage discount on a wide range of IBM
computer equipment without a specific price for each item. He
stated purchasing items of this type should be negotiated at the
time needed rather than contracting with a single vendor for the
purchase of these products on an annual basis.
County Manager O'Neal stated the State is no longer providing
state contract purchases to counties and municipalities for
personal computer equipment; therefore, the County and many other
counties are using the same state bidding packages for bulk
purchases in order to save money.
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Vice-Chairman Greer agreed with Commissioner Retchin and
stated the proposed contract is very loose, and he would recommend
the use of informal bids for the purchase of computer equipment as
needed.
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 911
Mr. Howard Lindsey, a professional engineer and computer user,
commented on the rapid change in computer equipment and recommended
the possibility of third-party leasing.
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Motion: After further discussion, Commissioner Retchin MOVED,
SECONDED by Vice-Chairman Greer to deny award of the bid for
Contract #92-0369 and direct Staff to purchase the computer
equipment involved as necessary on a negotfated bid basis. The
floor was opened for discussion.
County Manager O'Neal stated Staff will try to purchase the
equipment on this basis; however, this method will require more
processing by the Purchasing Department.
commissioner Sutton requested Commissioner Retchin to amend
the MOTION to include the consideration of local vendors in the
bidding process.
Amended Motion: Commissioner .Retchin MOVED, SECONDED by Vice-
Chairman Greer to AMEND THE MOTION to include consideration of
local vendors in the bidding process. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Action Deferred on Consent Agenda Item #2, North Carolina Non-
warranty Deed for Conveyance of Seized Property to Pender county -
Sheriff's Department
Vice-Chairman Greer requested background information on
Carolina Emergency Services Training Academy, Inc. and asked if the
organization is private?
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County Manager O'Neal stated the non-profit organization was
established in Pender County to provide law enforcement training
for law officers. The property was seized under Federal Forfeiture
Statutes and awarded jointly to New Hanover and Pender Counties as
equal tenants. If the property should cease to be used as a
training facility, the County's portion would revert back to New
Hanover County.
commissioner Sutton recommended placing a dollar value on the
property.
commissioner Barfield stated Pender County officials made a
presentation at a Board of Fire Commissioners meeting and proposed
establishment of a regional law enforcement training center. He
recommended deferring action on this request until the Board of
County Commissioners can hear a presentation from these
individuals.
Motion: After further discussion, Vice-Chairman Greer MOVED,
SECONDED by Commissioner Retchin to defer action on this item until
a presentation can be heard from Carolina Emergency Services
, Training Academy, Inc. and Pender County off icials. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
.
Discussion of utilizing Local Vendors for county Purchases
Chairman Retchin emphasized the importance of utilizing local
vendors when purchasing items for the County. For example, when
bids were solicited for the parks master planning project, the
distribution of bid packets. was a bi t selective. Staff was
encouraged to make a concerted effort to see that local vendors are
given an opportunity to submit bid proposals.
commissioner Sutton stated on the parks master planning
project, three qualified and experienced firms in Wilmington were
very much interested in the parks project, but were not aware when
bids were solicited.
County Manager O'Neal stated the Purchasing Department will be
informed of this request and all possible consideration of local
vendors will be given in future bid solicitations.
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MINUTES OF REGULAR MEETING, MAY 4, 1992
PAGE 912.
Adoption of Resolution Authorizing the Sale of the Lucille Shuffler
Building site by Advertisement for Sealed Bids
Commissioner Barfield stated Crossroads is interested in
utilizing the facility as a center to help children with school
work and discourage the use of drugs. He commented on being
supportive of this request and stated, however, in order to be fair
to other non-profit agencies desiring to use the facility, the
advertised sealed bid process should be followed.
Discussion was held on the various methods of disposing of
county owned property. County Manager O'Neal reminded the Board
that the Commissioners have the right to reject all bids.
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Chairman Mathews stated in order to be fair to all agencies
interested in using the facility, the advertised sealed bid process
should be used as agreed upon in the meeting of April 6, 1992.
Motion: After further discussion, Chairman Mathews MOVED, SECONDED
by Commissioner Retchin to adopt the resolution authorizing the
sale of the Lucille Shuffler Building by advertisement for sealed
bids pursuant to NCGS 160A-268. The floor was opened for
discussion.
Deputy County Manager Gornto stated the $120,000 minimum was
inadvertently omitted from the resolution presented in the agenda
packet; therefore, to include the $120,000 minimum value, the
resolution must be amended.
Chairman Mathews amended the MOTION to include the $120,000
minimum value, SECONDED by Commissioner Retchin. 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 36.
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EXECUTIVE SESSION
County Attorney Copley requested an Executive Session to
discuss pending litigation.
Motion: Commissioner Retchin MOVED, SECONDED by Chairman Mathews
to convene from Regular Session to Executive Session for discussion
of pending litigation. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Mathews convened to Executive Session at 9:22 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 9:28 P.M.
ADJOURNMENT
Motion: Commissioner Retchin MOVED, SECONDED by Commissioner
Sutton to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 9:29 P.M.
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Respectfully submitted,
o@iuv ~
Lucie F. Harrell
Clerk to the Board
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