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1996-10-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 643 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 21, 1996, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Lorraine Cooper, Pastor of pilgrim Church, gave the invocation. vice-Chairman Mathews led the audience ln the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. The following items were presented: Request by the Castle Hayne Business Association for Adoption of a Resolution Opposing the Proposed N. C. Department of Transportation Ter.minus Plan for Smith Creek Parkway Mr. W. K. Hobbs, representing the Castle Hayne Business Association, reported the Association was in favor of the Smith Creek Parkway; however, the proposed plan for the Smith Creek Parkway terminus on Castle Hayne Road at Mike's Barbecue Restaurant (1632 Castle Hayne Road) would deny residents and businesses along the road access to downtown Wilmington and the Isabel Stellings Holmes Bridge. Traffic would be disrupted and the proposal would pose a hardship on retail businesses along Castle Hayne Road. He presented a resolution opposing the plan for the proposed terminus and requesting the N. C. Department of Transportation to perform a Design Review of a route that will allow Castle Hayne Road to remain open. The Commissioners were requested to adopt the resolution of support. Commissioner Sisson agreed with Mr. Hobbs and reported he felt closing Castle Hayne Road was an oversight by the N. C. Department of Transportation. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to approve the resolution with the correction to the Isabel Stellings Holmes Bridge. 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 XXIII, Page 28. CONSENT AGENDA Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Approval of Minutes The Commissioners approved minutes of the following meetings as presented by the Clerk to the Board: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 644 Regular Meeting Hospital Work Session Environmental Court Work Session Regular Meeting - September 16, 1996 - October 2, 1996 - October 3, 1996 - October 7, 1996 Approval for Filing a School Age Care Block Grant Application - Cooperative Extension Service The Commissioners approved the filing of a grant application in the amount of $22,000 through the Cooperative Extension 4-H Youth Services NCSU, to enhance after school child care programming by collaborating with an existing community program. The objectives of the program are: (1) purchase curriculum and learning materials; (2) increase the level of staff training; and (3) enable the existing program to expand to serve more children. No county funds will be needed. Approval of Impact Fee Expenditures For the Wrightsboro Volunteer Fire Department The Commissioners approved impact fee expenditures for the Wrightsboro Volunteer Fire Department from the North Chase Subdivision for fire protection improvements. The request was approved and recommended for passage by the Fire Commission on September 25, 1996. Adoption of Resolution Accepting a Community Development Block Grant for the Vision Software Plant and Approval of Budget Amendment #97-11 The Commissioners adopted a resolution and approved the associated Budget Amendment accepting a Community Development Block Grant in the amount of $225,000 for the Vision Software Plant located in the 1-40 Industrial Business Park. The Chairman was authorized to execute the grant agreement between New Hanover County and Vision Software. Budget Amendment #97-11 - I-40 Business Park Capital Project Debit Credit 1-40 Business Park Capital Prolect CDBG/Vision Software Grant $225,000 Capital Project Expense $225,000 Purpose: To increase the budget for additional grant funds awarded for the Vision Software project. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 28. The grant agreement is on file in the Legal Department. Authorization for Filing Library Grant Applications The Commissioners authorized the New Hanover County Public Library to file the following grant applications and execute the appropriate budget amendments if the grants are awarded. No additional funds are required. 1. Generation 2 ($83,500) . to upgrade Library computer equipment 2. Kids Corp - to purchase computer equipment for Internet Access for middle school children ($13,036). 3. VBPS: Video Proj ect Business and Safety - to purchase videos and equipment to develop a video library on business, safety, and training topics ($39,600). 4. Cinema Resource Collection - to purchase books and related material dealing with the history of film, film production, and the film industry ($5,700). NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 645 5. State Historical Records Bureau to microfilm copies of the Wilmington City Directory from 1860-1930 ($2,028). Adoption of Resolutions to Add Roads to the State Highway System The Commissioners adopted resolutions to add the following roads to the State Highway System: Sycamore Road, Castle Hayne Northeast Avenue Roads in Meadowbrook Subdivision Sun Coast Drive Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 28. Approval of Release of Value The Commissioners released the following certification penalty as this was the taxpayer's first offense: Rubin, Howard Joel $100.00 The Commissioners granted the following taxpayers Senior Citizen/Disability Exclusions. Applications and letters explaining the late filings are available upon request in the Tax Office. James, Delores M. Small, Nellie Stillman, Josephine Vaughan, Norma D. Watts, M.G. Williams, Marion Etux. $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 The Commissioners approved the delinquent applications for exemption of property taxes for the following organizations. Applications and letters explaining late filing are available upon request. Cape Fear Community College Trinity United Methodist Church Trustees R04712-005-006-000 R06611-009-021-000 Approval of Tax Collection Reports Through September 30, 1996 The Commissioners approved the following Tax Collection Reports through September 30, 1996: New Hanover County Tax Collection New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XXIII, Page 28. Adoption of Resolution Awarding Bid #97-0127 (Contract #97-0127) to Eastern Technology Associates, Inc. for Upgrading the Land Records Computer System The Commissioners adopted a resolution awarding the bid to Eastern Technology Associates, Inc., the only bidder, in the amount of $91,898.15 to upgrade the Land Records computer system. 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 XXIII, Page 28. The contract is on file ln the Legal Department. Acceptance of Local Planning and Management Grant for the Update of the Wilmington-New Hanover County CAMA Land Use Plan and Approval of Budget Amendment #97-0057 The Commissioners adopted a resolution and associated Budget Amendment accepting the Local Planning and Management grant of $25,000 for the update of the Wilmington-New Hanover County CAMA Land Use Plan. The County will provide a cash match of $5,000, and NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 646 an in-kind match of $5,000. 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 XXIII, Page 28. The contract is on file ln the Legal Department. #97-0057 - Planning Department Adjustment Debit Credit PlanninG Department CAMA Grant $20,000 Contracted Services printing Departmental Supplies $15,000 $ 4,000 $ 1,000 Purpose: Update. To budget additional funds for the CAMA Land Use Plan Approval of Budget Amendment #97-0056 to Budget Contributions Designated to Offset the Cost of Producing the Senior Center's Monthly Newsletter #97-0056 - Aging/Senior Center Adjustment Debit Credit AGinG/Senior Center Other $2,000 Postage Newsletter $1,000 $1,000 Purpose: To Budget contributions designated to offset the cost of producing the Senior Center's monthly newsletter. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following employees to step forward and receive service awards: Aubrey Rivenbark, Jr., Fire Services Luther D. Martin, Finance Department Rone P. Lowe, Planning Department Jimmy D. Price, Health Department 5 5 5 5 william H. Eubanks, Inspections Department 10 Pamela G. Kearney, Social Services Department 20 Chairman Greer, on behalf of the Board, presented service awards to these employees and expressed appreciation for their years of dedicated service. Commissioner Sisson recognized Mr. Aubrey Rivenbark, Jr. for being elected President of the North Carolina Firemen's Association. Chairman Greer, on behalf of the Board, congratulated Mr. Rivenbark for receiving this honor. RECOGNITION OF NEW COUNTY EMPLOYEES County Manager 0' Neal requested the following new County employees to stand and be recognized: Beverly Bass, Health Department Paula Valvert, Health Department James Alan Johnson, Inspections Department NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 647 Warren Holt, III, Inspections Department Daniel Cronin, Tax Department Carolyn Carter, Department of Social Services Diane Sines, Department of Social Services Christine Brown, Department of Social Services Pamela Hunt, Department of Social Services Chairman Greer, on behalf of the Board, welcomed the new employees to County Government and wished them well in their new positions. PRESENTATION ON SUCCESS OF NEW HANOVER COUNTY UNITED WAY PACESETTER CAMPAIGN County Manager O'Neal recognized Mrs. Beth Jones for serving as Chairman of the New Hanover County United Way Pacesetter Campaign. He reported the County's goal was $33,750 with a final pledge of $40,079. Appreciation was expressed to Mrs. Jones for her outstanding leadership during the campaign and to the County employees in the departments who made this year's campaign a success. Mrs. Beth Jones expressed appreciation to the Board of County Commissioners for its support of the United Way Campaign and stated without this support the campaign would not have been so successful. Chairman Greer, on behalf of the Board, complimented Ms. Jones for performing an outstanding job as Chairman of the campaign, and he expressed appreciation to the employees of New Hanover County who contributed and supported the United Way. CONSIDERATION OF PAVING GORDON ACRES ROAD Assistant County Manager, Dave Weaver, reported Staff was requested to develop several financing scenarios for the cost per property owner on Gordon Acres Road. He advised the figures were estimates and stated in order to develop final figures, the exact cost of the project would have to be determined as well as research performed on the deeds to ascertain the exact road frontage for each property owner. He requested the Board to consider the following issues before approving the project: (1) Does the County want to become involved in the road business and incur additional demands on the General Fund and Engineering Staff? (2) If so, what percentage of property owners should be required to agree to participate? (3) Under what conditions should the assessment be paid back to the County before legal action is taken? The following funding scenarios were presented: Scenario One (a) No interest (b) Add 15% administration cost - $1,862 x 115% - $2,141.30 (c) Finance over four years Annual assessment due for owner of lot with 100 feet road frontage: $536.40 per year for four years Scenario Two (a) 8% interest (b) Add 10% administration cost - $1,862 x 110% = $2,048.20 (c) Finance over five years NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 648 Annual Assessment due for owner of lot with 100 feet road frontage: $513.07 per year for five years Discussion was held on the accuracy of the cost estimates and when the proj ect would begin. Assistant County Manager Weaver reported that estimates were projected higher because it could be difficult to obtain a bid on the project with the current rate of development. If the Board decides to move forward with paving the road, it would take approximately six months to coordinate the proj ect. vice-Chairman Mathews expressed concern for the County becoming involved in the road business. Chairman Greer advised that a precedent would be set if the project was approved. Concern was expressed for other areas making similar requests, which could become quite costly to the County. He recommended increasing the participation rate from 75% to 90%. Commissioner Caster suggested 80% participation. Commissioner Barone agreed with Chairman Greer and stated 90% was an excellent participation rate. Ms. Barbara Cloyne, representing the residents of Gordon Acres Road, reported the residents were deeply hurt because the Board had not moved forward with the paving project when the information requested from the residents has been prepared and presented to Staff. She advised that if the project was delayed and the cost increases, the residents may not be able to repay the County for paving the road. To require a 90% participation rate of the residents living on the road would be impossible when many of the residents cannot afford the additional cost. Chairman Greer expressed concern for the County performing the project if some of the residents could not afford to repay the County. Ms. Cloyne asked if being poor was a sufficient reason for the residents being stranded in their homes because of the condition of the road. A lengthy discussion was held on the need for the residents to understand the position of the County. Commissioner Barone emphasized the need for everyone to understand that approving this road paving project would be a policy change for New Hanover County which could become very costly to the County if similar projects were requested within a short period of time. Further discussion was held on the residents understanding the risk involved with the project. Chairman Greer explained that under State Law counties have authorization to enter into a road paving project with the property owners. The County will pay for the paving cost up front and the property owners will be responsible for repayment to the County through a tax assessment. If the additional taxes are not paid in a timely manner, the County will begin foreclosure proceedings and some residents could lose their homes. Ms. Cloyne responded the residents were aware of their repayment responsibilities. At the August 19, 1996 meeting, Staff was requested to provide the residents with information so a meeting could be held among the residents and questions could be answered concerning affordability before this meeting. She advised the information was just presented to her this morning and stated she could not say whether either of the scenarios would be acceptable to the residents. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 649 Chairman Greer apologized for this information not being forwarded to the residents and recommended deferring action on this item. Assistant County Manager, Dave Weaver, apologized for the information not being mailed by Staff in advance of the meeting. Ms. Cloyne expressed concern for breaking a six-year perfect attendance record at her job in order to attend the Board meetings in July, August, and October. She strongly objected to another delay and requested the Board to provide a repayment schedule of more than five years so the residents could afford to repay the project. She, again, emphasized the horrible condition of the road and she urged the Commissioners to help the residents in this neighborhood. A lengthy discussion was held on the term of repayment for the paving project. Commissioner Caster recommended requesting Staff to prepare scenarios with repayment schedules of 5, 6, 7, 8, 9, and 10 years at 8% interest. Once the information is prepared, the residents should meet and determine which number of years would be acceptable. Commissioner Barone reported she understood at the August 19, 1996, meeting that most residents would participate in the paving project if the cost was reasonable. She asked Ms. Cloyne if the scenarios were prepared as suggested by Commissioner Caster would most of the residents be able to participate. Ms. Cloyne stated when making the request she had 100% participation by the residents; delays and figures presented, she was not sure. the County could lose money on the project if for the first time, however, after the She questioned how it was repaid? Chairman Greer responded the County would be responsible for paying the project cost upfront; therefore, if ten or twelve other requests were received within the next year at $100,000 to $200,000, the County would be responsible for providing several million dollars to pay for the projects without receiving repayment for a number of years. This would create a decrease in the County's cash flow and in order to continue to provide services, the County may have to increase the property tax rate. Consensus: After further discussion, it was the consensus of the Board to request the Assistant County Manager to prepare scenarios reflecting cost estimates for 5, 6, 7, 8, 9, and 10 years with 80 or 90 percent participation by the residents, at an interest rate of 8%, and an administration fee of 10%. Once this information has been prepared by Staff, the Assistant County Manager was directed to meet with Ms. Cloyne who will meet with the residents to select one of the scenarios that will be acceptable to the property owners. This item will be reconsidered by the Board at a meeting date convenient to the residents living on Gordon Acres Drive. ACCEPTANCE OF FUNDING FROM THE N. C. DEPARTMENT OF TRANSPORTATION (NCDOT) Mr. Garland Garrett, Secretary of the N. C. Department of Transportation, expressed appreciation to the Board for the partnership between New Hanover County and the N. C. Department of Transportation. He complimented the County for the cooperative manner in which the County has worked with the NCDOT crews cleaning up debris from Hurricane Fran. As of this date, the NCDOT has collected 600,000 cubic yards of debris in New Hanover County with a total of 3,500,000 cubic yards collected in all affected areas. Hurricane Fran has been a crisis for the State but the citizens of North Carolina have responded and worked extremely well with the state and local governments. Secretary Garrett, on behalf of Governor Hunt, presented a check to New Hanover County in the amount of $1,200,000 for public NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 650 assistance with 75% from the federal government and 25% from the state government to assist the County with debris removal, repalrs to damaged structures, or other infrastructure needs. Chairman Greer, on behalf of the Board and the citizens of New Hanover County, expressed appreciation to Governor Hunt and Secretary Garrett for the funding which will greatly assist the County in debris removal and repairs to damaged structures. Secretary Garrett reported discussion had been held with concerned citizens in Castle Hayne about the last segment of the Smith Creek Parkway. He advised the Board that State engineers were in the process of trying to develop a plan that will allow Castle Hayne Road to remain open. The Commissioners were assured that NCDOT would make every effort possible to achieve this goal. Secretary Garrett reported discussion had been held with Mr. Doug Bowers, District Engineer of District 3, and the hydrologic unit of the State about areas in New Hanover County with severe drainage problems. He advised that Mr. Bowers would be contacting the Engineering Department to further discuss how the local office could be of assistance in cleaning out ditches. Also, the drainage problem on Eastwood Road at Cavalier Woods should be addressed when the proposed NCDOT drainage project is completed. This project was bid last month with all proposals received 30% over the engineer's estimated cost. The Eastwood Road drainage project will be re-bid in November, and Mr. Bowers will contact the Engineering Department once the bids are finalized. In closing, Secretary Garrett expressed appreciation to the Commissioners for co-sponsoring the meeting of the North Carolina Board of Transportation in Wilmington. Regret was expressed for having to leave before the meeting had adjourned because of Hurricane Fran, and he thanked the members of the Board for attending the meeting in Raleigh and presenting reports on transportation needs for New Hanover County. BREAK Chairman Greer called a break from 9:55 A.M. until 10:16 A.M. PRESENTATION OF SENIOR TAR HEEL LEGISLATURE IMPACT ON THE GENERAL ASSEMBLY FOR 1997-1998 Ms. Ruth Parenteau, representing the New Hanover County Delegate for the Senior Tar Heel Legislature, presented an information packet to the Board and reported the organization was mandated by State Statute to educate senior citizens in each county about the General Assembly and its functions. The organization serves as advocates for seniors and addresses inter-generational issues. During the past year, the Senior Tar Heel Legislature was able to persuade the General Assembly to pass bills that provided additional funding in the amount of $99,000 to New Hanover County through the Block Grant Program. She advised she had spent $1,300 out of her family's income during the past year traveling to Raleigh for meetings. Ms. Parenteau respectfully requested the Board to budget $2,000 for the ensuing year to cover travel expenses since she was elected Chairperson of the House Committee for the Senior Tar Heel Legislature. She advised that Cabarrus, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union, Haywood, Jones, Persons, and Columbus counties pay expenses for the delegates of the Senior Tar Heel Legislature. Discussion was held on the procedure used to appoint delegates. Ms. Ruth Parenteau responded she was speaking before the Department of Aging as a member of the Block Grant Committee and was asked if she would become the delegate for New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 651 Chairman Greer, on behalf of the Board, expressed appreciation to Ms. Parenteau for the informative report. No action was taken. UPDATE ON I-40 ASSOCIATION Chairman Greer advised approximately six months ago the Chairman of the 1-40 Association made a report to the Board and at that time, there was concern for the lack of activities occurring within this group. The Board requested the Chairman to present another update on the activities of the 1-40 Association within six months. When the County Manager contacted the Chairman about the status report, he was informed there were no activities to report. Chairman Greer requested direction from the Board as to whether the County should consider discontinuing its affiliation with this group. Commissioner Sisson recommended withdrawing the County's support of the 1-40 Association. Commissioner Barone spoke ln opposition to disbanding the group and emphasized the importance of New Hanover County keeping its presence in the 1-40 Association, particularly when there are no costs involved. In her opinion, it allows the County to work with other eastern counties in supporting the economic development along the 1-40 Corridor. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to withdraw the County's support of the 1-40 Association. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Barone stated, for the record, she felt this was politics at its pettiest because some Board members did not like the Chairman, Dana Page. Commissioner dislike for the County's support. Caster requested Chairman was not the record reason for to reflect withdrawing that the After further discussion, the Chairman was authorized to write a letter informing the members of the 1-40 Association about this action. DISCUSSION OF OPPORTUNITY TO ACQUIRE ADDITIONAL PARK LAND AND POSSIBLE TRADE OF EXISTING PARK LAND County Manager O'Neal advised the County owns acreage on the eastern side of Carolina Beach Road near the site that is being acquired for construction of a school complex on Carolina Beach Road. Approximately 54 acres of land behind the school property can be purchased at $26,000 per acre to be used for expanding the school site into a shared county/school community campus. Discussion has been held with the property owners about the possibility of exchanging the County owned property for the additional acreage behind the school. If the Board decides to consider the proposed sites, an opportunity would be available to develop shared arrangements between the Board of Education and New Hanover County for recreational, educational, and other community activities. County Manager O'Neal requested the Finance Director, Bruce Shell to present details on the proposed property acquisition. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 652 Finance Director Shell reported that discussion had been held about trading or selling the county owned acreage for the purchase of park land behind the school site. When checking into the legal ramifications of trading or selling the 42 acres, it was found that statutorily the land could be sold or traded. At this point, Staff decided to inform the Board about the offer made by the developers. Commissioner Barone advised that when Parks Director, Neal Lewis, was hired three years ago, discussion was held on entering into shared agreements with the Board of Education so duplicate facilities would not be constructed and the shared facilities could be used by the citizens of the county after normal school hours. Commissioner Sisson recommended requesting Staff to proceed with trying to exchange the County's 42 acres for the 54 acres. If no agreement can be reached, Staff should pursue selling the 42 acres with those funds being used to purchase the 54 acres. If neither of these options can be negotiated, then the Board of County Commissioners will have to decide on the land acquisition. Finance Director Shell asked if the County's property could not be sold or exchanged, would the Board be interested in acquiring the property? He advised the Board could consider purchasing the property with negotiation of an agreement to pay interest only for a period of three years. Commissioner Barone asked if the County could obtain an option on the 54 acres of land? Finance Director Shell responded an option would be another alternative to explore. Mr. Phil Triece, representing the property owner, advised the property around the 54 acres has been sold and stated currently there is a Letter of Intent from an individual interested in purchasing a significant portion of the 54 acres. In his opinion, time was a critical factor if the Board desires to acquire the property Parks Director, Neal Lewis, reported the concept of a community campus near the school complex would provide a shared stadium, library, auditorium, athletic field, or park facility depending upon the design. Under this type of community campus, the Board of Education and Board of County Commissioners would have to agree on the design of the complex and the shared use of the facilities. With the shortage of land in New Hanover County, the purchase of this property presents a unique opportunity to develop a shared complex. With a proposed school bond issue in the next year or two, the County may want to consider a combined bond issue for schools and development of County parks. Further discussion was held on the most desirable location for development of a County park in the southern end of the County. Parks Director Lewis responded the 54 acres was an ideal location because of better access and convenience to surrounding communities. Chairman Greer suggested purchasing a portion of the 54 acres. Parks Director Lewis responded that development of a regional County park would require approximately 75 to 100 acres. If the 54 acres was combined with the school's property, a nice shared facility could be designed and developed. vice-Chairman Mathews suggested selling the County's 42 acres on the east side of Carolina Beach Road to generate additional revenue to purchase the 54 acres near the school site. Finance Director Shell reminded the Board that in order for the County to maintain its tax exempt status, the 42 acres could not be sold without being replaced by park land. He explained the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 653 County could proceed with purchasing the 54 acres for development of a regional park, which would allow the 42 acres owned by the County to be sold. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to commit to acquiring the 54 acres contingent upon the owner providing the access road, and request the Finance Officer to explore arrangements for financing the purchase to include selling or trading the 42 acres owned by the County on the east side of Carolina Beach Road, or negotiating an agreement for payment of interest only for a period of three years. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION FOR PRIVATE SALE OF LUMBER FROM DAMAGED TREES ON COUNTY PROPERTY County Attorney Copley requested the Board to adopt a resolution to authorize the Parks Director, Neal Lewis, to perform a private sale of the lumber removed from damaged trees on County property. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to adopt a resolution authorizing the Parks Director, Neal Lewis, to perform a private sale of the lumber removed from damaged trees on County property, including the County Parks and the Juvenile Center, to Thomas Patrick, 4435 Black Smith Road, Bolton, North Carolina, doing business as Patrick's Tree Service. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and lS contained in Exhibit Book XXIII, Page 28. ANNOUNCEMENT OF CITY/COUNTY GOLF TOURNAMENT TO BE HELD FOR THE BENEFIT OF THE UNITED WAY CAMPAIGN Parks Director, Neal Lewis, announced a City/County Golf Tournament had been scheduled for November 16, 1996, at the Municipal Golf Course for the benefit of the United Way Campaign. He invited the Commissioners to participate and attend the event. RENEWAL OF LEASE AND SUBLEASE FOR THE COAST LINE CONVENTION CENTER County Manager O'Neal reported the lease and sublease for the Coast Line Convention Center expired October 30, 1996. The annual rent obligation of $125,000 is supported by the City of Wilmington with a contribution of $75,000, and by New Hanover County with a contribution of $50,000. The County's contribution of $50,000 has been included in the FY 1996-97 Budget. Commissioner Barone inquired as to the amount of sales tax revenue generated by the Coast Line Convention Center. Mr. Mike Bradley, President of the Board of Directors of the Coast Line Convention Center, advised that a rather complex formula was used to determine the exact dollars that were returned to New Hanover County; however, this figure has been projected between $70,000 and $90,000. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution renewing the lease and sublease extension for the Coastline Convention Center for four years with a financial commitment of $50,000 by New Hanover County to meet rental payment deficits. Upon vote, the MOTION CARRIED UNANIMOUSLY. REVISIONS TO NEW HANOVER COUNTY CODE CHAPTER 3, ANIMALS AND FOWL ORDINANCE Chairman Greer, the County's representative on the Board of Health, reported the New Hanover County Health Department had approved amending the following revisions to Chapter 3, Animals and Fowl Ordinance in the New Hanover County Code: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 654 (a) Section 3-17: A proposed revision to reduce the holding period of strays from five business days to three business days as required by North Carolina State Law. This revision will reduce current medical costs for the Animal Control Division. (b) Section 3-27: A reV1Slon requiring the dog owners to pay an "appellant fee" if they decide to appeal a dangerous/potentially dangerous dog ruling. (c) Establish a new section requlrlng pet owners to secure a "breeding permit." (d) Approval of Fees Associated with Code Revisions: (A) Increase the dangerous dog fee from $10 to $25; and (B) Charge a fee of $10.00 for a Breeders Permit. Currently there is no charge for the permit. Commissioner Barone requested an explanation on the change regarding the number of persons deciding whether a dog was declared dangerous. Animal Control Director, Ron Currie, explained that two people instead of one would be selected to determine if a dog should be declared dangerous. If the two individuals cannot agree, the Chairman of the Board of Health would make the decision. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to approve the revisions to the New Hanover County Code as presented and recommended by the New Hanover County Board of Health. Commissioner Barone requested an explanation of the breeding fees. Director Currie advised currently there was no listing of breeders; therefore, the Board of Health felt it would be beneficial to know the names of breeders to provide education on the number of unwanted animals. A $10 breeding fee has been established for persons breeding cats or dogs. Chairman Greer explained that the purpose of the breeding fee was to reduce the number of stray animals. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Since a unanimous vote was not received on the first reading of the ordinance, a second reading will be required on November 6, 1996. Vice-Chairman Mathews commented on the number of dogs being carried on the back of pick-up trucks by construction workers to protect their equipment, and he requested an explanation of how situations were handled when a dog threatened a person. Director Currie responded a dog riding on the back of a pick- up truck was considered a safety hazard to the animal and to the person in the vehicle following the truck. Currently, this type of situation is handled on a complaint driven basis with a person calling in the license number. He offered to appear before the Builders Association and publish public service announcements to educate the public about this concern. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 655 After discussion, Director Currie was requested to move forward with public service announcements and appear before the Builders Association. APPROVAL OF FILING A GRANT APPLICATION TO THE N. C. CRIME COMMISSION FOR ESTABLISHMENT OF A DOMESTIC VIOLENCE UNIT IN THE DISTRICT ATTORNEY'S OFFICE District Attorney, John Carriker, requested permission to apply for a grant from the N. C. Crime Commission in the amount of $150,000 to establish a Domestic Violence Unit in his office. If the grant is awarded, grant funds would be used to hire an Assistant District Attorney, a Deputy Sheriff, a Wilmington Police Officer, purchase uniforms; purchase supplies; and pay for benefits. A 25% match is required, and in-kind sources will be used with $5,324 being requested from the Sheriff's Department and Wilmington Police Department. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to authorize the filing of a grant application in the amount of $150,000 for establishing a Domestic Violence Unit in the District Attorney's Office. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF DEED TO CONVEY NEW HANOVER REGIONAL MEDICAL CENTER FROM A PUBLIC HOSPITAL TO A NON-PROFIT CORPORATION OPERATING AS A COMMUNITY GENERAL HOSPITAL Chairman Greer recommended discussion of the changes proposed at the Work Session. The following items were discussed: Item 5. Corporation Shall Maintain Control of Subsidiaries: If the Corporation creates any non-profit corporations or subsidiaries, it shall maintain control of the boards of those corporations or subsidiaries. Dr. Bertram Williams, Chairman of the New Hanover Regional Medical Center Board of Trustees, reported this section would preclude the Medical Center from being a limited partner in any organization, which is more stringent than the present regulations governing a public hospital. County Attorney Copley commented on discussing this section wi th Mr. Dumay Gorham, the attorney representing the Medical Center, and stated the purpose of this section was for the Medical Center Board of Trustees to solely control any corporation or subsidiary created by the Medical Center. For example, if the Hospi tal Board of Trustees created Health Services, Inc., the Trustees would appoint all members of Health Services, Inc Board. Joint ventures or partnerships would not be affected by this section. Dr. Williams reported after this explanation he had no problem with this requirement. Consensus: It was the consensus of the Board to allow this section to remain unchanged. Item 2. Covenant not to Compete: The corporation shall not compete with any state or county funded mental health facility or health clinic located in New Hanover, Brunswick, or Pender County. Commissioner Sisson commented on being responsible for inclusion of this section and reported the taxpayers' commitment for these types of facilities was off-set by third-party reimbursements for a large number of clients. If the Community General Hospital develops competitive programs with these institutions, the third-party reimbursement would be lost and the facili ties would become solely dependent upon tax dollars. He recommended that Mr. Jim Hobbs, President of the Medical Center and Dr. Art Costantini, Director of the Mental Health Center, meet to discuss language that would be acceptable for cooperation between the hospital and these agencies. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 656 Dr. Williams reported the Medical Center had historically worked cooperatively with these agencies and stated this relationship should not change ln the future. Concern was expressed for the word, "compete" and the negative impact of this language on future bond issues. Dr. Williams recommended rewording the statement to allow the hospital to operate in a cooperative fashion and manner. Chairman Greer advised that Cape Fear Community College had requested assurance of a continued working relationship with programs offered by the College under the proposed Community General Hospital, particularly with the radiology program. Mr. Jim Hobbs, President of New Hanover Regional Medical Center, advised the Medical Center had historically worked cooperatively with Cape Fear Community College and stated the hospi tal would continue to support these programs under a non- profit corporation. Chairman Greer stated it was his understanding that Cape Fear Community College was to be billed $12,500 for allowing the radiology program to remain in the hospital which, in his opinion, would be removing funds from the County coffers. He requested Mr. Hobbs to check into this matter. Mr. Hobbs responded that he would check into this matter to be sure the hospital was contributing its fair share. Consensus: It was the consensus of the Board for Mr. Hobbs and Mr. Costantini to meet and work out acceptable language under the supervision of the County Attorney, Hospital Attorney, and Southeastern Center Attorney. Article IV - Board of Trustees: Amend the By-laws to allow the Board of County Commissioners to appoint thirteen (13) members of a sixteen (16) member board, which shall include at least one (1) New Hanover County Commissioner, and the Past and Current President of the Medical Staff. The term will be for three (3) years and a Trustee may be removed upon a maj ori ty vote by the Board of Commissioners. County Attorney Copley advised the current By-laws require the automatic reappointment of a Trustee to a second three-year term unless the Board of County Commissioners by a unanimous vote decides not to reappoint the Trustee. She requested clarification of this section and stated she understood the Board wanted to reconsider each reappointment as done with other boards and committees. Also, the term is to be three years and a Trustee may be removed upon a majority vote by the Board of County Commissioners. Chairman Greer explained that when a term expires, the term has ended. If the Board desires to reappoint that person, this would be permissible, but not required. County Attorney Copley advised she would interpret this to mean that a term would not be automatically renewed. Dr. Williams commented on the time needed to train new Trustees and recommended extending the term of office from three to five years if the Board was not going to automatically reappoint a Trustee to serve another three-year term. Consensus: After a lengthy discussion, it was the consensus of the Board to allow Article VI to remain as proposed with three-year terms and a majority vote of the Board of County Commissioners for removal of a Trustee. Deed (Pages 2 and 3): Commissioner Caster inquired as to whether a unanlmous vote should be required by the Board of County NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 657 Commissioners to amend the Articles of Incorporation or hospital By-laws? Chairman Greer recommended changing the word, unanlmous, to majority. Dr. Williams responded he felt the Board of County Commissioners should be required to approve any amendments to the Articles of Incorporation; however, the By-laws were constantly amended because of changes in the daily operation of the hospital. This procedure could become cumbersome, and the Commissioners may wish to require a majority vote on any amendments to the By-laws regarding the appointment of Trustees. County Attorney Copley asked if the Board would like to require a majority vote by the Board of County Commissioners on amendments to specific By-laws such as the appointment of the Trustees, the number of Trustees and terms of office, or would the Board want to require a majority vote on all amendments to the By- Laws. Mr. Dumay Gorham, the Attorney representing New Hanover Regional Medical Center, advised the By-laws of the hospital were different from other appointed boards. The hospital By-laws deal with internal operational issues and must reflect the changes occurring in health care; therefore, changes do occur frequently. He recommended modifying this section of the Deed to require a majority approval by the Board of County Commissioners to fundamental basic matters such as appointment of Trustees. Chairman Greer agreed and recommended changing this section to require approval by the Board of County Commissioners for pertinent sections of the By-laws. Consensus: It was the consensus of the Board to require a majority vote instead of unanimous vote by the Board of County Commissioners for all amendments to the Articles of Incorporation and require a majority vote by the Board of County Commissioners for pertinent sections of the By-Laws. The County Attorney and Hospital Attorney were requested to prepare a list of By-law sections that will require a majority vote by the Board of County Commissioners. County Attorney Copley asked if the Board wanted the following sentence to remain in the By-laws: "Corporate information of a confidential nature shall be submitted in such manner as mutually agreed upon by New Hanover County and the Corporation." Chairman Greer recommended allowing this section to remain in the By-laws so the Board of County Commissioners could obtain specific information when needed. Dr. Williams reported the hospital had to abide by State Law regarding the protection of confidential information, particularly personnel issues. Since the County has a Commissioner serving on the Hospital Board and the Trustees must abide to State Law, he did not feel this sentence was necessary. Commissioner Barone agreed. Consensus: statement. It was the consensus of the Board to remove this Payment in Lieu of Taxes for Acquisition of For-Profit Entities: Chairman Greer advised this section was included as an addi tion to the By-Laws to ensure the County would not lose valuable property taxes on real estate purchased by the hospital as a non-profit corporation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 658 Dr. Williams responded that State Law addresses the taxation of non-profit properties; however, the hospital would not be interested in purchasing expensive real estate owned by doctors because of the budget constraints that would be placed on capital funds. This does not mean that real estate purchases would not occur in the future under certain situations. Most doctors have no interest in selling valuable real estate because it is a source of income. If the Medical Center constructed an apartment complex across the river to generate revenue to support the activities of the hospital, this by State law, would be taxable property. Attorney Gorham reported Bond Counsel was concerned about this statement being viewed as a negative factor in the sale of hospital bonds. Consensus: After further discussion, it was the consensus of the Board to request the County Attorney to consult with Bond Counsel about the County requiring payments in lieu of taxes for the acquisition of for-profit entities. County Attorney Copley presented the following recap of the discussion and recommended changes: (1) Deed: Require a majority vote for the Board of Trustees to amend its Articles of Incorporation. (2) Deed: Require a majority vote for the Board of Trustees to amend its By-laws regarding hospital appointments or other sections as deemed necessary by the County Attorney. (3) Additional By-Laws: Accept the Reports for the Board of County Commissioners with removal of the confidential information statement at the end of the paragraph. (4) The County Attorney and Hospital Attorney will work on a cooperative agreement regarding the Southeastern Mental Health Center and other government agencies, such as Cape Fear Community College. (5) The County Attorney is to contact Bond Counsel regarding the section requiring payments in lieu of taxes for acquisition of for-profit entities. A recommendation is to be made to the Board. (6) The Corporation shall maintain control of solely created and owned subsidiaries. (7) The terms of office for the Trustees shall be for three years. At the end of three years, the Board of County Commissioners shall reconsider whether the Trustee shall be reappointed to serve another three-year term. Attorney Gorham expressed concern for the Board of County Commissioners being able to remove a Trustee without cause by a majority vote. He questioned the ability of the Board of County Commissioners to attract qualified persons to serve as Trustees if this statement was not changed. Consensus: It was the consensus of the Board to remove a Trustee with "cause" by a majority vote. In closing Dr. Williams, reported he would like to present the proposed changes to the Board of Trustees at its meeting scheduled for tomorrow night. He advised the Board that he would be terminating his 40 years of activity with the hospital that evenlng. Chairman Greer, on behalf of the Board, expressed appreciation to Dr. Williams for his years of service to the hospital and for NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 659 the time and effort given to inform the public about the proposed conveyance of the hospital. Chairman Greer reported if the Board plans to vote on the resolution of conveyance at the regular meeting of November 6, 1996, the Clerk to the Board must have ample time to advertise the Public Notice. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to direct the Clerk to the Board to publish Public Notice at least ten days before the vote on the hospital conveyance resolution to be considered by the Board on November 6, 1996. Substitute Motion: Vice-Chairman Mathews MOVED, Commissioner Sisson to delay the decision on conveyance resolution until after the new Board had November and sworn into office on December 2, 1996. MOTION FAILED TO CARRY AS FOLLOWS: SECONDED by the hospital been elected in Upon vote, the Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer Chairman Greer called for a vote on the original motion to direct the Clerk to the Board to publish Public Notice regarding the hospital conveyance resolution to be considered on November 6, 1996. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner Sisson Vice-Chairman Mathews BREAK Chairman Greer called a break from 12:20 P.M. until 12:25 P.M. DISCUSSION OF TREE REPLACEMENT FROM CAROLINA POWER & LIGHT COMPANY Ms. Gayle P. Van Velsor, District Manager of the Wilmington Carolina Power & Light office, reported 1,000 trees had arrived as part of the CP&L "Operation Re-brown" program. She advised that 325 trees would be received and distributed to the County, municipalities, schools, UNCW, and Cape Fear Community College. Ms. Van Velsor presented a resolution of appreciation to New Hanover County and its employees for the assistance given to CP&L during Hurricane Fran. Chairman Greer, on behalf of the Board, accepted the resolution and expressed appreciation to CP&L for the efficient manner in which electricity was restored to the County after Hurricane Fran. APPOINTMENT OF TASK FORCE TO STUDY ENVIRONMENTAL ENFORCEMENT PROBLEMS Deputy County Manager, Andrew J. Atkinson, advised that during the Work Session held on October 3, 1996, the Board recommended establishment of a Task Force to review problems being experienced by the Environmental Enforcement Unit of the Sheriff's Department. He presented the following list of agencies that have been identified to serve on the Task Force: County Manager's Office District Attorney's Office County Attorney's Office Andrew J. Atkinson John Carriker Wanda M. Copley NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 660 Health Department Sheriff's Department Keep America Beautiful Zoning Enforcement Fire Marshall's Office Judge's Office Diane Harvell John Murray Nancy pritchett Ann Hines Phil Kouwe Judge Fullwood or Judge Morris-Goodson He advised that once members were appointed, the Task Force would begin the review process and a recommendation should be presented to the Board within 90 days. Consensus: It was the consensus of the Board to authorize appointment of the Task Force as recommended by the Deputy County Manager. Ms. Nancy Pritchett, Director of Keep America Beautiful, reported that through a cooperative effort with the N. C. Cooperative Extension Service, a tree replant program had been prepared to replace the trees lost during Hurricane Fran. She advised the trees were free and orders for seedlings would be distributed at the County Fair. Donations would be requested; however, no one would be required to contribute to receive a free tree. Orders will be processed with seedlings ready for distribution at Hugh MacRae Park in November. A grant in the amount of $2,000 was received from praxair as part of their "Rooting for America" program. These funds will be used to subsidize the initial planting of the seedlings. Ms. pritchett reported that a grant application in the amount of $5,000 was filed during the summer with Urban Forestry for establishment of a tree registry program so the largest and oldest trees could be registered; however, due to the devastation suffered from the hurricanes, the State has been requested to convert this grant funding to the tree replant program so the $5,000 can be used for that purpose. In closing, Ms. pritchett urged everyone to encourage businesses and residents to replant at least 50% of the trees lost during Hurricanes Bertha and Fran. Chairman Greer, on behalf of the Board, expressed appreciation to Ms. pritchett for initiating and starting a program, which will truly benefit the aesthetics of New Hanover County. BREAK FOR LUNCH Chairman Greer called a break from 12:39 until 1:18 P.M. COMMITTEE APPOINTMENTS Appointment of Christopher A. Gilmore to Serve on the New Hanover Child Fatality Prevention Team Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to appoint Christopher A. Gilmore to serve on the New Hanover Child Fatality Prevention Team. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 1:36 P.M. until 1:56 P.M. to hold a meeting of the Water & Sewer District. ADDITIONAL ITEMS - COUNTY COMMISSIONERS REMOVAL OF BURNING BAN Commissioner Barone recommended removlng the Burning Ban. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to remove the burning ban. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 661 vice-Chairman Mathews advised that he felt this action was premature. Commissioner Sisson requested Commissioner Barone to amend the motion to remove the burning ban contingent upon revisiting the issue if public safety becomes a problem and the Volunteer Fire Departments receive an overload of calls because of burning. Amended Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to remove the burning ban contingent upon revisiting the issue if public safety becomes a problem and the Volunteer Fire Departments become overloaded with calls. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF BOND RESOLUTION FOR THE SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1996 FOR THE SCHOOL AND COMMUNITY COLLEGE BOND ISSUE Chairman Greer requested the Board to adopt a resolution for the sale of $14,800,000 Public Improvement Bonds, Series 1996, for the School and Community College bond issue. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the resolution for the sale of $14,800,000 Public Improvement Bonds, Series 1996, for the School and Community College bonds on October 22, 1996. 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 XXIII, Page 28. ADDITIONAL ITEMS - COUNTY MANAGER HUMAN RESOURCES STEERING COMMITTEE OF THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS TO MEET ON OCTOBER 23, 1996 County Manager O'Neal announced the Human Resources Steering Committee of the North Carolina Association of County Commissioners would be meeting on Wednesday, October 23, 1996, in Raleigh, North Carolina, to consider New Hanover County's proposal to amend NCGS 131E-128 authorizing the Nursing Home Advisory Committee in local communities to allow one committee member for every fifty nursing home residents. He advised that New Hanover County had been requested to send a representative to the Human Resources Steering Committee in Raleigh. Chairman Greer advised he was the Chairman of the Human Resources Steering Committee; therefore, he would be attending the meeting and expressing the County's concerns. REORGANIZATION OF COUNTY VEHICLE MANAGEMENT DEPARTMENT County Manager O'Neal stated as Manager of the County he had authority to reorganize the various departments and reported effective Tuesday, October 22, 1996, the Vehicle Management Department would be combined with the Property Management Department. Due to recent resignations in the department, it was felt that combining the departments would be more efficient and cost-effective. No positions will be eliminated because another Mechanic position is needed which will be accomplished through reclassifying the vacant Administrative Assistant I position. Commissioner Barone complimented the County Manager for moving forward with a recommendation that eliminated one department. Authorization for Chairman to Forward a Letter to the Natural Resources Conservation Service for the Emergency Watershed Protection Work Assistant County Manager, Dave Weaver, requested the Board to authorize the Chairman to forward a letter to the Natural Resources Conservation Service for emergency watershed protection work to be performed in affected County watersheds as a result of damages caused by Hurricane Fran. The letter will allow the Natural NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 662 Resources Conservation Service to begin the program for removing debris from streams and branches throughout the County to relieve standing water and drainage problems. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to authorize the Chairman to forward the letter as written to the Natural Resources Conservation Service. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer advised that FEMA led the County to believe that an engineer should be hired to begin a program for removal of debris from streams and branches in order to speed up the process and relieve standing water problems being experienced throughout the County. He stated an engineer was hired based upon this recommendation, and he requested Staff to make every effort possible to receive reimbursement from FEMA for the engineer's fee since the County was instructed to proceed in this manner. County Manager O'Neal reported this request would be included in the documents to be forwarded to FEMA for reimbursement; however, he was not optimistic about reimbursement for the fee. Report on Fire Commission Retreat Commissioner Sisson reported the Fire Commission held its retreat on October 20, 1996, with Assistant County Manager Weaver serving as the facilitator. The Commission supported Vision and Mission statements favoring a more highly integrated fire system in New Hanover County with upgrading training standards, increasing the interface with the City of Wilmington Fire Department, moving forward with a performance based contract, and presenting a fire proposal for the industrial corridor along Highway 421 North. These recommendations will be presented to the Board at the next meeting. Taxation and Finance Subcommittee Meeting of the North Carolina Association of Counties to be Held on October 24, 1996 Commissioner Barone announced she would be attending the Taxation and Finance Subcommittee meeting of the North Carolina Association of County Commissioners on Thursday, October 24, 1996, in Raleigh, North Carolina. She advised she would be presenting the legislative packet prepared by the County Attorney, and she asked if the Board had other items to be presented at the meeting. After discussion, the Board concluded that no other items should be presented. Report on Upcoming Commissioner Education meeting ci tizens were not schools and roads. and requested the whenever possible. School Bond Issue Caster commented on attending a Board of and reported it appeared that many 0 f the aware of the upcoming State bond issues for He presented pamphlets about the bond issues Commissioners to distribute this information ADJOURNMENT Chairman Greer adjourned the meeting at 2:10 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board BREAK Chairman Greer called a break from 2:11 P.M. until 2:25 P.M. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 663 DRAINAGE WORK SESSION The New Hanover County Board of Commissioners held a Work Session on Monday, October 21, 1996, at 2:26 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the Work Session to order and advised the meeting had been called to discuss how to address drainage in New Hanover County. He requested Assistant County Manager, Dave Weaver, and Planning Director, Dexter Hayes, to present brief reports on drainage and options available to relieve flooding problems until a long-term drainage plan can be implemented. REPORT ON COUNTY ORDINANCES REGULATING DRAINAGE Assistant County Manager Weaver reported during rainfalls on natural sites, approximately 50% of the rainfall is infiltrated, 40% is evaporated or transpired back into the air by plants, and 10% becomes actual runoff into receiving discharge points. When 35% of a natural site is paved and becomes an impervious surface, approximately 35% of the rainfall becomes infiltrated, 35% evaporated or transpired, and 30% runs into receiving discharge points. With an increase in the actual runoff from impervious surfaces, development becomes a problem unless drainage systems have been properly designed to handle the amount of storm water discharge. When establishing drainage regulations, conflicts will occur among the parties involved. The property owner desires to remove the water from the land in order to prevent flooding impacts on the si te, ensure proper functioning of septic tanks, and avoid any aesthetics problems with flooding or standing water. The property owners living downstream want the developer or property owner to keep the water on site to prevent flooding impacts on their properties. Studies indicate that keeping water on a site where development occurs prevents negative environmental impacts and assists with preserving groundwater recharge. A chart was presented showing the influence of a severe rainfall on a ditch or stream. The rate of discharge was measured in cubic feet per second from the beginning of the storm for a period of twenty hours. A ditch or stream has a constant base flow fed by groundwater. In the example presented, the constant base flow was two cubic feet per second. When a storm occurs, the runoff flow begins and the cubic feet per second increases to six cubic feet per second at its peak ten hours into the storm. After the ten hours, the cubic feet per second rate slowly decreases until it reaches its base flow of two cubic feet per second. When the site has a high percentage of impervious surface with no drainage controls, the peak cubic feet per second discharge rate increases at a much higher rate before the peak of the storm. This rate requires a much longer period of time for it to return to the two cubic feet per second flow. Volume must be considered in both situations. A developed area with a high impervious surface without drainage controls will experience a higher volume and higher rate of discharge. The following regulatory controls were explained: (1) Performance Requlation: The developer would be required to meet a certain drainage standard under a ten-year storm. The peak rate of discharge could not exceed the peak rate of discharge for the natural storm discharge rate. This option NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 664 would push the discharge downstream with a high volume of discharge coming from the developed area. (2) A Recipe of Requlations: Natural systems, such as grassy swales, ditches, and retention ponds, would be required in all new development with no curb and gutter allowed ln subdivisions. (3) Basin Specific: The performance and recipe regulations would be modified based on specific basin characteristics. Establishment of more complex drainage regulations will require the developer to pay additional costs. If a regulation is imposed to meet the natural discharge rate, the developer will be required to eliminate the volume before and after the peak of the storm, which will be costly. Once drainage regulations are imposed, the County could become liable for flooding conditions downstream from a new development. Also, technical issues will have to be addressed: How would a 10- year storm be defined? Should it be defined in the amount of rainfall that occurs in a 24-hour storm, or the amount of rainfall that occurs in a 2-hour storm? The definition of the 10-year storm would be the basis used to determine the size and design of retention ponds and ditches. The issue of ownership and maintenance must be addressed. Who will own the retention ponds, the swales, or ditches? Who will maintain the drainage systems? Charts were presented on the impact of development on existing developments downstream. When the first development is completed, the discharge may be acceptable downstream; however, when the second and third developments are completed, the discharge rate will increase with flooding occurring downstream even though performance standards have been met. In order to develop performance standards that will control the discharge downstream, each basin must be studied as to how the drainage regulations will affect existing development in each basin. In summary, Assistant County Manager Weaver advised that in basic specific planning for drainage, the trend is for the public entity to place regional retention ponds in various areas throughout the County in lieu of requiring the developer to create small retention ponds that are difficult to maintain. Numerous counties have become the entity for constructing regional retention ponds, and the developer is allowed to discharge into the pond at an established fee. The revenue generated from the fee is used by the county to defray the cost of building other regional retention ponds. Planning Director, Dexter Hayes, reported the current Subdivision Ordinance requires that all drainage construction within the proposed subdivision be reviewed by the County Engineer for conformance with applicable minimum standards and details approved by the Board of County Commissioners. He advised these regulations were adopted in 1969 with several revisions made in the mid-80's concerning performance residential and conservation overlay requirements. Currently, there are no standards that must be approved by the Board of County Commissioners; therefore, the County Engineer is responsible for reviewing the engineer's subdivision design standards to determine if the standards are adequate to handle the drainage in a new development. Since the County has not established standards, the County imposes ten-year design standards for new conventional subdivisions based upon the 10-year storm period. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 665 The following requirements are currently outlined in the New Hanover County Zoning Ordinance: (1) Performance Residential Prolects: Storm water runoff will be managed and structures appropriately sized such that the peak rate of discharge from the site after completion of development for any storm in size up to and including the specified design storm, shall not exceed the peak rate of discharge from the site in its previous natural condition for the specified design storm. (2) Conservation Overlay Requirements: The same standard as Performance Residential except the Conservation drainage requirements may also apply to non-residential development if they disturb more than one acre. Additional drainage controls are imposed if the development impacts certain resources such as estuarine creeks or marshlands. The highest standard requires that on-site retention or percolation areas be provided for the entire parcel sufficient to control the first one inch of runoff that will originate from the impervious surfaces planned for the site. The method of retention requires the County Engineer's approval. Also, certain percentages of the resource areas are required to be preserved in their natural state, which helps in the maintenance of the natural drainage system. If the conservation resource areas are not present, none of these drainage requirements apply. Chairman Greer inquired as to whether anyone from the public would like to comment. Ms. Rhonda Smith, a resident of Smith Creek Estates, presented pictures to the Board and reported on the severe drainage problems in Smith Creek Estates. After discussion with the neighbors, she had learned that an effort had been made by the residents for the past two years to urge the County and State to dredge Smith Creek to alleviate the flooding that occurs during heavy rainfalls. Currently, a developer plans to construct an additional 120 homes with storm drains emptying into Smith Creek, which will completely flood Smith Creek Estates after every heavy rainfall. She commented on the frequency of waist-high water in her backyard, and she urged the Board to recognize the importance of providing some type of relief to the neighborhood by dredging Smith Creek and cleaning out drainage ditches. Assistant County Manager Weaver reported that Mr. Bill Grathwol, the developer of Smith Creek Estates had obtained a permit to dredge out this portion of Smith Creek once the water level dropped enough to use heavy equipment. Unfortunately, it will take approximately six months for the water level to fall. Commissioner Caster and Commissioner Barone Excused from the Work Session at 3:15 P.M. Commissioner Caster apologized for having to leave the Work Session because of a prior commitment and reported the drainage issue must be addressed. He expressed appreciation to Staff for an informative presentation. Commissioner Barone apologized and stated she also had to leave. She expressed appreciation to Staff for the presentation. Further discussion was held on the options available for developing better drainage regulations. Planning Director Hayes recommended applying the existing drainage standards to all types of development to tighten up the current standards until a comprehensive drainage plan could be prepared. Discussion was held on why the 10-year storm was used in the County's drainage regulations in lieu of a 25-year or 100-year storm. Mr. Jim Craig, the County Engineer involved with inspecting drainage systems, reported the 10-year storm regulation was written NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 666 throughout the performance and other regulations applied to new development because it would be difficult to require a conventional subdivision to be designed for a 100-year storm. Also, most of the retention ponds are required and permitted by the State, not New Hanover County. The County requires retention ponds only when deemed necessary under the performance residential and conservation overlay requirements. Any development that disturbs one acre of land must meet State standards which are applied to different degrees of impervious coverage. State retention ponds are designed to restrict ample flushing around water quality, not water quantity including flooding. Any site under an acre, with an inch of storm water runoff must be retained on the site. The County's current regulations focus on the site being developed, not on the cumulative impact on other properties. Mr. Bill Grathwol cautioned designing drainage based on the 25-year storm in lieu of the 10-year storm since the cumulative impact would become greater with a discharge of a larger amount of water at a higher velocity downstream. He urged the Board to consider this factor before moving forward with a 25-year storm requirement. Chairman Greer asked if an engineering firm had been hired to study a particular water basin to determine how drainage should be developed? Assistant County Manager Weaver responded that proposals had been submitted and stated engineering firms should be responding by November 1, 1996. Further discussion was held on how the current drainage standards could be changed to better manage storm water runoff. Planning Director Hayes advised the Board should decide on how the current standards should be changed for new development to include volume and rate. Also, the Board must decide on how to handle the basins, which will require the County to become involved with implementation of a watershed drainage program. Establishment of a storm water utility would generate the necessary revenue to construct a drainage system. The monthly fee per house would be approximately $2.00 to $3.00 with a higher fee for commercial development depending on the amount of runoff from the property. Commissioner Sisson recommended reviewing the following items: (1) Pursue immediate alternatives for assisting residents who are being flooded with each rainfall. The County should continue to aggressively seek funding and assistance from the federal and state governments for removal of storm debris from creeks and branches under the State of Emergency proclamation. (2) The County must move forward with adopting interim measures and standards to address existing drainage concerns. (3) County Staff should review State standards to be sure these regulations are appropriate for New Hanover County. (4) Consider establishing a storm water utility to generate revenue to implement a drainage system. Mr. Bill Hart, a resident in the water business for 30 years, reported watersheds do not operate in New Hanover County as done in other parts of the State because of poor soils. He requested the Board to thoroughly study the hydrology of the creeks before moving forward with a plan. The County must be responsible for identifying areas for development and non-development through establishing basin water management districts. This will avoid development on lands that are at-risk. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1996 BOOK 25 PAGE 667 Mr. Lynn Jack, a resident of 104 Stonehead Court, asked if assistance could be received from FEMA to clean out the ditches and creeks in the Middle Sound area? Chairman Greer responded Staff was working with the Natural Resources Conservation Service to acquire funding to remove storm debris from the ditches and creeks. He emphasized the importance of everyone understanding that New Hanover County had received 16.5 inches of rain above the normal rainfall, which had contributed to the flooding problems. Mr. Paul Grimeshire, a research biologist with the N. C. Estuarine Research Reserve, reported this group was performing a small study of storm water retention in New Hanover County. He advised the Board that the first year's sampling had been completed on the effectiveness of retention ponds versus culvert and direct storm water runoff on estuarine nursery areas. Mr. Grimeshire offered to make a presentation to the Board once the final results are received. Chairman Greer expressed appreciation to Mr. Grimeshire for the offer and stated the Board would be interested in hearing a presentation on the results of the study. Mr. Dan Dawson expressed appreciation to the County for hiring the Dawson Engineering firm to respond to the County's recovery efforts after Hurricane Fran. He complimented the County for contacting the Natural Resources Conservation Service for assistance in debris removal from the creeks and branches, and he urged the Board to move forward with this process so flooding will not occur with each heavy rainfall. Chairman Greer requested the Assistant County Manager to coordinate the debris removal efforts with the Natural Resources Conservation Service and N. C. Department of Transportation hydrologist so that all parties involved would share information and be aware of the actions taken by each group. Commissioner Sisson commented on the options available for better management of drainage, and he emphasized the importance of reviewing all alternatives, including the natural swales in lieu of artificially engineered systems before deciding on one option. Chairman Greer expressed appreciation to Staff for an excellent presentation. Adoption of Resolution to Designate the NorthChase Homeowners Association as the Agent for New Hanover County in Removing Stor.m Related Drainage Obstructions Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt a resolution designating the NorthChase Homeowners Association as the agent for New Hanover County in removal of storm related drainage obstructions. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Barone Commissioner Caster ADJOURNMENT Chairman Greer adjourned the meeting at 4:00 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board