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