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1996-11-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 668 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Wednesday, November 6, 1996, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; William E. Sisson, Jr.; William A. Caster; 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. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Ms. Jackye Robbins, Pastor of Bethesda Christian Life 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: Discussion of Drainage Problems Being Experienced in Smith Creek Estates Ms. Rhonda Smith, a resident of Smith Creek Estates, presented pictures of flooding that had occurred because of heavy rainfalls, she urged the Commissioners to move forward with removing debris from the ditches and branches so Mr. Bill Grathwol could begin dredging Smith Creek. Emphasis was placed on the need to move as quickly as possible with the dredging project before construction of 120 new homes in this area. Chairman Greer advised that an agreement had been executed between New Hanover County and the Natural Resources Conservation Service for removing debris from creeks and branches. It was the County's understanding the work should begin within the next week. Assistant County Manager, Dave Weaver, advised the County was waiting to receive final acknowledgement that funding would be provided for the debris removal process. He reported Smith Creek was a top priority area, and he offered to provide the local telephone number of the Natural Resources Conservation Service to Ms. Smith so she could inquire as to when the debris removal process would begin. Discussion of Fire Proposal for 421 North Industrial Corridor City Manager, Mary Gornto, representing the Wilmington City Council, referenced the agenda item concerning fire protection for the 421 North Industrial Corridor and advised the Council would like to meet and discuss this issue with the Board of County Commissioners before creating a new County fire station. The City Council felt the following points should be considered: (1) The agenda information provided by County Staff to the Board of County Commissioners states this area is not currently being served with either direct or contractual fire protection. This is not the case because the City contracts with several entities located on the 421 North Industrial Corridor to provide fire protection, and the City has a mutual aid agreement and hazardous materials agreement with the County to provide fire protection as needed. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 669 (2) On several occasions during the past two years, the City has presented proposals to provide fire protection to the 421 North Industrial Corridor as requested by the County. Proposals have been presented by the City from a full time fire operation to services as needed. City Manager Gornto advised since the City was not aware of the fire proposal being placed on the agenda, there was not ample time to fully review the budget developed for the creation of a County fire department. However, it does appear the County's proposal will cost approximately $200,000 more in direct expenditures than the most extensive proposal previously offered to the County by the City. Also, the County's figures do not include the additional indirect cost that will be incurred with the creation of a new fire department with full-time employees, equipment, liabilities, etc. (3) The County has urged unification of City and County utility services. The Wilmington City Council feels that establishing a new fire department, which duplicates an existing City serVlce, is against the unification efforts. The City Council understands the County's desire to provide services as needed and, perhaps, understands the County's desire to control the delivery of those services. However, as demonstrated with the City and County agreement for sewer treatment at the Southside Wastewater Treatment Plant, the two governments have worked together to show the City can and does provide a service without controlling its delivery. Agreements can be developed to enable an existing provider to serve others without controlling the delivery of that service. The City Council believes it lS ln the community's best interest not to establish another redundant or dual activity. The Council is more than willing to discuss this matter with the Board of County Commissioners. A decision of this importance and significance with a long-term impact should not be rushed into by the Board. Chairman Greer expressed appreciation to City Manager Gornto for the presentation and asked if the Board would like to discuss this matter now or when the item is listed on the agenda. Commissioner Sisson recommended waiting until the agenda item was discussed. Commissioner Barone requested City Manager Gornto to stay until the item was discussed. City Manager Gornto responded she did not mind staying until the item was discussed; however, she was not in a position to discuss in detail the County's consideration of a new department or the City's previous proposals because the cost figures were developed in the past. She advised the City Council had requested her to express the Council's thoughts and had indicated their desire to discuss this matter with the Board of County Commissioners before a decision was rendered. APPROVAL OF CONSENT AGENDA Commissioner Barone requested removal of Consent Agenda Item 7-A for further discussion. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the items on the Consent Agenda as presented with removal of Consent Agenda Item 7-A. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 670 CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of October 21, 1996, as presented by the Clerk to the Board. Approval of 1997 Meetings Schedule for the New Hanover County Board of Commissioners The Commissioners approved the 1997 meetings schedule of the New Hanover County Board of Commissioners. Adoption of Proclamation Designating the Week of November 10-16, 1996 as Youth Appreciation Week in New Hanover County The Commissioners adopted a proclamation submitted by the Optimist Club of Cape Fear designating the week of November 10-16, 1996 as Youth Appreciation Week in New Hanover County. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 29. Adoption of Resolution Awarding RFP#97-0130 (Contract #97-0130) to David M. Griffith & Associates, Ltd. For the Collection of Child Support The Commissioners adopted a resolution awarding the RFP #97- 0130 to David M. Griffith & Associates, Ltd. for the collection of child support as recommended by the Board of Social Services. 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 29. A copy of the contract is on file in the Legal Department. Adoption of Resolutions Adding Roads to the State Highway System The Commissioners adopted resolutions adding the following roads to the State Highway System: South Branch Road and Buckeye Road Roads ln Old Cape Cod Subdivision/Tidewater Plantation Roads ln Silver Creek Subdivision Roads ln Santa Maria Subdivision Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 29. Ratification of Appointment to the Area Board of Southeastern Center For Mental Health, Developmental Disabilities & Substance Abuse Services The Commissioners ratified the appointment of Earl W. Wells to serve on the Area Board of the Southeastern Center ln the Developmental Disabilities Category. Approval of Budget Amendment #97-0061 - Non-Departmental Planning The Commissioners approved the following Budget Amendment: #97-0061 - Non-Departmental Planning Debit Credit Non-Departmental Contingencies $10,000 PlanninG Contracted Services $10,000 Purpose: To budget funds for the Cape Fear River Corridor Study. Funding was approved by the Board on September 16, 1996 . The remaining balance in the Contingencies account is $243,471. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 671 Approval of Budget Amendment #97-0066 - Health/Family Planning The Commissioners approved the following Budget Amendment: #97-0066 Health/Family Planning Debit Credit Health/Family PlanninG Title XIX $11,000 Departmental Supplies $11,000 Purpose: To budget additional revenue due to an increase in the Title XIX (Medicaid) reimbursement rates for the Family Planning clinic services effective July 1, 1996. The additional revenue will be budgeted to cover the increased cost of birth control medications. Approval of Budget Amendment #97-12 - Sheriff's Department The Commissioners approved the following Budget Amendment: Debit Credit Federal Forfeited Property Capital Prolect Federal Forfeited Property $14,170 Motor Vehicles $14,170 Purpose: To increase budget 10/15/96. Federal Forfeited received and must be used for Sheriff deems necessary. for additional revenue received Property funds are budgeted as law enforcement activities as the Approval of Budget Amendment #97-13 - Sheriff's Department The Commissioners approved the following Budget Amendment: Sheriff's Department Debit Credit Controlled Substance Tax Capital Prolect Controlled Substance Tax $548 Supplies $548 APPROVAL OF CONSENT AGENDA ITEM 7-A, BUDGET AMENDMENT #97-0059 - COOPERATIVE EXTENSION SERVICE Commissioner Barone requested an explanation of the County funding commitment for construction of a Reception Center at the Arboretum. County Manager O'Neal explained that action was taken by the Board approximately two years ago for the County and Arboretum Foundation to allocate funding for the construction of a Reception Center at the Arboretum. He advised a Budget Amendment was needed to rollover the prior funding commitment in the previous budget. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #97-0059 - County Commissioners Office/Cooperative Extension The Commissioners approved the following Budget Amendment: Debit Credit County Commissioners' Office Appropriated Fund Balance $40,000 Cooperative Extension Contribution to Outside Agencies $40,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 672 Purpose: To appropriate fund balance for a $40,000 contribution to the Arboretum Foundation for construction of a Reception Center. Funding in the amount of $15,000 was approved in FY 1994-95 and $25,000 in FY 1995-96 for construction of the Reception Center at the Arboretum. The funding will be appropriated in the FY96-97 budget. CONSIDERATION OF PAVING GORDON ACRES ROAD Assistant County Manager, Dave Weaver, presented the following funding scenarios for financing the paving of Gordon Acres Road as petitioned by the residents. He requested the Board to seriously consider whether the County should become involved in the road business, which will incur additional demands on the general fund and staff as well as set a precedent to allow other residents to request financial assistance with a road paving project. Also, if the Board decides to move forward with the Gordon Acres Road project, what percentage of property owners should be required to participate in the project and under what conditions should the assessment be paid back to the County before legal action is taken. FINANCING SCENARIOS: Assume: $89,371 engineering/construction cost for entire road. 2,400 linear feet of road *Lot with 100 linear feet road frontage = $1,862 assessment to be financed. Scenario: -8% interest -Add 10% administration cost = $1,862 x 110% = $2,048.20 -Finance over time *Annual assessment due for owner of lot with 100 feet road frontage: -$305.18 per year for ten years -$327.92 per year for nlne years -$356.39 per year for eight years -$393.46 per year for seven years -$443.03 per year for SlX years -$513.07 per year for five years *Actual amount assessed per lot owner may vary depending on actual construction cost and deed research specifying actual road frontages. Discussion was held on establishing the percentage of participation by the residents and the number of years for repayment. Ms. Barbara Cloyne, representing the residents of Gordon Acres Drive, advised that 21 families out of 26 had signed notarized papers. Discussion was held on the cost involved to the County Staff with implementation of this project. Assistant County Manager Weaver responded that a 10% administrative fee had been included in the request; however, the County could become involved in the road construction business which would require the creation of a new department. County Manager 0' Neal, again, reminded the Board that a precedent would be set by approving the road paving project. Motion: After further discussion, Commissioner Caster moved, seconded by Commissioner Sisson to approve the paving project with a 75% participation rate, 8% interest rate and 10% administrative fee for repayment over a period of ten years. A lengthy discussion was held participation by the property owners. on the percentage The County Attorney was of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 673 requested to explain the General Statutes governlng the percentage rate. County Attorney Copley informed the Board that under NCGS153A- 205 the County may finance all or a portion of the cost of improvements to a subdivision or residential street contingent upon receiving a petition for the improvements signed by at least 75% of the owners of property to be assessed, who must represent at least 75% of all the lineal feet of frontage of lands abutting on the street to be improved. Substitute Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to approve the Gordon Acres Drive road paving project with a required 80% participation of lineal feet road frontage, an 8% interest rate, and a 10% administrative fee for repayment over a period of ten years. Upon vote, the SUBSTITUTE MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF PROPOSAL FOR PROVISION OF FIRE PROTECTION SERVICES IN THE 421 INDUSTRIAL CORRIDOR Commissioner Sisson reported the proposal presented by the New Hanover County Fire Commission had been reviewed by three consultants, debated, and re-examined before being presented to the Board of County Commissioners. Currently, the 421 North area is not provided fire service under a contractual agreement. The City contracts with individual industries to provide fire protection with one contract established on a per call basis. The County does contract with the City for hazardous materials response, and the proposal being presented does not change this agreement. The mutual aid agreement between the City and County Volunteer Fire Departments would continue under the County's proposal. The proposed fire service would incorporate paid personnel with volunteer personnel as an integral part of the new fire department's operation. The creation of the department in this area will provide a permanent presence with the capacity to provide the necessary strategic planning to avoid the loss of lives when firefighters respond to calls. Also, unique training opportunities will be provided to the volunteer fire personnel. In closing, the proposals presented by the City during the past year were too expensive. County funds will go directly into City coffers with no benefit other than a presence on Highway 421 North. Attempts on various proposals were made, but there was no response from the City. Commissioner Sisson requested the Fire Service Administrator, Phil Kouwe, to comment on the proposal and budget expenditures. Fire Services Administrator Kouwe reported the comments presented in the opening statement of the proposal were not intended to indicate that the Wilmington Fire Department was not responding to calls when needed. The statement simply noted there was no contractual agreement in place to obligate the City to respond. He reported when being hired by the County in June, the County Manager assigned him the task of reviewing existing consultant studies to develop a plan of fire protection for the 421 North Industrial Corridor. After reading the City's 1994 proposal, he compared this document with the proposal being presented today. The figures indicated a savings of $950,000 over a period of five years because volunteer personnel would be utilized as an integral part of the plan. The combination of career and volunteer personnel have become a popular way to provide fire service to suburban communi ties. The County's proposal will create a fire station in the area manned with a crew of five personnel 24 hours a day with an engine company, a tanker company, and wild land fire unit to handle other types of calls such as small spills and small hazardous waste incidents. The plan quite simply utilizes career, part-time and volunteer personnel in providing the service. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 674 Discussion was held on the immediate costs of the proposal and the future impact of this system on the fire district tax. Fire Services Administrator Kouwe responded that money had accumulated in the fire district fund balance for the past several years; therefore, funding was available for the start-up costs of the plan. With the continuing demand for fire service, the $2.5 cent tax rate will have to be increased. Chairman Greer requested an explanation of the projected savings of $950,000 over a period of five years in comparison to the proposal being presented by the City at a savings of $200,000. Fire Services Administrator Kouwe reported after reviewing the 1994 proposal presented by the City outlining a five-year cost projection, he selected the final cost figure of the least expensive option. Under this option the County was required to be responsible for the provision of the building, maintenance of the building, and insurance; therefore, these costs were added to the City's final cost plus a 5% inflation rate for two years since the proposal was prepared in 1994. Commissioner Sisson commented on hearing about a lack of manpower in the Wilmington Fire Department and stated with the City providing additional coverage to the 421 North Industrial Corridor and proposed annexed areas, additional fire personnel would have to be hired. When comparing the proposals, the County must consider this increased salary expenditure in the City's proposal before rendering a decision. Also, the Wilmington Fire Department has not been overly receptive to utilization of volunteer fire personnel, which is another issue that should be considered before selecting a proposal. The County's proposal would mutually benefit the volunteer personnel as well as the industries located on the 421 North Industrial Corridor. vice-Chairman Mathews noted that discussion and study had been held for the past four years on the type of fire protection that should be provided to the 421 North Industrial Corridor. He stated every consultant hired during this time had recommended the provision of a higher level of fire service to this area because of the potential for a catastrophic hazardous waste incident. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the proposal as presented by the Fire Services Administrator and recommended by the Board of Fire Commissioners. City Councilman Harper Peterson commented on the spirit of cooperation among the Council Members and requested the Commissioners and Staff to explore some cooperative efforts. He advised the proposal referenced in 1994 was only a draft and was never reviewed by the Wilmington City Council. He requested the Board to defer action on the proposal until the Board of County Commissioners and City Council could meet to discuss this issue. Mr. Michial Rhodes, Chief of the Wrightsboro Volunteer Fire Department (WVFD) , reported the WVFD had provided service to 421 North for the last four years. He advised there was another alternative provided by the State which was presented to the Fire Commission with no consideration given to the proposal. The State allows an existing fire department to place a substation in an adjoining area contingent upon the roster having adequate manpower and the required firefighting equipment. The WVFD could implement this plan for $125,000 per year by leasing the Hoescht-Celanese building and placing two new pieces of fire equipment in the building. During the past four years, approximately 50 calls have been received per year with 30 of those calls being nuisance calls. He requested the Board to consider the plan provided by the State before implementing a plan that would place New Hanover County in a paid fire service, which would not be fair to the Volunteer Fire Departments who have provided fire protection to the County for years. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 675 Commissioner Barone requested an explanation as to how the substation would work under the State plan? Chief Rhodes advised the Volunteer Fire Department would respond on a volunteer basis with no manpower on the site. The Hoescht-Celanese building would be leased to house two pieces of fire equipment. No building renovations would be needed because no personnel would be staying overnight. He advised the major problem in providing fire service to this area was a lack of water. The Wilmington Fire Department is not equipped to haul water because the City's tanker trucks carry only 500 gallons of water without a water shuffle in place. The Wrightsboro Volunteer Fire Department hauls water to a fire at a rate of 250 gallons per minute because the Volunteer Fire Departments have tankers that carry 1,000 to 1,500 gallons of water. In closing, Chief Rhodes requested an opportunity to discuss the State alternative with members of the Fire Commission and members of the Board of County Commissioners before a decision was rendered on a fire coverage proposal. Commissioner Sisson expressed appreciation to Chief Rhodes for the comments, and he advised this alternative had been discussed numerous times by the Fire Commission with the feeling that a fire substation would not be capable of providing the level of fire service needed to protect this area. Chairman Greer expressed appreciation to Commissioner Sisson for the work given to upgrade the fire service during the past years. He commented on the cooperative effort made by the City and recommended discussing this issue with the Council Members before deciding on any proposal. Commissioner Sisson strongly obj ected to a proposal being presented by the City at the last minute after the many meetings and discussions held during the consolidation study. He expressed concern for the lack of cooperation by the City in reaching a final agreement, and he cautioned not moving forward with a plan of fire protection to the North Wilmington area. Commissioner Barone reported during the past two years the Board has been reluctant to create a new department because of economic reasons, such as the cost involved with payment of benefits for new employees. She recommended establishing a fire substation for an interim period of time until the Commissioners had time to meet with the City and thoroughly discuss the proposal being offered. Substitute Motion: Commissioner Barone made a SUBSTITUTE MOTION to establish a fire substation on the 421 Industrial Corridor for an interim period of time through utilization of the Wrightsboro Fire Department, and to meet with the City Council to thoroughly discuss the possibility of contracting fire protection for this area from the Wilmington Fire Department. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. Commissioner Caster expressed concern for the increase that would occur in the fire district tax and asked if the County was prepared to move forward with additional taxes for persons living in the unincorporated county. Deputy County Manager, Andrew J. Atkinson ,responded the Fire District had a significant fund balance that would cover expenditures for one year. The equipment would be financed over a period of five to seven years so there would be no negative impact on future budgets. Mr. Wilbur Davis, Chief of the Myrtle Grove Volunteer Fire Department, reported many of the volunteer fire departments had worked diligently during the past four years to upgrade the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 676 volunteer fire service. He advised the proposal prepared and presented by Mr. Kouwe was an excellent plan that would serve as a model for fire service in New Hanover County. In closing, Chief Davis, commented on the cooperative effort made by the City Council and expressed concern for the Wilmington Fire Department prohibiting its personnel from volunteering to work in the Volunteer Fire Departments. He stated before any joint effort could be accomplished, the first step would be for the Wilmington Fire Department to develop a cooperative relationship among the Volunteer Fire Departments. Commissioner Caster, again reiterated the potential for an increase in the fire district tax and stated if a cooperative agreement can be reached with the City, the County should pursue this avenue. County Manager O'Neal reported a combination of career and volunteer personnel would enhance the fire service and reduce the cost of insurance to industries along the corridor. Substitute Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to table a decision on the County's proposal until the second meeting in November to allow Commissioner Sisson to meet with Councilman Harper Peterson to discuss the City's offer. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called a break from 7:58 P.M. until 8:20 P.M. CONSIDERATION OF CONVEYANCE AND TRANSFER OF NEW HANOVER COUNTY'S INTEREST IN NEW HANOVER REGIONAL MEDICAL CENTER TO A NON-PROFIT CORPORATION Mr. Luther Brown, representing the New Hanover Regional Medical Center, expressed appreciation to the Board of County Commissioners for the time taken to understand the proposed change. He advised the Trustees of the Medical Center were often asked to make decisions that were in the best interest of the community. After a complete study of this issue, the Trustees concluded that the proposed change from a public hospital to a Community General Hospital was in the best interest of the community and the patients served by the Medical Center. It is felt the change is needed now in order for the hospital to grow with the community and maintain its excellence in a very complex and changing industry. The Commissioners were respectfully requested to approve the change. Motion: Vice-Chairman Mathews commented on the numerous times he had gone on record requesting postponement of action on this change until the new Board was sworn into office, and he MOVED, SECONDED by Commissioner Sisson to defer further study of the New Hanover Regional Medical Center conveyance until after the new County Commissioners were sworn into office on December 2, 1996. Commissioner Caster strongly objected to the motion and stated the Board of Trustees had spent months studying the proposed change to be sure the hospital should be conveyed to a Community General Hospital. He advised without this change, the hospital would not be able to remain competitive and continue to provide quality medical care to the community. Concern was expressed for postponing this action and the time that would be involved with informing the new Board about the issue. He urged the Board to adopt the resolution of conveyance and allow the hospital to make the change. Vice-Chairman Mathews disagreed with the time needed for the new members of the Board to study this issue because of the amount of information that has been distributed and published about the proposed change. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 677 Commissioner Sisson reported the people in the community do not understand the reason for the change. He stated until the community is behind the change, more information should be provided to the citizens. Chairman Greer reported some of Board members feel the conveyance lS an excellent idea; however, he does not feel the community has been convinced that the change should occur; therefore, deferring action may be a wise decision. Commissioner Sisson requested an explanation of the items of negotiation regarding the removal of Trustees and providing protection to public entities, such as the Southeastern Center. Mr. Dumay Gorham, the Attorney representing the Medical Center, reported after meeting with the Board on October 21, 1996, he was directed to re-draft the documents to reflect the items of negotiation. The documents were changed and forwarded to the County Attorney. The Board of County Commissioners held a Work Session to discuss the items of negotiation, and after the Work Session he met with the County Attorney to discuss any issues of concern. Mr. Gorham advised that after meeting with the County Attorney he had difficulty in interpreting the desires and concerns of the Board of County Commissioners. Commissioner Sisson expressed concern for treating the Board of Trustees differently from other committees or boards appointed by the Commissioners. Attorney Gorham responded the Board of Trustees was not like other boards or committees appointed by the Commissioners. The Trustees devote numerous hours to serve as members, and for 30 years this Board has operated under By-laws that prohibit the removal of a Trustee without cause. The other boards appointed by the Commissioners are advisory boards and do not operate a non- profit corporation. However, the purpose of the conveyance is to change the status of the hospital from a public entity to a Community General Hospital that will operate as a private non- profit corporation. The hospital would not be a public body and it would be unreasonable to insist that appointment powers and removal provisions should be identical to the public bodies appointed by the Board of County Commissioners. Chairman Greer called for a vote on the MOTION to defer a decision until the newly elected Commissioners are sworn into office. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Caster Chairman Greer expressed appreciation to the Trustees and Administrative Staff for the work and effort given to work through this process and stated he felt the new Board of County Commissioners would move forward with making a decision. WITHDRAWAL OF PRESENTATION BY THE AIRLIE ROAD AND WRIGHTSVILLE SOUND ASSOCIATION County Manager 0' Neal reported during the break, Mr. Tony Harris, had requested withdrawal of this item until January 6, 1997. Consensus: It was the consensus of the Board for this item to be withdrawn and placed on the agenda for January 6, 1997. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 678 APPROVAL OF ADDITIONS TO THE NEW HANOVER COUNTY CODE CHAPTER 3 (ANIMALS AND FOWL) AND ADOPTION OF THE TWO NEW FEES ASSOCIATED WITH DANGEROUS DOG APPEALS AND CATS/DOGS BREEDERS PERMIT Chairman Greer advised this was the second reading of an ordinance presented on October 21, 1996, that received a four to one vote by the Board. He requested a motion for adoption of the revisions as presented at the last meeting. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the ordinance revising and adding the following sections to the Animals and Fowl Ordinance: Section 3-17: Revisions reducing the holding period of strays from five business days to three business days as required by North Carolina Law. Section 3-27: Revision requlrlng dog owners "Appellant" Fee: if a decision is made to dangerous/potentially dangerous dog ruling. to pay appeal an a Add a section to require pet owners to secure a breeding permit. Approval of fees associated with reV1Slons. Commissioner Barone expressed concern for reducing the holding period of animals from five to three days because an animal could escape when a neighbor was keeping a pet for another neighbor on vacation. She asked if she could make a substitute motion to remove that one portion of the proposed reV1Slons. County Attorney Copley advised this would be a major change ln the ordinance revisions; therefore, the change proposed by Commissioner Barone would require a first reading. Commissioner Barone requested the Commissioners to approve her proposed change and consider this as the first reading of the amended ordinance. Chairman Greer disagreed with the proposed change and called for a vote on the MOTION to accept the revisions as presented on the second reading. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone A copy of the ordinance lS hereby incorporated as a part of the minutes and is contained ln Exhibit Book XXIII, Page 29. The revisions will be codified in the New Hanover County Code. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR THE ESTABLISHMENT AN IN-HOME CHILD DAY CARE SERVICE AT 310 WINDEMERE ROAD (S-399, 10/96) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn In: Dexter Hayes Susan Humphrey Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the petition as NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 679 submitted. There was no opposition from the general public at the meeting and the Board did not raise any substantive concerns with the applicant's proposal. Si te plans were presented on the addition to the existing structure. Planning Director Hayes presented the following Staff findings: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based on the following findings: (1) The site is currently served by community water and County sewer. (2) The site has direct access to a public street. (3) The site is located ln the Seagate VFD District. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based on the following findings: (1) Child day care is permitted by Special Use Permit ln the R-15 District. The site is zoned R-15. (2) A fenced play area will be located to the rear of the existing dwelling. (3) No outside slgnage lS proposed. (4) Adequate area is available to provide for off-street parking. (5) pick-ups and drop-offs can be made without backing into the street. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based on the following findings: (1) The County has approved numerous in-home child day care services in neighborhoods throughout the County, including Windemere. No evidence has been submitted suggesting that these uses diminish property values. (2) The character of the area should remain the same. General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based on the following findings: (1) A combination family room/child day care room will be added to the rear of the existing house. It will not be visible from the street. (2) The number of children will be limited to 12. Chairman Greer asked Ms. Humphrey if she concurred with the Staff findings as read and presented by the Planning Director. Ms. Humphrey agreed with the findings as presented. Chairman Greer inquired as to whether anyone from the public would like to comment. No other comments were received. Chairman Greer closed the Public Hearing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 680 Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to grant the Special Use Permit to Ms. Susan Humphrey for establishment of an in-home child day care at 310 Windemere Road based upon the evidence presented and the findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 18. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ESTABLISH AN IN-HOME CHILD DAY CARE SERVICE AT 117 RAY DRIVE (S- 400,10/96) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn: Dexter Hayes Carolyn Freeman Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the applicant's petition noting the requirement that the driveway must be improved to accommodate turn-arounds to avoid backing into the street and onto the applicant's lawn. One adjoining property owner appeared before the Planning Board to speak in favor of the application. No one spoke in opposition. Planning Director Hayes presented the following Staff findings: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based on the following findings: (1) The site is currently served by community water and a septic tank. (2) The site has direct access to a public street. (3) The site is located ln the Winter Park VFD District. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based on the following findings: (1) Child day care is permitted by Special Use Permit ln the R-10 District. The site lS zoned R-10. (2) A fenced play area lS located to the rear of the existing dwelling. (3) No outside slgnage lS proposed. (4) Adequate area is available to provide for off-street parking. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 681 (5) pick-ups and drop-offs can be made without backing into the street. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based on the following findings: (1) The County has approved numerous in-home child day services in neighborhoods throughout the County, including Churchill Estates. (2) The character of the residence should remaln the same. General Requirement #4: The Board must find that the location and character of the use if submitted and approved will is to be located and in development for New Hanover developed according to the plan as be in harmony with the area in which it general conformity with the plan of County based on the following findings: (1) No external physical alterations to the house are needed to accommodate the proposed use. (2) The number of children will be limited to eight (8). Chairman Greer asked Ms. Freeman if she concurred with the Staff findings as read and presented by the Planning Director. Ms. Freeman agreed with the findings as presented and stated she would comply to the driveway conditions. Chairman Greer inquired as to whether anyone from the public would like to comment. No other remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to grant a Special Use Permit to Ms. Carolyn Freeman to establish an in-home child day care service for up to 9 children in an existing resident at 117 Ray Drive contingent upon the petitioner complying to the driveway conditions and based upon the evidence presented and findings of fact concluding that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 18. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A 130 FOOT TALL MONOPOLE TELECOMMUNICATIONS TOWER AND ASSOCIATED EQUIPMENT ON A 40 FOOT BY 60 FOOT TRACT AT THE SOUTHEAST CORNER OF PARK AVENUE AND HINTON AVENUE ADJACENT TO HUGHES AUTO SERVICE (S-401, 10/96) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn: Dexter Hayes Jerry Eatman Anne Squire NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 682 Graham Herring Sharon B. Lupton Paige o. Eldrod Planning Director, Dexter Hayes, reported the Planning Board voted five (5) to one (1) to recommend approval of the application with the added conditions that the tower be engineered to accommodate collocation and a large oak tree at the northeast corner be saved. One member of the Planning Board commented on not being against the location of communication towers and expressed opposi tion to the seemingly haphazard way in which competing vendors located sites for their use. Other members felt a greater effort should be made by the vendors to collocate the uses to avoid a proliferation of towers throughout the County. There was no opposition from adjoining property owners. Planning Director Hayes presented the following Staff findings: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based on the following Staff findings: (1) The proposed facility and support building will not need water and sewer services. (2) The planned use will generate an insignificant amount of traffic. (3) The site will be accessed by a 30 foot easement connecting to Park Avenue. (4) The site is located ln the Seagate VFD District. (5) Though electromagnetic waves are emitted, there is no conclusive scientific evidence that the waves cause medical problems. (6) The structure is designed to bend ln extremely strong winds and not tip over from its base. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. (1) Cellular and related telecommunications towers are permitted by Special Use Permit in the B-2 Highway Business district. The site is zoned B-2 Business. (2) The planned use complies with the requirements of the B-2 District. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. (1) The tower will be located on a 40 by 60 foot parcel leased from Hughes Auto Service. (2) The property is zoned B-2 and is located in close proximity to the strip commercial development associated with Oleander Drive. (3) The planned use will not generate any smoke, nOlse, dust, alr borne debris or related impacts. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 683 General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. (1) There is a wide range of uses in general commercial uses, mobile mini-storage, and a small office are located along Park Avenue. the area. They include: home sales, au to repair, park. Residential uses (2) The site is located in close proximity to 80 foot towers supporting a main electric transmission line. Chairman Greer asked if anyone from the public would like to comment. Mr. Jerry Eatman, representing Telespectrum, Inc. advised he did concur with the findings as presented and stated all requirements had been met. He requested the Board to approve the Special Use Permit. Mr. George J. Adams, a resident of 5615 Park Avenue, reported he had lived in the County since 1956 and stated he did not receive public notice about the location of the tower near his property. He expressed concern for the negative impact of a tower because of its height and asked if interference would be experienced with television and telephone reception. Mr. Eatman responded there would be no interference problems from the tower on telephone and television reception because cellular service operates on a different frequency ban. Also, the height of the tower meets the applicable setbacks as required in the Zoning Ordinance and a tower has never fallen due to high wind speeds. Each tower is designed to meet engineering standards based on the highest sustained winds occurring in a geographic area over the last 100 years. Mr. Eatman commented on the demand for service and presented a map reflecting the existing and proposed sites throughout the County. Currently, there is poor coverage in this area, and the location of the tower on this proposed site would increase the capacity of the system as well as enhance service in surrounding areas. Commissioner Barone commented on removing the trees from the site and asked if the 18 inch oak tree could be saved? Mr. Eatman responded in order to maintain the appropriate size of the compound and save the larger trees in front, it would not be possible to save the 18 inch oak tree in the back of the site. Commissioner Barone advised she did not understand why this tree could not be saved and stated with the loss of trees from Hurricane Fran she felt the tree should be saved. After further discussion, Mr. Eatman agreed to reVlew the space needed for maintenance requirements to see if the 18 inch oak tree could be saved. Chairman Greer inquired as to why the property owners were not notified. Planning Director Hayes responded that notification had to be given to adjacent contiguous property owners; however, the Adams residence was located across the street and for some reason another name was listed as the owner of the property. He apologized to Mr. Adams for not receiving notification and noted this error could have occurred in the Tax Listing Department or Planning Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 684 Commissioner extend the radius property owners locations. Sisson requested Planning Director Hayes to of where the tower could fall and notify all ln that area when presenting future tower Planning Director Hayes responded he would be glad to extend the radius and notify the property owners. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to grant the Special Use Permit to Telespectrum, Inc. for location of a telecommunications tower at the southeast corner of Hinton Avenue and Park Avenue contingent upon a review of the maintenance area to see if the 18 inch oak can be saved based upon the evidence presented and findings of fact concluding the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 18. BREAK Chairman Greer called a break from 9:35 P.M. until 9:50 P.M. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 9: 51 P.M. until 10:06 P.M. to hold a meeting of the Water and Sewer District. REQUEST FOR NEW HANOVER COUNTY TO BECOME A JOINT APPLICANT ON THE CAMA MINOR DEVELOPMENT PERMIT FOR RESTORATION OF SAND DUNES AT THE NORTHERN END OF SHELL ISLAND Mr. Ken Shanklin, the Attorney representing the Shell Island Resort Homeowners Association, reported the Coastal Resources Commission rejected the last sandbag variance application filed by New Hanover County and the Town of Wrightsville Beach on September 27, 1996. Since that date, the Shell Island Homeowners Association has continued with its efforts to resolve the short-term problem of the rapid erosion of Mason's Inlet. The Association will restore the dunes to provide protection to Shell Island from erosion that occurs during winter storms. The sand must be beach quality sand and trucked in to meet the required grade. Although this measure will not save the Shell Island Resort in the long-term, it is an environmentally friendly measure to slow down the migration of the long-term dredging solution. He advised that due to Hurricane Fran, there was the possibility of a collaborative effort with the Figure Eight Island Homeowners Association to assist with the long- term dredging project by next spring. If this effort occurs, the sandbag project will not be needed. A meeting has been scheduled with Bill Raney, the Attorney representing Figure Eight Island, to review this joint effort. He advised the Commissioners would be informed of any action resulting from this meeting. Attorney Shanklin requested the Board to authorize the County to become a joint applicant with the Town of Wrightsville Beach and the Shell Island Resort Association on the CAMA Minor Development Permit for the restoration of the sand dunes at the north end of Shell Island immediately adjacent to the southern mean high water tank of Mason's Inlet. The sand dune restoration area will lie within the parameter of the Hutaff easement that has been condemned by the County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 685 Discussion was held on how the sand would be acquired. Assistant County Manager, Dave Weaver, responded a company had been contacted that had the capability of providing the quality of sand needed. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to become a joint applicant on the CAMA Minor Development Permit for the restoration of the sand dunes at the north end of Shell Island as proposed by Attorney Shanklin. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY MANAGER Adoption of Revised Resolution to Establish a Committee to Develop a Specific Plan to Unite the City and County Water and Sewer Services County Manager O'Neal requested adoption of a revised resolution for establishment of a Committee to develop a specific plan to unite all City and County water and sewer services with an interim report on or before May 1, 1997, and the said structure being instituted on or before December 1, 1997. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to adopt the revised resolution as presented. 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 29. Consideration of Additional Funding for the Wrightsboro Elementary School Project County Manager O'Neal advised the Board of Education and Dr. Martin had requested additional funding in the amount of $410,553 for the Wrightsboro Elementary School project. After a review of the request, he would recommend removal of these funds from the School System's fund balance, which would not negatively impact the financial health of the schools. Motion: Commissioner to request the Board for the Wrightsboro System's fund balance. Barone MOVED, SECONDED by Commissioner Caster of Education to fund the $401,553 requested Elementary School proj ect from the School Upon vote, the MOTION CARRIED UNANIMOUSLY. Consideration of Placing Ads in Newspapers Expressing Appreciation to the Citizens of New Hanover County and North Carolina for Assistance Given to the Recovery Efforts After Hurricane Fran County Manager O'Neal advised two letters had been prepared to the citizens of New Hanover County and the citizens of North Carolina expressing appreciation for the assistance given to the County during its recovery efforts after Hurricane Fran. Each letter would be signed individually by each Commissioner and one letter would be published in the Star-News Newspaper with the other letter being published in News & Observer, the Charlotte Observer, the Winston-Salem Journal, the Greensboro Daily News and the Asheville Times. Discussion was varlOUS newspapers. $5,000 and stated necessary. held on the cost of placing the ads in the County Manager O'Neal responded approximately the number of papers could be reduced if Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve up to $5,000 in funding for publication of the ads in the newspapers as recommended by the County Manager. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 686 Chairman Greer Voting Nay: Commissioner Caster Announcement of Ribbon Cutting Ceremony for Castle HaYne Park County Manager O'Neal announced the Ribbon Cutting Ceremony for dedication of the Castle Hayne Park would be held on Tuesday, November 26, 1996, at 3:00 P.M. Authorization for Staff to Proceed with Purchasing Additional Acreage for Park Land Located Off Carolina Beach Road County Manager 0' Neal reported on an opportunity for the County to purchase 30 additional acres of park land off Carolina Beach Road. He requested direction from the Board. Motion: After discussion, Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to authorize Staff to proceed with negotiating the purchase of 30 additional acres of the land under negotiation for purchase of property off Carolina Beach Road. The motion further mandates the Board of Education to cooperate with the County in developing all phases of the property, including the development and construction of schools, athletic fields, and all other community facilities. The property is mandated to be developed as a community campus for the benefit of all citizens, not for the exclusive use by the Board of Education. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of Drainage Regulations Commissioner Sisson reported some residents living on a street in the Stoneybrook Subdivision had severe drainage problems as a result of heavy rainfall from Hurricane Fran. A majority of the problem was due to the opening of a new subdivision with water overflowing into Stoneybrook. After contacting the State about the problem, the local Department of Transportation (DOT) tried to clean debris from the ditch. When opening the ditch, DOT recognized this was a partial solution to the problem and agreed to construct a catchment basin to receive the outflow from the new development to avoid future flooding on the road. In order to perform the project, DOT informed the residents that State funding was not available to purchase 60 feet of 15-inch drainage pipe. Commissioner Sisson requested the Board to consider purchasing the pipe since this was a unique opportunity for DOT to perform the work with an investment of only $500 by the County to provide a permanent solution to the drainage problems in this area. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to purchase 60 feet of 15-inch pipe at $12 to $15 per foot with the cost not to exceed $500. Commissioner Barone commented on setting a precedent and asked if this type of request could occur in other subdivisions? Commissioner Sisson responded this question could not be answered; however, this was a particular situation and the State has assisted with cleaning ditches on Airlie Road. Chairman Greer called for a vote on the motion. the MOTION CARRIED UNANIMOUSLY. Upon vote, Human Relations Commission to Participate with the School System in Developing Programs to Break Down Barriers Between Minority and Non-Minority Students Commissioner Sisson advised the Human Relations Commission voted to request the Board of Education to allow the Commission to participate with the schools in developing a program to assist students moving from the middle schools to high schools to beak down barriers between minority and non-minority students. Currently, problems do exist, and the Human Relations Commission feels with its expertise, Staff can train teachers to deal with certain types of issues as well as teach students to mediate NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 687 problems. It is hoped these problems can be resolved at the middle school level before entering high school. Discussion of Convention and Visitors Bureau By-Laws Commissioner Barone, a member of the Convention and Visitors Bureau Board of Directors, reported the CVB Board had discussed some housekeeping changes in the By-Laws that must be approved by the Wilmington City Council and the Board of County Commissioners. One proposed change was to require the Governing Body office to forward all applications to the CVB Board for review with the members of the CVB Board making recommendations to the Commissioners for filling vacancies. She advised she would not be supportive of this change, but felt the Commissioners should be informed about this item since it would be placed on the November 18, 1996, agenda. Comments on Firemen's Day at the Park Commissioner Caster advised he and Commissioner Barone attended "Firemen's Day at the Park" and stated the event was most enjoyable. He noted that Fire Services Administrator, Phil Kouwe, had an excellent voice and participated in the entertainment, which was enjoyed by all. Discussion of Debris Collection on Masonboro Loop Road Commissioner Caster requested an update on the illegal debris site on Masonboro Loop Road. County Manager O'Neal responded an unofficial debris site was designated on Masonboro Loop Road. After dealing with this issue during the past week, he advised the debris should be removed tomorrow. Signs will be posted by the Sheriff's Department informing the public that dumping on the site is illegal and fines will be imposed for violators. No one knows why this site was selected. Every effort has been made to work with the Corps of Engineers in resolving this problem. Discussion of Filling the Vacancy on the Hospital Board of Trustees Commissioner Caster recommended filling the current vacancy on the Board of Trustees because of the need to train a new member since the hospital conveyance issue had been postponed. He requested direction from the Board. Consensus: Commissioner Trus tees and agenda. It was the consensus of the Board to authorize Caster to discuss this issue with the Board of decide if this item should be placed on the next Presentation of Drainage Standards by Commissioner Sisson Commissioner Sisson presented the following recommendations for better management of drainage in New Hanover County, and he requested the Board to review the information and be prepared to discuss this matter as an agenda item on November 18, 1996. (1) Require bonding of required improvements before final plat approval. This will prevent the issuing of Certificates of Occupancy for the living units in the subdivision until all improvements are completed. (2) Place a three-year requirement on approval of a preliminary plat plan. This will prevent the drainage plans for a particular project and its impact on the cumulative load for its drainage area from being overtaken and rendered inadequate by surrounding development. (3) Require drainage plans to address the quantity, quality, rate of flow and cumulative impact of individual projects by: a. Requiring all new projects to meet design standards for dealing with stormwater runoff at the 25-year storm standard. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1996 BOOK 25 PAGE 688 b. Limit the rate of flow from the project based upon two, five, and ten-year storms to the rates of flow that would have occurred from each of these events at the ultimate discharge point prior to development. This will keep the flow rates down and will address the cumulative impact question. (4) Encourage design flexibility by not requiring highly engineered systems, but by encouraging the use of natural landform and green belts to handle runoff such as swales. (5) Require either the developer or responsible party to be responsible for conducting semi-annual inspections of the stormwater system by a certified individual and be financially responsible for maintaining the system. (6) Eliminate the use of rolled curbing and requlre the use of roadside swales. (7) Give open space credit for the areas devoted to stormwater management. (8) Require management of the water on-site while conforming to the criteria for flow-rate discharge. If the County develops a county-wide system at some point in the future then this requirement can be changed. ADJOURNMENT Chairman Greer adjourned the meeting at 11:45 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board