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