2000-06-19 Regular Meeting
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 1
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, June
19, 2000, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, North Carolina.
Members present were: Chairman William A. Caster, presiding; Vice-Chairman Robert G.
Greer; Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr; Commissioner Charles R.
Howell; and County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the
Board, Lucie F. Harrell.
Chairman Caster called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Deputy County Manager, Andrew J. Atkinson, gave the invocation.
Commissioner Birzenieks led the audience in the Pledge of Allegiance.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow the public to present an item
that was 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.
Chairman Caster announced that Regular Agenda Item 8 had been removed from the agenda.
Concern for Denial of Funding to Planned Parenthood Teachers and Quality Care Programs
Ms. Kathryn Salwitz, a concerned resident of New Hanover County, spoke on being outraged
that the Commissioners denied funding for two outside agency programs, Parents As Teachers and
Quality Care, which would directly benefit New Hanover County’s children. Denying funding to a
program which teaches people to be caring, loving, compassionate, educators, and parents for their
children is an anti-family position. All parents want to be good parents, but some are more prepared
than others. The Parents As Teachers program works to build parenting skills in response to
individuals who recognize they need help and want to learn to be better parents. It is inappropriate
for the Commissioners to respond to an ideology of a particular vocal minority and inject this group’s
extreme religious beliefs into public budget decisions.
APPROVAL OF CONSENT AGENDA
Chairman Caster requested the Board to approve the one-free day for the Arboretum to hold
the “How Does Your Garden Grow” show on February 3, 2001 as part of the Consent Agenda.
Chairman Caster called for a motion to approve the Consent Agenda.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve
the items on the Consent Agenda as presented including approval of one-free day at the Coast Line
Convention Center for the “How Does Your Garden Grow” show as requested by the Arboretum.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved minutes of the Budget Work Session held on May 25, 2000,
as presented by the Clerk to the Board.
Award of Contract #00-0349 to T. A. Woods, Inc. for Renovation of the HVAC System at the
Department of Aging Senior Center
The Commissioners awarded Contract #00-0349 to T. A. Woods, Inc., the lowest responsible
bidder, in the amount of $166,090 for renovation of the HVAC system at the Department of Aging
Senior Center. The Chairman was authorized to execute the necessary contract documents.
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A copy of the contract is on file in the Legal Department.
Approval of Budget Amendment #00-0207 to Appropriate Funding to Complete Permanent
Transfer Switch Project - Emergency Management Department
The Commissioners approved the following budget amendment in the amount of $11,000 to
transfer previously approved funding into the contingency funds to complete the permanent transfer
switch project for the Emergency Management Department. The funds will be used to purchase wire,
wire connectors, wire management equipment, wire testing equipment, and a trailer to transport this
equipment to and from the emergency shelters.
Budget Amendment #00-0207 - Non-Departmental/Contingencies/Emergency Management
AdjustmentDebitCredit
Non-Departmental:
Contingencies $11,000
Emergency Management:
Capital Outlay - Equipment$6,000
Departmental Supplies$5,000
Adoption of Proposed Solid Waste Disposal Fee Schedule for FY 2000-2001
The Commissioners approved increasing the tipping fee from $28 per ton to $32 per ton
effective July 1, 2000. This increase will help to off-set capital projects and purchases, primarily at
the landfill. Capital projects include the construction of a new cell and partial closure of several old
cells that have reached capacity, a new trash compactor, and front-end loader.
Generally the increase is approximately 15%, the same as the Municipal Solid Waste (MSW)
increase. Changes include no special rate for wood waste as it is placed in the lined landfill, increases
in concrete/brick/dirt, shingles/built-up roofing, and cardboard less than 84% but greater than 70%
of the load. Under “special waste” asbestos and tires remains unchanged but sludge is increased from
$34 to $40 due to the difficulty in handling. Two new categories are added: Bulky Items (mattresses,
furniture brown goods) at $2 each and Special Handling at $40 per ton with a $40 minimum.
A copy of the Schedule of Tip Fees is on file at the Environmental Management Department.
Authorization for Staff to Negotiate a Contract (#00-0351) with Stewart-Cooper-Newell
Architects to Provide Architectural Services for the New Federal Point Fire Station
The Commissioners authorized Staff to negotiate a contract with Stewart-Cooper-Newell
Architects to provide architectural services for the new Federal Point Fire Station.
Requests for Qualifications for architectural services for the new Federal Point Fire Station
were received on April 27, 2000. The scope of services identified will include architectural design
services for the development of construction documents for a county fire station. Additionally, the
scope of services will include investigation scope development, site selection, master planning, and
budget development. After a review by the Selection Committee, the architectural firm of Stewart-
Cooper-Newell was recommended. The Fire Commission voted unanimously on May 24, 2000, to
recommend this firm.
A copy of the contract is on file in the Legal Department.
Authorization for the Health Department to Submit a Grant Application for the FAMILY
PLANNING OUTREACH INITIATIVE From the North Carolina Division of Public Health-
Women’s and Children’s Health Section
The Commissioners authorized the Health Department to submit a grant application in the
amount of $22,180 for the Family Planning Outreach Initiative from the North Carolina Division of
Public Health-Women’s and Children’s Health Section. The allocation is for one year, FY 2000-
2001, with additional second year funding subject to the availability of federal funds. The grant will
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employ a half time (50% full time equivalent) Registered Nurse for outreach efforts. The outreach
efforts include postpartum hospital visits, appointment reminder letters, appointment reminder phone
calls, home visiting for delinquent patients or patients who missed appointments, outreach through
the Women, Infants and Children (WIC) program and pregnancy testing outreach.
Women’s Health Services are available through numerous facilities in New Hanover County,
but many providers do not accept Medicaid. Although the private sector may accept and provide
prenatal services reimbursed by Medicaid for Pregnant Women (MPW), services are discontinued to
these women following the termination of their MPW benefits. These women are still in need of
preventive and follow-up care. The New Hanover County Health Department is a primary resource
for women seeking preventive women’s health care. Statistics document that many high risk women
live in New Hanover County who are in need of these services.
No matching funds are required to qualify for these funds.
Authorization for the Health Department to File a Grant Application for HEALTHY HOMES
INITIATIVE MINI-GRANT from the North Carolina Childhood Lead Poisoning Prevention
Program for the New Hanover County Health Department “Healthy Homes Initiative”
The Commissioners authorized the Health Department to file a grant application in the amount
of $20,000 for the second year of funding for the Healthy Homes Initiative Mini-Grant from the
North Carolina Lead Poisoning Prevention Program. The grant money will be used to increase public
awareness of how the environment impacts a child’s health and to provide tangible household
products such as air filters and mini-blinds, if necessary, to directly improve the child’s childcare
environment at registered Family Child Care Homes (FCCHs).
Waiver of Building Permit Fees for Eight Dwellings Damaged by Hurricane Floyd as
Requested by the Wilmington Housing Finance and Development Agency
The Commissioners approved the waiver of building fees as requested by the Wilmington
Housing Finance and Development Agency for approximately eight (8) dwellings not to exceed $400
per dwelling or $3,200 subject to the following conditions: (1) if the program is implemented before
August , 2000, the waiver of fees will be based on the current permit fee schedule per dwelling unit;
(2) if the program is implemented after August 1, 2000, the waiver of permit fees per dwelling will
be considered under the new schedule; and (3) in accordance with the new policy adopted on June
19, 2000, no more waivers will be approved.
Acceptance of Tax Collection Reports Through May 31, 2000
The Commissioners accepted the following Tax Collection Reports through May 31, 2000,
as submitted by the Collector of Revenue, Patricia J. Raynor:
New Hanover County Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXVI, Page 11.
Approval of Grant Application for Rural Operating Assistance Funding of $106,549 from
NCDOT to Continue Transportation Assistance
The Commissioners authorized the New Hanover County Transportation Human Services
Board to submit a grant application to receive Rural Operating Assistance funding from the N. C.
Department of Transportation in the amount of $106,549, adopt the Certified Statement, and approve
the related budget amendment if the grant is awarded.
These funds will be used to continue transportation services to elderly, disabled, and Work
First participants in New Hanover County and to add the general public to a route from the
Wrightsboro/Rockhill/Castle Hayne area to Masonboro Commons on Carolina Beach Road. No local
match is required.
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Adoption of Resolution to Add Roads in Marsh Oaks Subdivision to the N.C. Highway System
The Commissioners adopted a resolution to add roads in the Marsh Oaks Subdivision to the
N.C. Highway System.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book, XXVI, Page 11.
Release of Values - Tax Department
The Commissioners approved delinquent applications for exemption from the property tax
for the following organization. The application and letter explaining the late filing are available upon
request in the Tax Department.
Union Missionary Baptist ChurchR04816-004-007-000
Acceptance of Disaster Relief Funds for Seniors from Phillip Morris and Approval of
Associated Budget Amendment #00-0206 - Department of Aging
The Commissioners accepted a Disaster Relief grant in the amount of $2,253 and approved
the associated budget amendment which was made available by the Mid-East Commission on Aging
and the N. C. Division of Aging through a grant from Philip Morris. The Grant funds will be used
for direct services to seniors affected by Hurricane Floyd. No County match is required.
Budget Amendment #00-0206 - Aging/Nutrition-Congregate
ADJUSTMENTDebitCredit
Aging-Nutrition-Congregate
Title IV Disaster Relief$2,253
Contracted Services$2,253
Explanation:
To budget Disaster Relief Funds for Seniors awarded from the Mid East Commission,
North Carolina Division of Aging, and Phillip Morris.
Adoption of Resolution to Approve Sale of Surplus Terminals at The Department of Social
Services to Computer Marketing of America, Inc.
The Commissioners adopted a resolution approving the sale of surplus computer terminals
in the amount of $1,500 to Computer Marketing of America, Inc. through the Finance Office
pursuant of NCGS. 160A-267.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 11.
Approval of Sales Tax Budget Amendment #00-0208
The Commissioners approved the following budget amendment for distribution of the fourth
quarter sales tax:
Budget Amendment #00-0208 - ½ Cent Sales Tax and Revenue/Public Schools/Water & Sewer
Operating Fund/Engineering
ADJUSTMENTDebitCredit
½ Cent Sales Tax Revenue:
½ Cent Tax Article 40 Unrestricted $210,864
½ Cent Tax Article 40 Schools 90,371
½ Cent Tax Article 42 Unrestricted 120,688
½ Cent Tax Article 42 Schools 181,031
½ Cent Sales Tax:
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Transfer to Other Funds/Sewer$331,552
Transfer to Public Schools Fund 271,402
Public Schools/Education/NHC Schools:
Transfer-in ½ cent Sales Tax$271,402
Contribution-School Capital Projects$271,402
Sewer Operating Fund/Water & Sewer
Transfer-In ½ Cent Sales Tax$331,552
Water /Sewer Engineering:
Administrative Reserve$331,552
Explanation:
To increase the budget for estimated sales tax revenues from Articles 40 and 42 for
the fourth quarter sales tax distribution.
Approval of Budget Amendment #00-0040 - Controlled Substance Tax - Sheriff’s Department
The Commissioners approved the following budget amendment:
#00-0040 - Controlled Substance Tax Capital Project
AdjustmentDebitCredit
Controlled Substance Tax $10,678
Capital Project Expense $10,678
Explanation:
To increase the budget for additional revenue received June 7, 2000. Controlled
Substance Tax funds are budgeted as received and must be used for law enforcement activities as
deemed necessary by the Sheriff.
Approval of Budget Amendment #00-0041 - Federal Forfeited Property Funds - Sheriff’s
Department
The Commissioners approved the following budget amendment:
00-0041 - Federal Forfeited Property Capital Project
AdjustmentDebitCredit
Federal Forfeited Property $4,274
Capital Project Expense$4,274
Explanation:
To increase the budget for additional revenue received June 7, 2000. Federal Forfeited
Property funds are budgeted as received and must be used for law enforcement activities as the
Sheriff deems necessary.
Approval of Free Day at the Coast Line Convention Center for the “How Does Your Garden
Grow?” Show
The Commissioners approved a request by Mr. Neel Patrick, President of the Arboretum, to
provide one County day free to the Arboretum for the “How Does Your Garden Grow?” Show to
be held on Saturday, February 3, 2001.
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PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O’Neal requested the following County employees to step forward to
receive service awards:
Deborah Lovett5 yearsHealth Department
Antoinette Shields15 yearsBudget Department
Dottie Ray20 yearsFinance Department
Alton R. Fales20 yearsSheriff’s Department
Thomas J. Stich20 yearsHealth Department
Chairman Caster, on behalf of the Board, presented Service Awards to these employees and
he expressed appreciation to them for their years of dedicated service.
RECOGNITION OF NEW EMPLOYEES
County Manager O’Neal requested the following new employees to stand and be recognized:
Vaughn Rizzo Environmental Management
Jamie BeasleyFire Services
Shentia JoseyHealth Department
Caroline FinucanSheriff’s Department
Teresa BensonSheriff’s Department
Summer CallDepartment of Social Services
Amanda LamkinDepartment of Social Services
Chairman Caster, on behalf of the Board, welcomed the new employees to New Hanover
County government and he wished them success in their new positions.
PUBLIC HEARING TO CONSIDER THE 2000-2001 SECONDARY ROAD
CONSTRUCTION PROGRAM FOR NEW HANOVER COUNTY
Chairman Caster opened the Public Hearing and he requested Mr. Scott Cook, representing
the Department of Transportation to comment on the 2000-2001 Secondary Road Construction
Program for New Hanover County.
Mr. Cook presented the following program:
As required by General Statue 136-44.5, before July 1 each calendar year, the Department
of Transportation shall make a study of all state-maintained unpaved roads in order to determine the
unpaved mileage in each county and the total in the state. Each county’s allocation is determined by
dividing the total allocation by the statewide mileage times the number of miles in each county.
Secondary road construction allocations are based upon the amount of revenue generated by
the gasoline tax and the final total will not be known until the end of the current fiscal year, ending
June 30, 2000. All bond funds have been allocated and programmed. Should there be a significant
change in the county allocation, New Hanover County will be informed of any adjustments in the
Secondary Road Construction Program for 2000-2001.
Based on an unpaved mileage of approximately 2.91 miles in New Hanover County, compared
to unpaved miles statewide, the secondary allocation is estimated at $143,082 that is expected to be
approved at the July Board of Transportation meeting.
The North Carolina Board of Transportation has elected to continue paving from the same
lists used last year. The lists are based on a paving priority rating system having two paving priorities
in each county, one for rural roads and one for residential/subdivision roads. The Board now requires
a separate listing of roads for each county showing the roads which have been previously skipped
over for paving because the right-of-way was not available. Although these roads will not be shown
on either of the two paving priority lists, provisions have been made for any such road to be reinstated
to its prior position at such time as the right-of-way becomes available, or as soon thereafter as
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reinstatement can be administratively accomplished. He presented a copy of the paving priorities and
the list of roads with unavailable right-of-way.
In compliance with the Board’s directives, while addressing overall county needs, he
submitted the following proposals for the expenditure of estimated secondary road construction funds
for New Hanover County, for the period through June 2001.
Estimated July 1, 2000 Total Allocation$143,082
Highway Fund$67,267
Highway Trust Fund$75,815
Spot Stabilization 18,230
Paved road Improvements,$124,852
Safety Improvements and
Bridge Replacements
Roads for Grade, Drain, Base and Pave
SR 2546M, Wishing Well Lane 30,000
(Continuation from 1999-2000 Program$ 94,852
to Complete Funding)
SR 1552, Camellia Lane
From SR 1506 to Dead End 10,000
Length 0.04 Mile$ 84,852
Priority 12S0.04
SR 1337M, Marathon Avenue
From End of Pavement to SR 2636$ 80,000
Length 0.04 Mile 4,852
SR 2636, Indian Corn Trail
From SR 1337 to SR 2637
Length 0.72 Mile
SR 2637, Tall Oaks Drive
From SR 2636 to End System
Length 0.13 Mile
Priority 13S0.89
Volunteer Fire Departments$ 4,852
Rescue Squads, Road Additions$ -0-
and Contingencies
Total Miles0.93
In closing, Mr. Cook pointed out that the cost of each priority was an estimate and could be
subject to variations due to inflation, cost of materials, equipment rate changes, etc. He expressed
appreciation to the Board for having the opportunity to present the Secondary Road Program and
he offered to answer any questions.
Chairman Caster asked if anyone from the public would like to speak on the 2000-2001
Secondary Road Construction Program for New Hanover County.
No comments were received.
Chairman Caster closed the Public Hearing.
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Chairman Caster requested a motion to accept the program as presented.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to accept the
2000-2001 Secondary Road Construction Program as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Cook for the
presentation.
PRESENTATION OF THE DISTINGUISHED BUDGET PRESENTATION AWARD TO
THE BUDGET DEPARTMENT FOR FISCAL YEAR BEGINNING JULY 1, 1999
On behalf of the Board, Chairman Caster reported that notification has been received from
the Government Finance Officers Association of the United States and Canada that New Hanover
County has qualified to receive the Distinguished Budget Presentation Award for the ninth
consecutive year. The award is for New Hanover County’s budget submitted for fiscal year beginning
July 1, 1999. This award is the highest form of recognition in governmental budgeting. The budget
is reviewed by a panel of independent budget experts who use extensive criteria to evaluate the
effectiveness of the budget as a policy document, a financial plan, an operations guide and a
communication device. Award-winning documents must be rated “proficient” in all four categories.
Chairman Caster presented the Distinguished Budget Presentation Award to Cam Griffin,
Director of New Hanover County Budget Department and Staff, and he expressed appreciation to
them for receiving this recognition for nine consecutive years.
ADOPTION OF FISCAL YEAR 2000-2001 BUDGET ORDINANCES FOR NEW HANOVER
COUNTY AND THE FIRE SERVICE DISTRICT
County Manager O’Neal requested the Board to adopt the proposed Budget Ordinance for
New Hanover County and the New Hanover County Fire Service District. He noted that all public
hearings and meetings had been held according to law.
After reminding the Board that discussion was held at the special budget meeting about
funding the N. C. Aquarium at Ft. Fisher, Commissioner Birzenieks requested the Board to consider
funding in the amount of $12,500 to the N. C. Aquarium at Ft. Fisher.
Motion:
After further discussion, Commissioner Birzenieks MOVED, SECONDED by Vice-
Chairman Greer, to approve funding from the general fund contingency account in the amount of
$12,500 for the N. C. Aquarium at Ft. Fisher to bring the total funding for this facility over a 2-year
period to $50,000. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster requested an explanation of the additional funding for the school system.
County Manager O’Neal responded that $669,601 in additional funding was provided to the
Board of Education.
Chairman Caster opened the floor to receive comments from the members of the Board on
the FY 2000-2001 Budget Ordinance.
After expressing concern for increasing the property tax rate, Commissioner Davis advised
that he could understand the need to increase the Fire District tax rate by ½ cent in the
unincorporated county, but he was opposed to increasing the property tax rate from 3 cents to 4.5
cents. He explained that when the recommended budget was presented with a property tax increase
of 3.6 cents to pay bond debt service for New Hanover County Schools and Cape Fear Community
College, it was his understanding that .06 cents would be transferred from other revenue sources to
reduce this figure to 3 cents. This action was taken to help the taxpayers pay for the bond debt,
which was voted on in the last bond referendum; however, the additional 1.5 cents was proposed to
fund public safety, law enforcement, and education. These are three issues that every member of this
Board supports, but the time has come to draw the line on increasing property taxes. There are many
senior citizens in the community who are on fixed incomes as well as citizens that earn limited
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incomes who will not be able to afford to live in New Hanover County if the property tax rate
continues to increase. He said after debating and agonizing over the budget for the past month he
could not vote on the additional increase in the property tax rate because it was not right to the
taxpayers. He emphasized the importance of providing pay increases to County employees and
teachers without increasing the tax rate beyond the bond debt payment, and he requested the Board
to consider asking Staff to review revenues, capital projects, and other expenditures to find 1.5 cents
in the recommended budget.
Commissioner Birzenieks advised that the next phase of annexation will create another $1.5
million loss of sales tax revenue to New Hanover County. The property owners are receiving a raw
deal and they should approach the N. C. General Assembly about sending a larger portion of sales
tax revenue back to counties and approving enabling legislation for counties to implement a local
option sales tax. Unless additional sources of revenue are found, the property tax rate will continue
to increase in order to pay for public safety, law enforcement, and education.
County Manager O’Neal informed the Board that two options could be considered to reduce
the recommended budget:
(1) Remove money from the general fund balance, which could lower the AA bond rating for
New Hanover County.
(2) Use a combination of the general fund balance and delay a portion of the sales tax transfer to
the Water and Sewer Fund for capital projects. This action would postpone water and sewer
projects that are badly needed throughout the county.
For the record, Commissioner Birzenieks asked what percentage of the entire budget can be
controlled by taking into consideration unfunded state and federal mandates.
County Manager O’Neal responded 20% of the entire budget could be controlled by the
County.
Discussion was held on the fund balance. Finance Director Bruce Shell advised that the total
fund balance was $43.4 million, which is comprised of restricted and unrestricted portions. The
unrestricted fund balance is $26.2 million, which is 17% of expenditures for the prior year. The
County’s goal is 16.7%; however, with continued growth in budgets annually, the percentage
compared to the $26.2 million, is no longer at 17%. During the current fiscal year, over $6 million
was appropriated from the fund balance. Until all receivables, particularly FEMA reimbursements,
are received, the available amount of fund balance will shrink. He cautioned balancing the FY 2000-
2001 Budget with appropriations from the fund balance because bond rating agencies review local
governments for the amount of fund balance and the amount of debt. With the number of capital
projects, such as the jail, judicial building, parking deck, annex administration building, etc., it would
not be prudent to remove money from the fund balance.
County Manager O’Neal pointed out that budgeting had become tighter each year, which
decreases the amount of fund balance at the end of the year. The recommended FY 2000-2001
Budget has a contingency of $300,000, which is a small figure compared to the total budget.
Commissioner Davis referenced the on-going projects and asked if one project could be
placed on the back burner so the property tax rate would not have to be increased more than 3 cents.
County Manager O’Neal responded that the recommended budget had been prepared with
no room for additional cuts. He stated that with the desperate need for the jail expansion, courthouse
expansion, annex administration building, etc., the expenditures will continue to increase in future
years. He also stated for the record, that when the Pay and Classification Plan is implemented, it will
require a large expenditure for FY 2001-2002.
Chairman Caster requested a motion to adopt the Budget Ordinance.
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Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to adopt the FY
2000-2001 Budget Ordinance for New Hanover County, which includes a property tax rate increase
of 4.5 cents. Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows:
Voting Aye:Commissioner Birzenieks
Commissioner Howell
Vice Chairman Greer
Chairman Caster
Voting Nay:Commissioner Davis
A copy of the Budget Ordinance is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXVI, Page 11.
Chairman Caster called for a motion to adopt the Fire Service District Budget Ordinance.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice Chairman Greer, to adopt the
FY 2000-2001 Fire Service District Budget Ordinance, which includes a ½ cent increase in the Fire
District tax rate. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADOPTION OF RESOLUTION FOR FISCAL YEAR 2000-2001 OUTSIDE AGENCY
FUNDING
Chairman Caster called for a vote to adopt a resolution to fund outside agencies as discussed
and voted on in the Special Budget Meeting on June 14, 2000.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt the
resolution to fund outside agencies including additional funding in the amount of $12,500 from
contingencies for the Ft. Fisher Aquarium. Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
Chairman Caster called a break from 10:25 a.m. until 10:40 a.m.
PUBLIC HEARING TO CONSIDER ADOPTION OF SOLID WASTE PLAN UPDATE
Chairman Caster opened the Public Hearing.
Ms. Mylinda Jacobsen, Recycling Manager, reported that the Solid Waste Management Act
of 1989 directs each unit of local government, either individually, or in cooperation with other local
governments, to develop a 10-year Comprehensive Solid Waste Management Plan. The original
Solid Waste Plan was due June 30, 1997. In an effort to keep the plan current and to re-evaluate
management practices, the Solid Waste Management Act requires an update every three years. This
update is due to the N. C. Department of Environmental Health and Natural Resources by June 30,
2000.
She presented and explained the following changes in the updated plan:
1.The plan update revises the reduction goals set for FY 2000 - FY 2001 and FY 2005- FY
2006. The original reduction goals were set at 10% and 15%. With the present reduction
rate in the New Hanover County being -50.9%, the new goals were established at 0% by 2003
and 5% by 2006.
2.The plan recognizes that the partnership between Sunoco Products and the Department of
Environmental Management will change in that Sunoco will provide a larger capacity baler
for the processing of cardboard. Projections show that this will increase the processing
capability of cardboard by at least 500 tons per year.
3.The addition of magazines to the recycling program is proposed in 2001.
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4.A user fee system is proposed for implementation within the next year. This will create a
situation in that a solid waste management program can be created with many components
not presently in the existing program. Proposed programs for the next five years may include
a Construction and Demolition processing facility, a Materials Recovery Facility, increased
household waste programs, the addition of an environmental educator, litter enforcement
program, multi-family residential recycling, and increased refuse services through franchise
agreements in the unincorporated areas.
5.The plan update recognizes the importance of planning for storm debris and highlights the
steps taken by the Department of Environmental Management to facilitate debris management
following large storms. This would include pre-position contracts and location of staging
areas for debris management.
6.The plan update recognizes that septage is a part of the waste stream and notes that no
permitted facility exists in New Hanover County for the disposal of septage. Two private
companies in the County transport septage for a fee to facilities located in contiguous
counties. A septage receiving station will be constructed as a portion of the County
Wastewater Treatment Plant.
7.The plan update recognizes that New Hanover County achieves the goals set forth in Senate
Bill 111, which is to reduce the reliance on landfills and to minimize the impact of waste
disposal on the environment.
In closing, Ms. Jacobsen expressed appreciation to the Town of Carolina Beach, Town of
Kure Beach, Town of Wrightsville Beach, and City of Wilmington for the cooperation given in
preparing the plan. She offered to answer any questions.
Commissioner Davis requested an explanation of where the County is in reviewing the
Charleston plan.
County Manager O’Neal responded that he and several members of Staff visited Charleston
to review the plan. He advised that Ms. Jacobsen has prepared an excellent summary of the
Charleston Plan, which will be presented in August 2000 since only one meeting will be held by the
Board of County Commissioners in July.
Commissioner Howell expressed concern for not having time to review the Solid Waste
Comprehensive Plan Update and asked if the revision had to be adopted at this meeting.
Ms. Jacobsen responded that North Carolina General Statutes require the plan to be submitted
before June 30, 2000.
Chairman Caster requested an explanation of how magazines are being recycled.
Ms. Jacobson responded that currently magazines are being mixed in with newsprint, which
is acceptable to the recycling company, Paper Stock, in Fayetteville, North Carolina.
Chairman Caster requested an explanation on the meaning of expanding local government
recycling collection programs to include more paper fiber materials, and encourage commercial
recovery program with a focus on paper fiber materials.
Ms. Jacobson responded that paper, including corrugated cardboard and newsprint, is one
of the easiest materials to recycle. Currently, the market is good for paper products and a
commitment has just been received from Sunoco for the provision of a larger capacity baler which
should increase the recycling tonnage and increase the efficiency of processing.
Chairman Caster commented on being in favor of recycling, but stressed the importance of
the process paying for itself. He requested Staff to provide the figures on the cost of recycling so
the citizens will be aware of the cost. He also referenced Page 8 of the revised plan and pointed out
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 12
that the update does include consideration of a franchise collection system for the unincorporated
county that will be administered by the County.
Vice-Chairman Greer spoke on not agreeing with the revised plan and he asked how much
funding was placed in the FY 2000-2001 Budget from the general fund to operate the Environmental
Management Department. Budget Director Cam Griffin responded that $2,434,514 had been
appropriated from the general fund for operation of this department.
Vice-Chairman Greer noted that most counties with landfills have an income source and do
not have to budget $2.4 million from the general fund; therefore, he could not support the revised
plan.
Chairman Caster asked if anyone from the public would like to comment.
No comments were received.
Chairman Caster closed the Public Hearing, and he called for a motion to approve the plan.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Chairman Caster, to adopt a resolution
to approve the revised Comprehensive Solid Waste Management Plan for New Hanover County.
Upon vote, the MOTION CARRIED 4 TO 1 as follows:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Voting Nay:Vice Chairman Greer
A copy of the resolution is hereby incorporated as part of the minutes and is contained in
Exhibit Book XXVI, Page 11.
INVENTORY OF LAND
Planning Director Dexter Hayes advised that Staff began mapping some of the open space and
conservation areas in New Hanover County in anticipation that the open space bond referendum
would be approved by the voters. There are several elements of a comprehensive inventory that still
need to be completed. The open space categories could include the following:
Land already owned by the public
Land with conservation easements held by non-profits or trusts
404 wetlands protected through Federal permitting
Conservation areas protected through local permitting
Staff has mapped the public lands and has started to map conservation easements that are held
by groups such as the N. C. Land Trust or the Northeast New Hanover County Conservancy. The
conservation areas that are protected through County regulations as well as wetlands delineated by
the Corps of Engineers will require a considerable amount of time to identify and map. This work
has been performed in-house and can be continued with the use of interns or students.
An inventory of remaining vacant land held in private ownership is critical in identifying areas
that are worthy of protecting and determining areas that are without nearby recreational facilities;
therefore, the Board is being requested to consider allowing Staff to complete the land inventory
through a mapping process with the use of existing overlays.
Motion:
After discussion of the benefits received for completing the inventory of land, Commissioner
Birzenieks, MOVED, SECONDED by Vice-Chairman Greer, to authorize Staff to complete the land
inventory. Upon vote, the MOTION CARRIED UNANIMOUSLY.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 13
REMOVAL OF AGENDA ITEM 9 - DISSOLUTION OF WAIVED PERMIT AND
INSPECTION FEES
After discussing the need for Staff to further research the proposed request, County Manager
O’Neal requested the Board to remove this item from the agenda.
Consensus:
It was the consensus of the Board to remove this item from the agenda with it being
placed on a future agenda.
Discussion was held on why some of the beach communities have instituted their own
inspection systems. Mr. Jay Graham, Director of Inspections, explained that in the past, New
Hanover County had contracted with local jurisdictions to provide inspection services. Recently,
some of these jurisdictions have split the services, for example, the Town of Carolina Beach has just
added a building inspector and Wrightsville Beach also has inspectors. These decisions are made by
the governing bodies.
County Manager O’Neal stated that after discussion with both Town Managers, the needs are
not that different, but the governing bodies feel there should be more local control.
REQUEST BY SEABREEZE COMMUNITY CENTER FOR COUNTY TO PURCHASE 21
ACRES FOR A COMMUNITY CENTER AND PARK FACILITY
Mr. James Bryant, President of the Seabreeze Community Center, presented background
information on the rich history of the Seabreeze area. Residents of the community want to preserve
this rich history and be given a fair share of funds to protect this land, such as was done for Airlie
Gardens and other county projects. If Seabreeze is developed and properly managed, this area will
be a great asset to the community and a good source of tax revenue for New Hanover County.
Mr. Bryant requested the Board to purchase the 21 acres of land to be used for development
of a neighborhood park, Community Center, and the Federal Point Fire Station.
Ms. Barbara Dinkins, a resident of the Myrtle Grove area and owner of property in Seabreeze,
reported that in 1970 the community residents established a chartered non-profit civic organization
to enhance and provide a positive environment in the Myrtle Grove and Seabreeze area. A building
was obtained and named the Myrtle Grove Community Center, which was later renamed the
Seabreeze Community Center. Grants were obtained to build a basketball court behind the facility
and the building became a Community Center where area residents met with their children for various
activities and an after school program. Health Fairs, fund raisers, and the Meals on Wheels hot food
programs are held in the building.
Founding families of the area, such as the Freemans have allowed use of their properties for
baseball games, events, and other youth activities. The Freemans also allowed the residents to use
the northern end of Carolina Beach, known as Freeman Beach, without hindrance. This area is
rapidly growing, and there is a need to continue to enhance the quality of life in this area. The
purchase of these 21 acres of land will allow this land to be preserved and used to enrich the area.
Ms. Sandy McKeithan, a native of North Carolina born in New Hanover County and now a
resident for seven months, reported that the spirit of Seabreeze is alive today. The great music,
wonderful food, and good fellowship well known from the 1940's has not been damaged. The
complexion of this community has changed and today this is a multi-cultural community working
together to improve the quality of life in this neighborhood.
Community pride has been demonstrated by a major cleanup effort in conjunction with the
N. C. Department of Transportation to clean roadways, ditches, and pick up litter. By working with
the New Hanover County Board of Commissioners, the Sheriff’s Department, and Assistant County
Manager Dave Weaver, the residents have requested enforcement of County Ordinances, which has
resulted in removal of abandoned trailers and fallen-down buildings. Keep America Beautiful
representatives are assisting with the removal of washers, dryers, and other appliances that are
scattered along the waterway from past hurricanes. The residents are also involved with the Adopt
a Highway Program to keep the roadways clean.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 14
There is a great deal of appreciation by the residents for the historical significance of the
African American heritage. An application has been filed to place the Seabreeze Community on the
National Register in Washington, D. C. as an Historic District. If the Historic District designation
is approved, this will provide property owners a source for preservation assistance from the federal
government when funds become available. It will also provide tax incentives to the residents for
rehabilitation.
Residents of the Seabreeze area have grave concerns about the following issues:
•Immediate installation of a traffic light at the Intersection of 421 and entrance into the
Seabreeze Community.
•Completion of paving Scout Camp Hatila Road.
•Assist residents in south Seabreeze with the procedure for obtaining state maintained roads.
•Work with Sheriff McQueen to shut down the interstate crack house on South Seabreeze
Road.
In closing, Ms. McKeithan requested the Board to continue the positive efforts being made
to enhance this historic community by purchasing the 21 acres of land. She invited the
Commissioners to attend the First Annual Seabreeze Heritage Day Celebration to be held on July 1,
2000, to see that the spirit of this community is alive.
Ms. Carolina Meeks, a property owner, member of the Seabreeze Community, and real estate
broker, advised that she had volunteered her services in assisting the Community Center with placing
the 21-acre parcel of land under a contract for the purpose of developing a Community Center and
neighborhood park for the area. This parcel is located north of Snow’s Cut Bridge on the west side
of Carolina Beach Road, consisting of five contiguous pieces of property with 500 feet of road
frontage on Carolina Beach Road. All property owners have agreed and signed the contract which
was ratified in February 2000. After placing the parcel under contract, Mr. Jim Bethune, Appraisal
Supervisor for New Hanover County, called and informed the residents about the interest of the Fire
Service in purchasing a portion of the property for construction of the Federal Point Fire Station
which was being located off Pleasure Island.
Since the property owners desire to sell the 21 acres as a whole parcel for the benefit of the
area, the concept of a joint venture between the Federal Point Fire Department and New Hanover
County Parks was developed for construction of the Federal Point Fire Station, Seabreeze
Community Center, and neighborhood park. Since the Fire Station would be manned around the
clock, there would be a security presence at all times. Both the Community Center and Fire Station
could share amenities, such as meeting rooms, kitchens, bathrooms, parking, storage, etc. This would
be an economical and efficient design. After searching for other available properties, the Fire Service
has concluded this parcel of land would be a prime location for the facility because of its high
visibility, easy access, and central location to the Federal Point service area.
In closing, Ms. Meeks advised it was her understanding that it was necessary to move forward
with constructing the fire station to save money. This 21-acre parcel is immediately available, and
the property owners have consented to selling their lots. With the continued growth in this area, it
is necessary to develop a neighborhood park. The nearest park is located at the Snow’s Cut Bridge.
Veterans Park is 3.7 miles from Seabreeze and basically will serve the school system. This is an ideal
site for a joint venture that will provide a needed complex to the area. The property is available for
$704,000, which is in line with similar properties purchased by the County at $35,000 per lot. The
sellers are willing to negotiate payment options in the contract so that a portion of the sales price
could be deferred until funding becomes available.
Mr. Ronald Lockwood, a representative of the Freeman family, advised that residents of the
Seabreeze Community are moving forward with improving the quality of life in the area. He
requested the Board to consider the purchase of this land so the goals outlined in the 1988 New
Hanover County Development Plan for Seabreeze can be accomplished.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 15
Commissioner Davis commented on the merits of the proposed concept, and he expressed
appreciation to the speakers for making an excellent presentation. He advised that since New
Hanover County is involved in so many capital projects, he could not see entering into another
project until some of the other facilities have been completed.
Chairman Caster agreed with the comments made by Commissioner Davis, and stated the
County was not ready to enter into a $1 million project. He also said that Veterans Park would be
available to the entire County, not just the schools.
A lengthy discussion followed on status of the proposed location of the Federal Point Fire
Station. Fire Administrator Donnie Hall reported that consideration on the location and accessibility
of a site has been a priority of the Fire Service when trying to relocate the Fire Station. The
Seabreeze site is ideal and does have access to both lanes of traffic on Carolina Beach Road. Time
is of essence on this project, because monthly lease payments will have to be made to the Town of
Carolina Beach for occupying their Fire Department in March 2001. Mr. Bethune has researched
sites in the Federal Point area, and it has been difficult to find an appropriate site.
In closing, Mr. Hall informed the Board that many areas are using community based fire
protection. Fire departments are becoming more entangled in communities served by allowing space
for community meeting rooms, community events, satellite offices for the Sheriff’s Department, and
public health facility representatives. This concept has proven to save money for the taxpayers. Also,
when visiting other parcels of land, it was found that the average cost per acre is $120,000 to
$140,000.
Assistant County Manager Weaver said that very little success has been accomplished with
trying to locate property in this area.
Commissioner Howell advised that funding must be provided to complete Veterans Park,
which will assist the residents of the Seabreeze area. In light of the numerous projects on line, the
funding is not available to purchase 21 acres of land.
Ms. McKeithan advised that the Seabreeze Committee has been in touch with the Z. Smith
Reynolds Foundation and an application was presented on May 8, 2000, for a grant under the topic
that “Race will not Divide Us.” The cost to finish the application for the Historic District must be
prepared by an historian, such as Ed Turberg at a cost of $5,000 which has been raised by the
Committee. If these grants are awarded, the funding would be less than $704,000. Veterans Park
is a nice park, but it would be unsafe for children to ride their bicycles on Carolina Beach Road to
reach the park. The youth in the area need positive recreation, which could be provided with a
neighborhood park.
Vice-Chairman Greer said that money was the issue; therefore, it would not be fair to give
hope to the citizens when the funding effort may not be successful.
Consensus:
After further discussion, it was the consensus of the Board to: (1) arrange a meeting
among Chairman Caster, Vice-Chairman Greer, Parks Director Neal Lewis, Fire Administrator
Donnie Hall, Mr. Lockwood, County Manager O’Neal and Assistant County Manager Weaver to
meet and discuss how funding can be raised for the project; (2) request Griffin Grant Writers to
secure federal and state grants for the project; and (3) request the Parks Director to check into private
foundation funding through the N. C. Parks Association.
WITHDRAWAL OF ITEM 11, A PRESENTATION BY TRACY SKRABAL REGARDING
AN ISSUE OF CONCERN BY THE COASTAL FEDERATION
Chairman Caster announced that Ms. Skrabal had called to request withdrawal of this item
since she could not attend the meeting.
APPROVAL OF CONTRACT #00-0367, MILLER BUILDING PROPOSAL FOR PROJECT
EXPEDITER SERVICES
County Manager O’Neal reported that on May 8, 2000, the Board of County Commissioners
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 16
instructed Staff to negotiate a contract with Miller Building for providing project expediter services
during construction of the new Jail facility. He advised that too much emphasis had been placed on
hiring a project expediter instead of a construction manager. Other communities constructing jails
have successfully used construction managers/expediters on these complex building projects.
Commissioner Birzenieks spoke on holding a lengthy discussion with a person responsible for
building the $55 million 900-cell jail addition for Mecklenburg County and stated that according to
this individual, the use of a project manager/expediter was needed for construction of this complexity,
particularly with the number of change orders and delays in the project that can occur without this
type of supervision. He also said that this person felt the fee being charged by Miller Building was
reasonable and this construction supervision would save a significant amount of money for New
Hanover County. Commissioner Birzenieks stated when a person constructing another jail in another
county feels so strongly about the benefits derived from using a project expediter, he felt this was the
right move for New Hanover County.
Commissioner Davis asked if any projections had been made on the savings that will be gained
from using a project expediter in comparison to the $2,866,245 being paid for this supervision
service.
County Manager O’Neal responded that no projections had been made; however, due to the
complexity of jail construction, it is difficult to develop a figure at this stage of the process.
Chairman Caster spoke on discussing the use of a project manager/expediter with
Mecklenburg and Buncombe County Commissioners who are constructing jail projects and using
project expediters. Both groups of Commissioners felt it was beneficial to use this type of
construction supervision and recommended that New Hanover County follow the same route.
A lengthy discussion followed on the date for completion of the project and when the
$2,866,245 fee would expire. Commissioner Davis noted that according to the agreement if the
project is not completed by November 2001, additional fees will be charged.
County Manager O’Neal explained that in the proposal letter from Miller Building, the service
is referenced as project expediter/construction management services for the project. The
reimbursable budget is based on total project completion including occupancy by November 1, 2001,
which is the date stipulated by Miller Building.
Commissioner Birzenieks requested the County Attorney to comment on the legal aspects of
using a project expediter/construction manager process.
County Attorney Copley responded that North Carolina General Statutes allow local
governments to use a project expediter/construction manager service. After discussing this matter
with State officials, she found this type of supervision service is acceptable and used by other cities
and counties.
Commissioner Birzenieks asked County Manager O’Neal and Chief Project Engineer Greg
Thompson if they were satisfied with the use of a project expediter/construction manager service.
County Manager O’Neal responded that he was in favor of the concept for a project of this
cost and complexity. Another issue to consider is the amount of work already placed on the
Engineering Staff with the number of on-going large construction projects. It would be an advantage
to have the construction management on a jail project; however, this could be approached in a
different manner. New Hanover County could hire individuals either on the County payroll with a
specified period of employment or through contracts, but it would take a great deal of time to hire
these individuals and they would come with the resources that will be provided by Miller Building.
Commissioner Davis commented on having a great deal of respect for Miller Building but
stated he was not convinced that New Hanover County would save enough money to offset the fee
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 17
being charged for the project expediter. He stated, for the record, that he could not vote for the
contract.
Mr. Gene Miller, representing Miller Building Corporation, explained that the contract
consists of two parts: (1) the fee of $1,350,000 over a 31-month period which is the profit on the
project to pay for home overhead, office, etc.; and (2) the $1,516,245 represents a reimbursed cost
to pay for the managers to supervise the construction project. Miller Building Corporation has
agreed that the use of a construction manager will save 10-12 months for the jail expansion project.
Since the County pays $150,000 monthly to house inmates in other facilities, the County will save
$1,500,000 if the project is completed within 10 months. The construction manager process will save
money for New Hanover County.
Chairman Caster called for a motion.
Motion:
Vice-Chairman Greer, MOVED SECONDED by Commissioner Birzenieks, to approve the
amended contract with Miller Building in the amount of $2,866,245 to provide the project
expediter/construction management services for the jail project and authorize the Chairman to execute
the necessary documents. Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows:
Voting Aye:Commissioner Birzenieks
Commissioner Howell
Vice Chairman Greer
Chairman Caster
Voting Nay:Commissioner Davis
A copy of the contract is on file in the Legal Department
BREAK
Chairman Caster called a break from 11:45 a.m. to 12:00 noon.
COMMITTEE APPOINTMENTS
Reappointment of James C. Ballantine to the ABC Board and Reappointment of Howard J.
Armistead as Chairman of the ABC Board for the Ensuing Year
Chairman Caster announced that one vacancy needed to be filled on the ABC Board and
reported that five applications have been received with one applicant, James C. Ballantine, desiring
to be reappointed.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to reappoint James
C. Ballantine, to serve a 3-year term on the ABC Board with the term to expire June 30, 2003. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to reappoint
Howard L. Armistead to serve as Chairman of the ABC Board for the ensuing year. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Vice-Chairman Greer reported that Mr. Billy Williams, Administrator of the local ABC office,
was usually present when appointments are made to the ABC Board; however, he was not feeling
well and could not attend the meeting.
Reappointment of Judith M. Foley to Serve on the Adult Care Home Community Advisory
Committee
Chairman Caster announced that one vacancy needed to be filled on the Adult Care Home
Community Advisory Committee. He reported that Ms. Judith M. Foley had served the initial one-
year term and would like to be considered for serving a 3-year term. He advised that three
applications had been received.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 18
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to reappoint
Ms. Judith M. Foley to serve a 3-year term on the Adult Care Home Community Advisory
Committee. The term will expire June 30, 2003.
Reappointment of John M. Coble to Serve on the New Hanover County Airport Authority
Chairman Caster announced that one vacancy needed to be filled on the Airport Authority and
advised that seven applications had been received with one applicant, John M. Coble, desiring to be
considered for a second term.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to appoint John
M. Coble to serve a 4-year term on the New Hanover County Airport Authority. The term is to
expire July 1, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointment of William J. Horvath to Serve at an At-Large Community Representative on
the New Hanover County Board of Fire Commissioners
Chairman Caster announced that one at-large community representative vacancy needed to
be filled on the Board of Fire Commissioners. He advised that seven applications had been received
and he opened the floor to receive nominations.
Commissioner Howell nominated William J. “Bill” Horvath. The nomination was seconded
by Vice-Chairman Greer.
There being no further nominations, Chairman Caster closed the nominations.
Vote:
Upon vote, the Board voted UNANIMOUSLY to appoint Mr. William J. “Bill” Horvath to
fill the unexpired term of Darryl T. “Chuck” Langley, on the Board of Fire Commissioners as an at-
large representative. The term will expire July 1, 2001.
Reappointment of Robert W. Martenis to Serve on the Cape Fear Community College Board
of Trustees
Chairman Caster announced that one vacancy needed to be filled on the Cape Fear
Community College Board of Trustees. He advised that six applications had been received and one
applicant, Robert W. Martenis, would like to be considered for a second term.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to reappoint
Robert W. Martenis to serve a 4-year term on the Cape Fear Community College Board of Trustees.
The term will expire June 30, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Appointments to the Cape Fear Museum Board of Trustees
Chairman Caster announced that three vacancies need to be filled on the Cape Fear Museum
Board of Trustees. He advised that eight applications had been received and two of the applicants,
Sandra Ray Criner and Allen P. Hunt, Jr., would like to be considered for reappointment to second
terms.
Motion:
Chairman Caster MOVED, SECONDED by Vice-Chairman Greer, to reappoint Sandra Ray
Criner and Allen P. Hunt, Jr. to serve 3-year terms on the Cape Fear Museum Board of Trustees and
to appoint John H. Haley to serve a 3-year term on the Cape Fear Museum Board of Trustees with
the terms to expire June 30, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Reappointment of Dorothy Lane Grime to Serve on the Nursing Home Community Advisory
Committee
Chairman Caster announced that one vacancy needed to be filled on the Nursing Home
Community Advisory Committee. He advised that three applications had been received and that one
applicant, Dorothy Lane Grime, would like to be considered for reappointment for a 3-year term.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to appoint
Dorothy Lane Grime to serve a 3-year term on the Nursing Home Community Advisory Committee.
The term is to expire June 30, 2003.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 19
Appointments to Parks and Recreation Advisory Board
Chairman Caster reported that two vacancies needed to be filled on the Parks and Recreation
Advisory Board. He advised that three applications had been received and stated that one applicant,
Keith Suttle, would like to be considered for a second term.
Chairman Caster opened the floor to receive nominations.
Commissioner Davis nominated Keith Suttle for reappointment. The nomination was
seconded by Chairman Caster.
Commissioner Davis nominated Ruby Freeman. The nomination was seconded by
Commissioner Birzenieks.
There being no further nominations, Chairman Caster closed the nominations.
Vote:
Upon vote, the Board voted UNANIMOUSLY to reappoint Keith H. Suttle to serve a 3-year
term on the Parks and Recreation Advisory Board to expire June 30, 2003, and to appoint Ruby
Freemen to serve a 3-year term on the Parks and Recreation Advisory Board to expire June 30, 2003.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened at 12:18 p.m. to hold a meeting of the Water and Sewer District.
Chairman Caster reconvened to Regular Session at 12:28 p.m.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
2000 BOARD OF EQUALIZATION AND REVIEW
Chairman Caster convened from Regular Session at 12:29 p.m. to hold a meeting of the 2000
Board of Equalization and Review.
Chairman Caster reconvened to Regular Session at 12:35p.m.
APPOINTMENT OF WILLIAM A. CASTER AS THE VOTING DELEGATE FOR THE
NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS ANNUAL
CONFERENCE
Chairman Caster requested the Board to appoint a County Commissioner to serve as the
Voting Delegate for the N. C. Association of County Commissioners Annual Conference to be held
in Durham, North Carolina, from August 10-13, 2000.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to appoint
William A. Caster to serve as the Voting Delegate for the N. C. Association of County
Commissioners Annual Conference. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Discussion of Increasing Stipend to Members of ABC Board
Commissioner Birzenieks referenced the small stipend paid to members of the ABC Board
and he requested the County Manager to check into when the last increase was given to members
serving on this Board.
County Manager O’Neal advised that he would be glad to check into the matter; however,
an increase in the stipend would have to be part of the ABC Budget, not the County budget.
After further discussion of the need to review the stipend paid to members of other appointed
boards and committees, the County Manager was requested to perform a survey statewide to be sure
that New Hanover County was competitive.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 20
ADDITIONAL ITEMS - COUNTY MANAGER
Consideration of Draft Agreement with the U. S. Army Corps of Engineers for Maintenance
of the Mason Inlet Relocation Project, Including Shoaling of the Atlantic Intracoastal
Waterway
Chairman Caster requested direction from the Board on the draft contract with the Corps of
Engineers for Maintenance of the Mason Inlet Relocation.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Davis, to deny the contract.
Chairman Caster opened the floor for discussion.
Assistant County Manager Dave Weaver reported that the action requested was in response
to the comments recently received from the Corps of Engineers concerning the Environmental
Assessment for the Mason Inlet Relocation. The basic agreement was approved in February 2000,
with the exception of Appendix A which deals with the possibility of the County being required to
perform shoal maintenance of the Atlantic Intracoastal Waterway where Mason Creek will connect
into the waterway. This appendix was included by the Corps to assure that New Hanover County
would perform the maintenance in this area if it should become necessary. According to the engineer
involved in the project, it would be unlikely for any significant shoaling to occur. The cost for
performing maintenance has been included in the engineer’s estimated cost for the project. This is
a minor issue in the overall scheme of the project.
Commissioner Howell asked if the money had already been budgeted and the property owners
have agreed to pay for the shoal maintenance if needed.
Assistant County Manager Weaver responded that the maintenance had been included in the
project cost, but it is difficult to predict a cost figure until the project is completed. Based on the
design of the dredging, the shoaling should be a small amount of money. He noted that he was not
sure the property owners are aware of the additional cost.
Mr. Frank Pinkston, Chairman of the Mason Inlet Preservation Group (MIPG), informed the
Board that the benefitted property owners did not anticipate having to pay for shoal maintenance as
a result of the inlet relocation project. This issue has been presented by the Corps of Engineers as a
potential cost that could occur, and the agency is insisting on being protected from assuming this cost.
If the appendix is not approved, it could jeopardize the project; however, if shoaling should occur,
the benefitted property owners will have to pay the cost.
Commissioner Birzenieks expressed concern for the Corps of Engineers dredging behind
Figure Eight Island, which accelerated the migration rate of Mason Inlet southward that has
jeopardized all properties along this stretch of Wrightsville Beach. No responsibility has been
assumed by the Corps and now New Hanover County is being requested to pay for the dredging,
maintenance of the inlet and now shoal maintenance into the Intracoastal Waterway, which is a
federal responsibility. He said a line has to be drawn on this project, and a message should be sent
to the Corps and to the U. S. Congress about the manner in which this project has been handled.
Substitute Motion:
After discussion of the concept of the project being the best solution to the inlet
migration problem with the benefitted property owners paying the project cost, Chairman Caster
MOVED, SECONDED by Commissioner Howell, to approve the draft contract as amended, which
includes the shoal maintenance of the Atlantic Intracoastal Waterway.
Commissioner Davis expressed concern for the potential liability to the taxpayers and stated
this was an example of the liability that could be incurred by the County. It is hoped the people will
be able to pay for the project cost and the sand can be sold.
Mr. Pinkston explained that the benefitted property owners would be responsible for the cost
of the project through tax bills.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 21
Chairman Caster called for a vote on the substitute motion to approve the draft contract as
amended. Upon vote, the MOTION FAILED by a 2 to 3:
Voting Aye:Chairman Caster
Commissioner Howell
Voting Nay:Vice-Chairman Greer
Commissioner Birzenieks
Commissioner Davis
Chairman Caster called for a vote on the original motion for denial.
Commissioner Birzenieks commented on the original motion and asked Vice-Chairman Greer
if the amendment is removed from the contract, would he approve the contract.
Vice-Chairman Greer responded that he would be in favor of the contract without the shoal
maintenance requirement. He also spoke on discussing this issue with an official in the U. S. Coast
Guard located in Washington, D. C., and was informed that the Corps frequently requests additional
items to avoid costs to this agency.
Commissioner Birzenieks requested Vice-Chairman Greer to amend his motion to approve
the contract without the amendment.
Vice-Chairman Greer responded that the contract had already been approved without the
amendment. He stated, for the record, he made the motion to deny the amended contract because
he felt it was not the responsibility of the County to become involved with dredging the Atlantic
Intracoastal Waterway.
Assistant County Manager Weaver said the County would not actually dredge the Atlantic
Intracoastal Waterway. This dredging would be performed by the Corps of Engineers with a pro-
rated cost paid by the County based upon the amount of shoaling that could occur.
Commissioner Birzenieks expressed concern for confusion about the amount of shoaling that
had occurred and what the fair share should be for New Hanover County. He also emphasized the
importance of everyone understanding that New Hanover County is not in the dredging business.
This is the responsibility of the federal government.
Chairman Caster responded that the County was not in the dredging business, but the cost
was being paid by the benefitted homeowners, not New Hanover County.
Mr. Pinkston informed the Board that he did not disagree with the decision made by the
Board, but he was concerned about the project being jeopardized by this action. He asked if this
action becomes a problem with the Corps and the permit is not approved unless the amendment is
included in the contract, would the Board be willing to re-visit this request to avoid denial of the
project.
After discussion, the Board agreed to re-visit the issue if it appears the project will be denied
by the Corps.
Chairman Caster called for a vote on the original motion to deny the appendix to the contract.
Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows:
Voting Aye:Vice-Chairman Greer
Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Voting Nay:Chairman Caster
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 22
Vice-Chairman Greer stressed the importance of Mr. Pinkston and the benefitted property
owners understanding that he is in favor of the project, but felt the request by the Corps is not
reasonable.
Mr. Pinkston advised he understood the reason for this action taken and stated it had been
quite difficult to meet the demands of the Corps.
MEETING RECESSED FOR LUNCH
Chairman Caster recessed the meeting for lunch at 12:20 p.m. until 1:10 p.m.
Chairman Caster called the meeting back to order.
ADDITIONAL ITEMS - CONTINUED
Acceptance of Juvenile Accountability Incentive Block Grant for FY 2000-2001 for Family
Services of the Lower Cape Fear and Acceptance of Victims of Crime Assistance Grant for FY
2000-2001 for the Cape Crisis Center
County Manager O’Neal requested the Board to accept the Juvenile Accountability Incentive
Block Grant and Victims of Crime Assistance Grant for FY 2000-2001. No County match is
required.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to accept the
grant award from the Governor’s Crime Commission in the amount of $126,047.25 for Family
Services of the Lower Cape Fear and $117,075.20 for the Rape Crisis Center. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Acceptance of Drug Treatment Court Grant from the State Administrative Office of the
Courts and Approval of Associated Budget Amendment #00-0209
County Manager O’Neal requested the Board to accept the Drug Treatment Court Grant from
the State Administrative Office of the Courts. New Hanover County contracts with Coastal Horizons
to operate the program and the funds must be spent by June 30, 2000.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to accept
the grant in the amount of $15,000 for the Drug Treatment Court and to approve the associated
budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #00-0209 - Drug Court
AdjustmentDebitCredit
Administrative Office of the Courts $15,000
Contracted Services$15,000
Explanation:
To increase the budget for additional grant funds awarded to the County for the Drug
Treatment Court Program.
Discussion of Plaques for the Northeast Regional Library
County Manager O’Neal presented a copy of the proposed wording of the plaques to be
placed in the entrance to the Northeast Regional Library.
Chairman Caster asked what date would be used on the plaques.
County Manager O’Neal advised that the date of the grand opening will be used on the
plaques.
After further discussion, County Manager O’Neal requested each member of the Board to
review the wording and notify him of any proposed changes no later than tomorrow afternoon.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 23
Approval of Time Change for the Regular Meeting of the Board to be held on July 10, 2000
County Manager O’Neal commented on the number of items and public hearings scheduled
for the July 10 meeting, and he suggested beginning the meeting at 5:00 p.m. instead of 6:30 p.m.
Consensus:
It was the consensus of the Board for the meeting to begin at 5:00 p.m. on July 10, 2000.
ADJOURNMENT
Chairman Caster called for a motion to adjourn the meeting.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adjourn the
meeting. Upon vote the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 1:25 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board
MINUTES OF DRAINAGE WORK SESSION
The New Hanover County Board of Commissioners met in Special Session on Monday, June
19, 2000, at 1:26 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, North Carolina.
Members present were: Chairman William A. Caster, presiding; Vice-Chairman Robert G.
Greer; Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner Charles R.
Howell; and County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the
Board, Lucie F. Harrell.
Chairman Caster called the meeting to order and welcomed everyone present. He advised that
the purpose of the meeting was to hear a presentation from W. K. Dickson, Inc. on New Hanover
County Storm Water Management Ordinance and Design Manual.
Mr. Dan Dawson, representing W. K. Dickson, Inc., expressed appreciation to the Board of
County Commissioners and County Staff for the effort given to develop the proposed Storm Water
Management Ordinance and Design Manual.
Mr. Dawson informed the Board that the first phase of the project was to perform an
assessment of the current drainage programs in New Hanover County. This was accomplished by
holding Staff Meetings to identify problems and develop a detailed analysis of the Hidden
Valley/Crosswinds area. Over 150 issues, concerns, goals and objectives were identified and basic
direction was received from the Board of County Commissioners for developing the Storm Water
Management Ordinance in March 2000.
The Storm Water Management Ordinance and program for New Hanover County has been
prepared to be consistent with EPA regulations and the Phase II NPDES Program. Under the Phase
II program, smaller areas will be included in the regulations, and it is felt that New Hanover County
and the City of Wilmington will become part of the program. Once the State finalizes the guidelines,
more information will be available on when and how the Phase II NPDES program will be
implemented.
The following objectives will be accomplished under the proposed ordinance:
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Establishment of a Drainage Management Ordinance.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 24
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Establishment of an application review and construction authorization process.
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Establishment of an assessment program to allow neighborhoods to resolve drainage problems
through a mechanism whereby residents can request the County to lend management
assistance and pay for the project through an assessment.
The proposed ordinance not only covers existing development, but addresses new
development. The ordinance is not based on funding from a storm water utility or specific tax;
therefore, fees have been developed, such as application fees, review fees, etc., to assist with funding
the additional time required by Staff to administer the program.
Subdivision regulations currently require that post development runoff not exceed the pre-
development runoff rate for 2 and 10 year storms. The new requirements are designed for the 25 year
storm event and commercial development and non-subdivision development will have to comply to
the regulations. Any development with 10,000 square feet of impervious area will require the project
to treat and manage storm water in accordance with the new regulations. The new regulations will
also encourage Best Management Practices.
In order to determine the impact of the new regulations on site plans, flow rates must be
calculated, the volume of water accumulated, and the reaction of soil types to rainfalls. Watersheds
in the northern part of the County drain more quickly because of soil types and high water tables that
do not allow the ground to absorb as much water from rainfalls compared to watersheds in the
southern part of the County.
The following chart was presented to show how a site will be affected by the proposed
regulations:
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Single-family residential homes on lots of record when the Storm Water Ordinance becomes
effective will experience no change. Lots created after the effective date will be required to
comply to the new ordinance.
?
Commercial sites with 10,000 square feet of impervious surface on less than 1 acre of
disturbed land will experience no change under the new ordinance.
?
Detention Requirements: Commercial developments with 10,000 square feet of impervious
surface in the northern part of the county will require 1,400 cubic feet of water to be detained
on the site and released at a slow rate. In the southern part of the county, 4,300 cubic feet
of water would have to be retained since the site would basically have no runoff because of
sandy soils and deep water tables.
?
In a subdivision comprised of 10 acres, the regulations will require 2 and 10 year pre-
development runoff rates to be maintained for post development conditions. The detention
requirements for the northern part of the county range from 16,200 cubic feet up to 17,100
cubic feet. In the southern part of the county the range is from 37,600 cubic feet up to
43,600 cubic feet.
Discussion followed on the impact of the proposed regulations on the development of a
subdivision. Mr. Dawson explained that if a subdivision disturbs more than 1 acre of land, a State
review, County erosion control review, and storm water regulations review must be made to ensure
the project complies to all regulations. Under the new ordinance, the 25 year storm event will have
to be addressed, and designers will be requested to determine the size of culverts needed for a 100
year storm event to indicate how the water will flow and determine the water surface elevations
during this type of event. These figures can then be noted on plats so property owners purchasing
homes will know the minimum floor elevation to be out of the 100 year storm event.
In concluding the presentation, Mr. Dawson advised that a majority of the problems in New
Hanover County are related to small drainage problems that have not been managed, and he noted
that the proposed ordinance attempts to manage these areas.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 25
Commissioner Birzenieks asked what the estimated cost would be to adopt and implement
the proposed ordinance.
Mr. Dawson responded that it would be impossible to quote a cost figure; however, the
proposed ordinance will begin to efficiently address drainage.
A lengthy discussion was held on the certification for development and the authorization to
construct forms. Mr. Dawson explained that under the new ordinance, the responsibility of drainage
is placed on the property owners. If a property owner wants to modify a site, the threshhold will be
10,000 square feet of impervious runoff. The owner and design professional will have to prepare the
plan for the proposed improvements as outlined in the Storm Water Management Ordinance and
Manual. The owner will submit the application and supporting documents to the County with a
certification statements from the design professional and the owner. The forms used will certify that
the site plan has been prepared in accordance with the Storm Water Management Ordinance, and the
property owner will certify that he or she will accept full responsibility for construction, operation,
and maintenance of the proposed plan.
The plan submitted will then be reviewed by County Staff to be sure the documents are
consistent with the Storm Water Management Ordinance and Design Manual of New Hanover
County. If the plan is acceptable, the County will issue an Authorization to Construct, which states
the property of the storm water facility cannot be transferred unless authorized by the County. The
ordinance focuses on placing the responsibility of compliance on the developer with operation and
maintenance of the storm water facility by the property owner. This procedure will remove the
County from being responsible for maintaining drainage problems on private property.
Commissioner Birzenieks requested an explanation of how the average citizen will be affected
by the Storm Water Management Ordinance after the next hurricane.
Mr. Dawson responded that the proposed ordinance will affect all property owners in New
Hanover County regarding cleaning out drainage ditches and maintaining yards.
Commissioner Howell noted that in the last three years, five major storm events have caused
flooding in New Hanover County. He stated that adoption of a Storm Water Management Ordinance
will not alleviate flooding during hurricane events, but the ordinance should assist with better
management of drainage from average rainfalls.
Chairman Caster commented on the restrictions placed on cleaning out ditches by the Corps
of Engineers, and he asked what happens if the property owner violates these regulations.
Mr. Dawson responded that since the property owner is responsible for cleaning out the
drainage ditch under an approved Storm Water Management program for New Hanover County, the
Corps may look more favorably upon this issue. He advised that the Legal Department would have
to become involved if this became a problem.
Vice-Chairman Greer referenced Pages 14 and 15, which deal with disposal of yard waste and
mattresses, and he requested an explanation of why this section was placed in the Storm Water
Management Ordinance when disposal issues are addressed in other county ordinances.
Mr. Dawson referenced illegal dumping and stated when submitting a NDPES application and
review, Staff will be asked how New Hanover County is dealing with disposal of yard waste or large
items, such as mattresses. This issue will have to be addressed in the ordinance or in supplements
with components of other ordinances.
County Manager O’Neal advised that an effort had been made to develop a comprehensive
ordinance that will deal with drainage in more than one direction. As referenced by Mr. Dawson, part
of the problem is illegal dumping and irresponsible property owners who will place a TV in a ditch
instead of properly disposing of it. The Board is not being requested to take action on the proposed
ordinance, but a Work Session should be held for discussion of proposed ordinance.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 26
Vice-Chairman Greer commented on past problems dealing with yard waste and stated since
the incinerator does not want yard waste, it has become difficult for people to dispose of this material
other than burn leaves and grass clippings. He suggested having a procedure in place for disposal of
yard waste before adopting regulations on where yard waste can be placed.
Mr. Dawson agreed with Vice-Chairman Greer and stated the proposed ordinance was based
upon NPDES requirements, which means some of the regulations should be implemented in phases.
This does not mean that an ordinance cannot be adopted that would be applicable for today until the
Phase II NPDES program is developed.
Discussion was held on the cost of fees. Vice-Chairman Greer referenced application fees and
asked how much the fee would be for 10 acres of property.
Mr. Dawson responded that the fee would be $250 for an area up to 10 acres and $500 for
10 acres up to 50 acres.
Chairman Caster advised that he would like to hear from the members of the Planning Board.
He also noted that Mr. Bill Grathwol, a local developer, would like to comment.
Mr. Bill Grathwol stated that other counties with drainage management ordinances usually
have criteria for managing storm water within the county system. It appears that New Hanover
County is trying to adopt this ordinance in lieu of taking any responsibility for managing storm
water. He said if this concept is adopted, the Board will be making a mistake. For example, if an
individual purchases a parcel of land and decides to develop the site, the property is divided into lots
and sold. Since the land in New Hanover County is flat, a majority of lots will have at least one
drainage ditch or easement that will have to be maintained by the property owner. To require the
developer to install drainage amenities and then secure the signature of each property owner on a
document which transfers the responsibility of maintaining the drainage facility to the property owner
relieving the county of this task is not an easy job. Currently, the N. C. Division of Environmental
Management requires the developer to obtain signatures of the new property owners. If the County
adopts the proposed ordinance, it will become a more complicated process for the property owner
and developer with no effort by New Hanover County. The solution is for New Hanover County to
become involved in the drainage business. The amount of involvement will have to be determined
by the Board of County Commissioners and Staff. Adopting an ordinance to place the drainage
responsibility on everyone else will create a problem in the future.
Commissioner Howell referenced Page 2 under Section 6.1 of the Storm Water Management
Ordinance, which reads as follows:
New Hanover County has a role in the management of storm water through authorization,
planning, construction, operation and maintenance of facilities to reduce the adverse effects
of storm water runoff and to satisfy state and federal statutes and regulations.
Commissioner Howell noted that this section shows that New Hanover County will be
involved in the drainage business.
Mr. Dawson advised that currently New Hanover County has already undertaken some
drainage work by cleaning out ditches. Section IX, Page 7, which allows neighborhoods to perform
individual drainage problems and reads as follows:
9.1Property owners of single-family homes, townhouses and condominium properties can
request the County Commissioners to adopt a resolution that will allow storm water
improvement costs to be assessed against the property as a lien.
Assistant County Manager Weaver noted that New Hanover County does have a role in the
management of drainage through enforcement and review of development proposals. The County
is not required to actually perform the construction or maintenance of drainage improvements. If the
ordinance is adopted and the County becomes involved in the drainage business, this role may
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 27
increase in future years. He stressed the importance of everyone understanding that the proposed
ordinance will not relieve existing drainage problems, but it should keep these problems from getting
worse.
Mr. Rodney Harris, a member of the Planning Board, expressed appreciation to the Board for
holding a joint meeting with the Planning Board and reported that several issues need to be addressed
when the proposed ordinance is finalized. He presented the following points of concern:
?
Section 6.2 states the property owner of developed or undeveloped land shall be responsible
for maintaining storm water conveyance facilities, such as waterways, streams, creeks,
ditches, swales, channels, canals, conduits and culverts, and storm water control facilities,
such as ponds and lakes within their property.
Point of Concern: How will undeveloped property owned by persons living out of state be
involved in the process. This issue should be addressed.
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Section 7.4 Definitions states a facility means a storm water management facility and shall
include all land, materials, and appurtenances used in construction and operation of said
facility. Facilities include, but are not necessarily limited to construction wetlands, infiltration
systems, retention ponds, detention ponds, etc.
Point of Concern: Many neighborhoods have grass swales and ditches, which are not
mentioned under the definition of a facility. This issue should be addressed.
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Delineated Wetlands: Concern was expressed for the time involved with the Corps of
Engineers signing off on maps and final plats. The Corps has two weeks to sign off on plats
before authorization to construct can be received; however, this is not specifically stated in
the proposed ordinance. Frequently, it takes three to six months for the Corps to sign off on
these documents. This issue should be specifically addressed in the ordinance.
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Redevelopment: In a redevelopment situation, the impervious surface can be reduced to
decrease the storm water runoff and create a better environment; however, the proposed
ordinance requires the developer to go back to the raw land pre-imposed calculations.
Because of the cost involved with this calculation and storm water retention, the County may
lose an opportunity to create a more environmentally sensitive development because it would
be less expensive for the developer to go further out and construct the project on new land.
This issue should be addressed in the ordinance.
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In the Unified Development Ordinance review meeting, discussion has been held on bonding
for infrastructure. Currently, the County allows infrastructure to be bonded while the project
moves forward. Under the proposed ordinance, drainage improvements would have to be
completed with accompanying infrastructure such as water, sewer, curb and gutter, electricity
and cable connections. This removes the ability for small developers to construct a project.
If ordinance requirements become too stringent for property owners living in the county to
construct projects on their properties, national development companies will move in and
construct projects with little concern for environmental issues. If the regulations become too
rigid, these developers will leave town and leave the county in a bad situation. It is important
for small local developers have the ability to develop property. The bond provision needs
to be addressed.
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The transfers of rights from one entity to another is no problem, but the homeowners
association documents should inform new buyers that they will be responsible for maintaining
roads, drainage, and etc. so there will be no doubt about which party is responsible.
In closing, Mr. Harris stated he would also like time to review the information presented by
Mr. Dawson.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 28
Mr. Dave Girardot, a member of the Planning Board, commented on this being a good starting
point and said the public should be educated about their responsibilities, such as how to handle their
yard debris. He also suggested including a section in the ordinance explaining the responsibilities of
the County in maintaining clean water since municipal wastewater systems have become a serious
problem.
Chairman Caster commented on living in Lansdowne without a homeowners association and
stated to his knowledge, no flooding has occurred in this subdivision. There are ditches running
through Lansdowne that back up to some lots, but not others. He asked if the proposed ordinance
is approved, will the people with ditches on their lots be responsible for maintaining and cleaning out
those ditches. Also, in the Middle Sound area, there are large parcels of undeveloped land with
ditches that have not been cleaned out since the hurricanes. Some of this undeveloped land is owned
by absentee property owners, who have not cleaned out the ditches. Many of the residents of Middle
Sound feel if the ditches on undeveloped land were cleaned and maintained, the flooding problems
would be reduced. Under the proposed ordinance, the owners of undeveloped properties would
become responsible for cleaning and maintaining the ditches.
After agreeing with the statement made by Chairman Caster, Mr. Dawson stated if a level of
nuisance was reached on undeveloped property, the County could clean the ditches and assess the
property owner for the cost.
Discussion was held on whether drainage districts could be established in the unincorporated
county. County Attorney Copley advised that drainage districts must be established at the beginning
of the fiscal year; however, decisions would have to be rendered on whether to include the proposed
annex areas in the drainage district, which could later require refunds.
Mr. Dawson noted that discussion was held on the County requiring the same type of
ordinance that has been adopted by the City. The proposed ordinance is stronger because the City
does not require the 25 year storm event to be addressed. The concern about flooding and notifying
future property owners about a lot being susceptible to flooding in a 100 year event should be
included so future owners will know the flood elevation required for a home.
Further discussion was held on the individual or department in the county that will be
responsible for enforcing the Storm Water Management Ordinance. Mr. Dawson advised that
enforcement will be comprised of identifying violations and seeking remedies for the violations. The
Board of County Commissioners will have to decide on how aggressive the County will be in
implementing the drainage management program. When this issue was discussed by the group, it was
felt that the program should not be funded by fines charged to violators. It was determined that
enforcement could be distributed among departments, Engineering, Legal, Finance, Code
Enforcement , Environmental Management, EMS, etc.; however, the group decided to reference New
Hanover County as the enforcement entity. It might be beneficial to better clarify this section and list
the various departments.
Mr. John Galarde expressed concern for not clearly defining who will be the lead agency for
enforcement so everyone will understand their responsibilities. There could be a compromise
whereby the County could be involved in a portion of the storm water management program and the
property owner could also share in the responsibility. Situations will occur when an individual will
not be able to access property and clean a ditch because of CAMA and the Corps of Engineers
regulations. Another item to consider is mapping drainage areas to know where the drainage is
discharging. Some of the older neighborhoods had ditches in front yards where the impervious
surface runoff will go directly in the ditch. Many residents have filled in ditches with or without
culverts. These are the items that should be considered.
Mr. Dawson noted that fundamental items should be further discussed to provide an ordinance
and manual for the best actions to be taken at this time. If it is decided that the County should not
try to satisfy the Phase II NPDES program before it is implemented, the standards and design
procedures and techniques in the proposed ordinance should be adopted to better manage drainage
in the county.
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 29
Assistant County Manager Weaver complimented Mr. Dawson for an excellent job in drafting
an ordinance that will be a self-implementing ordinance to better manage drainage. He advised that
enforcement of the ordinance will require additional staff.
A lengthy discussion was held on the difference between a 10 year and 25 year storm. County
Engineer Jim Craig explained that currently many different methods are used to control drainage in
residential subdivisions. There are other methods that are more stringent which require larger pipes
or more retention ponds to handle the 25 year storm event, which is 8 inches of rain. The proposed
ordinance does contain the assessment for the 100 year storm event, which requires additional
engineering to provide the elevation necessary when the lot is being prepared for construction. The
engineering is more costly, but the developer will know how much fill is needed on the lot to prevent
flooding. Retention and detention ponds are more costly and require more engineering. The
proposed ordinance will require the developer to have the drainage infrastructure in place prior to the
final plat. The question is whether this infrastructure requirement will be good or bad.
Mr. Harper Peterson, a resident of 212 Orange Street, spoke on the relationship between
property developed and property to be developed. He referenced the Pages Creek Study performed
by Mr. Dawson three years ago, which identified approximately $36-$40 million in drainage remedial
needs in that watershed, and stated these are existing problems. To prepare a Storm Water
Management Ordinance that will not improve existing drainage is only half of the solution. Many of
the watersheds are shared with the City; therefore, the County should consider partnering with the
City on a Storm Water Management Program, ordinances, and management to address existing and
future problems.
Mr. Peterson stated that an example of problems occurring from existing development is the
Hewlett’s Creek watershed and the effect of upstream development on Pine Valley. The storm water
runoff flowed down stream and created tremendous drainage problems in the Pine Valley area. The
County should focus on existing problems and carrying out the recommendations in the Pages Creek
Study, which will require culverts and subdivision design requirements. In many sections of the
County, there are drainage problems with 5 and 10 year storm events, which means the proposed
ordinance should provide some type of relief to these areas.
Commissioner Birzenieks commented on the draft ordinance being a good first step and he
complimented Mr. Dawson for an excellent job. He suggested that Mr. Dawson should meet with
the Planning Board to thoroughly review the proposed ordinance and make necessary additions and
deletions. Once this process has been completed, the Planning Board can present the revised
ordinance to the Board of County Commissioners for review and discussion. Commissioner
Birzenieks stated this was just another reason for consolidation of City and County governments.
Discussion followed on the time needed to review the proposed ordinance. Chairman Caster
suggested holding public hearings to receive input from all sections of the County, particularly the
Middle Sound area. He stressed the importance of presenting the facts to the citizens.
Mr. Dawson explained that issues, concerns, goals, and objectives identified at the beginning
of the study were reviewed and a majority of these items will be addressed by the proposed ordinance
and manual; however, it was not possible to include all items. A list was made of these items and
once funding is available, these recommendations can be incorporated into the ordinance. The
proposed ordinance is aggressive and was provided based on the direction provided by the Board of
County Commissioners. The Phase II NPDES program will be implemented in the near future, but
the standards and procedures in the proposed ordinance meet the 10 year storm event, which is a 24
hour storm with a total of 7 inches. The 25 year event is a total of 8 inches over 24 hours. An option
to consider is to address the 10 year storm instead of the 25 year event and formalize the existing
drainage program. Most of drainage problems, particularly along Pages Creek, come from
development of homes overlooking the waterway. When trying to address this problem, the cost of
waterfront real estate has to be considered when trying to recapture the water quality.
Mr. Dawson suggested allowing the Planning Board to meet and decide if the proposed
ordinance should address 10 or 25 year storm events and if anticipated Phase II NPDES requirements
MINUTES OF REGULAR MEETING MONDAY, JUNE 19, 2000 BOOK 28
AND SPECIAL DRAINAGE MEETING, JUNE 19, 2000PAGE 30
should be considered as part of the document. Once these decisions are made, a great deal of
discussion will be eliminated and an ordinance can be prepared for implementation.
Chairman Caster stressed the importance of developing a Storm Water Management
Ordinance that can be implemented to help with drainage throughout the unincorporated county.
Discussion was held on the time frame needed by the Planning Board to meet with Mr.
Dawson to review the proposed ordinance. County Manager O’Neal advised that Staff will prepare
a guideline for moving through the process to be presented to the Board on July 10, 2000.
Commissioner Birzenieks stated that he would like to see a final document within the next 90
days.
Commissioner Howell expressed concern for the public thinking that existing drainage
regulations are not effective. He noted that drainage improvements in new subdivisions are working
well, but storm water runoff quite often moves to another location, which is a problem that needs to
be addressed. Commissioner Howell also stated that a majority of drainage problems will be with
maintenance of existing structures and drainage ways. A great deal of money will be needed to
resolve this problem, and the property owners will have to decide the amount of taxes they can pay
to make these improvements.
Mr. Dawson agreed with Mr. Howell and stated the people should understand this will be a
costly process.
Commissioner Davis asked if the ordinance could be voted on in the month of September.
County Manager O’Neal responded that he felt this would be possible.
ADJOURNMENT
Chairman Caster expressed appreciation to Mr. Dawson for the report, and adjourned the
meeting at 3:10 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board