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1997-11-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 180 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 3, 1997, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Vice-Chairman William A. Caster; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Carl Holiday, Pastor of the House of Praise, gave the invocation. Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved for anyone from the public to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. APPROVAL OF CONSENT AGENDA Vice-Chairman Caster asked if the funding for the Coastal Horizon's Open House, as listed under Consent Agenda Item 6, would resolve the problems expressed by Ms. Margaret Weller- Stargell? Commissioner Birzenieks responded the transfer of funds as proposed under Item 6 would resolve the problems and provide a more efficient system by eliminating some of the bureaucracy. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes for the Regular Meeting of October 6, 1997, and the Emergency Meeting of October 16, 1997, as presented by the Clerk to the Board. Approval of Contract #98-0151 with American Uniform Sales, Inc. to Purchase Body Armor Vests - Sheriff's Department The Commissioners awarded the bid and contract to American Uniform Sales, Inc., the lowest responsible bidder, in the amount of $26,145 for the purchase of armor vests for the Sheriff's Department. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 9. Approval of Budget Amendments #97-0059, #97-0060, and #97-0061 for the Department of Aging The Commissioners approved the following budget amendments for the Department of Aging to budget additional revenue received: Budget Amendment #97-0059 - Aging/Senior Center Debit Credit Aging/Senior Center Title III Health Grant Other Improvements $6,818 $6,818 Purpose: To adjust budget to reflect grant award for walking trail at the Senior Center. Budget Amendment #98-0060 - Department of Aging NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 26 REGULAR MEETING, NOVEMBER 3, 1997 PAGE 181 Debit Credit Aging/Transportation CDBG Social $15,000 Contracted Services $15,000 AgingINutrition- Home Delivered CDBG Home Delivered $23,423 Temporary Salaries $10,660 FICA 815 Contracted Services 8,948 Departmental Supplies 1,500 Volunteer Mileage 1,500 Aging/Care Management CDBG Social $ 9,000 Employment Reimbursement $ 9,000 Aging/In-Home Aid CDBG Social $20,560 Contracted Services $20,560 Aging/Adult Day Care CDBG Social $17,640 Contracted Services $17,640 Purpose: To increase budget to reflect additional funds authorized by the General Assembly for the Home and Community Care Block grants. Budget Amendment #97-0061 - Aging/Senior Center Debit Credit Aging/Senior Center Title III Health Grant Title III Health Grant $3,242 $3,242 Purpose: To adjust budget to reflect the actual grant award of $8,242 from Title III-F Health Promotion Grant. A figure of$5,000 was projected in the budget for this grant. Approval of Additional Payment to Well Care & Nursing, Inc. for In-Home Services to Elderly Persons The Commissioners approved a payment of$13,601.56 to Well Care & Nursing, Inc., the contracted agency that provides In-Home Aide Services to the elderly. The contract was extended through September 30, 1997, to allow the Department of Aging to complete the bidding process for In-Home Aide Services for FY 1997-98. During this time, Well Care exceeded the contracted amount of $45,3 16.00 by $13,601.56. The Department of Aging was concerned about the elderly going without services and requested Well Care to provide service for the month of September; therefore, it was felt the company should be paid. Adoption of Resolution to Award Bid and Approve Contract #98-0152 with Harley Davidson for Purchase of Six (6) 1998 Motorcycles and Sale of Five (5) Motorcycles as Trade-In and Approve Associated Budget Amendment #98-19 The Commissioners adopted a resolution awarding the bid and approving a contract with Harley Davidson for the purchase of six (6) 1998 motorcycles at a cost of $72,000, approve the sale offive (5) 1996 motorcycles as a trade-in allowance in the amount of $60,000 resulting in a net amount of$12,000, and approve the associated budget amendment as listed below. A copy of the resolution is hereby incorporated as a part of the minutes and contained in Exhibit Book XXIV, Page 9. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 182 Budget Amendment #98-19 Federal Forfeited Property - Capital Project Debit Credit Federal Forfeited Property Federal Forfeited Property $60,000 Capital Project Expense $60,000 Purpose: To increase the budget for the trade-in allowance for five (5) Harley Davidson motorcycles (Bid #98-0152) purchased originally with Federal Forfeited Property funds. Adoption of Resolution Authorizing the No Cost Transfer of Two Lots to Wilmington Housing Finance and Development The Commissioners adopted a resolution transferring the following lots owned jointly by the City and County to Wilmington Housing Finance and Development, Inc. for demolishing the structures and constructing a house or placing a pre-built house on each lot: (1) Parcel 049-13-003-007.000, 3301 Princess Place Drive (2) Parcel 054-13-024-011.000, 705 Kidder Street A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 9. Approval of Budget Amendment #98-0056 to Transfer CBA Funds from the Coastal Horizon's Open House Program to the Department of Social Services and Transfer County Funds from the Department of Social Services to the Coastal Horizon's Open House Program The Commissioners approved the following budget amendment to provide funding to the Coastal Horizon's Open House Program through direct allocation of County funds. The State Community Based Alternatives (CBA) funding is designed to provide services to juveniles involved with the court system. Coastal Horizon's Open House Program currently receives CBA funds, but has continuing problems with meeting the 50% requirement of clients served by court-referred New Hanover County residents. This problem can be avoided by funding Open House through a direct allocation of county funds and increasing the CBA funding to DSS by the same amount for the group homes that serve qualifying youths. Budget Amendment #98-0056 - Various Debit Credit Social Services/State & AFDC Foster Homes CBA Grants $51,198 Community Based Alternatives Agencies Coastal Horizon's Open House Program CBA Grants 51,198 $51,198 General Fund Outside AgenciesIHuman Services Coastal Horizon's Open House Program $51,198 Approval of Budget Amendment #98-17 - Federal Forfeited Property - Sheriff's Department The Commissioners approved the following budget amendment: #98-17 Federal Forfeited Property Capital Project Debit Credit Federal Forfeited Property $9,520 Capital Project Expense $9,520 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 183 Purpose: To increase the budget for additional revenue received October 10, 1997. Federal Forfeited Property funds are budged as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment 98-16 Controlled Substance Tax - Sheriff's Department The Commissioners approved the following budget amendment: #98-16 - Controlled Substance Tax Capital Project Debit Credit Controlled Substance Tax $5,575 Capital Project Expense $5,575 Purpose: To increase the budget for additional revenue received October 10, 1997. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #98-0057 - Various Departments The Commissioners approved the following budget amendment: #98-0057 Various Emergency Management Other Debit Credit $5,652 Departmental Supplies $1, 190 Emergency Medical Services Departmental Supplies $4,462 Fire District/Fire Departments Other $ 380 Winter Park Volunteer Fire Department $ 380 Purpose: To budget reimbursement for a hazard material coordination response incident involving a ship at the State Ports. Approval of Budget Amendment #97-0058 - General Fund/Sheriff/ Administration/911 Center Emergency Telephone Fund/Sheriff Administration The Commissioners approved the following budget amendment: #97-0058 General Fund/Sheriff/Administration/911 Center Debit Credit General Fund/Sheriff Administration Operating Transfer In (from Emergency Telephone Fund) $6,840 General Fund/Sheriff/911 Center Contracted Services $6,840 Emergency Telephone Fund/Sheriff Administration 911 Surcharge $6,840 Transfer to General Fund $6,840 Purpose: To budget 911 surcharge funds for additional expenses related to emergency service zones. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 184 PRESENTATION ON THE REPORT OF THE COMMUNITY ARTS COMMITTEE Ms. Susan Dankel, Director of Administrative Services for the City of Wilmington and Chairman of the Community Arts Committee, reported the Community Arts Committee had worked diligently for the past four months to prepare its recommendations. The Committee held ten meetings, conducted a survey of the arts organizations, held a public meeting, and visited a number of sites in the community. All recommendations proposed by the Committee were arrived through consensus. It was not necessary to vote because all members of the Committee were comfortable with the recommendations. Ms. Dankel advised the Committee believes that the arts are important to the life and well- being of the entire community. The strength of the arts in Wilmington is a strong contributor to our quality of life. In strengthening the arts, our community becomes healthier and more viable. The growth of the arts and the consequent need for additional facilities is not a problem; it is a sign of vitality. The Community Arts Committee is pleased to report that the arts are growing, and the Committee was appreciative of having an opportunity to reflect on this growth and to offer suggestions for ways to support and enhance the artistic endeavors of our community. The Community Arts Committee finds that additional facilities are needed to accommodate the growing arts organizations and programs in Wilmington. The Committee recommends that appropriate partnerships be formed to carry out the following recommendations: 1. Improvements to the Community Arts Center at Second and Orange Streets. 2. Renovation of the former St. Andrews Church and Fitness Center on North Fourth Street. 3. Construction of the new St. John's Museum of Art. 4. Continuation of visual arts classes and exhibition space downtown. 5. Construction of new music performance hall. 6. Improvements to Greenfield Amphitheatre. 7. Provision of public art spaces as part of the Water Street parking deck redevelopment. In closing, Ms. Dankel expressed appreciation to the Commissioners for appointing members to the Community Arts Committee. She advised that both members, along with other members of the committee, worked hard to prepare the report. The Committee is ready to assist the Commissioners in implementation of the report. Vice-Chairman Caster asked what building was being used for the current visual arts classes in the downtown area? Ms. Dankel responded the current visual arts classes are being held in St. John's Museum. With the museum's announced plans to move from downtown, the Community Arts Committee felt there should be a continuation of these activities in downtown Wilmington. These activities could be held at the Community Arts Center or on North Fourth Street. Vice-Chairman Caster commented on the on-going discussion of replacing the Water Street parking deck and asked if the deck would be public or a private/public venture? Ms. Dankel responded this project would be a private responsibility; however, there will be public land south of the Hilton as part of the City's agreement with the Hilton for parking space. Hopefully, some portion of this property as well as the redeveloped parking deck might provide outdoor art sculpture or some informal performance type space. This space could be located on public or private land. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 185 Commissioner Birzenieks commented on proposed financing for the recommendations involving the City, County, and a variety of organizations, and asked if the Committee specifically reviewed financing options such as grants and bonds for implementing the plan? Ms. Dankel responded the Committee did not have time to review financing options; however, this would be the next step in implementation of the plan. Chairman Greer, on behalf of the Board, expressed appreciation to Ms. Dankel for presenting the findings of the Community Arts Committee. DISCUSSION AND PRESENTATION OF SPACE NEEDS FOR THE SOUTHEASTERN CENTER Dr. Arthur F. Costantini, Area Director of the Southeastern Center, stated before presenting the findings of the space needs for the Southeastern Center, he would like to introduce two members of the Southeastern Center Board, Dr. Charles R. Vernon, and Ms. Mary Hatcher. Dr. Costantini reported the purpose of the presentation was to inform the Board of County Commissioners about space needs of the Southeastern Center and hopefully return in approximately two weeks with a request to approve the purchase of a building and assist the Center in arranging financing. He advised the Southeastern Center was desperately in need of additional space. Currently, the Southeastern Center occupies approximately 29,000 square feet of space on 17th Street, of which 18,000 square feet is located in the main building and 11,000 square feet in the Detox Center. In addition, the Center leases 20,000 square feet in various locations at a cost of$250,000 per year. The Center currently needs an additional 1 0,000 square feet immediately. Due to the lack of space, some services cannot be provided to meet the needs of clients. For example, there is a waiting list of three to four weeks for clients to see a psychiatrist. Funds are available in the current budget to hire an additional psychiatrist, but there is no space in the existing building for an office. The Southeastern Center needs 10,000 to 15,000 square feet immediately and another 10,000 to 15,000 square feet over a three-year period. After discussing the problem with the County Manager, the Southeastern Center was told to perform a space study to determine the exact space needed. The firm ofBMS Architects, PC, was hired to perform a study. The findings of the study indicate that Southeastern Center needs 51,000 square feet over the next three years, in addition to the 29,000 square feet of space on 17th Street. The study included a site review to see if it would be possible to expand the existing buildings. The following recommendations were presented: Solution A: Keep the Southeastern Center where it is located and build the needed additional space on the site. This option will leave the Center on the major transportation arteries that serve New Hanover Regional Medical Center which will require additional parking. The building would be expanded by 51,247 square feet of additional space to bring the existing 29,180 square feet up to 81,428 square feet of needed space. A two-level parking deck would have to be constructed to provide parking for 210 cars, and a two-story building would be constructed over the deck. The projected cost of this option is estimated at $7,250,000. The advantage of Solution A is that the Southeastern Center will remain on the same campus. The disadvantage of this option is an overly crowded campus. Solution A(I): This solution is the same as Solution A with the exception of parking. A parking deck would be constructed under the building. A two-story building would be constructed on the ground with the parking requirements being satisfied by use of the New Hanover Regional Medical Center parking structure on the northwest corner of the site. The projected cost of this option is estimated at $6,400,000. Solution B: This solution would relocate the Southeastern Center to another location. The advantage ofthis option would be selecting a parcel ofland that would accommodate the space needs and parking. The disadvantage is finding affordable land in New Hanover County. The projected costs to purchase five acres is $200,000 per acre. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 186 Dr. Costantini reported the Southeastern Center was negotiating with BellSouth to purchase the building on Shipyard Boulevard at a cost of$3,000,000. The building would provide space for the future and meet the parking requirements. In closing, Dr. Costantini stated in order to purchase the BellSouth Building, approval would be required from the New Hanover County Board of Commissioners, the Brunswick County Board of Commissioners, and the Pender County Board of Commissioners. If the negotiations are satisfactory, the Southeastern Center will appear before the Board again to request approval for the Center to purchase the BellSouth Building. Also, if the building is purchased, the Southeastern Center has funding available to pay for the structure; however, the Board of County Commissioners may have to assist with the financing mechanism used for the project. Commissioner Birzenieks congratulated Dr. Costantini and Commissioner Davis for pursuing the purchase of the BellSouth Building. He stated this option was economically feasible, provided adequate parking, and would move the Southeastern Center from an overly crowded campus. Vice-Chairman Caster requested an explanation of the benefits that would be lost with the Center being moved away from New Hanover Regional Medical Center? Dr. Costantini responded the Southeastern Center Board would have to be very selective in the services that should remain on the current campus, such as the Detox Center. Discussion was held on County funding. Dr. Costantini responded the Southeastern Center is not requesting the County to fund $50,000 per year; however, the Center needs assistance with arranging the financing. The purchase price of the building is $3,000,000, and the Center is trying to negotiate financing. The numbers in the agenda packet were prepared before the BellSouth Building became a possibility. Commissioner Davis requested an explanation of renovation costs to the BellSouth Building. Dr. Costantini responded approximately $250,000 to $500,000 would be needed to renovate one floor. The projected renovation cost is $27 per square foot. Once the Center is relocated, the amount of renovated space will be determined because many of the offices are in good condition. Commissioner Davis asked Dr. Costantini ifhe was in the position to inform the Board about the amount of money that will be needed. Dr. Costantini responded the Southeastern Center can pay $1,000,000 down with repayment of the balance over a two to three-year period. Commissioner Davis stressed the importance of the Board understanding that the Southeastern Center is willing to make a major commitment by providing a $1,000,000 down payment toward the amount to be borrowed, which will be the purchase price plus renovation costs. Also, the $500,000 the Center is willing to commit for debt service does not include the rent received from BellSouth for a period of three to five years. Vice-Chairman Caster asked if the two current buildings would be used by the Southeastern Center if the BellSouth Building was purchased. Dr. Costantini responded the buildings would be used to provide substance abuse services that must be located near the emergency room and Medical Center. Chairman Greer congratulated Dr. Costantini and the Southeastern Center Board for the excellent financial condition of the Southeastern Center, which was in a deficit situation when Dr. Costantini was hired as director. He stated he would be in favor of purchasing the BellSouth Building, but he was opposed to expanding the current building. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 187 Dr. Costantini expressed appreciation to the Board for allowing him to make the presentation and stated hopefully he would be back to request a formal approval of the project. PUBLIC HEARING SCHEDULED FOR INSTALLMENT FINANCING (CERTIFICATES OF PARTICIPATION) FOR CAPITAL IMPROVEMENT PROJECTS Chairman Greer opened the Public Hearing and reported that New Hanover County was considering installment financing (Certificates of Participation) for construction of sewer interceptors for Motts Creek, Ogden and NorthChase; the purchase ofland and a building for a branch library on Military Cut -Off Road; the acquisition of property at 102 North Fourth Street for the Sheriff's Department; the acquisition of a scraper pan the New Hanover County Landfill; and the refinancing of the acquisition of210 acres ofland between U. S. Highway 421 and River Road to be used for schools and parks. Chairman Greer asked if anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Chairman Greer requested the Board to adopt a resolution approving the installment financing for the following projects: 1. Construction of sewer interceptors. 2. Acquisition of real property for use by County law enforcement, which is the third floor of the BellSouth Building located on Princess Street. 3. Purchase of a scraper pan for the New Hanover County Landfill. 4. Acquisition ofland and building (the Hannaford Building) for use as a library. 5. Refinancing of the purchase of County land to be used for schools and parks. The County has proposed to finance these projects and refinance the County land purchase through an installment financing contract. The project sites, where applicable, will be the security interest for the financing. The County will also apply for municipal bond insurance to guarantee the payment. The New Hanover County Board of Commissioners has held a Public Hearing tonight to receive public comment on the desirability of the installment financing. The Board must now determine ifthis financing is required in order to maintain and enhance the County's ability to perform its public functions and benefit the County and its residents. Chairman Greer requested a motion to adopt the resolution authorizing the acquisition, construction, and equipping of projects as proposed, approve the submission of an application for approval of the installment financing contract to the Local Government Commission, and authorize such other acts deemed necessary and advisable to carry out the financing and refinancing. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 9. County Attorney Copley requested the Board to adopt a resolution to formally approve the financing team for the installment financing. Chairman Greer read the following resolution: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 188 WHEREAS, New Hanover County is entering into a NCGS 160A-20 installment financing for various projects that will benefit New Hanover County, and WHEREAS, New Hanover County is required to form a financing team composed of a bond counsel, underwriters, and a trustee to complete the financing. NOW, THEREFORE BE IT RESOLVED that the following legal and financial consultants shall represent New Hanover County in this financing: LeBoeuf, Lamb, Greene & MacRae, L.L.P. (Bond Counsel) 125 West 55th Street New York, New York 10019-5389 Craigie Incorporated (Underwriter) One First Union Center, Suite 2120 301 South College Street Charlotte, N. C. 28202 1. Lee Peeler & Company (Underwriter) Division of Morgan, Keegan & Company, Inc. 2525 Meridian Parkway Suite 210 Durham, N. C. 27713 First Citizens Bank & Trust Company (Trustee) 2917 Highwoods Boulevard Raleigh, N. C. 27604 Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to adopt the resolution as read. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF A PROCLAMATION DECLARING THE MONTH OF NOVEMBER 1997 AS "ADOPTION AWARENESS MONTH" IN NEW HANOVER COUNTY County Manager O'Neal advised a request had been received for the Board to adopt a resolution declaring the month of November 1997 as "Adoption Awareness Month" in New Hanover County. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt the proclamation as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 9. BREAK Chairman Greer called a break from 7:15 P.M. until 7:30 P.M. PUBLIC HEARING TO CONSIDER A REQUEST BY ADGER WILSON TO REZONE. 75 OF AN ACRE LOCATED AT 7730 AND 7754 MARKET STREET TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-610, 10/97) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to approve the applicant's petition as submitted in recognition of existing commercial zoning on the adjacent property. Staff suggested that Parcel F be included in the rezoning; however, the Planning Board disagreed feeling the owner should petition the change. Chairman Greer asked if the petitioner or anyone from the public would like to comment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 189 Mr. Adger Wilson, the petitioner, reported the property was a small infill site that was not rezoned with the original B-2 Business District. He advised the two parcels were adjacent to B-2 zoning on both sides, and he requested the parcels to be rezoned to B-2 Business. After hearing no further comments from the public, Chairman Greer closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to approve rezoning .75 of an acre located at 7730 and 7754 Market Street to B-2 Business from R-15 Residential since there is existing commercial zoning on the adjacent property. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO.5 OF NEW HANOVER COUNTY, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 5, Page 35. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO THE SAPONOS POINTE HOMEOWNERS ASSOCIATION TO CONSTRUCT A 32-SLIP COMMUNITY BOATING FACILITY ON A SITE LOCATED ON THE SOUTHSIDE OF RIVER ROAD SOUTHEAST OF EAST BANK LANDING (S-417, 10/97) Chairman Greer opened the Public Hearing and announced the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, Planning Director Steve MacCurry Herbert K. Shera Jim Glasgow Planning Director Hayes reported the Planning Board determined that the proposed marina could be built at this location with minimum impacts. The only issue raised by the Planning Board was concern for the size of a visitor parking lot adjoining the East Bank Landing Subdivision. A majority of the members felt the lot should be limited to minimize impacts on the neighborhood and to limit impervious coverage adjacent to sensitive marsh areas. After further discussion, the Planning Board voted 6 to 0 to grant the Special Use Permit contingent upon the visitor parking lot being no more than 15 parking spaces. There was one abstention because of a conflict of interest. Planning Director Hayes presented the following staff findings: General Requirement #1: The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved based upon the following findings: A. The facility does not need sewer service. Water service can be provided. B. Vehicular access is available via an adjoining tract having frontage along River Road. C. The site is located in the Federal Point Volunteer Fire Department District. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A. Community boating facilities are permitted by Special Use Permit in the R-15 Residential District. The site is zoned R-15 Residential. B. The total number of boat slips does not exceed the total number of residential lots served. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 190 C. An unknown quantity of off-street parking designated for visitors is provided on adjacent high ground. The ordinance requires one off-street space per slip; however, the County has approved many similarly situated facilities with parking provided at individual lots within the adjacent subdivision. The purpose of that variation is to promote water quality and limit . . ImpervIOus coverage. D. Each lot owner in the adjacent subdivision (Saponos Pointe) will have access to the facility. E. No commercial activities are permitted and none are proposed. F. Except for pier construction across marsh grass for pedestrian access to the docking facility, land disturbance is expected to be minimal. Some dredging is needed and will be confined to a short entrance channel around the docking area. General Requirement #3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity based upon the following findings: A. In similar situations, the construction of piers, docks and boating facilities to serve adjacent residential uses has preserved or increased property values. General Requirement #4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County based upon the following findings: A. Piers, docks, community boating facilities and related uses are commonplace along the county's rivers and estuarine shorelines. B. Similar facilities, though varying in scope and scale, have been constructed to serve nearby subdivisions. Commissioner Davis asked if the petitioner was willing to accept the limitation to 15 parking spaces? Planning Director Hayes reported the petitioner did not provide any negative response to the parking limitation at the meeting of the Planning Board. Chairman Greer inquired as to whether the petitioner would like to comment. Mr. Steve MacCurry informed the Board the parking area was for residents who lived approximately a mile from the boating facility. It was felt if the lot was provided, this would avoid cars being parked on the public right-of-way. The road will not be paved and a few spaces will be cleared between the trees. Chairman Greer inquired as to why the parking lot was not placed nearer the water? Mr. MacCurry responded if the lot was near the water people would be driving through the neighborhood. Chairman Greer asked Mr. MacCurry ifhe concurred with the findings as read and presented by the Planning Director. Mr. MacCurry concurred with the findings. Chairman Greer asked if any person sworn in by the Clerk would like to comment. The following remarks were received: Mr. Herbert K. Shera stated he was a resident of East Bank Landing and President of the East Bank Landing Homeowners Association. He advised the remarks he was going to present were his own and did not necessarily represent the position of the Association. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 191 Mr. Shera reported Saponos Point, the property which is the subject of the Public Hearing, adjoins East Bank Landing on the southeast. The East Bank Landing subdivision consists of26 lots, 5 of which abut the Saponos Point property. It was his understanding that access to the Saponos Point 32-slip boating facility would be by way of a walking path, identified as Parcel G on the Saponos Point property, with a limited parking area on that parcel just off River Road. He expressed the following concerns: (1) What kind of access control or security is going to be provided for the parking area and walking path since both abut property in East Bank Landing? One of the findings required by the Board in rendering a decision is that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Concern was expressed for the fact that a parking lot would be virtually in the backyard of East Bank Landing behind Lots 1 and 2, which will have a bearing on the value of those properties. Also, a walking path abutting East Bank Landing on Lots 3,4, and 6 will impact on the value of those properties unless access control is restricted or some kind of security is provided. (2) Concern was expressed for being sure there is a clear understanding by all parties about the meaning of a community boating facility. It appears that in order to purchase one of the slips (currently listed in the Realtor documents at a price of$20, 000 each) the purchaser must own property in the community. What will happen if a property owner decides not to purchase a slip, can the slip be sold to a non-property owner? This question goes back to my concern regarding access control and security of the parking area and walking path. In closing, Mr. Shera stated he felt sure the property owners in Saponos Point will have similar concerns regarding access control and security. The same concerns are pertinent to East Bank Landing property owners since they are adjoining subdivisions. Commissioner Howell asked Mr. Shera what he felt was going to happen if the request is approved? Mr. Shera responded that a 15 lot parking space off River Road with no security controls could lead to higher incidents of crime in both subdivisions. Damage and vandalism have occurred on this section of River Road because the area is not a highly lighted or developed. A parking lot with direct access to River Road would allow anyone to go into the area any time during the day and night. A parking space on River Road with no restriction to access could become a serious problem to the area. Mr. Jim Glasgow, owner of Parcel I, which abuts the parking lot, expressed concern for the loss of property value if the request is approved. He requested the Board to consider some form of securing and controlling the parking space. The reputation of River Road is well deserved in terms of drug deals, murders, and other crime. He recommended placing 6 x 6 posts with a chain and lock across the driveway to avoid people from coming and going at any time during the day and night. Chairman Greer asked Mr. MacCurry if he had any recommendation to better protect the adjoining homeowners? Mr. MacCurry stated this would not be a cleared parking lot. It would be an unpaved driveway posted as private property with a few parking spaces between the trees. If posts and a chain are placed across the driveway, it would not stop persons from entering with large trucks. Mr. Glasgow asked ifMr. MacCurry would object to placing six by six posts with a chain and combination lock across the driveway to avoid some trespassing of the area until the property is fully developed within the next two or three years. Chairman Greer asked Mr. MacCurry if he would be willing to place two posts and a chain with a combination lock across the driveway for at least three years. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 192 Mr. MacCurry stated he would place the posts and chain across the driveway for three years; however, he felt this should not be a permanent condition because when the land is fully developed, the homeowners should decide on the security measures to protect the value of their properties. Chairman Greer recommended requiring directional lighting. Mr. MacCurry agreed to this condition. Chairman Greer asked Mr. MacCurry ifhe agreed with conditions discussed and the findings presented by the Planning Director. Mr. MacCurry concurred with the conditions and findings as presented. There being no further public comment, Chairman Greer closed the Public Hearing. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to grant the Special Use Permit to the Saponos Pointe Homeowners Association to construct a 32-slip community boating facility contingent upon the parking being limited to fifteen (15) spaces, erection of two six by six posts with a heavy chain and lock across the driveway marked private property for at least three years, and require directional lighting based upon the evidence presented concluding that the use will not materially endanger the public health or safety iflocated where proposed and developed according to the plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and the location and character of the use will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 22. DEFERRAL OF PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO UNITED ADVENT CHRISTIAN CHURCH TO OPERATE A CHILD DAY CARE CENTER AT 4912 SOUTH COLLEGE ROAD ON EXISTING CHURCH-OWNED PROPERTY (S-418, 10/97) Planning Director, Dexter Hayes, reported the petitioner was not present. Consensus: Since the petitioner was not present, it was the consensus of the Board to postpone hearing the petition until December 8, 1997. PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT SUBMITTED BY THE NEW HANOVER COUNTY ENGINEERING DEPARTMENT TO PROVIDE LANGUAGE TO CALCULATE THE MAXIMUM WIDTH OF DRAINAGE EASEMENTS FOR OPEN DITCHES AND PIPED DRAINAGE WAYS (A-287, 10/97) Chairman Greer opened the Public Hearing. Planning Director Hayes reported the current language in the Zoning Ordinance allows the County Engineering Department to establish whatever easement width it deems appropriate. There has been confusion about the language. Currently, the ordinance requires a 30 foot minimum width; however, easements can be wider. The proposed text amendment will provide a standard that will allow the width to correlate with the size of the ditch. Amendment Proposal - Revise Section 41 follows: Section 41 Specific Requirements 41-1 (5) Easements; Utility and other easements shall be provided as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 193 (a) The minimum required drainage easement width for an open drainage way will be the width across the top of the bank of the drainage way in five (5) foot increments with an additional ten (10) foot maintenance area on one side of the open drainage way. The easement, including the maintenance area, will be uniform in width as set by the maximum depth and flattest side slope for that section subject to approval by the County Engineer. Shallow swale easements along the perimeter oflots may be less than thirty (30) feet in width provided they are approved by the County Engineer. (9/5/95) The minimum required drainage easement width for closed (piped) drainage way will be two (2) times the depth of the pipe or conduit in five (5) foot increments with an additional ten (10) foot maintenance area on one side of the drainage way. The easement, including the maintenance area, will be uniform in width as set by a maximum depth of the invert for that section and subject to approval by the County Engineer. County Engineer, Jim Craig, reported the proposed text amendment was initiated because of a site specific case in the Johnson Farms Subdivision. The County does not have a drainage plan; therefore, the required 30 foot easement has been interpreted as the maximum width of an easement. There are no regulations in place to require wider easements when necessary. At Johnson Farms, 30 foot easements were not wide enough because of the depth and massive size of ditches. With no regulations in place, it was difficult to resolve the issue. This situation was the reason for preparing a text amendment to better address the size of easements for the depth of ditches. Specific requirements will inform a developer at the beginning of a project that wider easements will be needed in certain situations. He requested the Board to consider the text amendment as presented. Chairman Greer asked who would decide on the depth of the ditch? Engineer Craig responded the depth of a ditch would be outlined in the preliminary plan. This process will keep developers from installing sewer lines and paving streets to find out later that wider easements were needed. Commissioner Howell asked if any input was received from the development community? Engineer Craig responded the developers were not notified; however, no remarks had been received. Commissioner Howell asked if there was a difference in an open ditch and a piped ditch? Engineer Craig explained in an open ditch, the work must be performed at the upper part of the ditch. In a piped ditch, the dirt must be dug out. The dirt cannot be placed in a neighbor's yard; therefore, the dirt usually has to be trucked to another location until it is needed to cover the pipe. Chairman Greer asked if anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to approve the text amendment as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the text amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 9. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 194 PUBLIC HEARING TO CONSIDER A REQUEST BY SKIP LOWELL TO CLOSE AN UNNAMED ALLEY IN VILLA VIEW SUBDIVISION LOCATED 125 FEET EAST OF PAVILION PLACE ON THE SOUTHSIDE OF EASTWOOD ROAD (SC-72, 10/97) Chairman Greer opened the Public Hearing. Planning Director Hayes reported a request had been submitted by "Skip" Lowell to close an unnamed alley located in the Villa View Subdivision 125 feet east of Pavilion Place, on the southside of Eastwood Road. As displayed on the attached map, this 10-foot alley is unimproved and 100 feet in length. County Engineering staffhas indicated that utility and/or drainage easements will not be needed. Adjoining properties to the south noted as "D" and "E" on the map will not be landlocked if the request is approved. Vehicular access to "D" and "E" will be served by Pavilion Place and Burke Avenue respectfully. Chairman Greer asked if anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to close an unnamed alley located in Villa View Subdivision 125 feet east of Pavilion Place on the southside of Eastwood Road as presented by the petitioner. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order closing the unnamed ally is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 9. COMMITTEE APPOINTMENTS Appointment to the New Hanover County Board of Fire Commissioners Chairman Greer reported that two at-large community representatives and one at-large volunteer fire department representative needed to be filled on the Board ofF ire Commissioners. He advised that six applications had been received to fill the two at-large community unexpired terms of Robert 1. Keenan and Frederick M. Worsh. Chairman Greer opened the floor to receive nominations: Commissioner Howell nominated Brenda Brow. The nomination was seconded by Vice- Chairman Caster Commissioner Howell nominated Michael Denniston. The nomination was seconded by Chairman Greer. Commissioner Birzenieks nominated Thomas R. Mull. NO SECOND was received. There being no other nominations, Chairman Greer declared the nominations closed. Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer to appoint Brenda Brow to fill an at-large community representative unexpired term on the Board of Fire Commissioners to expire July 1, 1999, and appoint Michael Denniston to fill an at-large community representative unexpired term on the Board of Fire Commissioners to expire July 1, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer announced that five applications had been received to fill the unexpired at- large volunteer fire department representative. He opened the floor to receive nominations. Commissioner Howell nominated Jonathan A. Wrenn. The nomination was seconded by Commissioner Birzenieks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 195 There being no other nominations, Chairman Greer declared the nominations closed. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to appoint Jonathan A. Wrenn to fill an at-large volunteer fire department representative unexpired term on the Board of Fire Commissioners. The term will expire July 1, 1998. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Commissioner Ted Davis, Jr. to Serve on the Cape Fear Community College Board of Trustees Chairman Greer announced the unexpired term of Stephen H. Davenport needed to be filled. He reported that twelve applications had been received, and he opened the floor to receive nominations. Commissioner Birzenieks requested the Board to consider appointing a County Commissioner to serve on the Cape Fear Community College Board of Trustees. He stated with the rapid growth occurring at the Community College and numerous construction projects, he felt it would be beneficial to the College and community to have a County Commissioner appointed as a trustee. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to appoint Commissioner Ted Davis, Jr. to fill the unexpired term of Stephen H. Davenport on the Cape Fear Community College Board of Trustees. The term will expire June 30, 2001. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Per Mile Rate Increase Submitted by Professional Transportation Services, Inc. PTS), the Private Operator for the New Hanover Human Services Transportation System Ms. Patricia Melvin, Assistant to the County Manager, reported that PTS, Inc. has requested an increase in the current per mile rate for services provided to human service agencies in New Hanover County. The current rate is $1.09 per mile, and PTS, Inc. has requested increasing this figure to $1.29 per mile. A contract was signed with PTS, Inc. to provide services at $1.09 per mile until June 30, 1999. Since the contract was awarded by the Board of County Commissioners, the rate increase will have to be approved by the Board. If the request is approved, the budgets of County agencies and outside organizations participating in the transportation system will have to be increased. Ms. Melvin reported the contract with PTS, Inc. could be terminated within a 90-day notice, and she presented the following options: 1. Increase agency budgets in order to cover the 20 cent per mile increase. County agency budgets would have to be increased, and outside agencies using the service would have to increase their budgets or discontinue the service. The total increase in budgets is estimated at approximately $60,000 to $70,000. 2. Review the option for the transportation system to be operated by New Hanover County. The County could operate the system at $1.19 per mile for six months. For FY 1998-99, a county operated system would cost $1.01 per mile. This process would involve hiring temporary personnel to operate the service and upfit an office. The difference in cost for the six-month period is due to upfitting or furnishing of office space. 3. Determine if the County should consider approaching the previous bidder to determine if another agency should operate the service. In closing, Ms. Melvin reported that Mr. Leith Hellens was present and would answer any questions. She advised the Board that Mr. Hellens was concerned about the miles falling below what was projected in the contract for this period of time. However, within the last month, there has been an increase in the number of participants using the system. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 196 Mr. Hellens, owner ofPTS, Inc., reported the company enjoyed transporting the public for the county and stated many people were in need of the service. He advised that originally PTS, Inc. bid on the contract based upon 400,000 miles at $1.09 per mile. After receiving the first quarter results, the mileage was 25% below the projected mileage. Due to the shortage of mileage, the profit has been usurped and his other company has been funding the shortfall. Mr. Hellens advised that PTS, Inc. would like to continue to operate the system. A matrix was presented reflecting a sliding scale that would begin at $1.29 per mile and drop to $1.09 if the 400,000 mile target was reached. Presently, PTS., Inc. is covering fixed costs, insurance, drivers wages, office/clerical, and fuel and oil. Funding is not available to provide driver training programs, maintenance, mechanic wages, utilities, telephone, rent and administration. On occasion, office clerical pay checks have been withheld until funding has been received to cover the current month. In closing, Mr. Hellens stated in good faith PTS, Inc. submitted a bid at 400,000 miles at $1.09 per mile. He requested the County to allow the company to implement the sliding scale matrix beginning at $1.29 per mile effective November 1, 1997, and drop back to $1.09 per mile when the mileage reaches 400,000. Chairman Greer requested Mr. Hellens to explain the matrix. Mr. Hellens reported the matrix would begin at $1.29 per mile from 0 to 25,000 miles; reduce to $1.27 per mile from 25,000 to 26,000; reduce to $1.24 per mile from 26,000 to 27,000; and continue to reduce with the rate becoming $1. 09 per mile from 32,100 and above. Discussion was held on the amount of mileage stipulated in the contract. Ms. Melvin reported in the request for proposals 400,000 miles was the estimated mileage for the current fiscal year; however, the contract does not reference mileage. The contract rate was based on $1.09 per mile which was signed by Mr. Hellens for the provision of service during FY 1997-98. The rate would increase to $1.10 in FY 1998-99. With the proposed rate increase per mile, the County will lose money by having to increase budgets for County agencies, and outside agencies will not be able to afford to continue using the transportation service through the end of the current fiscal year. The question is whether the Human Services Transportation System will fold now or later, or if other options can be considered. Discussion was held on the other company that submitted a proposal. Ms. Melvin reported that PTS, Inc. and Progressive Transportation of Asheville, submitted bids with the same per mile rate of$I.15. The bid submitted by PTS, Inc. included the County's 5-cent surcharge, which established a rate of $1.09 per mile. Staff decided to reduce the 5-cent surcharge to 3 cents so the agencies would not suffer loss since the previous provider had charged 99 cents per mile and the new provider would be charging $1.09 per mile. After a lengthy discussion on the operation of the system, Vice-Chairman Caster recommended deferring action on this item until the Board has adequate time to study the issue before rendering a decision. Chairman Greer stated, in his opinion, if the County submitted a request for proposals using 400,000 miles as the basic figure, the suggestion by Mr. Hellens is realistic. He presented the following payment schedule: Establish 96,000 miles per quarter at $1. 09 per mile. For every 5,000 miles short of this figure, the per mile rate would increase 4 cents as follows. This schedule would become effective October 1, 1997, and allow enough flexibility to adjust the mileage per quarter. 96,000 miles per quarter 91,000 miles per quarter 86,000 miles per quarter 81,000 miles per quarter 76,000 miles per quarter or lower $1.09 per mile $1. 13 per mile $1. 17 per mile $1.21 per mile $1.26 per mile NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 197 Ms. Melvin advised this schedule would have to be approved by the participating agencies because of a potential for an increase. Also, the agencies may discontinue service with the transportation system in March or April, which will cause the mileage to fall before the 96,000 miles per quarter. Commissioner Howell reported there is a total budget of $436,000 for all participating agencies. Some agencies are not receiving mileage, like Head Start, who was projected to pay a portion of the $436,000 budget. If the rate is increased, the Department of Aging will be negatively affected with a projected shortfall of$17,000. The Department of Aging does not have an additional $17,000. If only one agency was participating in the system, the formula submitted by Chairman Greer would work; however, the question to answer is who will reimburse the Department of Aging and other agencies for the funding shortfalls. Chairman Greer stated that Mr. Hellens should not be held responsible for any shortfalls that occurs in participating agencies. He asked why the County became involved in the transportation system when this service could be contracted with a company like PTS, Inc. and paid directly by New Hanover County. County Manager 0 'Neal responded the State through Executive Order declared that all local government transportation efforts should be centralized and consolidated for the purpose of saving money. Before the transportation system was established, the Department of Aging, Department of Social Services, and Southeastern Mental Health Center were entering into individual arrangements with a taxi company or any other transportation service to provide transportation to persons in need of being transported to doctors appointments, drug stores, shopping, etc. This method was not efficient because each department had different rates with no quality control over the transportation services provided. This was the reason for the Executive Order. It was found that providing the service through the bidding process was more competitive and efficient. Chairman Greer stated he felt the transportation system had not been efficient. At the first of the year, each agency using the system should commit to a certain number of miles and be required to pay the County for that number of miles. This procedure would eliminate the loss of funds for other agencies when there is a mileage shortfall. Ms. Melvin responded the agencies in the system have signed a memorandum of agreement to purchase miles in the system. The new agencies coming into the system created the problem. Head Start had agreed to pay maintenance and insurance costs on the buses in order to participate in the transportation system. At that time the per mile rate was $1.09. With the proposed rate increase, Head Start could not absorb the additional cost and did not enter the system. Normally, the participating agency will contribute the buses to the system and the private operator will pay for insuring and maintaining the buses. The agency would no longer be involved in the transportation. PTS, Inc. was not ready to absorb the cost of maintenance and insurance for Head Start. Chairman Greer inquired as to the number of miles committed by Head Start and the YWCA? Ms. Melvin responded that Head Start and the YWCA were scheduled to bring in 40,000 to 50,000 miles, which represents approximately 10%. The YWCA Board will have to decide if they want to continue to participate with the increased rate per mile. If these agencies do not participate in the system, other agencies will be recruited to enter the system. She stated if the transportation system falls short of mileage and County agencies are the only participating agencies, the budgets for those agencies will have to be increased. Commissioner Davis stated that staff originally recommended awarding the bid to Progressive Transportation; however, the Board decided to award the bid to PTS, Inc. He asked if Progressive Transportation was still willing to take over the service? Ms. Melvin responded that Progressive Transportation would assume the transportation service at $1.15 per mile as originally bid. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 198 Commissioner Davis stated if Progressive Transportation assumes the service and the mileage falls short, what will happen? Ms. Melvin responded details of this type will have to be negotiated with Progressive Transportation before entering into a contract. The parameters will have to be established in negotiating the final contract. Mr. Hellens advised when PTS, Inc. bid on the service there were nineteen (19) vehicles in the transportation system. When Head Start wanted to participate in the system, PTS, Inc. was requested to accept the agency's buses, pay for the vehicle insurance and maintenance. The same situation occurred with the YWCA. This requirement was not mentioned in the bidding process, and the company was not privy to this information. These items were thrown in after the contract was executed. The average cost for insuring one vehicle is $3,000 to $4,000 which amounts to approximately $90,000 for 19 vehicles not the other six vehicles that were to be assumed from the outside agencies. With regard to Progressive Transportation, the bid was $1.10 per mile and PTS, Inc. was $1.09 per mile. This company will also have to address these issues. The problem is a shortfall of projected miles and bringing on vehicles that were supplied to the provider prior to the bid process. Vice-Chairman Caster requested Ms. Melvin to report on the items listed in the contract. Ms. Melvin reported that Article I, Section B of the contract reads as follows: Lease 19 vehicles for the sum of$l. 00 per vehicle per year in providing transportation for the participating human service agencies, and guarantee that the 19 vehicles will be used as a primary source of vehicles in providing the service. Additional vehicles required by New Hanover County will be leased in the same manner. Ms. Melvin stated this issue has been discussed with Mr. Hellens and the Legal Department. The last statement allows the County to add vehicles. The same issue was discussed with Progressive Transportation. The difference in the two companies is the size. Progressive Transportation can purchase fleet insurance and provide the necessary insurance at $30,000 to $50,000 per year. PTS, Inc. is smaller and insurance is more expensive for Mr. Helens. In closing, Ms. Melvin advised the last sentence of Article I, Section B does allow New Hanover County to add the number of vehicles deemed appropriate for the system to provide the necessary services. Agencies placing vehicles into the system is not uncommon because this was the way the New Hanover County Human Services Transportation System was started. The Department of Aging, Department of Social Services and other agencies placed their vans into the system. Head Start had already agreed to continue the insurance and assist in the cost of maintaining the vehicles to avoid additional costs to PTS., Inc. In the interim, New Hanover County received two new vans in September that have not been placed on the road because PTS, Inc. cannot insure the vehicles. More vehicles will be added to the fleet. The contract does allow for addition of vehicles with payment of the required maintenance and automobile insurance by the provider. Mr. Hellens stated that only 19 vehicles were listed in the request for proposals. No other information was presented. Ms. Melvin responded the request for proposals listed 19 vehicles, it was indicated that three new vans would be received, and discussion was held about Head Start and the YWCA coming into the system. The reason for bringing in the Head Start vehicles was an efficiency measure because the buses carry 60 students at a time. When transporting 200 students per day, twice per day, it only made sense to use a larger vehicle. Chairman Greer stated the County was asking Mr. Hellens to operate a large bus at the same cost of operating a small van. Ms. Melvin responded that Head Start was prepared to take care of major expenses and offered to pay for insurance and maintenance of the buses. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 199 Chairman Greer asked Mr. Hellens why the two new vans were not being used? Mr. Hellens responded the two new vehicles were not needed because of the mileage shortfall. Currently, there is an unused vehicle sitting on the lot. He stated if the per mile rate is increased as requested, the company would be willing to assume the two new vehicles contingent upon disposing of one old vehicle or returning that vehicle to the Department of Aging. Vice-Chairman Caster asked how the new vehicles were funded? Ms. Melvin responded the N. C. Department of Transportation funds 85% of the cost of the vehicles with New Hanover County funding the difference. The County's cost for the two new vehicles was $6,000. The cost of tags will be paid by the County once the vehicles are insured. She expressed concern for new vehicles being placed on a lot without insurance because of vandalism. Chairman Greer suggested allowing the County to purchase the insurance. Ms. Melvin stated that Mr. Carlton Allegood, Executive Secretary of the Wilmington/New Hanover County Insurance Advisory Committee, did not feel the County should insure the vehicles. According to Mr. Allegood, the insurance would not be lower because the County does not have a large fleet of vehicles. Motion: Chairman Greer MOVED to pay PTS, Inc. on a quarterly basis for 96,000 at $1.09 per mile. For every 5,000 miles short per quarter, the County would pay the company 4 cents more per mile. The payment would be retroactive to October 1, 1997. County Manager O'Neal advised the contract would need to be amended to reflect this change and offered to place the contract on the agenda for the next meeting. Motion Withdrawn: After discussion of more time needed by the Board to review the options presented, Chairman Greer WITHDREW THE MOTION. After further discussion, staff was directed to prepare an amended contract incorporating the change suggested by Chairman Greer. This option and the three options on today's agenda are to be presented to the Board for consideration at the November 17, 1997 meeting. Mr. Hellens expressed appreciation to the Board for reviewing the matter and stated he hoped the Commissioners would look favorably upon PTS, Inc. He asked if the Board would consider the services of Progressive Transportation at the next meeting. Chairman Greer informed Mr. Hellens that all of the options presented, including approaching the previous bidder, would be considered at the next meeting. Approval of Funding Request for Cape Fear Tomorrow Vice-Chairman Caster reported Cape Fear Tomorrow was a private group that held seminars on development and planning. He advised that County Manager O'Neal and he attended a seminar held last week and heard interesting presentations on issues relevant to growth and planning, particularly on how to manage urban sprawl. He requested the Board to consider approving a $500 contribution to Cape Fear Tomorrow to assist the group with paying for the seminar. County Manager O'Neal advised the County made a contribution of $500 to Cape Fear Tomorrow in 1996 for a similar seminar. He advised the purpose of the group was to continue an on-going effort between the public and private sector to discuss and better understand how the community should be developed. The seminar was held last week at UNCW and the County was not contacted by Mr. Scott Sullivan about being a sponsoring agency until after the event was over. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to contribute $500 to Cape Fear Tomorrow to assist with funding the seminar. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 200 Commissioner Howell asked if the County would be responsible for payment of the bills if the group failed to fulfill its obligation? County Manager O'Neal responded he could not answer that question. Vice-Chairman Caster stated the sponsors should pay for the seminar; however, in his opinion, there is a need for the private and public sector to meet and discuss the best way to manage future development of the county. Upon vote, the MOTION CARRIED UNANIMOUSLY. Report on Meeting with the 1898 Centennial Foundation Vice-Chairman Caster reported that Mayor Betz, Allen 0 'Neal, Mary Gornto, Tom Dodson, Dr. James Leutze, and he attended a meeting with Bertha Todd, Anthony Bolton, William Childs, Kenny Davis, Becky Long, and Ms. Bellamy to discuss City and County coordination with the 1898 Centennial Foundation and its Executive Council in sponsoring recognition of the 1898 event that occurred 100 years ago in Wilmington. After discussion of involvement by the City and County, it was decided to request the City of Wilmington, New Hanover County, and the Chamber of Commerce to appoint three members each to serve on the Executive Council of the 1898 Centennial Foundation. Vice-Chairman Caster stated unfortunately there was no mechanism in place to change actions already taken by the Executive Council; therefore, since members of the Human Relations Commission, Jack Manock and Reverend Joseph Windley have been serving on the Executive Council and are familiar with the actions previously taken, the Board may wish to consider using the Human Relations Commission and its Director, Anthony Wade, as the County's representation on the Council. Commissioner Birzenieks stated, in his opinion, New Hanover County was well represented on the Executive Council through the Human Relations Commission Director of Human Relations, Anthony Wade reported he serves as a member of the Reconciliation Committee, which is a sub-committee serving under the Executive Council. Also, John Manock is the current Chairperson of the Human Relations Commission and his term will end in December. Discussion followed on whether the new Chairperson could be appointed to the Executive Council. Director Wade advised that Reverend Windley, who is a current member of the Executive Council, would probably be the new Chairperson for the Human Relations Commission. Vice-Chairman Caster asked if Jack Manock could be reappointed to serve on the Human Relations Committee? Director Wade responded that he was at the end of his term and could not succeed himself. Chairman Greer stated his main concern was appointment of three members to serve on the Executive Council after plans and decisions had already been made. New Hanover County does have representation through the Human Relations Commission. The Commissioners are interested in taking a positive step that will bring people together, and the Board desires to work with the Executive Council in bringing about this type of event. Vice-Chairman Caster suggested appointing Director Wade to serve on the Executive Council. County Manager O'Neal expressed concern for Director Wade serving on the Executive Council because of his position as Director of Human Relations for New Hanover County. He advised that serving as a member of an advisory committee was acceptable; however, to be appointed to the Executive Council that renders decisions could place Director Wade in an uncomfortable position with the various groups throughout the community. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 201 Chairman Greer suggested requesting Mr. Wade to focus his efforts on developing a positive event for New Hanover County. Director Wade reported there were many events that can be planned to bring people together. The County can celebrate on where we are now, where we have been, and move together as a community toward the 21st Century. Commissioner Birzenieks agreed with Director Wade and stated moving together into the 21 st Century was the key issue. Director Wade recommended contacting Jack Manock and Reverend Windley to apprise them of being appointed to the Executive Council to serve as representatives for New Hanover County. Currently, these people represent the Human Relations Commission since they serve as the Chairperson and Vice-Chairperson of the Commission. Vice-Chairman Caster agreed and stated these members should be notified of the Board's intent. Chairman Greer expressed appreciation to Director Wade for his efforts given to the 1898 Centennial Foundation and requested him to keep the Board informed as to how the County can assist with preparing a special event. Discussion of Scheduling a Joint Meeting with the Wilmington City Council to Discuss Unification of Water and Sewer Services Chairman Greer reported the Wilmington City Council has requested the Board to reschedule the joint meeting planned for November 17, 1997 with the Wilmington City Council to discuss unification of water and sewer services. Clerk to the Board, Lucie F. Harrell, advised after discussion with the City Clerk, she was informed that a resolution would be presented to the City Council requesting the County Commissioners to change the meeting date from November 17, 1997 to November 20, 1997 with the time to be determined by the Board of County Commissioners. Councilmember Laura Padgett has requested the change since she will not be able to attend the meeting. County Manager O'Neal reported after discussion with the City Manager, he felt the City Council would like to hold the meeting in the morning. Commissioner Davis strongly objected to scheduling the meeting in the morning when both the City Council and Board of County Commissioners agreed to meet on November 17, 1997, at 5 :30 P.M. He stated he could not attend a morning meeting due to his court schedule. Consensus: After further discussion, it was the consensus of the Board to hold the joint meeting with the City Council as originally scheduled for November 17, 1997, at 5:30 P.M. in Council Chambers. Discussion of New Hanover County Hosting the Annual Meeting of the Council of Governments County Manager O'Neal reported that Mr. Tom Phillips, Director of the Council of Governments, has requested New Hanover County to host the annual meeting of the Council of Governments scheduled on March 12, 1998. He advised that staff would be glad to make the arrangements and extend invitations to Brunswick, Columbus, Pender, and New Hanover counties including the municipalities within those counties. Chairman Greer advised he did not have a problem with the County scheduling the meeting. No further action was taken. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 202 Discussion of Replacement for Keith Elmore on the Welfare Reform Ad Hoc Committee Chairman Greer reported that Keith Elmore, Chairman of the Board of Health, would complete his term of office on the Board of Health in December. He stated the Commissioners could appoint the new Chairman to fill Mr. Elmore's position, or the Board may wish for him to fill this vacancy since he is a member of the Board of Health. He requested direction from the Board. Consensus: After discussion ofthe size ofthe Ad Hoc Committee, it was the consensus ofthe Board for Chairman Greer to serve as the representative for the Board of Health instead of appointing another member to serve on the Committee. Chairman Greer reported that a letter had been received from Sheriff McQueen stating that he could not serve on the Welfare Reform Ad Hoc Committee. He stated State guidelines do not require a law enforcement representative; therefore, it would not be necessary to appoint another member. Reappointment of Charles Grisson to Serve as the Extraterritorial Member of the Carolina Beach Planning and Zoning Commission Ratified by the Board of County Commissioners Chairman Greer reported a letter had been received from the Town of Carolina Beach requesting the Board of County Commissioners to ratify the reappointment of Charles Grisson to serve as the extraterritorial member on the Carolina Beach Planning and Zoning Commission. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster to ratify the reappointment ofMr. Charles Grisson to serve as the extraterritorial member on the Carolina Beach Planning and Zoning Commission. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Report on Attending the Opening of a Jobs Link Center in Brunswick County Vice-Chairman Caster reported on attending the opening of a Jobs Link Center in Brunswick County that was affiliated with the Brunswick County Community College. He commented on various centers being located throughout the State and advised that a Jobs Link Center would be opened in New Hanover County in conjunction with the Employment Security Commission. Report on Attending the Education Meeting Presented by Congressman Mike McIntyre Vice-Chairman Caster reported on attending the education meeting presented by Congressman Mike McIntyre at Myrtle Grove Middle School. The 1996 Teacher of the Year was attending the meeting, and she presented an interesting presentation on her perspective as a teacher for the past 30 years in Minnesota. Report on Attending the Bond Rally for Cape Fear Community College Vice-Chairman Caster reported on attending the bond rally held by Cape Fear Community College, and he encouraged all persons to vote and support the Community College and School bond issues on the ballot for November 4, 1997. Regular Meetings of the Board of County Commissioners Changed for the Month of December Vice-Chairman Caster commented on scheduling a vacation six months ago and stated after paying for the trip, he realized that he would not be present for the first meeting in December. Since this is an organizational meeting where the Chairman and Vice-Chairman are elected to serve for the coming year, he requested the Board to consider changing the date of the meeting. Consensus: After discussion, it was the consensus of the Board to hold one meeting in December to be scheduled on December 8, 1997, at 6:30 P.M. Discussion of Appointing a County Commissioner to Serve on the N. C. Partnership for Children Board of Directors Chairman Greer reported that Commissioner Birzenieks had resigned from the N. C. Partnership for Children Board of Directors because the meetings were held on the same day and time as the meetings for the New Hanover Regional Medical Center Board of Trustees. He asked if a County Commissioner would like to serve on the Partnership Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 3, 1997 BOOK 26 PAGE 203 Discussion followed on the lack of time to serve on additional boards and committees. No action. Discussion of School Budget Commissioner Birzenieks stated it was his understanding that when the Commissioners approved the budget for the School District, line items were not approved; however, a lump sum was appropriated with the Board of Education deciding on how to use the funding. He strongly objected to a recent article in the Star-News where the County Commissioners were being blamed for poor school maintenance because of inadequate funding from the County for maintenance. He commented on the unfairness ofthe article and stated ifthe Superintendent of Schools made this statement, it was inappropriate. Vice-Chairman Caster stated he read the article and felt the article was referring to the past instead of the present; however, everyone should be very careful about the context of remarks made at meetings. County Manager O'Neal advised the Public Information Officer, Mark Boyer, could prepare a news release on how schools are funded by the County and show the significant increase in funding that has occurred during the last seven to eight years. Consensus: After further discussion, it was the consensus of the Board for the Public Information Officer to prepare a news release on County funding of schools. ADJOURNMENT Chairman Greer adjourned the meeting at 10:00 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board