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1996-11-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 689 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 18, 1996, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; WilliamA. Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Pastor Harold Crocker, of the Living Waters Ministries, gave the invocation. Commissioner Barone led the audience ln the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. APPROVAL OF CONSENT AGENDA Commissioner Barone requested removal of Consent Agenda Item #8. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to approve the items on the Consent Agenda with the exception of Item #8. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes: Regular Meeting, November 6, 1996 Work Session on Drainage, October 21, 1996 Acceptance of North Carolina State University 4-H Development Grant for Continued Endorsement of "Support Our Students" Projects and Approval of Associated Budget Amendment #97-0071 - Cooperative Extension Service The Commissioners authorized acceptance of aN. C. State University 4-H grant in the amount of $5,353 and approved the associated Budget Amendment for continued endorsement of the "Support Our Students" projects in New Hanover County Schools. The funds will be used to continue training and technical assistance to middle school students. The Chairman was authorized to execute the grant documents. Budget Amendment #97-0071 - Cooperative Extension Debit Credit Cooperative Extension NCSU Grant $5,353 Salaries & Wages FICA $4,972 381 Purpose: To budget a N. C. State University 4-H Youth Development Grant for the "Support Our Students" projects. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 690 Adoption of Resolution to Add Victoria Drive Extension to the State Highway System The Commissioners adopted a resolution to add Victoria Drive Extension to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and lS contained in Exhibit Book XXIII, Page 30. Approval of Tax Collection Reports Through October 31, 1996 The Commissioners approved the following Tax Collection Reports through October 31, 1996, as submitted by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 30. Release of Value - New Hanover County Tax Department The Commissioners approved granting the Senior Citizen/Disability Exclusion to the following taxpayers. Applications and letters explaining the late filings are available upon request in the Tax Office. Johnson, Leona Melvin, Dexter & Beatrice E. Russ, Sarah H. $15,000 $15,000 $ 6,500 The Commissioners released the following late listing penalties since this was the taxpayer's first offense or they certified the listing was made on time: Amin, Bipin & Urmila Card Establishment Services Chappell, Bruce Glynnwood Water Systems Louisiana Pacific Corporation New Hanover Medical Group Primary Care Associates Rogers & Merritt Toyota Motor Sales USA $ $ $ $ 26.13 $11,707.56 $ 407.48 $ 315.23 $ 147.06 $ 13.39 56.50 3.74 8.01 Approval of Budget Amendment #97-14 - Sheriff's Department The Commissioners approved the following Budget Amendment: #97-14 Federal Forfeited Property - Capital Project Debit Credit Federal Forfeited Property Capital Prolect Federal Forfeited Property $112 Supplies $112 Purpose: To increase the budget for additional revenue received October 23, 1996. Approval of Budget Amendment #97-0073 - Health Department - Family Planning The Commissioners approved the following Budget Amendment: #97-0073 Health/Family Planning Debit Credit Health/Family PlanninG Family Planning $4,950 Contracted Services $4,950 Purpose: To budget State grant funds to support sterilization for low-income men and women. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 691 Acceptance of State Grant from the Department of Environment, Health and Natural Resources for Implementing a Breast and Cervical Cancer Control Program in New Hanover County and Approval of Associated Budget Amendment #97-0074 The Commissioners approved a Budget Amendment requested by the Board of Health for the New Hanover County Health Department to participate in the Breast and Cervical Cancer Control Program. A grant was awarded to New Hanover County in the amount of $26,886 to provide comprehensive breast and cervical cancer early detection services to a minimum of 161 women with 121 participants being 50 years of age or older, and no more than 11 under 40 years of age. #97-0074 - Health/Breast & Cervical Cancer Control Program (BCCCP) Debit Credit Health/Breast & Cervical Cancer Control Proqram State BCCCP Grant $26,886 Salaries & Wages Contracted Services Postage printing Departmental Supplies Training and Travel $ 6,000 19,486 200 150 650 400 Purpose: To establish a budget for the Breast and Cervical Cancer Control Program to provide cancer screening for low-income clients. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM #8, CONSIDERATION OF A GRANT FROM THE NEW HANOVER COUNTY PARTNERSHIP FOR CHILDREN TO PROVIDE NURSING SERVICES IN DAY CARE PROGRAMS AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #97-0075 Commissioner Barone strongly objected to accepting any grants from the New Hanover County Partnership for Children. She stated, in her opinion, the organization was operating illegally and she could not support any funding from this group. Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to accept the grant from the New Hanover County Partnership for Children in the amount of $25,225 and approve the associated Budget Amendment for funding a Public Health Nurse I position to provide nursing services to children 0-5 years of age in local day care programs. The Public Health Nurse I position is to be eliminated if the State funding ceases. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone #97-0075 Health/Child Health Debit Credit Health/Child Health New Hanover County Partnership for Children Grant $25,225 Salaries & Wages FICA Retirement Medical Insurance Telephone printing Departmental Supplies Employee Reimbursement Training & Travel $16,123 1,123 726 1,545 200 500 3,950 558 500 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 692 Purpose: To budget a grant award from the New Hanover County Partnership for Children to fund a Public Health Nurse I position to provide nursing services in day care programs. PRESENTATION OF SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive Service Awards: Employee Years of Service Trenita P. Dawkins, Social Services Carlton B. Floyd, Sheriff's Department 5 10 Robert V. Smith, Vehicle Management Lewis R. Corbett, Property Management 15 15 Chairman Greer, on behalf of the Board, presented service awards to each employee and expressed appreciation to them for their years of dedicated service to New Hanover County. INTRODUCTION AND RECOGNITION OF NEW COUNTY EMPLOYEES County Manager O'Neal introduced the following new employees: Sam Hawes, Environmental Management Patsy Farrow, Health Department Katrina Slagle, Health Department Amy Hooker, The Cape Fear Museum Amanda Charles, Human Relations Commission Amy Hooker, Museum Joe Peterson, Property Management Susan Pless, Sheriff's Department Joyece Dykes, Department of Social Services Deborah Miller, Department of Social Services Anita Richardson, Department of Social Services Asami Martin, Department of Social Services Beth Bostic, Department of Social Services Wendy Pierce, Department of Social Services Dennis Colaw, Tax Department Jason Hendren, Department of Social Services Joseph Sheppard, New Hanover County Library Chairman Greer, on behalf of the Board, welcomed the new employees to County government and wished them well in their new careers. CERTIFICATE OF APPRECIATION PRESENTED TO NEW HANOVER COUNTY BY THE NORTH CAROLINA BOARD OF TRANSPORTATION Ms. Connie Majure, Executive Director of the Chamber of Commerce, on behalf of the N. C. Board of Transportation presented a Certificate of Appreciation to New Hanover County in recognition of the County co-hosting and coordinating the events for the North Carolina Board of Transportation meeting held in Wilmington on September 4-5, 1996. The Secretary of Transportation, Garland Garrett, Jr., was most appreciative of the manner in which New Hanover County assisted with co-sponsoring the event and the effort given to complete the meeting in Raleigh after Hurricane Fran. Ms. Majure complimented the Board of County Commissioners and County Staff for the cooperative manner in which the County works with the Chamber of Commerce. Chairman Greer, on behalf of the Board, accepted the Certificate of Appreciation and expressed appreciation to the N. C. Board of Transportation and Secretary of Transportation for this recognition. PRESENTATION OF REPORT FROM THE WILMINGTON-NEW HANOVER COUNTY AD HOC COMMITTEE ON URBAN PLANNING AND GROWTH Vice-Chairman Mathews reported many citizens are concerned about the future management of growth and development in New NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 693 Hanover County. In order to address future development, the City Council and Board of County Commissioners met on May 3, 1996, and appointed the following members to serve on an Ad Hoc Committee to study urban growth and the infrastructure needs: Laura Padgett, City Council Harper Peterson, City Council E. L. Mathews, Jr., Board of County Commissioners william E. Sisson, Jr., Board of County Commissioners Duke Lineberry, New Hanover County Board of Education Kenneth Shanklin, New Hanover County Planning Board Glenn Richardson, Wilmington Planning Commission Charles Wells, Chamber of Commerce Ernest Puskas, Carolina Contractors, Inc. Linda Pearce, Elderhause, Inc. Camilla Herlevich, N. C. Coastal Land Trust After numerous meetings, a report has been presented by the Ad Hoc Committee outlining recommendations for addressing sewer, water, stormwater management, transportation, schools, and land use planning. He complimented the following Staff Members of the City and County for the support and effort given to prepare the document: Dexter Hayes, Planning Director, New Hanover County Arcelia Wicker, Sr., Planning Director, City of Wilmington Patrick Lowe, Assistant Planning Director, New Hanover County Grant Gore, Graphics Technician, New Hanover County Haskell Rhett, Facilitator, Cape Fear Council of Governments vice-Chairman Mathews presented and discussed the following recommendations of the report. 1 . SEWER RECOMMENDATIONS: (a) Too much emphasis has been placed on providing services for new development. Priori ty should be placed on providing serVlces to existing neighborhoods and communi ties in the County, in accordance with the goals of the original sewer bond issue. (b) Current and future sewer capacity should be allocated according to the following priorities: (1) existing neighborhoods; (2) industrial/economic development; and (3) new residential development. (c) City and County sewer systems should be combined under a joint structure consisting of members from the City Council and New Hanover County Board of Commissioners. (d) Impact fees should continue for new development. (e) Supplemental funding mechanisms such as bond sales, district- wide service fees, and assessments should be used to extend collection systems into existing neighborhoods. (f) New developments should not be approved unless adequate sewer treatment capacity and infrastructure are already available or under construction. (g) Specific water and sewer allocations should be reserved for economic development, including industrial/manufacturing expanSlons. 2. WATER RECOMMENDATIONS: (a) Water sources do not appear to be a problem; however, monitoring of water quality should be emphasized for both surface and ground waters. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 694 (b) Require distribution systems to be constructed to provide urban levels of service for minimum fire flow and elevated storage needs in all new developments, county-wide. (c) City and County water and sewer systems should be combined under a joint structure consisting of members of the City Council and Board of County Commissioners. (d) Bond sales should be used to upgrade water systems and connect them with adequate storage for a county-wide system. (e) Impact fees for water treatment, distribution and storage should be established by the County. (f) Groundwater resources should be developed and protected to complement the present reliance on the Cape Fear River. (g) Specific water and sewer allocations should be reserved for economic development, including industrial/manufacturing expanSlons. 3. STORMWATER MANAGEMENT RECOMMENDATIONS: (a) The City and County should jointly undertake a comprehensive stormwater management program. (b) Such a program should balance the needs of minimizing downstream flooding, while maintaining and improving water quality. (c) Cumulative and post-development impacts from stormwater should not exceed pre-development levels in terms of volume, rate of runoff, and quality. (d) Create an inspection, maintenance, and enforcement program to ensure compliance with stormwater management regulations. (e) Create a stormwater utility or institute stormwater service fees for financing drainage improvements and maintenance. (f) Prioritize areas and watersheds for stormwater management. (g) Acquire properties through dedication or purchase that can be utilized for basin-wide management, especially within flood plains and low-lying areas. This should complement our efforts in open-space preservation and recreation. (h) Insure that applicable City and County ordinances and regulations which implement these recommendations are strictly enforced. Building permits could be withheld or revoked where violations are found, and fines and other legal actions should be pursued to the fullest extent of the law. 4. TRANSPORTATION RECOMMENDATIONS: (a) Proposed development that causes the level of service to fall below an acceptable level should not be approved unless the developer pays for the necessary road improvements or the City or Sate has funded the upgrade. (b) The City and County Transportation Advisory Committee should present a unified and consistent voice of City and County needs to the N. C. Department of Transportation. (c) Land use decisions should place more emphasis on reducing automobile trips and encouraging the use of public transit and other means of transportation. (d) Cumulative traffic impact analysis should be required of all major development projects and land use changes. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 695 (e) A new Thoroughfare Plan should be prepared immediately to account for the accelerated growth rate and abandonment of proposed thoroughfare routes. (f) Funding sources for local transportation projects not funded by DOT should be developed county-wide. 6. RECOMMENDATIONS FOR NEW HANOVER COUNTY SCHOOLS: (a) Additional revenue will be needed for schools. Bond sales and school impact fees should be implemented to help fund school needs. (b) Reservation and acquisition of school sites should be made a part of the Development Review Process. (c) The approval of new residential projects could be tied to the availability of adequate school facilities. ( d) School facilities should be participating local jurisdictions community facilities. jointly to insure designed with their use as In closing, Vice-Chairman Mathews requested the new Board to thoroughly read the document and consider the recommendations presented in the report. Commissioner Sisson stated the recommendations throughout the report would not be useful without an implementation strategy. In order to implement the recommendations, money and planning will be required. He presented and discussed the following issues: 1. Adequate Public Facilities: Development approvals are conditioned upon a finding that sufficient infrastructure and public facilities exist, or will be provided to serve the proposed development. (a) Developments are deemed in compliance with an adequate public facilities requirement if their impacts do not violate the predetermined level of service standards for each of the facilities covered in the ordinance. (b) If proposed development is projected to cause the level of service to fall below acceptable levels, the developer must either pay for the infrastructure improvements or postpone development until the government provides the facilities. (c) Jurisdiction retains control over the amount, direction, and type of development being built. (d) Require linkage between public facilities planning and comprehensive land-use planning. (e) Enabling legislation to ordinances. This will Department. use adequate public requlre advice from facilities the Legal 2. Facilities Extension Policy: facili ties for residential and effective growth management tool. The ability to provide public commercial development with an (a) The costs of urban services are generally too high to be affordable for piecemeal development with or without government support. (b) Providing public facilities to areas targeted for growth generally focuses development into those areas. (c) Areas which contain valuable resources, such as prime farmland, aquifer recharge areas, important natural habitat NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 696 and estuarine areas will develop at a much slower rate without the provision of public serVlces. (d) Impact fees, pay-as-you-go financing, general obligation and revenue bonds are different methods to insure that adequate infrastructure will be provided. (e) Subdivision Design Standards requiring that public facilities, such as water and sewer, sidewalks, streets, stormwater management, open space and parks, be in place prior to approval of the development. 3. Zoning: Designation of districts prescribing land use, density, and other development characteristics. (a) Strict adherence to established zoning districts will focus development in areas zoned appropriately for the desired land use, where services are available. (b) Large lot zoning (3 acres plus) effectively maintains rural densities and eliminates the need for many expenSlve urban serVlces. (c) Specific zoning districts for agricultural and forestry preclude residential development. 4. Land Use: (a) Require consistency between plans, policies, and regulations, such as land use, transportation, water, sewer, and drainage. (b) Act on adopted plans: implementation/regulations/enforcement. (c) Develop and adopt a Unified Development Ordinance for the City and County. (d) Develop and adopt level of service standards and an Adequate Public Facilities ordinance based upon current needs and overall carrying capacity. (e) Consolidate the City and County Planning Departments and staff adequately to meet the growing demands of our community. (f) Designate and acquire green infrastructure, such as parks, open space, and low-lying areas for drainage retention. (g) Seek assistance from the AlA Urban Design Assistance Program as part of the Land Use Plan Update. In closing, Commissioner Sisson advised the City and County must plan for the future and implement comprehensive plans that will meet future growth. In order to achieve this goal, the City and County will have to seek revenue sources to address current and future infrastructure needs. Planning Director, Dexter Hayes, reported with the dramatic increase in the population growth for the past four years, the City and County have experienced difficulty in meeting and projecting future infrastructure needs. Both governments are in critical situations as to the provision of needed infrastructure, services, schools, and transportation, which has become a critical issue. The infrastructure plan must be coordinated with a capital plan to meet these needs. A lengthy discussion was held on current and future needs. Chairman Greer requested an explanation of how the repairs and rebuilding of homes after Hurricane Fran would affect the growth projections. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 697 Planning Director Hayes responded building permits for repalrs, rebuilding, and construction of existing dwelling units would not be included as new population growth. These permits would be included as activity in the Inspections Department; however, units lost from the hurricane would be defined as a housing loss in future growth projections. Permits are broken down into a different category for new construction. vice-Chairman Mathews requested the Board to favorably accept the report and encourage the new Board to move forward with implementing the recommendations. Commissioner Barone advised the new Board could change any action taken by the current Board. She emphasized the importance of the new Board recognizing the enormous impact of these recommendations on future development in New Hanover County. Motion: Commissioner Sisson MOVED, SECONDED by Vie e - Cha i rman Mathews to accept the report. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone CONSIDERATION OF FIRE PROTECTION SERVICES FOR THE 421 NORTH INDUSTRIAL CORRIDOR Chairman Greer advised the Board postponed action on this item to allow Commissioner Sisson to meet with City Councilman Harper Peterson to discuss the proposal presented by the City to the Board of County Commissioners on November 6, 1996. He requested Commissioner Sisson to comment on the meeting. Commissioner Sisson advised a meeting was held on Tuesday, November 12, 1996, between Councilman Peterson, Mayor Betz, Wilmington Fire Chief Hill, Assistant County Manager, Bill Whisnant, and County Manager O'Neal to review the proposal presented by the City on November 6, 1996. He reported discussion was held on the Wilmington Fire Department temporarily providing fire protection to 421 North until a permanent plan could be implemented. The permanent plan would place a four-member crew on 421 North with mutual aid provided by the Volunteer Fire Departments. Commissioner Sisson requested the Fire Services Administrator, Phil Kouwe, to comment on the details of the proposal. Mr. Phil Kouwe advised after analyzing the proposal presented by the City, it was felt there was a slight reduction in services compared to the County's proposal. The cost for each fire protection proposal was almost equal; however, the City's proposal had the potential to be higher once items were added back into the proposal that had been inappropriately removed from both plans. The City recommended staffing the Fire Station with a four-man crew in lieu of the County recommending a five-man crew, which would provide two interior teams of two firefighters each plus an apparatus operator on duty. The proposed four-man crew would provide an apparatus operator and two-man interior crew, which would create a significant reduction in fire services. The County's proposal would utilize career personnel and volunteer personnel. Training in first response emergency medical services would be provided to the career personnel to enhance the County's EMS Department. The City's fire proposal did not include any utilization of career personnel to supplement the County's EMS Department. Commissioner Sisson advised the City's proposal had no provision for incorporating volunteer personnel into its system NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 698 other than hauling water across the bridge. Also, the capital outlay for the proposal submitted by the City was basically the same with the County still being required to provide the building and equipment. There was no indication that the City would develop a higher level of training or provide an opportunity for the volunteer personnel to work in a mixed environment. Another factor to consider is the poor quality of the City's radio communications system. The City is not on the 800 MHZ system, and this cost was not included in the 421 fire proposal. In closing, Commissioner Sisson reported the City and County should develop cooperative efforts in the areas to be annexed, but not in the provision of fire service to the 421 North Industrial Corridor. Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman Mathews to proceed with the proposal presented by the County for the provision of fire service to the 421 North Industrial Corridor. A lengthy discussion followed on the potential for an increase ln the fire tax. Commissioner Caster asked if the current tax rate of 2.5 cents would cover the cost of the proposed fire service? County Manager O'Neal responded the fire tax would cover the first year's initial cost; however, the fire district tax would increase in the future because of the City's proposed annexation and the continued demand for fire protection services in the unincorporated County. Commissioner Sisson advised that New Hanover County currently has the lowest fire tax of any urbanized county in the State. If the fire tax was doubled, the County would still have the lowest rate. Also, the provision of better fire service on the 421 Industrial Corridor will enhance the growth of industry in this area and increase the tax base for the County. Commissioner Barone strongly objected to expanding government and stated contracting with the Wilmington Fire Department would be cheaper in the long run because another County department would not be established with the hiring of additional employees and payment of fringe benefits. She advised the Wilmington Fire Department was capable of providing the service and it was not fair to the taxpayers to begin duplications of services that are already available. Chairman Greer called for a vote on the MOTION TO PROCEED with the proposal presented by the County. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Chairman Greer inquired as to the status of the Porters Neck fire substation? Fire Services Administrator Kouwe responded the architectural plans and drawings had been completed and the material for the exterior of the building had been selected. He advised the Legal Department was working on the performance based contract. Assistant County Attorney, Kemp Burpeau, advised the original contract called for a performance based contract, and he reported most of the problems had been resolved in negotiating the agreement earlier this year. The deadline for receiving the contract is December 30, 1996. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 699 ADOPTION OF RESOLUTION AMENDING THE BY-LAWS OF THE CAPE FEAR COAST CONVENTION AND VISITORS BUREAU Ms. Jean Bullock, a member of the Cape Fear Coast Convention and Visitors Bureau (CVB) , presented revisions to the CVB By-laws and reported action would have to be approved by the Board of County Commissioners and Wilmington City Council before the By-laws could be amended. After a complete reVlew of the revisions, Chairman Greer commented on the following sections and recommended the proposed changes to better clarify the intent of the By-laws: ARTICLE II - MEMBERS (1) Section 2. Appointment of Directors: Change the membership of the CVB Board from fourteen (14) to sixteen (16) with the two new positions being designated as restaurant representatives. (2) Under the two (2) At-Large positions, delete the following language. . . (Bank, restaurant, other commercial entity) . (3) Delete the dates of appointment under the Marketing, Advertising and Public Relations Professional position to read as follows....Appointed alternately by the County Commissioners and City Council. (4) Section 3. Tenure: Reword the last sentence to read as follows:.. directors may serve two full consecutive terms and any portion of an unexpired term. (5) Section 6. Resiqnation: Change the first sentence by deleting thirty (30) days to read as follows...Any Director may resign by giving written notice to the Chairman of the Board of Directors who will forward the notice to the appropriate governmental body making the appointment. (6) Section 8. Attendance: Change the first sentence to read as follows.. . Any Director who has three unexcused absences shall give cause for termination of service. ARTICLE III - MEETINGS OF DIRECTORS (7) Section 3. Action by Directors: Delete "from time to time": in the last portion of the last sentence to read as follows.....a majority of the members present may adjourn the meeting without further notice. ARTICLE V - DUTIES OF OFFICERS (8) Section 1. Duties of Officers - Subsection D. Treasurer: Delete the following portion of the last sentence... and perform such other duties as may be assigned by the Chairman and/or Board of Directors. Chairman Greer advised this change was recommended because the Finance Officer for the CVB Board of Directors was the New Hanover County Director of Finance who should not be assigned additional duties. ARTICLE VI - COMMITTEES Chairman Greer reported discussion had occurred among the Commissioners about appointed boards and committees recommending persons to fill vacant positions. He advised this had created an awkward position for the Board of County Commissioners and the persons who had filled out applications to be considered for appointment. He recommended deleting the Board Application Review Committee under the following sections: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 700 (9) Section 2. StandinG Committees: Change the first sentence to two standing committees and delete the Board Application Review Committee from the last portion of the sentence. (10) Section 3. Duties of StandinG Committees - Section C: Delete Board Application Review Committee section. Motion: After further discussion, Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt a resolution approving the amendments to the By-Laws of the Cape Fear Coast Convention and Visitors Bureau, Inc. as listed by Chairman Greer. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 30. PUBLIC HEARING TO CONSIDER THE LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM Deputy County Manager, Andrew J. Atkinson, reported the County had been notified by the Bureau of Justice Assistance, a section of the U. S. Department of Justice, that a grant had been awarded to New Hanover County in the amount of $65,288. In order for the funds to be obligated, the County was required to conduct a Public Hearing. The grant funds will be used to provide drug treatment services to persons sentenced by the Drug Court. Chairman Greer requested a motion to open the Public Hearing. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to open the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the Public Hearing and inquired as to whether anyone from the public would like to comment. No remarks were received. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer closed the Public Hearing. BREAK Chairman Greer convened from Regular Session for a break from 11:02 A.M. until 11:15 A.M. REQUEST TO DESIGNATE NEW HANOVER REGIONAL MEDICAL CENTER AS THE LEAD AGENCY FOR THE COMMUNITY ALTERNATIVES PROGRAM FOR DISABLED ADULTS Director of Social Services, Wayne Morris, reported the Department of Social Services had operated the Community Alternatives Program (CAP) for Disabled Adults since 1985. The program has been successful in allowing many disabled adults to remain in their homes in lieu of entering nursing homes. After a review of the program, Staff felt the program could be more effectively administered by a health care provider. When approaching New Hanover Regional Medical Center about assuming the responsibility of the program, the Board of Social Services and the New Hanover Regional Medical Center Board of Trustees approved the transfer. In order for the transfer to occur, approval has to be obtained from the New Hanover County Board of Commissioners. Commissioner Caster reported when the Board of Trustees were requested to approve the transfer, it was found that many of the CAP programs throughout the State were managed by hospitals. He commented on other home health care agencies and requested Ms. Donna Bost, a Staff Member of the New Hanover Regional Medical Center, to comment on this issue. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 701 Ms. Bost reported after a conversation with Mr. Herring, a local health care provider, she was aware of the concerns within the community about the continued rotation of health care providers. She advised the CAP program requires rotation of health care providers and stated the Medical Center would act as case managers for the clients with a determination of the services needed. These services would be rotated to the health care providers within the community. Commissioner Barone inquired as to whether the transfer would reduce the number of employees ln the Department of Social Services? Director Morris responded that three positions had been assigned to the program; however, the positions were not filled and the department utilized temporary personnel until the program could be transferred. He advised the positions were not currently needed but could be needed in the future. Motion: Commissioner Barone spoke in favor of the program because of the savings to the County when patients are allowed to remain at home in lieu of a nursing home, and she MOVED, SECONDED by Vice- Chairman Mathews to designate New Hanover Regional Medical Center as the lead agency for the Community Alternatives Program for Disabled Adults. Staff was directed to inform the N. C. Department of Human Resources, Division of Medical Assistance, about this transfer. Upon vote, the MOTION CARRIED UNANIMOUSLY. AWARD OF BID #96-0366 (CONTRACT #96-0366) TO H.T.E., INC. TO PURCHASE A COMPUTER SYSTEM FOR THE INSPECTIONS DEPARTMENT AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #97-0072 Inspections Director, Jay Graham, reported in February 1996, Staff was directed to solicit bids to purchase a computer system for the Inspections Department. After completing the bidding process, Staff recommends award of Bid #96-0366 to H.T.E., Inc. in the negotiated amount of $481,989 to provide an automation system to the Inspections Department. The Board was requested to adopt the resolution awarding the bid and approve the associated Budget Amendmen t . Chairman Greer commented on the purchase of computer equipment during the past two years and requested an explanation as to whether this equipment would be used with the new system. Inspections Director Graham responded some in-house and field computer units were purchased to establish a pilot program to test the mobile office concept. The MIS Department developed the software for the pilot program, which was very limited. The new system will be a full provider package that will allow full automation of the Inspections Department both internally and externally. The existing laptop computers will continue to be used under the new system. Chairman Greer inquired as to the cost of contract? Inspections Director Graham responded contract was $16,500 with the fee being progressive. the the servlce serVlce Deputy County Manager Atkinson advised the annual service fee was based upon a percentage of the purchase price and continual upgrades to the system. He stated through this type of service contract, the accounting and payroll software has remained current for thirteen years without having to purchase a new system, which had been quite cost-effective. Chairman Greer inquired as to why the funds were removed from the general fund balance in lieu of contingencies? County Manager O'Neal responded the system would be purchased through the collection of user fees that are placed in the general NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 702 fund balance. The money will be reimbursed to the County through the course of the year. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to adopt a resolution awarding the bid to H.T.E., Inc. in the amount of $481,989 and approve the associated Budget Amendment in the amount of $85,000 for the purchase of an automation system for the Inspections Department contingent upon any unused funds being returned to the general fund. The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 30. A copy of the contract is on file in the Legal Department. Budget Amendment #97-002 - County Commissioners/Inspections Debit Credit County Commissioners Appropriated Fund Balance $85,000 Inspections Capital Outlay - Equipment $85,000 Purpose: To appropriate fund balance for the additional cost of automation for the Inspections Department. COMMITTEE APPOINTMENTS Appointment of Phyllis Spivey to Serve on the Criminal Justice Partnership Advisory Board Chairman Greer announced that Sandra Morris had resigned on September 16, 1996, and the Criminal Justice Partnership Advisory Board had requested a representative from the Victim Services Category. Commissioner Barone stated as Chairman of the Criminal Justice Partnership Advisory Board she felt a representative was needed from the Victim Services Category. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to appoint Phyllis Spivey to serve on the Criminal Justice Partnership Advisory Board as the representative for the Victim Services Category. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Margaret Weller-Stargell to Serve on the New Hanover Regional Medical Center Board of Trustees Chairman Greer recommended deferring action on filling the vacant position on the New Hanover Regional Medical Center Board of Trustees until a final decision had been reached by the Board of County Commissioners on the conveyance of the public hospital to a General Community Hospital. Commissioner Caster, the Commissioner serving on the Board of Trustees, advised that discussion has been held about filling the vacancy and reported the Board of Trustees preferred full membership with any necessary adjustments being made after a decision has been rendered on the conveyance issue. Chairman Greer opened the floor to receive nominations. Commissioner Barone nominated Michael Philip Kingoff. The NOMINATION DID NOT RECEIVE A SECOND. Commissioner Sisson nominated Margaret Weller-Stargell. The nomination was seconded by Commissioner Caster. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 703 vice-Chairman Mathews nominated Joseph L. nomination was seconded by Commissioner Barone. Soto. The There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Margaret Weller-Stargell to serve a three-year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire September 30, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Chairman Greer Voting Nay: Commissioner Barone Vice-Chairman Mathews Appointment of LYn Williams-Yow to Serve on the Nursing Home Community Advisory Committee Chairman Greer reported there was one vacancy on the Nursing Home Community Advisory Committee. He advised two applications had been received and one of the applicants, Lyn Williams-Yow was eligible to serve a three-year term. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to appoint Lyn williams-Yow to serve a three-year term on the Nursing Home Community Advisory Committee. The term is to expire November 30, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Members to Serve on the Personal Watercraft Regulations Task Force Chairman Greer reported the Board had established a Task Force on September 16, 1996, to be composed of eleven members in the categories as outlined in the agenda packet. He reported that 15 applications had been received with one for each category except for the personal watercraft industry with three applications for two representatives and the concerned citizen category with six applications for three representatives. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to appoint the following persons to serve on the Personal Watercraft Regulations Task Force. Upon vote, the MOTION CARRIED UNANIMOUSLY. Lt. Tony Williams Greg Hood Martin H. Posey Edward S. Barclay, Jr. Marian T. McPhaul Walker Golder N. C. wildlife Resources Commission U. S. Coast Guard UNCW Representative Figure 8 Island Board & Safety Comm. Society for Masonboro Island, Inc. National Audubon Society Chairman Greer opened the floor to receive nominations for the Personal Watercraft Industry representatives. Commissioner Sisson nominated Scott Britt. The nomination was seconded by Vice-Chairman Mathews. Vice-Chairman Mathews nominated Warren Barnes. The nomination was seconded by Commissioner Caster. There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Scott Britt and Warren Barnes to serve as representatives of the Personal Watercraft Industry on the Personal Watercraft Regulations Task Force. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 704 Chairman Greer opened the floor to recelve nominations for the Concerned Citizens category. vice-Chairman Mathews nominated Arland Commissioner Sisson seconded the nomination. B. Whitesides. Commissioner Barone nominated Mark W. Rogozzino. Commissioner Caster seconded the nomination. Commissioner Sisson nominated John B. Taggart. Vice-Chairman Mathews seconded the nomination. Chairman Greer nominated Justin W. Lanasa. Barone seconded the nomination. Commissioner There being no further nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Arland B. Whitesides to serve as a representative of the Concerned Citizens category on the Personal Watercraft Regulations Task Force. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vote: Chairman Greer called for a vote on the appointment of Mark W. Rogozzino to serve as a representative of the Concerned Citizens category on the Personal Watercraft Regulations Task Force. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner Sisson vice-Chairman Mathews Vote: Chairman Greer called for a vote on the appointment of John B. Taggart to serve as a representative of the Concerned Citizens category on the Personal Watercraft Regulations Task Force. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Sisson vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer Vote: Chairman Greer called for a vote on the appointment of Justin W. Lanasa to serve as a representative of the Concerned Ci tizens category on the Personal Watercraft Regulations Task Force. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Zoning Board of Adjustment Chairman Greer announced there were three vacancies and one alternate vacancy on the Zoning Board of Adjustment. He advised there were two (2) three-year terms and one (1) unexpired term. Chairman Greer opened the floor to recelve nominations. Commissioner Caster nominated Peter Michael Devita. Chairman Mathews seconded the nomination. vice- Commissioner Caster nominated Larry Flowers. Barone seconded the nomination. Commissioner Commissioner Caster nominated Irving Commissioner Barone seconded the nomination. "Rod" Smith. Vote: Chairman Greer called for a vote on the appointment of Peter Michael Devita to serve on the Zoning Board of Adjustment for a NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 705 three-year term to expire December 1, 1999. CARRIED UNANIMOUSLY. Upon vote, the MOTION Vote: Chairman Greer called for a vote on the appointment of Irving "Rod" Smith to serve on the Zoning Board of Adjustment for a three-year term to expire December 1, 1999. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vote: Chairman Greer called for a vote on the appointment of Larry Flowers to fill the unexpired term of Joyce Bragg on the Zoning Board of Adjustment with the term to expire December 1, 1997. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer opened the floor to receive nominations for filling the alternate position on the Zoning Board of Adjustment. Commissioner Sisson nominated Dallas J. Brown. Vice-Chairman Mathews seconded the nomination. Commissioner Barone nominated Robert A. Dudek. NO SECOND WAS RECEIVED ON THE NOMINATION. Commissioner Caster nominated Jeffrey R. Bellows. Greer seconded the nomination. Chairman There being no other nominations, Chairman Greer declared the nominations closed. Vote: Chairman Greer called for a vote on the appointment of Dallas J. Brown to fill the alternate position on the Zoning Board of Adjustment. Upon vote, the MOTION FAILED TO CARRY AS FOLLOWS: Voting Aye: Commissioner Sisson Vice-Chairman Mathews Voting Nay: Commissioner Barone Commissioner Caster Chairman Greer Vote: Chairman Greer called for a vote on the appointment of Jeffrey R. Bellows to serve a three-year term as an alternate member of the Zoning Board of Adjustment with the term to expire December 1, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Chairman Greer Voting Nay: Commissioner Sisson Vice-Chairman Mathews MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 12:50 P.M. until 1:15 P.M. ADDITIONAL ITEMS Adoption of Resolution to Approve Release of State Funds to the Cape Fear Council of Governments County Manager O'Neal requested the Board resolution to approve the release of State funds in $48,015.00 for the Cape Fear Council of Governments County's share of $13,635.36. to adopt a the amount of including the Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to adopt the resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 706 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 30. Discussion of Drainage Standards Drafted by Commissioner Sisson Commissioner Sisson commented on the need for the newly elected Commissioners to review some drainage standards when being sworn into office on December 2, 1996. Chairman Greer agreed and reported discussion had been held about the current Board meeting with the newly elected Commissioners to discuss important issues, such as drainage. He asked if the date of November 26, 1996, at 7:15 A.M. would be convenient for the Board. Consensus: schedule Building, A.M. After discussion, it was the consensus of the Board to a meeting in Room 501 of the County Administration 320 Chestnut Street, on Tuesday, November 26, 1996, 7:15 Ratification of Right-of-Entry Proclamations Signed by the Chairman During the Hurricane Fran State of Emergency Chairman Greer requested the Board to ratify the right-of- entry proclamations which he signed under the State of Emergency during Hurricane Fran. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to approve the right-of-entry proclamations as signed by the Chairman during the Hurricane Fran State of Emergency. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the proclamations are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 30. Ratification of Proclamation Designating the Week of November 15-22 as SERTOMA Week in New Hanover County Commissioner Barone requested ratification of the proclamation designating the week of November 15-22, 1996, as SERTOMA Week in New Hanover County. She advised the local SERTOMA Club sponsored the Annual Fall State Conference in Wilmington. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to ratify the proclamation welcoming the SERTOMA Club to Wilmington and designating the week of November 15-22, 1996, as SERTOMA WEEK in New Hanover County. 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 XXIII, Page 30. Reports by Commissioner Caster Commissioner Caster reported on presenting a proclamation designating Youth Appreciation Week in New Hanover County to the Optimist Club of Cape Fear. He advised the event was quite enjoyable. Commissioner Caster reported on attending the United Way Luncheon on Thursday and advised New Hanover County was in the top ten of the three highest categories. He expressed appreciation to the County employees for so generously contributing to the United Way. Commissioner Caster reported on riding with a Deputy assigned to enforce a State speeding program and expressed concern for the number of drivers speeding or running traffic signals. He complimented the Sheriff's Department for the outstanding job being performed by the deputies and stated if the County decides to increase night patrols or add additional enforcement duties to the Sheriff's Department, more personnel will be needed. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 18, 1996 BOOK 25 PAGE 707 Reports by Chairman Greer Chairman Greer reported on attending a meeting of the Human Services Task Force to determine what will happen with federal block grant funding for the human services programs. He advised that three meetings had been scheduled before Christmas, and it appears that no one can predict what will happen to counties if funding is reduced. Chairman Greer reported on meeting with the Executive Committee of the N. C. Association of County Commissioners and Executive Committee of the League of Municipalities to receive a report from the Annexation Committee. He commented on the many differences between cities and counties and stated many cities feel that counties are providing services that are the responsibilities of municipalities. Commissioner Sisson noted that cities should not be able to annex unless services could be provided cheaper and more efficiently. Chairman Greer advised that cities feel the major services, such as water, sewer, and trash should be provided by the municipalities. He stressed the importance of cities and counties working cooperatively together in order to address the many infrastructure and school needs throughout the State. Discussion of Scheduling a Meeting with the Homeowners County Manager O'Neal reported the Board had requested scheduling a meeting on the 11th or 12th of December to discuss the problems being experienced by homeowners and officials from the N. C. Department of Insurance. He requested direction from the Board. Chairman Greer suggested scheduling the meeting in January. Commissioner Sisson advised it was inappropriate for the current Board to make decisions for the new Board; however, the new Board should be completely informed about this matter. No meeting was scheduled. ADJOURNMENT Chairman Greer adjourned the meeting at 1:15 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board