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2003-03-24 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 537 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 24, 2003, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, N.C. Members present were: Vice-Chairman Robert G. Greer; Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Davis arrived late because he was representing a client in court. Vice-Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Mr. Carl Byrd, Sr., Director of Human Relations, gave the invocation. The Color Guard was presented by the Sheriff’s Department. Seventeen children from the Noah’s Ark Children Center led the audience in the Pledge of Allegiance to the Flag. Vice-Chairman Greer expressed appreciation to the Sheriff’s Department for the Color Guard and to the children from the Noah’s Ark Children Center for attending the meeting and leading the audience in the Pledge of Allegiance. ADOPTION OF PROCLAMATION DECLARING THE WEEK OF APRIL 6-12, 2003, AS NATIONAL COUNTY AND THE IN NEW HANOVER COUNTY GOVERNMENT WEEKWEEK OF THE YOUNG CHILD Vice-Chairman Greer read a proclamation declaring the week of April 6-12, 2003, as National County Government Week and the Week of the Young Child in New Hanover County. He called for a motion to adopt the resolution. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the proclamation as read. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Vice-Chairman Greer presented the proclamation to Ms. Pat Carriker. Ms. Pat Carriker, Chairman of the Partnership for Children Board of Directors, expressed appreciation to the Board for the proclamation and for the cooperation the County Commissioners have demonstrated in the Partnership’s endeavors to serve young children in the community. She noted that the children attending the meeting were from a “More at Four” classroom in collaboration with the School System to serve at-risk four-year old children. In closing, Ms. Carriker presented a banner to be hung during the “Week of the Young Child” on the main floor in the Historic Courthouse during the Azalea Festival. She also stated that the children had a gift for each Commissioner. Vice-Chairman Greer expressed appreciation to Ms. Carriker, the teachers and children for their participation in the meeting and for the nice gifts. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 8.5. INTRODUCTION OF NEW DIRECTOR OF THE DEPARTMENT OF SOCIAL SERVICES County Manager O’Neal introduced Mr. LaVaughn Nesmith, the new Director of the Department of Social Services, and reported that Mr. Nesmith had served many years as a Director of Social Services in the State of South Carolina and was considered one of the top directors throughout State. He advised that New Hanover County was fortunate to have Mr. Nesmith as the new Director of Social Services and stated that it was apparent he was the right person for the job. Mr. Nesmith stated that he was honored to be selected as the new Director of Social Services and noted that he looked forward to carrying out the mission of the Department of Social Services which is to help people live better lives that can be accomplished through a productive relationship with the community. On behalf of the Board, Vice-Chairman Greer welcomed Mr. Nesmith to New Hanover County and stated the Commissioners are looking forward to working with him in accomplishing the mission of the Department of Social Services. Mr. Frankie Roberts, a member of the Board of Social Services, advised that the Social Services Board is looking forward to working with Mr. Nesmith and the Board of County Commissioners in helping people to have better lives. APPROVAL OF CONSENT AGENDA Vice-Chairman Greer advised that Consent Agenda Item 4 should be moved to the Water and Sewer District agenda. He asked if any Commissioner would like to remove or discuss another item on the Consent Agenda. Hearing no comments, Vice-Chairman Greer called for a motion to approve the Consent Agenda. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 538 Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve the items on the Consent Agenda as presented with the exception of Consent Agenda Item 4 which will be discussed on the Water and Sewer Agenda. Upon vote, the MOTION CARRIED 4 to 0. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting held on March 10, 2003, as presented by the Clerk to the Board. Review of Board of Education Capital Outlay Budget Transfer The Commissioners reviewed the Board of Education Capital Outlay Budget Transfer of $140,652.72 from the HVAC Upgrades account to the Steam Pipe Replacement Project at Roland Grise Middle School. The Commissioners do not have to approve the amendment and no additional County funds are required. Approval of Contribution to the North Carolina City and County Management Association’s (NCCCMA) Civic Education Project and Approval of Associated Budget Amendment #03-0152 The Commissioners approved a contribution and the associated budget amendment in the amount of $1,250 to the NCCCMA for participation in the Civic Education Project to disseminate the publication, Local Government in North Carolina, to schools throughout the State: Budget Amendment #03-0152-County Manager’s Office Adjustment Debit Credit Contingencies$1,250 Dues & Subscriptions $1,250 Explanation: To transfer funds from contingency for NCCCMA Civic Education Project. Acceptance of Training Grant from HUD for the Fair Housing Assistance Program Operated by Human Relations and Approval of Associated Budget Amendment #03-0155 The Commissioners accepted a training grant from HUD in the amount of $250,000 to conduct the annual mandatory training for its Fair Housing Assistance programs (FHAP) and approved associated budget amendment # 03- 0155. The New Hanover Human Relations Commission is the designated FHAP agency and will co-sponsor the event this year. Funds will be used to cover costs of the training for all participants. Any remaining funds must be used for housing, education and training efforts of the Commission. Budget Amendment #03-0155-Human Relations-HUD Adjustment Debit Credit HUD Grant $250,000 Travel and Training $250,000 Explanation: To budget the HUD grant awarded to Human Relations to co-host the HUD Training conference. Approval of Automation Upgrade for the Department of Social Services (DSS) The Commissioners approved an automation upgrade for the Department of Social Services (DSS) in the amount of $289,700. In order to insure compliance with required security measures of the Health Insurance Portability and Accountability Act and access appropriate data from the State DHHS Agency, DSS must upgrade its computer technology system. Upon assessing its ability to upgrade the current system, the IT staff determined that the system does not have the capacity required for upgrades; therefore, the entire system must be replaced. No additional County funds are necessary. The State will reimburse 50% of the purchase, and adequate funds are available through salary lag for the balance. Authorization to Submit a Hazardous Materials Emergency Planning Grant Application to the N. C. Division of Emergency Management The Commissioners authorized filing a grant application to the N. C. Division of Emergency Management in the amount of $5,000 to provide contracted services and supplies to host a workshop to assist local industries in cataloging and reporting hazardous chemicals to state, federal and local authorities. The workshop and associated materials will assist industry and local responders to be better prepared to respond to an accidental release, fire, or other emergency involving hazardous materials. The County Manager was authorized to accept the grant and approve the related budget amendment if the grant is awarded. Approval Budget Amendment #03-0150 to Increase the Budget For Additional Funds Received by the Tourism Development Authority (TDA) The Commissioners approved the following budget amendment to budget additional TDA funds received from Carolina Beach and Wrightsville Beach. The Board established a Tourism Development Authority (TDA) effective January 1, 2003. The TDA is NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 539 funded by the Room Occupancy Tax collected in the County. In addition to the first three percent, Carolina Beach and Wrightsville Beach enacted a second three percent Room Occupancy Tax effective February 1, 2003, and the City of Wilmington enacted the tax effective March 1, 2003. Even though the funds are remitted to the TDA from New Hanover County, a budget amendment is necessary to facilitate the process. These budget amendments will provide for the transfer of additional funds to the TDA on behalf of Carolina Beach and Wrightsville Beach. The funds collected for the City of Wilmington will remain with New Hanover County in a special interest bearing account. This arrangement has been included in the following budget amendment: Budget Amendment #03-0150-Room Occupancy Tax/General Government Adjustment Debit Credit ROTS- Carolina Beach $150,000 ROTS- Wrightsville Beach $350,000 ROTS- Wilmington$500,000 Transfer to TDA - Carolina Beach $150,000 Transfer to TDA- Wrightsville Beach$350,000 Special Account- Wilmington $500,000 Explanation: To budget additional funds for the TDA on behalf of Carolina Beach and Wrightsville Beach and to budget additional funds to the special account for City of Wilmington. Acceptance of Tax Collection Reports Through February 28, 20023 The Commissioners accepted the following Tax Collection Reports through February 28, 2003, as submitted by the Collector of the Revenue, Patricia J. Raynor: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVIII, Page 8.6. Release of Values - Tax Department The Commissioners approved release of late listing penalties for the following taxpayers, as it was their first offense: D'Andrea, Frank Edward $ 13.17 Glitz, Et Al Motivational $1,086.00 Smittys 421 Tavern $ 661.32 The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers: Allred, Roger H. Jr. $19,575 Bowden, Annie R. $44,695 Caulder, Delores K. $38,307 Cubbage, Earl D. Jr. $42,733 Dew, Mary C. $28,409 Hill, Roylee Etal. $14,634 Lorek, Louise T. $49,318 Melton, Dennis G. Sr. $34,991 Spirakis, Antonius $20,000 Waterford, Geneva Etal. $20,000 White, Katherine Allen $20,888 Tobey, Alice Katherine* $20,000 *The above adjustment for Alice Tobey is a correction from the February 17, 2003 agenda. An error was made in the amount of the exclusion. This item is re-submitted as a correction to this amount. Approval for New Hanover County Cooperative Extension to Use a County Free Day at Coastline Convention Center for the Wilmington Garden Show Event The Commissioners approved a request from Cooperative Extension to use a County free day at the Coastline Convention Center for the Wilmington Garden Show in the month of February 2004. This free day allows the Arboretum Foundation to apply the money saved directly to Arboretum projects and operations. Approval of Budget Amendment #03-0145-Social Services The Commissioners approved the following Budget Amendment: Budget Amendment #03-0145-Social Services AdjustmentDebitCredit Administrative Grant$9,372 Assistance Payments $9,372 Explanation: To budget an additional State allocation. No additional County funds are required. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 540 Approval of Budget Amendment #03-0154-Social Services The Commissioners approved the following Budget Amendment: Budget Amendment #03-0154-Social Services Adjustment Debit Credit Office Day Care$1,617,067 Day Care Services$1,617,067 Explanation: To budget additional State funds received for State Subsidy Day Care. No additional County funds are required. Approval of Budget Amendment #2003-32 - Northeast Branch Library The Commissioners approved the following Budget Amendment: Budget Amendment #2003-32-Northeast Branch Library/Commissioners/Transfer to Other Funds Adjustment Debit Credit Northeast Branch Library Transfer in from General Fund $565 Extended Project Expense $565 Commissioners Appropriate Fund Balance $565 Transfer to Other Funds Transfer to Capital Projects $565 Explanation: To close the Northeast Branch Library Capital Project-Fund 322. Approval of Budget Amendment #2003-33-Controlled Substance Tax for the Sheriff’s Department The Commissioners approved the following Budget Amendment: Budget Amendment #2003-33-Controlled Substance Tax Adjustment Debit Credit Controlled Substance Tax$5,440 Capital Project Expense $5,440 Explanation: To increase the budget for additional revenue received February 26, 2003. Controlled Substance Tax Funds are budgeted as received and must be used for law enforcement as deemed necessary by the Sheriff. Approval of Budget Amendment #2003-34-Federal Forfeited Property for the Sheriff’s Department The Commissioners approved the following Budget Amendment: Budget Amendment #2003-34-Federal Forfeited Property Adjustment Debit Credit Federally Forfeited Property$12,068 Capital Project Expense $12,068 Explanation: To increase the budget for additional revenue received on February 14, 2003 and February 26, 2003. Federal Forfeited Property Funds are budgeted as received and must be used for law enforcement as deemed necessary by the Sheriff. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager O’Neal requested Ms. Betty Creech to step forward to receive a retirement plaque for 30 years of service. On behalf of the Board, Vice-Chairman Greer presented a plaque to Ms. Creech and expressed appreciation to her for 30 years of dedicated service. He wished her a happy retirement. Ms. Creech expressed appreciation to the Board of County Commissioners for the time and effort given by each member to serve as an elected official and address the many issues facing New Hanover County. She also expressed appreciation to the County Administration for allowing her to work 30 years in public health which was truly the career of her choice. County Manager O’Neal requested Jerome Greer to step forward to receive a retirement plaque for 30 years of service. On behalf of the Board, Vice-Chairman Greer presented a plaque to Mr. Greer and expressed appreciation to him for 30 years of dedicated service. He wished him a happy retirement. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 541 Sheriff Causey spoke on the loyal and honorable service given by Mr. Greer as a law enforcement officer for the past 30 years and stated that he would be greatly missed by the Sheriff’s Department. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Nathan JonesSheriff's Department5 years Nadine P. BoltzInspections Department5 years Karen Y. HallInspections Department5 years Christine A. CheekSocial Services Department5 years Corrie S. EdwardsSocial Services Department5 years Jan G. KavanaughIT Department15 years Ruby M. CromartieProperty Management Department15 years On behalf of the Board, Vice-Chairman Greer presented a service award to each employee and thanked them for their years of dedicated service to New Hanover County RECOGNITION OF NEW EMPLOYEES: County Manager O’Neal requested the following new employees to stand and be recognized: Sharon Brock, Finance Department Andrea Thomas, Water and Sewer Finance Allison Stockweather, Health Department Christopher Kiley, Public Safety Communications Amanda Weir, Register of Deeds On behalf of the Board, Vice-Chairman Greer welcomed these new employees to New Hanover County government and wished them success in their new positions. APPROVAL OF MENTAL HEALTH BUSINESS PLAN FOR THE SOUTHEASTERN CENTER Vice-Chairman Greer requested Dr. Art Costantini, Director of the Southeastern Center, to present the Mental Health Business Plan for the Southeastern Center. Dr. Costantini reported that in October 2001, the General Assembly enacted House Bill 381 entitled, “An Act to Phase-In Implementation of the Mental Health System Reform.” In July 2002, Secretary Carmen Hooker Beull produced the State Plan called the Blue Print for Change. The State Plan required the Southeastern Center to develop a blue print for changing from a Service Provision Agency (area program) to a Local Management Entity by April 1, 2003. The Local Business Plan has to be presented to the Southeastern Center Board and the New Hanover County Board of Commissioners, Brunswick County Board of Commissioners and Pender County Board of Commissioners must approve the plan. The main purpose of the Local Business Plan is to develop a strategic plan that serves as guide for what the Southeastern Center will be accomplishing over the next three to five years. Significant issues addressed in the State Plan are as follows: Declarations of Governance by the County Commissioners: County officials will be involved in writing, implementing, and monitoring the Local Business Plan and establishing the target size for area programs. The Southeastern Center program covers a 3-county area with a population of 290,000. The Southeastern Center Board has elected to remain a 3-county area program even though there is an opportunity to expand and include other counties. Change In Role from Area Programs as Providers of Services to Local Management Entities: There will be a greater emphasis on the Local Management Entity as a designated leader that will be responsible for managing and implementing public policy within the local public system. It will take a number of years to accomplish this goal and the Board of County Commissioner will have to be sure that the Southeastern Center is providing services to clients. Since New Hanover County is a more metropolitan area, the County has some resources to build a qualified network of providers from within the community. In Pender County and Brunswick County, many of the practitioners who want to provide the services will be located in New Hanover County which require travel by the consumers. The Southeastern Center would rather provide the space in the two adjoining counties and have the practitioners travel to provide the services. Establishment of Target Populations: The State identifies the target populations based upon the persons eligible for State funded mental health, developmental disabilities, and substance abuse services. The limited State dollars will be used to serve the people who are in need of more help, and local communities will be involved in finding ways to provide help to those people that are not eligible for State funded services. The Active and Meaningful Involvement of Consumers and Family Members in the Oversight and Operation of the Local Management Entity: Each Local Management Entity will have an established Consumer and Family Advisory Committee. Additionally, the State Plan requires that consumers have significant input into the services they receive through implementation of person-centered planning, self-determination processes, and consumer choice. Processes in the Plan by the Local Management Entity to Insure There is a Uniform Portal System of Access to Services: All consumers will have information about services and how to easily access these services, which is a good part of the plan. In closing, Dr. Costantini advised that the Local Business Plan will hold the Southeastern Center accountable NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 542 and stated that every effort will be made to comply to the State Plan; however, the first priority will be the consumer. As the Southeastern Center works through the steps of the plan, it may take time to implement some of the steps, but the objective is to develop a good plan that will comply to the State Plan and work for the Southeastern Center. Commissioner Caster commented on the lack of State funding and expressed concern for counties becoming the entity to implement the plan that could cost a considerable sum of money for New Hanover County. Vice-Chairman Greer agreed and requested Dr. Costantini to keep the Board informed on the implementation process and the lack of funding from the State so the Commissioners can prevent a difficult financial situation for the County. Dr. Costantini noted that he would be glad to keep the Board updated on the entire process. Vice-Chairman Greer called for a motion to approve the Local Business Plan. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to approve the Local Business Plan for the Southeastern Center as presented and to direct Dr. Costantini to submit the plan to the N. C. Department of Health and Human Services. Upon vote, the MOTION CARRIED 4 to 0. A copy of the plan is on file at the Southeastern Center. PRESENTATION ON RECENT ACTIVITIES OF THE WILMINGTON-NEW HANOVER COUNTY PORT, WATERWAY AND BEACH COMMISSION Vice-Chairman Greer requested Mr. Rick Catlin, Chairman of the Port, Waterway and Beach Commission, to present the report. Mr. Catlin reported that the Port, Waterway and Beach Commission traveled to Washington, D. C. in March 2003 to participate in the Annual Meeting of the N. C. Water Resources Congress. He advised that he was a member of the group comprised of Kure Beach Mayor Betty Medlin, Wrightsville Beach Mayor Avery Roberts, Carolina Beach Mayor Ray Rothrock, Wrightsville Beach Town Manager Andrea Surratt, Mr. Joe Augustine, Mr. B. L. Bledsoe, Mr. Wayne A. Hanson, Mr. Robert L. Randall, Mr. Van Reid, and Mr. Larry Saunders. The group had successful meetings with all thirteen congressional offices and the following projects were discussed: Cape Fear River Project: Funding is needed to successfully complete the final phase of this important project. Supplemental Needs for FY ’03$23 million-to deepen water to the State Ports Funding Needs for FY ‘04$21.6 million President’s Budget for FY ‘04$ 9.6 million Shortfall for FY ‘04$ 12 million Commitment from N. C. Congressional delegation to secure $12 million in the budget. Benefits: •Economic stimulus statewide •Employment opportunities •Tax revenues •Attract new customers and keep current business •Serve National Security interests Beach Nourishment: Continuance of nourishment for the three beaches: Project Re-Authorization Dates: Wrightsville Beach 2015 Carolina Beach 2015 Kure Beach 2047 Issues: •Perpetuating vs. Expiring Carolina/Kure Beach Funding Needs for FY ’04$5,530,000 President’s Budget for FY ’04$3,510,000 Shortfall for FY ‘04$2,020,000 Benefits: •Hurricane Protection •Maintain Public Resources •Municipality Infrastructure Protection •Habitat Protection •Reduction in Flood Damage Claims It was felt that funding was secured at the federal level. The life cycle of several of the beaches will be over in 10 to12 years. An attempt will be made to have the nourishment projects refunded. There is a unique opportunity with the Room Occupancy Tax to secure sufficient funding between now and 2015 to pay for beach nourishment projects. The goal is to become self-sufficient, and it is imperative to protect the percentage of the Room Occupancy Tax allocated for beach nourishment in future years. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 543 Atlantic Intracoastal Waterway: The Corps of Engineers have very little money for maintenance of waterways. This is an important commerce and recreational network for New Hanover County. Issues: •Continual Inadequacies in Funding for AIWW Maintenance Funding Needs FY ‘04$10,700,000 President’s Budget for FY ‘04$ 831,000 Shortfall for FY ‘04$ 9,870,000 Benefits: •Interstate and Intrastate Commerce •Commercial Fishing/Ocean Access •Recreational Boating and Safety The Port, Waterway & Beach Commission is working to secure funding to maintain a healthy Atlantic Intracoastal Waterway. Snow’s Cut: Significant erosion is occurring and impacting the State Park and public recreational facilities. Snow’s Cut was originally dredged in1938 to connect Masonboro Sound to the Cape Fear River. Snow’s Cut is part of the Intracoastal Waterway that provides inland passage for commercial traffic along the Atlantic Coast. Funding in the amount of $300,000 has been requested from Congress for the Corps of Engineers to conduct a feasibility study and develop a preliminary design for an erosion project to stabilize the shoreline. There is no way to know if the funding will be granted, but the Port, Waterway & Beach Commission will continue to request funding for this project. Other Projects: Funding was requested for the Morehead City Harbor Maintenance, beach nourishment projects for Ocean Isle Beach, Bouge Banks, Surf City/North Topsail Beach, Oregon Inlet and Randleman Lake. A table was presented summarizing the state, federal, and local funding needed for successful completion of the projects. In closing, Mr. Catlin advised that the Port, Waterway and Beach Commission has been an effective part of securing funding for these types of projects for over three decades. The Commission provides information and continuity to the ever changing elected officials in Washington and Raleigh for projects that span for many years. The Commission did not receive funding from the County last year, but funding will be needed during FY 2003-2004 to continue these projects. Commissioner Caster advised that he serves on the Ports, Waterway and Beach Commission and he complimented the Commission for the work to secure funds for beach nourishment projects and maintenance dredging for the State Ports. After hearing no further comments, Vice-Chairman Greer expressed appreciation to Mr. Catlin and members of the Port, Waterway & Beach Commission for the effort given to secure funding for these beach nourishment and other water related projects. PRESENTATION OF THE DISTINGUISHED BUDGET PRESENTATION AWARD TO THE BUDGET DEPARTMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 County Manager O’Neal reported that notification has been received from the Government Finance Officers Association of the United States and Canada that New Hanover County has qualified to receive the Distinguished Budget Presentation Award for the 13th consecutive year. This award is the highest form of recognition in governmental budgeting. The budget is reviewed by a panel of independent budget experts who use extensive criteria to evaluate the effectiveness of the budget as a policy document, a financial plan, an operations guide, and a communication device. Award-winning documents must be rated "proficient" in all four categories. On behalf of the Board, Vice-Chairman Greer congratulated Budget Director Cam Griffin and her Staff for this th outstanding accomplishment for the 13 year. PRESENTATION OF STATUS REPORT ON COUNTYWIDE RESIDENTIAL SOLID WASTE COLLECTION SYSTEM County Manager O’Neal advised that Mr. Jason Hale, Solid Waste Planner, would make the presentation because Director Church has a case laryngitis. Mr. Hale reported that the Board of County Commissioners instructed Staff to design and implement a mandatory trash collection system for the unincorporated portion of the county. The system is to include not only trash collection, but curbside recycling, yard waste collection, and bulky item collection. The system will provide the same level of solid waste services as those provided by the City of Wilmington. Over the past several months, Staff has been working toward implementation of the proposed system. Internal staff meetings have been held to design the system and eliminate as many problems as possible. Staff has also met with City representatives to design a system that will mirror the City’s program and to learn about problems that can be avoided with implementation of the collection system. On Friday, March 14, 2003, Staff met with the three haulers providing residential collection services. Discussion was held on requiring the haulers to provide customer addresses that could be electronically posted on the County’s GIS System. By locating each company’s customers, it will help to design the franchise area for each company and hopefully reduce the number of customers that will change haulers. There was also discussion on the collection of bad debt and how to address homeowners associations. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 544 Additional meetings will be scheduled once the customer information is received. Other items to complete are: finalization of the territory boundaries; identifying customers within the territories that are not currently subscribing to solid waste services and providing that information to the haulers; negotiating prices; and completing the contracts. Another item is finalization of a solid waste ordinance. A draft has been completed and is being reviewed. The time frame for implementing the program is a target date of July 1, 2003, for at least the garbage collection portion of the trash collection system. This date will depend upon the work currently being performed by the GIS mapping system to identify addresses for each property owner so the haulers will be able to perform billing services. Equipment purchases and delivery of the garbage containers, recycling containers and trucks may be a problem. It may be necessary to phase in other collection services to allow for better allocation of resources. For example, garbage collection would begin July 1, 2003 with curbside recycling beginning a few months later and the two other collection services coming on line as the equipment becomes available. In closing, Mr. Hale offered to answer questions. Commissioner Pritchett advised that she was pleased to be moving forward with a countywide trash collection system because this item is the one major service that citizens have wanted for a number of years. She advised that a good collection system will help to stop illegal dumping throughout the County. Commissioner Boseman commented on bidding out the collection system in zones and asked if new hauling companies would be allowed to become a part of the system. Mr. Hale responded that new haulers would not be able to become part of the residential collection system, but new haulers could compete for the commercial markets. He explained that once the information is received from the GIS Mapping System, Staff will know which haulers are servicing each area. For example, if a hauler is servicing 30% of clients in the southern part of the County, that hauler will be granted the southern part of the County at that proportion. As new construction occurs in this area, the hauler will be able pick up new clients; however, if any area begins to look inequitable, Staff will re-analyze and rezone areas to be fair to all haulers. In discussion of the average monthly bill for trash pick-up under the new system, Mr. Hale advised that he did not have an exact figure, but it should be approximately the same as what City residents are paying. Vice-Chairman Greer asked if any figures were available showing the number of residents that do not use a trash service. Mr. Hale responded that once the information is received from the GIS System and the haulers, Staff will know the number of persons that are not using a trash collection service. After hearing no further comments, Vice-Chairman Greer expressed appreciation to Mr. Hale and Director Ray Church for the presentation. PRESENTATION OF ANNUAL REPORT ON FIRE DISTRICT ACTIVITY Vice-Chairman Greer requested Fire Administrator, Donnie Hall to present the Annual Report. Fire Administrator Hall reported that the Fire Services Department is comprised of three divisions: 1.Operations: This Division deals with fire suppression, rescue, and medical response. During the past year, fire call response increased by 5%. The insurance rate for homeowners decreased in the Myrtle Grove District from a Class 9S to a Class 5, and in the Castle Hayne District from a Class 9S to Class 6. Further development of tactical rescue has provided an opportunity for the Fire Departments to receive continual training in the area of structural collapse. The Fire Services Department is also a primary responder for tactical incidents that occur at the General Electric Plant. There is an on-going effort to continue to build a relationship with the Wilmington Fire Department Tactical Rescue Team to establish one of the region’s well rounded responses to a natural or manmade disaster. The training has also been expanded to work with new objectives regarding terrorism threats to the area. 2. Administration: This Division deals with inspections, investigations, and public education. In 2002, an overhaul of the Fire Marshal’s Division was completed. Some inspectors were replaced and the Fire Marshal retired in December 2002. The Fire Services Department has found a replacement but additional information has to be completed before releasing the name of the new Fire Marshal. 3.Fire Marshal’s Division: This Division completed 1,660 fire inspections and 63 fire scene investigations. When investigating a fire, it must be determined if the fire was caused by an accident, an act of nature or intentional. Of the 62 fires investigated, one-third were ruled intentional or undetermined and no arrests have been made. During the current year, the Fire Marshal’s Division has already conducted 30 fire scene investigations. Fire Education: The Carolina Fire Crew is a singing and dancing group of firefighters that provide skits and music entertainment to school children. This group held 48 performances with 37 performances held at schools. The attendance is estimated at 16,773 with 12,587 being children and 4,146 adults. This program has been recommended for a County Outstanding Program Award and the group received an Honorable Mention for the N. C. Fire Prevention Award. Two FEMA Fire Act Grants were awarded during the past year, one for Health and Wellness programs and one for Fire NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 545 Prevention programs. Grant funds received for health and wellness were used to bring in physicians and physical fitness trainers to work with the firefighters. The program was concluded in December 2002 and an award was presented to Doug Monroe, a volunteer in the Castle Hayne Volunteer Department, for being the highest achiever. Grant funds were also received to educate the public about fire prevention. This goal was accomplished through Public Service Announcements, establishment of a Smoke Detector Program and an educational program on the use of smoke detectors. Capital Projects: The Federal Point Fire Rescue Station was completed and plans are underway to announce in the near future an ALS Medical Unit responding as part of a partnership with New Hanover Regional Emergency Medical Services and the New Hanover County Fire/Federal Point Rescue Unit to provide better service to the southern part of the County. A storage facility was completed for the Castle Hayne Volunteer Fire Department and the Wrightsboro Volunteer Fire Department was renovated. A rescue truck was replaced for the Castle Hayne area that was 20 years old and an engine was replaced in a truck for the Highway 421 area. In the future, a Capital Replacement Program should be established to replace aged equipment on a planned schedule without increasing the debt service. Due to budget constraints, capital equipment has been eliminated from the Fire Services budget. These needs must be addressed in the FY 2003-2004 Budget to protect the safety and health of the firefighters. In concluding the presentation, Fire Administrator Hall advised that the fire insurance rates for homeowners are based on grades received in the following major categories: Communications represent 10% of the score, Water Systems represent 40%, and Fire Departments represent 50%. With the number of water systems that have been established, the Engineering Department has been cooperative in identifying areas where fire hydrants can be located with water lines providing a sufficient flow to accommodate the number of dwellings in an area. If a dwelling is within 1,000 feet of a fire hydrant, that homeowner is eligible to receive the fire insurance deduction at an estimated savings of $250 per $100,000 of the property value depending on which insurance provider is used. Commissioner Caster asked why only 62 fires were investigated. Fire Administrator Hall explained that North Carolina Statutes allow the fire scene commander to determine the cause of the fire. If the commander feels the fire was not caused by an accident or an act of nature, the incident is forwarded to the Fire Services Department for investigation. If the department feels there was criminal intent, the entire fire scene becomes a crime scene and the Sheriff’s Department begins its investigation. Of the 62 investigations, two- thirds were an act of nature or accident and the remaining one-third was determined to be intentional or undetermined. In discussion of the first response system, Commissioner Caster requested an explanation of what would happen when a vehicle accident occurs on North College Road. Fire Administrator Hall responded if an accident occurs at the intersection of Murrayville and North College Road, the Wrightsboro Volunteer Fire Department would respond for fire suppression, the Castle Hayne Volunteer Fire Department would respond for rescue, and the Medical Center Emergency Medical Services would respond from the closest facility. Commissioner Caster spoke on the services provided being good for the community but stated that the citizens must understand that this level of services costs a great deal of money. Hearing no further comments, Vice-Chairman Greer expressed appreciation to Fire Administrator Hall for an informative presentation. ARRIVAL OF CHAIRMAN DAVIS Chairman Davis arrived at 10:40 a.m. BREAK Chairman Davis expressed appreciation to Vice-Chairman Greer for chairing the meeting and he called for a break from 10:41 a.m. until 10:50 a.m. PRESENTATION OF A DRAFT REPORT AND RECOMMENDATIONS OF THE US 17 BY-PASS COMMITTEE Planning Director Dexter Hayes reported that in August 2002, the By-Pass Committee was established and comprised of Mr. David C. Giradot, Mr. Frank Smith, Mr. J. Robert Fullerton, Ms. Ann Griffith, Mr. Andrew Koeppel, Mr. James W. Souders, Mr. Emerson Whitted and members of the Planning Staff. The Committee was charged with making recommendations for amendments to the Comprehensive Land Use Plan for areas impacted by the Outer Loop By-Pass to be named Interstate 140 (I-140). A map was presented of the I-140 By-Pass extending from the Porters Neck Interchange to a planned interchange at Crooked Pine Road (which has not been included in the NCDOT budget), to the I-40 Interchange, to a future interchange at Blue Clay Road (which has been budgeted), to the Castle Hayne Road Interchange, and to the U. S. Highway 421 Interchange. All of the intersections are under construction with the exception of Blue Clay Road and Crooked Pine Road. Discussion was held on the right-hand access points. Planning Director Hayes advised that when traveling west, the first exit off of I-140 will be at Castle Hayne Road near General Electric with its termination at Highway 421. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 546 Vice-Chairman Greer asked if access points had been addressed when traveling from the south side to the north side. Planning Director Hayes responded that no interchange or intersections were planned now; however, some are included in the Thoroughfare Plan for long-term planning. Some members of the By-Pass Committee had concern about the lack of access from south to north. A brief summary was presented on the following interchanges: Porter’s Neck Interchange Committee members agreed that the Land Classification Map should be amended to extend the Urban Transition Classification just north of the new intersection for the planned service road on Market Street. This would include most of the residential properties in Kirkland extending west to Greenview Ranches. Because of the uncertainty of the plans and schedules for water and sewer services, two of the Committee members voiced their preference for the Limited Transition Classification. Because of additional issues regarding the free-flow of traffic along this major arterial and the possibility of interfering with the functionality of this four-lane divided section of Market Street north of Porter’s Neck Road, the Committee recommends that the existing and planned service roads be extended to the north along both sides of Market Street to limit additional access points along that corridor. I-40 Interchange Committee members felt that this interchange would be a primary entrance point for visitors traveling to beaches in the Southeastern part of the State. A proposal for a Welcome & Visitors Center north of the Interchange was discussed and Staff was asked to research the feasibility of a site north of Sidbury Road. Committee members agreed to pursue the matter and to gather additional information about the costs of such a facility and possible funding opportunities. With costs estimates between $3.5 and $4.5 million, some members suggested that a regional center could be jointly funded by several jurisdictions. In the northwest quadrant, the Committee agreed that the Urban Transition Classification should be extended north to Sidbury Road. Most of this property is being developed as the northern Campus of Cape Fear Community College. Urban Services are available and the property has good access from Sidbury and Blue Clay Roads. The property west of College Road and north around the Blue Clay Road intersection is environmentally impacted with wetlands and flooding. Most of the property is within the 100 year flood plain and should be classified Conservation. No changes were recommended for the northeast quadrant because of several issues relating to the limited services available and its Resource Protection Classification that acknowledges the underlying aquifers. The Committee agreed that the southeast quadrant offered the least development opportunities at the present time and should remain in its present Rural Land Classification. Access is limited and sewer service is not available. Future plans for a school site and other larger tracts in this quadrant should be coordinated to improve the area’s development potential. US 117 Interchange at Castle Hayne The Committee agreed that this area would remain classified Resource Protection. Committee members also felt that given the improved access to nearby properties and their potential for supporting industrial expansion, the County should review its schedule for providing water and sewer services with the idea of moving this project up on the schedule. The Committee agreed that this interchange, with its direct access to US 117 and NC 133, should be a prime site for an expanded industrial and manufacturing center. The property could be developed with acknowledging the environmental limitations associated with the aquifer and groundwater pollution. Several members felt that this would be a good area for an expanded business park. Committee members were unanimous in their desire to promote the economic benefits of providing land with adequate infrastructure to attract jobs into the community. US 421 Interchange With all of the area around the interchange zoned for Industrial use, Committee members re-emphasized the importance of having water and sewer services for these industrial properties that will now benefit from an expanded road system that will add a direct link to I-40. The area has excellent transportation systems with rail and shipping facilities already in place. Sewer applications on site or alternative discharges into the Northeast Cape Fear River could be eliminated or reduced with the extension of sewer service. The Rural Land Classification for the area is a reflection of the lack of water and sewer services. No changes were suggested for the Land Classification. Since the By-Pass will terminate at this interchange, traffic patterns south along US 421 will accommodate a mixture of tourist and through traffic destined for Brunswick County beaches, as well as other points south. Several Committee members expressed some concern with the existing congestion at the approaches to the Southern Bridge and the need to accelerate future plans for the continuation of the By-Pass through Brunswick County as well as long-range plans for another bridge that would provide another access into southern New Hanover County. Blue Clay Road Interchange (Planned) The Blue Clay Road area is classified Limited Transition on the east side and Resource Protection on the west. Surrounding lands are zoned for Heavy Industrial uses except for a small subdivision that is partially developed on the north side. A rail line is located just west of the interchange. Water and sewer service is still limited in the area though it is available a short distance to the east in NorthChase. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 547 Committee members agreed that this interchange would serve as a major entrance point for residents and visitors traveling to the Airport and that the Manufacturing and Industrial Land uses were appropriate for the area. They also agreed that any expansion to the residential subdivision nearby should be discouraged and several homes would probably need to be purchased in mitigating the traffic impacts of the new interchange. In reviewing the Land Classification Map, the Committee recommends that the Limited Transition area be extended west to the rail line and north to encompass the new jail facilities that now have water and sewer service. Several members suggested that since this exit would serve as a gateway to the Airport, more attractive travel and industrial services should be encouraged. Others were reminded that the SHOD requirements would also apply. Crooked Pine Road Interchange (Future) This interchange is shown on the adopted Thoroughfare Plan as a crossing at Crooked Pine Road. It has not been funded for any planning or construction costs. Since this area is presently inaccessible except for a dirt road, future plans for the construction of any improvements are unknown at this time. Discussions of the Military Cut-Off extension connecting at this point are on-going, and it is hoped that a feasibility study can be completed to determine the best alignment for the extension. Several Committee members expressed concern for the road barrier that will be created with construction of the By-Pass because it will eliminate any access to northern parts of the County for a considerable period of time. The Committee expressed a desire to provide for some temporary crossing that could be removed later, perhaps an encasement under the By-Pass. Considering the time frame for the project, no Land Classification changes were proposed for this interchange. In further discussion of the barrier, Chairman Davis expressed concern for the Murrayville Elementary Schools site and suggested some type of temporary crossing to assist with access for school children that live north of the By-Pass. He asked if Mr. Lanny Wilson, the area’s representative who serves on the N. C. Board of Transportation, should be contacted. Planning Director Hayes advised that since construction had not begun, it might be helpful to write a letter to the N. C. Board of Transportation to request a design change to retain the existing crossing at Crooked Pine Road. Consensus: In further discussion, it was the consensus of the Board to direct the Chairman to write a letter to Mr. Lanny Wilson and Mr. Allen Pope, Division Engineer of the local NCDOT Office, with copies of the letter to the Board of Education and Superintendent of Schools, about the need to retain the existing crossing at Crooked Pine Road. Priorities for Sewer Service In reviewing future land use proposals for the various interchanges, it became apparent that the greatest limiting factor for growth opportunities along the corridor was the absence of water and sewer service, especially sewer. Since the current schedule for providing sewer service is many years into the future, the Committee felt that it might be useful to prioritize the need for extending sewer service to the various interchanges based on development potential. The Committee unanimously recommends the following priorities: •US 421 Interchange: This interchange would appear to have the greatest impact in the creation of jobs and improving the tax base. The entire interchange is already zoned for industrial use and has prime highway, rail and shipping access. Water service would also provide better fire insurance ratings for many businesses already located in the area. •US 117 Interchange: With General Electric facilities already anchoring one quadrant of the interchange and two service roads being constructed in the northeast and southeast quadrants, the Committee felt that this area could be expanded as a business park. •Blue Clay Road Interchange: In terms of development potential for raw land, this area is a prime candidate. Surrounding lands are zoned for Heavy Industrial uses except for a small residential subdivision that is partially developed on the north side. A rail line is located to the west and the interchange would serve as the primary access to the Airport for persons traveling from the north. In closing, Planning Director Hayes requested the Board to provide any comments or concerns about the By-Pass Committee Report Chairman Davis asked if any member of the Board would like to comment. Commissioner Pritchett asked if the Blue Clay Road Interchange would impede the transport of prisoners from the new Jail to the Court House. Planning Director Hayes responded that the interchange should improve transporting prisoners because it will be quicker to get into the downtown area. Planning Director Hayes advised that New Hanover County will be involved with updating the Wilmington-New Hanover County Comprehensive Land Use Plan beginning this fall. He stated that if the Board is interested in implementing the proposed amendments, it would be a good time to move forward. Commissioner Caster commented on the proposed Welcome & Visitors Center north of the I-40 Interchange and asked if NCDOT officials should be contacted about moving forward with this project. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 548 Planning Director Hayes responded that discussion could begin at any time because it will probably take a number of years to fund a Welcome & Visitors Center. This endeavor would be a Transportation Advisory Committee (TAC) project with use of enhancement funds and possibly use of tourism funds. No formal discussions have been held with other jurisdictions in Brunswick County. Commissioner Boseman advised that she would be glad to pursue this issue with the TAC. Commissioner Pritchett advised that members of the By-Pass Committee had given hours of their time and effort to prepare the report. She commended them for doing an excellent job and suggested using this type of concept for future planning of other areas in the community. Chairman Davis agreed and requested Planning Director Hayes to be sure that the Commissioners show their appreciation to the members of the By-Pass Committee at the appropriate time. After hearing no further comments, Chairman Davis expressed appreciation to Planning Director Hayes for an excellent and informative report. CONSIDERATION OF RESOLUTION TO ESTABLISH A TEAM TO DEVELOP A TRANSIT MERGER PLAN Commissioner Pritchett advised the Wilmington Transit Authority and New Hanover Transportation Services have been working to merge services, and she requested Assistant County Manager Patricia A. Melvin to present a status report. Assistant County Manager Melvin expressed appreciation to Commissioner Pritchett and Commissioner Boseman for working with the Steering Committee in an effort to combine the Wilmington Transit Authority and New Hanover Transportation Services. She also recognized Chris McNamee, Chairman of the New Hanover Transportation Services Advisory Board, Dick Scott, Chairman of the Wilmington Transit Authority, Annette Crumpton Director of Aging, and Deborah Houston, Program Manager of New Hanover Transportation, who were actively involved in the process. Assistant County Manager Melvin reported that the consultant, Kimley-Horn and Associates, Inc. was hired two years ago to conduct a study on the feasibility of merging New Hanover Transportation Services with the Wilmington Transit Authority. A great deal of process has been made and the time has come to take steps to merge the systems. The Wilmington Transit Authority primarily provides fixed-route public transportation within the City with complementary transportation services for the para-transit (vans with lifts for mobility-impaired citizens). New Hanover Transportation Services primarily operates para-transit services throughout the County and complementary fixed-route transportation services outside the City. This means that a majority of the County transportation system provides services to disabled, elderly, and human service agencies representatives with a small amount of the public fixed route service. The study determined there was a limited duplication and minimal coordination between the two systems; however, the study concluded that the following benefits would be received if the two systems are merged. •Long-term efficiencies in terms of coordination, planning, and funding for services now being provided by the City of Wilmington and New Hanover County. •Expanded routes and services. •A single portal of entry for customers to access available transportation services and information. •A seamless public transportation system that would be available to citizens of the region with immediate services to residents of the City of Wilmington and New Hanover County. •A single centralized transportation service that will provide efficiencies in administrative and maintenance costs and in transfer functions. Initially, the additional cost to merge the systems will be in salaries since the Wilmington Transit Authority is unionized and drivers are paid a lower starting salary in the New Hanover Transportation Services System. In addition, new positions will be needed for the merged transportation authority. However, the Commissioners are being requested to authorize the County to move forward with a merged transportation authority because of the long-term efficiencies that will be gained. Ms. McNamee requested the Board to consider adopting a resolution authorizing the Wilmington Transit Authority and New Hanover Transportation Services Board to work with the City and County Legal, Finance and Planning Staffs to develop an interlocal agreement to define governance, services, and funding of a merged transit authority. Once an interlocal agreement is developed, both the City Council and Board of County Commissioners will have to approve the agreement prior to the end of the current fiscal year. In closing, Ms. McNamee advised that the City Council had adopted the resolution. Commissioner Boseman was requested to read the revised resolution into the record. Commissioner Caster complimented the group for the work given to accomplish the merger of the two transportation systems and he expressed appreciation to Commissioner Boseman and Commissioner Pritchett for their involvement in the process. Chairman Davis called for a motion. Motion : Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adopt a resolution approving the concept of a merged Transit Authority and to direct County staff to work with City staff to develop an interlocal NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 549 agreement establishing the parameters of a merged Authority for presentation to the City Council and Board of Commissioners prior to the end of Fiscal Year 2002-2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the record and is contained in Exhibit Book XXVIII, Page 8.7. CONSIDERATION OF CREATING THE WILMINGTON/NEW HANOVER COUNTY WORLD WAR II HERITAGE COMMISSION Chairman Davis requested local historian Wilbur Jones to present his request to the Board. Mr. Jones reported that the City and County have an opportunity to preserve and interpret the rich history of the area during World War II and proclaim Wilmington as America’s World War II City. Heritage tourism is becoming the number one tourist destination and Wilmington is fortunate to have so many historic sites. The purpose of the Wilmington-New Hanover County World War II Heritage Commission is broken down into the following phases: 1. Distribution of a Cultural Heritage Trail Brochure and Map of World War II Sites in Southeastern North Carolina: This brochure will allow visitors to conduct a self-guided walking-driving tour of sites including the Wilmington Shipyard, Bleuthenthal Field, POW Camps at Camp Davis, the USO Building at Second and Orange Streets, war housing that is still in use, museums and sites in Southport and Camp Lejeune. 2. Restore the Historic USO/Community Arts Center: This building in historic downtown Wilmington was constructed in 1941 by the Federal Government for use by the United Service Organizations (USO) as a club for servicemen. Restoring portions of the building, primarily the lobby, to its 1943 form will allow the building to become a living museum for World War II history. The Wilmington Historic Preservation Commission has issued a Certificate of Appropriateness for placement of a plaque on the building identifying its status on the National Register of Historic Places since it is located in the Historic District. 3. Officially Recognize Wilmington World War II Medal of Honor Recipient William Davis Halyburton, Jr.: The County has already recognized this Medal of Honor recipient by renaming Veterans Drive to Halyburton Memorial Parkway. Other activities are being planned to recognize this Medal of Honor recipient. 4. Establish a Semi-Permanent Cape Fear Museum World War II Exhibit: The Commission would like to establish a World War II Museum in the renovated lobby of the USO Building and request the Cape Fear Museum to staff and operate this area as a separate part of the Museum. Eventually, the Commission would like to open a World War II Museum but this objective will not be reached for a number of years. In closing, Mr. Jones requested the Board to consider establishing a Wilmington-New Hanover County World War II Heritage Commission comprised of 19 members: 2At-Large Members appointed by the Board of County Commissioners 2At-Large Members appointed by the Wilmington City Council 3New Hanover County Historians 1 Lower Cape Fear Historical Society 1New Hanover County Veterans Council 1UNCW Randall Library 1 Greater Wilmington Chamber of Commerce 1Cape Fear Museum 1Wrightsville Beach Museum 1Federal Point Historical Preservation Society 1Tourism Development Authority 1New Hanover County Public Library 1USS North Carolina Battleship Commission 1Member of the Wilmington City Council 1Member of the Board of County Commissioners After discussion of adding another committee and increasing the size of government, Chairman Davis asked Mr. Jones if consideration had been given to establishing the World War II Heritage Commission under the Military Affairs Committee or Veterans Services Administration. Mr. Jones responded that he did not feel there was an existing agency that would be suitable for the Commission to serve under. Further discussion was held on how the Commission would be administered. Mr. Jones advised that a request is being made for this Commission to be a joint City/County Commission that will appointed and managed by both governments. Commissioner Pritchett spoke on the idea of proclaiming Wilmington as America’s World War II City being unique and asked if adjacent counties should be involved since some of the historic sites are located in surrounding counties. Mr. Jones advised that once the Commission is established, other adjacent jurisdictions and counties would probably become involved. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 550 Chairman Davis advised that the USS North Carolina Battleship site would be an ideal site for this type of museum. Mr. Jones advised that when the point is reached in the future where a World War II Museum can be established, the USS North Carolina Battleship site could certainly be considered. Chairman Davis expressed concern for moving forward with the request until this issue has been discussed by the City and County. He suggested that Commissioner Caster and another Commissioner meet with Mayor Peterson and another Council Member be sure that everyone is on the same page and understands the purpose of the Commission, the composition of the membership and other important details. Mr. Jones agreed with Chairman Davis and advised that he would be glad to schedule a meeting as suggested. CONSIDERATION OF REQUEST FROM THE WILMINGTON HOUSING AUTHORITY-PSN 2003-2004 TO APPLY FOR GOVERNOR’S CRIME COMMISSION/SAFE NEIGHBORHOODS GRANT Sheriff Causey reported that Mr. Benjamin Quattlebam, Director of the Housing Authority, approached him about submitting a grant to the Governor’s Crime Commission/Safe Neighborhoods to provide two deputies to be assigned to the housing projects. This is a two-year grant in the amount of $266,000 with no County match that will pay the salaries and necessary equipment for these deputies to work at the housing projects. With so many drug related problems in the housing projects, these two additional deputies will greatly assist the Sheriff’s Department in fighting drugs. In closing, Sheriff Causey stated that Mr. Quattlebam was present and would be glad to answer any questions. Commissioner Caster asked Mr. Quattlebam if any Wilmington police officers were assigned to the housing projects. Mr. Quattlebam advised that no police officers were dedicated exclusively to the Housing Authority. Chairman Davis asked if it would be possible for the Wilmington Police Department to take over the two positions after the grant expires. Mr. Quattlebam responded that it would be possible for the City to take over the two positions when the grant expires. However, if the grant is not renewed in two years, a recommendation will be made to include the funding for continuation of the program. He explained that all Housing Authorities throughout the country had received funding to fight crime in public housing projects; however, federal funding in the amount of $350,000 was eliminated for the local Housing Authority at the end of December 2002. The new fiscal year will begin April 1, 2003, and an additional $550,000 has been cut from the operational budget. The Housing Authority has continued to provide a Crime Prevention Specialist on staff because this position is essential. When this grant became available, the Housing Authority contacted Representative Thomas Wright for additional state funding to augment the cut in federal funds. At that time, Representative Wright suggested for the Housing Authority to contact the Sheriff’s Office about the Governor’s Crime Commission/Safe Neighborhoods grant. Sheriff Causey was receptive to the grant and the Housing Authority looks forward to working with the Sheriff. The Housing Authority Board is committed to eliminating crime in housing projects. Commissioner Boseman asked Mr. Quattlebam why the City was not approached about the grant. Mr. Quattlebam advised that the City was approached with a similar proposal but there was concern about securing funding. County Manager O’Neal advised that some figures on the grant application should be corrected. He advised that grant funds for the first year will be $177,629.98 instead of $166,802.88 and the personnel figure is $88,649.98 instead of $77,822.88. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve the request from the Wilmington Housing Authority to apply for the Governor’s Crime Commission/Safe Neighborhoods Grant with the corrected figures to the grant application and authorize the County Manager to accept the grant and approve the related budget amendment if the grant is awarded. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF ADDITIONAL ABC LAW ENFORCEMENT OFFICER AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #03-0153 Sheriff Causey reported that since 1998, when the second ABC law enforcement officer was approved, the number of Liquor by the Drink outlets has increased from 196 to 227 and sales have grown from $15 million to $19 million. Due to these factors, the local ABC Board is requesting the County to provide one additional Sheriff's ABC Officer to work in the area of Alcoholic Beverage Control. The ABC revenue received by the County will offset the additional ABC law enforcement position. The County contracts with the ABC Board for law enforcement services provided by the Sheriff's Office. An Amendment of Agreement to the FY 2002-2003 ABC Board contract is attached for the Board's review and consideration. Hearing no comments, Chairman Davis requested a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to approve the amendment to the FY 2002-2003 ABC Board contract, approve one additional ABC officer position, approve the associated budget amendment, NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 551 and authorize the Chairman to execute the amended agreement. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #03-0153-Sheriff’s Office/Vice Adjustment Debit Credit ABC Fees$48,252 Salaries and Wages $27,041 Radios $ 3,712 Motor Vehicle Purchases $17,499 Explanation: To increase the Sheriff's Office budget for actual revenue to be received. Revenue of $160,000 in ABC Fees was adopted in the FY 2002-2003 budget. A copy of the amended agreement is on file in the Legal Department. LUNCH BREAK Chairman Davis recessed for lunch at 12:30 p.m. until 1:15 p.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 1:14 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 1:45 p.m. COMMITTEE APPOINTMENTS Board of Fire Commissioners Chairman Davis announced that one unexpired term needed to be filled on the Board of Fire Commissioners in the category of an At-Large Volunteer Fire Department Representative. The term will expire July 1, 2005, and only one application was received in the name of Arthur David Raines, who was nominated by the Myrtle Grove Fire Department. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to appoint Arthur David Raines to fill an unexpired term on the Board of Fire Commissioners as an At-Large Volunteer Fire Department Representative with the term to expire July 1, 2005. Upon vote, the MOTION CARRIED UNANIMOUSLY. Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board Chairman Davis announced that one vacancy needed to be filled on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board in the Under Age 21 category. He reported that one application was received from Laura Cameron, a student at Hoggard High School. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to appoint Laura Cameron to serve a 3-year term on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board in the Under Age 21 category with the term to expire September 30, 2006. Upon vote, the MOTION CARRIED UNANIMOUSLY. Nursing Home Community Advisory Committee Chairman Davis announced that one vacancy needed to be filled on the Nursing Home Community Advisory Committee. He reported that four applications were received with two applicants, Faye Griffin Hoffman and Patricia E. King, desiring to be reappointed. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to reappoint Faye Griffin Hoffman and Patricia E. King to serve 3-year terms on the Nursing Home Community Advisory Committee, with the terms to expire March 31, 2006. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to appoint Mary Ann Lewis to serve an initial one-year term on the Nursing Home Community Advisory Committee, with the term to expire March 31, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF AMENDMENT TO ARTICLE III OF THE WATER AND SEWER ORDINANCE Engineering Director Wyatt Blanchard reported that the proposed amendment adds a section to the Water and Sewer Ordinance which establishes the tap fee cost on a vacant lot either when tap is installed as part of sewer collection project, or when the District must install the sewer tap after completion of sewer collection project. The amendment also eliminates an outdated references to $1,800 and $2,200 for four and six inch taps. These are housekeeping items that were not correctly codified into the New Hanover County Code. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt the ordinance as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 8.8 and in the New Hanover County Code of Ordinances. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 552 CONSIDERATION OF SUBDIVISION ORDINANCE TEXT AMENDMENTS CONTINUED FROM FEBRUARY 17, 2003 BOARD MEETING (A-321, 08/02) Planning Director Dexter Hayes reported that the text amendments before the Board are changes to the Subdivision Ordinance concerning street connectivity, open space recreational requirements, and block length design sidewalks, and a surety limit to guarantee that the developer will complete the work before the subdivision has been completed. These text amendments have been reviewed by the Planning Board who made the following changes: 1. Based on current trends in planning and development which promote the use of alleys as a means of access, the Planning Board recommends changing the existing County Subdivision Ordinance to allow alleys by right rather than by exception. 2. Based on concerns for small local builders being able to develop property in the County, the Planning Board recommended that the limit on sureties recommended by the UDO Committee should be increased from $100,000 maximum to $200,000 for guarantees of improvements. Staff recommends that sureties for improvements should be capped at $100,000 after 25% of the work has been completed. In further discussion of the changes, Planning Director Hayes advised that the Planning Board was in favor of all changes recommended by the UDO Oversight Committee other than the two items regarding alleys and surety limits. Chairman Davis asked if any member of the Board would like to comment on the other changes recommended by the UDO Oversight Committee. Hearing no comment, he called for a motion to approve the changes recommended by the UDO Oversight Committee. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to approve the amendments as recommended by the UDO Oversight Committee with the exception of items regarding alleys and surety limits. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis advised that the UDO Oversight Committee did not address alleys as a permitted right. However, the use of alleys as a means of access was approved by the Planning Board as a permitted right instead of having to appear on a case by case basis before the Board. He asked if any member of the Board was opposed to this change. Hearing no comments, Chairman Davis requested a motion. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to approve the change amending Section 41 to say that alleys are permitted by right in residential districts when the Planning Board determines that special conditions warrant a secondary means of access. Design standards for alleys that are permitted shall be consistent with those recommended by the North Carolina Department of Transportation Division of Highways. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis advised that the UDO Oversight Committee has recommended, with concurrence by the Planning Staff, that before lots can be sold, the developer must post a $100,000 surety and complete 25% of the total value of improvements. The Planning Board has recommended that lots can be sold if a $200,000 surety is posted for guarantee of improvements. After a lengthy discussion on the surety options, Vice-Chairman Greer advised that he felt the purpose of the surety was to protect the person building a home; therefore, he felt the $200,000 surety was the best option. Planning Director Hayes explained that the ideal situation is for a developer to install all improvements before recording a map in the Courthouse; however, most developers do not install all improvements and in some cases, the residents can end up without a road being completed. This becomes a real problem if a person is trying to sell a home. Many developers request extensions or wait as long as possible to make improvements to protect their cash flow. From a planning point of view, it is felt that a surety of $100,000 with 25% of improvements completed is the best way to protect the County and persons building homes. After further discussion on the inflation factor regarding both options, Planning Director Hayes advised that Staff uses the Consumer Price Index for Construction and adjust rates accordingly. Commissioner Caster asked why the County should be involved with any type of surety. Planning Director Hayes advised that most jurisdictions do have surety limits and stated it was unusual for a rapidly growing county like New Hanover to function without surety limits. The Planning Staff tried to develop a regulation that would not go to either extreme so the developer would have some flexibility. The $100,000 surety cap with 25% of improvements is a good solution to the problem. Hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to accept the UDO Oversight Committee recommendation as presented, including inflationary factors, with a surety cap of $100,000 after 25% of the work has been completed. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 553 Copies of the text amendments are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVIII, Page 8.9. BOARD OF EQUALIZATION AND REVIEW MEETING SCHEDULED FOR MAY 5, 2003 Chairman Davis advised that pursuant to N.C.G.S.105-322, the County Commissioners sit as the Board of Equalization and Review no earlier than the first Monday in April and no later than the first Monday in May. At this meeting, a Chairman of the Board of Equalization and Review will be elected, the 2003 property tax appeals will be accepted, and a date will be established to hear the appeals. The Tax Administrator has recommended scheduling the meeting on the first Monday in May, which is May 5, 2003. Motion: Chairman Davis MOVED, SECONDED by Commissioner Pritchett, to schedule the first meeting of the Board of Equalization on May 5, 2003 at 5:30 p.m. in the Assembly Room (Room 301) of the New Hanover County Courthouse, 24 North Third Street, Wilmington, N. C. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS Announcement of Annual Azalea Festival Clean Up Commissioner Pritchett announced that the Azalea Festival Clean Up would be held on Saturday, March 29, 2003 beginning at 9:00 a.m. She encouraged everyone to participate in this event. Luncheon Held to Benefit the American Cancer Society Commissioner Pritchett advised that she attended a luncheon to benefit the American Cancer Society at Carrabba’s Italian Restaurant and stated this restaurant offered to serve two lunches with all proceeds allocated to the American Cancer Society. The amount received by the American Cancer Society was $5,000 and Carrabba’s is to be commended for this funding participation. Concern for Delay in Traffic Circle at Ogden Elementary School Commissioner Boseman expressed concern for the NCDOT having to delay the traffic circle in front of Ogden Elementary School because the School System has not made the necessary improvements on campus. She stressed the importance of the School System moving forward with these improvements so a hazardous traffic situation can be improved. Commissioner Boseman also announced that engineers from Raleigh will be attending the next meeting of the Transportation Advisory Committee to review the College Road/Oleander Drive intersection to see if some type of solution can be found to assist with the movement of traffic. Report on the Medical Center Board of Trustees Commissioner Boseman informed the Board that the appointment of Bob Hoover to serve on the New Hanover Regional Medical Center Board of Trustees was an excellent choice. She advised that he is Chairman of the Finance Committee and is doing an outstanding job. She informed the Board that under some new guidelines, there could be some articles in the newspaper. Narration of Agenda for Board Meetings County Manager O’Neal informed the Board that Public Information Officer Mark Boyer now narrates the agenda on Channel 5 and Channel 13 which is most helpful to the public and to persons who cannot see. Announcement of Employees Called In by the National Guard or Other Armed Forces Reserves County Manager O’Neal announced that seven people have been called by the National Guard and other Armed Forces Reserves. He advised that the County policy is to make up the difference in pay for these employees for up to six months. During the Gulf War, the time frame was extended, and it may be necessary to request an extension in this situation. He requested everyone to keep these members of the County family in their prayers. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No comments were received. CLOSED SESSION Chairman Davis advised that a request has been made to call a Closed Session to consult with the County Attorney regarding the acquisition of property pursuant to N.C.G.S. 143-318.11(a)(3) and to discuss a personnel matter pursuant to 143-318.11(a)(6). Chairman Davis requested a motion to convene to Closed Session. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to convene to Closed Session for the stated purposes. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 2:10 p.m. Chairman Davis reconvened to Regular Session at 3:37 p.m. He announced that no official action was taken on the acquisition of property, but Staff was directed to proceed with the negotiating the purchase of properties at various locations. He also reported that no official action was taken on the personnel matter. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, MARCH 24, 2003PAGE 554 APPROVAL OF MANAGEMENT PLAN FOR THE NORTH END OF SHELL ISLAND Assistant County Manager Dave Weaver reported that the Mason Inlet Relocation Project permitting process required a Management Plan for the north end of Shell Island. The proposed plan will use a continuous rope and post fence to direct pedestrian traffic to the oceanfront with no means for access to the sound side. A volunteer system will be established to implement the Management Plan, and appropriate signage will be used with an emphasis on education to inform the public about the need to protect the nesting and habitat areas on the north end of Shell Island. After hearing no comments from the Board, Chairman Davis called for a motion. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to adopt the Management Plan for the north end of Shell Island. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF PROPOSAL FROM THE NORTH CAROLINA AUDUBON SOCIETY TO IMPLEMENT THE MANAGEMENT PLAN Assistant County Manager Dave Weaver reported that a proposal has been submitted by the N. C. Audubon Society to implement the Management Plan for the north end of Shell Island. The $25,000 annual fee is a reasonable offer for maintaining the fences and signage, coordinating volunteers, and providing general oversight of the area. The Audubon Society has been quite successful in recruiting and managing volunteers for monitoring other sites. Chairman Davis referenced the cost and asked if this annual fee would be paid from the beach nourishment portion of the Room Occupancy Tax. Assistant County Manager Weaver responded that initially the funding would be removed from the nourishment fund, but would eventually be assessed to benefitted property owners of the Mason Inlet Relocation Project. After hearing no further comments, Chairman Davis requested a motion. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to accept the proposal from the N. C. Audubon Society and authorize the County Manager to enter into a contract with the Audubon Society to implement the plan by April 1, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. Chairman Davis asked if an area had been found for pet owners to allow their dogs to run free on the beach. Assistant County Manager Weaver responded that dogs are not allowed to run free on this end of Shell Island. When the nesting season is over, pet owners can walk their dogs by leash on the north end of Wrightsville Beach. However, there is an area in Ogden Park, in Hugh MacRae Park and a public area at the northern end of Carolina Beach where pet owners can exercise their dogs. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 5:01 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board