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1997-03-24 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 891 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 24, 1997, 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 Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Vice-Chairman William A. Caster; Chairman Robert G. Greer; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Lee Robinson of the Bethesda Christian Life Church gave the invocation. Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. The following items were presented: Discussion of Street Lamps for Castle Estates Subdivision Ms. Kathy Dombroski, a resident of the Castle Estates Subdivision, reported on the progress that had been made on obtaining street lamps for the subdivision. After discussion with Carolina Power & Light Company, three fourths of the residents have raised the necessary money to be held in escrow to cover the first year's charge for service. The County Attorney has informed the residents that the Tax Administrator can prepare an assessment roll and collect the per lot assessment of $18.82 per year. Carolina Power & Light Company will not charge for installation or assess any type of service charge. Ms. Dombroski advised the Board that after discussion with the County Attorney this item would be placed on the agenda for the April 7, 1997, meeting. Request for Removal of Consent Agenda Item 7, Award of RFP #97-0265 (Contract #97-0265) for Operation and Management of the New Hanover County Human Services Transportation System Mr. Leith Helens, the owner of Yellow Cab, Inc. and two small businesses in New Hanover County, requested the Board to remove Consent Agenda Item 7 since he would like to address the Board concerning the award of contract. Appreciation for Opening the Meeting with an Invocation and Pledge of Allegiance to the Flag Mr. Lloyd Bowen, a resident of New Hanover County, expressed appreciation to the Board for opening the meeting with a word of prayer and the Pledge of Allegiance to the Flag. He expressed concern for his children attending school not having the same privilege. APPROVAL OF CONSENT AGENDA Chairman Greer requested a motion to approve the Consent Agenda with removal of Consent Agenda Item 7. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Caster to remove Consent Agenda Item 7 and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 892 CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Regular Meeting-March 10, 1997 Work Session - March 6, 1997 Approval of Fee Increase for Kindergarten Health Assessment The Commissioners approved the fee increase for Kindergarten Health Assessment as presented by the Board of Health in order to recap a portion of the increase in the cost of delivery for the care. Charged rates are determined according to the Family Planning fee scale adopted by the Division of Maternal and Child Health. An increase of $665 in revenue has been projected in the 1998 budget request. A copy of the fee increase is on file at the Health Department. Acceptance of Tax Collection Reports Through February 28, 1997 The Commissioners accepted the following Tax Collection Reports through February 28, 1997, as presented by the Collector of Revenue, Patricia J. Raynor: 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 36. Value Adjustment for Tom Reams - New Hanover County Tax Department The Commissioners authorized a value adjustment in the amount of $8,071 to Tom Reams due to conditions that have been brought to the attention of the Tax Department. Information pertaining to the value adjustment is available upon request in the Tax Department. Designation of the Deputy County Manager as the Authorizing Agent for the FY 1997-98 Criminal Justice Partnership Program Continuation Grant The Commissioners designated the Deputy County Manager as the authorizing agent to accept the grant, if awarded, and sign the necessary documents for the FY 1997-98 Criminal Justice Partnership Program Continuation grant in the amount of $155,836. If the grant is awarded, funding in the amount of $30,836 will be used for the Pretrial Release Program with $125,000 to be budgeted for the operation of the Day Sentencing Center. Adoption of Resolution Accepting an Offer for the Sale of Jointly Owned City and County Surplus Property Located at 606 North 8th Street, Wilmington, North Carolina The Commissioners adopted a resolution accepting an Offer to Purchase from Rugina D. Devane in the amount of $750 for the sale of jointly owned City and County property (Parcel Number RO048-13-019-007.000) located at 606 North 8th Street, Wilmington, N. C. The property has an ad valorem tax value of $885 as of 1989. The offer will be duly advertised for upset bid. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 36. Approval of Budget Amendment #97-27 - Sheriff’s Department The Commissioners approved the following Budget Amendment: DebitCredit Federal Forfeited Property $11,885 Capital Project Expense $11,885 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 893 Purpose: To increase the budget for additional revenue received on February 27, 1997. Federal Forfeited Property funds are budgeted as received and must be used for Law enforcement activities as the Sheriff deems necessary. DISCUSSION OF CONSENT AGENDA ITEM 7 AND AWARD OF CONTRACT #97-0265 (RFP #97-0265) TO COASTAL YELLOW CAB, INC. FOR OPERATION AND MANAGEMENT OF THE NEW HANOVER COUNTY COORDINATED TRANSPORTATION SYSTEM Mr. Leith Helens, the owner of Coastal Yellow Cabs, Inc., informed the Board that Yellow Cab, Inc. was price competitive and a technically qualified company to carry out the transportation service contract for New Hanover County in a timely and cost-efficient manner without an undue burden being placed on staff. He emphasized the importance of awarding the contract to a local business so that profits generated would remain in New Hanover County. He presented the following inconsistencies during the bidding process: (1)Bid Price: The Saturday edition of the Star-News indicated that Yellow Cab, Inc. and Progressive Transportation Services, Inc. matched bids at $1.15 per mile. This figure was not correct. Yellow Cab, Inc. under bid Progressive and presented a proposal at $1.14 per mile. The bid should have been reported at $1.09 per mile because the five cents difference was a surcharge collected by the contractor from the participating agencies and returned to the county. The surcharge was not a cost to the contractor. Several faxes were sent to the County Transportation Office to clarify this issue. (2)Qualifications and Experience: The Star-News article mentioned that County staff would have to spend more time working with Yellow Cab, Inc. because of its inexperience. The bid required a company to be qualified before being eligible to submit a proposal. Yellow Cab, Inc. was the first private company to provide wheel chair vans in 1992 at the expense of the firm. For three years, these vans operated at a loss but were kept in service to fill a local need. Yellow Cab, Inc. operates 24 hours a day and can offer services seven days a week on a demand response or time call basis. A majority of clients who use the New Hanover Coordinated Transportation System have used Yellow Cab and continue to do so. These clients are picked up after hours, on weekends, and when county vehicles are late. Many of the clients are known on a first name basis, and the operators are sensitive to their special needs. Yellow Cab, Inc. is a member of the International Taxi Cab Delivery Association, which provides a huge resource pool to its members who engage in transportation contracts. The company has state-of-the-art computer assisted dispatch and billing hardware. The Taxi Cab Delivery Association has over thirty software packages available toYellow Cab, Inc. to assist in fulfilling the requirements of the County contract. Yellow Cab, Inc. has the expertise and will procure any items needed without undue burden to New Hanover County or its staff. (3)Hiring of Local Employees: The Star-News reported that Progressive Transportation Services, Inc. will hire local drivers, use local garages, and rent office space. Yellow Cab, Inc. is already located in New Hanover County and will use local drivers and local maintenance facilities for repairs. (4)Managerial Backup: If an out-of-town company is utilized, what will happen when a manager quits or becomes ill? New Hanover County will be burdened. At Yellow Cab, Inc., there will be three managers on the job, including the owner and president of the company at all times. Will Progressive Transportation Services, Inc. have its owner and president on the job in New Hanover County on a daily basis? In closing Mr. Helens advised that Yellow Cab, Inc. had a proven record of quality service in New Hanover County over a period of years. The company has experience and its business as well as profits will remain in New Hanover County. On behalf of all business owners, the Board was requested to stand behind local businesses and vote in favor of Yellow Cab, Inc. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 894 Mr. Tom Irving, the Director of Business Development for Progressive Transportation Services, Inc., a North Carolina company located in Asheville, N. C., reported the company operates over 200 vehicles in public transit services with a significant percentage of the service involved with providing transportation to the elderly, disabled and other specialized population segments. He advised that Progressive Transportation Services, Inc. would like to bring this expertise to New Hanover County and become an active partner with the county in providing the best level of service to the residents. Mr. Irving reported that Progressive Transportation Services, Inc. had priced the contract competitively and according to staff, the price offered by the company is two and one-half cents per mile higher than Yellow Cab, Inc. This difference is offset by technical expertise, commitment to quality service, and a spirit of partnership. Progressive Transportation Services is aware of concern for profits remaining in the county and has entered into an agreement with a local full-service firm to perform maintenance on the vehicles. Approximately, 20-25 percent of the gross revenue will go directly to the local firm. When a manager quits or becomes ill, the proposal submitted clearly states that a company official will be on site within less than one week to ensure continuance of quality service. Mr. Michael Shinn, owner of Cars Incorporated and other small businesses in Wilmington, reported he was raised in New Hanover County and had been in business for five years. He stated his car service facility would be dedicated to maintenance and repairs of the transportation vehicles with access to his gas station that remained open seven days a week. He advised the business had 25 employees with plans to hire 10-12 more employees within the next two weeks. Also, services outlined in the proposal, such as cleaning the vehicles, providing wrecker service, and a management team, were included in the bid response. The Commissioners were urged to award the bid to Progressive Transportation Services, Inc. as recommended by staff. A lengthy discussion followed the price per mile offered by each company. Ms. Melvin advised that Yellow Cab, Inc. would provide the service for $1.09 per mile and Progressive Transportation Services, Inc. would provide the service for $1.12 per mile. She stressed the importance of everyone understanding that the cost factor was not the only item considered when reviewing the proposals submitted. She advised the Transportation Advisory Board evaluated the proposals on the following criteria with points awarded for each item: (1) organizational and operational approach; (2) overall technical approach; (3) expertise in safety; and (4) financial stability. Yellow Cab, Inc. fell short on the approaches. Both companies were required to hire employees from a local labor pool. In terms of the general overall operation of the transportation system, the Advisory Board was interested in awarding the contract to a firm that could assist with making the system more efficient and cost-effective. Commissioner Birzenieks requested Ms. Melvin to explain the number of points given to each firm under the evaluation matrix. Ms. Melvin reported out of a possible 130 points, Progressive Transportation Services, Inc. received 130 points, and Yellow Cab, Inc. received 107.5 points based upon the factors outlined in the bid proposal. Motion: After discussion on the difference in the cost per mile and the importance of supporting local businesses whenever possible, Vice-Chairman Caster MOVED, SECONDED by Commissioner Howell to adopt a resolution awarding Contract #97-0265 to Yellow Cab, Inc. for the provision of transportation services to the New Hanover County Coordinated Transportation System. 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 36. A copy of the contract is on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 895 PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Name Years of Service Millie S. Bellamy, Department of Social Services 5 Mollie R. Ellis, Department of Social Services 5 Deborah A. Kinzer, Department of Social Services 5 Helen B. Simmonds, Department of Social Services 5 Ronnie C. Long, Parks Department 10 Theresa Brinson, MIS 15 Janie Moore, Property Management 15 James H. Smyre, Sheriff’s Department 15 Karen E. McDowell, Department of Social Services 20 Chairman Greer, on behalf of the Board, expressed appreciation to these employees for their dedicated years of service to New Hanover County and presented a service award to each employee. RECOGNITION OF NEWLY HIRED COUNTY EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: Chad Ayers, Emergency Medical Services Kelly Hill, Health Department Pamela Heath, Health Department Tim Marady, Inspections Department Tracey Thomas, Department of Social Services Karen Hooker, Department of Social Services Lisa Edwards, Department of Social Services Paula Marn, Department of Social Services Betsy Wilson, Department of Social Services Tamara Caulder, Department of Social Services Marilyn Koch, Department of Social Services Brenda McGarrity, Department of Social Services Kristine Chandler, Tax Department Vanessa Booth, Tax Department Chairman Greer, on behalf of the Board, welcomed the new employees to New Hanover County government and wished them well in their new positions. PRESENTATION OF DRAFT PERSONAL WATERCRAFT ORDINANCE Ms. Arland Whitesides, Chairman of the Personal Watercraft Task Force, reported the Task Force was appointed by the Board last fall to address issues of public safety and protect the coastal habitat with respect to the use of personal watercraft. The Task Force was a well balanced committee representing law enforcement, the personal watercraft industry and representatives from various environmental groups. The County Attorney, Wanda Copley, attended the meetings and was of great assistance to the Task Force in developing the draft ordinance. The following report was presented. Since January 1, 1997, the Task Force has met weekly. Countless hours have been spent on the phone, Internet, and in meetings with many compromises made to develop the draft ordinance. Contrary to an article in the Star-News, there are no bans or barring of personal watercraft along the Intracoastal Waterway. Existing North Carolina General Statutes were used in preparing the draft ordinance. The definition of a personal watercraft as defined in State Statutes was used as well as NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 896 the State Statute prohibiting a personal watercraft from jumping the wake of another boat, weaving through congested traffic, and heading toward another vessel with the intention of swerving away at the last minute. Ms. Whitesides emphasized the importance of everyone understanding that the proposed ordinance did not prohibit personal watercraft users from any place in New Hanover County under specified speed limits. She presented the following comments on the proposed ordinance: Definition: For the purposes of this ordinance, "personal watercraft means a small vessel which uses an outboard motor, or an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vehicle." Ms. Whitesides emphasized the importance of everyone understanding that the proposed ordinance does not pertain to boats where people can sit inside the vessel. Age of Operator: A person between the ages of 13 and 16 may operate a personal watercraft if the operator has completed a boater's safety education course approved by the N. C. Department of Wildlife and Natural Resources, U. S. Coast Guard Auxiliary or National Association of State Boating Law Administrators, and is in possession of the certificate at the time of operation. A person between the ages of 13 and 16 may operate a personal watercraft without certification if accompanied by an adult age 18 or older. The lanyard of the personal watercraft must be attached to the adult. Required Equipment: A person shall not operate a personal watercraft on the waters of New Hanover County unless such personal watercraft is equipped with a self-circling device or a lanyard-type engine cutoff switch. If equipped with a self-circling device, such device must be fully operational. If equipped with a lanyard-type engine cutoff switch, the lanyard must be attached to the operator's clothing, body, or personal flotation device. Speed: In the following specified areas, no person may operate a personal watercraft in excess of headway speed which shall not exceed five miles per hour: (a)Within the posted waters of the University of North Carolina at Wilmington Research leased area. (b)Within 300 feet of posted waterbird sanctuaries or management areas. (c)Within 50 feet of a person in the water or an anchored vessel. (d)Within 50 feet of marsh or shore within the area bounded by the Atlantic Intracoastal Waterway to the west, Masonboro Island to the east, Masonboro Channel to the north, and Carolina Beach inlet to the south (this marsh area is within the boundaries of the Masonboro Island component of the North Carolina National Estuarine Reserve System). This subsection does not prohibit the operation of personal watercraft in bodies of water less than 100 feet in width. (e)Within 30 feet of a pier or dock in the waters of New Hanover County excluding the waters of the Intracoastal Waterway. (f)Within the New Hanover County waters of the Atlantic Ocean, a person may not operate a personal watercraft at any time in excess of headway speed which shall not exceed five miles per hour within 300 feet of persons in the water or surf fishermen. Wildlife: In accordance with North Carolina General Statutes 113-291.1, it shall be unlawful for an operator of a personal watercraft on the waters in New Hanover County to chase, NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 897 harass, molest, worry, or disturb any wildlife except when lawfully angling for hunting or trapping such wildlife. Sale: At the time of purchase, a dealer in personal watercraft shall require the buyer to view a safety video addressing safe operation of the watercraft. Lease: A personal watercraft livery owner or the livery's agent or employee shall: (a)Post personal watercraft regulations. (b)Require all renters to read the regulations. (c)Require all renters to sign a rental contract, containing a clause stating that the renter read and understands all applicable safety regulations. (d)Require all renters to view a New Hanover County approved video relating to personal watercraft safety operation. Penalties: Any person who shall violate the provisions of this Article shall be guilty of a Class 3 misdemeanor punishable by a fine of not more than $250 or imprisonment for not more than 20 days, at the discretion of the Court, as provided by Section 14-4 of the General Statutes. In closing, Ms. Whitesides reported that enabling legislation would be needed to request the General Assembly to enact: Section 1. The North Carolina Wildlife Resources Commission shall have concurrent jurisdiction with any other authorized local, state, and federal law enforcement agencies to enforce any ordinances enacted pursuant to Session Laws 1993, c. 125. Section 2. This Act applies only to New Hanover County and the municipalities therefor as set forth in Session Laws 1993, c. 125. Section 3. This act shall become effective upon ratification. Commissioner Davis requested an explanation of how the minimum age of 13 was determined? Ms. Whitesides replied it was a compromise decision. After discussing the minimum age requirements with other states, it was found that 13 was a common age. However, the State of Maryland is in the process of establishing an age limit of 16. Commissioner Birzenieks commented on the safety video requirements and asked how this regulation could be enforced for persons purchasing a used personal watercraft from a private owner? Ms. Whitesides advised the Committee had not addressed this issue. Discussion was held on how wildlife areas were designated and signs posted. Mr. Walker Golder, a member of the Task Force, reported waterbird management areas were designated by the State of North Carolina under regulations administered by the N. C. Game Commission. Signs are designed and posted by the N. C. Wildlife Commission. Ms. Marian T. McPhaul, a member of the Task Force, reported the University of North Carolina at the Wilmington Research area was leased from the State of North Carolina; therefore, the designation of this area was controlled by State regulations. Commissioner Davis asked if Section 12-146(d) would protect natural heritage areas such as the estuarine area behind Figure 8 Island? Ms. Whitesides responded this section would not apply to newly recognized estuarine areas such as Figure 8 Island. She advised the State of Georgia included tidal creeks in its Personal Watercraft Ordinance. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 898 Chairman Greer expressed appreciation to the members of the Task Force for the time and effort given to develop the draft ordinance. He presented the following recommendations: (1)Definition: Chairman Greer recommended eliminating the words, outboard motor, with the section to read as follows: For purposes of this ordinance, "personal watercraft" means a small vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vehicle. Ms. Whitesides agreed with Chairman Greer and reported after discussing the definition with a boating administrator on Lake Wylie, it was found that the Lake Wylie Marine Commission was granted authority from the State of North Carolina to use a definition that does not refer to an outboard motor. (2)Section 12-146(d): Chairman Greer reported Section 12-146(d) does not prohibit the operation of personal watercraft in bodies of water less than one hundred (100) feet in width, and he recommended rewording this portion of the ordinance. Ms. Whitesides agreed and advised the Task Force would reword the section. (3)Chairman Greer commented on confusion about the designated areas and recommended developing an aerial map to show the specified areas where watercraft cannot exceed five miles per hour so people can be better informed. (4)Chairman Greer reported when stipulating distances from a pier, dock, a person in the water, or surf fisherman, the ordinance should stipulate the same distance in order to avoid confusion for personal watercraft users. (5)Chairman Greer asked how anyone could determine if wildlife had been worried by the personal watercraft? He suggested eliminating this word. Ms. Whitesides reported the phrase, worrying wildlife, came directly from the State Statutes. (6)Concern was expressed for requiring videos to be shown to renters because of wet concrete floors that could create problems with electrocution. In closing, Ms. Whitesides requested the Board to consider the following items: (1)New Hanover County agrees to fund and post signs of the Personal Watercraft Ordinance. (2)The Personal Watercraft Ordinance shall become effective on the day of adoption. (3)Establish a permanent Watercraft Safety Committee to review and implement ordinances and recommendations of the Personal Watercraft Task Force. Representation of the Watercraft Safety Committee shall be from the same segments of the community as the original Personal Watercraft Task Force. (4)The New Hanover County Sheriff's Department shall establish a local marine/boat patrol for enforcement of the Personal Watercraft Ordinance. (5)Introduction of legislation to authorize the Wildlife Resources Commission to enforce certain ordinances in New Hanover County. Discussion was held on enforcement of personal watercraft regulations. Vice-Chairman Caster commented on the problems experienced in Miami when trying to enforce the watercraft regulations and advised that enforcement would be a problem. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 899 Ms. Whitesides reported that after discussion with several states regarding the enforcement of regulations, it was found that once the personal watercraft regulations were enforced with penalties assessed, a majority of watercraft users complied to the ordinance. U. S. Coast Guard Operations Officer, Greg Hood, commented on assisting the Sheriff's Department with intoxicated boaters and stated the Coast Guard would be glad to provide the same type of assistance for enforcement of the Personal Watercraft Ordinance. He advised the Coast Guard would establish probable cause that a violation has occurred and contact the Sheriff's Department, who would send a deputy to the scene to perform the investigation and issue a citation. Currently, New Hanover County has only one boat and auxiliary volunteers are used to respond to calls. In 1995, four out of every ten boating accidents occurred with personal watercraft. In 1996, seven accidents out of ten involved personal watercraft and in 1997, eight of every ten boating accidents involved personal watercraft. The U. S. Coast Guard will assist New Hanover County with enforcement of the watercraft ordinance through the Sheriff's Department; however, there is a shortage of manpower and the County needs to purchase a new boat. Chairman Greer opened the floor to receive public comments: Mr. Scott Britt, owner of Britt Motorsports and President of the N. C. Motorcycle and Watercraft Dealers Association, advised he was one of the first watercraft dealers in North Carolina. Concern was expressed for the lack of personal watercraft representatives on the Task Force. From the beginning of the study, safety was the first priority of the Task Force; however, as the process developed, environmental concerns became a priority and unreasonable regulations were proposed as reflected in Section 12-146 of the proposed ordinance. As a representative of the personal watercraft industry, it is felt that education would be more effective than regulations, particularly with the economic benefit of the watercraft industry to New Hanover County. Watercraft can be used in an appropriate manner, and the industry feels it is unfair to discriminate against one type of water vessel. Personal watercraft are classified as Class A vessels and must follow the same State regulations for boats under 16 feet in length. Law enforcement officials serving on the Task Force advised that new State regulations enacted July 1, 1996, provided authority to regulate unsafe usage of personal watercraft. In closing, Mr. Britt advised that personal watercraft had become a form of recreational boating that was here to stay. The personal watercraft industry has pledged to educate customers and support law enforcement, which is the best approach to resolve waterway conflicts. The personal watercraft industry requests utilization of safety regulations as proposed in the draft ordinance with elimination of Section 12-146, to create a Personal Watercraft Ordinance that is similar to ordinances being used in other states. Ms. Lisa Robertson, a resident living on the water since 1982, reported children 13 years old should not be driving a personal watercraft at 64 miles per hour. She requested the Board to consider the following changes: (1)Change the age of operators from 14 to 16 in lieu of 13 to 16. (2)The five mile speed limit should apply within 50 feet of the posted waters of the salt marsh designated as N. C. Natural Heritage areas. (3)All marsh east of the Intracoastal Waterway should be limited to headway speed only. (4)Change the 30 foot minimum to 50 feet near a pier or dock in the waters of New Hanover County. (5)Change the headway speed not to exceed five miles per hour within 100 yards from shore in lieu of 300 feet of persons swimming in the water or surf fishing. Chairman Greer, on behalf of the Board, expressed appreciation for the comments received and requested the Board to establish a date for holding a Public Hearing on the proposed ordinance. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 900 Consensus: After a lengthy discussion on the need to move forward with adopting an ordinance before the summer season, it was the consensus of the Board to hold a Public Hearing on April 7, 1997, at 9:00 A.M. to receive comments from the public on the proposed Personal Watercraft Ordinance. POSTPONEMENT OF FALCON CABLE PROGRESS REPORT UNTIL APRIL 7, 1997 Chairman Greer reported Falcon Cable requested postponement of this item until the next meeting schedule for April 7, 1997. BREAK Chairman Greer called a break from 10:56 A.M. until 11:14 A.M. REPORT ON CRIME IN NEW HANOVER COUNTY Vice-Chairman Caster reported on the number of people that feel the Board of County Commissioners, Sheriff's Department, Wilmington City Council and Wilmington Police Department are not addressing crime in New Hanover County. He advised the latest statistics presented by the Sheriff’s Department reflect that crime has decreased in New Hanover County, but it appears that a majority of the citizens do not believe this statistic. He requested Sheriff McQueen to comment on this subject. Sheriff McQueen reported the 1995-96 Crime Report showed that crime decreased by 12 percent in New Hanover County; however, aggravated assaults were up 67 percent. Drug trade is a concern and after discussion with the new Wilmington Police Chief, he agreed to re-instate the City/County Vice Unit. This combined effort should greatly improve the ability of law enforcement to reduce the drug trade. The Sheriff's Department will work with the Wilmington Police Department to further reduce crime. Also, the Sheriff's Department has placed a substation in the Monkey Junction area to provide better service, and hopefully within the next year, a substation will be opened in the Ogden area. Commissioner Howell asked if it would be beneficial to hold a public forum to inform the citizens about the reduction in crime and the methods being used by the Sheriff's Department and Wilmington Police Department to further reduce crime? Sheriff McQueen spoke in favor of this idea and emphasized the importance of the public better understanding law enforcement and the complexity of current laws. Commissioner Birzenieks expressed appreciation to the Sheriff for operating an excellent law enforcement agency and asked what the Board of County Commissioners could do to support this effort? Sheriff McQueen advised that current and past Boards of County Commissioners had been most responsive in fulfilling the needs of the Sheriff's Department by providing deputies with the necessary equipment to fight crime. He reported with continued growth in the population and the need for more deputies, space was becoming a problem that would have to be addressed in the near future. Discussion was held on problems being experienced with the structured sentencing law enacted by the General Assembly. Chairman Greer requested District Attorney, John Carriker, to comment on this issue. District Attorney Carriker reported structured sentencing was a criminal record driven system that does not work because the regulations are too complicated. For example, on a given day in District Court, a person can only be sentenced for two consecutive offenses. This means that if a person has 30 worthless checks, that person can receive only two sentences. There is another regulation that allows guilty pleas in Superior Court in one specific week to be tried as one conviction when appearing for sentencing in Superior Court at a later date. This means that a person with one (1) breaking and entry conviction and another person with fifty (50) breaking and entry convictions can appear before Superior Court with the same number of points for sentencing. The structurerd sentencing system is money driven and was devised to avoid jail overcrowding. Judges NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 901 and prosecutors are handicapped by the law. Persons committing crimes understand the system and are back on the streets with very little time served for convictions. Chairman Greer asked why judges, district attorneys, and elected officials had not appeared before the General Assembly to have the law changed? District Attorney Carriker reported money was a problem for the Judicial System in North Carolina. Due to the shortage of judges and prosecutors, only 3 percent of cases are heard in Superior Court because plea bargains are negotiated. Each prosecutor is assigned 353 trial cases per year, which is totally unrealistic, and North Carolina is ranked 49th nationally in expenditures for the judicial process. In closing, District Attorney Carriker expressed appreciation to the Board for supporting the Court System. He also expressed appreciation to the community and the many volunteers who participate in programs, such as the Big Buddy Program, which has a proven track record of saving money for New Hanover County because 90 percent of the children in this program do not reappear in the court system. He requested the Board to urge the local legislative delegation to support the recommendations presented by the North Carolina Association of District Attorneys, including the request for additional funding to hire new prosecutors and judges. He stated without the necessary resources, crime cannot be reduced. Commissioner Birzenieks requested District Attorney Carriker to discuss this item at the Legislative Coordinating Council meeting to be held on Monday, March 31, 1997, at 7:30 A.M. in the Coast Line Convention Center. Sheriff McQueen, again, stressed the importance of the public understanding the structured sentencing law and the problems being experienced with convicted persons being placed back on the streets with little or no time served. Vice-Chairman Caster requested the Board to consider holding a public forum to better inform the public about the efforts being made by law enforcement officials to reduce crime in New Hanover County. He advised the entire community and elected officials should be involved in the forum and the event should be covered by the media. Mr. E. B. Davis, Sr., representing Friends & Citizens of Wilmington 6, Inc., requested the Board to consider re-establishing a Task Force comprised of city and county officials, representatives from neighborhoods, churches, agencies, and community organizations to study the conditions of the inner city and county. He stated if a person does not live in a crime ridden neighborhood, there is no way to understand the amount of crime occurring on the streets. The inner city citizens are tired of crime and want a Task Force that can objectively present recommendations to clean up the streets. Citizens have a right to help protect themselves, and they cannot depend entirely on law enforcement agencies. He urged the Board to consider re-establishing the Task Force. Dr. Anne Russell, a concerned citizen, reported the average person had a natural right to defend him or herself against crime. When the government was formed, it was agreed by the citizens to turn this natural right over to the government. If local, state, and federal governments do not address crime, villainy justice will reoccur. Sheriff McQueen does an excellent job; however, the crime statistics presented are difficult to believe. Crime is occurring on a daily basis with illegal drug transactions occurring on the streets that are not reported because the persons are not caught. The County should become aggressive and go on record stating that crime will not be tolerated in New Hanover County. She urged the Board to present the facts so the public will understand and unite in an effort to keep crime out of the community. Consensus: After further discussion, it was the consensus of the Board to proceed with holding a public forum. The County Manager was requested to select a date that would be convenient with the local legislators and invite all elected officials, the District Attorney and other groups that would be interested in attending the forum. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 902 Discussion was held on the formation of gangs. Sheriff McQueen reported this activity had been kept under control in the county. Commissioner Davis reported that Cathy Brown had called and requested him to invite the Commissioners to attend a program on gangs that would be held at the New Hanover County Library on April 9, 1997, from 7:00 P.M. until 9:00 P.M. DISCUSSION REGARDING THE IMPACT OF THE MOVIE INDUSTRY ON NEW HANOVER COUNTY Mr. Gerald Waller, Vice-President of EUE Screen Gems LTD Studios, reported that he and Mr. Frank Capra, Jr. had shared concerns about the future of the film industry in Wilmington. The following letter was read: After considerable thought, we would like to offer the following comments: All past support in developing and continuing the Wilmington Regional Film Commission is greatly appreciated. Those familiar with the history and facts are aware that it did not come easily. We can strongly attribute survival of the local film industry to our community's support. The Wilmington region and the studio have continued to be viable alternatives for film makers around the world. The attraction in recent years has been partially due to the infrastructure that has been continuously built since 1983. The studio may not have survived without that infrastructure. The benefits of the film industry to our region are no doubt recognized; however, its continued success cannot be taken granted. We propose that the current level of regional funding be maintained. Without the current level of support from the City, County, and N. C. Southeast, we will certainly lose ground to competing regions. EUE Screen Gems Studios has made an investment in our region and fully intends to do its best to keep the studio as a viable business. We cannot do this alone. We spend over $100,000 per year promoting our facility and the Wilmington region. Our local property tax contribution is $89,840 annually. Taxes from individuals and regional businesses that benefit from the studio's present is incalculable. We understand the responsibility of our community leaders to the constituents and the many financial needs to our community. I hope some of the attached information will help to show the benefits and investment the film industry gives back to our region. As North Carolina has lost jobs in textiles, agriculture, and other industries, the film industry has continued to grow. More residents of our State will have an opportunity to benefit from the film industry's growth as new jobs will continue to be created, if we remain successful and improve the film product. It is also our hope that we can nurture more indigenous film product within our State. Many new businesses and jobs have been created in our region and existing businesses benefit each day from the film industry dollars. Over one million dollars is spent each day in North Carolina by the film industry. Motion pictures are a $25 billion per year industry. They are one of our country's leading exports. The average motion picture costs $50 million to produce, market and distribute. Domestic theatrical ticket sales reached a record high of $5.91 billion in 1996 up 7.6% from 1995. Admissions soared to $1.3 billion in American theaters. Foreign and ensuing markets continue to grow. No other industry dollars are spread throughout the community like film industry dollars. The film industry continues to expand its new and innovative technologies. We are currently pursuing a relationship with post production facilities and other industry related companies which will train and hire North Carolinians. The North Carolina School of Arts film making presents its film graduates this year. UNCW and Cape Fear Community College also are playing an active role in training and recruiting new students with film related programs. As with any industry, academics are critical for NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 903 keeping pace and remaining competitive in the world market. We commend our schools for recognizing the need, and we fully intend to maintain an active role in developing more film programs with our schools. We hope this information is helpful. We respectfully request that the Wilmington Regional Film Commission continue to be funded at the current level for the next fiscal year. Mr. Waller advised there will be 250 competing film offices affiliated with the Association of Film Commissioners internationally, which is a record number. If Wilmington was a state, the film industry would be 5th in the United States in film production. North Carolina is acknowledged as one of the fastest growing centers for film and television production in the United States. Again, Wilmington produces a majority of the project. Since 1980, 330 feature films have contributed $4.5 billion to the State's economy. The State's 1996 gross revenues from the film and television industry were $438 million with Wilmington's portion being $260 million. There are 1,200 full-time resident film technicians living in the State with 850 residing in the Wilmington region. Eighty percent of films shown in Europe are of U. S. origin. Mr. Waller stated the Wilmington Film Commission was a part of the community. One vendor in the region sold more than $1 million of products for one film. This is expected to be the future trend for Screen Gems. There are film offices that are competing within the State for the film production business. In closing, Mr. Waller reported that Mr. Capra was striving to promote the growth of the film industry in this area. Discussion was held on the offer made by N. C. Southeast Film Committee to transfer management of the Wilmington Film Commission to N. C. Southeast with the local office being moved from the Chamber of Commerce building to another location in New Hanover County. Chairman Greer explained that part of the offer was for N. C. Southeast to appoint a Film Committee composed of three members representing N. C. Southeast Film, a representative from the City of Wilmington (preferably the Mayor) and a representative from New Hanover County (preferably the Chairman of the Board) to serve as the governing board of the local film office. Currently, the Wilmington Film Commission receives $136,000 from N. C. Southeast, $35,000 from New Hanover County, and $30,000 from the City of Wilmington. Due to concern expressed by the various film groups, particularly with reference to relocation of the local film office, N. C. Southeast withdrew its offer and promised to fulfill its funding obligation for the remainder of FY 1996-97. If funding from N. C. Southeast is to be continued for the Wilmington Film Commission, the Board will have to write a letter to request N. C. Southeast to renew the offer as written in the December 30, 1996, letter. Vice-Chairman Caster asked why the film community was reluctant to establish a committee comprised of three members from the N. C. Southeast, a member from the County, and a member from the City to control the Wilmington Film Commission? Mr. Waller responded there was a great deal of concern from the film community because the facts were not clearly reported. Screen Gems is making an effort to become involved in the communication loop. Hopefully the studio can be a liaison within the film community to assist them with better understanding the intentions of the N. C. Southeast. Mr. Waller advised that he was disappointed with the conflict that had developed between N. C. Southeast and the Wilmington Film Commission. He complimented the Chamber of Commerce for the help given to the film industry and reported without this assistance the industry would not have grown to this point. He stated a solution must be found to locate the office in a place that will be agreeable to all parties involved. Ms. Connie Majure, Executive Director of the Chamber of Commerce, reported N. C. Southeast removed its proposal because of discomfort from the article published in the Star-News. This action was not encouraged by the City of Wilmington, New Hanover County, or the Chamber NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 904 of Commerce. Once the offer was withdrawn, the Chamber contacted Attorney George Rountree and was informed that N. C. Southeast would not forward another proposal until the City and County had met and developed an agreement that was satisfactory to all parties. She advised the Chamber began immediately to work on another proposal. Ms. Majure expressed concern for wasting time since a proposal should be in place before July 1, 1997. The Chamber has mailed a survey to the film crew to find out if there is enough concern to hold forums throughout the community. After briefly reviewing the surveys received, the results do not appear to be negative. If N. C. Southeast had waited 30 days, the Chamber of Commerce would have probably adopted a resolution requesting the City and County to support the original proposal. She stated the Chamber would like to be assured that the Wilmington Film Commission will be funded for the next fiscal year. Chairman Greer advised he could not vote for the County to replace the funding provided by N. C. Southeast to the Wilmington Film Commission since a reasonable offer had been made. He recommended requesting N. C. Southeast to reconsider the original offer as outlined in the letter of December 30, 1996. Mr. Waller advised that the studio would approach Attorney Rountree to request Southeast to reconsider offering the original plan. Commissioner Birzenieks expressed concern for the Board of County Commissioners not being informed about the entire situation until reading the article in the newspaper. He encouraged all groups to work together to ensure continued growth of the valuable industry in New Hanover County. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster to accept the offer by Southeast as outlined in the December 30, 1996 letter, and authorize the Chairman to write a letter to N. C. Southeast requesting the Film Committee to reconsider the original offer. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Howell Vice-Chairman Caster Chairman Greer Voting Nay: Commissioner Davis Commissioner Davis stated, for the record, he was uncomfortable voting on a proposal that had been withdrawn. BREAK Chairman Greer called a break from 12:50 P.M. until 1:00 P.M. CONSIDERATION OF REQUESTED ACTION BY THE NEW HANOVER COUNTY BOARD OF HEALTH Ms. Lynda Smith, Acting Health Director, reported on February 5, 1997, the Board of Health voted unanimously to request the members of the North Carolina General Assembly to support the following legislation: 1.Request the North Carolina General Assembly members to support legislation which will require a mandatory learner’s permit before obtaining a full North Carolina Drivers license. 2. Endorse Governor Hunt’s Crackdown on Drunk Drivers. Ms. Smith requested the Board of County Commissioners to support the legislation and write letters of support to the local legislative delegation. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 905 Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to support the legislation requiring a mandatory learner's permit before obtaining a full North Carolina Drivers license. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer spoke in opposition to the resolution adopted by the Board of Health concerning drunk drivers. He objected to seizing a suspected drunk driver's vehicle at the time of arrest before going to trial. He emphasized the importance of being innocent until proven guilty and recommended writing a letter to encourage the members of the General Assembly to crack down on drunk drivers. Motion: After a lengthy discussion, Commissioner Davis, MOVED, SECONDED by Commissioner Birzenieks to support legislation to crack down on drunk drivers. Upon vote, the MOTION CARRIED UNANIMOUSLY. FIRST READING OF ORDINANCE TO AMEND CHAPTER 8, FIRE PREVENTION AND PROTECTION, SECTION 8-21 OF THE NEW HANOVER COUNTY CODE Mr. Phil Kouwe, Fire Services Administrator, requested the Board to adopt an ordinance amending Section 8 of the New Hanover County Code regarding Fire Prevention and Fire Protection. The purpose of the ordinance will correct inconsistencies in the duties and responsibilities of the County Fire Marshal in code enforcement and investigation, and officially authorize the use of Deputy Fire Marshals. Mr. Kouwe also requested the Board to amend the By-laws of the Board of Fire Commissioners to remove a clause empowering this body as the local appeals board for fire code enforcement actions. This authority was associated with the old county fire code which was removed and superseded by the State Fire Code in 1992. The State Fire Code no longer contains a provision for a local appeals body. Discussion was held on the incorrect backup information being placed in the agenda packet. Vice-Chairman Caster expressed concern for voting on an amendment to the ordinance without the correct backup. Motion: After further discussion, Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to adopt the ordinance amending Section 8 of the New Hanover County Code and approve the amendment to the By-Laws of the Board of Fire Commissioners as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye:Commissioner Birzenieks Commissioner Davis Commissioner Howell Chairman Greer Voting Nay: Vice-Chairman Caster Since a unanimous vote was not received on the first reading of the ordinance, a second reading will be held on April 7, 1997. 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 1:15 P.M. until 1:25 P.M. to hold a meeting of the Water and Sewer District. COMMITTEE APPOINTMENTS APPOINTMENT OF EILEEN MCCONVILLE TO SERVE ON THE NEW HANOVER COMMISSION FOR WOMEN Chairman Greer announced that one vacancy needed to be filled on the New Hanover Commission for Women. He reported that six applications had been received. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 906 Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to appoint Eileen McConville to serve a three-year term on the New Hanover Commission for Women with the term to expire May 31, 2000. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS ADOPTION OF PROCLAMATION DESIGNATING APRIL, 1997, IN HONOR OF THE 50TH ANNIVERSARY OF KURE BEACH, NORTH CAROLINA Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adopt a proclamation designating the month of April, 1997, in honor of the 50th Anniversary of Kure Beach, North Carolina. 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 36. DISCUSSION OF SCHOOL BOND REFERENDUM Vice-Chairman Caster advised that a resolution was adopted by the New Hanover County Board of Education recommending a $125 million school bond referendum. He asked if the Board was aware of this fact. County Manager O'Neal advised he received a call from the Superintendent of Schools, Dr. Dale Martin, requesting to be placed on the April 7, 1997, agenda for presentation of the 10-Year School Plan. At that time the resolution was mentioned. He informed Dr. Martin about the importance of completing the public opinion survey before the Board of County Commissioners would consider establishing a figure for the size of the school bond issue. Commissioner Birzenieks strongly objected to deciding on any bond amount until the survey has been performed by Wirthlin Worldwide, Inc. The members of the Board agreed with Commissioner Birzenieks and decided not to consider this item until the survey had been completed. DISCUSSION OF PROPOSED CRIME FORUM County Manager O'Neal requested clarification from the Board about the format to be used when holding the public crime forum. Chairman Greer emphasized the importance of the District Attorney explaining the structured sentencing program. Commissioner Birzenieks recommended approaching the local television stations about sponsoring the forum. He also suggested inviting several members from the public representing leadership throughout the community to sit on the panel. County Manager O'Neal responded it might be difficult to find a convenient date for the local legislators since the General Assembly is in long session. He advised he would contact the legislators for an appropriate date, make a list of persons to be invited, and approach the television stations about sponsoring the forum. A report will be forwarded to the Board. DISCUSSION OF BREAKFAST MEETING WITH THE TOWN OF KURE BEACH Clerk to the Board, Lucie F. Harrell, reported on being called by the Town Clerk of Kure Beach to invite the Commissioners to attend a breakfast meeting with the Kure Beach Town Council to discuss the provision of water and sewer to the Hanby/Wilmington Beach area. Consensus: After discussion, it was the consensus of the Board to schedule a breakfast meeting on April 30, 1997. Chairman Greer requested the County Attorney to review the State Law that prohibits the Water and Sewer District from incorporating an area that crosses a body of water. County Attorney Copley advised that she would check into this matter and report back to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 25 REGULAR MEETING, MARCH 24, 1997PAGE 907 DISCUSSION OF SCHEDULING A TOUR OF THE CP&L BRUNSWICK NUCLEAR PLANT AND SUNNY POINT TERMINAL County Manager O'Neal requested the new Commissioners to schedule a date to tour the CP&L Brunswick Nuclear Plant and visit the Sunny Point Terminal. He, also, requested the new Commissioners to schedule an afternoon to meet with Dan Summers to discuss the functions of the Emergency Operations Center. After discussion, the new members agreed to contact the County Manager with convenient dates. DISCUSSION OF SCHEDULING A WORK SESSION AND PUBLIC HEARING FOR THE PROPOSED INTERIM DRAINAGE REGULATIONS Commissioner Davis inquired as to when a Work Session and Public Hearing would be held to discuss interim drainage regulations. County Manager O'Neal responded the interim drainage regulations would be presented on May 5, 1997. Commissioner Davis spoke on the importance of adopting interim regulations as soon as possible with the hurricane season to begin in June. He strongly objected to the length of time that had occurred in scheduling a Work Session and holding a Public Hearing, and he requested the County Manager to move forward with this process. Consensus: After a lengthy discussion, it was the consensus of the Board to schedule a Work Session on April 17, 1997, after the Thursday morning staff meeting from 10:00 A.M. until 11:00 A.M. and schedule a Public Hearing on April 28, 1997, from 7:00 P.M. until 9:00 P.M. ADJOURNMENT Chairman Greer adjourned the meeting at 2:31 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board