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HomeMy WebLinkAbout2004-04-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 11 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 19, 2004, at 9:00 a. m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members of the Board present were Vice-Chairman Julia Boseman; Commissioner William A. Caster; Commissioner Ted Davis, Jr; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Sheila L. Schult. Chairman Robert G. Greer was absent. Vice-Chairman Boseman 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. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Vice-Chairman Boseman asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Commissioner Davis requested Finance Director Bruce Shell to explain the process Staff used in making the recommendation to award and approve a five year contract to Bank of America for banking services. Mr. Shell explained that a Request For Proposal was done for banking services and four proposals were received. Staff evaluated the proposals and determined that the proposal submitted by Bank of America provided the best package at the least cost to the County. He also explained that Bank of America is the bank currently providing services eliminating the transition and implementation period. After hearing no further comments, Vice-Chairman Boseman called for a motion to approve the items on the consent agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 - 0. CONSENT AGENDA Approval of Minutes The Commissioners approved the following minutes: Work Session, February 12, 2004 Special Meeting, February 16, 2004 Closed Session, February 16, 2004 Regular Meeting, March 8, 2004 Regular Meeting, April 5, 2004 Approval of Application for the Special Volunteer Program Grant from the Corporation for National and Community Service- Emergency Management Department The Commissioners approved the request from Emergency Management to apply for a Special Volunteer Program Grant from the Corporation for National and Community Service for the purpose of strengthening community efforts in support of homeland security. Twelve nationwide grant awards in the amount of $100,000-$500,000 will be made to organizations proposing well-planned activities and on-going roles to engage community members, especially those age fifty-five and over, as volunteers to strengthen the nation's ability to mitigate, respond to, and prepare for emergencies and disasters, both man-made and natural. Adoption of Resolution Approving Transfer of a Mako Boat, Yamaha Motor and Trailer to the City of Wilmington Police Department The Commissioners adopted a resolution approving transfer of a 1997 Mako twenty-three foot boat (ID # MRKAT137E797, FA # 014014); Yamaha motor (Serial # 61A-UL-100147, FA # 014015); and EZ Load float-on trailer (Serial # 1ZEDABRG2VP024919, FA # 014016) to the Wilmington Police Department from the Sheriff’s Department. In lieu of monetary compensation, the County accepts as the full and fair consideration for the value of the boat, motor, and trailer, the City's assurance that the items shall be used exclusively for law enforcement and patrol in City waterways and that the City will keep, use, and maintain the items for a minimum of two years. County staff was authorized to process any required documents to consummate the transaction. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 26.6. Adoption of Resolution Awarding and Approving a Five Year Contract to Bank of America for Banking Services of the Finance Department The Commissioners adopted a resolution awarding RFP # 04-0234 and approving Contract # 04-0234, to Bank of America to provide the County’s banking services for a contract period of five years. Four proposals were received in response to the RFP, and staff evaluation determined that the proposal submitted by Bank of America provided the best package at the least cost to the County. The County Manager was authorized to execute the contract. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 12 A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 26.7. Approval of Beach Re-nourishment Project Change Order for Carolina Beach and Kure Beach The Commissioners approved the project change order in the amount of $44,843 for Carolina Beach and Kure Beach as recommended by the Port Waterway and Beach Commission. A change order was required to complete the project due to unexpected beach erosion from Hurricane Isabel and various northeastern storm activity. Additional Federal and State funding is available for this change order. The Carolina Beach project requires federal funds of $198,630, state funding of $44,527 and county funds of $14,843. The Kure Beach project requires federal funds of $163,250, state funding of $90,000, and county funding of $30,000. The total county funding of $44,843 is budgeted in the Room Occupancy Tax Fund. Approval of Consolidated Agreement Between the North Carolina Department of Health and Human Services and New Hanover County Health Department For the Advancement of Public HealthHealth Department - The Commissioners approved the consolidated agreement between the NC Department of Health and Human Services and the New Hanover County Health Department for the advancement of public health. This agreement sets forth the terms and conditions applicable for the activities carried out by the Health Department involving state funding. The total funding for services provided by the New Hanover County Health Department is $2,881,706; state grants represent $1,731,885 and Title XIX (Medicaid Reimbursement) represents $1,149,821. A copy of the agreement is on file in the County Attorney's office. Approval of Request to Submit a Three Year Renewal Grant to the Corporation for National Service to Fund the Foster Grandparent Program from July 2004-2007- Department of Aging The Commissioners approved a request from the Department of Aging to submit a three year renewal grant in the amount of $158,302 per year to the Corporation for National Service to fund the Foster Grandparent Program from 2004-2007. The grant provides for a stipend of $2.65 an hour and transportation expenses for thirty-five low income senior volunteers who meet income eligibility requirements and are sixty years of age or older. Foster Grandparent volunteers work one-on-one with at risk children in the Head Start program and local area elementary and middle schools in order to ensure that these children succeed in their learning and have the necessary skills to be promoted to the next grade. The grant requires a 10% local match, which is reflected in .065% or $10,289 cash and the remainder in-kind. Approval of Delinquent Application for Release of ValueTax Department - The Commissioners approved the delinquent application for exemption from property tax from the organization Camp New Life, Inc., B0030B0139. Acceptance of Tax Collection Reports Through March 31, 2004 Tax Department - The Commissioners accepted the following Tax Collection Reports through March 31, 2004, 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 26.8. Denial of Sponsorship Contribution for the Maritime Day Festival The Commissioners denied a request from the Maritime Day Festival Committee to give a sponsorship contribution of $1,000 for the Maritime Day Festival at the Port of Wilmington. Approval of Budget Amendment # 04-0185-Planning Department/HUD The Commissioners approved the following budget amendment: Budget Amendment #04-0185-Planning-HUD Adjustment Debit Credit Transfer in from Capital Projects$15,000 Temporary Salaries $15,000 Explanation: Budget transfer in from the HUD Disaster Recovery Initiative project for planning intern's temporary salary. Approval of Budget Amendment # 04-0186-Criminal Justice Partnership Program The Commissioners approved the following budget amendment: Budget Amendment #04-0186-Criminal Justice Partnership Program Adjustment DebitCredit Criminal Justice Partnership Grant$10,580 Contract Services$ 580 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 13 Budget Amendment #04-0186-Criminal Justice Partnership Program (Cont.) Adjustment Debit Credit Supplies$4,000 Capital Outlay$6,000 Explanation: To increase budget for additional funds awarded to the Criminal Justice Partnership Program for the purchase of equipment. Approval of Budget Amendment # 04-0187Social ServicesDepartmen - t The Commissioners approved the following budget amendment: Budget Amendment # 04-0187-Social Services Department Adjustment Debit Credit DSS Administration: DSS Administration Grant$49,595 Energy Assistance: Assistance Payments$49,595 Explanation: Received additional federal funding to support the Energy Assistance Program. Approval of Budget Amendment # 04-0193-General Fund The Commissioners approved the following budget amendment: Budget Amendment # 04-0193-General Fund Adjustment Debit Credit General Fund: Operating Transfer In$619,974 Appropriate Fund Balance$951,594 Principal on Bonded Debt $588,800 Interest on Bonded Debt $982,768 Public School Fund: Principal on Bonded Debt$508,800 Interest on Bonded Debt$318,251 Transfer to General Fund$190,549 Environmental Management Fund: Principal on Bonded Debt $ 80,000 Interest on Bonded Debt$349,425 Transfer to General Fund$429,425 Explanation: Correct Budget Amendment # 04-0133 for auditor corrections per annual audit. Approval of Budget Amendment # 2004-41-Sheriff’s Department The Commissioners approved the following budget amendment: Budget Amendment # 2004-41-Sheriff’s Office Adjustment Debit Credit Controlled Substance Tax: Controlled Substance Tax$1,783 Capital Project Expense$1,783 Explanation: To increase budget for additional revenue received on February 9, March 18 and March 24, 2004. CONSIDERATION OF PROCLAMATION DECLARING MAY 2004, AS NATIONAL DRUG TREATMENT COURT MONTH Vice-Chairman Boseman reported that the New Hanover County Drug Treatment Court has requested adoption of a proclamation declaring the month of May 2004, as National Drug Treatment Court Month. She introduced the Honorable J. H. Faison III, District Court Judge for New Hanover County and Penny Craver, Coordinator, Drug Treatment Court. Commissioner Pritchett read the proclamation into the record. Vice-Chairman Boseman requested a motion for approval. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster to adopt the proclamation declaring May 2004, as National Drug Treatment Court Month. Upon vote, the MOTION CARRIED 4 - 0. Vice-Chairman Boseman requested Judge Faison and Ms. Craver to step forward to receive the proclamation. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 14 On behalf of the Board, she presented the proclamation to Judge Faison and Ms. Craver and asked if they would like to speak. Judge Faison and Ms. Craver, on behalf of National Drug Treatment Court, thanked the Board for the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 26.9. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS: County Manager O’Neal requested the following employees to step forward to receive service awards: Five YearsGloria S. Umstetter- Health Department Angela H. Benton - Social Services Ten YearsMichael W. Smith - Inspections Department April J. MacAlpine - Health Department Fifteen YearsMae R. Simmons - Human Resources Sandra B. Craig - Information Technology Darnel Brooks - WASTEC Cora L. Waddell - Social Services Twenty YearsMarva Sneed - Information Technology Aldyth J. Baker - Tax Department Twenty-five YearsMajor David L. Smithey - Sheriff’s Office Lt. Joseph L. McCarthy - Sheriff’s Office Thirty Years Joann M. Swart - Social Services On behalf of the Board, Vice-Chairman Boseman presented a service award to each employee and expressed appreciation and thanked them for their dedicated years of service. RECOGNITION OF NEW COUNTY EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: Robert Smith - ElectionsJane O’Brien - Cape Fear Museum Suzanne Brischler - Health DepartmentKeysha Fredlaw - Social Services Kevin Bettenhausen - InspectionsBilly Helms - Social Services Jay Stokley - InspectionsBrenda Bambino - Social Services Alice Sheridan - Library On behalf of the Board, Vice-Chairman Boseman welcomed these new employees to New Hanover County government and wished them success with their new positions. CONSIDERATION OF PROCLAMATION DECLARING APRIL 18-24, 2004, AS APPRECIATION WEEK FOR COUNTY DEPARTMENT OF SOCIAL SERVICES EMPLOYEES Vice-Chairman Boseman introduced LaVaughn Nesmith, Director of the Social Services Department and called on him to make the Staff presentation. Mr. Nesmith reported that Governor Easley has declared the week of April 18-24, 2004, as Appreciation Week for County Department of Social Services Employees in North Carolina. Commissioner Caster read the proclamation into the record. Vice-Chairman Boseman requested a motion for adoption. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to adopt the proclamation declaring the week of April 18-24, 2004 as Appreciation Week for County Department of Social Services Employees. Upon vote, the MOTION CARRIED 4 - 0. Vice-Chairman Boseman requested Mr. Nesmith to step forward to receive the proclamation. On behalf of the Board, she presented the proclamation to Mr. Nesmith and asked if he would like to speak. Mr. Nesmith, on behalf of the Department of Social Services employees, thanked the Board for the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 26.10. CONSIDERATION OF RESOLUTION PROCLAIMING THE WEEK OF APRIL 18-24, 2004, AS THE WEEK OF THE YOUNG CHILD IN NEW HANOVER COUNTY Vice-Chairman Boseman reported that the New Hanover County Partnership for Children requested that the Commissioners proclaim the week of April 18-24, 2004, as the Week of the Young Child in New Hanover County. The theme of the observance is “Children’s Opportunities, Our Responsibilities.” She introduced Janet Nelson, Executive Director of New Hanover Partnership for Children and the group of children who sang several songs and presented each NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 15 Commissioner with a pin. Commissioner Davis read the resolution into the record. Vice-Chairman Boseman requested a motion for adoption. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett to adopt the resolution declaring the week of April 18-24 as the Week of the Young Child in New Hanover County. Upon vote, the MOTION CARRIED 4 - 0. Vice-Chairman Boseman requested Ms. Nelson to step forward to receive the resolution. On behalf of the Board, she thanked the children for singing and presented the resolution to Ms. Nelson and asked if she would like to speak. Ms. Nelson, on behalf of the New Hanover Partnership for Children, thanked the Board for the resolution. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 26.11. CONSIDERATION OF ESTABLISHING A CAPITAL FACILITIES REVIEW PROCESS Vice-Chairman Boseman asked County Manager O’Neal to present this item. County Manager O’Neal reported that several months ago the Planning Board asked the Commissioners to consider establishing a process to review site plans for larger Capital Projects that are publically funded. At the Commissioners’ directive staff members have drafted an outline for the creation of a facilities review group that would be responsible for coordinating a comprehensive review of requests for new land purchases and facility development. He reported that this proposal was discussed at a joint meeting of the Planning Board and Commissioners on February 12, 2004. Both Boards agreed that a better mechanism was needed for long-range capital facilities planning. The Commissioners felt that this Capital Facilities Review Process would allow both Boards to jointly seize upon short-term opportunities that may arise in the purchase and development of public property. There was also some discussion of the need for a Long Range Planning Committee, however, most of the members felt that the CAMA Land Use Plan currently underway should address growth issues. Some of the Planning Board members felt that they should have a larger role in Capital Facilities Planning for the County. He continued that the Capital Facilities Review Process will be coordinated through a Capital Facilities Review Group whose purpose is to oversee a clearinghouse for future land acquisitions and capital facilities proposed by various agencies, boards and Departments of New Hanover County. This multi-agency Facilities Review Group will be responsible for coordinating a comprehensive review of requests for new land purchases and facility development within the perspective of other agency capital needs, in order to assist the County Commissioners in providing an efficient and effective capital planning process for the benefit of all. The Facilities Review Group will review the potential for joint use or combined siting opportunities for each proposal. The Facilities Review Group will be composed of the following Departments and representatives: County Manager or designee Parks Planning Schools Fire Library Engineering Transportation Planning Board member Municipal representation (ad hoc basis - as appropriate) In conclusion, he reported that the group would initially provide a recommendation and coordinated response to any proposal for the acquisition of real property, and the siting of new facilities. These recommendations would be forwarded to the County Commissioners prior to the acquisition of any property. The Capital Facilities Review Group would be convened and chaired by the County Managers’ Office upon receiving a “Facility Needs Request Form”. Once a site or facility is selected a second part of the Review Process would require a Site Plan approval by the County Planning Board. Vice-Chairman Boseman asked Planning Director Dexter Hayes to comment. Mr. Hayes commented that the establishment of the Capital Facilities Review Group will allow the County to work jointly with the respective departments and agencies who build capital projects. Vice-Chairman Boseman commented that she felt this was a great idea and important to start planning these projects better. Commissioner Davis stated that this would make the process for publically funded projects the same as is now in effect for privately funded projects. Commissioner Caster commented that the public should demand that projects be handled jointly due to the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 16 limits on land, resources, and funding. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to approve the creation of the Capital Facilities Review Process to be coordinated by a Facilities Review Group which will review requests for new land purchases and facility development within the perspective of other agency capital needs, with meetings convened and chaired by the County Managers' Office. Upon vote, the MOTION CARRIED 4 - 0. COMMITTEE APPOINTMENTS Appointment to the Adult Care Home Community Advisory Committee Vice-Chairman Boseman announced that up to eight vacancies exist on the Adult Care Home Community Advisory Committee. She reported that two current members whose terms are expiring, Julianne Budzinski and Jacquelyn K. Jones, are eligible for reappointment. No other applications were received. Vice-Chairman Boseman asked for direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to reappoint Julianne Budzinski and Jacquelyn K. Jones to serve three-year terms on the Adult Care Home Community Advisory Commitee, with the terms to expire April 30, 2007. Upon vote, the MOTION CARRIED 4 - 0. Appointment to the Lower Cape Fear Water and Sewer Authority Vice-Chairman Boseman announced that one vacancy needed to be filled on the Lower Cape Fear Water and Sewer Authority. She reported that five applications were received, with current member Darryl T. Langley, whose second term is expiring, requesting to be reappointed. Commissioner Caster commented that current member Mr. Langley has asked for a third term, although this is not preferred. Mr. Langley has computer experience and is currently helping to implement a website for the Water and Sewer Authority. He requested, in order not to interrupt the project that Mr. Langley be reappointed for a term of one year. Commissioner Davis stated that there is a policy limiting reappointments to two terms unless there are no other applicants. For this particular committee five good applications have been received so the need must be unique to make a reappointment exception. Hearing no further comments, Vice-Chairman Boseman called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to appoint Darryl T. Langley to serve a one year term on the Lower Cape Fear Water and Sewer Authority, with the term to expire May 13, 2005. Upon vote, the MOTION CARRIED 4 - 0. Appointment to the Nursing Home Community Advisory Committee Vice-Chairman Boseman announced that four vacancies exist on the Nursing Home Community Advisory Committee. She reported that no new applications were received, and two current members, Mark C. Sheffield and Diane G. Winstead both wish to be reappointed. Vice-Chairman Boseman requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to re-appoint Mark C. Sheffield and Diane G. Winstead to serve three-year terms on the Nursing Home Community Advisory Commitee, with the terms to expire April 30, 2007. Upon vote, the MOTION CARRIED 4 - 0. Commissioner Pritchett commented to any one in the public who might be interested in serving on this committee that there are vacancies and they should contact the Clerk to the Board. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Vice-Chairman Boseman convened from Regular Session at 9:35a.m. to hold a meeting of the New Hanover County Water and Sewer District. Vice-Chairman Boseman reconvened to Regular Session at 9:50 a.m. ADDITIONAL ITEMS Additional Items - Commissioner Caster Commissioner Caster reported on the following matters: •Commissioner Caster reported to the Board that at the previous meeting of the Lower Cape Fear Water & Sewer Authority two interesting presentations were given. The first presentation was concerning an Aqua Storage Recovery (ASR) system which takes treated water and recycles it back through the ground to reuse later. The Authority will be looking at this system closer for possible use in the northern part of the county. The second presentation was from the Lumbee River Council of Governments on the Southern Coastal Plains Comprehensive Ground Water Study and Assessment. The counties included in this study were Columbus, Bladen, Sampson, Robinson, Hoke and Scotland. The Authority is considering having this study done for New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 17 •Commissioner Caster thanked County Manager O’Neal and staff for the report on drainage issues. Additional Items from Commissioner Pritchett Commissioner Pritchett reported on the following issues: •Commissioner Pritchett informed the Board that she attended the Child Abuse Public Health Forum. She continued sharing her concerns about the seriousness of child abuse in our state and community and the need for breaking the cycle of a child who is abused becoming an abuser. •Commissioner Pritchett informed the Board that she and County Manger O’Neal attended the installation of UNCW Chancellor Rosemary DePaolo on Friday, April 16, 2004. She continued to share that she felt that Chancellor DePaolo will do a wonderful job as chancellor and has great plans for the future of the University. •Commissioner Pritchett shared with the Board that over six hundred compost bins were sold last Saturday at the Lowe’s Store. She said how heartening it was that so many members of the community took an interest in learning how to compost and turn their yard waste into an amenity for their soil. •Commissioner Pritchett informed the Board that she and County Manager O’Neal signed the Partners for Economic Inclusion Declaration of Intent at their kickoff. This program is being formed to bring minority contractors, small business contractors, and women contractors into inclusion of major construction projects. She thanked Assistant County Manager Melvin for her hard work on this project. Additional Item from Commissioner Davis Commissioner Davis thanked County Manager O’Neal and staff for the drainage study report and requested a meeting be set up with the City to get more specific ideas on how to address the problems, the possible remedies, and to address cost issues. Additional Item from Vice-Chairman Boseman Vice-Chairman Boseman reported that Wilmington Downtown, Inc. has requested a representative from the County Commissioners to sit on their Board for the upcoming year beginning June 1, 2004. Currently Commissioner Pritchett is filling this seat but due to calendar conflicts she has requested another Commissioner fill the seat for the upcoming term. Vice-Chairman Boseman asked for a motion from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to appoint Vice-Chairman Boseman to serve for a one-year term on the Board of Wilmington Downtown, Inc. beginning June 1, 2004. Upon vote, the MOTION CARRIED 4 - 0. Additional Item from County Manager O’Neal County Manager O’Neal shared with the Board that due to a delay in the Board of Education having not completed their budget the County will need to publish a new budget adoption schedule. PUBLIC HEARING TO CONSIDER SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2001 SCATTERED SITE HOUSING PROGRAM CLOSEOUT Vice-Chairman Boseman opened the public hearing and requested Ms. Wanda Coston, Community Development Planner, to make the Staff presentation. Planner Coston reported that Federal and State Community Development Block Grant regulations require that a public hearing is conducted to solicit citizen comments concerning the closeout of the County's 2001 Scattered Site Housing Program. The $400,000 grant was used to provide housing rehabilitation assistance to fourteen very low-income owner-occupied households. Vice-Chairman Boseman asked if anyone from the public wished to speak on the issue. Hearing no further comments, Vice-Chairman Boseman closed the Public Hearing. She requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett to approve the closeout of the Small Cities Community Development Block Grant Program 2001, Scattered Site Housing Program. Upon vote, the MOTION CARRIED 4 - 0. 2004 NORTH CAROLINA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM- SCATTERED SITE HOUSING PROGRAM Vice-Chairman Boseman requested Ms. Wanda Coston, Community Development Planner to make the Staff presentation. Ms. Coston reported that the 2004 Scattered Site Housing Program is the second non-competitive grant to be awarded to the County. The County is one of thirty-three counties in the State that is eligible to receive $400,000 of non- competitive funds which will be used to implement a housing program that will benefit very low-income owner occupied households. In order to comply with the terms and conditions set forth in the grant requirements the Vice-Chairman must sign two copies each of the Grant Agreement and Funding Approval and appoint three persons to sign the Requisition for Funds Form. Staff recommendation is that Assistant County Manager Dave Weaver, Planning Director Dexter Hayes, and Finance Director Bruce Shell be authorized to sign the Requisition of Funds Form as required for acceptance of the 2004 Scattered Site Housing Program Grant. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 18 Vice-Chairman Boseman asked if anyone from the public wished to speak on the issue. Hearing no further comments, Vice-Chairman Boseman requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster to authorize the Vice-Chairman to sign the Grant Agreement and Funding Approval and authorize Assistant County Manager Dave Weaver, Planning Director Dexter Hayes, and Finance Director Bruce Shell to sign the Requisition of Funds Form as required for acceptance of the 2004 Scattered Site Housing Progrm Grant. Upon vote, the MOTION CARRIED 4 - 0. BREAK Vice-Chairman Boseman called for a ten minute break. PUBLIC HEARING TO CONSIDER REQUEST BY WARD & SMITH, PA ON BEHALF OF DALLAS HARRIS LAND COMPANY TO APPEAL THE DECISION BY THE COUNTY PLANNING DEPARTMENT REQUIRING THE RESERVATION OF A 150 FOOT RIGHT OF WAY ON AN APPROVED FINAL PLAT BY THE NAME OF HOLLYFIELD, SECTION 3, WEST BAY ESTATES LOCATED IN THE 7200 BLOCK OF MARKET STREET (SA-22, 03/04) Vice-Chairman Boseman opened the public hearing and requested Planning Director Hayes to present the Staff summary. Planning Director Hayes reported that in January, 2004, the County Planning Department received a final plat by the name of Hollyfield, Section 3 at West Bay. During the final plat review Planning Staff reminded the surveyor for the project that a thoroughfare design study was underway by local and state transportation officials that may impact several lots. The thoroughfare under study is a part of the adopted Thoroughfare Plan and is a vital connecting link between Military Cut-off and the Highway 17 By-Pass (I-140). The feasibility study also included a preliminary approved site plan by the name of West Bay - Section 5 that incorporated an 80 foot right of way selected by the developer. At that time, the 80 foot right of way was deemed adequate but after further study it is anticipated that an additional 70 feet or a total of 150 feet will be needed to meet proposed road design requirements for the project. In accordance with the Administrative requirements of the County Subdivision Ordinance, Section 66, the Planning Department required that a disclaimer note be placed on the final plat of Hollyfield, disclosing the presence of a planned thoroughfare. The County is withholding street addresses and building permits for the four affected lots. In approving the final plat, the County also requested that the additional right of way of 70 feet be reserved to accommodate the proposed design. Director Hayes reported that in accordance with Section 33-3 of the County's Subdivision Ordinance, Ward & Smith on behalf of Dallas Harris Land Company have appealed the Planning Department's decision and maintain that the thoroughfare reservation of the four lots was made without legal authority and in contravention of the rights of Dallas Harris. Ward & Smith also maintain that the impacted lots are based on a hypothetical thoroughfare being studied by NCDOT which is currently not part of the adopted Thoroughfare Plan. He explained that the County Planning Department believes that the Military Cut-Off Extension is part of the adopted Thoroughfare Plan and is a critical transportation need for the residents of West Bay Estates and nearby neighborhoods. Section 66 of the County Subdivision Regulations requires the developer to recognize and protect planned thoroughfares and to reserve these rights of way for a limited period of time until the property can be purchased. Commissioner Davis requested clarification on whether it is correct that under the NC General Statutes and Ordinance of New Hanover County that any action to reserve this right of way for a thoroughfare must be taken by the NCDOT. NCDOT has not filed a Transportation Corridor Official Map or taken any other action to establish this 150 foot right-of-way. Mr. Hayes responded that there is a General Statue that allows for the NCDOT or the Metropolitan Planning Organization to establish an official corridor and reserve the corridor for up to three years. He continued that what is being questioned in this case is a local ordinance which allows reservation of a corridor for a temporary period of time of one year under the Subdivision Ordinance. Commissioner Davis asked County Attorney Copley if the County had justification in proceeding with the Staff recommendation. County Attorney Copley responded the County was justified. Vice-Chairman Boseman introduced Lanny Wilson, NC Board of Transportation Member and asked him he if would like to make any comments. Mr. Wilson recognized Mark Tinkler, Staff Coordinator for the Wilmington Urban Area Metropolitan Planning Organization and Laura Padgett, Mayor Pro-Tem and Vice-Chairman of the Transportation Advisory Committee. He stated that there were three ways to reduce congestion on existing thoroughfares: 1) implement good access management; 2) move forward with good land use planning and regulation; and most importantly 3) preserve the existing corridors that were adopted on the Wilmington Thoroughfare Plan on July 12, 1999. He continued that the feasibility study for the extension of Military Cutoff Road is scheduled to be completed by June 2004, and funds have been identified to carry the project to the next planning and environmental assessment stage. The official corridor map will be recorded as soon as the feasibility study is completed which will extend the time to reserve the corridor. He requested the Board to deny the appeal and reserve the corridor. Mr. Tinkler added that Military Cutoff Extension is an important north/south connector and provides an NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 19 alternative to College Road. He continued that there have been efforts by the Transportation Advisory Commitee to work with the developer to help redesign his plans so no lots would be lost. Vice-Chairman Boseman asked the petitioner to present his case and introduced Alex Dale, of Ward & Smith, P.A. representing the Dallas Harris Real Estate Company. Mr. Dale explained that prior to February 12, 2004, Dallas Harris Land Company submitted a final plat to the New Hanover County Planning Department seeking final plat approval of the subdivision known as Section 3 of Holly Field at Westbay Estates. This final plat contained fifty-two lots available for sale, transfer or conveyance. He continued that the Planning Department refused to approve the final plat submitted because it said the NCDOT was considering and studying whether to create a thoroughfare in the general vicinity of Westbay Section 5 that would require 150 foot right-of-way. If a 150 foot right-of -way was required, it would overlay eight lots in Westbay Section 5. The Planning Department would not approve any final plat unless Dallas Harris reserved the subject lots from sale, transfer or conveyance and indicated the location of a 150 foot right-of-way on the final plat. Under protest and with full reservation of rights, Dallas Harris was forced to comply with the requirements of the Planning Department because they had a waiting list for lots and needed to continue construction in Westbay Estates. On February 12, 2004, the Planning Department approved a final plat of Westbay Section 5 with a 150 foot right-of-way as described and the subject lots reserved from sale, transfer or conveyance, despite the protest of Dallas Harris. Pursuant to Section 33-3 of the New Hanover County Subdivision Ordinance, Dallas Harris hereby appeals the decision of the Planning Department to require the designation of the 150 foot right-of-way and the reservation of the subject lots from sale, transfer or conveyance in Westbay Section 5. These requirements were made without legal authority and in contravention of the rights of Dallas Harris. The Planning Department cannot require the designation of the 150 foot right-of-way or the reservation of the subject lots based on a hypothetical thoroughfare being investigated by the NCDOT. Under the NC General Statutes and ordinances of New Hanover County, any action to reserve this right of way for a thoroughfare must be taken by NCDOT, but NCDOT has not filed a Transportation Corridor Official Map or taken any other action to establish the 150 foot right-of-way for the hypothetical thoroughfare. He argued that New Hanover County, by and through the Planning Department, has overstepped its authority. Mr. Dale concluded that pursuant to the New Hanover County Subdivision Ordinance, Dallas Harris Land Company is requesting that the Planning Department release the eight lots to the developer and let NCDOT make the decision whether a road is going to be built there and what NCDOT is going to pay for the land. Vice-Chairman Boseman asked if anyone from the public wished to speak on the request. Laura Padgett, Mayor Pro-Tem and Vice-Chairman of the Transportation Advisory Committee, reported that the NCDOT Thoroughfare Plan is a planning document and cannot be precise until the feasibility study is completed but NCDOT has made a commitment to build this road. She commented that one reason why traffic congestion is such a problem and there is so little recourse for relief is that rights-of-ways have not been preserved. There are several new developments being built in this area which will add to the traffic congestion which makes this extension even more important. She concluded that it is critical to have access to enough rights-of- way to serve that area of the County. Don Stallings, representing the Board of Directors for Landfall Council of Associations and the Landfall community, spoke on the need, as development continues in this area of the county, the infrastructure needs to be in place to allow for the future growth. He continued that current roadways are not adequate to handle traffic and that there are times when actions have to be taken that affect a few so the majority can benefit. He concluded by requesting the Board to deny the appeal. Ed Kiefhaber, a resident of the Landfall community, commented on traffic congestion problems he incurred while traveling Military Cutoff Road several times a day and requested the Board to deny the appeal. Laura Wilson, Chairperson of the Council of Associations for Landfall, commented how wonderful it was that the County was working closely with NCDOT and thanked the Planning Department for reserving the corridor. She urged the Board to deny the appeal and reserve the land. Richard Rosenmeier, a resident of the Landfall community, shared his concern on the traffic congestion and requested the Board to deny the appeal. Vin Rathburn, a resident of the Landfall community, shared that he regularly uses Military Cutoff Road and anything that can be done to relief congestion needs to be done. He requested the Board to deny the appeal. Bob Warwick, representing the Community Growth Planning Team, spoke on the necessity of reserving this corridor for future road expansion. He explained that the Community Growth Planning Team is comprised of 25 organizations in the County which meets regularly to look at growth problem areas. He stated that he had special requests from the New Hanover Public School System, the New Hanover Regional Medical Center and Emergency Management to urge the Board to deny the appeal and preserve the corridor for future expansion. Andrew Koeppel, past member of the I-140 Task Force, commented that after serving on the Task Force he felt there was no uncertainty that the highway would be completed and stressed the importance of the preservation of the corridor for the extension of Military Cutoff. He commented that the good of the public over the developer’s interest was the priority and urged the Board to deny the appeal. Vice-Chairman Boseman asked if there were other comments from the public. There being none she asked the petitioner for his rebuttal comments. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 20 Mr. Dale commented that traffic congestion was not the subject at hand but the issue was the process of the County taking the land from the property owner when NCDOT is responsible for taking land and providing compensation to the developer. Vice-Chairman Boseman asked if Staff would like to make rebuttal comments. Assistant County Attorney Moore commented that this was not a condemnation of the lots but under the Subdivision Ordinance the County is using proper authority to reserve this corridor for a one-year period. For this particular corridor, the time reservation began in February 2004, and the lots can be sold but cannot be built on until February 2005. The State Statute allows counties to have this authority which has not been used in New Hanover County since 1992 and Dallas Harris was being grand fathered under the old ruling of a twelve month reservation as opposed to the new ruling of twenty-four months. He continued that there were only four lots involved in the reservation of the corridor not eight; four lots could easily be amended for immediate construction. Hearing no further comments, Vice-Chairman Boseman closed the Public Hearing and asked for comments from the Board. Commissioner Caster commented that the difference in this case and the 1992 case was that the land was not needed for a road as it is in this case. He continued that if by February 2005, NCDOT has not filed the appropriate documents the developer will be able to build on the lots. In this case the greater good needs to be looked at in order to tackle the enormous traffic problem. He thanked Mr. Wilson, Mr. Tinkler, and Ms. Padgett for their time and comments and for working closely with the County. Vice-Chairman Boseman commented that traffic congestion was the number one issue in a survey of County residents. Commissioner Pritchett thanked Mr. Wilson for his role in moving this project up and said this was an opportunity for the developer to show his support for the County. Commissioner Davis commented on traffic congestion being a major problem and that the Commissioners have before them the opportunity to do what is best for the County. He thanked Mr. Dale for the presentation and requested Mr. Harris to continue working with the County. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to deny the request by Ward & Smith, PA on behalf of Dallas Harris Land Company to appeal the decision by the County Planning Department requiring the reservation of a 150 foot right-of- way on an approved final plat by the name of Hollyfield: Section 3, West Bay Estates. Upon vote, the MOTION CARRIED 4 - 0 . CONSIDERATION OF APPLICATION BY CAPE MEDICAL TRANSPORT, INC. FOR A NON-EMERGENCY AMBULANCE SERVICE FRANCHISE Vice-Chairman Boseman requested Assistant County Attorney Holt Moore to make the Staff presentation. Mr. Moore reported that the Cape Medical Transport, Inc. has requested a franchise to provide non-emergency ambulance service. The legal and finance departments have reviewed the application and the New Hanover Regional EMS, as overseer of the regional model EMS system, has been informed. Two readings would be required in order to grant the franchise. The Applicant does not have a state franchise permit and would need this permit before a county permit could be approved. Cypress Point verified that they are currently using in-county services provided by Cape Medical Transport, Inc. The Staff recommendation is to deny the franchise due to the state franchise permit not being in place. Vice-Chairman Boseman asked the petitioner to present his case. Steve Culbreth of Culbreth Law Firm, L. L. P representing Cape Medical Transport, Inc. reported that Cape Medical Transport in the past had their state license in place, but after a review finding they were transporting without adequate personnel on board, the license was revoked. One item pending for re-issuance of the state license is the county license. He reported that the only charges billed are to the individual’s insurance company or medicaid and that the benefits of approving this franchise would include competition of prices, increase in the County’s tax base due to the company being headquartered here and additional job opportunities. Vice-Chairman Boseman asked for discussion from the Board. Commissioner Davis asked Mr. Culbreth if the company had been operating within the county after a Court Order had been issued by Judge Cobb to cease in-county transportation. Mr. Culbreth confirmed that they were operating within the county before the court ruling in December 2002, but since the ruling he has advised them not to operate within the county. Commissioner Caster voiced his concern that the hospital had the franchise, and although for free enterprise, Cape Medical Transport continued to break the in-county transportation court order. Mr. Culbreth reported that if they were transporting within the county he was not aware of it but they were allowed to transport from county to county. Vice-Chairman Boseman asked if anyone from the public wished to speak on the issue. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 21 John Coble, Attorney at Law representing the New Hanover Regional Medical Center reported that New Hanover Medical Center Transportation currently has an exclusive franchise for emergency and non-emergency services within the county. Coastline Care has the franchise for convalescent care transportation and cautioned that Cape Medical Transport cannot be given a franchise which exceeds what was given to Coastline Care. He continued by sharing excerpts from a Cape Medical deposition of Mr. Kirk, owner of Cape Medical Transport, Inc. on June 26, 2002. This states that Mr. Kirk testified his knowledge of the franchise requirements and that as of the date of the deposition his company was continuing to operate against the franchise ordinance. He continued that the evidence is overwhelming that Cape Medical Transport is still in violation of Judge Cobb’s order, and in violation of state and county franchise laws. Mr. Coble continued that the objection for approval of the franchise by New Hanover Regional Medical Center remains that Cape Medical Transport, Inc. continues to operate in violation of county ordinance, state regulations, court order, and against their own attorney’s advice and they recommend denial of the franchise request. Vice-Chairman Boseman asked Mr. Coble if he had any knowledge of Coastline Care operating within county. Mr. Coble stated that to his knowledge Coastline Care has been operating according to county franchise laws. Ed Woodard, EMS Director for New Hanover Regional Medical Center, stated that due to Cape Medical Transport being in violation of the county franchise laws they recommend denial of the franchise. He continued commenting that Coastline Care has made every effort to comply to the standards. Vice-Chairman Boseman requested comments from the Board. Commissioner Pritchett asked Mr. Moore to clarify if Cape Medical Transport, Inc. is currently transporting patients within the county. Mr. Moore confirmed that as of this morning the administration of Cypress Point confirmed to him that Cape Medical Transport was currently transporting their dialysis patients within the county for treatment. Hearing no further comments, Vice-Chairman Boseman asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster to deny the application by Cape Medical Transport, Inc. for a non-emergency ambulance service franchise. Upon vote, the MOTION CARRIED 4 - 0. PRESENTATION ON PROPOSED SOCCER COMPLEX Vice-Chairman Boseman introduced Mason Hawfield, President of the Cape Fear Youth Soccer Organization and requested that he make his presentation. Mr. Hawfield stated that he represents a group raising private donations to fund the Cape Fear Youth Soccer Association (CFYSA) complex and that 80% of the project cost has already been raised with private funds with a projected completion date of June 2005. He continued that the benefits of the soccerplex to the county include: 1) reduces field space needs of local sports programs; 2) promotes a positive economic impact related to increased size and number of soccer tournaments and other events; 3) performs a stabilization of an environmental problem; 4) CFYSA provides maintenance of fields; and 5) helps the county reflect a proactive image in the community. CFYSA is requesting a $100,000 contribution from the City and a $150,000 contribution from the County which is for the remaining 20% of the project cost. The purchase of the Brownfield site is final and construction bids are currently being obtained. Vice-Chairman Boseman asked for comments from the Board. Commissioner Pritchett stated that she felt the complex was good use of the closed landfill space and suggested that the organization contact and work with Ray Church, Director of WASTEC. She complimented Mr. Hawfield on the excellent fund raising efforts but was cautious of not wanting to set a precedent in providing funding support for sports organizations. County Manager O’Neal cautioned that there will be others coming forward with similar requests and complimented Mr. Hawfield on the fund raising that has been done. Commissioner Davis asked Mr. Hawfield if this would be a one-time request or if there would be additional requests for additional contributions for future phases and how many youths were involved in the soccer program. Mr. Hawfield said currently the organization is only focused on phase one, but there was a possibility of future requests from the County for additional phases. He reported that approximately 3800 and 4000 youths play soccer in New Hanover County. Commissioner Davis commented how important it is to have athletic outlets for youth in the community to keep them from getting into trouble and asked for clarification on whether the request was for the current year budget or FY 2004-2005. County Manager O’Neal suggested considering funding this request in the FY 2004-2005 budget and spoke on the need for a master plan for all athletic fields. Vice-Chairman Boseman thanked Mr. Hawfield for the presentation and asked for comments from Director NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 30 REGULAR MEETING, APRIL 19, 2004PAGE 22 of Parks and Recreation Neal Lewis. Mr. Lewis commented that he is looking forward to working with CFYSA but cautioned that using public monies for recreational opportunities means the public will need access to those facilities and he stressed the need for cooperative maintenance agreements. He continued that this is a good project, but there are additional pressing needs to be addressed in the Parks master plan. Commissioner Caster cautioned regarding the precedent that is being set and pointed out the importance of the issue of maintenance and public access being addressed. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Davis to consider the request by Cape Fear Youth Soccer Association for a $150,000 contribution in FY 2004-2005 budget. Upon vote, the MOTION CARRIED 4 - 0. NON-AGENDA ITEMS Vice-Chairman Boseman announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. She requested all persons speaking to limit their remarks to three minutes. . No items were presented ADJOURNMENT Vice-Chairman Boseman called for a motion to adjourn the meeting. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED 4 - 0. Vice-Chairman Boseman adjourned the meeting at 12:15 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board