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2004-11-22 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 180 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 22, 2004, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Robert G. Greer; 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 Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Mr. Carl Byrd, Sr., Director of Human Relations, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Greer asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Hearing none, Chairman Greer asked for direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Special Meeting – November 1, 2004 Closed Session Meeting – November 1, 2004 Regular Meeting – November 8, 2004 Approval of Friends of Airlie Gardens Foundation Membership Benefits The Commissioners approved the Airlie Gardens Foundation membership benefits. General Benefits: Free admission to Airlie Gardens Advance Notice of Events and Programs Reciprocal Admission Program to hundreds of public gardens across the nation Children 12 & under Free to Concert Series & Arts Festival with accompanying adult. LevelPriceBenefits Individual$25General Benefits for 1 person Free general admission to Arts Festival Admission to concerts $4.00 Family $50General Benefits for 2 adults and accompanying children 12 & under Free general admission to Arts Festival Admission to concerts $4.00 Friend$150General Benefits for 2 adults and accompanying children 12 & under Ten guest passes-general admission, Concert Series, Arts Festival Free general admission to Arts Festival One on-site parking pass for Concert Series Sponsor$250General Benefits for 2 adults and accompanying children 12 & under Ten guest passes- general admission, Concert Series, Arts Festival Free general admission to Arts Festival One Oyster Roast ticket One on-site parking pass Sustainer$500General Benefits for 2 adults and accompanying children 12 & under Twenty guest passes- general admission, Concert Series, Arts Festival Free general admission to Arts Festival Two free Oyster Roast Tickets One on-site parking pass Two limited edition folding chairs NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 181 Benefactor $1000General Benefits for 2 adults and accompanying children 12 & under Thirty guest passes - general admission, Concert Series, Arts Festival Free general admission to Arts Festival Four free Oyster Roast tickets Two on-site VIP parking passes (w/advance reservation) Four limited edition folding chairs Special Benefactors Reception at a Concert Recognition in Airlie Cottage lobby Miscellaneous Charges Replacement Card Fee $10.00 Admission for Concert Series 8.00 Non-member Admission for Concert Series 4.00Friends of Airlie member Admission for Arts Festival 5.00 Authorization for the Cape Fear Museum to Resubmit an Application to the Institute for Museums and Library Services Museums for America Grant The Commissioners authorized the Cape Fear Museum to resubmit a grant application to the Institute for Museums and Library Services Museums for America Grant (IMLS) in the amount of $70,500 and approved the associated budget amendment if the grant is awarded. This amount includes a $35,500 Museum match of staff in- kind and budgeted funds. If the grant is awarded the funds will be used to fund an audio-tour of the Waves & Currents exhibit. Authorization for the Cape Fear Museum to Partner with the Junior League of Wilmington Programs Grant The Commissioners authorized the Cape Fear Museum to partner with the Junior League of Wilmington (JLW) Programs Grant in the amount of $39,409 and approved the associated budget amendment if the grant is awarded. If the grant is awarded the funds will be used to refurbish the Museum's Learning Center. The proposed overhaul will improve the space for school and group programs. When not in use for scheduled programs, the space would be equipped and available for family-focused self-guided exploration. The request asks for volunteer support in planning, creating, and presenting the space. The JLW will review the preliminary request, follow up with a proposal that will meet their guidelines, and identify those they wish to fund. Acceptance of Tax Collection Reports Through October 31, 2004 – Tax Department The Commissioners accepted the following Tax Collection Reports through October 31, 2004, as submitted by the Collector of Revenue, Patricia J. Raynor: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIX, Page 10.1. Release of Tax Value The Commissioners granted Senior Citizen/Disability Exclusions to the following taxpayers. Anderson, Janie M.$ 19,679 Ayash, George R. 44,087 Carter, Mary Virginia 54,897 Daughety, Virginia B. 34,359 Efird, Columbus Lee 43,051 Grady, Pearlie L. 20,000 Graham, Tracy H. Etux. 60,899 Harrington, Johnnia 21,458 Hollemon, Ruby E. 58,013 Ingram, Dorothy M. 33,437 Kenny, Jack M. Betty P. 51,767 Klinger, Kenneth R. 54,245 Muldrow, Sadie 25,512 Myers, Robert Pansy Life Estate 27,923 Nebel, Herbert 20,000 Nixon, Carolyn Life Estate 22,316 Odham, Mildred Canady 20,000 Olsen, Julia 52,241 Poulos, Emanuel Z. 30,868 Register, William 20,000 Rogers, Nancy Wise 54,123 Walker, Barbara R. 54,759 The Commissioners granted a correction as presented at the October 18, 2004, meeting to Senior Citizen/Disability Exclusion. The amount of exclusion reflected below is the corrected total amount that will be excluded from the assessed value for the following taxpayer: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 182 Cubbage, Earl D. Jr. $42,733 The Commissioners granted the delinquent application for exemption from property tax for the following organizations: Islamic Center of WilmingtonR07900-003-039-001 Wilmington AME Zion Housing R04813-009-010-000 Wilmington Children's MuseumR05405-017-007-000 Wilmington Children's MuseumR05405-017-006-001 Wilmington Children's MuseumR05405-017-006-000 Approval of Budget Amendment #05-0085 – Sheriff’s Department The Commissioners approved the following budget amendment: Budget Amendment #05-0085 – Sheriff’s Department Adjustment DebitCredit Sheriff/Administration: Other$29,334 Sheriff/Patrol: Departmental Supplies$3,500 Auto Supplies$6,698 M&R - Equipment$761 Motor Vehicle Purchases$11,575 Safe Summer Program$1,500 Project Lifesaver$5,300 Explanation: To budget the following: (1) insurance proceeds: $11,575 total loss of vehicle, $6,698 total loss of equipment, and $761 equipment repair; (2) sale of surplus equipment - $3,500; (3) contribution of Safe Summer Program - $1,500; and (4) contribution to Project Lifesaver - $5,300. Approval of Budget Amendment #05-0089 – Social Services The Commissioners approved the following budget amendment: Budget Amendment #05-0089 – Social Services AdjustmentDebitCredit Links: Links$25,000 Trust Funds$25,000 Explanation: To enhance services for teenagers in the LINKS program by promoting independent living skills and self-sufficiency in youths ages 13-21, who have been in DSS custody or foster homes. Approval of Budget Amendment #2005-22 – Sheriff’s Department The Commissioners approved the following budget amendment: Budget Amendment #2005-22 – Sheriff’s Department AdjustmentDebitCredit Controlled Substance Tax: Controlled Substance Tax`$7,932 Capital Project Expense$7,932 Explanation: To increase budget for additional revenue received on October 25, 2004. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement, as the Sheriff deems necessary. Approval of Budget Amendment #2005-23 – Sheriff’s Department The Commissioners approved the following budget amendment: Budget Amendment #2005-23 – Sheriff’s Department Adjustment DebitCredit Federal Forfeited Property: Federally Forfeited Property$6,227 Capital Project Expense$6,227 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 183 Explanation: To increase budget for additional revenue received on October 4, 2004. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement, as the Sheriff deems necessary. REGULAR ITEMS OF BUSINESS PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Five Year:Murdis W. Charles-Craft - Health Department Cynthia L. Corbett - Inspections Carolyn G. Johnson - Register of Deeds Helen M. Millinor – Health Department Jeffery Rohena - Sheriff's Office Brian Williamson – Sheriff’s Office Ten Year:Mary D. Brown - Social Services Jamie B. Collins - Social Services Henry H. Green - Property Management Mark D. Murphy - Social Services Fifteen Year:Billie J. Stallings - Health Department Renee Tootoo - Health Department Twenty-Five Year:Larry P. Hines - Sheriff's Office Julia Talbutt – Social Services Thirty Year:Diane T. Vosnock - Health Department. On behalf of the Board, Chairman Greer presented a service award to each employee, expressed appreciation and thanked them for their dedicated years of service. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager O’Neal requested the following employees to step forward to receive retirement plaques: Orethia K. Brown, Administrative Support Assistant 30 Years of Service Burris K. Fowler, Chief Code Enforcement Official 23 Years of Service Jeffrey Olson, Social Services Manager 19 Years of Service Michael C. Sorg, Deputy Sheriff Sergeant 20 Years of Service On behalf of the Board, Chairman Greer presented a plaque to each employee and expressed appreciation to them for their dedicated years of service to New Hanover County. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be introduced: Julia Rehder – Airlie Gardens Linda Montgomery – Airlie Gardens Jennifer O’Keefe – Environmental Management Michael Damron – Environmental Management Sonja Henry – Social Services Rozann Burdick – Social Services Devonia Harrison – Social Services Angela Jenks – Tax Office Wanda Moore – Tax Office On behalf of the Board, Chairman Greer welcomed the new employees to County Government and wished them success with their new positions. PRESENTATION OF EMERGENCY MEDICAL SERVICES ACTIVITIES REPORT New Hanover County Regional Medical Center Vice President and Chief of Emergency Services Ed Woodard reported that as the EMS System Administrator for New Hanover County, New Hanover Regional Medical Center is required to make periodic reports of activities to the Board of Commissioners. NHREMS includes six divisions with three affiliated departments: •EMS Field Operations is the primary provider of 911 emergency ambulance and paramedic services for New Hanover County and the municipalities within the County. •EMS Critical Care Ground Transport is the primary provider of ground Critical Care Patient Transport in Southeastern NC. Seven counties are included in the primary response area. A secondary mission includes 911 backup to EMS Field Operations. •EMS Critical Care Air Transport is the primary provider of the Air Medical Transport in Southeastern NC. Ten counties are included in the primary response area. •EMS Patient Care Transport Services provides non-emergency ambulance transport within New Hanover NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 184 County. A secondary mission is 911 backup to EMS Field Operations. •EMS Regional Communications is the NHREMS in-house dispatch center that receives, processes, and dispatches calls to VitaLink, AirLink, and PCTS. Helicopter flight operations/coordination and flight following are also functions of this division. •VitaLine is a public nurse telephone help and triage/referral service. It is a free public service offered twenty-four hours a day. •Affiliated Departments include Trauma Services, Safety Services, and Special Police. Chief Woodard reported that from July 1, 1998 through FY 2004 Emergency Medical Services responded to a total of 155,002 calls; 192,965 total individual unit responses; and transported 108,395 patients. PRESENTATION OF DISPROPORTIONATE MINORITY CONTACT PROJECT ANNOUNCMENT Assistant County Manager Patricia Melvin reported that New Hanover County applied for and was one of three counties chosen to receive funds in the amount of $110,000 from the Governor's Crime Commission to conduct a study on the number of minorities who become involved in the juvenile justice system in comparison to other groups. The project is funded through June 30, 2005. The study will assess whether that number is disproportionate, identify key decision points and root causes, and identify ways of eliminating the root causes. A Task Force made up of representatives from agencies will assist in providing information and support to the project. UNC-Wilmington has submitted a proposal to conduct the statistical research and conduct focus group meetings. The County Manager’s Office and the Juvenile Crime Prevention Council will provide grant oversight. The project is funded through June 30, 2005. The agencies participating in this community-wide effort have agreed to enter a Memorandum of Agreement expressing their support of the project. Today marks the kick-off of the Disproportionate Minority Contact (DMC) Project in New Hanover County. Assistant County Manager Melvin introduced Ms. Nequan Peartree stating that she has been hired as project coordinator to lead the project. Project Coordinator Peartree introduced participating agency representatives, LINC representative Frankie Roberts; Family Support Network of Southeastern North Carolina representative Cheryl Ewing; Mary Mosley representative of the Family Neighborhood Institute; Margaret Weller Stargell with Coastal Horizons Center; Kelly Hanley with Child Court Administrator and Child Advocacy Commission of the Lower Cape Fear, Inc. representative Clancy Thompson. Assistant County Manager Melvin acknowledged Community Boys and Girls Club representative Kevin Yearwood; Project Easy representative William Dudley; and City of Wilmington representative Bob Garrison. Assistant County Manager Melvin thanked the Board for their support of the project and for acknowledging the kick-off of the DMC Project in New Hanover County. CONSIDERATION OF REQUEST FOR APPROVAL TO SOLICIT PROPOSALS FOR TELECOMMUNICATIONS SERVICES Emergency Management Director Warren Lee reported that the County is currently at a crossroads with regards to 800 MHz radio system technology. APCO Project 25, the newest federal standard that governs two-way radio systems, requires that all 800 MHz systems provide for interoperability in the future. Radios from the County’s system must be capable of “talking” to radios from any other 800 MHz system. New Hanover County’s analog trunked system has performed to specification since it was first brought on line, but in its current form it does not meet the new federal standards for compatibility. Current issues facing the County are: •Inadequate coverage in certain areas •System “busy signals” •Limited migration path towards newer digital technology •Compliance with APCO Project 25 standards Director Lee reported that long-term project goals are: •Better county-wide coverage •Addition of a second transmitter site at the south end of County •Tuning of Flemington site for enhanced coverage in the north end of County •Transition path to digital technology and new APCO Project 25 standards •Expand number of channels to minimize “system busy” occurrences and accommodate future growth •Interoperability with North Carolina’s state-wide radio trunking system (VIPER) •Retain full compatibility with the 911 Communications Center and other system users •Simulcast capability – every radio works everywhere Commissioner Pritchett confirmed with Director Lee that at the time the existing equipment was installed, Pleasure Island had its own 911-dispatch and radio system. Coverage is now needed for the south end of the County, as they no longer have their own system. Director Lee reported that there are three avenues that can be pursued that will provide for the migration path from analog to digital technology. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 185 System Options: •Upgrade of existing system •Add a second Motorola trunked site in the south end of the County for enhanced coverage – simulcast •Expand the number of channels available •Introduce digital technology on a limited basis •Replacement of existing system •Open bid process for replacement of equipment •Must include replacement of mobile and portable units, if necessary Must include equipment necessary for operation of the Public Safety Communications Center •Gateway System - bridging the existing system with a new system located in the south end of the County •Patches existing Motorola system with a disparate system on a tower in the south end of the County •Limited number of interoperable channels •Limited functionality between systems •Radios cannot roam outside of their coverage area – every radio does not work everywhere Information Technology Director Leslie Stanfield continued that with the technology changing rapidly and New Hanover County’s need to expand its current system, critical decisions have to be made. It is nearly impossible for County staff to be expert in all of the new technologies and the offerings of the vendors in the 800 MHz field. These offerings change rapidly with existing products being replaced by newer product lines that meet the new Federal standards. Director Stanfield stated for these reasons, Staff recommends that an engineering firm be engaged to analyze the current system and to make recommendations for moving forward in the most economical and efficient way. There are independent firms that specialize in studying the public safety radio market and follow the products from multiple vendors very closely. The same engineering firm engaged to do the initial analysis could oversee the acquisition and installation of the upgraded system to ensure that the expectations of the system users are met. If proposals are solicited in November and a contract awarded in December, the impact on the overall schedule of upgrading and installing the system would be minimal. A specification for the upgrade could be completed by February along with a cost estimate to complete the work. Once an order is placed for the system, manufacturing will take approximately six months. Installation of the new equipment will take place in the following two months, providing a full-functional system by the end of 2005. Commissioner Davis asked Director Lee to clarify why another consultant needs to be hired since a consultant was hired to study the US Coast Guard Loran tower and then the KGI Wireless tower. Director Lee stated that there are two separate issues. The consultants hired thus far were to evaluate the tower structure for use as a transmitter site. The consultant that staff is requesting at this time, is to help direct staff in purchasing the proper equipment to meet the needs of the County and federal government mandates. If approved, staff will solicit a request for proposal and bring back a recommendation for contract to the Board. Chairman Greer clarified with Director Lee that new channels will need to be in place by January 2006 or the license expires and the unused channels revert back to the FCC. Vice-Chairman Boseman confirmed with Director Lee that if a consultant is hired they will look at all options, not only at the current vendor. Hearing no further discussion, Chairman Greer asked for direction from the Board. Motion : Commissioner Caster MOVED, SECONDED by Vice-Chairman Boseman, to approve the request to solicit request for proposals for telecommunications services. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF REQUEST FOR ADDITIONAL STAFFING AT THE DETENTION CENTER AND APPROVAL OF BUDGET AMENDMENT #05-0086 Sheriff Sydney A. Causey introduced Deputy Brown who has just returned from a two-year tour of duty and stated that the County has two other deputies currently serving in the armed services. Sheriff Causey reported that the current staffing level at the new Detention Center was approved in anticipation of an opening with an inmate population of 350, with the thought that two sixty-four bed-housing units would not have to be opened for a number of years. After one week of operation, the inmate population was greater than had been anticipated in the planning process. As of November 5, 2004, the population count was 464 inmates. The twelve General Housing pods presently have very few beds available, and inmate population is already at a dangerous level for both staff and inmates due to a shortage of detention staff. Current staff is showing signs of distress from the number of overtime hours required to maintain a safe work environment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 186 Due to the serious strain on the Detention staff, other divisions were requested to assist by working shifts in Detention, as well as working their regular shifts. Mandatory overtime has now been imposed to assist the Detention staff. The amount of overtime necessary, due to the Detention staff shortage, has greatly impacted the Sheriff's Office FY04-05 budget. It is anticipated that the Detention's budgeted overtime could be depleted within the first six months of the budget year. Sheriff Causey reported that Major Stevenson originally requested fifty-seven additional Detention positions. After much deliberation, the Sheriff and Major Stevenson came to an agreement to reduce the request to thirty-seven. The funding cost for the thirty-seven additional positions would be $796,231 plus $83,000 for equipment for the remainder of FY04-05. The cost of the additional thirty-seven positions for FY05-06 would be $1.6 million, equivalent to almost 1 cent on the tax rate at the current value of a penny. Commissioner Davis asked Sheriff Causey how many of the approximately five hundred inmates were currently serving their sentence. Sheriff Casey reported that 95% of the current inmates were awaiting trial and that the majority is for drug related offenses. The SBI drug lab is currently running eight to twelve months behind on testing which is causing inmates to be held for a longer period of time before sentencing. Commissioner Davis stated that he would prefer the state take the necessary steps to assure that drug testing is completed in a more efficient manner, which in turn will allow inmates to reach the sentencing phase in a timelier manner. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve the request for thirty- seven additional positions for the new Detention Center due to greater than anticipated inmate population, and to approve related budget amendment #05-0086 for funding the requested thirty-seven positions and the required equipment from General Fund/Fund Balance. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Davis voted in opposition. Budget Amendment #05-0086-County Commissioners/Sheriff AdjustmentDebitCredit General Fund: County Commissioners: Appropriated Fund Balance$879,231 Sheriff/Detention: Salaries and Wages$596,026 Social Security Taxes$45,584 Retirement - 401K$9,482 Medical Insurance Expense$114,330 LT Disability Insurance$1,665 Retirement - Local Government Employee$29,144 Radios$9,900 Uniforms$73,100 Explanation: To budget thirty-seven new positions for the new Detention Center as follows: Eleven Deputies, twenty-five Detention Officers, and one Administrative Support Technician due to a greater than anticipated inmate population. With the approval of this Budget Amendment the amount of Fund Balance appropriated in FY 04-05 will be $9,622,579. BREAK: Chairman Greer called for a break at 10:50 a.m. CONSIDERATION OF SEPARATING THE JUVENILE CRIME PREVENTION COUNCIL AND CRIMINAL JUSTICE PARTNERSHIP PROGRAM BOARDS Assistant County Manager Pat Melvin reported that currently the Juvenile Crime Prevention Council (JCPC) and Criminal Justice Partnership Board (CJPB) are combined, and meet and work as one Board. Historically, they have met and worked as one Board as a matter of efficiency because many of the memberships required by the general statues for JCPC were also required for CJPB. At the Board meeting on October 15, 2004, the combined Board considered the issue of maintaining two separate boards with separate meetings to enhance opportunities for advocacy. The combined Board voted to request that the Board of County Commissioners consider appointing members to two separate boards. Assistant County Manager Melvin stated that she would provide a listing of the vacancies to complete the required makeup of each Board. Chairman Greer requested a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the request of the combined Board to establish two separate Boards, and to appoint current members to respective Board(s) as indicated by their interest, and to direct the Clerk to the Board of Commissioners to advertise for applications to be NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 187 brought before the Board of Commissioners for appointment of additional members, as necessary to complete the required makeup of each Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION ON PROGRESS REPORT OF WAVE TRANSIT AND CONSIDERATION OF OF RESOLUTION SUPPORTING DESIGNATION OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY (AUTHORITY) AS THE GRANTEE OF FEDERAL AND STATE FUNDS AND RESOLUTION AUTHORIZING THE AUTHORITY TO LEVY A VEHICLE REGISTRATION FEE FOR LOCAL FUNDING Authority Chairwoman Christine McNamee reported that the merger between New Hanover Transportation Services and Wilmington Transit Authority created Wave Transit Authority. Wave Transit is an independent entity via Interlocal Agreement and joint resolution of the City and County, governed by an eleven member Board of Directors appointed by the County Commissioners and City Council. The Board of Directors establishes policy for Wave Transit, supervises its employees, and determines appropriate fares and routes. Services that are being provided include: •Fixed route public transportation •Specialized transportation for the disabled, blind, elderly, and low income •Downtown Trolley •UNCW Seahawk Shuttle •Out of town medical trips •Brunswick Connector •Job Access Reverse Commute (JARC) Ms. McNamee reported that progress to date includes: •Uniformity of fleet vehicles and employees •Integration of voice and data system with single phone number •Site recommendation study for new transfer/maintenance/administration facility •Expanded service offerings including evening and Sunday service and service on Shipyard Boulevard •Continued increases in ridership and passenger revenue •Created 21 full-time positions with benefits since February 2004 •Received North Carolina Advocacy Network’s Excellence in Transportation Award Ms. McNamee reported that over the past twelve months ridership has increased 44.78% and during the current fiscal year fixed route ridership is up over 48%. Changes to the UNCW Seahawk Shuttle have produced ridership increases of over 100% for the fall semester. The Authority constantly strives to increase outside sources of funding. Initiatives in progress include: •Full route restructuring based on centrally located transfer facility with service to the beaches, and the northern and southern portions of the County. •Long-term contract with UNCW for the Seahawk Shuttle. •Preparing strategy for FTA and NCDOT to provide funding assistance for the downtown multi-modal center. •Preparing RFP for single management contractor to operate the system. Ms. McNamee reported that the Wave Transit Authority requests support for designation of the Authority as Grantee of Federal Transit Administration and North Carolina Department of Transportation funds; support for a local Act by the North Carolina General Assembly authorizing the Authority to levy a five-dollar vehicle registration fee; and continued support for the annual operating assistance. Commissioner Davis clarified with Ms. McNamee that the Authority is requesting the Board to support legislation at the state level that would allow them to levy a $5 motor vehicle registration fee for two years, after that the fee can be increased to $10 and this would include the beach communities, the City of Wilmington and the unincorporated areas of the County. This fee would be separate from any other fee that the municipalities would assess. Commissioner Pritchett clarified that the City does impose a $5 vehicle registration fee that goes into their General Fund but the request before the Board is for support of a local Act by the North Carolina General Assembly which would allow the County to impose a $5 fee that would be designated for the Authority. This is one of the best opportunities to allow the Authority to plan for the future looking at the growth in the community, the aging population, and the increase in numbers of UNC-W students. Chairman Greer suggested that the Authority consider requesting the Legislature to allow school children to be transported on public buses and work jointly with the school system. Ms. McNamee responded that the FTA specifically states that exclusive school transportation is prohibited but they are looking at transporting high school students and after school activity transportation. Commissioner Pritchett reported that the Authority has had very positive talks with the school system and child care providers concerning transporting students to childcare programs and after school programs. She complimented the Authority for accomplishing so much in four months. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 188 Commissioner Caster stated his concerns on the limited use by the public and allowing the Authority to levy a vehicle registration fee on all motor vehicle owners. Hearing no further discussion, Chairman Greer called for a motion. Motion : Commissioner Pritchett MOVED, SECONDED by Chairman Greer, to adopt a resolution supporting the designation of the Cape Fear Public Transportation Authority as recipient for all federal and state funds designated for public transportation within the Wilmington MPO planning area of New Hanover County and northeastern Brunswick County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion : Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Boseman, to adopt a resolution supporting a local Act by the North Carolina General Assembly authorizing the Authority to levy a vehicle registration fee. Upon vote, the MOTION FAILED 3 TO 2. Commissioner Caster, Commissioner Davis and Chairman Greer voted in opposition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 10.2. COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Chairman Greer announced that there is a minimum of four vacancies on the Adult Care Home Community Advisory Committee. He reported that two applications have been received. He requested nominations from the Board. Commissioner Caster nominated Peggy J. Kearney and Janet H. Locklear. Vice-Chairman Boseman seconded the nomination. Hearing no further nominations, Chairman Greer declared the nominations closed. Vote : The Board voted unanimously to appoint Peggy J. Kearney and Janet H. Locklear to serve initial one-year terms on the Adult Care Home Community Advisory Committee with the terms to expire November 30, 2005. Appointments to the Water Development Task Force Chairman Greer announced that the Board needs to appoint two members from the development community, and two members from the community at-large to the newly formed Water Development Task Force. He reported that three applications from Anthony Boahn, David F. Michael and Terry F. Turner in the development community were received, and two from Whitney Prease and James W. Souders in the community at-large were received. He asked for nominations. Commissioner Davis nominated James W. Souders for a member at-large position. Commissioner Pritchett seconded the nomination. Commissioner Caster nominated Anthony Boahn for a development community position. Chairman Greer seconded the nomination. Commissioner Davis nominated Terry F. Turner for a development community position. Commissioner Caster seconded the nomination. Commissioner Davis nominated David F. Michael for a development community position. Vice-Chairman Boseman seconded the nomination. Commissioner Pritchett nominated Whitney Prease for a member at-large position. Commissioner Caster seconded the nomination. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on Anthony Boahn. Vote: The Board voted three to two to appoint Anthony Boahn as a development community member on the Water Development Task Force. Commissioner Pritchett, Commissioner Caster and Chairman Greer voted in favor. Chairman Greer called for a vote on David F. Michaels. Vote : The Board voted unanimously to appoint David F. Michaels as a development community member on the Water Development Task Force. Chairman Greer called for a vote on Whitney Prease. Vote : The Board voted unanimously to appoint Whitney Prease as an at-large member on the Water Development Task Force. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 189 Chairman Greer called for a vote on James W. Souders. Vote : The Board voted three to two to appoint James W. Souders as an at-large member on the Water Development Task Force. Commissioner Davis, Commissioner Pritchett, and Vice-Chairman Boseman voted in favor. Chairman Greer called for a vote on Terry F. Turner. Vote : The Board voted unanimously to appoint Terry F. Turner as a development community member on the Water Development Task Force. Chairman Greer announced that Anthony Boahn and James W. Souders each received three votes. Chairman Greer called for a second vote on Anthony Boahn. Vote : The Board voted two to three to appoint Anthony Boahn as an at-large member on the Water Development Task Force. Commissioner Caster and Chairman Greer voted in favor. Chairman Greer called for a second vote on James W. Souders. Vote : The Board voted three to two to appoint James W. Souders as an at-large member on the Water Development Task Force. Commissioner Davis, Commissioner Pritchett, and Vice-Chairman Boseman voted in favor. Appointments to the Zoning Board of Adjustment Chairman Greer announced that three vacancies needed to be filled on the Zoning Board of Adjustment. He reported that seven applications were received with applicant, Myron Furman, desiring to be reappointed. Applicant Charlton L. Allen, now serving as an alternate, desires appointment as a regular member. Chairman Greer requested nominations from the Board. Commissioner Davis nominated Myron Furman to be reappointed as a regular member. Commissioner Pritchett seconded the nomination. Commissioner Pritchett nominated Brian C. Eckel to be a regular member. Commissioner Caster seconded the nomination. Commissioner Caster nominated Charlton L. Allen to be reappointed as an alternate member. Chairman Greer seconded the nomination. Vice-Chairman Boseman nominated Tim Fuller for an alternate member position. Commissioner Caster seconded the nomination. Hearing no further nominations, Chairman Greer declared the nominations closed. Chairman Greer called for a vote on Brian C. Eckel. Vote : The Board voted unanimously to appoint Brian C. Eckel to serve a 3-year term on the Zoning Board of Adjustment as a regular member with the term to expire December 1, 2007. Chairman Greer called for a vote on Myron Furman. Vote : The Board voted unanimously to reappoint Myron Furman to serve a 3-year term on the Zoning Board of Adjustment with the term to expire December 1, 2007. Chairman Greer called for a vote on Charlton L. Allen. Vote : The Board voted 4 to 1 to reappoint Charlton L. Allen to serve a 3-year term on the Zoning Board of Adjustment as an alternate member with the term to expire December 1, 2007. Vice-Chairman Boseman voted in opposition. Chairman Greer called for a vote on Tim Fuller. Vote : The Board voted unanimously to appoint Tim Fuller to serve a 3-year term on the Zoning Board of Adjustment as an alternate member with the term to expire December 1, 2007. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 12:05 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 12:10 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 190 ADDITIONAL ITEMS Items Presented by Commissioner Caster Commissioner Caster reported on the following items: •The Tidal Creeks Watershed Management Advisory Board is meeting on December 3, 2004, and is planning to bring a recommendation for a new committee to the Board’s December 20 th meeting. •He attended the RC&D annual meeting in Bladen County. At the meeting the Executive Director Marilyn Mears announced that the Corps of Engineers would begin a study on Snow’s Cut Bridge. The RC&D is planning ways to obtain additional funding for a more comprehensive study. •He attended the Department of Social Services Board meeting and the United Way Board meeting. Items Presented by Commissioner Pritchett Commissioner Pritchett reported on the following items: •Keep America Beautiful Coordinator Jennifer O’Keefe is delivering five thousand flower bulbs to New Hanover County schools to be planted on schools grounds. These bulbs were received free of charge in affiliation with the North Carolina Keep America Beautiful program. •She attended the NHRMC Foundation breakfast. Dick McGraw was the speaker. •She worked the Household Hazardous Waste Collection Day. •She spoke at the ribbon cutting ceremony for the Spay and Neuter Clinic at the Animal Control Center. •She attended the Cape Fear Museum Volunteer Award ceremony. •She attended the Sister City International reception for the city of Dandong China. •She attended the Child Watch meeting where the program was on dealing with the issue of bullying. •She attended UNC-W College Days and had the opportunity to attend four lectures. Item Presented by Commissioner Davis Commissioner Davis reported that Jim Lanier would serve as Airlie Gardens Interim Director and by the end of March a Director should be in place. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. LUNCH BREAK Chairman Greer called for a lunch break at 12:20 p.m. to 1:00 p.m. CLOSED SESSION Chairman Greer announced a Closed Session was needed to consult with the County Attorney regarding potential litigation as authorized by G.S. 143-318.11(a)(3). Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, pursuant to N.C.G.S. 143- 318.11(a)(3), to convene to Closed Session to consult with the County Attorney regarding potential litigation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 1:00 p.m. CONVENE TO REGULAR SESSION Chairman Greer reconvened to the Regular Session at 1:50 p.m. Chairman Greer reported that the County has reached an agreement with J.M. Thompson for closeout of the Jail Project. A change order with associated budget amendment approval in the amount of $1,670,000 will reflect final payment. Payment is contingent upon the County staff ascertaining that all required closeout documents are in hand. Original Jail Project Budget$ 47,244,000 Change Orders 3,837,206 Final Budget After Change Orders$ 51,081,206 Unused Funds in Capital Project ( 1,219,206) Paid by Architect ( 400,000) Withheld from Contractor ( 548,000) Net Amount $ 48,914,000 Original Budget($ 47,244,000) Additional Funds Required (Fund Balance) $ 1,670,000 Chairman Greer asked for a motion for approval of the proposed change order and capital project budget amendment, subject to the County’s staff’s verification of close out documents. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 22, 2004 PAGE 191 Motion : Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the proposed change order with associated budget amendment in the amount of $1,670,000 to J.M. Thompson for closeout of the Jail Project. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Davis voted in opposition. Budget Amendment #2005-25 – Jail Project/ Commissioners AmendmentDebitCredit Commissioners: Appropriated Fund Balance$1,670,000 Transfer to Other Funds: Transfer to Capital Projects$1,670,000 Jail Project: Transfer in from Capital Projects$158,274 Sales Tax Refund$190,235 Installment Loan Proceeds$548,624 Interest on Investments$322,073 Transfer in from General Fund$1,670,000 Reimbursement from Freeman-White$400,000 Capital Project Expense$3,289,206 Explanation: To adjust budget to close out the Jail Capital Project. ADJOURNMENT There being no further business, Chairman Greer adjourned the meeting at 1:55 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board