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1997-10-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 161 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 20, 1997, at 9:00 AM. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Vice-Chairman William A Caster; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Howell led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that time had been reserved to allow anyone from the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Consent Agenda Items 5, 8, and 9 for further discussion. Vice-Chairman Caster requested the Clerk to Board to correct the operating expense figure on Page 130 of the minutes prepared for the October 6, 1997, Work Session held with the Medical Center Board of Trustees. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to remove Consent Agenda Items 5, 8, 9, approve the minutes of the Work Session held on September 22, 1997 as presented, approve the minutes of the Work Session held on October 2, 1997 with a correction to Page 130, and approve the remaining items on the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Work Sessions of September 22, 1997 as presented by the Clerk to the Board and the minutes of October 2, 1997 with a correction to the figure on Page 130. Approval of Change Order to Contract #98-0047 with Specialized Marine, Inc. For Cleaning the Landfill Lagoon The Commissioners approved a change order and the associated budget amendment in the amount of $39,500 to Contract #98-0047 with Specialized Marine, Inc. to clean the lagoon at the New Hanover County Landfill. The Chairman was authorized to execute the necessary documents. A copy of the change order is on file in the Legal Department Budget Amendment #98-0050 - Environmental Management Debit Credit Environmental Management Appropriated Fund Balance $39,500 Contracted Services $39,500 Purpose: To appropriate Environmental Management fund balance for additional cost to clean the lagoon under Contract #98-0047. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 162 Adoption of Resolution to Add Roads in Middle Point. Section 1 to the N. C. State Highway System The Commissioners adopted a resolution to add the following roads in Middle Point, Section 1 to the State Highway System: Harlandale Drive Tillson Court Denly Court A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 8. Acceptance of Tax Collection Reports Through September 30,1997 for New Hanover County and the New Hanover County Fire District The Commissioners accepted the following Tax Collection Reports through September 30, 1997 as submitted by the Collector of Revenue, Patricia J. Raynor: New Hanover County New Hanover County Fire District Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 8. Tax Department - Release of Value The Commissioners granted Senior Citizen/Disability Exclusion to the following taxpayers. Applications and letters explaining the late filings are available in the Tax Department upon request. Beauregard, Richard Bohannon, Mary Estelle Bostic, Sylvia Lewis Bowen, Sandra Buher, Mary W. Gray, Rosella J. McClain, Evelyn T. Merritt, Curtis Leo Sf. Pfaff, Lauretta A Kannady, Dora Mae Ponder, Edna K. Talley, John B. Taylor, Rebecca S. T odd, Mary Louise Hart Williams, Chester M. Mrs. $ 20,000 7,180 20,000 20,000 20,000 20,000 16,931 5,590 20,000 20,000 20,000 20,000 20,000 20,000 20,000 The Commissioners approved a delinquent application for exemption from the property tax for the following organization. The application and letter explaining the late filing are available in the Tax Department upon request. Wooten Oil Company - K wik Mart # 14 Wooten Oil Company - K wik Mart # 15 B0860K280 B0860K281 Authorization for the Wilmington Health Access for Teens to Submit an Adolescent Pregnancy Prevention Grant Application to the State The Commissioners authorized the Wilmington Health Access for Teens to submit an Adolescent Pregnancy Prevention grant to the N. C. Department of Health and Human Resources. Funds will be used to provide a Health Educator and implement a program to work with the schools and Girls, Inc. to prevent teen pregnancy. Ifawarded, the grant will be in the amount of$75,000 for the first year and gradually decline over a five-year period. No County funds are required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 163 Approval of Budget Amendment # 98-15 - Federal Forfeited Property - Sheriff's Department The Commissioners approved the following budget amendment: 98-15 - Federal Forfeited Property Capital Project - Sheriff's Department Debit Credit Federal Forfeited Property Capital Project Federal Forfeited Property $1,698 Capital Project Expense $1,698 Purpose: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #98-0040 - CRIMS Upgrade - Sheriff's Department The Commissioners approved the following budget amendment: Debit Credit Sheriff-CRIMS Upgrade Federal Grant Transfer in (Federal Forfeited Property) $64,275 388 Maintenance & Repair - Equipment Supplies Capital Outlay $ 2,903 14,323 68,862 Commissioners Appropriate Fund Balance $21,425 Purpose: To rollover unexpected grant funds from FY 1996-97 to FY 1997-98. Last year, $21,425 was funded from Federal Forfeited Property funds and reverted back to the general fund at the end of the year since no expenditures were made during 96/97. Approval of Budget Amendment #98-0042 - Cooperative Extension The Commissioners approved the following budget amendment: Debit Credit Cooperative Extension NCSU Grant $2,885 Salaries FICA 1,710 85 Contracted Services Supplies Travel and Training $1,675 1,703 1,302 Purpose: To increase budget for additional revenue received from NCSU and to adjust line items to accurately reflect anticipated final expenditures. Approval of Budget Amendment #98-0048 - Commissioners/Cape Fear Community College The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 164 #98-0048 - Commissioners Debit Credit Commissioners Appropriate Fund Balance $350,000 Cape Fear Community College Contributions to other agencies $350,000 Purpose: To increase the budget to purchase the Perry Brothers Tire Building for Cape Fear Community College as approved by the Commissioners on October 6, 1997. Cape Fear Community College is to reimburse the County for the purchase. Approval of Three New Deputy Sheriff Positions and Associated Budget Amendment #98- 0052 for Additional Coverage by Deputies at the Southeastern Mental Health Crisis Center The Commissioners approved three (3) new Deputy Sheriff positions and approved the associated budget amendment to provide 24 hour/365 day coverage at the Southeastern Mental Health Crisis Center. Funding for the positions will be provided by the Southeastern Mental Health Center. Budget Amendment #98-0052 - Sheriff's Department/Jail Debit Credit Sheriff's Department/Jail Southeastern Mental Health $65,254 Salary and Wages FICA Retirement Retirement (401K) Medical Insurance Long Term Disability $52,131 3,558 581 2,326 6,552 106 APPROVAL OF CONSENT AGENDA ITEM 5, RECLASSIFICATIONS AND UPGRADES FOR SELECTED POSITIONS IN THE INSPECTIONS DEPARTMENT Chairman Greer requested a figure on the amount of funds that will be required to reclassify and upgrade the positions in the Inspections Department. He commented on funding being available in the current budget and asked how these reclassifications and upgrades would impact future budgets? Director of Human Resources, Andre' Mallette, responded that fees collected in the Inspections Department would fund the reclassifications and upgrades annually. County Manager O'Neal reported that staff would be glad to provide the actual figures; however, the fees collected will cover the cost of the reclassifications and upgrades. He stated when an inspector is hired the new employee is required to sign a form stating that if building activities decrease, the position could be eliminated. Commissioner Birzenieks asked if the positions were being reclassified because of more job responsibilities, or because of a need to increase salaries to remain competitive in the job market? County Manager O'Neal responded the salary range needed to be upgraded to remain competitive in the job market. He advised that a comprehensive salary survey of all positions needed to be performed within the next budget year because salaries had not been reviewed for six years. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the reclassifications and upgrades of selected positions in the Inspections Department. Upon vote, the MOTION CARRIED AS FOLLOWS: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 165 Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Caster Voting Nay: Chairman Greer The following reclassifications and upgrades were approved: · Reclassification of all building trades inspectors (building, electrical, mechanical and plumbing) to Code Enforcement Official I, Code Enforcement Official II, or Code Enforcement Official III. · Attach pay grades to each Code Enforcement Official level to recruit and retain building trades inspectors. · Reclassify the Building, Mechanical, Electrical, Plumbing and Code Administration Services Division Chiefs to Chief Code Enforcement Official. There would be no upgrade for those positions. · Reclassify/upgrade the Senior Building Inspector and the Electrical, Mechanical and Plumbing Division Assistant Chiefs to Assistant Chief Code Enforcement Official at Pay Grade 120. · Reclassify the current Plans Reviewer position to Code Enforcement Official III at Pay Grade 119. · Reclassify the Administrative Assistant III position in code administration services to Assistant Chief of Code Administration Services with the pay grade to remain unchanged. APPROVAL OF CONSENT AGENDA ITEM 8, ACCEPTANCE OF PARTNERSHIP FOR CHILDREN (SMART START) GRANT AND APPROVAL OF BUDGET AMENDMENTS #98-0046 and #98-0047 Chairman Greer informed the Board that the positions being requested were to be funded by the Smart Start grant. The County Manager has recommended accepting the grant contingent upon the positions being terminated if the funding is discontinued. He requested the Board to include this recommendation in the motion. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster to accept the Partnership for Children (Smart Start) grant in the amount of$76,569, approve a Licensed Practical Nurse II position at a salary of $21,757 and Medical Office Assistant at a salary of $19,698 contingent upon the positions being eliminated if the funding is discontinued, and approve the associated budget amendments. Upon vote, the MOTION CARRIED UNANIMOUSLY. #98-0046 - PFC- Preventive Health for Day Cares Debit Credit Health PFC Grant - Day Cares Salaries FICA Retirement Medical Insurance Disability Contract Services Telephone Printing Repair & Maintenance-Equip Dues $56,326 $42,000 3,300 2,300 4,100 100 70 250 400 100 106 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 166 (Budget Amendment #98-0046 continued) Debit Credit Supplies Auto Reimbursement Uniforms Travel, Training Equipment 1,600 $ 1,000 800 200 2,000 Purpose: To increase the budget to the amount awarded to the Health Department for FY1997-98 for a grant from Partnership for Children-Preventive Health for Day Cares. The application was approved at the April 21, 1997 meeting. #98-0047 - New Hanover County Health Department Debit Credit Health PFC Grant-Health Check $20,243 Salaries FICA Retirement Medical Insurance Disability Contracted Services Telephone Printing Supplies Auto Reimbursement Uniforms Travel, Training $12,400 950 75 2,550 25 443 300 300 1,400 1,100 400 300 Purpose: To establish budget for Partnership For Children grant awarded to the Health Department for Health Check. The application was approved at the April 21, 1997 meeting. APPROVAL OF CONSENT AGENDA ITEM 9, ADOPTION OF RESOLUTION TO TRANSFER JOINTLY OWNED CITY/COUNTY PROPERTY LOCATED AT 818 SOUTH 7TH STREET TO CAPE FEAR HABITAT FOR HUMANITY (CFHH) Chairman Greer commented on the manner in which this item was listed on the Consent Agenda and asked how many lots were being transferred to Cape Fear Habitat for Humanity? County Manager O'Neal responded that only one lot was being transferred. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster to adopt a resolution to authorize a no cost transfer of a lot located at 818 South 7th Street (Parcel Number 054-09-026- 019.000) to Cape Fear Habitat for Humanity for the construction of a single family owner-occupied resident. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 8. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager 0 'Neal requested the following employees to step forward to receive service awards: Name Emily V. Mack, Finance Department Winfred Simpson, Property Management Department Joan CoCo, New Hanover County Library Years of Service 25 25 25 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 167 Chairman Greer, on behalf of the Board, presented service awards and expressed appreciation to each employee for their dedicated years of service to New Hanover County. CONSIDERA TION OF PURCHASING THE HANNAFORD BUILDING LOCATED IN THE LANDFALL SHOPPING CENTER AND THE BELLSOUTH BUILDING LOCATED ON SHIPYARD BOULEVARD County Manager O'Neal advised that discussion was held on October 6, 1997, about the purchase of the Hannaford Building located in the Landfall Shopping Center on Military Cut-Off Road to be used as the Northeast Branch Library. At that meeting, he was authorized to contact Hannaford Brothers, Inc. to negotiate a price for purchase of the property. After several discussions with the company, the purchase price remains at $3,000,000. Hannaford listed the property at $3,700,000 and feels the reduced figure is a fair price. The following cost breakdown was presented: Price of Hannaford Property Less Private Donations Less Sale of County Owned Property on Military Cut-Off Rd. Total Cost without renovations $3,000,000 (1,000,000) ( 500,000) $1,500,000 The 40,000 square foot building will be divided with 20,000 square feet used for the branch library, 4,500 square feet for the provision ofa community meeting room, and 7,000 square feet for office space. The County has been contacted by a party interested in renting the remaining space. If the space is rented, the revenue collected will offset a portion of the debt service for the property. In closing, County Manager O'Neal advised that after a review of the estimated $60 per square foot for renovations, stafffeels this figure should be reduced to $45 per square foot. He stated that Hannaford, Brothers Inc.was interested in selling the property to the County for use as library space. Chairman Greer inquired as to why the renovation cost was not included in the figures presented? County Manager O'Neal advised the party interested in renting the additional space would make the necessary renovations; therefore, a figure for renovations cannot be determined until further negotiations have occurred. Commissioner Birzenieks inquired as to whether any county functions could utilize the vacant space? County Manager O'Neal responded there were no county functions that could be placed in the building; however, general discussion has been held with the City Manager's office about leasing some of the space for a satellite office once annexation occurs in this part of the county. Commissioner Howell asked if statistics were available to support a library of this size in this section of the county? Library Director, David Paynter, advised that several years ago the Library Advisory Board determined this section of the county would experience tremendous growth and the Military Cut -Off Road corridor was selected as the ideal site for a branch library. In 1990, the Military Cut-Off Road property was acquired; however, the opportunity has arisen to purchase the Hannaford property which has better egress and ingress than the county-owned site. The trend for metropolitan areas has been to construct larger branch library facilities. Cumberland County has three new branch libraries that are more than 20,000 square feet. The main Library does not serve many residents from Figure 8 Island, Ogden or the Middle Sound area because of distance. In closing, Director Paynter reported the Library Advisory Board has focused on locating appropriate sites for branch libraries during the past seven years. With the purchase of the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 168 NorthChase property, Military Cut-Off Road property, Myrtle Grove Branch Library, and Carolina Beach Library, the county will be well covered in the provision of library services. The Library Advisory Board will not be asking for branch library sites any time soon. Commissioner Davis stated if the purchase price is $3,000,000 with a $45 per square foot renovation cost of$900,000, and an additional cost of$800,000 for equipment and books, the total cost will be $4,700,000. He spoke in favor of a branch library in this area, but questioned whether a branch library could be constructed for less than $4,700,000 on the site owned by the county on Military Cut-Off Road. After discussion with businessmen and other people throughout the county, the Board must consider the expense of the building. If the County constructed a 20,000 square foot building at $125 per square foot, the cost would be $2,500,000. If the neighborhood group would be willing to raise $1,000,000 in private donations, the cost would be reduced to $1,500,000 which would be a significant savings to the taxpayers. Library Director Paynter explained that the Northeast Library Action Committee was formed because of an interest in acquiring the Hannaford Building; therefore, it would be unlikely that the committee would be interested in raising money for the county-owned site. Commissioner Davis inquired as to the distance between the county-owned site from the Hannaford Building? Library Director Paynter responded approximately one-half mile. Commissioner Davis stated he was disappointed that Hannaford did not reduce the $3,000,000 price. County Manager O'Neal responded discussion was held with Hannaford about allowing the company to retain approximately three- fourths of an acre to reduce the cost of the building; however, after further discussion, it was decided this option would not be of mutual benefit to either party. Chairman Greer requested the Board to decide if the Hannaford property should be purchased, and he recommended that no specific amount of space be decided for the branch library until lease negotiations have been completed. Motion: Commissioner Birzenieks MOVED, SECONDED by Chairman Greer to acquire the Hannaford property for $3,000,000 contingent upon a satisfactory environmental assessment and approval of Certificates of Participation financing. The floor was opened for discussion. Vice-Chairman Caster asked the following questions: 1. What will happen if the $1,000,000 is not raised from the private sector? 2. What will happen if the Board decides the library space should be only 10,000 square feet? Would the citizens being willing to raise $1,000,000 for that amount of space? 3. What will happen if the county-owned property on Military Cut-Off Road cannot be sold? County Manager O'Neal responded if the $1,000,000 was not raised from the private sector, the County would have to absorb the shortfall. If the branch library should be 10,000 square feet, which is unlikely because more space is needed, the group would probably still be interested in raising the private donations. Since an inquiry has already been received about the purchase of the county-owned site on Military Cut-Off Road, staff feels there will be no problem with selling the property. Vice-Chairman Caster expressed concern for purchasing a building with left over square footage to provide space for a branch library, which in his opinion, was like being in the real estate business. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 169 County Manager O'Neal responded he felt the additional space was positive because it will be needed for future growth that will occur in this area of the county. Commissioner Howell agreed and stated with the population projections for this area, the entire building will be needed for library space in the future. Chairman Greer called for a VOTE ON THE MOTION. Upon vote, the MOTION to purchase the Hannaford property CARRIED AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Howell Vice-Chairman Caster Chairman Greer Voting Nay: Commissioner Davis Discussion followed on the acquisition of the BellSouth Building located on Shipyard Boulevard. County Manager 0 'Neal advised at the October 6, 1997, meeting of the Board of County Commissioners, he was directed to meet with representatives from DARE to see if space could be found in the downtown area to address immediate space needs for the Clerk of Courts, Judicial System, Register of Deeds, Elections, and the Inspections Department. He was also directed to prepare an update on the 1991 Space Study prepared by BMS Architects. The recommendation received from DARE was to use the third floor of the downtown Library to serve as a one-stop center for services rendered by the Inspections Department. This proposal was included in the 1991 Space Study performed by BMS Architects; however, Staff believes this is no longer a viable option because of future growth in space needs by the main Library. Also, Staff feels there is an incompatibility of functions between library services and the "one-stop" permitting center. Acquisition of the BellSouth Building on Shipyard Boulevard would address the following needs: 1. Adequate parking for the public and employees using the building. 2. Flexible arrangement of space to meet short-term and long-term space needs. 3. BellSouth has committed to leasing one floor of the building under a five-year lease with renewable options. This would significantly reduce debt service costs. County Manager O'Neal emphasized the importance of everyone understanding that if the building is not purchased, additional space will have to be found whether located in the downtown area or at some other location. Mr. Bruce Bowman, an architect with BMS, presented an update on the 1991 Space Study. He reported after a complete review of available space, it would not be feasible or practical to make the following changes because of cost: (1) Move Inspections, Planning and Engineering to the third floor of the main Library. (2) Move judicial archives storage to the basement of the main Library. (3) Renovate the old jail (5th floor of Judicial Building) to house Juvenile Services. ( 4) Construct judicial link building over Fourth Street connecting the Law Enforcement Center. (5) Construct a Law Enforcement Annex at Eighth and Market Streets. Since the 1991 study, additional space is needed in the following offices: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 170 Additional Area Needed . District Attorney Clerk of Courts Court space and administrative areas Juvenile Services Register of Deeds Elections 500 sq. ft. 1,500 sq. ft. 500 sq. ft. plus courtroom 1,100 sq. ft. 3,700 sq. ft. 1,000 sq. ft. . . . . . · Law Enforcement Center: (a) Current capacity of Jail is 209, experiencing 350 (b) Jail support services inadequate; kitchen receiving, etc, · Public access and parking to the Planning Department and Inspections Department for permitting services are less than desired. The following solutions were presented: (1) Relocate the Planning and Inspections Department from the Annex Building to another location. Reorganize the layout to improve public service and provide adequate parking. (2) Move non-court related spaces out of the Judicial Building. Move Juvenile Services, including the Guardian Ad Litem from Barristers Row, the Register of Deeds, and Vice- Narcotics/Organized Crime Section from the building. (3) Expand court related spaces to those vacated in the Judicial Building to the District Attorney, Clerk of Courts, and court space/administrative areas. (4) Move non-jail related spaces out of the Law Enforcement Center such as the Detectives Division to a nearby location, Emergency Management, and Emergency Operations Center. (5) Upgrade service/support area at the Jail. (6) Reduce the number of people awaiting trail by adding courtroom and/or adding electronic courtroom capability. (7) Increase jail capacity if still necessary. These recommendations could be implemented in stages: STAGE I: -Acquire and upfit 20,000 sq. ft. at BellSouth Shipyard location. -Move Planning and Inspections Departments from the Annex Building to BellSouth Shipyard location. -Move and enlarge Emergency Management and EOC to BellSouth Shipyard location. -Move and enlarge Vice/Narcotics/Organized Crime Section to BellSouth Fourth Street location. -Move and enlarge Detectives Section from Law Enforcement Center to BellSouth Fourth Street location. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 171 STAGE II -Move and enlarge Juvenile Services and Guardian Ad Litem to Annex Building. -Move and enlarge Register of Deeds to annex location. STAGE III -Expand Law Enforcement Center services/support. -Expand District Attorney and Clerk of Courts to old Vice space in Judicial Building on the first floor. -Add courtroom with electronic capabilities in former Juvenile area located on the 5th floor ofthe Judicial Building. Add teleconference space to the Jail and link to the Judicial Building. -Expand Judges and Administrative space on the 5th floor of the Judicial Building STAGE IV -Expand bed capacity at Jail as necessary. Chairman Greer expressed appreciation to Mr. Bowman for the report. He asked if the Commissioners had any questions. Commissioner Davis requested an explanation of why renovation costs for the BellSouth Shipyard Building had decreased from $1,000,000 to $500,000. County Manager O'Neal responded the Inspections Director, Jay Graham, who is a licensed architect, reviewed the space and calculated a renovation cost of $50 per square foot. He advised the $500,000 renovation cost would be financed through Certificates of Participation financing for purchase of the building. Vice-Chairman Caster objected to receiving the update on the space study and alternatives at the beginning of the meeting. He stated it was difficult to absorb this amount of information and render a decision without adequate time to thoroughly study the options presented. Commissioner Birzenieks reported he had toured the Judicial Building, Courthouse, Annex Building and BellSouth Building. After seeing the crowded conditions in the courts, he was distressed at the working conditions and felt space must be provided as soon as possible. However, he felt more time was needed to compare the alternatives presented by DARE versus the purchase of the BellSouth Building. He asked the County Manager what option would be the most cost effective? County Manager O'Neal reported that DARE had proposed the following alternatives in the downtown area other than use of the third floor in the Library building: · Use of former Efird and Warwick Buildings on North Front Street could be made available for sale or lease at a favorable price with the potential for leasing back some of the space to current tenants. · The County should consider building on the site at the corner of Third and Market Streets. The structure would have to contain a tri-Ievel parking deck with a building constructed above the parking deck. · A new construction possibility exists at the corner of Second and Princess Streets where a planned development project could be adapted to a "build-to-suit" for the county. A proposed new parking structure in this block could provide for parking needs. · Expansion of the County's existing Administration Building by adding a parking deck built NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 172 jointly with the City and demolishing or rebuilding the Annex Building as proposed in the 1991 Space Study. · The City of Wilmington has indicated that 8,000 to 12,000 square feet could be made available in the former BB&T building just recently purchased by the City at the corner of Third and Chestnut Streets. It is assumed the space would be leased to serve as interim space while other options were explored. County Manager O'Neal advised the alternative options submitted by DARE were quite expensive. From an economic perspective, the BellSouth Building was quality office space at an excellent price in an accessible location. This option would be the least costly way to resolve immediate space needs. Commissioner Davis complimented the County Manager for the efforts given to find space; however, many people are concerned about moving government offices from downtown. He stated every avenue should be exhausted to keep the government offices in the downtown area. County Manager O'Neal reported that only 87 employees would be moved from the downtown offices. A majority of these employees report in during the morning and leave to go in the field until late afternoon. Also, permitting services do not generate the type of clients that would go shopping after leaving the Inspections Department; therefore, the economic impact should not be significant. In closing, County Manager O'Neal stated the County will not receive another opportunity to purchase a quality building with ample parking to accommodate permitting services. The price is excellent and the commitment by BellSouth to lease a portion of the building for five years with renewable options will help to defray the debt service. He advised that BellSouth has requested closure of the purchase by December 31, 1997; therefore, the Board must render a decision in order to comply to Certificates of Participation financing deadlines. Commissioner Howell spoke in support of purchasing the BellSouth Building and stated it would address immediate space needs. Commissioner Birzenieks expressed concern about the lack of space for the court system. He advised that two Assistant District Attorneys were sharing one desk and several closets were being used for offices. He stressed the importance of relieving this shortage of space as soon as possible. Chairman Greer requested the Board to decide if the BellSouth Building on Shipyard Boulevard should be purchased. He spoke on the need to decrease government instead of increase government and stated the Commissioners have just purchased the third floor of the BellSouth Building on Fourth Street and the Hannaford Building which has 20,000 square feet of additional space. With the proposed annexation by the City and the passage of the school and community college bond issues, the County will have to increase the tax rate; therefore, he could not recommend purchasing another building at this time. Hopefully, the additional space in the Hannaford Building and third floor of the BellSouth Building will resolve some of the immediate space needs. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to purchase the BellSouth Building on Shipyard Boulevard at the negotiated price of$3, 000, 000 for the purposes recommended by the County Manager. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Birzenieks Commissioner Howell Voting Nay: Commissioner Davis Vice-Chairman Caster NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 173 Chairman Greer Vice-Chairman Caster referenced the purchase of the Hannaford Building and stated, for the record, if donations are not received in the amount of $1,000,000 and the county-owned site on Military Cut-Off Road is not sold for $500,000, he could not support any additional County funding for the project. PUBLIC HEARING TO CONSIDER A SITE PLAN REVISION REQUESTED BY STOVALL-BELMONT FOR THE OLEANDER BUSINESS CENTER (Z-400, 3/90; REVISION 10/97) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported the applicant, Harry Stovall of Stovall-Belmont Associates, proposes to revise the approved site plan for the Oleander Business Center approved by the Board of County Commissioners on May 7, 1990, to permit the construction ofa 2,960 square foot addition to the Kid's Gym. Since the revised plan would result in a decrease in the approved side yard setback, the revision must be approved by the Board of County Commissioners. The Zoning Ordinance does permit staff to grant minor revisions, but any change that results in a reduction to approved setbacks must be approved by the Commissioners. It is important to note at the time of the original approval, the adjacent property was erroneously identified as being zoned R-15 Residential. In fact it was rezoned Business B-2. Unaware of this fact, the approval incorporated a more restrictive setback, which was made part of the site plan. Chairman Greer asked if anyone would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to revise the Special Use Permit in conjunction with the CD(B-2) Conditional Use Zoning District approved on May 7, 1990. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION FOR THE CHAIRMAN TO EXECUTE THE FY 1997-98 BUDGET RESOLUTION FOR CAPE FEAR COMMUNITY COLLEGE AND AUTHORIZATION FOR THE COUNTY MANAGER TO EXECUTE THE CAPITAL IMPROVEMENT NEEDS SURVEY FOR CAPE FEAR COMMUNITY COLLEGE County Manager O'Neal reported that Cape Fear Community College has submitted its FY 1997-98 Budget Resolution for the Chairman's signature. The budget includes a contribution of $2,017,214 from the County as well as a $374,631 carry over from the FY 1996-97 budget. Every biennium, community colleges are requested to submit a Capital Improvement Needs Survey in the event the State makes a specific allocation for capital improvements. Cape Fear Community College included in its survey justification to construct a technical center to provide additional classrooms and labs for expansion of vocational and technical programs. State funding up to $3,000,000 may be available for the construction cost; however, the County must agree to provide funds for operating and maintenance costs. Also, the County Manager must sign the survey to show the County's financial commitment to the project. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to authorize the Chairman to sign the FY 1997-98 Budget Resolution as presented by Cape Fear Community College and authorize the County Manager to sign the Capital Improvement Needs Survey as submitted by Cape Fear Community College. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 174 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 8. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 11 :05 AM. until 11 :26 AM. to hold a meeting of the New Hanover County Water and Sewer District. APPROVAL OF DECLARATION OF OFFICIAL INTENT TO REIMBURSE UNDER THE REQUIREMENTS OF THE U. S. TREASURY TO PROVIDE FOR COUNTY IMPROVEMENTS Finance Director, Bruce Shell, reported the purchase of the BellSouth Building should be removed from the Declaration of Official Intent. The expenditures to be incurred will be construction of the Motts Creek, Ogden, Greenbriar, and NorthChase Interceptors; acquisition of the third floor in the BellSouth Building located on Fourth Street; Carolina Beach Road Schoo lIP ark land; the Hannaford Building located on Military Cut-Off Road to be used as a branch library; and acquisition of a scraper pan for the New Hanover County Landfill. Project costs are not to exceed $23,925,000. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adopt the Declaration of Official Intent as recommended. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Declaration of Official Intent is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 8. ADOPTION OF RESOLUTION TO SCHEDULE A PUBLIC HEARING ON NOVEMBER 3, 1997, TO CONSIDER INSTALLMENT FINANCING (CERTIFICATES OF P ARTICIP A TION) TO PROVIDE IMPROVEMENTS IN THE COUNTY Chairman Greer requested the Board to adopt a resolution to conduct a Public Hearing on November 3, 1997, on installment financing (Certifications of Participation) for improvements in New Hanover County. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to adopt a resolution to conduct a Public Hearing on November 3, 1997, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, N. C., to consider installment financing for expansion of the County Sewer System (Motts Creek, Ogden, Greenbriar, and NorthChase interceptors), acquisition of the third floor in the BellSouth Building on Fourth Street; Carolina Beach Road Schoo lIP ark land, acquisition of the Hannaford Building located on Military Cut -Off Road, and acquisition of a scraper pan for the New Hanover County Landfill. Upon vote, the MOTION CARRIED UNANIMOUSL Y. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 8. APPROVAL OF DECLARA TION OF INTENT TO REIMBURSE UNDER U. S. TREASURY REGULA TIONS TO ACQUIRE PERRY BROTHERS BUILDING ON BEHALF OF CAPE FEAR COMMUNITY COLLEGE Chairman Greer requested the Board to approve a Declaration ofIntent to acquire the Perry Brothers Building on behalf of Cape Fear Community College. Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to adopt a Declaration of Official Intent to reimburse the County for acquisition of the Perry Brothers Building on behalf of Cape Fear Community College in the amount of$350,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Declaration of Official Intent is hereby incorporated as part of the minutes and is contained in Exhibit Book XXIV, Page 8. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 175 Director of Finance, Bruce Shell, reported when meeting with the Local Government Commission all of the projects were discussed, particularly the sewer projects. He advised the Ogden and Motts Creek Interceptors were under contract with established figures; however, the Greenbriar and NorthChase projects had not been bid. When these projects are bid, the proposals received could be higher than estimated figures. The Local Government Commission has requested New Hanover County to authorize the use of funding from the Water and Sewer District fund balance to pay for any difference received in the bids. Chairman Greer commented on the impact fees collected for construction of the interceptors and asked if this revenue could be used as well as the fund balance to pay for the difference in the estimated figures for the Greenbriar and NorthChase interceptor projects? Finance Director Shell advised that revenue collected from impact fees was placed in a separate escrow account. Some of these funds could be used if it became necessary to make up any difference in the bids received. Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster to authorize the use of funds from the Water and Sewer fund balance and escrow account if the Greenbriar and NorthChase interceptor bids are higher than projected. Upon vote, the MOTION CARRIED UNANIMOUSL Y. APPROVAL OF ACCOUNTING AND TOLLING ORDER FOR FCC-1240 FOR TIME WARNER CABLE County Attorney Copley reported each cable company is required to submit a FCC-1240 form. The County's consultant needs ninety (90) days to review the figures submitted by Time Warner Cable. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Caster to approve the ninety (90) day extension for the County's consultant to review the Time Warner Cable Accounting and Tolling Order as listed on the FCC-1240 form. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 8. Discussion followed on the meeting held with Onslow and Pender counties to review problems being experienced with the quality of service being rendered by Falcon Cable. County Attorney Copley advised that Chairman Greer, Commissioner Birzenieks and she attended a meeting with other elected officials from Onslow and Pender Counties. The new manager of Falcon Cable and a technician were present. Currently, the company is focusing on correcting the problems in Pender County. It appears that Falcon Cable is trying to improve the quality of service by running new cable. Another meeting will be scheduled in February 1998 to access if improvements have been made. Vice-Chairman Caster reported on the many complaints received about the quality of service provided by Falcon Cable in New Hanover County and in surrounding counties. He stated if these problems continue and no improvements have been made by February, the Commissioners will have to decide on whether or not to terminate the franchise with Falcon Cable. County Attorney Copley advised that termination ofthe franchise could be started in February if the Board feels no improvements have been made. Thirty days official notice must be given to Falcon Cable to correct the problems. According to a consultant attending the meeting, Falcon Cable can still operate under certain conditions if the franchise is terminated. However, it appears the corporate office in Los Angles, California, has become aware of the problems, and it is hoped the quality of service will improve. She reminded the Board that if the franchise is terminated with Falcon Cable, many residents in the county will not have cable service. Time Warner has not demonstrated any interest in serving these areas because the technology and cable lines owned by Falcon Cable are in such poor condition. The Legal Department has tried to work with Falcon Cable to make the necessary repairs to provide quality service so the residents of the County can receive cable service. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 176 ADDITIONAL ITEMS Status Report on HUD Grant to be Used for Projects Related to Hurricane Hazard Mitigation and Recovery Efforts Assistant County Manager, Dave Weaver, reported that $1.8 million was available from the U. S. Department of Housing and Urban Development (HUD) for the County to use for projects related to hurricane hazard mitigation and recovery. In order for projects to be eligible, at least 50% of funding must benefit low and moderate income households. After attending a Work Session with State and HUD officials on September 22, 1997, staff has been in the process of developing project options, including drainage projects. Currently, the following approaches have been taken: (1) A proposed project is being prepared by the Town ofWrightsville Beach. (2) Examine the potential to use funds for the WilmingtonlHanby Beach sewer project. A draft contract has been prepared and circulated to the Town of Carolina Beach and Town ofKure Beach for the sewer project. Once a response is received, the contract will be submitted to the Board for final approval. (3) Several other projects may be suggested by other groups. (4) Staff will present project options to the Board on December 8, 1997. (5) Once the projects are approved by the Board, an application will be submitted to HUD. In closing, Assistant County Manager Weaver advised that funding for these types of projects would be available for at least twelve months. Vice-Chairman Caster asked ifHUD funds were used for the WilmingtonlHanby Beach sewer project, would the cost be offset? Assistant County Manager Weaver responded the cost to the residents would be reduced. He advised that staff was in the process of determining if the 50% criteria of low and moderate income households would be met in the WilmingtonlHanby Beach area. Chairman Greer expressed concern for the length of time taken to complete contracts for the project, and he urged staff to move forward with starting the project. Chairman Greer advised that his number one priority was completing the snag and drag projects for persons who need to have ditches and branches cleaned out after Hurricane Fran. He requested staff to review the list to see what projects have been completed and report to the Board on this subject when presenting the projects for the HUD funding. Emphasis was placed on the importance of cleaning out ditches even if the County has to pay for the work. Finance Director Shell stated the interlocal agreements between New Hanover County, the Town ofKure Beach, and Town of Carolina Beach were being reviewed by attorneys for the beach communities. A Kure Beach Council Member questioned a drainage issue and asked if New Hanover County would pay for correcting the drainage in the process of constructing the sewer lines. The response was that if drainage had to be corrected to place the pipe in the ground, the drainage work would be included; however, if the drainage occurred outside that area, it would become the responsibility ofKure Beach. Discussion followed on the use of funds for the beach communities. The Board concluded that all beach communities should be included in the proposed HUD projects. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 177 Discussion of Request from the City of Wilmington for New Hanover County to Participate in Purchasing Heat Pumps for the Community Arts Center Chairman Greer reported the City of Wilmington has requested the County to participate in purchasing heat pumps for the Community Arts Center. The heat pumps will cost $35,000. He requested direction from the Board. Commissioner Davis reported the Community Arts Center is currently heated with boilers. The boilers are in need of repair and the air -conditioning unit on the roof does not properly function. If the building is kept on a long-term basis, the acquisition of heat pumps would be the most economical way to provide heating and air-conditioning for the building. Once the Community Arts Committee completes its study, more information will be available on the future use of the Community Arts Center. He stated when the City Council desires for the Board to participate in funding or take action on any item, a representative from the City should appear before the Board of Commissioners to thoroughly discuss the issue. As a County Commissioner, he could not take action on the funding request when no input has been received from the City. Commissioner Davis also expressed concern for the Board of County Commissioners being requested by Mayor Betz to place two members on the Community Arts Committee to study the needs of the arts community. Apparently, the City Council became upset with Mayor Betz for making the request and as a result the persons appointed by the Commissioners as representatives for the County were not allowed to vote at the committee meetings. This type of action was not right to the members serving on the committee or to the Board of County Commissioners. In the Emergency Session held last week, the Commissioners could have adopted a resolution regarding annexation that would have further strained the relationship between the City and County; however, in good faith, the Board decided not to adopt the resolution. This was another move by the County to improve the relationship between the City and County. Commissioner Birzenieks reported on receiving calls from the two county representatives on the Community Arts Committee who were very disappointed in not being able to fully participate on the committee. In his opinion, this action was absurd, and it was difficult to understand why the members had not been treated fairly. Discussion was held on a copy of the report from the Community Arts Center. Clerk to the Board, Lucie F. Harrell, reported that Mayor Betz had delivered one copy of the report to the Chairman. Commissioner Davis requested the Clerk to see if four additional copies of the report could be provided to the Board. Chairman Greer stated he did not feel that New Hanover County had a claim on the Community Arts Center; however, if the Board feels this is an issue, proper information should be provided before rendering a decision. He stated the Commissioners need to decide if the County wants to be a major player in decisions regarding the Community Arts Center. The County Manager was requested to prepare a letter to the City Manager informing her that no action was taken on the funding request for the purchase of heat pumps. Announcement of Human Services Conference Sponsored by the National Association of Counties (NACo) County Manager O'Neal informed the Board that a Human Services Conference was being held by the National Association of Counties on November 13-15, 1997, in Tulsa, Oklahoma. A significant portion of the conference will be held on Welfare Reform. He advised that NACo conferences on human services were excellent and stated if any of the Commissioners were interested in attending, he would be glad to furnish more information on the conference. Work Sessions Scheduled for October 30, 1997 and November 13, 1997 County Manager O'Neal requested the Board to schedule a Work Session on October 30, 1997, to discuss cooperative road projects, and schedule a Work Session on November 13, 1997, to hear a presentation on the functions of the Human Services Allocation Advisory Committee. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 178 Consensus: It was the consensus of the Board to schedule a Work Session on Thursday, October 30, 1997, at 10:00 AM. to discuss cooperative road projects and schedule a Work Session on Thursday, November 13, 1997, at 10:00 AM. to discuss the functions of the Human Services Allocation Advisory Committee. APPOINTMENT OF AD HOC COMMITTEE TO STUDY WELFARE REFORM Chairman Greer reported the N. C. General Assembly enacted legislation to allow counties to have more local control on how money should be spent for the Work First Program (formerly known as AFDC). This action requires the appointment of an Ad Hoc Committee to prepare a plan for New Hanover County to administer the Work First Program. New Hanover County has stated its intent to become an electing county, and the plan must be submitted to the N. C. Department of Health and Human Services by February 1, 1998, to be considered by the N. C. General Assembly in summer of 1998. If the New Hanover County plan is selected, the County will be able to implement its own cash assistance program. Chairman Greer reported due to time constraints, the members of the Ad Hoc Committee need to be appointed as soon as possible. He referenced the list forwarded to the Commissioners comprised of persons that are eligible to serve as outlined in the legislation, and he requested the Board to appoint the members and authorize him to write a letter to see if the persons selected would be willing to serve on the committee. Consensus: After discussion, it was the consensus of the Board to appoint the five County Commissioners to serve on the Ad Hoc Committee and authorize the Chairman to write a letter to the following persons to see if they were willing to serve on the committee. The first meeting is scheduled for Thursday, November 6, 1997, at 4:00 P.M. in the Williston Auditorium of the Cape F ear Museum. List of Members Keith Elmore, Chairman, Board of Health Derrick Anderson, Chairman, Board of Social Services Thomas E. Arthur, Member, Board of Social Services Frank Hickman, Chairman, Southeastern Mental Health Board Duke Lineberry, Chairman, Board of Education Janice Cavenaugh, Member, Board of Education Michael Griggs, Executive Director of United Way (CBA representative) Tom Dodson, President, Chamber of Commerce Sheriff McQueen Sherry Bryan, Member, Cape Fear Community College Board of Directors County Manager O'Neal advised that Deputy County Manager, Andrew J. Atkinson, and Assistant to the County Manager, Patricia Melvin, would be the staff assigned to assist the Ad Hoc Committee. Chairman Greer requested the Director of Social Services, Wayne Morris, and his staff to attend the meetings to provide information. Commissioner Birzenieks requested the County Manager to notify other agencies that will be involved so they can be prepared to provide input. Discussion of Holding a Joint Meeting with the City of Wilmington to Discuss Water and Sewer Services Vice-Chairman Caster asked if a response had been received from the City Council about scheduling a joint meeting with the Council to discuss water and sewer services? Chairman Greer advised the City Council would be discussing this request on October 21, 1997. A response should be received within the next week. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 20, 1997 BOOK 26 PAGE 179 Discussion of Wilmington Housing Financing Development, Inc. Project Commissioner Birzenieks asked if Wilmington Housing Financing Development, Inc. was a City agency? County Manager O'Neal responded this agency was originally created by the City; however, the structure had been changed and the organization was a non-profit corporation involved with providing loans for housing. Commissioner Birzenieks advised the Finance Committee of the Medical Center Board of Trustees would be considering a funding request of $146,000 to serve as a local match for a worthy project to be administered by Wilmington Housing Financing Development, Inc. He commented on a City related agency asking the County for money and requested direction from the Board as to whether his support of this project would be of concern. After discussion, it was agreed that Commissioner Birzenieks should make the decision based upon the merits of the project and its relationship to the Medical Center. Open House for Myrtle Grove Volunteer Fire Department Commissioner Howell informed the Board that he attended the Myrtle Grove Volunteer Fire Department Open House in dedication of the new aerial fire truck. He stated the equipment recently purchased by the Fire Service District was truly progressive. ADJOURNMENT Chairman Greer adjourned the meeting at 12:10 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board