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1996-03-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 289 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 18, 1996, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; WilliamA. Caster; Vice-Chairman E. L. Mathews, Jr.; 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. He announced that Commissioner Sisson was absent due to a severe cold infection. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Eric Lohe, Pastor of St. Andrews Presbyterian Church, gave the invocation. Covenant Commissioner Caster led the audience ln the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He asked if anyone would like to speak, and he requested the remarks to be limited to three minutes. The following items were received: Concern for Approval of Salary Increase to the President of New Hanover Regional Medical Center Mr. Charles D. Dean, Jr., a resident of Wilmington, a taxpaying citizen, a business owner, and employer in New Hanover County, expressed concern for the morally outrageous action taken by the New Hanover Regional Medical Center Board of Trustees when approving a $27,401 raise to the President of the Hospital, Mr. Jim Hobbs, whose annual salary is approximately $200,000. Concern was expressed for this increase being given after Mr. Hobbs had been arrested and charged with a DWI while driving a hospital vehicle, and during a time when the morale of nurses and other lower-paid hospital employees is at an all-time low amid claims of unfair pay and employment practices. This action by the Hospital Board of Trustees was a serious breach of the public trust that has further eroded the faith and confidence of the public in the hospital's administration and Trustee leadership. This decision by the Trustees, which are largely appointed by the New Hanover County Board of Commissioners, appears to be inside dealing and good-old- boy politics. Mr. Dean noted that the New Hanover County Board of Commissioners was the highest elected governmental body in the County. He advised that the Board has the power to remove any Trustee for just cause; therefore, as guardians of the public trust, the Board should remove the Trustees appointed by the Commissioners who voted in favor of the increase. He stated this action would be the first step toward restoration of the public trust in government. Announcement 88. JOHN BROWN Liberty Ship To Visit Wilmington April 11-15, 1996 Mr. David M. Mitchell, a resident of New Hanover County, announced the 8.8. JOHN W. BROWN, one of the two remaining Liberty Ships still in operation, would be visiting Wilmington from April 11-15, 1996, during the Azalea Festival. He reported that 126 Liberty Ships were built in Wilmington Shipyard during World War II. The 8.8. JOHN W. BROWN will be berthed at the Coast Guard dock and will be open to the public. A cruise down the Cape Fear River is planned for Friday, April 12, 1996, which will depart at 10:00 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 290 A.M. at a cost of $50 per ticket. He encouraged the members of the Board and general public to tour the ship during its visit to Wilmington. Commissioner Barone inquired as to whether the local group had been able to obtain fuel for the event? Mr. Mitchell advised that the Project Liberty Ship group was still requesting donations of fuel and funds to sponsor the event. He explained that the project was totally dependent on private donations. Chairman Greer expressed appreciation to Mr. Mitchell for informing the board about this special event. Concern for Procurement Procedures Used in Bidding the 800 MHZ System by the Emergency Management Department Mr. Don Loftin, a citizen of New Hanover County, reported a few months ago, Mr. Dan Summers, Director of Emergency Management, appeared before the Board of County Commissioners and insisted that he be allowed to sole source and non-competitively lease the 800MHZ radio system. The purpose of leasing the system was to circumvent the law as it concerns the spending of public funds. At that meeting, Mr. Loftin stated he informed the Board that entering into a lease agreement of this type would result in the needless waste of County dollars. Now, the results are in, and based on the lease negotiated with Mr. Summer's favorite vendor, the County has squandered over $205,000. This figure is based on other bid resul ts where the vendors capable of supplying the equipment arrived at the bid table with a 34 percent discount on the equipment needed. Under the current lease, the County negotiated an 11 percent discount, and as other County Departments are placed on the system under the prices quoted in the lease, the County will squander another $267,000 with the exception of the Sheriff's Department. When the Sheriff's Department is converted, based on the quantities of units and the prices established, the County will squander another $115,000. The County has been on a wild roller coaster ride for a long time, but it is not too late to get off the ride and procure this system in a proper manner. Mr. Loftin urged the Board to implement the proper procurement procedures for securing the 800MHZ radio system and save County taxpayers at least $600,000. Chairman Greer requested an explanation from Mr. Loftin as to how the figures reported were calculated? Mr. Loftin replied that he had a copy of the signed lease which shows an 11 percent discount. All of the materials are a matter of record, and these figures were applied to other bids that have been monitored throughout the area with a minimum discount of 34 percent appearing at the bid table. Chairman Greer asked if the figures were correct, would this mean that the County could have received a 34 percent discount instead of the 11 percent discount as negotiated in the lease agreement. Mr. Loftin replied the County would have received at least a 34 percent discount on a million dollar bid. Chairman Greer expressed appreciation to Mr. Loftin for the information. Further Discussion on the Remarks Presented by Mr. Charles D. Dean, Jr., Regarding the Salary Increase for the President of New Hanover Regional Medical Center Commissioner Barone advised that she was very discouraged by the lack of action taken by the Board of County Commissioners regarding the DWI charge received by Mr. Jim Hobbs, President of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 291 New Hanover Regional Medical Center, and the recent salary increase approved by the Hospital Board of Trustees. She reported that immediately after the DWI conviction in November, 1995, she spoke with the Chairman of the Hospital Board of Trustees, Dr. Betram Williams, Jr., and he indicated that he was not sure the Trustees would take any action. Also, Mr. Hobbs spoke to her, and at that time, she recommended that he resign. Now, approximately four months later, Mr. Hobbs is given an unreasonable salary increase by the Hospital Board of Trustees when nurses and other staff members are being discharged, laid-off, and receiving a cut in hours. The appropriate action would have been for Mr. Hobbs to accept the same percentage increase as that of Staff. This action would have been good for the community and the personal reputation of Mr. Hobbs. After holding discussion with the individual members of the Board of County Commissioners, there is no consensus to move forward with a censure of the Trustees who voted for the salary increase. After discussion with the County Attorney, it was her opinion that the "for just cause" clause was not sufficient to demand the resignation of those Trustees. Commissioner Barone stated, for the record, since the Hospital Board of Trustees and the Board of County Commissioners do not plan to take action, she was requesting Mr. Phil Sharpe, who made the motion to approve the salary increase, and the other Trustees who voted for the motion to resign because of irresponsible behavior. Mr. Charles D. Dean, Jr. commented on the right of an individual Commissioner to make a motion and respectfully requested Commissioner Barone to move for the resignation of the Trustees who voted in favor of the salary increase in order to restore the public trust and confidence of the community. Motion: Commissioner Barone MOVED to request the Trustees who voted for the salary increase for the Hospital President to resign because of irresponsible behavior. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman Greer stated, for the record, he had publicly expressed opposition to the salary increase; however, he does not feel the Board of County Commissioners can force appointed persons serving on boards to resign if the Commissioners are not pleased with the manner in which a member casts a vote. He expressed appreciation to Mr. Dean for the remarks and stated if he was elected to serve as a County Commissioner he might see issues of this type from a different perspective. Mr. Dean responded that he hoped his convictions would not change when he moved into an elected position. He emphasized the fact that he was not indicating micro-management of hospital affairs, but he was responding to the outrage shown by the people living in the community. As the highest body of elected officials, the Commissioners have an obligation to step forward and rescind the appointments of the Hospital Trustees who voted for the salary lncrease. APPROVAL OF CONSENT AGENDA Chairman Greer requested removal of Consent Agenda Items 1, 3, and 6. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to remove Consent Agenda Items 1, 3, and 6 as requested by Chairman Greer and approve the remaining items on the Consent Agenda. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 292 CONSENT AGENDA Acceptance of Tax Collection Reports as of February 29, 1996 The Commissioners accepted the following Tax Collection Reports as of February 29, 1996, as submitted by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIII, Page 13. Approval of an Amendment to the New Hanover County Public Access Policy The Commissioners approved an amendment to the Fee Structure of the New Hanover County Public Access Policy to clearly define the point at which time the County will begin to charge the requester for information obtained. The following sentence was added to the Fee Structure Section: ".. .For the purposes of this policy, excessive use of resources shall be defined as one (1) hour or more of time. All charges assessed will be in accordance with the existing county rate structures..." A copy of the revised policy lS on file in the MIS Department. Adoption of Resolution to Add Subdivision to the State Highway The Commissioners adopted a Whisper Creek Subdivision to the Iris Street System resolution to State Highway in Whisper Creek add Iris Street in System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 13. ACCEPTANCE OF THE 1995-96 EEOC Grant - CONSENT AGENDA ITEM 1 Chairman Greer informed the Board that New Hanover County would receive only $16,000 of funding from the EEOC grant instead of the $35,000 as indicated on the agenda item. He advised that after discussion with the Human Relations Director, it is felt the funds will be approved and received later during the year. He asked the County Manager how this grant would be budgeted? County Manager O'Neal responded that Staff was aware of the funds that would be received because of continuing budget resolutions that are being introduced and adopted by Congress in an effort to adopt a federal budget. He advised that funds would be budgeted as received. Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone to accept the EEOC grant. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson CONSENT AGENDA ITEM 3 REMOVED FROM THE CONSENT AGENDA WITH A WORK SESSION TO BE SCHEDULED AFTER A MORNING STAFF MEETING Chairman Greer expressed concern for not understanding the direction of the Futch Creek Watershed Plan and asked if the Board was interested in adopting the resolution that will require the following actions: (1) Establishment of a community steering committee to provide assistance to the Planning Board and work in conjunction with NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 293 the Staff, UNCW, and other designated groups to complete the development of the Futch Creek Watershed Management Plan. (2) Direct the Planning Board and Staff to complete the development of the Futch Creek Watershed Plan and provide a draft for consideration by the Board of County Commissioners. (3) Direct Staff to pursue the development of an interlocal agreement with Pender County for consideration by the Board of Commissioners that will provide for the j oint planning, protection, and sustainable development of the Futch Creek Watershed. Chairman Greer advised that he thought the original plan was to find out the problems that exist in Futch Creek, which in his opinion has been done. He requested Staff to explain why this resolution was being presented. County Manager O'Neal replied that Staff was in the process of developing a plan for the long-term management of Futch Creek. He commented on the amount of information in the Futch Creek Watershed Plan and suggested removing this item from the Consent Agenda and scheduling a brief Work Session after a Staff Meeting to discuss the plan. Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone to remove Consent Agenda Item 6 and schedule a Work Session after a morning Staff Meeting to discuss the plan. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson DISCUSSION OF CONSENT AGENDA ITEM #6, PROPOSED SUBDIVISION DEVELOPMENT OF WILMINGTON HOUSING FINANCE AND DEVELOPMENT, INC. (WHFD) IN THE UNINCORPORATED COUNTY Staff Planner II, Wanda Coston, reported the WHFD Board of Directors would like to develop a subdivision, to be called Strawberry Village, in the unincorporated County which would involve the construction of 30 affordable single-family houses. The land proposed for this development does not have water, sewer, drainage, and streets. To assist with the off-site infrastructure improvements, WHFD is requesting a $227,150 loan from the County with each homeowner paying $7,572 over a 20-year period. After a review by County Staff, it was decided to consider the proposal when the County is eligible to successfully apply for Community Development Block Grant (CDBG) funds to assist in financing the infrastructure improvements. The grant funds will not be available until September 1996; however, WHFD will be eligible to apply for housing development grant monies in the amount of $250,000. As of this date, one Public Hearing has been held for WHFD to proceed with applying for the grant funds to proceed with developing the Strawberry Village subdivision. The Board was requested to consider the following options if funds are loaned to WHFD: (1) The entire loan could be repaid to the County by WHFD within 15 years instead of 20 years. (2) WHFD could limit assistance only to eligible low-and-moderate income households. (3) Loans could be limited to benefit at least eighty percent of low-and-moderate income households. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 294 (4) Repayment of the loan by the homeowner could begin in the fifth year. Discussion was held on the availability of funds in the Water and Sewer District account. Commissioner Barone inquired as to whether there was an extra $227,000 in the Sewer fund? Assistant County Manager Weaver replied the money would be removed from the Water and Sewer District fund balance because the funds were not budgeted during the current fiscal year. Removal of these funds would create a problem in performing other water and sewer projects. He stated the Board may wish to consider applying the four conditions listed above, particularly repayment of the loan within 15 years. Motion: Vice-Chairman Mathews MOVED to accept the proposal contingent upon WHFD limiting assistance only to eligible low-and- moderate income households. Commissioner Caster recommended amending the motion to requlre repayment of the loan within 15 years. Chairman Greer asked if the County dollars were limited on this project? County Manager O'Neal responded the Board could place a limit on County funding. Chairman Greer asked the County Attorney if he should be excused from voting on this matter since he serves on the WHFD Board of Directors? County Attorney Copley replied that a conflict of interest would not exist because Chairman Greer would not recelve any financial gain from approval of the project. Commissioner Barone asked why the Board should vote on this proposal until the CDBG grant was awarded to the County ln September? Staff Planner Coston responded at this time the County was not eligible to apply for CDBG grant funds in September because of the Kirkland Community proj ect. If the problems in the Kirkland Community can be resolved, and the project moves forward, the County will be eligible to apply for CDBG funds in September. Commissioner Barone stressed the importance of being able to apply for the CDBG loan in September in order for the County to be reimbursed for the $227,000 that will be removed from the Water and Sewer District fund. Concern was expressed for removing this amount of money from the Water and Sewer District without receiving interest or repayment for 15 years. She requested the motion to be amended to proceed with the project, including the options presented, with the proviso that when the County is eligible to apply for the CDBG grant monies in September, those funds will be used to reimburse the Water and Sewer District. County Manager O'Neal advised that CDBG grant funds could not be used for repayment to the Water and Sewer District fund. All CDBG grant monies must be used for a community project. Assistant County Manager, Dave Weaver, advised that a sewer line would have to be provided to the existing homes on Greenview Drive in the near future because of percolation problems. If the County approves the proposed project, the sewer line extension will be available to existing and future homes, which will generate additional revenue to the Sewer District fund. Amended Motion: Vice-Chairman Mathews AMENDED THE MOTION to accept the proposal contingent upon WHFD limiting assistance only to NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 295 eligible low-and-moderate income households with repayment of the loan by WHFD to the County wi thin 15 years. Chairman Greer SECONDED THE AMENDED MOTION. Mr. Lucas advised that WHFD could restructure repayment of the loan within 15 years. He noted that the proposed project would resolve some health problems in this area due to the lack of sewer and at the same time provide homes to eligible low and moderate income households. Chairman Greer called for a vote on the AMENDED MOTION. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson PRESENTATION OF NEW HANOVER COUNTY EMPLOYEE SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards: Name of Employee Years of Service Lafaye D. Mack, Property Management 5 Sherian A. Davis, Sheriff's Department 10 Janice F. Dailey, Inspections Department 10 Linda M. Moore, Human Relations 10 Faye B. Jacobs, Aging Services 10 Steven Rich, Property Management Department 15 John Davis, Human Relations 15 Annie L. Stalling, Register of Deeds 20 James T. Watts, Sheriff,s Department 25 Joseph McQueen, Jr., Sheriff's Department 25 Chairman Greer read and presented a resolution expressing appreciation to Deputy James "Tommy" Watts for the excellent manner in which he has served the Board of County Commissioners by attending meetings and handling difficult situations in a very professional manner. A round of applause was given to Deputy Watts. Chairman Greer, McQueen for his 25 outstanding manner in New Hanover County. McQueen. also, expressed appreciation to Sheriff Joe years of dedicated service and for the which he has administered law enforcement in A round of applause was given to Sheriff RECOGNITION OF NEW COUNTY EMPLOYEES County Manager O'Neal requested the following new employees to stand and be recognized: David Selke, Engineering Department Ellen Harrison, Health Department Katrina Robinson, Human Resources Department Faye Haywood, N. C. Cooperative Extension patricia Barnes, Register of Deeds Peggy Mack, Department of Social Services Lisa Metts, Animal Control, Health Department Chairman Greer, on behalf of the Board, welcomed the new employees to New Hanover County and wished them success in their new positions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 296 BREAK Chairman Greer called a break from 10:00 A.M. until 10:20 A.M. PRESENTATION OF FY 1994-95 ANNUAL REPORT FOR THE DEPARTMENT OF SOCIAL SERVICES Director of Social Services, Wayne Morris, reported on the accomplishments of the Department of Social Services during the past year. The following figures and comparisons were presented: Director Morris presented the following comparlsons: (1) Collection of Child Support Payments Year Number of Absent Parents Located Revenue Collected for Child Support FY 1987-88 FY 1994-95 533 1,900 $1.6 million $5.1 million (2) Decrease in Aid to Families with Dependent Children (AFDC) Program Year Averaqe Amount of AFDC Payment FY 1987-88 FY 1994-95 $255 per month $214 per month *This decrease lS due to an increase in the number of clients now working. (3) Increase in Investigated Cases of Child Abuse and Neglect Year Number of Investiqated Cases Number of Children ln DSS Custody FY 1987-88 FY 1994-95 953 1,600 156 500 *In FY 1987-88 there were only 51 foster care parents. In FY 1994-95 there are 114 foster care parents. (4) Day Care Program Year Number of Children Receivinq Monthly Day Care FY 1987-88 FY 1994-95 400 1,700 *This increase in day care has been administered without hiring additional staff because of an automated day care computer program which has provided better services and saved in administrative costs. (5) Issuance of Work Permits for Children Year Number of Work Permits Issued FY 1987-88 FY 1994-95 1,147 2,000 (6) Increase in DSS Budget: The DSS Budget increased from $40 million in FY 1987-88 to $105 million in FY 1994-95. This increase was primarily due to the number of persons being served by Medicaid doubling from FY 1987-88 to FY 1994-95. In closing, Director Morris stressed the importance of each Commissioner reading the FY 1994-95 Annual Report and understanding that these figures represent live human beings who are in need of serVlces. Most of the services rendered involve one DSS worker NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 297 working with one client. With the tremendous amount of growth ln the programs, the DSS employees have performed an excellent job ln rendering services to persons in need. Commissioner Caster requested an explanation of the difference between the Ombudsman for the Council of Governments and the Ombudsman for the Department of Social Services. Director Morris responded the Ombudsman for the Council of Governments is primarily involved with Nursing Homes, which are medical facilities. The State Law requires the Department of Social Services to supervise the rest homes and family care homes. Commissioner Caster commented on the JOBS Program and asked why the percentage of persons obtaining jobs was so low? Director Morris responded that many of the clients were still ln training until the end of the year. Also, some clients have a problem with obtaining transportation or day care services if the hours worked are in the evening. The number of clients obtaining jobs should increase because of the Work First Program to be implemented July 1, 1996. The Governor has fully implemented the program with time limits on benefits and the requirement that parents with school age children coming into the Aid to Families with Dependent Children (AFDC) Program must go to work within twelve weeks after receiving AFDC benefits. Commissioner Barone inquired as to how the Work First Program would administratively impact the Department of Social Services? Director Morris replied that administration of the Work First Program would be complex and require more tracking of the clients, which will increase the workload and involvement by the Department of Social Services. He reported the recommended FY 1996-97 Budget shows a decrease in the AFDC Program, which is good news. Commissioner Caster requested an explanation of how the day care rate is paid by the Department of Social Services. Director Morris explained there are four different types of day care programs. The Department of Social Services has to work with large centers, licensed group care homes and unregistered day care centers through the AFDC and JOBS Program. Some day care programs are paid under an established rate by the State. Other facili ties use the market rate. The department is currently reviewing the rate structure and how day care centers are being paid. Once the review is completed, there will be recommended changes. Currently, the County has a contract with the Child Advocacy Commission to perform health and safety inspections of non-registered homes to ensure a minimal level of safety. vice-Chairman Mathews commented on the informative newsletters and the FY 1994-95 Annual Report and complimented Mr. Morris and his Staff for an excellent job in preparing these reports. Chairman Greer asked if New Hanover County had realized any savings from the Work First Program? Director Morris reported as of this date a savings has not occurred; however, a savings should be recognized in the cost of benefits. Hopefully, some of the money saved will be placed in supportive services, such as day care, to assist clients when going to work. Also, it appears there will be a state-wide shortfall in funding for day care programs next year. Chairman Greer advised that a majority of people feel the present Welfare System is not working and should be changed. He expressed concern for the manner in which the Annual Report was written with myths and facts and stated, in his opinion, this was offensive and could be interpreted as defending the present system. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 298 He urged the Department of Social Services and everyone involved to use their expertise and abilities to create innovative ideas to change the system and remove abusers so that people in real need can receive services. He volunteered to work with the DSS Director and his Staff in making these changes. Director Morris advised the department did not intend for the report to defend the current system or offend anyone. With the current debate about Welfare Reform, there has been a great deal of misinformation published. In his opinion, it is bad government to make public policy based on myth or to make public policy on the exception rather than the rule. The format was used to point out the reality of services rendered by the Department of Social Services. The DSS Staff is constantly working on new ways to administer the services. For example, a new program called Self- Sufficiency is being implemented this month in the AFDC unit. This program will allow the child support worker to see the person applying for AFDC on the day the application is submitted. In many cases the department can work with an applicant and secure a job or provide a service, such as day care, that will enable the applicant to continue to work. Hopefully, this program will keep persons from going on the Welfare System. Chairman Greer advised that child care and day care are two of the major reasons persons have to apply for AFDC. He asked if consideration had ever been given to opening a day care facility with the persons on the Welfare System being responsible for operating the facility. Director Morris informed the Board that he had operated a day care center for Union County from 1972 to 1978. He commented on the numerous problems that were experienced and stated the County would not want to become involved in the day care business. Since that time, it has been found that day care services can be provided cheaper by the private sector. Also, many of the private providers do hire welfare recipients. County Manager O'Neal complimented Director Morris and his Staff for an excellent job in moving forward with developing an automated system for the Department of Social Services. Due to this effort and the assistance given by the MIS Director, Bill Clontz, the County did not have to hire additional DSS employees to meet the increased demand for services. Chairman Greer, on behalf of the Board, expressed appreciation to Director Morris for the report and the manner in which he and the DSS Staff deal daily with many tough issues. ADOPTION OF A RESOLUTION APPROVING AND DESIGNATING THE TOWN OF KURE BEACH AS THE LEAD AGENCY FOR THE CORPS OF ENGINEERS RENOURISHMENT PROJECT Mr. Andrew J. Canoutas, the attorney representing the Town of Kure Beach, reported Kure Beach has been acquiring the necessary easements from oceanfront property owners for the Corps of Engineers beach renourishment project during the past year. The project includes some tracts in the unincorporated county adjacent to the Town of Kure Beach. At this time, all but 15 property owners have given the necessary easements. Five of these 15 property owners are in New Hanover County. Pursuant to extraterritorial condemnation powers, the Town of Kure Beach does have the authority to proceed with condemnation of the five parcels. The Board was requested to adopt a resolution to designate the Town of Kure Beach as the lead agency in this project and proceed to take whatever legal action is necessary to obtain the easements to proceed with the beach renourishment project. Commissioner Barone asked if any liability could be incurred by the County? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 299 Attorney Canoutas responded the County would not suffer any liability because Kure Beach would be the lead agency. Discussion was held on why the five property owners were not granting the easements. Attorney Canoutas explained that some of the properties were involved with heirs. One property owner feels the Town of Kure Beach should perform certain services that are not possible. Other property owners already have a bulkhead or fence, or others feel they are giving away some of their property. He reported that in most cases, the problems can be resolved. Further discussion was held on the appraisal of the properties. Attorney Canoutas reported certain funds have been set aside for the acquisition of the properties. The aforementioned five properties are in danger of washing away if a hurricane should come ashore. Since the easements are between the CAMA line and the Atlantic Ocean, no construction can occur other than a walkover; therefore, after an appraisal of the property, the Town of Kure Beach will owe the property owners nothing because the property cannot be used. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Caster to adopt the resolution to designate the Town of Kure Beach as the lead agency in the beach renourishment proj ect and to proceed with whatever legal action is necessary to obtain the easements for the proj ect. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 13. CONSIDERATION OF ESTABLISHING A COMMITTEE TO DEVELOP A PARTNERSHIP WITH NEW HANOVER COUNTY AND HANNOVER, GERMANY AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #96-0159 Ms. Jane Peterson reported the Cape Fear Coast Convention & Visitors Bureau (CVB) , and the Deutscher Club were attempting to develop a partnership with New Hanover County and Hannover, Germany. North Carolina is actively pursuing the German market to increase international visitation with part of a $4 million dollar budget funded by the Department of Transportation. The German residents of New Hanover County are anxious to participate and establish connections both historically and culturally. New Hanover County will be the first county to form a relationship with Hannover, Germany. The local group has pledged to match funding in developing the project. The total legal fees will be $500 and the Board of County Commissioners is being requested to make a $300 commitment for start-up funds. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to move forward with establishing a committee to develop a partnership with Hannover, Germany and approve the associated Budget Amendment in the amount of $300. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 300 Budget Amendment #96-0159 Non-Departmental/Outside Agencies/Economic & Physical Development Debit Credit Non-Departmental Contingencies $300 Outside Aqencies/Economic & Physical Development Convention & Visitors Bureau $300 COMMITTEE APPOINTMENTS APPOINTMENTS TO THE COMMISSION FOR WOMEN Chairman Greer informed the Board that two unexpired terms exist on the Commission for Women, and he reported that SlX applications had been received to fill the vacancies. Also, the Board is being requested to change the expiration date of the two unexpired terms to May 31, 1999, in order to provide for staggered terms due to a change in the length of terms from two to three years. Chairman Greer opened the floor to recelve nominations. Commissioner Barone nominated Sadie Ann Hood. The nomination was seconded by Commissioner Caster. Vice-Chairman Mathews nominated Rosemarie Gabriele. The nomination was seconded by Chairman Greer. Vice-Chairman Mathews nominated Sandra Morris. The nomination DID NOT RECEIVE A SECOND. Commissioner Caster nominated Sandy Moon. The nomination DID NOT RECEIVE A SECOND. There being no further nominations, Chairman Greer declared the nominations closed. He requested a motion to consider the appointment of Sadie Ann Hood and Rosemarie Gabriele to serve on the Commission for Women since no second was received on the nomination of the other two nominees. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to appoint Rosemarie Gabriele and Sadie Ann Hood to fill the unexpired terms on the Commission for Women. The terms are to expire May 31, 1999. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer Absent: Commissioner Sisson MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Greer convened from Regular Session at 10:56 A.M. until 11:27 A.M. DISCUSSION OF NEW SEWER FACILITY FEE ORDINANCE Assistant County Manager, Dave Weaver, reported the Board requested Staff to prepare a recommendation for deletion of the section in the Water & Sewer Ordinance that provides for the addition of new homes to be exempt from the new impact fee. The following recommendations were presented: Residential $0.675/square foot residential. $1,800 maximum (for units larger than 2,667 square feet). NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 301 $500 minimum (for units smaller than 740 square feet). House additions are presently exempt. This exemption needs to be deleted in the Water & Sewer Ordinance. Commercial $3.75 per gallon capacity required. No Maximum. $1,115 minimum fee for new development. Commercial additions are not exempt. Chairman Greer inquired as to how the commercial gallon capacity was calculated? Assistant County Manager Weaver responded that the State has capacity requirements for uses, such as offices, that are accepted and used throughout the state. The following guidelines were presented for charging impact fees for new development: A. New Residential Units (1) In no case will the total of sewer facility fees for any unit, including additions, exceed the maximum of $1,800. The maximum $1,800 takes effect for new units larger than 2,667 square feet. (2) The minimum of $500 applies to new units smaller than 7,440 square feet. B. Additions (1) An addition of enclosed heated or unheated living space to an existing residential unit will require an impact fee based on square footage of the addition, unless the maximum fee of $1,800 for the house has already been reached. (2) The minimum fee of $500 does not apply to additions. Impact fees for additions will be charged on a square footage basis and may be less than $500. (3) Construction of garages are not considered to be additions and are exempt from the impact fee. (4 ) No impact fees will be charged for the conversion of unheated living space, e.g. bonus rooms or attics. fees will be charged for the conversion of attached carports, screened porches, covered patios, and unenclosed areas. enclosed Impact garages, similar A lengthy discussion was held on additions to new homes. Chairman Greer spoke in favor of the guidelines presented for new homes with a maximum impact fee of $1,800 for units larger than 2,667 square feet, but he expressed concern for the policy regarding new additions. Additions, such as bedrooms and other rooms, could impact the sewer system; therefore, a fee should be charged regardless of whether the maximum impact fee had been paid. He recommended charging a fee for any addition of living space that exceeds a certain size. Assistant County Manager Weaver suggested increasing the maximum fee, or removing a maximum fee with the impact fee based entirely on $0.675 per square foot. Assistant County Manager Weaver advised that administering a fee on additions over a certain square footage would be difficult to administer because persons would become argumentive about NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 302 whether the addition was one foot over the square footage requirement. Chairman Greer recommended charging a flat fee of $50 for all additions regardless of size. Assistant County Manager options for developing an impact a fee per square foot; and (3) number of plumbing fixtures. All disadvantages. Weaver presented the following fee: (1) a flat fee per unit; (2) a fee charged according to the three options have advantages and Commissioner Caster recommended charging a flat fee of $100. Consensus: After further discussion, it was the consensus of the Board to direct Staff to prepare a draft proposal for additions based upon the discussion. County Manager 0' Neal noted that Staff would develop some options to be considered at a later date. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of Remarks Made by Don Loftin Regarding the Procurement Procedure for the 800MHZ Radio System County Manager 0' Neal commented on the remarks by Mr. Don Loftin regarding the 800MHZ Radio System and requested authorization to respond to his comments. Chairman Greer stressed the importance of checking into this matter because he felt Mr. Loftin would not repeatedly come before the Board with information that was not factual. Emphasis was placed on thoroughly reviewing the figures so this matter could be properly addressed. He suggested that Staff prepare a bid packet composed of the leased equipment and contact some companies to ascertain a purchase price for the equipment. County Manager 0' Neal advised that Mr. Loftin had been in contact with the County and was concerned that his company did not receive the bid award. He reported Staff had adequately responded to his complaints and questions. County Manager O'Neal expressed concern for the overtones of impropriety in Mr. Loftin's remarks and stated he felt a response should be prepared and forwarded to Mr. Loftin. vice-Chairman Mathews agreed with the County Manager and stated a response should be made to Mr. Loftin's remarks about a Staff Member squandering $205,000 of taxpayers money. Chairman Greer, again, reiterated the importance of clarifying the issue by thoroughly checking into the matter to resolve Mr. Loftin's complaints. He recommended including Mr. Loftin in the process so the figures could be accurately checked. County Manager 0' Neal advised he would rather perform the investigation without Mr. Loftin. He reported if the investigation reflects that a mistake has been made, he would be the first to apologize and correct the error. Chairman Greer stressed the importance of not quarreling with Mr. Loftin and stated if Mr. Loftin is right he would like to know because the County could save $600,000. Commissioner Caster agreed with Chairman Greer and stated the procurement process should be thoroughly investigated. Commissioner Barone noted that with a sole source supplier, there was always a public perception about the bidding process. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 303 County Manager O'Neal stated the procurement process would be investigated with a report forwarded to the Board as well as a response to Mr. Loftin's allegations. He stated, in his opinion, the equipment lease was the correct procurement procedure. Joint Meeting of the N. C. Department of Transportation (NCDOT) Steering Committee and Agencies to Discuss the Status of the Wilmington Bypass County Manager O'Neal announced the NCDOT Steering Committee was holding a meeting on Wednesday, March 20, 1996, at 1:30 P.M. in the First Floor Board Room of the Highway Building in Raleigh, North Carolina, to discuss the Wilmington Bypass. He advised that Planning Director Hayes would be attending the meeting. Announcement of Temporary Shut Down of the Brunswick Nuclear Plant County Manager O'Neal advised that a press release was just received informing the County that the Brunswick Nuclear Plant would be shut down late this afternoon for repair of an internal component of the service water pumps. As soon as the repair is completed, the plant will go back on line. Authorization for the City and County to Stage an Event to welcome in the 21st Century County Manager O'Neal announced the Board of Directors of the Cape Fear Coast Convention & Visitors Bureau (CVB) would like to work with the City and County in staging an event to welcome in the 21st Century at midnight on New Year's Eve, 1999. The CVB would be designated as the lead agency in carrying out the event. Ms. Jane Peterson, President of the CVB, requested the County to support this event and stated in order to plan a successful and spectacular event at least two years of planning would be required. Consensus: It was the consensus of the Board to authorize the County Manager to write a letter of support to the CVB Board of Directors. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Using Service Roads in New Hanover County Vice-Chairman Mathews reported on a conversation with the Assistant County Manager about requesting the N. C. Department of Transportation to allow the County to use service roads in planning for future commercial development. He asked if any response has been received. Assistant County Manager Weaver advised that the Planning Director was in the process of presenting this request to the Planning Board. It appears that the Department of Transportation is willing to accept the use of service roads. Renovations to the Assembly Room in the New Hanover Courthouse Vice-Chairman Mathews commented on planned renovations for the Assembly Room and asked if the room should be rented since the floors have been severely damaged because of dancing during wedding receptions. He requested figures showing the amount of revenue generated and stated if the fees collected do not pay for the damage to the room, the Board should consider renting the room only for non-profit meetings and private events. County Manager O'Neal explained that in the past, the room was not rented for anything other than civic purposes; however, many calls were received from citizens complaining about the facility being a public building which should be made available to the public for rental purposes. The following fees were presented: Wedding Receptions Private Receptions and similar events Non-Profit meetings $250 $150 $ 75 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 18, 1996 BOOK 25 PAGE 304 After further discussion, the County Manager was requested to prepare a report on rental revenue versus the costs for upkeep and maintenance of the room. vice-Chairman Mathews commented on the poor acoustics and recommended purchasing five microphones for the Administrative Staff instead of the lapel microphones. After further discussion, the Clerk to the Board was requested to work with Property Management in being sure the sound system was properly functioning. vice-Chairman Mathews asked if the heating and cooling system was working? County Manager O'Neal responded the system worked most of the time. Chairman Greer expressed concern for the amount of money spent in repairing the heating and cooling system and requested the County Manager to check into why the system does not properly function at all times. Request to Invite the Judges to Attend the Legislative Coordinating Council Meeting to be Held on Monday, April 29, 1996 Commissioner Barone suggested inviting the Judges to attend the Legislative Coordinating Council meeting. Clerk to the Board, Lucie F. Harrell, reported the Judges have been invited in the past; however, she would be sure invitations are forwarded to the Judges. Announcement of Decision by the N. C. Supreme Court on the Maready vs Forsyth County Case Regarding Incentives for Economic Development County Attorney Copley reported that a decision had just been rendered in the Maready vs Forsyth County case regarding incentives for economic development. The Judge ruled in favor of allowing local governments to provide incentives for economic development. She reported a synopsis of the case would be prepared and forwarded to the Board. Discussion of 800MHZ Hand-Held Radios Chairman Greer commented on the recent severe weather bulletins and asked if the 800MHZ hand-held radios were ready to be distributed to the Commissioners. County Manager O'Neal replied he would check with Emergency Management and be sure the radios were delivered to the Commissioners. ADJOURNMENT Chairman Greer adjourned the meeting at 12:50 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board