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2000-03-27 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 868 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 27,2000, 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 Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; County Manager, Allen 0 'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster was absent because of a planned family vacation. Vice-Chairman Greer called the meeting to order and welcomed everyone present. Commissioner Davis was not present for the first three items because of a conflict in his court schedule. He arrived at 9:40 a.m. 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 Vice-Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item that was 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 Vice-Chairman Greer referenced Consent Agenda Item 2, a request by the N. C. Department of Transportation (NCDOT) to purchase 18.87 acres of property owned by the County on Division Drive at a cost of$562,500, and stated that approximately 23.75 acres ofthe county-owned land will be left with no access. If the Board would like to sell the remaining 23.75 acres, comprised mainly of wetlands, the NCDOT would be willing to purchase the property for an additional $8,313. Vice-Chairman Greer said with the need to preserve wetlands, he felt the County should retain this property and accept the NCDOT offer of$562,500 for purchase of 18.87 acres. County Manager O'Neal suggested deferring action on this request until Staff can discuss this matter with the NCDOT. He advised that this item would be placed on the agenda for April 3, 2000. Vice-Chairman Greer called for a motion to approve the Consent Agenda. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to defer action on Consent Agenda Item 2 and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED by a 3 to 0 vote. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Drainage Work Session Solid Waste Disposal Work Session Joint Consolidation Meeting March 2, 2000 March 13, 2000 March 15, 2000 Approval of 1999 Hazardous Materials Emergency Preparedness Grant Agreement The Commissioners accepted a grant from the Preparedness Committee ofthe North Carolina NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 869 Emergency Response Commission in the amount of $1,000 and approved the associated budget amendment to continue implementation of the Emergency Planning and Community Right-to-Know Act. Budget Amendment #00-0134 - Emergency Management Adjustment Debit Credit Emergency Management: N. C. Department - Crime Control & Public Safety/ Civil Preparedness Grant $1,000 Printing Charges $1,000 Explanation: To budget the North Carolina Department of Crime Control and Public Safety Civil Preparedness grant in the amount of $1,000 for the continued implementation of the Hazardous Materials Emergency Planning and Community Right- To-Know Act. Approval of Paving Contract #00-0263 to AP AC of Carolina for Ogden and Castle Hayne Parks The Commissioners awarded a contract to AP AC of Carolina, the lowest responsible bidder, in the amount of $229,13 7.76 to pave interiors of Ogden and Castle Hayne Parks. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Adoption of Resolutions to Add Angel Island Road and Roads in Emerald Forest Subdivision to the N.C. Highway System The Commissioners adopted resolutions to add Angel Island Road and roads in Emerald Forest Subdivision to the N.C. Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 5. Award of Phase IB Construction Contract #00-0297 to Thompson & Company, Inc. The Commissioners awarded Contract #00-0297 to Thompson & Company, Inc. in the amount of$2,374,000 for construction ofa water distribution system, gravity sewer and waste water force main system, roads, site electrical, and well house at the Veterans Park site. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Approval Social Worker II and Social Worker III Positions for the Department of Social Services The Commissioners approved the following positions for the Department of Social Services and approved the associated budget amendment listed below: Social Worker II Position: The N. C. Division of Social Services has allocated $55,000 to New Hanover County to fund a new position for the purpose of helping children move into permanent adoptive homes and improve foster care recruitment. Social Worker III Position: The 1999 General Assembly approved legislation that provided funding to improve the provision of protective services for disabled adults in counties needing additional staff. New Hanover County has received an allocation of approximately $25,000 for the current fiscal year to establish a new position. The funding cannot be used to support current efforts; however, an additional $45,500 will be received in FY 2000-2001. Budget Amendment #: 00-0135 - Social Services Administration NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 870 Adjustment Debit Credit Social Services Administration: DSS Administrative Grants $18,666 Salaries and Wages Social Security Taxes Retirement-Local Govt. Employee Medical Insurance Expense Long- Term Disability Insurance $14,747 $ 1,128 $ 730 $ 2,027 34 Explanation: To budget allocated state and federal funds for the cost of Social Worker II and Social Worker III positions for the remainder ofFY 1999-2000. These positions have been approved by the Board of Social Services and will be 100% funded by state and federal funds. Acceptance of Tax Collection Reports Through February 29, 2000 The Commissioners accepted the following Tax Collection Reports through February 29, 2000, as submitted by the Collector of the Revenue, Patricia 1. Raynor: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part ofthe minutes and are contained in Exhibit Book XXVI, Page 5. Release of Values - Tax Department The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers: Ness, Charles Mildred Life Estate Stevenson, Gerald Mable, Etal. $20,000 $20,000 The Commissioners approved delinquent applications for exemption from the property tax for the following organizations: Health Sciences Foundation Inc., D/B/A Coastal AHEC/Business & Personal Property Wilmington East Rotary Club R061 7 -004-009-000 Approval of Budget Amendment #00-133 - Sheriff's Department The Commissioners approved the following budget amendment: Budget Amendment #00-0133-Commissioners' Office/Sheriff Jail and Out of County Housing/Health Department Adjustment Debit Credit Commissioners' Office: Appropriated Fund Balance Sheriff/Jail: Food Purchases Contracted Services Sheriff/Jail-Out of County Housing: Contracted Services - Jail Transportation Expenses - Jail Health Department/Jail-Health: Contracted Services $629,052 $ 45,000 $180,000 $255,664 $ 10,388 $85,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 871 Departmental Supplies $53,000 Explanation: To appropriate fund balance for the following: Sheriffs Department - $45,000 for higher than anticipated food costs at the jail, $180,000 for higher than anticipated contracted services with the N. C. Department of Correction for safekeeping at-risk inmates and inmates with severe medical problems, and $266,052 for inmate out-of-county housing costs for the remainder of FY 1999- 2000; Health Department/Jail-Health - $138,000 higher than anticipated expenses due to inmate surgeries, physician fees, and prescription drug expense. All of these expenses are unavoidable and not within the control of the county. Approval of Budget Amendment #200-27 Federal Forfeited Property Capital Project The Commissioners approved the following budget amendment: Budget Amendment #2000-27-Federal Forfeited Property Capital Project Adjustment Debit Credit Federal Forfeited Property Capital Project Expense $3,493 $3,493 Explanation: To budget additional revenue received March 9, 2000. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Waiver Disposal Fees for Church of the Servant, The Bargain Box The Commissioners approved a waiver of disposal fees for Church of the Servant, The Bargain Box, a not for profit thrift store providing low cost clothing, furniture and other items, with proceeds used for community projects to benefit the poor and homeless through Good Shepherd Ministries, Mother Hubbard's Cupboard, Refugee Resettlement and other ministries. Current policy provides free disposal for unwanted donations received at the Salvation Army, Goodwill, Habitat for Humanity and similar programs. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager O'Neal requested the following persons to step forward to receIve retirement plaques: Seanetta M. Dixon Freddie W. Hearne Mary C. Kendall Sheriff's Department Sheriff's Department Register of Deeds On behalf of the Board, Vice-Chairman Greer presented retirement plaques to these employees and he expressed appreciation to them for their years of dedicated service. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards: Michael Allen 0 'Neal Linell Josey Joseph R. Sigman Wanda Rivenbark Christine Q. Neal Sylvia E. Brown Bernadine G. Butler County Manager Property Management Sheriff's Department Health Department Engineering Health Department Tax Department 10 years 10 years 10 years 10 years 15 years 15 years 20 years On behalf of the Board, Vice-Chairman Greer presented service awards to these employees and expressed appreciation to them for their years of service. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 872 RECOGNITION OF NEW COUNTY EMPLOYEES County Manager O'Neal requested the following new employees to stand and be recognized: Jody Pierce, Cooperative Extension Service, Airlie Gardens Samir Isic, Cooperative Extension Service, Airlie Gardens DeAnne Chryst, Health Department Kristen Keenan, Health Department David Howard, Health Department Doris Sanders, Health Department Stephanie Proukou, Museum David Cook, Sheriff's Department Nancy Beamon, Sheriff's Department Linda Berry, Social Services Shawn Jones, Social Services Susan Miller, Museum On behalf of the Board, Vice-Chairman Greer welcomed these employees to County government and he wished them success in their new positions serving the citizens of New Hanover County. APPROVAL OF AMENDMENTS TO WORK FIRST COUNTY PLAN Director of the Department of Social Services, Wayne Morris, reported that in 1999 the General Assembly approved changes in the State's Temporary Assistance for Needy Families (T ANF) plan, and the Board of Social Services has requested amendments to the County's 1998-2000 Work First Plan to exercise legislative options and provide more effective service delivery. The caseload has been reduced by 70%, which is the largest reduction of any county in the State. Director Morris presented the following amendments: 1. New Hanover County will provide appropriate and available services to all families with children whose family income is at or below 200 % of the federal poverty level. Effective April 21, 2000, the poverty level for a family of four is $1,421 per month, 2. New Hanover County will provide follow up services 120 days for those who leave cash assistance. Currently we are limited to 90 days. 3. New Hanover County will require the following sanctions for any non-compliance with the Mutual Responsibility Agreement (including failure to cooperate with Child Support Enforcement) : A. First offense: 25% reduction in benefit for three (3) months. B. Second and subsequent offenses: pay after performance for a minimum of three (3) months, plus a 25% reduction in benefits. If still out of compliance at the end of three (3) months, benefits will terminate. 4. New Hanover County's primary objective at this time is to provide services to all Work First participants. In so doing, New Hanover County will maintain a close relationship with our local IV-D office, but will not exercise the option to provide non-custodial parents of Work First children with non-cash employment services as long as their income is at or below 200% of the federal poverty level. In concluding the presentation, Director Morris advised that no additional funding will be needed to implement the amendment. He requested the Board to approve the amended plan. Commissioner Birzenieks asked Director Morris if the amendments had the endorsement of the Board of Social Services. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 873 Director Morris responded that all amendments presented had been approved by the Board of Social Services. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve the amendments to the New Hanover County 1998-2000 Work First Plan and authorize the Chairman to execute the necessary documents. Upon vote, the MOTION CARRIED by a 4 to 0 vote. A copy of the amended plan is on file at the Department of Social Services. APPROVAL OF TOLLING AND ACCOUNTING ORDER TO EXTEND THE PERIOD FOR THE COUNTY TO REVIEW AND CERTIFY THE NEW RATE STRUCTURE PROPOSED BY CHARTER COMMUNICATIONS FOR BASIC CABLE TELEVISION SERVICE County Attorney Copley reported that Mr. Bob Sepe, the County's Cable TV Consultant of Action Audits, LLC, was present to explain and answer any questions regarding the tolling and account order. Mr. Sepe reported that Charter/Falcon Cable has attempted to raise the rates since the cable television network has been upgraded. Action Audits needs time to review the underlying assumptions and to certify the rate increases over the next 120 days. In 1996, a rate order was issued to require Falcon Cable to reduce the rates because certain costs were disallowed. These costs were related to pole transfer charges, which have continued since 1996. At that time, Falcon Cable appealed the local rate order and the FCC has just ruled on that appeal with a finding for the County. Falcon/Charter is looking at refund liability to the cable television subscriber for the excess charges. The proposed Tolling and Accounting Order will allow ample time for Action Audits to review these charges. Charter will be requested to file a refund plan within the next 30 to 60 days. Vice-Chairman Greer asked if Charter Communications was liable for the actions by Falcon Cable. Mr. Sepe responded that when the transfer was made from Charter to Falcon, none of the Falcon issues were dismissed. Mr. Sepe requested the Board to approve the rate order. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve the rate order to extend the review time to 120 days during which time Charter/Falcon will be required to maintain a separate accounting and answer questions posed. Upon vote, the MOTION CARRIED by a 4 to 0 vote. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 5. APPROVAL OF PLAN FOR PARKING DECK AND NEW ANNEX ADMINISTRATION BUILDING AND RELATED BUDGET AMENDMENT #2000-30 Project Engineer, Greg Thompson, reported that based on discussion at the regular meeting of March 13, 2000, Staff presented an estimated budget for construction ofa new parking deck and new Annex Administration Building on the Library site. The project has been outlined in the agenda packet, and Staff recommends moving forward with alternative 6A( 1), including the development of a scope of service with Sharpe Architecture. Vice-Chairman Greer advised that Mr. Bob Mayo was present and would like to comment on behalf of the Library Advisory Board. Mr. Mayo, a member ofthe Library Advisory Board, reported that discussion was held at the last meeting of the Advisory Board, and there was concern for the following items not being addressed in the current plan if the County proceeds with constructing a parking deck and Annex Administration Building on the Library site: (1) Adequate Parking Spaces: The Advisory Board does not feel that designation of 139 parking spaces in the new parking deck will be adequate to address future needs of the Library. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 874 (2) Disruption During Construction Period: The Advisory Board is quite concerned about the operation of the Library during the construction period. The County should provide some procedure or plan to be followed during this period to ensure that library services will not be disrupted. (3) Third Floor Renovation of the Library: Due to growth, the third floor of the Library needs to be renovated to accommodate space needs for collections and meeting rooms. In concluding his remarks, Mr. Mayo requested the Board to include the needs ofthe Library when drafting and preparing plans for the Library site. Discussion was held on the number of parking spaces needed by the Library. Mr. Mayo explained that Council Member Frank Conlon and the library consultant have been reviewing the number of parking spaces that will be required by the City of Wilmington for a public facility of this size. The numbers presented are between 200 to 250 parking spaces. There are 60 spaces in the existing parking lot, 40 spaces for employees, plus street parking in the area. Project Engineer, Greg Thompson, reported that 545 parking spaces are provided in the five level parking deck presented under Alternative 6A(I); however, two levels can be added to provide 250 additional spaces for a total of795 parking spaces in a seven level deck. He advised that interim parking for the Library during construction is available on the Azalea Inn property at 311 N. 3rd Street (102 spaces) and on Bert Williams' property at 318 N. 3rd Street (50 spaces). The possibility of leasing space at the Methodist Church on the corner of 4th and Grace Streets was also mentioned. Vice-Chairman Greer commented on the new parking deck to be constructed at Second and Princess Streets and asked if parking spaces could be purchased or leased. Project Engineer Thompson advised that he was not sure about leasing or purchasing parking spaces at the new parking facility, but stated the seven level deck would address the County's parking needs. Further discussion was held on the parking deck being connected to the Library at a future date. County Manager O'Neal explained that the parking deck will be designed to be connected to the Library when the third floor is renovated, which will not be a complicated process. He also informed the Board that the City may be interested in participating in adding one or two levels to the parking deck to provide additional parking in the downtown area. Commissioner Birzenieks stressed the importance of moving forward with the project and stated that he felt the needs of the Library must be met. He suggested requesting Staff to develop some alternates for renovating the third floor of the Library and constructing two additional levels to the parking deck. During this period of time, the County Manager should continue to discuss parking options with the City of Wilmington. In concluding his remarks, Commissioner Birzenieks stressed the importance of involving the members of the Library Advisory Board in the design and plans for the Library site. Discussion was held on the number of parking spaces needed to accommodate the Judicial Building expansion. Project Engineer Thompson stated that 300 parking spaces are needed to meet the City's parking requirements for the Judicial Building expansion. When the existing Annex Building is demolished, 30 additional parking spaces will be provided on this site. Vice-Chairman Greer expressed concern for constructing a three floor Annex Administration Building next to a seven level parking deck and stressed the importance of any construction blending aesthetically with the downtown area. Project Engineer Thompson explained that schematics would be drawn to show exactly how NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 875 the structures would appear on the site. Every effort will be made to design a facade that will blend with the adjacent properties. Since this site is located in the Business District, not the Historic District, the regulations will not be as stringent. County Manager O'Neal said if the Board would like to construct a larger Administration Building to accommodate County employees in the existing Annex Building and current Administration Buildings, this would be the time to decide on what plan should be followed. Economically, it would be better to construct a larger building. Project Engineer Thompson explained that a seven level deck is being designed with plans to construct a five level deck, which will provide the option to add two additional levels at a later date. Commissioner Howell commented on the $917,000 included in Alternative 6A( 1) to renovate the existing County Administration Building that is approximately 50 years old. Under Alternative 6A, the plan was to add $5,000,000 to the project cost to construct a County Administration Building that will house all county departments in one facility. This would allow the County to either lease or consider selling the existing County Administration Building valued at $1,800,000. He asked if the Board should consider this alternative in lieu of Alternative 6A(I). County Manager O'Neal advised there are limitations on the reuse of the existing County Administration Building. It could probably be used by the courts; however, Staffis concerned about being able to sell the existing building because of its age. Vice-Chairman Greer said the main question to answer is whether the Administration Building located on the Library site should be large enough to accommodate all county departments. If the existing Administration Building can be sold at $1,800,000 plus the $917,000 already included in the projected cost for renovation of this building, funds in the amount of$2,717,000 could be applied toward the additional $5,000,000 needed to construct the larger building. Project Engineer Thompson explained that when placing a value on the eXIstmg Administration Building, the current on-grade parking was included as part of the value for the structure. If county employees are relocated into a new building, the on-grade parking will still be needed, which will reduce the sale value of the building unless the parking deck at the Library site is increased above 7 levels. He advised that in Alternative 6A, parking is accounted for by demolishing the existing County Administration Building. Vice-Chairman Greer called for a motion. Motion: After further discussion of the need to have alternates before rendering a decision, Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve Alternative 6A( 1) and the associated budget amendment and request Staff to obtain alternates for: (1) expansion of the parking deck to seven levels; (2) third floor renovation of the Library; and (3) construction of a new Administration Building on the Library site and the possible sale of the existing Administration Building. Vice-Chairman Greer opened the floor for further discussion Commissioner Howell asked Project Engineer Thompson iffigures were not already available for the construction of a building large enough to accommodate all county departments and parking deck without renovation of the third floor in the Library at a cost of approximately $19,000,000. Project Engineer Thompson responded that the projected cost for a larger building as described by Commissioner Howell is between $18,000,000 and $19,000,000. This figure was based on demolishing the existing Annex Building and County Administration Building, which would provide additional parking. County Manager O'Neal presented the following summary on the correlation of current projects. When the Administrative offices of the Sheriff's Department are moved to the new Jail Facility, the third floor of the BellSouth Building will be available. The Information Technology Department will move into the BellSouth space. The upgrade of the existing County Administration NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 876 Building at a cost of$917,000 will include a thorough cleaning of the HV AC system, removing and replacing existing windows to include moving the blue band around the building to match the material on the windows, and some small cosmetic items on the interior of the building. The space left from moving the Information Technology from the existing County Administration Building will require some improvements that can be handled in-house. Alternative 6A( 1) is to construct an Annex Administration Building and parking deck on the Library Site with the Annex Building being demolished. The alternative to this option is to demolish the Annex Building and try to sell the existing Administration Building or demolish it, and construct a building large enough to accommodate all county departments. Commissioner Howell stated that economically it would be an advantage to house all county employees in one building instead of spending nearly $1,000,000 to renovate a 50-year old building that will have to be renovated again in a few years. Further discussion was held on the difference in the cost of constructing the two buildings. Project Engineer Thompson advised that it will cost approximately $4,500,000 to construct a new Annex Administration Building and approximately $9,000,000 to construct a larger Administration Building on the Library site. The advantages of constructing a larger building would be to house all county employees in one building. Commissioner Davis stated the question to answer is whether it will be worth an additional $4,500,000 to construct a larger building to house all county employees less the money received for the sale of the existing Administration Building and the cost of renovating the existing building. Commissioner Birzenieks stressed the importance of moving forward with the project and stated his motion accomplishes this action and allows for alternates to be presented regarding renovation of the third floor at the Library, expanding the parking deck to seven levels, and constructing a larger building with the sale of the existing County Administration Building. Commissioner Davis strongly objected to increasing the property tax rate for FY 2000-2001 and stated if taxes continue to increase, it will be difficult for people to live in New Hanover County. With the number of capital projects on line, school needs, drainage, and other needs, the Board should step back and thoroughly review these items. County Manager O'Neal stated that a tax increase will be needed to pay for the capital projects. Commissioner Birzenieks responded that he made a motion to consider Alternative 6A( 1) because of the concerns expressed by Commissioner Davis. County Manager O'Neal reminded the Board that the driving forces behind this capital project are to secure enough parking spaces for the Judicial Building expansion and to provide a safe building for employees working in the Annex Building. Unfortunately, the Annex Building is not worth renovating because the basic structure is unsound. Commissioner Davis asked if consolidation should occur between the two governments, would some future space needs be eliminated. County Manager O'Neal responded that a new consolidated government will not initially eliminate space needs because the functions of both governments will have to continue for a period of time. Commissioner Birzenieks stated if the County knew that consolidation would occur, the proposed building could be better designed to accommodate a consolidated government. County Manager O'Neal agreed and stated that one advantage oflocating a new building on NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 877 the Library site is that it will be across the street from the existing City Administration Building. The City is currently planning to expand this building, which would be ideal for a consolidated government. After further discussion, the Board requested the County Manager to contact the City about participating in the parking deck or leasing space from the County and to involve members of the Library Advisory Board, Ms. Mary Hatcher, and Mr. Bill Mayo, in the design and planning process. Vice-Chairman Greer called for a VOTE ON THE MOTION made by Commissioner Birzenieks to approve Alternative 6A(I) and request alternates for renovating the third floor of the Library, adding two levels to the parking deck, and constructing a building large enough to house all county employees with the possibility of selling the existing Administration Building. Upon vote, the MOTION CARRIED by a 4 TO 0 vote. Budget Amendment #2000-30 -Annex Administration Building Adjustment Debit Credit COPS Funding $6,826,148 Capital Project Expense $6,826,148 Explanation: To increase the budget to anticipated costs of$14,886,418 for County Administration Building Project. $8,060,000 has already been budgeted. POSTPONEMENT OF ITEMS 7.1, 7.2, AND 7.3 UNTIL APRIL 3, 2000 AND REMOVAL OF ITEM 11 Chairman Greer announced that the following items will be postponed until the next meeting scheduled on April 3, 2000 at 6:30 p.m. 7.1 Approval of amendment to Contract #99-0352A for professional services for the new Jail Facility 7.2 Approval of Contract #00-0178 to Freeman White for architectural services for the new Jail Facility 7.3 ApprovalofRFQ/RFP Project Expediter ProcessIRequirements for the Jail Facility Project 11. Closed Session pursuant to N.C.G.S. 143-31811(5) BREAK Vice-Chairman Greer called a break from 10: 10 a. m. until 10: 3 0 a. m. APPROVAL OF REPORT ON THE ESTABLISHMENT OF A DRAINAGE SERVICE DISTRICT County Attorney Copley reported that after the last Work Session held on drainage, Staff reviewed the options of establishing a Drainage District. She advised that Deputy County Attorney Kemp Burpeau has worked with Tax Administrator Bob Glasgow to determine how to establish a Drainage District, and stated that he will comment on this matter. Deputy County Attorney Burpeau reported after reviewing the various options, it was found that a Drainage District must be established by June 30,2000, in order to levy a tax by July 1, 2000, or the County will have to wait until the next fiscal year. The Legal Department has studied establishing a Drainage District identical to the Fire Service District; however, it was found that when the City of Wilmington annexes an area, the Drainage District boundary line will remain in place for a period of a year. This means that people living in a recently annexed Drainage District will have to pay a Drainage District tax and a City drainage fee until the boundary can be changed. Under a Fire Service District, when annexation occurs, the boundary of the Fire District automatically conforms NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 878 with the annexation. Further study was made to see if some option could be found to prevent recently annexed residents from paying two taxes. One option would be to make an effort to anticipate where the City would be annexing and create a smaller Drainage District; however, not enough information is available to know where future annexations will occur and when the decisions will be rendered by the courts. The next option considered was creating a Drainage District identical to the Fire Service District and waiting until the City completes its annexation so the boundaries could be changed and interlocal agreements could be negotiated with the City to prevent residents from paying double taxes. However, this would be a complicated process. In closing his presentation, Deputy County Attorney Burpeau advised that in order to start the process, the Board could use general fund revenue for the first year, and after that year when annexation is finalized, the Drainage District could be established. County Manager O'Neal advised that the N. C. General Assembly could be approached to enact special legislation that would be similar to the General Statutes governing the Fire Service District, which allow rebates and refunds. Assistant County Manager Weaver requested the Board to consider establishing a much smaller Drainage District as recommended by the Deputy County Attorney Burpeau. A District could be established in the southern and northern parts of the County where no annexation is proposed. Commissioner Birzenieks expressed concern for the number of ditches that need to be cleaned, and he asked how this can be done in a comprehensive manner. County Manager O'Neal responded that the only way to clean ditches without establishing a Drainage District is to use general fund monies. Vice-Chairman Greer said that he felt the Board was limited in what it can do at this time. He suggested moving forward with cleaning out ditches with utilization of the Health Department equipment. Discussion followed on approaching the General Assembly about enabling legislation for establishing a Drainage District. County Manager O'Neal said the Board could approach the local legislative delegation about introducing enabling legislation. Vice-Chairman Greer said that personally he felt the establishment of a Drainage District will be another form of taxation; therefore, he would not be in favor of this action. Commissioner Howell asked Vice-Chairman Greer what he would recommend. Vice-Chairman Greer responded that general fund monies should be used for drainage issues. Commissioner Howell expressed concern for City residents paying double taxes. Assistant County Manager Weaver referenced the $370,000 received from FEMA last year and stated this money can be used to clean out a number of small ditches without hiring new County personnel or purchasing new equipment. These projects could be performed with use of prisoners from the N. C. Department of Correction and utilization of equipment at the Health Department. Commissioner Davis stressed the importance of everyone understanding that some residents living in the county need help and they deserve to receive assistance. However, it appears that establishing a Drainage District will create a complicated situation because of the General Statutes governing a district of this type. He said if the legislators are going to be contacted he would also be in favor of special legislation to allow New Hanover County to implement a one cent local option sales tax. Commissioner Birzenieks agreed with Commissioner Davis and said it is imperative for the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 879 County to find other sources of revenue. He suggested requesting the General Assembly to return a larger portion of the sales tax to counties and cities, or to enact special legislation to allow New Hanover County to implement a one cent local option sales tax. The Drainage District would be an ideal project for use of the sales tax. Consensus: After further discussion, it was the consensus of the Board to direct Staff to continue to clean out the ditches with use of FEMA funding, authorize the Chairman to write a letter to the North Carolina General Assembly to request special legislation for New Hanover County to implement a one cent local option sales tax, and meet with the local legislators to explain why the County needs additional sources of revenue. DENIAL OF REQUEST FROM NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS TO CONTRIBUTE TO THE INSTITUTE OF GOVERNMENT BUILDING RENOVATION AND EXPANSION County Manager O'Neal advised that the N. C. Association of County Commissioners and N. C. League of Municipalities are requesting contributions from counties and cities to complete the renovation of the Institute of Government building. He said that a year ago, this item was discussed by the Board, and it was decided not to fund this issue since it is a State building project. Consensus: After further discussion, it was the consensus of the Board not to contribute funding for the renovation project since it is a State funding responsibility. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Vice-Chairman Greer convened from Regular Session to hold a meeting of the New Hanover County Water and Sewer District at 10:50 a.m. Vice-Chairman Greer reconvened to Regular Session at 11:20 a.m. ITEM #7 ON THE WATER SEWER AGENDA TRANSFERRED TO THE REGULAR AGENDA - ADOPTION OF RESOLUTION TO CONDEMN A WATER LINE EASEMENT ACROSS THE THOMAS W. EPPLEY PROPERTY, TAX PARCEL NO. R04011-001-010- 000 County Engineer Blanchard reported that the owner of a tract ofland facing Sampson Street in the Flemington area was issued a well permit and building permit around the Flemington Landfill. This area has a moratorium on wells as required by the U. S. Environmental Protection Agency. Since a well cannot be drilled, Staff would like to extend water service to the site from the nearest available water line. In order to proceed with this project, it will be necessary to acquire an easement across a tract ofland owned by Thomas Eppley, Jr. The proposed location of the easement is along an abandoned roadway through wetlands. The easement involves 0.46 an acre ofland at a tax value of$I,715. An offer of$2,000 was made to Mr. Eppley; however, this offer was refused by Mr. Eppley because he feels the property is more valuable. Staff recommends authorizing the Legal Department to proceed with condemnation of the easement. Commissioner Davis asked if it was absolutely necessary to proceed with condemnation. County Engineer Blanchard responded that Mr. Eppley values the property between $5,000 and $10,000 which is an unreasonable price; however, Staffwill continue to work with him. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to adopt a resolution authorizing the Legal Department to proceed with condemnation of the property owned by Thomas W. Eppley, Tax Parcel No. R04011-001-010-000, Deed Book 1786, Page 757, New Hanover County Registry and take any legal action necessary to obtain the easement. Upon vote, the MOTION CARRIED by a 4 to 0 vote. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 880 Exhibit Book XXVI, Page 5. ADDITIONAL ITEMS - COUNTY MANAGER AUTHORIZA TION TO ESTABLISH AN OPEN SPACE AND PARKS BOND OVERSIGHT COMMITTEE Vice-Chairman Greer reported that discussion has been held about establishing an Oversight Committee to be charged with identifying and selecting properties to be purchased and making recommendations to the Board of County Commissioners. He advised the Committee would be comprised of 15 members from the following categories: (1) County and Municipal governments; (2) representatives of parks and recreational advisory boards; environmental organizations, business and other community groups, and the public at-large. Appointments would be made by the Board of County Commissioners. Commissioner Birzenieks asked the Clerk to the Board, Lucie Harrell, how much time would be needed to advertise the positions. Ms. Harrell responded that at least 28 to 30 days would be needed to receive committee applications for a committee of this importance. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to establish an Open Space and Parks Bond Oversight Committee comprised of 15 members and direct the Clerk to the Board to advertise as soon as possible. Upon vote, the MOTION CARRIED by a 4 to 0 vote. Commissioner Birzenieks stressed the importance of the public understanding that the Board of County Commissioners overwhelmingly supports the Open Space and Parks Bond referendum. He reminded everyone that this Board initiated the concept and brought up the Open Space and Parks Bond referendum to the public. Vice-Chairman Greer agreed with Commissioner Birzenieks and stated that the General Statutes do not allow the County to allocate funding to advertise or publish pamphlets about the bond Issue. County Attorney Copley explained that the Board could show support of the bond issue by adopting a resolution of support. Motion: After further discussion, Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to direct the Clerk to work with the County Manager to prepare a Resolution of Support for the Open Space and Parks Bond Referendum. Upon vote, the MOTION CARRIED by a 4 to 0 vote. Introduction of New Employee, Cary Gibson County Manager O'Neal introduced Mr. Cary Gibson, the new Multi-Media Specialist, who will be responsible for managing the technical equipment in the Assembly Room as well as other responsibilities in the Information Technology Department. On behalf ofthe Board, Vice-Chairman Greer welcomed Mr. Gibson to New Hanover County government. Congratulations to the Clerk to the Board for Being Selected as a Recipient of an Elderhaus Award in the Profession Category On behalf of the Board, Vice-Chairman Greer congratulated the Clerk to the Board, Lucie F. Harrell, for being selected as the recipient of an Elderhaus Award in the Profession Category. He stated that the Board was looking forward to the banquet to be held on March 31,2000, when the award will be presented to Ms. Harrell. Reminder of Meetings Vice-Chairman Greer reminded the Board of the following meetings that are scheduled this NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 27, 2000 BOOK 27 PAGE 881 week. Joint Meeting with the Board of Education March 30,2000 Dorothy B. Johnson Elementary School 6:00 p.m. dinner followed by the meeting Breakfast Meeting with Municipalities March 31, 2000 Madeline Suite - UNCW 8:00 a.m. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to adjourn. Upon vote the MOTION CARRIED UNANIMOUSL Y. Chairman Caster adjourned the meeting at 11 :35 a.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board