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2000-04-17 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 910 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 17,2000 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; Chairman William A. Caster; County Manager, Allen 0 'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE County Manager, Allen O'Neal, gave the invocation. Commissioner Howell led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster 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 listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Open Space and Parks Bond Resolution Read Into the Record Mr. Johnnie N. Henagan, President, Council of Neighborhood Associations, Inc., introduced Reverend Ken Earwood and they both read the following resolution into the record: WHEREAS, the current Board of County Commissioners has raised the issue of a Bond Referendum in the amount of $45,000,000 to acquire open space, included in the next election to be held in May 2000, and; WHEREAS, the Council ofN eighborhood Associations, Inc., considers the environment and ecology of New Hanover County in danger of sustaining permanent damage if action is not taken, and; WHEREAS, even in the fact of the affirmation of the public district of our current sitting Board, and; WHEREAS, the sitting Board has given their solemn word that the selection of properties for purchase as well as the expenditures of any funds raised by the bond issue and subsequently leveraged for this purpose; will be performed by an impartial board of citizens specifically entrusted with this responsibility and answerable to both the public and to the Board of Commissioners, and; WHEREAS, the desirability of public involvement in the form of this committee has been demonstrated by public opinion, and the process of successful interactions between the taxpaying public, the developers, the land owners in adjoining or abutting neighborhoods, knowledgeable staff, and the Board of Commissioners (both sitting and future) is seemingly demonstrated by the selection of an impartial committee. NOW THEREFORE, BE IT RESOLVED that the Council ofNeighborhood Associations, Inc., in the Regular Meeting ofthe membership held on March 23, 2000, respectfully endorses the bond referendum of May 2, 2000, and supports the Board of Commissioners in the appointment of the impartial oversight committee. It is further resolved that CONA anticipates a fair and impartial committee to be appointed, and that CONA will request that periodic reports of actions, plans and changes of plans and/or members be made to the public, without prejudice or flourish, in the format of public hearings through which the voting public may actively participate and be heard. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 911 Vice-Chairman Greer stated it is unfortunate that CONA has such a poor opinion of the present Board and said he was sorry that politics had become involved in the open space and parks bond issue. Mr. Henagan disagreed with the statement by Vice-Chairman Greer and said this resolution was adopted by CONA, and was not politically motivated. Chairman Caster informed Mr. Henagan that he was personally insulted by the language in the resolution. Commissioner Howell said that in his opinion any persons appointed to serve on the Oversight Committee would not please CONA. APPROVAL OF CONSENT AGENDA Vice-Chairman Greer requested further discussion of Item 2, 4, & 7. Discussion of Consent Agenda Item 2, Approval of Wedding Policy for Airlie Gardens Vice-Chairman Greer expressed concern for charging $2,250 for a wedding and reception at Airlie Gardens. He also spoke in opposition to some of the restraints throughout the policy, such as paying 60 days in advance of any event. Commissioner Davis, the Board's representative on the Airlie Garden Foundation, assured the Commissioners that a great deal of time had been spent by the Foundation in discussing and preparing the proposed policy. He explained that Airlie Gardens was not a park, but a garden that will be developed into a world class garden. In order for Airlie to produce revenue to cover expenses without having to be subsidized by the taxpayers, the Foundation felt policies must be established to defray all costs involved. For example, when a wedding or special event is scheduled, it would not be fair to deprive visitors from being able to enjoy the garden because a wedding is being held at the Big Oak or at the pergola, which are two of the most scenic locations in Airlie. Parking is another item that must be considered. With large special events, there may not be enough spaces for visitors. Some of the policies may appear a little stringent, but they are needed to address the many issues that have to be considered. Commissioner Birzenieks asked Dr. Bruce Williams, Director of Cooperative Extension Services, what formula was used to arrive at the figures presented in the Wedding policy. Dr. Williams explained that a survey was performed on the cost charged by churches, private organizations, and other institutions for weddings held in the area. For example, if a wedding is limited to 300 people and the normal admission fee per visitor is $5.00, this would equate to $1,500. If this fee is reduced, the people attending the wedding would be able to see Airlie without paying as much as a visitor coming through the main gate. The results of the survey were presented to the Airlie Foundation and approved by the Foundation. Commissioner Birzenieks stressed the importance of everyone understanding that these policies were carefully reviewed and the fees outlined were in line with other similar gardens or organizations. Commissioner Davis also reminded the Board that the proposed policies can be changed if needed in the future; however, some policies had to be developed before scheduling weddings. Vice-Chairman Greer requested the Board to vote separately on Consent Agenda Item 2. Discussion of Consent Agenda Item 4, Resolution of Support for One-Cent Local Option Sales Tax Vice-Chairman Greer commented on Paragraph 4 and asked if the resolution should read local option sales tax. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 912 County Manager O'Neal responded that Paragraph 4 should read local option sales tax, and he stated this would be corrected. Commissioner Davis spoke on state and federal unfunded mandates, and he urged the Board to fully support a one-cent local option sales taxes to avoid increasing the property tax. He expressed appreciation to his fellow members of the Board for approaching the local legislators and members of the General Assembly about the enabling legislation. Commissioner Birzenieks agreed with Commissioner Davis and stated that many county residents do not realize that only 20% of the budget can be controlled by the Board of County Commissioners because of unfunded and underfunded state and federal mandates. All local governments should strongly oppose unfunded and underfunded mandates and let this fact be known to the United States Congress and North Carolina General Assembly. State and federal elected officials enact laws and programs without allocating funding to the local level. Then, they take credit for the successful programs that have been funded on the local level. County Manager O'Neal said that one-cent on the ad valorem tax rate will produce $1.5 million; whereas, one-cent on the sales tax will produce an estimated $18 million annually. With continued demands for service, this source of revenue would greatly benefit the taxpayers and New Hanover County. Discussion of Consent Agenda Item 7, Waterfront Grant Pre-Application Vice-Chairman Greer spoke on being concerned about placing water access along the northern side of Howe Creek off Middle Sound Loop Road if the residents in that area are not in favor of this action. He noted that if the community is in favor of the proposed water access, he would not have a problem with approving the filing of the grant application. Planning Director Hayes explained that the request is for filing a preliminary application and stated if the State is interested in pursuing the project, a Public Hearing would have to be held before water access could be granted. If the application is approved, Staff will come back with a full application. Chairman Caster requested a motion to approve the Consent Agenda with the exception of Item 2. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to remove Consent Agenda Item 2 and approve the remaining items on the Consent Agenda contingent upon adding the word, "option" to Paragraph 4 of the Local Option Sales Tax Resolution listed under Consent Agenda Item 4. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster called for a vote to approve Consent Agenda Item 2. Motion: Commissioner Davis MOVED to approve the Wedding Policy for Airlie Gardens. Commissioner Howell said that he would SECOND THE MOTION with reservations because some of the requirements are stringent and the wedding fees appear to be high. He noted that he felt this policy should be revisited in the future to be sure the fees are in line with other gardens of this type. Commissioner Birzenieks agreed with Commissioner Howell and stated the policy should be reviewed at a later date. Upon vote, the MOTION CARRIED by a 4 to 1 as follows: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Chairman Caster NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 913 Voting Nay: Vice-Chairman Greer CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Solid Waste Work Session Regular Meeting Regular Meeting February 17, 2000 March 27,2000 April 3, 2000 Approval of Wedding Policy for Airlie Gardens The Commissioners approved a Wedding Policy for Airline Gardens outlining the regulations including a license agreement. Weddings will not held before September 1, 2000, and the following fees will be charged: License Fee: $1,500 for wedding only $1,500 for reception only $2,250 for wedding and reception Damage Deposit: $300 refundable *Wedding Fee includes bridal portrait opportunity Bridal Portraits Only: $200 site fee is required. A copy of the policy is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 7. Adoption of Resolution to Award Contract # 00-0345 to Anchor-Richey EVS, Inc., for the Purchase of a Mini-Pumper Truck For the Myrtle Grove Volunteer Fire Station and Approval of Associated Budget Amendment #00-0150 The Commissioners adopted a resolution and approved the associated budget amendment to award Contract #00-0345 to Anchor-Richey EVS, Inc., in the amount of$155,000 to purchase a mini-pumper truck for the Myrtle Grove Volunteer Fire Station through the "piggyback" option pursuant to N.C.G.S. 143.129(g). The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 7. A copy of the contract is on file in the Legal Department. Budget Amendment #00-0150 - Fire Department Adjustment Debit Credit Fire Departments: Appropriated Fund Balance Contributions $106,500 50,000 Motor Vehicle Purchases $156,500 Explanation: To budget Special Fire District Fund Balance for purchase of mini-pumper for Myrtle Grove Volunteer Fire Department. The Myrtle Grove Volunteer Fire Department will contribute $50,000 from trade-in of a truck they currently own toward purchase of a new truck. The mini- pumper truck was requested in FY 2000-2001 Budget, but will be less expensive to purchase in the NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 914 current year. Adoption of Resolution to Request the N. C. General Assembly to Support an Additional One- Cent Local Option Sales Tax for New Hanover County The Commissioners adopted a revised resolution to request the N. C. General Assembly to support an additional one-cent point-of-origin sales tax for New Hanover County. Resources beyond the current ad valorem tax are needed to provide facilities and services to meet the demands of growth. The Chairman was authorized to write a letter forwarding the resolution to the local legislative delegation. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVI, Page 7. Authorization for the Health Department to Submit a Mini-Grant Application to the North Carolina Advisory Committee on Cancer Coordination and Control The Commissioners authorized the Health Department to submit a mini-grant application in the amount of $1,500 to the N. C. Advisory Committee on Cancer Coordination and Control to conduct skin cancer screenings. If the grant is awarded, the associated budget amendment will be presented to the Board for final approval. The funding will be used to conduct screenings at one of the local beaches and to purchase educational materials and incentives to distribute to people on the beach. Authorization for the Health Department to Submit a Grant Application to the North Carolina Healthy Start Foundation Community Grants Program The Commissioners authorized the Health Department to submit a grant application to the North Carolina Healthy Start Foundation Community Grants Program in the amount of $128,845 over a 2-year period. If the grant is awarded, grant funds in the amount of$85,000 will be budgeted for FY 2001 and $43,845 for FY 2002. The proposal includes start-up funding for two (2) Maternal Outreach Workers (MOW). The positions will be 100% self-supporting by the end of the grant period and the services will be reimbursed through Medicaid. MOW positions are community-based home visiting positions designed to help low income and at-risk pregnant women. Authorization for the Planning Staff to File a Grant Pre-Application to the N. C. Public Beach and Coastal Waterfront Access Program The Commissioners authorized the Planning Staff to file a grant pre-application to the N. C. Public Beach and Coastal Waterfront Access Program for a waterfront access grant. If the partial grant is approved, funds will be used to provide access along the northern side of Howe Creek off Middle Sound Loop Road. Acceptance of Tax Collection Reports Through March 31, 2000 The Commissioners accepted the following Tax Collection Reports through March 31, 2000, as submitted by the Collector of the Revenue, Patricia J. Raynor: New Hanover County Fire District New Hanover County Copies ofthe Tax Collection Reports are hereby incorporated as a part ofthe minutes and are contained Exhibit Book XXVI, Page 7. Approval of Internet Website Promotion The Commissioners approved spending $200 monthly to advertise the County's web site on GWIZ.com to help promote the County's Internet presence and the services provided by New Hanover County government. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 915 Authorization for the Environmental Management Department to Waive the Tip Fee for Greek Festival The Commissioners authorized the Environmental Management Department to waive the tip fee for the Eighth Annual Greek Festival sponsored by the St. Nicholas Greek Orthodox Church to be held on May 12 -14, 2000. Approval of Budget Amendment #00-0144 to Budget Increase in Revenue and Expense to Complete Work Related to Hurricane Floyd The Commissioners approved the following Budget Amendment: Budget Amendment #00-0144 - Hurricane Floyd Adjustment Debit Credit FEMA Revenue Contracted Services $500,000 $500,000 Explanation: To budget increase in revenue and expense to complete work related to Hurricane Floyd. Approval of Budget Amendment #00-0148 to Increase Budget to Actual Amount of OJJ Funding to be Received for Pathways The Commissioners approved the following Budget Amendment: Budget Amendment #00-0148 - Office of Juvenile Justice Adjustment Debit Credit Office of Juvenile Justice Funding Pathways $117,127 $117,127 Explanation: To increase budget to actual amount ofOJJ funding to be received for Pathways. Approval of Consolidated Contract Between the North Carolina Department of Health and Human Services and New Hanover County Health Department The Commissioners approved the consolidated contract between the North Carolina Department of Health and Human Services and the New Hanover County Health Department for the period from July 1, 2000 to June 30, 2001, and accepted the funding, which has already been projected in the Health Department's FY 2001 Revenue Budget Request. The Chairman was authorized to execute the contract documents. This Contract is renewed each year and is for the purpose of maintaining and promoting the advancement of Health in North Carolina. It sets forth the terms and conditions applicable for the activities carried out by the Health Department involving State funding. The total funding is $2,148,977 (1,224,430 in state grants, $924,547 in Title XIX (medicaid reimbursement) for services provided by the Health Department. PRESENTATION OF NEW HANOVER COUNTY EMPLOYEE SERVICE AWARDS County Manager O'Neal requested the following employees to step forward to receive service awards: Brad C. Gurganious Sheriff Department 5 years Jean P. McNeil Marla L. Hubbard Phylliss R. Reynolds Donna Willetts Health Department Social Services Social Services Social Services 10 years 10 years 10 years 10 years NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 Tony Roberts Jeffery Olson Wanda Coston BOOK 27 PAGE 916 Inspections Social Services Planning 15 years 15 years 15 years Dexter Hayes Planning 20 years On behalf of the Board, Chairman Caster presented service awards to each employee and expressed appreciation to them for their years of dedicated service. RECOGNITION OF NEW EMPLOYEES County Manager O'Neal requested the following new employees to stand and be recognized: Carolyn Allen, Health Department Carl Byrd, Human Relations Carey Gibson, Information Technology Bonnie Barkand, Information Technology Elizabeth Mack, N. C. Cooperative Extension Service David Luedeke, Parks Department Johnnie White, Parks Department Geneva Lacewell, Tax Department Willis (Bud) Baker, Veteran's Services On behalf of the Board, Chairman Caster welcomed the new employees to County government and he wished them success in their new positions. PRESENTATION ON SCHOOLS MAINTENANCE PROGRAM Mr. George W. Hance, Assistant Superintendent of Schools, expressed appreciation to the Board for being able to present an update on the maintenance and capital improvement programs for New Hanover County Schools. He said that Mr. Terry Perkins, Director of Maintenance, Ms. Vonnie Koonce, Director of Technology, and Mr. Eddie Anderson, Director of Facility Planning, will be making presentations on the responsibilities of these departments. Mr. Terry Perkins, Director of the Maintenance Department, presented the following facts and figures regarding the Maintenance Department: Total Occupied Square Feet 36 sites 84 mobile classrooms Classrooms Media Centers Auditoriums Kitchens Total Acres Parking Lots Play Grounds Athletic Fields Heating & Cooling Systems Chillers Cooling Towers Boilers Air Handling Units Packaged Units Condensing Units Wall Hung Units Window Units Unit Heaters 2,510,546 2,446,034 sq. ft. 64,512 sq. ft. 1,214 34 10 33 678 1,185,565 sq. ft. 44 27 2,259 4 7 24 318 181 188 206 670 157 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 917 Water Coolers Ventilation Fans Close Loop Systems Circulating Pumps 278 181 11 34 Currently, the Maintenance Department is comprised of 60 employees, and the operating budget is over $4 million. The scope of work is to maintain buildings, equipment, and grounds and to ensure compliance with federal, state, and local agencies to include OSHA and EP A regulations. The total work requests have increased 18% over the past year and these work orders have been completed within a 10-day period. In closing, Mr. Perkins offered to answer any questions. Ms. Vonnie Koonce, Director of Technology, reported that the department was responsible for computers in the classrooms and administrative areas, networks, communication devices, electronic repairs on high tech equipment, and maintenance of copier systems. The Technology Department also provides training and support for all employees ofthe New Hanover County School System. This department is comprised of 24 employees. Approximately 99% of the 1994 bond proceeds have been spent. A majority of bond proceeds were used to implement the network infrastructure for the schools and place computers in classrooms. Approximately $7,040,000 of 1997 bond proceeds have been used to continue placement of computers in classrooms and expand the network infrastructure. At this point, all instructional labs are connected to the network and all schools have Internet access. The department is in the process of working closely with the Maintenance Department for electrical retrofitting to add more devices. A majority of capital funds were used to prepare for the Year 2000, which was successful. The 1997 bond proceeds will be used to continue to place computers in the classroooms. In addition to placing and planning the equipment, the department is responsible for work orders. As of this date, 3,700 work orders have been completed. There are over 6,000 computer systems supported in classrooms with four computer technicians. There is one A/V Electronics Technician who is responsible for 3,500 different types of cameras and video devices. Currently, the telecommunication devices include the telephone systems for the schools as well as pagers, cell phones, and hand-held radios. New phone systems will be installed into 13 schools within the next 6 months, which will provide a phone to every classroom. In closing, Ms. Koonce reported on attending a meeting with representatives from the 10 largest school districts in North Carolina. All attendees were requested to provide the following information and the New Hanover County School System far exceeded many other school systems throughout the State. 1. Eighth graders who pass the computer proficiency exams 82% 2. Schools connected to a district data network 100% 3. Schools with all classrooms cabled for network access 82% 4. Schools with closed circuit TV access in all classrooms 82% 5. Libraries which are automated 100% 6. Schools that have speed connection to district network 12% 7. Ratio of students to current computer standard 5.2 to 1 8. Teachers with Internet e-mail 50% 9. School Admin. Offices with network computers on WAN Network 100% 10. Resources to replace obsolete computers Limited 11. Consolidated district technology help desk None 12. Year 2000 preparation Complete In closing, Ms. Koonce offered to answer any questions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 918 Mr. Eddie Anderson, Director of Facility Planning, reported that the department manages capital improvements funded through bonds. The department is also responsible for long-range facility planning. He advised that since the 1994 Local Bond Referendum, 1996 State Bond Referendum, and 1997 Local Bond Referendum, the School System has planned for capital improvements in the amount of $190.6 million. These funds have been used for the following projects since 1994: New Construction Renovations & Additions Roof Replacement ADA Improvements Technology Improvements Athletic Improvements Land Acquisition Total $ 98,628,017 49,109,648 7,208,742 4,935,240 15,734,719 8,001,960 7,026,000 $190,644326 51.73% 25.76% 3.78% 2.59% 8.25% 4.20% 3.69% The 1994 bond program is 99% complete. Renovations and ADA Improvements at Lakeside High School are under contract and will be completed by August,2000. Athletic practice facilities for New Hanover High School and Williston Middle Schools have been advertised for bid. Work is expected to begin within the next 45 days. The 1996 State bond program was divided into four expenditure years. The first two years of the program are complete, and the School System is in the third year. Projects for this year are completing design and/or bidding in preparation for construction to begin immediately following the end of the school year. The fourth year of the program will begin with the designer selection in the fall of2000. The 1997 bond program is well underway. All new schools, including Ashley High School, Murray Middle School, Freeman Elementary School and Parsley Elementary School are under contract for construction. Renovations and additions are underway at Snipes Elementary School, Hoggard High School, Laney High School, New Hanover High School, and Williston Middle Schools. Mr. Anderson advised that currently there are contracts for construction projects that total over $65 million. This figure is expected to increase to over $80 million by the end of the year. Last month, $3.5 million invoices were processed and over $5 million is anticipated for next month. The total amount under contract and the amount invoiced monthly is expected to decrease after August of this year as projects are completed and new facilities are opened. In closing, Mr. Anderson reported that all school systems are required to maintain a 10- Year Plan for long-range planning. This plan is a prioritized list of facility needs, including new construction, renovations, and additions to be completed throughout the district. The current 10- Year Plan was developed in 1997 and the Administrative Staff is in the process of updating the plan. The current 1 0- Year Plan identified approximately $500 million in capital improvements needs, which includes the first phase funded through the 1997 bond referendum. The first phase focused primarily on new construction. Future phases of the plan will focus more on renovation of existing facilities. A video was shown of V eterans Park and how the project will look after it is completed. Mr. Anderson offered to answer any questions. In concluding the presentation, Superintendent Morris advised that he was proud of the accomplishments being made by the Maintenance Department, Technology Department, and Facility Planning Department. Many improvements have been made to the schools and the number of construction projects are moving along as scheduled. He requested the Commissioners to study the facts and figures presented in the information packet so they will better understand the proposed School Budget. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 919 Commissioner Birzenieks commented on the $9 million of ADA compliance improvements and he requested an explanation of why Codington and Eaton Elementary Schools were out of compliance since they are relatively new schools. Mr. Anderson responded that the surface on playgrounds had to be changed and curbs and ramps had to be installed for wheelchair access, which was not required when Codington and Eaton Elementary Schools were constructed. He advised that ADA regulations constantly change and the federal government is now looking at guidelines for playground equipment, which could be another change that will apply to new and older schools. Commissioner Birzenieks asked if any funding was received from the federal government for compliance to the ADA changes. Mr. Anderson responded that no funding was received. Commissioner Birzenieks stated this was another example of an unfunded federal mandate. Chairman Caster, on behalf of the Board, expressed appreciation to the Administrative Staff for presenting an informative presentation on the school maintenance, construction, and renovations. STATUS REPORT ON DRAINAGE PROJECTS County Engineer, Wyatt Blanchard, reported on the status of the following projects: Runnymeade: The N. C. Department of Correction has completed one section. A majority of work has been finished in Runnymeade; however, the project cannot be completed until all easements have been obtained. Heritage Park: Meetings are being held with residents about re-routing the water across from the Airport instead of through Heritage Park. Staff is checking into this possibility and will know more after further study is completed. Walnut Hills: The work has been completed in sections where the easements have been obtained. Staff is continuing to work on securing easements for the remaining sections. Other Projects: Work is being performed in five more areas: (1) Prince George; (2) Rockhill; (3) Castle Hayne; (4) Marquis Hills; (5) Land End Subdivision; and (6) areas in Kings Grant. Applications have been filed to receive authorization from the Corps of Engineers to perform the work. Once responses are received from the permitting agencies, work will begin on these projects. Commissioner Birzenieks asked how many snag and drag teams were working on drainage projects. County Engineer Blanchard responded only one team was working at Runnymeade. He advised that more easements have to be obtained to complete the other projects. Commissioner Howell commented on the drainage problem at Hidden Valley and stated since the property owners are in litigation, the County cannot proceed with any work until a decision has been rendered by the Court. However, it appears that one solution to this problem will be installing a larger pipe under Masonboro Loop Road and removing debris from the outfall. He said this work will require assistance from the North Carolina Department of Transportation, and he asked if the Department of Transportation should be contacted to begin the necessary planning to proceed with the work once the lawsuit has been resolved. County Engineer Blanchard responded that he would be glad to contact Mr. David Thomas at the Local DOT Office about this process. Commissioner Davis asked when the Board will be receiving draft drainage regulations prepared by W. K. Dickson, Inc. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 920 County Engineer Blanchard responded a draft copy of drainage regulations should be presented to the Board in May. BREAK Chairman Caster called a break from 10:05 a.m. until 10:22 a.m. APPROVAL OF REQUEST TO REESTABLISH THE SOLID WASTE ADVISORY BOARD Director of Environmental Management, Ray Church, reported that in accordance with the resolution adopted on November 17, 1997, the Board of County Commissioners should dissolve the current Solid Waste Advisory Board and re-establish a new Citizens Solid Waste Advisory Board. This organization should include two City representatives, three representatives from the beach towns, members at-large, one County Commissioner, and one or more ex-officio members from the solid waste hauling industry. The number of voting members should be limited to nine members. Discussion was held on the responsibilities ofthe Solid Waste Advisory Board. Commissioner Davis asked if this Advisory Board would be charged with development of a user fee system under a county-wide garbage collection system similar to the Charleston plan. Director Church responded that the Advisory Board would focus on the development of a user fee system. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt a resolution to establish a new Citizens Solid Waste Advisory Board comprised of nine members as outlined in the resolution and to dissolve the current Solid Waste Advisory Board. 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 XXVI, Page 7. APPROVAL UPON THE FIRST READING OF AN AMENDMENT TO THE NEW HANOVER COUNTY CODE, CHAPTER 13, SECTION 2, PARKS ORDINANCE REGARDING PETS IN COUNTY PARKS Parks Director, Neal Lewis, presented a draft amendment to the Parks Ordinance to include the following rules regarding pets in County Parks: 1. Dogs and pets must be on a leash and under control at all times. 2. Dogs and pets are prohibited from entering any park building (restrooms, community centers, etc.) 3. Dogs and pets are prohibited from any established athletic field or court (i.e., baseball/softball fields, fo otb all/ soccer fields, tennis courts, basketball courts). 4. Dogs and pets are prohibited within 50 feet from any children's playground. 5. Dogs and pets are prohibited within 50 feet of any concession or vending area. 6. Dogs and pets are prohibited for any mass gathering, identified as any planned gathering of 200 or more people. 7. The owner or person in charge of a dog or pet on a County Park is responsible for removing feces or other litter left behind by that animal. 8. The owner or person in charge of a dog or pet on County Parks is subject to Section 14-3, "Authority of Parks Director to Eject Disorderly Persons," and Section 13-5 "Penalty for Violation of Chapter" as outlined in the New Hanover County Code. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 921 9. Paragraphs 2, 3, 5, and 6 of these rules do not apply to assistance dogs accompanying persons with disabilities. Parks Director Lewis stated ifthe amendment is approved, this will allow for a designated pet exercise area to be established in Hugh MacRae Park. There is concern about the proximity of the designated pet area to South College Road. After discussion ofthis issue with the Legal Department, it is felt that signs can be posted to make the public aware of designated pet exercise areas in lieu of using a fence around these site. Vice-Chairman Greer commented on the need to have a designated area where people can run their dogs in a safe location, and he suggested using the area between the loop and ball park instead of the proposed South College Road site. Parks Director Lewis agreed with Vice-Chairman Greer and said this would probably be a safer area. He said if the ordinance is adopted, it will allow for designated pet exercise areas to be located in other parks. A drawing was presented showing where sites could be located in Ogden Park. Discussion was held on whether the City Ordinance would have jurisdiction over the County Ordinance in Hugh MacRae Park. County Attorney Copley said since the City has a leash law, it would be wise to check into the legal aspects of the proposed amendment pertaining to a designated pet exercise area. After further discussion, the County Attorney was requested to check into the legal aspects involved with establishing a designated pet exercise area within the City Limits and report back to the Board. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve the amendment to the New Hanover County Code, Chapter 13, Section 13-2 as amended with a correction to Section 5 from 100 feet to 50 feet. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 7. The ordinance will be codified into the New Hanover County Code. CONSIDERA TION OF STATE WATER SAMPLING AND WELL INSPECTION SURVEY PROGRAM Health Director, David Rice, reported that the Executive Committee and Board of Health have unanimously voted to approve the Water Sampling and Well Inspection Survey Program. This action was taken because of the growth and demand for services. In FY 1995, the total inspections were 3,352 and by FY 1999, this number had increased to 4,076. This has greatly increased the workload of the Environmental Health Division. Funding will be provided for the Water Sampling and Well Inspection Survey Program from the N. C. Department of Environment and Natural Resources, Division of Environmental Health. This department has been conducting a study of drinking water quality to determine the impact of flooding on private drinking water supplies in eastern North Carolina. The Department of Environmental and Natural Resources will contract with local health departments to re-sample drinking water wells testing positive for coliform bacteria after Hurricane Floyd. Health departments that participate will collect samples of coliform and nitrate for analysis and also be required to evaluate well construction and location. Once the samples have been documented, the property owners will be notified oflaboratory results. Local health departments will be reimbursed $150 by the N. C. Department of Environmental and Natural Resources for each well sampled and surveyed. The property owners will not be charged for testing the drinking water. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 922 In New Hanover County, there were 383 private drinking water supplies that tested positive for coliform bacteria after Hurricane Floyd. This figure represents 25% of total water quality samples. The reason for this large percentage was due to the flooding after Hurricane Floyd. The revenue earned by the Health Department from participating in the program is projected at $65,250. These funds will be used to hire an Environmental Health Specialist and Clerical Specialist. Both positions are proposed in the Health Department Budget for FY 2000-2001. In concluding his remarks, Director Rice requested the Board of County Commissioners to approve allowing the Health Department to participate in the study and earmark the $65,250 to hire the two new positions recommended in the FY 2000-20001 budget, contingent upon award of the grant. Commissioner Davis asked what will happen to the two positions if the grant is awarded and later funding is not provided by the N. C. Department of Environmental and Natural Resources. Health Director Rice responded that if grant money stops and money cannot be found locally to fund the positions, the jobs will be eliminated. Vice-Chairman Greer suggested contracting out this service instead of spending money to fill two new positions, provide office space and equipment when the positions will be eliminated if State funding is stopped. Health Director Rice responded that if the Health Department does not participate in the program, other surrounding counties will be willing to provide this service to New Hanover County; however, an Environmental Health Specialist is needed at the Health Department to inspect the wells. Vice-Chairman Greer said a testing firm could be hired to perform the testing without having to fill two new positions. Environmental Health Director, Diane Harvell, explained that all samples will be submitted to the State Laboratory for testing. The new positions are needed to meet the demands of growth in the community, particularly with restaurant inspections. Participation in this program will allow the Health Department to participate in the program and at the same time hire two positions that are needed to handle increased inspection services. County Manager O'Neal advised the proposed program is a one time funding arrangement with the State; therefore, Staff feels this service can be contracted to a qualified firm. He commented on being unaware that additional positions were needed in the Environmental Health Division, and he stated the best approach was to consider funding these positions during the budget process. Health Director Rice advised that he was aware of budget constraints for the next fiscal year, and Staff felt the two positions could be funded for one year and then considered for permanent funding during FY 2001-2002. Chairman Caster stated if the two positions are needed in the Environmental Health Division, the positions should be justified through the budget process. Chairman Caster called for a motion. Motion: Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to establish a water sampling program as presented and earmark $65,250 for two Environmental Health Positions with the understanding that if grant funds are eliminated, the two positions will have to be reviewed during the next budget process. Substitute Motion: Vice-Chairman Greer made a SUBSTITUTE MOTION, SECONDED by Commissioner Howell, to authorize the Health Department to apply for the grant and to hire one Environmental Health Specialist as a permanent position because of the increased workload. Upon NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 923 vote, the SUBSTITUTE MOTION FAILED as follows: Voting Aye: Vice-Chairman Greer Commissioner Howell Voting Nay: Commissioner Birzenieks Commissioner Davis Chairman Caster Chairman Caster called for a vote on the original motion. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF REQUEST FOR MATCHING FUNDS FOR GOVERNOR'S CRIME COMMISSION GRANT Dr. Darrell D. Irwin reported that UNCW was applying for a grant to conduct a study of the effectiveness of the Wilmington Gun Violence Reduction Project. The grant requires a local match of $17,970. UNCW is requesting the County to cover of the match requirement in the amount of $4,492 and the City of Wilmington will be requested to provide $4,492. Since the grant will be for FY 2000-2001, the funds should be budgeted in next year's budget. Discussion followed on how this program will be effective. Dr. Irwin explained that the proposed study will use locally developed data from police records, court records and surveys to identify the underlying nature of violent crime in Wilmington and the sociological correlation of violence within the community. Additionally, the study will evaluate and examine the relationship among guns, drugs and violence in the community as well as investigate the impact of a violence reduction initiative in the area's crime rate and the levels of community involvement. With Wilmington's crime rate being double the State average and the number of gun related crimes continuing to rise, the scale of violence is disturbing, particularly homicides related to drugs. During the study interviews will be conducted with targeted individuals and at-risk individuals to evaluate their knowledge and perceptions of continuation of violent behavior. Further study will be performed on strategies that can be used to reduce violence in the community. The success of the program will depend on the level of involvement by the community and the commitment of the community to make changes. Commissioner Davis asked why this funding was not being considered as a budget request from outside agencies. Deputy County Manager Atkinson advised that UNCW has received tentative approval ofthe grant, but the University must be sure the local match can be met by the City of Wilmington and New Hanover County for submission of the grant application. Commissioner Birzenieks expressed concern for not considering this funding request along with other outside agency budget requests. He suggested funding the match from the current fiscal year budget in order to be fair to other agencies. Chairman Caster expressed concern for not being aware that a violence reduction initiative was taking place in New Hanover County. He said that he was not aware that Sheriff McQueen was part of the program. Dr. Irwin responded that Sheriff McQueen was a member of the Wilmington Partnership to Cease Firearm Violence, which is a combined federal, state, and local effort. A Memorandum of Understanding was just signed at the Federal Courthouse with participating agencies that include the FBI, DEA, U. S. Marshal, Sheriff McQueen, and Wilmington Police Chief. Vice-Chairman Greer said he was not aware of the project and stated from the number of people arrested and placed in the County jail, it is obvious that crime needs to be reduced in the community. He commended UNCW for initiating a program to study ways to reduce violent crime, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 924 but stated that taxpayers should not have to contribute funding to perform this study. He said if the grant funds were being used to hire additional law enforcement officers, he would not be opposed to the program. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to deny the funding request. Commissioner Birzenieks advised that under the Richmond model, any person caught with an illegal gun was sentenced and transported to a federal prison for five years because the federal law had been broken. He asked why this procedure cannot be used in New Hanover County. Dr. Irwin said that the U. S. Attorney was involved with the program and is in the process of moving gun offense cases out of the State Court System to the Federal Court System, which will allow this type of enforcement to occur. The core of the project is to arrest the 25 most violent gun offenders in Wilmington. The study will help to identify the offenders. Substitute Motion: Commissioner Birzenieks MOVED, SECONDED by Chairman Caster to approve a local match of$4,492 to be allocated from the unappropriated fund balance in the current fiscal year for UNCW to submit the Governor's Crime Commission Grant to implement the Wilmington Gun Violence Reduction Project in New Hanover County. Commissioner Howell WITHDREW HIS SECOND to the original motion. The ORIGINAL MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman Caster called for a vote on the SUBSTITUTE MOTION. Commissioner Davis strongly objected to approving funding for an outside agency without going through the regular budget process. Upon vote, the MOTION CARRIED by a 3 to 2 vote as follows: Voting Aye: Commissioner Birzenieks Commissioner Howell Chairman Caster Voting Nay: Commissioner Davis Vice-Chairman Greer MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11 :30 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 11 :35 a.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Adoption of Resolution to Request the Attorney General and Secretary of Health and Human Services to Investigate Delays in Processing of Fingerprint Studies for the Adoption of Children in Permanent Placements Chairman Caster requested the Board to adopt a resolution similar to the one adopted by the Board of Social Services to request the Attorney General and Secretary of Health and Human Services to investigate the causes of delay in processing fingerprint studies that hold up the adoption of children in permanent placements. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt the resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17,2000 BOOK 27 PAGE 925 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 7. Adoption of Open Space and Parks Bond Resolution Vice-Chairman Greer commented on the last paragraph and asked the County Attorney ifthe Board can urge the citizens to vote for the bond referendum as written in the resolution. County Attorney Copley responded that the Board cannot spend money to support the bond referendum, but the Commissioners can support the issue. Commissioner Howell suggested placing a period after May 2, 2000 in the last paragraph of the resolution. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt the amended resolution placing a period after May 2, 2000, in the last paragraph. 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 XXVI, Page 7. Announcement of Scheduled Meetings Chairman Caster announced that the following meetings have been scheduled: (1) Board of Equalization & Review Meeting, May 1, 2000 at 9:00 a.m., Assembly Room, New Hanover County Courthouse; (2) Joint Meeting with Airport Authority, May 5, 2000 at 7:30 a.m., 2nd Floor Conference Room, Wilmington International Airport; and Joint Consolidation Meeting with Wilmington City Council, May 10, 2000, at 5:30 p.m., Council Chambers, City Hall. Discussion of Staff Meetings Chairman Caster commented on the need to hold the Thursday Morning Staff meetings to discuss items on the agenda. The Clerk to the Board was requested to try to schedule a Staff meeting on Friday or Wednesday, if some members of the Board are out of town on a particular Thursday. ADJOURNMENT Motion: Commissioner Davis MOVED, SECONDED by Commissioner Howell, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSL Y. Chairman Caster adjourned the meeting at 11:40 a.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board