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2003-01-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 21, 2003PAGE 471 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, January 21, 2003, at 10:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Ted Davis, Jr.; Commissioner Julia Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Vice-Chairman Greer was not was present because he was attending a Homeland Security Task Force meeting of the National Association of Counties in Washington, D. C. Chairman Davis called the meeting to order and welcomed everyone present. He requested persons with cell phones or pagers to cut off the equipment to prevent being disruptive during presentations and deliberations by the Board of County Commissioners. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew J. Atkinson, gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. Chairman Davis announced that Items 5.1 and 5.2 have been postponed until the February 17, 2003, meeting because Vice-Chairman Greer had to be out-of-town and could not attend the meeting. The text amendments to incorporate the proposed changes recommended by the Unified Development Ordinance Oversight Committee and changes to the Zoning Ordinance regarding density calculations and revisions to Performance Residential Developments will be considered by the Board at that time. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent Agenda. Chairman Davis requested the minutes of the Closed Session of October 7, 2002, and August 19, 2002, be removed and resubmitted. Commissioner Pritchett requested further discussion of Consent Agenda Item 4. Commissioner Caster requested further discussion of Consent Agenda Items 5 and 10. Chairman Davis requested further discussion of Consent Agenda Items 6 and 7. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 4, A LEASE AGREEMENT WITH THE BOARD OF EDUCATION Commissioner Pritchett advised that she had requested a definition of “outdoor facilities” on Page 7, Line 2, of the lease agreement since the Landlord (County) is responsible for maintenance and utilities of athletic fields, grounds, and outdoor facilities of the premises as provided by the agreement. She stated that she had not received a definition of outside facilities and could not vote on the lease without knowing the meaning of the term. Deputy County Attorney Kemp Burpeau responded that after discussion with Mr. Wayne Bullard, Attorney for the Board of Education, he indicated that one possible definition would be to include ballfields, parking, and associated improvements within the definition of outside facilities. Mr. Bullard also noted that another definition would be whether the County intended to have any use of playgrounds directly adjacent to the schools that were not regular ballfields, which would expand the scope of the definition. The Board of Education would be receptive to a definition that includes ballfields, parking, and associated improvements related to ballfields. He explained that New Hanover County will perform the maintenance of everything outside the footprint and the immediate perimeters of the buildings. Commissioner Pritchett advised that her concern was not for use of the facilities, but for maintenance of the facilities. Commissioner Caster agreed with the concern expressed by Commissioner Pritchett and requested Staff to clearly define the meaning of outside facilities in the lease agreement to prevent problems with maintenance in the future. Assistant County Manager Dave Weaver advised that New Hanover County would be responsible for maintenance of structures that are built under County contracts and the Board of Education would be responsible for structures built under School contracts. All grounds maintenance will be the responsibility of the County. For example, if the Pop Warner Football League uses the field house for a tournament, the County would clean up the field house after the tournament, but it would not be responsible for any damages to the field house that could require painting or repairs. Commissioner Pritchett suggesting adding additional language under this section of the lease agreement on Page 7 to clearly say that New Hanover County will be responsible for maintenance of structures that are built under County contracts. Chairman Davis agreed with the additional language and stated that after meeting several times with Mr. Steve Bilzi, Chairman of the Board of Education, the relationship between the County and School System has greatly NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 21, 2003PAGE 472 improved. An Oversight Committee will be established to control the activities at Veterans Park with representation from the School System and County, including the Board of County Commissioners. Any recommendation made by the County or School System will have to be reviewed by this committee for a recommendation. This process will provide an open line of communication between both boards and members of administrative staffs. After hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to approve the lease agreement with the Board of Education subject to additional language saying that New Hanover County will maintain structures built under County contracts and the Board of Education will maintain structures built under School contracts. Upon vote, the MOTION CARRIED 4 to 0. DISCUSSION OF CONSENT AGENDA ITEMS 5, 6, AND 7 Chairman Davis requested an explanation of the statement under Item 5 saying that the local cash match for both grant years will be funded from General Fund/Contingency funds; Item 6 saying that the grant will not fund positions, only equipment; and Item 7 saying that after the grant period ends, the project could be continued by the Sheriff’s Office through the County budget process. Deputy County Manager Atkinson referenced Consent Agenda Item 5, the Cybercrime Project Safety 2003 Grant, and stated this was the only grant that funded positions out of Items 5-7. If the grant is received, the Cybercrime Unit will be established for a 24-month period and when this term expires, the Board of County Commissioners will have to decide if the County should continue to fund the positions. County Manager O’Neal informed the Board that his recommendation on this agenda item said if the grant is awarded, this does not insure that funding will be continued for the positions. Deputy County Manager Atkinson referenced Consent Agenda Items 6 and 7, and said there could be some continued training and operating expenses; however, these items can be covered in the adopted budget for the Sheriff’s Department. Commissioner Pritchett noted that the funding source refers to one new position and the explanation says that grant funds will be used for two new detective-investigator positions. She asked if this means that the Sheriff will promote internally. Lieutenant Rhonda Smith responded that a typo was made under the funding source and stated it should have read two positions instead of one position. She explained that two regular deputies would be promoted to the rank of detective under the program and two new deputies would be hired to fill those positions. Commissioner Boseman asked if the program will deal with identity thief and child pornography. Lieutenant Smith responded that the two detectives under this program will be trained to deal with identity thief, child pornography and internet stalkers. Commissioner Caster expressed concern for the Board of County Commissioners making a decision about whether the two detective positions should be funded when this is the responsibility of the Sheriff. County Manager O’Neal explained that the Commissioners are responsible for deciding on whether grant positions should be continued when the money is no longer received. In the past, the Sheriff’s Department has been able to find revenue in its budget to continue programs or fund grant positions. However, the number of positions funded by the County must be approved by the Board of County Commissioners. DISCUSSION OF CONSENT AGENDA ITEM 10, GOVERNOR’S CRIME COMMISSION GRANT FOR PREVENTION AND INTERVENTION Commissioner Caster asked if Snipes School was the only school where the prevention and intervention program would be implemented. Deputy County Manager Atkinson responded that the program would only be implemented at Snipes Schools; however, if the program is successful, it will probably be implemented in other schools. Commissioner Caster referenced Page 156 and stated it refers to 40 low income at-risk City and County youth, and he reminded everybody that all residents live in the County. He also pointed out that further down the page the program refers to County neighborhoods, which could be a confusing term. Hearing no further comments, Chairman Davis called for a motion to approve Item 1 on the Consent Agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to remove the minutes of the Closed Sessions held on August 19, 2002 and October 7, 2002, with approval of the other sets of minutes as presented. The minutes for the Closed Sessions are to be resubmitted at a later date. Upon vote, the MOTION CARRIED 4 TO 0. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to approve Consent Agenda Items 2, 3, 5, 6, 7, 8, 9, 10, 11.1, 11.2, 11.3, 11.4, and 11.5 as presented. Upon vote, the MOTION CARRIED 4 TO 0. CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 21, 2003PAGE 473 Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Closed Session, May 21, 2002 Solid Waste Work Session, June 12, 2002 Budget Work Session, June 13, 2002 Closed Session, June 17, 2002 Continued Meeting of June 17, 2002 held on June 19, 2002 Closed Session, June 19, 2002 Special Meeting, June 21, 2002 Closed Session, June 21, 2002 Closed Session, July 8, 2002 Closed Session, September 16, 2002 Closed Session, October 21, 2002 Work Session, Mason Inlet Relocation Project, November 7, 2002 Work Session, Tourism Development Authority, November 21, 2002 Closed Session, November 25, 2002 Authorization for the Department of Aging to Apply for a Medication Management Grant The Commissioners authorized the Department of Aging to apply for a Medication Management Grant in the amount of $31,666 for senior adults who are seeking access to free and/or low cost prescription drugs. If the grant is awarded, the County Manager is authorized to accept the grant and approve the related budget amendment. The grant, supported by the N. C. Health and Wellness Trust Fund, will pay for a temporary staff person to research prescription medication programs, assist with the application process for medication, and network with area physicians and pharmacists to discuss drug contraindications and duplicate therapies. The grant does not require matching funds and is renewable for two years based on acceptable performance. The County is under no obligation to fund the position if grant monies are not available. Adoption of Resolution Approving Contract #03-0161 with Babcock & Wilcox Volund ApS for Grate Replacement Parts The Commissioners adopted a resolution approving Contract #03-0161 with Babcock & Wilcox Volund ApS in the amount of $17,472.34 as a sole source purchase pursuant to N.C.G.S.143-129(f) to replace parts needed to complete scheduled maintenance to the existing Volund burning unit. The County Manager was authorized to execute the contract documents. This company holds all the drawings and specifications to these parts. The current order is for only $17,472.34, but the contract establishes fixed unit prices for the next three years. This will enable replacement parts to be purchased on an as needed basis with controlled pricing for three years. Funding has been included in the approved budget for FY 2002-2003. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 6.1. Approval of Request by Sheriff’s Department to Apply for Cybercrime Project Safety 2003 Grant The Commissioners authorized the Sheriff’s Department to apply for a Cybercrime Project Safety 2003 Grant for a 24-month grant period as follows: Grant Funding for First Year: The grant funds received will fund 2 new detective-investigator positions including benefits, travel, supplies, and equipment for a total budget of $155,207.72 with $116,405.79 in federal funds and a local match of $38,801.03. Grant Funding for the Second Year: The grant funds received will fund personnel ( the 2 positions) and benefits, travel, supplies, and equipment for a total budget of $109,961.72 with $82,471.29 in federal funds and a local match of $27,490.43. The local match will be funded from the General Fund/Contingency funds. Authorization for the Sheriff’s Department to Apply for the A.E.D. (Automatic External Defibrillators) Project Safety 2003 Grantfrom the Governor's Crime Commission The Commissioners authorized the Sheriff’s Department to submit a grant application in the amount of $24,950.00 with $18,712.50 from federal funds and a local match of $6,237.50 that will be paid from Federally Forfeited Property funds. Grant funds will be used to purchase 10 additional defibrillators which will allow for one unit to be placed in each patrol vehicle. These funds can only be used to purchase equipment, not to fund positions. Authorization for the Sheriff’s Department to Apply for a HAZMAT/WMD (Hazardous Materials/Weapons of Mass Destruction) 2003 Grant from the Governor's Crime Commission The Commissioners authorized the Sheriff’s Department to submit an application in the amount of $33,447.00 for a HAZMAT/WMD 2003 grant from the Governor’s Crime Commission to purchase equipment that will enable the Sheriff’s Department to have a regional response team for hazardous materials/weapons of mass destruction incidents. Federal funding will be received in the amount of $25,085.25, and the local match of $8,361.75 will be paid from Federal Forfeited Property funds. The project operation will consist of ordering and issuing equipment, maintaining the equipment, and training deputies to use the equipment. These funds can only be used to purchase equipment, not fund positions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 21, 2003PAGE 474 With high level targets involving chemical agents and nuclear risks, such as Corning, PPD, Applied Analytical, Occidental Chemical, General Electric, the Brunswick Nuclear Plant and Sunny Point Military Ocean Terminal, there is an urgent need to apply for the HAZMAT/WMD grant. Acceptance of Tax Collection Reports Through December 31, 2002 The Commissioners accepted the following Tax Collection Reports through December 31, 2002, as submitted by the Collector of the Revenue, Patricia J. Raynor: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVIII, Page 6.2. Release of Values - Tax Department The Commissioners released late listing penalties for the following taxpayers as recommended by the Tax Administrator since it was their first offense: Country Cobbler, LTD $ 133.24 Rivenbark, Frank Alan $ 7.66 Seacoast Realty, Inc. $ 39.72 Thompson, Michael & Kathleen $ 20.71 The Commissioners approved delinquent applications for exemption from the property tax for the following organization as recommended by the Tax Administrator: New Covenant Holiness ChurchR05410-023-011-000 Authorization for the County to Submit a Grant Application for a Governor's Crime Commission Grant for the Prevention and Intervention Program The Commissioners approved the filing of a grant application in the amount of $362,308.27 to continue the second year of the Prevention and Intervention Program administered by the Juvenile Day Treatment Program. Grant applications must be filed with the State by January 31, 2003. The grant request is reviewed by the JCPC /CJPB to insure it meets the criteria for services needed in New Hanover County. The attached grant was approved at the JCPC/CJPB meeting on January 11, 2003. No county funds are required. Approval of Budget Amendment #03-0101-Human Service Transportation The Commissioners approved the following Budget Amendment: Budget Amendment #03-0101-Human Service Transportation Adjustment Debit Credit General Public Allocation $39,936 Contracted Service-Gen. Public $39,936 Explanation: To increase the budget for discretionary Rural General Public funds awarded to New Hanover County for FY 2002-2003. Approval of Budget Amendment #03-0104-Sheriff-Uniform/Patrol The Commissioners approved the following Budget Amendment: Budget Amendment #03-0104-Sheriff-Uniform/Patrol Adjustment Debit Credit Sales of Fixed Assets$21,000 Motor Vehicle Purchases $21,000 Explanation: To budget the proceeds from the sale of a surplus tandem truck and trailer to allow for the purchase of an additional vehicle. Approval of Budget Amendment #03-0105-Social Services/Share the Care The Commissioners approved the following Budget Amendment: Budget Amendment #03-0105-Social Services/Share the Care Adjustment Debit Credit Share the Care$20,000 Share the Care $20,000 Explanation: To budget funds to establish a new child day care program called Share the Care. This program is administered by Partnership for Children and is private money contributed for children's day care. No additional County dollars are required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 21, 2003PAGE 475 Approval of Budget Amendment #03-0107-Emergency Management The Commissioners approved the following Budget Amendment: Budget Amendment #03-0107-Emergency Management Adjustment Debit Credit Hazard Materials Technical Assistance Grant$7,600 Contracted Services $7,600 Explanation: To budget the grant received from N.C. Department of Emergency Management. The application was approved by the Commissioners at the October 21, 2002 meeting. The funds will be used to continue funding the services of Jeff Babb. Approval of Budget Amendment #03-0108-Human Relations The Commissioners approved the following Budget Amendment: Budget Amendment #03-0108-Human Relations Adjustment Debit Credit HUD Grant $10,000 Contracted Services $10,000 Explanation: To increase the budget to the actual amount of the HUD grant for FY 2002-2003. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager O’Neal requested the following employees to step forward to receive retirement plaques: Norma B. Davis, Health Department 28 years of service Marion E. Taylor, Sheriff's Department 15 years of service Linda P. Alston, Register of Deeds22 years of service On behalf of the Board, Chairman Davis presented retirement plaques to each employee and 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: FIVE YEARS: Rodney A. Conatser - Inspections Department Richard D. Mintz - WASTEC Carmen G. Potter - Health Department Robert L. Cox - Library Florence S. Sellards - Register of Deeds Audrey D. Curry - Sheriff's Department Paul M. Marlow - WASTEC Carmen Potter, Health Department TEN YEARS:Daisy S. Brown - Health Department Hazel L. Hewitt - Health Department Carolyn D. Jackson -Social Services Richard G. Lang - Inspections Department Teresa A. Horsboll - WASTEC Harold R. Lowdermilk - Parks Department Carolyn Jackson, Social Services FIFTEEN YEARS:Bruce T. Shell - Finance Department Lisa T. Kesling - Social Services Leslie B. Smiley - Social Services Toni Moser, Inspections Department TWENTY YEARS: Lucie F. Harrell - Clerk to the Board of County Commissioners David Weaver - Assistant County Manager Cameron M. Griffin - Budget Director Mary J. Newton - Health Department Margaret R. Horton - Health Department THIRTY YEARS: Frank J. Demeter - Social Services On behalf of the Board, Chairman Davis 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: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 21, 2003PAGE 476 Katrina Dombroski, Aging Services Charmaine Keel, Budget Department Gary Moore, Environmental Management Jason Hale, Environmental Management Sean Fenick, Fire Services Ann Rhodes, Health Department Carolyn Culverhouse, Health Department Jessica Fell, Health Department Susana May, Health Department Carin Faulkner, Health Department Kathy Carmack, Health Department Michelle Evans, Health Department Thomas Morris, Health Department Lisa Gans, Health Department Judith Agner, Health Department Robin Bader, Social Services Richard Ohmer, Social Services Annette Baxley, Water and Sewer Finance Barbara Baker, Tax Department Denise Hubbard, Cape Fear Museum On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover County government and wished them success with their new positions. ANNOUNCEMENT OF THE WILMINGTON GARDEN SHOW TO BE HELD ON FEBRUARY 1 AND FEBRUARY 2, 2003 Ms. Melissa Hight, Cooperative Extension Director, announced that the Wilmington Garden Show, would be held in the Coast Line Convention Center on February 1 and February 2, 2003. She invited everyone to attend and stated that proceeds received from the event would be used to fund the New Hanover County Arboretum. Ms. Hight presented each member of the Board a ticket to the Preview Party on Friday, January 31, 2003, and a book mark which has the Cooperative Extension Website and logo at the top, the County Seal at the bottom, and a schedule of programs provided by Cooperative Extension on the back. She advised that a book mark would be given to all persons attending the Wilmington Garden Show. On behalf of the Board, Chairman Davis expressed appreciation to Ms. Hight for the tickets and presentation. ADOPTION OF RESOLUTION URGING THE STATE TO ASSUME THE LOCAL SHARE OF MEDICAID County Manager O’Neal reported that the Sampson County Board of Commissioners adopted a resolution on December 16, 2002, urging the North Carolina General Assembly to support a plan that will phase out county contributions to Medicaid. He advised that North Carolina is only one of seven states in the country that requires local governments to match the federal Medicaid program. This is an entitlement program that by law must be matched by local governments. In closing, County Manager O’Neal requested Assistant County Manager Patricia Melvin to present figures on the cost of the Medicaid match to New Hanover County. Assistant County Manager Melvin advised that the State does provide a 24% match toward the cost of the Medicaid program with counties providing a 5% local match of that cost. County Medicaid matches in North Carolina have increased tremendously over the past few years. In FY 2001-2002, the total Medicaid cost for eligible participants in New Hanover County was $125 million with a $6.3 million match paid by the County. In FY 2002-2003, it is anticipated that the total Medicaid cost in New Hanover County will be approximately $162 million with a County match of $8.4 million. With the decision made by the Governor to withhold reimbursements due to cities and counties and the increased cost in Medicaid reimbursements, local governments have been adversely affected with some counties having to deplete their fund balances. Assistant County Manager Melvin read the resolution urging the N. C. General Assembly to support a plan to phase out county contributions to Medicaid for all counties in the state. Chairman Davis referenced the upcoming FY 2003-2004 Budget and explained that the Medicaid match was just one of many entitlement programs with matches that have to be paid by the County. He emphasized the importance of the County generating additional revenue and stated that one source to consider was the possibility of implementing a ½ cent local option sales tax. Commissioner Caster reported on attending the Legislative Goals Conference held by the North Carolina Association of County Commissioners in Raleigh and stated when the goals were presented for Human Resources, the number one goal was Medicaid relief to local governments. Hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adopt a resolution to petition the General Assembly to support a plan to phase out county contributions to Medicaid for all counties in the State, and direct Staff to mail a copy of the resolution to the Governor and entire legislative delegation. Upon vote the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 21, 2003PAGE 477 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 6.3. COMMITTEE APPOINTMENTS Appointments to the New Hanover Regional Medical Center Board of Trustees Chairman Davis referenced the new legislation regarding a Conflict of Interest statute for public hospitals that became effective July 1, 2002 and requested County Attorney Copley to comment on this issue. County Attorney Copley advised that N.C.G.S. 131E-14.2 applies to public hospitals. This statute prohibits any Trustee or employee of a public hospital or their spouse from having any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any hospital facility. If anyone has such a contract with the Medical Center, the contract would become void. All applicants applying to the Medical Center Board of Trustees must meet this criteria outlined in the statute to be eligible to serve on the Board of Trustees. Chairman Davis advised that an email was received from Ms. Jane Fiery informing the Commissioners that she would be ineligible to serve as a Trustee because she works with a company that provides services to physicians practicing at the hospital. He asked County Attorney Copley if Ms. Fiery had a conflict of interest. County Attorney Copley responded that in a situation of this type it would be a conflict of interest and her application should not be considered by the Board. Chairman Davis also questioned the eligibility of Ms. Helen R. Lofton, who worked at the hospital in excess of 30 years as a Registered Nurse and is now receiving a retirement benefit from the Medical Center. He asked if this would be a conflict of interest. County Attorney Copley advised that the retirement received would not be a conflict of interest because the statute clearly says that if materials or services are being provided, it would be a conflict of interest. Ms. Lofton would be eligible to serve on the Medical Center Board of Trustees. Discussion was held on the letter forwarded to each applicant about the Conflict of Interest statute when applying to serve on the Medical Center Board of Trustees. Chairman Davis suggested changing the last paragraph of the letter to more clearly inform the applicant to call the County Attorney if there are any questions regarding a conflict. He suggested incorporating the following language into last paragraph: If you have a conflict or have any question about a conflict, please contact County Attorney Wanda M. Copley at 341-7153. County Attorney Copley advised that she would be glad to change the letter. Chairman Davis reported that nine applications had been received to fill the unexpired term on the New Hanover Regional Medical Center Board of Trustees. He opened the floor to receive nominations. Commissioner Boseman nominated Carl Brown. The nomination was seconded by Commissioner Pritchett. Chairman Davis nominated Helen R. Lofton. The nomination did not receive a second. Commissioner Caster nominated Dennis Nicks. The nomination did not receive a second. Hearing no further nominations, Chairman Davis declared the nominations closed and called for a vote. Vote: The Board voted 4 to 0 to appoint Carl Brown to fill the unexpired term on the Medical Center Board of Trustees to expire September 30, 2004. Chairman Davis requested the Clerk to the Board to notify Mr. Brown of his appointment to the Board of Trustees. Appointment to the Zoning Board of Adjustment Chairman Davis reported that one unexpired alternate vacancy needed to be filled on the Zoning Board of Adjustment and stated that three applications had been received. He opened the floor to receive nominations. Commissioner Boseman nominated Irving L. Smith, Jr. The nomination did not receive a second. Commissioner Caster nominated Charlton L. Allen. The nominations was seconded by Commissioner Pritchett. Hearing no further nominations, Chairman Davis declared the nominations closed and called for a vote on the appointment of Charlton L. Allen. Vote: The Board voted 3 to 1 to appoint Charlton L. Allen to fill the unexpired alternate vacancy on the Zoning Board of Adjustment. The term will expire December 1, 2004. Commissioner Boseman voted in opposition. Chairman Davis requested the Clerk to the Board to notify Mr. Allen of his appointment to serve as an alternate on the Zoning Board of Adjustment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 21, 2003PAGE 478 MEETING RECESSED TO HOLD A MEETING OF THE WATER & SEWER DISTRICT Chairman Davis convened from Regular Session at 11:03 a.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 11:10 a.m. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes. Ms. Catherine Ackiss, Mayor Ex-Officio of the Residents of Old Wilmington, read a resolution unanimously adopted by Residents of Old Wilmington opposing moving any more County employees out of the downtown central business district. She urged the Board to sustain a vibrant, diverse downtown environment with a healthy daytime economy by deciding to leave County employees in downtown Wilmington. Chairman Davis expressed appreciation to Ms. Ackiss for the presentation and stated that the concerns presented would be taken into consideration when the Board renders a decision on this issue. ADDITIONAL ITEMS Additional Items Presented by Commissioner Pritchett 1.Ribbon Cutting for Expanded Area at Wilmington International Airport : Commissioner Pritchett reported on attending the ribbon cutting for the expanded area at the Airport and stated it was well done. 2.Development of Program in Tallahassee, Florida for United Way to Fund Non-County Agencies: Commissioner Pritchett spoke on attending a video conference with some City and County officials in Tallahassee, Florida, who are working with United Way to develop a program to fund non-county agencies. This is a joint effort between the County, City, and United Way. She advised that it will be interesting to see how this process develops and stated if it is successful, the County may want to consider a similar program. 3.Announcement of “Tree Fest” at Westfield Shopping Town Independence Mall: Commissioner Pritchett announced that Tree Fest would be held this weekend at Westfield Mall on Friday, January 25, 2003 from 10:00 a.m. until 8:00 p.m. and on Saturday, January 26, 2003 from 10:00 a.m. until 6:00 p.m. She encouraged the public to come by and pick up tree seedlings to take home and adopt. Additional Items Presented by Chairman Davis 1.Discussion of Renaming Veterans Drive to Halyburton Memorial Parkway: Chairman Davis reported that the Board of County Commissioners voted unanimously on December 2, 2002, to rename Veterans Drive to Halyburton Memorial Parkway to honor William D. Halyburton, Jr., one of four Medal of Honor recipients who spent most of their lives living in New Hanover County. Since December, a group appeared before the Board of Education and requested that the next school built be named after Mr. Halyburton. In view of the length of time before another school would be constructed, the Board of Education recommended naming the Athletic Complex at Veterans Park after Mr. Halyburton instead of renaming the road. At a meeting of the New Hanover County Parks and Recreation Advisory Board, this issue was discussed and the Advisory Board felt that an Athletic Complex should not be named after any particular individual. In further discussion, the Parks and Recreation Advisory Board voted to request the Board of County Commissioners to allow Veterans Drive to be renamed Halyburton Memorial Drive. Chairman Davis asked if any member of the Board was now opposed to renaming the road after hearing the recommendation from the Board of Education. After further discussion, the Board agreed to move forward with the official action taken on December 2, 2002, and direct Staff to continue the necessary procedures to name Veterans Drive to Halyburton Memorial Drive. 2.Discussion of New Hanover County Television (NHCTV) Voicing Meeting Agendas and Community Bulletin Board Events: Chairman Davis spoke on being approached by a blind lady who asked him if the agenda on the NHCTV could be read to assist the visually impaired. After giving some thought to this request, Public Information Officer (PIO) Mark Boyer was requested to check into the matter and report to the Board. PIO Boyer advised that a small amount of production time would be involved with voicing agendas. This process could be implemented with the next agenda at no cost to the County. He also reported that plans are being developed to place a scrawl across the bottom of the screen so hearing impaired persons can see what is being discussed and actions taken by the Board of County Commissioners. Commissioner Caster commented on the importance of educating the public about County activities and suggested televising more Special Meetings and Budget Work Sessions to better inform the public. After further discussion, the Board requested PIO Boyer to move forward with producing more voiced and subtitled programs. 3.Discussion of Erecting a Sign to Identify Monkey Junction Chairman Davis spoke on a letter received from a long-time resident of the Monkey Junction area requesting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 21, 2003PAGE 479 the Board to consider placing an identification sign at Monkey Junction. It appears that the NCDOT is supportive of this idea and will erect a green and white sign saying “Monkey Junction” at no cost to the County. In order for the NCDOT to move forward with erecting the sign, a resolution will have to be adopted by the Board of County Commissioners making this request. Chairman Davis requested direction from the Board. Commissioner Pritchett spoke in favor of identifying the area as Monkey Junction in lieu of Myrtle Grove Junction because this area has been recognized by this name for years. She also noted that when deciding on the issue, some study should be made on the history and designations in this area since the branch library was named the Myrtle Grove Branch Library. Consensus: After discussion, it was the consensus of the Board to place this item on the Regular Agenda for either February 3, 2003 or March 10, 2003 as a Public Hearing. County Manager O’Neal was requested to contact Ms. Ruth Haas, Director of the Cape Fear Museum, to provide a history on how this area became known as Monkey Junction. 4. Discussion of a Request to Revisit the Denial Decision Made by the Board of County Commissioners Regarding Rezoning Property Located at 2623 North College Road: Chairman Davis reported that a Public Hearing was held on January 6, 2003, to rezone 2.9 acres of property, owned by Ms. Shelby Lollis, located at 2623 North College Road from R-15 Residential to O&I Institutional. During the hearing, Ms. Lollis informed the Board that she wanted the entire 2.9 acres rezoned to O&I to attract a buyer for the property. She stated that she was not interested in the Planning Staff’s recommendation to rezone the front 1.6 acres. Ms. Lollis was informed that if the Board proceeded with taking action and the rezoning was denied, she would have to wait 12 months before a petition could be resubmitted. Ms. Lollis stated that she was aware of the waiting period and requested the Board to hear the rezoning case. A motion was made to approve the rezoning and it failed by a 2 to 3 vote thereby denying the rezoning petition. A letter dated January 15, 2003 was received from Mr. Michael G. Nadeau, CCIM, the realtor assisting Ms. Lollis at the Public Hearing, requesting the Board of County Commissioners to revisit the case for the purpose of considering the Planning Staff’s recommendation to rezone the front 1.6 acres of the property. Chairman Davis advised that legally if one County Commissioner who voted against the rezoning petition made a request to revisit the case, it would require a unanimous vote of the Board for the petition to be brought back for consideration. He stated that Commissioner Boseman, Commissioner Pritchett, and he voted in opposition. He asked if Commissioner Boseman or Commissioner Pritchett would like to revisit the rezoning case. Commissioner Pritchett advised that she felt the rezoning case was properly handled. When the Planning Staff’s recommendation was offered, Ms. Lollis was not interested in accepting this option. The Chairman then informed her that if the case was heard by the Board and the rezoning was denied, the petition could not be submitted for another 12 months. Based on these facts, she felt the rezoning petition should not be revisited. Commissioner Boseman agreed with the statement made by Commissioners Pritchett and stated that she did not want to revisit the rezoning case. Commissioner Caster commented on the need to be sure that Ms. Lollis specifically said that she understood if the rezoning was denied, the petition could not submitted for another 12 months. After discussion, the Board agreed for the Chairman Davis to check the minutes to be sure Ms. Lollis was aware that a petition could not be submitted for 12 months. If the minutes reflect that she was informed and the Chairman is not in favor of revisiting the case, a letter should be written by the Chairman to Mr. Nadeau informing him that the zoning case will not be revisited. 5. Status Report on Airlie Gardens: Chairman Davis reported that from January 2002 to January 2003, the total memberships at Airlie Gardens increased from 188 to 606 representing an increased value from $13,825 to $35,775. The number of weddings held last year were 12 and currently there are 15 weddings already booked for 2003. He announced that many positive things are happening at Airlie Gardens and he encouraged the public to visit the gardens and enjoy this natural treasure. 6. Discussion of Letter Received From City Councilman Frank S. Conlon Dated January 14, 2003: Chairman Davis reported that Councilman Frank S. Conlon wrote a letter to the Board of County Commissioners and City Council requesting both governing bodies to change the language in the last paragraph of the concurrent consolidation resolution adopted on January 13, 2003, to read as follows: The County Commissioners and the City Council shall initiate functional consolidation of individual departments. Chairman Davis advised that after reading the draft minutes of the January 13, 2003, joint consolidation meeting, the resolution was amended in the first paragraph to read as follows: “The plan will be voted on by the citizens in the November 2004 election after ratification of the consolidation plan by the Board of County Commissioners and the Wilmington City Council. This change was approved by both governing bodies. The last paragraph was changed to read as follows: The Board of County Commissioners and City Council shall proceed with discussing functional consolidation of individual departments. This change was approved by NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 21, 2003PAGE 480 both governing bodies. Chairman Davis requested the County Attorney to correct the draft resolution to reflect the change in the last paragraph. Chairman Davis asked if any member of the Board would like amend the language in the last paragraph as requested by Councilman Conlon. Commissioner Boseman suggested leaving the language in the last paragraph as voted upon. Commissioner Pritchett stated that unless the Board wants to start the process over again, she would suggest leaving the language as voted upon. Commissioner Caster advised that he could not support the change submitted by Councilman Conlon because he felt that functional consolidation should not occur until the study group had developed a plan for consolidation to be presented to the voters; however, he did vote to discuss functional consolidation. He stated that Councilman Conlon would like for both governing bodies to charge forward with functional consolidation during the time that the plan is being prepared by the study group which will create a great deal of work for both staffs. Chairman Davis agreed with the comments from each member of the Board and advised that he would prepare a letter of response to Councilman Conlon stating that the Board desires for the original language in the last paragraph to remain as voted upon at the joint meeting held on January 13, 2003. In further discussion, Chairman Davis asked County Attorney Copley when the concurrent resolutions would be adopted by the governing bodies since the number of members to serve on the Consolidation Study Commission had not been decided and no appointment date has been selected. County Attorney Copley responded that all items listed in the concurrent resolution must be decided before the two governing bodies can meet and adopt concurrent resolutions. Once recommendations regarding these items are received from the committee comprised of Chairman Davis, Mayor Peterson, Councilman Quinn, and Commissioner Pritchett, concurrent resolutions can be prepared and adopted by both governing bodies. Chairman Davis advised that County Attorney Copley had prepared a draft concurrent resolution to consolidate City and County water and sewer utilities. In the draft minutes of the motion made and approved by both governing bodies, the Water and Sewer Committee was to provide a preliminary report within three months after adoption of concurrent resolutions. On the draft resolution, Page 1, Section 2(b), it says that a report instead of preliminary report should be prepared with three months. He requested County Attorney Copley to change the resolution to reflect a preliminary report.. Commissioner Pritchett requested the concurrent resolution to state that Robert G. Greer would serve as the interim Chairman for the purpose of convening the Water and Sewer Committee. County Attorney Copley advised that she would be glad to make the changes as recommended. Additional Items Presented by Commissioner Caster 1.Report on Legislative Goals Conference Sponsored by the N. C. Association of County Commissioners (NCACC) Held on January 16-17, 2003 in Raleigh, North Carolina: Commissioner Caster reported that Vice-Chairman Greer and he attended the Legislative Goals Conference and stated that it was an informative conference. The major concern expressed by counties was the required local match for Medicaid. Some counties are having to deplete their fund balance to paid this match. Commissioner Caster also informed the Board that 45 goals were submitted and voted upon by the delegates. With this number of goals, the Administrative Staff of the NCACC spends a tremendous amount of time and work preparing the goals. Many of the goals presented will probably never be enacted; therefore, he thought it would be more reasonable for the Association to prepare seven or eight goals to address major issues confronting counties, such as Medicaid. The NCACC does an excellent job of lobbying for counties in the General Assembly, and it could be an advantage to the Association for the number of goals to be reduced. Additional Items Presented by Commissioner Boseman 1.Concern for the Lack of Services Provided to the Mentally Ill in the Region: Commissioner Boseman spoke on visiting with an individual living in the County who was upset about the lack of treatment for her 20-year old mentally ill son who can not move to Wilmington because the needed services to get him back into society are only provided in Asheville, NC. With the number of people moving into the area and homeless people in the downtown area, additional services must be provided because these people deserve to have proper care. County Manager O’Neal explained that funding has been a point of contention for a number of years in providing services for the mentally ill. When the State decentralized mental health care and established community based health care, a funding formula was developed. The Southeastern Center, comprised of New Hanover County, Pender County and Brunswick County, has always been on the lower end of the funding chain. With the new reform system, some changes should occur and hopefully more funding will be available. Commissioner Pritchett, the Board’s representative on the Southeastern Center Board of Directors, advised that NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, JANUARY 21, 2003PAGE 481 she was aware of this case and stated that the son has a relatively uncommon condition. Unfortunately, it is not possible for the Southeastern Center to provide services for all mental health conditions in all locations. She requested Commissioner Boseman to have this individual to contact Dr. Art Costantini, Director of the Southeastern Center, about her concerns. CLOSED SESSION Chairman Davis called for a motion to convene to Closed Session pursuant to N.C.G.S.143-318.11(a)(5) to instruct the public body’s staff concerning the position to be taken by or on behalf of the public body in negotiating the price and other material terms of a proposed contract for the acquisition of real property. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to convene to Closed Session for the purpose stated. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Davis convened to Closed Session at 1:45 p.m. Chairman Davis reconvened to Regular Session at 2:45 p.m. and advised that no action was taken in the Closed Session. Chairman Davis reported that a Special Meeting will be held on Thursday, January 30, 2003 at 5:30 p.m. in the Assembly Room to discuss purchasing additional property at Market Place Mall. ADJOURNMENT Hearing no further comments, Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to adjourn. Upon vote, the MOTION CARRIED 4 TO 0. Chairman Davis adjourned the meeting at 3:00 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board