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2003-08-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 688 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 4, 2003, at 5:30 p.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.; Vice-Chairman Robert G. Greer; 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. 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 Pritchett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Davis advised that during the Thursday Staff Meeting, Commissioner Pritchett requested that Consent Agenda 9 be removed from the Consent Agenda for discussion. He asked if any other Commissioner would like to discuss or remove an item from the Consent Agenda. Commissioner Caster requested further discussion of Consent Agenda Items 2 and 4. Hearing no further comments, Chairman Davis requested Commissioner Caster to discuss Consent Agenda Item 2. Commissioner Caster referenced the $75,000 grant for the RSVP to operate a Homeland Security Program and requested an explanation of how the Emergency Management Director Warren Lee was involved in the process. Ms. Barbara Brush, Director of the RSVP, responded that she had worked with Dan Summers to establish an at-risk central data base for New Hanover County. The intent was to use volunteer resources to establish the data base, but this was not possible because of the lack of resources. A “Homeland Security/Disaster Preparedness”grant was then written in various categories and submitted to the federal government. The government felt that developing a central at-risk data base was an excellent proposal and awarded a grant of $75,000 instead of $45,000. Commissioner Caster expressed appreciation to Ms. Brush for the explanation. Chairman Davis requested Commissioner Caster to discuss Consent Agenda Item 4. Commissioner Caster referenced the meaning of mixed paper and stated after contacting Ray Church, Director of Environmental Management, he was informed that mixed paper was comprised of many items, not just computer paper. He also noted that the truck being purchased by the Environmental Management Department would be used for collection of other items. He suggested that information should be provided to the public about the types of paper that can be recycled. Chairman Davis agreed with providing the public more information and expressed appreciation to Commissioner Caster for the comment. Chairman Davis called for a motion to approve the Consent Agenda. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to remove Item 9 from the Consent Agenda and approve the remaining items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting and Closed Sessions held on July 7, 2003, as presented by the Clerk to the Board. Acceptance of Retired and Senior Volunteer Program Expansion Grant in the Amount of $75,000 The Commissioners accepted a Retired and Senior Volunteer Program Expansion grant in the amount of $75,000 and approved the associated budget amendment. On May 5, 2003, the Board approved filing a grant application in the amount of $45,000. The Department of Aging received notification on July 24, 2003, that the grant was approved in the amount of $75,000, representing an increase of $30,000. Originally, the funds were to provide for a part-time temporary staff person. The increase of $30,000 will provide funds for a full-time temporary staff person to coordinate the Homeland Security Project and to utilize the services of 125 RSVP volunteers to identify citizens with special needs and educate residents on how to be better prepared for a disaster. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 689 Budget Amendment # 04-0014 - Department of Aging AdjustmentDebitCredit Homeland Security$75,000 Salaries & Wages $ 5,073 Temporary Salaries $33,800 Social Security Taxes$ 2,974 Retirement - Local Government $ 305 Contracted Services $ 3,142 Contracted Services - Meals$ 2,000 Telephone Expense $ 1,015 Postage Expense$ 1,450 Printing Charges $ 2,547 Departmental Supplies $ 450 Employee Reimbursements $ 1,500 Training & Travel$ 1 Volunteers Mileage Expense$14,999 Volunteer Recognition$ 3,244 Computer Expenses$ 2,500 Explanation: Funding from the RSVP to coordinate a central at-risk data base for the Homeland Security Project. Authorization for Emergency Management to Participate in the US Department of Homeland Security FY2003 State Homeland Security Grant Program (SHSGP) The Commissioners authorized the Emergency Management Department to participate in the U. S. Department of Homeland Security FY 2003 State Homeland Security Grant Program. This program is designed to improve domestic terrorism preparedness through the purchase of equipment for first responders, and providing training and exercise programs for chemical, biological, radiological, nuclear, and explosive incidents. The amount of the grant application is $161,609. If the grant is awarded, the funding will be allocated as follows. (1) Equipment, $132,752; (2) Exercises, $21,932; and (3) Training $6,825. The preparation of the grant and use of the funds has been done in cooperation with the municipalities and these entities will receive some of the benefit. No County funds are required. Acceptance of Mixed Paper Recycling Grant for the Department of Environmental Management The Commissioners accepted and approved the associated budget amendment for a Mixed Paper Recycling Grant in the amount of $20,000 from the N.C. Department of Environment and Natural Resources, Division of Pollution Prevention and Environmental Assistance. The project involves the implementation of a mixed paper recycling program at three County recycling centers and the Wrightsville Beach center. The grant will be used to purchase containers, and the local match has been approved in the FY 2003-2004 budget. Budget Amendment #04-0007 - Environmental Management - Recycling Adjustment Debit Credit Div. of Pollution Prevention & Env. Asst. Grant$20,000 Capital Outlay $20,000 Explanation: To establish a budget for the grant awarded to Environmental Management by the N.C. Department of Environment and Natural Resources Division of Pollution Prevention and Environmental Assistance. Approval of Contract with Stewart-Cooper Newell Architects to Provide a Master Plan and Design a Multi- Functional Fire Training Facility The Commissioners awarded a contract to Stewart-Cooper Newell Architects to design and provide a Master Plan for the Multi-Functional Fire Training Facility. The Chairman was authorized to execute the contract. The facility will be used by the City of Wilmington Fire Department, Cape Fear Community College, Wilmington International Airport, and the County’s Fire Services. The master planning process will identify several important sites and building issues converging into one sensible plan for a facility to train emergency responders. The plan will identify different phases of construction and the associated cost with each phase. The City of Wilmington has agreed to pay half of the total cost of the Master Plan and at the June 2, 2003 meeting, the Commissioners agreed to pay half with the cost not to exceed $25,000. A copy of the contract is on file in the Legal Department. Acceptance of Permanent Child Safety Seat Checking Station Grant Funds The Commissioners accepted grant funds in the amount of $5,000 for the establishment of a permanent child safety seat checking station. The grant is being awarded by the Office of the State Fire Marshal. All purchases must be made from their approved list of supplies and equipment and submitted as a package no later than August 30, 2003, for reimbursement of the grant amount. No County funds are required. Approval of “Diabetes Today” Grant Application for Continued Funding Request and Approval of Associated Budget Amendment The Commissioners approved an application to the Cape Fear Memorial Foundation for a Diabetes Today NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 690 Grant as recommended by the Board of Health. The request is for a two-year program in the amount of $85,480 to be paid in two annual allotments of $42,740. North Carolina is facing an epidemic in Type II Diabetes and its related risk factor of obesity. The Health Department will use the funds to provide diabetes self-management classes for uninsured and under-insured persons, a monthly support group, and vision, foot and blood pressure screenings. Outreach will include monthly programs for mall walkers, a quarterly newspaper insert, and distribution of awareness materials to fast food businesses. The 10,000 steps walking program will be held twice a year and will incorporate weight management classes and on-going support from lifestyle coaches. Approval of School Health Nurse Position The Commissioners approved the transfer of a Hoggard High School Nurse position and funding to the School Health Program in the Health Department. The Board of Education will increase its contribution to the County to fund the nurse position at Hoggard High School that was created by the retirement of the former nurse on August 1, 2003. Budget Amendment # 04-0011 - Health Department Adjustment Debit Credit Contributions from School $49,751 Salaries & Wages $38,019 FICA $ 2,908 Retirement $ 1,882 Medical Insurance $ 5,880 LT Disability$ 87 Departmental Supplies $ 375 Employee Reimbursements$ 300 Training & Travel$ 300 Explanation: To budget the increased contribution by the New Hanover County Board of Education to the County to fund the nurse position at Hoggard High School. Authorization for the Health Department to File a Grant Application for a Safe Kids Mobile Car Seat Check Up Van The Commissioners authorized the Health Department to file a grant application in the amount of $50,000 for a Safe Kids Mobile Car Seat Check Up Van. The associated budget amendment will be approved once the grant is awarded and accepted by the Board of County Commissioners. This program has shown that "traveling" check-ups are a successful way to take injury prevention messages and tools to families that may not have access to standard information outlets. The van contains the components needed to host a typical child safety seat check-up event. This will enable the New Hanover County Safe Kids Coalition to increase child passenger safety outreach. Approval of Agreement to Provide an Assistant District Attorney Drug Prosecutor The Commissioners approved an agreement with the City of Wilmington and John E. Carriker, District Attorney to hire a temporary Assistant District Attorney Drug Prosecutor for the District Attorney’s Office. The Chairman was authorized to sign the necessary contract documents. Through the Sheriff's Block Grant fund, the County will pay one-half of the $49,035 annual salary and the City will pay the other half. The Assistant District Attorney will be a State employee of the Administrative Office of the Courts and will be dedicated to drug prosecutions. A copy of the agreement is on file in the Legal Department. Acceptance of Grant Proposal in the Amount of $10,000 from Duke University for the Health Department The Commissioners accepted a grant from Duke University in the amount of $10,000 and approved the associated budget amendment for the Health Department to develop a Geographic Information System and receive training for the Environmental Health Division. Budget Amendment #04-0035 - Health Department - Environmental Health Adjustment Debit Credit Environmental Health: Duke University Nicholas Sch of E&E $10,000 Training and Travel$ 350 Computer Expenses 9,650 Explanation: To budget an additional $10,000 Grant from Duke University Nicholas School of Environmental and Earth Sciences. Funds are to be used for Georgraphic Information Systems related equipment, software and training. Approval of Budget Amendment #04-0006 Cooperative Extension Service The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 691 Budget Amendment # 04-0006 - Cooperative Extension Adjustment Debit Credit Revenue Other$45,000 Cooperative Extension Expense$45,000 Explanation: To establish the budget for FY 2003-2004 for extended projects in the amount of $45,000. Approval of Budget Amendment #04-0012 Department of Social Services The Commissioners approved the following budget amendment: Budget Amendment #04-0012 Department of Social Services Adjustment Debit Credit DSS Administrative Grant$34,472 Assistance Payments$34,472 Explanation: To budget additional Federal Revenue for the Crisis Intervention Program in the amount of $34,472. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 9 REGARDING A SMART START GRANT Commissioner Pritchett reported that due to a reduction in funding from the State to the Smart Start Program, the original amount of money allocated to the program has changed. She suggested knowing the exact amount of funding before accepting the grant. Assistant County Manager Patricia Melvin advised that the information was received from Smart Start; however; due to the fact that she did not bring the information to the meeting and no clarification has been received from the Health Department, she would suggest tabling this item until the next meeting. Consensus: It was the consensus of the Board to table Consent Agenda Item 9 until the August 18, 2003 meeting of the Board. ADOPTION OF A PROCLAMATION DECLARING AUGUST 14 – 17, 2003, AS “HONORING OUR ARMED FORCES WEEKEND” IN NEW HANOVER COUNTY Chairman Davis announced that Westfield Shoppingtown Mall Independence is sponsoring a Welcome Home Program on the weekend of August 14-17, 2003, to honor the Armed Forces. He advised that the Board of County Commissioners has prepared a proclamation declaring this weekend as “Honoring Our Armed Forces Weekend” in New Hanover County, and he read the proclamation into the record. Commissioner Caster suggested using the term “military personnel” throughout the document and changing the date in the fourth paragraph to mid-July instead of mid-June. After discussion of the revisions being acceptable, Chairman Davis called for a motion. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the revised proclamation Honoring Our Armed Forces Weekend declaring August 14-17, 2003 as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 16.1. ADOPTION OF AN AMENDMENT TO THE NEW HANOVER COUNTY CODE UPON THE FIRST READING REGARDING CHAPTER 17, CIVIL EMERGENCIES, ARTICLE 1, SECTION 32, RESPONSE TO RESCUE EMERGENCIES Chief Donnie Hall, Director of Fire Services, reported that the original ordinance dated from 1978, aligned the responsibility to conduct rescue functions under the direction of the Emergency Management Department. Currently the Department of Fire Services is the responsible County agency to respond to rescue events. This is a revision to the ordinance to properly reflect which department responses to rescue emergencies. Due to the changes in Fire Services over the past few years, the fire departments are now better prepared to provide this service to the citizens and visitors of New Hanover County. Emergency Management Director Warren Lee advised that the Department of Fire Services has performed rescues for a period of time, and the change is needed to reflect the department that actually performs this service. Chief Hall advised that Chapter 17, Civil Emergencies, Article I, Department of Emergency Management, Section 17-32, Intent and Purpose, will be amended as follows: Delete the word “rescue” in Section 17-32(c) to read: Section 17-32. Intent and Purpose. (c)As the lead agency within local government, it shall conduct and/or coordinate search, rescue and recovery activities in conjunction with available Federal, State and County sources. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 692 Chairman Davis asked if any member of the Board would like to comment. Hearing no further comments, Chairman Davis called for a motion. Motion : Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the amendment to Article I, Chapter 17 of the New Hanover County Code of Ordinances by deleting the word rescue in Section 17-32(c). Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 16.2. The amended ordinance will be codified into the New Hanover County Code of Ordinances. APPROVAL OF REQUEST FROM THE TOWN OF CAROLINA BEACH FOR REIMBURSEMENT OF MONEY PAID TO MARLOWE & COMPANY FOR LOBBYING EFFORTS TO EXTEND THE LIFE OF THE CAROLINA BEACH RENOURISHMENT PROJECT Finance Director Bruce Shell reported that the Town of Carolina Beach contracted with Marlowe & Company to begin lobbying for extending the life of the Carolina Beach renourishment project. The Carolina Beach Town Council felt that even though the renourishment project did not expire until 2014, it would be prudent to hire a lobbying company to begin the process. On January 13, 2003, the Carolina Beach Town Council entered into a contract with Marlowe & Company to provide lobbying services. The Council is now requesting $8,100 from the Room Occupancy Tax (ROT) to repay the Town of Carolina Beach for the money already paid to Marlowe & Company for services rendered from January 16, 2003 until June 30, 2003. The request was forwarded to the Wilmington-New Hanover County Port, Waterway, and Beach Commission to determine if ROT funds should be used to pay for lobbying services. The Port, Waterway and Beach Commission reviewed the request and recommended reimbursement of $8,100 to the Town of Carolina Beach from the ROT beach renourishment fund. In closing, Finance Director Shell advised that he would be glad to answer any questions. Chairman Davis referenced the information provided in the agenda packet and stated that in the letter from Mayor Rothrock, it reads that the FY 2003-2004 lobbying contract would be in the amount of $36,000 with Marlow & Company billing the Town of Carolina Beach $3,000 per month plus out-of-pocket expenses not to exceed $350 per month. He asked if the Town of Carolina Beach was also requesting reimbursement for FY 2003-2004. Finance Director Shell responded that the Carolina Beach Town Council was only requesting reimbursement for the $8,100 which had already been paid to Marlowe and Company. Chairman Davis advised that he felt it would be more effective for the beach communities to work as a group to obtain lobbying services for future funding of beach renournishment projects. He asked if the other beaches were involved in this process. Mr. Ray Rothrock, Mayor of Carolina Beach, explained that in January 2003, the Town of Carolina Beach did lobby to extend the beach renourishment program that expires in 2014. After beginning the process, it was found there was not enough money in the federal budget for the Carolina Beach and Kure Beach renourishement projects. There was a funding shortfall of $2.2 million and Marlow & Company has already lobbied the Congressional delegation to obtain these funds. It was also learned that if other beaches joined the lobbying effort to secure beach renourishment funds, the cost would be considerably less. The Carolina Beach Town Council is now trying to arrange a meeting with the Towns of Wrightsville Beach and Kure Beach to discuss this issue. In closing, Mayor Rothrock advised that if the three beach communities and New Hanover County combine as a lobbying group, approximately $30,000 will be saved. He requested the Board to approve the $8,100 reimbursement appropriation to the Town of Carolina Beach as recommended by the Port, Waterway and Beach Commission. The Town of Carolina Beach will continue to work with Marlow & Company and make an effort to include the other beach communities. Hearing no comments from members of the Board, Chairman Davis called for a motion. Motion : Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the reimbursement of $8,100 to the Town of Carolina Beach from the Room Occupancy Tax fund for lobbying expenses as recommended by the Port, Waterway and Beach Commission. Chairman Davis expressed concern for paying a lobbying company from the beach renourishment funds and stated that if a unified plan had been developed by all beach communities, he would feel better about the reimbursement. Hearing no further comments, Chairman Davis called for a vote on the motion. Upon vote, the MOTION CARRIED 4 TO 1. Chairman Davis voted in opposition. Mayor Rothrock advised that when the beach communities meet to discuss development of a unified plan, he would like to have a County Staff member to attend the meetings. County Manager O’Neal advised that Finance Director Shell and Assistant County Manager Weaver would be the appropriate Administrative Staff to attend the meetings. In further discussion, the Board agreed to designate Finance Director Shell and Assistant County Manager NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 693 Weaver as County representatives during the planning process. Commissioner Caster requested Staff to place an item on the agenda for first meeting in September explaining how the unified plan will be developed. County Manager O’Neal responded that Mr. Shell and Mr. Weaver could have a proposal ready to present to the Board on September 2, 2003. CONSIDERATION OF REPLACEMENT OF SPRAY DRYER SCRUBBER UNIT 3A AT THE WASTEC FACILITY Mr. John Hubbard, Plant Manager of WASTEC, requested the Board of County Commissioners to proceed with replacing the Unit 3A spray dryer scrubber at the WASTEC Facility that was significantly damaged by the May 31, 2003, thunderstorm. He advised that Unit 3A is the largest boiler at the plant and has been inoperable since May 31, 2003. Revenue in the amount of $22,000 plus in electric sales has been lost each week, and the landfill space is being filled much faster than normal. In order to begin the process as soon as possible, Staff recommends bidding the project in two parts: Phase I: Award a contract to Turbosonic, Inc. in an amount not to exceed $141,828 to purchase the design of the atomizing nozzles and controls replacement and upgrade. Phase II: Once the design has been received, enter into a contract with a local company to fabricate and construct the scrubber at a cost not to exceed $445,000. The total cost of both phases is $586,828. Mr. Hubbard requested the Board to award the contract to Turbosonic, Inc. in an amount not to exceed $141,828 and allow Staff to proceed with submitting proposals to local companies with the County Manager being authorized to enter into a contract with the lowest bidder for fabrication and construction of the scrubber without further Board action pursuant of N.C.G.S. 143-129.2. In concluding the presentation, Mr. Hubbard advised that he would be glad to answer questions. A lengthy discussion followed on whether the insurance company would agree to cover the damage caused by the storm. Mr. Hubbard reported that New Hanover County Risk Manager, Anne Brown, has worked with the adjuster, and the company has agreed to cover the cost of replacing the three 10-foot sections that buckled during the May 31 storm. The company has not rendered a decision on the business interruption claim as of this date, and Ms. Brown will continue to pursue these issues. Once a final figure is determined, the Board will be informed. Chairman Davis referenced the cost of demolition at $84,592 and asked if this figure had been included in the total cost. Mr. Hubbard responded that this cost was not included in the total figure because Staff basically performed work by renting cranes, trucks and other equipment. The only item left is to cut up the large pieces into smaller parts for disposal. Commissioner Caster expressed concern for receiving two different sets of figures on the cost to replace the scrubber. The memo faxed earlier today showed a total figure of $1.4 million with revenue lost in the amount of $600,000. The information just presented by Deputy County Manager Atkinson shows a total cost figure of $1.2 million without any figure shown on lost electric sales. Mr. Hubbard explained that the $1,234,000 figure was a turn key price and stated that a local company will perform the fabrication and construction of the scrubber according to the design prepared by Turbosonic, Inc., which will save a great deal of money. When adding the design figure, atomizing nozzles, and control replacement and upgrade, the total figure is approximately $141,828. Vice-Chairman Greer asked why the total Turbosonic, Inc. bid did not include foundations or anchor bolts. Mr. Hubbard responded that foundations and anchor bolts were included in the $445,000 figure. Chairman Davis spoke on being confused and stated that it was his understanding the project cost for both phases would be $586,828. He requested an explanation of the $1,234,000 figure. Mr. Hubbard explained that Staff requested a turn key price for repairing the scrubber from Turbosonic, Inc. and a proposal was received in the amount of $1,234,000. Staff decided to use certain elements of the proposal which totaled $141,828 broken into the following items: (1) $78,158 for design; (2) $32,670 for atomizing nozzles; and (3) $31,000 for controls replacement and upgrade. The second phase of the project is to bid locally the fabrication and construction of the scrubber at a cost not to exceed $445,000 for a total project cost of $586,828. Chairman Davis advised that he would feel more comfortable making a decision on the request once final figures are received from the insurance company. Commissioner Caster expressed concern for receiving the information at 12:00 noon today and then receiving additional information at the meeting that did not have the same figures. He stated that it was not fair to the citizens for the Board of County Commissioners to make a decision of this importance without sufficient time to review the information. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 694 Director of Environmental Management Ray Church apologized for not getting the information to the Board earlier and stated that the material was not received until 12:00 noon in the Environmental Management Office. He stressed the importance of moving as expeditiously as possible to stop the lost of revenue generated by electric sales and to save space in the Landfill. During the past two months, electrical revenue has been lost in the amount of $642,280, and the current landfill cell that was predicated to be full by July 2004 will now have to be closed by the end of November 2003. Director Church also noted that while Unit 3A is down, it would be an ideal time to perform retubing and refractory work inside the boiler since this maintenance was scheduled during the current fiscal year. An appropriation of $150,000 is already budgeted to perform this work, and an additional $150,000 will be needed to perform other work needed inside of the boiler. In the FY 2002-2003 budget, $1,000,000 was earmarked from the general fund to Environmental Management Department to be used for repairs. After the March 31, 2003 storm, the Board of County Commissioners approved a budget amendment to transfer $830,000 to the Environmental Management Department for repairs to the scrubber which leaves a remaining balance of $170,000. Director Church presented the following spreadsheet on the replacement of the Unit 3A scrubber showing expenditures and sources of funding: UsesSources ** Demolition $ 84,591General fund transfer$1,000,000 *** Scrubber Design & Nozzles 141,828Insurance Claim 130,000 Scrubber Replacement 445,000Delayed purchases 247,000 *Retubing and Refractory 150,000DEM Fund Balance 86,699 Lost Electrical Revenue 642,280_________ Total$1,463,699Total$1,463,699 * Approximately $150,000 budgeted in FY 2003-2004 for retubing and refractory ** $830,000 budgeted for DEM in FY 2002-2003, remaining $170,000 to be transferred ***Preliminary estimate for demolition and replacement of three sections of scrubber with Business Interruption Claim to be determined. Commissioner Pritchett commented on the upcoming Christmas Season being the heaviest time of the year for disposal of waste and asked if a time frame had been established for completion of the repair work. Director Church responded that December 12, 2003 is the designated goal for completion of the work. He stated that if the Board authorizes the County Manager to enter into a contract received from the lowest local bidder for fabrication and construction of the scrubber without further Board action, time will be saved and Unit 3A could be in operation by early November. After a lengthy discussion on the different funding sources, Commissioner Boseman suggested tabling this item to allow time for the Board to review the information presented and further explore the option made by a company to purchase the WASTEC Facility. Chairman Davis noted that if the Board votes to table this item, he would like for the Insurance Risk Manager Anne Brown to secure some definite figures on the amount of money that will be paid by the insurance company. Finance Director Shell advised that he would be glad to work with Ms. Brown to secure these figures. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to table this item until the August 18, 2003, regular meeting of the Board of County Commissioners. Commissioner Pritchett asked if delaying this item for two weeks would negatively impact the process. Mr. Hubbard responded that additional revenue generated from electric sales will be lost and additional space will be used in the Landfill. Hearing no further comments, Chairman Davis called for a vote on the motion. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis expressed appreciation to Director Church and Plant Manager John Hubbard for the work and effort given to move as quickly as possible with repairing Unit 3A. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 6:24 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 7:01 p.m . BREAK Chairman Davis called a break from 7:02 p.m. until 7:10 p.m. CONSIDERATION AND ADOPTION OF A POLICY CLARIFYING THE ROLE AND RESPONSIBILITIES OF CAPE FEAR MUSEUM BOARD OF TRUSTEES Chairman Davis advised that Commissioner Pritchett would make a presentation regarding the need to clarify NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 695 the role and responsibilities of the Cape Fear Museum Board of Trustees. He announced that after the presentation, he would allow 10 minutes for persons in the audience to speak in favor of the proposed policy followed by 10 minutes for persons to speak against the proposed policy. He requested all persons speaking to comply to the time limit. Commissioner Pritchett reported that despite comments heard, read or told, the proposed policy has nothing to do with the historical representation of the Cape Fear Museum. The mission of the Museum is to preserve and present all of the history of the Cape Fear region for the benefit of its citizens. This area has a long and fascinating history and th it should be presented in a fair and equitable manner. At present, the Museum needs to expand its exhibits on the 20 century history, but it cannot and must not concentrate on any one era. Commissioner Pritchett advised that when she was asked by the Commissioners to attend Museum Board meetings to assess its effectiveness and make suggestions for improvements, she found a board working with policies that were not in keeping with those of other County volunteer boards. The following recommendations have been prepared for a Cape Fear Museum Advisory Board. These recommendations are based primarily on the policies of the Library Advisory Board that were recently written to clarify its role, which will bring the Museum Advisory Board into compliance with other boards that serve the community. Membership: 12 members including one County Commissioner. Term of Office: 3 years with no individual serving more than two consecutive terms and that individual cannot be considered for reappointment until 1 year after the previous service. Qualifications:Any County resident 18 years of age or older who has a sincere interest and commitment to the preservation of the history of the Lower Cape Fear region. Conflict of Interest:Members shall be required to sign a Conflict of Interest agreement which will be provided in advance of their appointment. Regular Meetings:Regular meetings will be held on the third Thursday of each month from 12:00 Noon until 1:00 p.m. at the Cape Fear Museum located at 814 Market Street, Wilmington, N. C. Compensation: No compensation will be paid to the Museum Advisory Board members, but members will be reimbursed for approved expenses incurred in the performance of their duties. Functions:To develop necessary policies for the efficient and responsive operation of the Cape Fear Museum; to advise the Museum Director and Staff on programs and exhibits; to advise the County Manager and County Commissioners concerning operation and capital needs of the Museum, and to serve on relevant committees. In addition, Board members are expected to actively promote the Museum’s programs, and to assist and participate in its programs, including efforts to solicit outside funding for the Museum. Commissioner Pritchett advised that a few minor changes would be required to amend the Museum By-Laws to comply with the proposed policy. Approximately 90% of the revisions will involve changing the terminology from a Board of Trustees to an Advisory Board. She requested the Board of County Commissioners to adopt the proposed policy so the Museum can move forward in a positive manner. Chairman Davis referenced IV. Section A and suggested changing the first sentence to say that the Museum Advisory Board will consist of “12 members which may include one County Commissioner. Commissioner Pritchett advised that she would be glad to change the language as requested. Commissioner Caster referenced II. Availability of Museum Services, which says that “any resident of the County should have the opportunity to visit the Museum for no fee.” However, the next line says that a fee will be charged. He asked if one day a month is designated as a free day for County residents. Commissioner Pritchett responded that one free day is designated each month for County residents. County Manager O’Neal noted that if a County resident visits the Museum without the resources to pay, the Museum Staff has never turned away an individual. Vice-Chairman Greer suggested rewriting this paragraph by placing the last two sentences first and then add or rewrite the first sentence at the end of the paragraph to better explain the free day for County residents. Commissioner Pritchett advised that she would be glad to make the proposed change. Commissioner Caster referenced IV. Section A and read the last sentence which states that: “A member who is absent from three consecutive meetings shall be considered to have resigned from the Board.” He suggested changing this language to say that any member who has three “unexcused absences” should be considered to have resigned from the Museum Board. Commissioner Pritchett stated that discussion was held at a meeting earlier and it was decided that three unexcused absences should be incorporated into the policy. Vice-Chairman Greer referenced unexcused absences and noted that IV. Section C(6), says that members must “attend all board meetings.” He suggested removing the word “all” from this sentence. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 696 Commissioner Pritchett responded that she would be glad to make the proposed change. Vice-Chairman Greer referenced IV. Section D(3) and asked if the Secretary should have the custody of the minutes and be allowed to carry these documents home. Commissioner Pritchett responded that she did not feel this language referenced the physical custody of the minutes and she asked Assistant County Manager Melvin if she had any suggestion for rewording this sentence. Assistant County Manager Patricia Melvin explained that currently there is an officer known as the Secretary of the Board of Trustees, but the actual records are kept by the Administrative Assistant in the Museum. She advised that the language could be changed to reflect this procedure. Chairman Davis referenced IV. Section 4 which now says that “A member who is absent from three unexcused consecutive meetings shall be considered to have resigned from the Board” and he suggested adding a clause to say that the Commissioners will be so notified of the vacancy. Commissioner Pritchett advised that under the duties of the Secretary listed in D(3), it says that the Chairman of the Board of County Commissioners through the County Clerk shall be notified of any vacancies on the Museum Board. She stated that this sentence could also be placed under IV. Museum Section (4) if so desired by the Board. In further discussion, the Board decided that D(3) was sufficient and should remain unchanged. Chairman Davis reported that the Board of County Commissioners is being requested to adopt the following items: (1) consider amending the Directory of the New Hanover County Boards and Commissions to reflect the changes in number of members, term of office, qualifications, regular meeting showing the date, time, and place ; (2) consider adopting the Policy for the Governance and Operation of the Cape Fear Museum with the Museum By-Laws being amended to comply to the policy; and (3) agree to invite the current members of the Board of Trustees to formally state their interest in continuing to serve on the Museum Advisory Board. Assistant County Manager Melvin advised that if the Board of County Commissioners adopts the amended Governance and Operation Policy for the Museum, the Commissioners should direct the Museum Advisory Board to incorporate this policy into the By-Laws. The Board agreed with this recommendation. Chairman Davis also suggested that a letter should be mailed as soon as possible to formally invite the present members of the Board of Trustees to notify the Clerk to the Board if they would like to continue to serve. Commissioner Pritchett informed the Board that a letter had been prepared and would be mailed immediately to the present members of the Board of Trustees requesting them to sign and return a form saying they want to remain as a member of the Museum Advisory Board. The response must be received by August 20, 2003, or it will be assumed they do not want to serve. Chairman Davis asked if the proposed policy had been mailed to the current members of the Board of Trustees on Friday, August 1, 2003, as requested at the Staff Meeting held on Thursday. Commissioner Pritchett and Assistant County Manager Melvin responded that the policy had been delivered to the current members of the Board of Trustees. Chairman Davis asked if anyone from the audience would like to speak in favor of the amended policy as discussed by the Board. Hearing no comments, Chairman Davis asked if anyone from the audience would like to speak against the amended policy as discussed by the Board. Mr. F. L. Meier, a member of the Cape Fear Museum Board of Trustees, noted that he was not speaking in favor or against the amended policy and stated that many of his concerns had been addressed by the Commissioners through the proposed changes. He informed the Board that many of the Trustees feel that the proposed policy is a form of reprimand that is not deserved. A majority of the members feel that the current Museum Board of Trustees has done a good job, and the Trustees have worked closely with Museum Director Ruth Haas, who is an excellent director. There have been a few times when the Trustees and Director have not agreed on various issues; however, the Trustees are aware that they have no authority over the Director or Staff. Mr. Meier advised that when he was first appointed to serve as a Trustee, he was told that the Museum Board of Trustees was an advisory board empowered with the necessary authority to administer the affairs and carry out the purpose of the Museum subject only to the direction and control of the New Hanover County Board of Commissioners. The Trustees as a board have not had a problem and no attempt has been made to exert authority over the Museum Director or Staff. The Trustees do not come in contact with Staff until proposals are presented by the Education Committee. Through the past six years, the Trustees have disagreed only two times with the proposals submitted by the Education Committee. On one occasion, the Education Coordinator wanted to use rap music for a presentation to children and the Trustees thought this was not wise. After discussion, the issue was resolved. The other occasion was a golf exhibit that the Trustees felt was too expensive and the Director and Staff agreed. The Trustees have had a good relationship with the Director and Staff. He referenced IV. Section C(8) and (9), which read as follows: 8. Report regularly to the Board of County Commissioners and the general public. 9. Otherwise advise the Board of County Commissioners on Museum matters. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 697 Mr. Meier requested the Board of County Commissioners to discuss and explain how the Trustees can report regularly to the County Commissioners. He also noted that if the Trustees are required to advise the Commissioners on Museum matters, this procedure would totally bypass the Director of the Museum. It is difficult to believe that the Commissioners want the Trustees to appear before them and speak in opposition to the way things are being handled at the Museum. He suggested clarification of these two items. In closing, Mr. Meier advised that he was not opposed to the proposal; however, there are members who feel that the Board of Trustees is being emasculated and there is no point in attending meetings when decisions made will not make a difference. Chairman Davis asked if any member of the Board would like to comment on Items 8 and 9 referenced by Mr. Meier. Commissioner Pritchett referenced Section C(8) and advised that a majority of the boards request to be placed on an agenda to present an annual report to the Board of County Commissioners on the activities, accomplishments and future goals of that board. This information is helpful to the Commissioners and should be done on an annual basis by the Museum Advisory Board. Commissioner Pritchett referenced Section C(9) and advised that if the members of the Museum Board feel there is an issue that needs to be presented directly to the Board of County Commissioners without going through the Director of the Museum, C(9) provides that option. Chairman Davis referenced C(8) and suggested using the word “annually” instead of regularly. Commissioner Pritchett agreed and noted that this change would be made. Chairman Davis expressed appreciation to the members of the Cape Fear Museum Board of Trustees for the hard work and effort given to serve as members. He stressed the importance of the Trustees understanding that the proposed policy was not a reprimand, a slap on the wrist, nor was anyone being emasculated. He stated that the purpose of the policy is to clarify some issues for the good and benefit of all parties. Mr. John Bernhard Thuersam, Chairman of the Cape Fear Museum Board of Trustees, expressed appreciation to the Board for an opportunity to speak on this issue. He informed the Board that he felt the action taken was a reprimand particularly when the Trustees were not consulted and do not know why the policy was prepared. There is confusion among the Trustees about what the Commissioners want the Museum Board to accomplish, and Trustees would like clear identification on the authority of this advisory board. Mr. Thuersam reported that after reading the proposed policy, there are some buzz words and phrases in the proposed policy that may give future Trustees a vague idea of their responsibilities and authority. The Board of Trustees is an advisory board that recommends and suggests policies to the Museum Director and Staff. In turn, the Trustees expect Staff to keep the Board of Trustees informed so they can respond as representatives of the County Commissioners and the community. Mr. Thuersam stated as Chairman of the Board of Trustees, he has tried to carrying the duties and responsibilities assigned to the Trustees. When he became a member in June 1999, he received a report entitled How Trustees Can Nail Down Accountability, and he read sections of the document to encourage the new members to know what to expect from Staff. He also read the following section from a report published by the American Association of Museums dated November 17, 1999, after they visited the Cape Fear Museum for potential accreditation. The Commissioners seek to ensure that the Board of Trustees represents the interests and diversity of all of New Hanover County. The visiting committee from AAM regards this as vital to the fulfillment of the missions of the Museum and feels that the Commissioners must remain diligent about ensuring a balanced board composition. During the committee’s visit, the Commissioners, Trustees, and Staff confirmed that the Board of Trustees is presently in transition. Previously an inactive and unengaged body, the Museum Board now consists of individuals with an active interest in shaping the programs, exhibits, policies, and management of the Museum.” Mr. Thuersam stated that he felt this report was not referring to an advisory board. He stressed the importance of clarifying the proposed policy so the Trustees will know how much authority they have been designated. He advised that the current Board of Trustees is Staff driven, and Staff controls the amount of knowledge that the Trustees receive on Museum operations. The Museum Director’s public comment, “that one is micro-managed only if allowed to be,” is a very interesting statement. If Staff does not agree with the Board of Trustees’ policies and advice, Staff can choose to ignore the advice. If this is what the County Commissioners want, remove the authority from the Trustees to implement policies that twelve Trustees feel are appropriate. Mr. Therusam advised that the Trustees are seldom consulted about issues and few, if any committee meetings have been held since January 2003. In reviewing the record, the following committee meetings have been held: Education CommitteeFebruary 26, 2003 Long Range Planning CommitteeFebruary 6, 2003 Finance CommitteeFebruary 27, 2003 CollectionsFebruary 27, 2003 Public RelationsMarch 4, 2003 Buildings and Grounds December 19, 2002 and once this year NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 698 The Trustees must be advised and informed of all current Musuem activities, which is not possible if committee meetings are not held more frequently. When Ms. Kim Mash was appointed to serve on the Museum Board of Trustees in June 2002, she expressed concern about the lack of committee reports. After discussion of this matter, the Board of Trustees decided to hold meetings every other month to allow more time for the committee meetings to be held. It was assumed that a committee meeting would be held every month so the Trustees could have full committee reports at their meetings. This procedure failed miserably because there was no support from Staff. The Board of Trustees reverted back to holding one meeting a month, and the Trustees became involved with performing committee work with nothing being accomplished. In closing, Mr. Thuersam stated that the Trustees feel they have no authority and are just attending meetings. The proposed policy must address this issue. In order to recruit qualified people from the community, the members must feel their services are needed. Problems have been experienced with not having a quorum present and important items are being delayed. He requested the Board of County Commissioners to provide enough authority to the Board of Trustees to accomplish the mission the Board of Commissioners would like to see achieved. Commissioner Pritchett advised that the Chairperson of the Board of Trustees appoints the chairpersons for the committees. If the chairpersons are not doing their job, it is the responsibility of the Chairperson of the Museum Board of Trustees to correct this situation. Staff does not set up committee meetings. The Board of Trustees sets up committee meetings and Staff supplements; therefore, to blame Staff for not holding committee meetings is not fair. There is also a misunderstanding about the organizational structure because Staff is answerable to the Museum Director and the Director is answerable to the County Manager which will not change under the proposed policy. Mr. Thuersam advised that he did not intend to blame Staff but he was looking for the source of the issue. As Chairman, he has been told by Staff there was no reason for a committee to meet if there was nothing to discuss or review. The Board of Trustees has to wait for Staff to present information they claim is necessary to be reviewed before a committee meeting is called. It is August and no committee meetings have been held since March. The Museum is Staff driven regardless of the policies. Chairman Davis again stressed the importance of the Trustees understanding that no member is being reprimanded. He expressed appreciation to Mr. Thuersam for the time given to serve as Chairman of the Museum Board of Trustees and stated that the proposed policy should better define the role of the Trustees and create a smoother operation of the Museum. Hearing no further comments, Chairman Davis requested direction from the Board. Commissioner Boseman asked Commissioner Pritchett if she felt it was necessary to dissolve the current Board. Commissioner Pritchett responded that she did not feel it was necessary to dissolve the current Board of Trustees because there are some experienced members who provide good leadership. Chairman Davis advised that he would rather allow the current members to reapply if they are still interested in serving instead of dissolving the Board of Trustees. Abolishing this Board would be a reprimand which he feels is not necessary. Commissioner Boseman asked if the proposed amended policy adequately addresses the issues that need clarification. Assistant County Manager Melvin responded that the proposed policy should clarify the roles and responsibilities of the members serving on the Museum Advisory Board. Commissioner Caster advised that Commissioner Pritchett modeled this policy after the Library Advisory Board and stated this group has been quite successful. Motion: After hearing no further comments, Chairman Davis MOVED, SECONDED by Commissioner Caster, to adopt the amended recommended Policy for the Governance and Operation of the Museum to be included in the By- Laws of the Cape Fear Museum Advisory Board; adopt the outline to be included in the Directory of New Hanover County Boards and Commissions; and agree to invite the current members of the Board of Trustees to formally state their interest in continuing their membership prior to August 20, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis advised that appointments to the Cape Fear Museum Advisory Board would be made by the Board of County Commissioners on September 2, 2003. He requested the Clerk to the Board to amend the current Directory of New Hanover County Boards and Commissions, forward a letter of invitation to current members of the Board of Trustees requesting each member to state their interest in continuing to serve on the Cape Fear Museum nd Advisory Board, and advertise the vacant positions for appointments to be made on the 2 of September. Chairman Davis also requested Assistant County Manager Melvin to direct the Cape Fear Museum Advisory Board to amend its By-Laws to be consistent with the actions taken by the Board of County Commissioners on August 4, 2003. Chairman Davis reported that discussion was held by the Board of County Commissioners at the Thursday Staff Meeting about amending the Committee Application to reflect a Conflict of Interest clause and to require that all persons appointed to boards must live in New Hanover County. Vice-Chairman Greer advised that discussion was held on this item and it was decided for the Clerk to the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 699 Board to present these items on the August 18, 2003 agenda. Clerk to the Board, Lucie F. Harrell, advised that an item would be placed on the August 18, 2003, agenda requesting approval of changes to the Committee Application and Policy and Procedures for Appointments to County Boards, Commissions, Committees and Authorities. APPOINTMENT OF VICE-CHAIRMAN ROBERT G. GREER TO SERVE AS THE VOTING DELEGATE FOR NEW HANOVER COUNTY AT THE ANNUAL CONFERENCE OF THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS Chairman Davis announced that the Board has been requested to appoint a Voting Delegate to represent New Hanover County at the Annual Conference of the N. C. Association of County Commissioners to be held in Guilford County on August 14-17, 2003. Motion : Chairman Davis MOVED, SECONDED by Commissioner Caster, to appoint Vice-Chairman Robert G. Greer to serve as the voting delegate at the Annual Conference of the N.C. Association of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. ACKNOWLEDGMENT OF NEW HANOVER COUNTY BOARD OF EDUCATION FY 2003-2004 BUDGET RESOLUTION Budget Director Cam Griffin reported that for the purposes of informing the Board and the public, she was presenting the FY 2003-2004 Budget Resolution for New Hanover County Schools that was adopted by the New Hanover Board of Education on July 1, 2003. She requested the Board to acknowledge the resolution and approve the use of fund balance (local funds) in the amount of $1,000,000 to fund current expenses and $1,112,430 to fund Capital Outlay in the New Hanover County Board of Education FY 2003-2004 budget. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to acknowledge the FY 2003-2004 Budget Resolution as approved by the Board of Education for the New Hanover County Schools as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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. No items were presented. ADDITIONAL ITEMS Additional Items Presented by Commissioner Pritchett Commissioner Pritchett made a brief report on the meetings attended during the past two weeks. 1. Attended the Transportation Summit on July 23, 2003, where Secretary Tippett reported that North Carolina has seen a 37% increase in population since 1980 with a 116% increase in transportation needs, which explains why there are so many traffic jams. North Carolina Moving Ahead has identified $700 million in State transportation needs with one-third in public transportation for rural areas. Mr. Eric Stromberg, Executive Director of the N. C. State Ports, reported that the Wilmington Port expects to see a 30% increase in one-way container trucks by 2005 and a 150% increase in the next five years. This means that roads will have to be improved and built to handle the increased number of trucks. Road upgrades were also discussed at the summit, and it is important for the Commissioners to plan for the impact of these roads on neighborhoods. 2. Attended and welcomed the Retired Senior Volunteers and Foster Grandparents at the Annual Meeting of the RSVP. During the past year, over 800 senior volunteers contributed more than 160,000 hours in services to 60 non-profit and County agencies. In dollars and cents, these volunteer hours represent $2,646,400. In addition, 44 Foster Grandparents spent a minimum of 20 hours per week helping children with reading and math providing one-on-one assistance which most children never receive in a life time. New Hanover County is fortunate to have such a large group of volunteers who enjoy providing services to our citizens. 3. Attended a meeting on the condition of water in Howe Creek, which was pristine at one time. It is hoped that the quality of water can be improved. Also attended a meeting of the Coastal Habitat Plan public hearing, which was interesting. 4. Attended and participated in the Maritime Day Observances celebration. It was a wonderful event and should be held each year. 5. The State budget cuts for the Partnership for Children through the Smart Start program will negatively impact a number of local and County programs. This will create the need for fund raising events to offset the cuts. Additional Items Presented by Chairman Davis 1. Chairman Davis reported that he had been meeting with Steve Bilzi, Chairman of the Board of Education, on a monthly basis to keep the lines of communication open between the County and New Hanover County Schools. He advised that the Board of Education would like to meet with the County Commissioners in NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 700 October to update the Commissioners on the activities of the schools. After discussion, the Board agreed to schedule a joint meeting with the Board of Education in October. Chairman Davis advised that he would forward this information to Mr. Bilzi. Additional Items Presented by Commissioner Caster 1. Commissioner Caster referenced his email regarding the Community Mediation Center and suggested exploring the possibility of using this group when deciding on planning and zoning issues. He requested the Board to place this item on a future agenda. County Manager O’Neal informed the Board that Staff would be meeting with Ms. Atkinson, a representative of the Community Mediation Center, within the next week to discuss how to develop a plan to implement a mediation process. Once more information is obtained, the Board will be informed. 2. Commissioner Caster referenced his email regarding the possibility of selling County properties and stated that he had requested a list of properties and the procedure to use when trying to determine if it would be beneficial for the County to sell some of the properties. After discussion, County Manager O’Neal advised that he would be glad to fax a list of County owned properties. 3. Commissioner Caster suggested requiring a Commissioner interested in serving on a board to fill out a Committee Application so the other members will be aware of this fact. He suggested discussing this issue at a future meeting of the Board. After discussion, the Board agreed to require the interested Commissioner to write a memorandum to the other members informing them of his or her interest in serving on a particular board or committee. A copy is to be forwarded to the Clerk to the Board so the Commissioner’s name will appear on the agenda sheet for the committee appointment. Additional Items Presented by Commissioner Boseman 1. Commissioner Boseman commented on the 800MHZ problems being experienced at Carolina and Kure Beaches and stated that a suggestion was made by City Council Member Jason Thompson to investigate using the Medical Center tower. In further discussion, Assistant County Manager Dave Weaver advised that some thought had been given to using the tower in the past, but there was concern about the height of the tower not meeting the needs of the County. He advised that Staff will be presenting an agenda item on August 18, 2003, requesting the Board to consider hiring a consultant to review the options available, and stated that he would glad to include the Medical Center tower in list of options. Commissioner Boseman requested Assistant County Manager Weaver to contact Council Member Thompson about the tower being included in the options. 2. Commissioner Boseman advised that Commissioner Pritchett had agreed to fill her position on the Transportation Advisory Committee (TAC). She stated with the time she spends as a Trustee on the Medical Center Board, she would like for the Commissioners to consider appointing Commissioner Pritchett to complete her term on the TAC. Motion: Commissioner Boseman MOVED, SECONDED by Vice-Chairman Greer, to appoint Commissioner Pritchett to fill the unexpired term on the Transportation Advisory Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. 3. Commissioner Boseman commented on recent problems occurring at the Wilmington Police Department and stated that it would be an ideal time to discuss merging law enforcement with the City. After further discussion, County Manager O’Neal advised that he and City Manager Cheatham have identified a facilitator for merging water and sewer services and they will be meeting with that individual next week. He stated that he would be glad to request the City Manager to poll the Council members to see if they would be interested in merging law enforcement. CLOSED SESSION Chairman Davis called for a motion to enter into a Closed Session pursuant to GS 143-318.11(6) to conduct performance evaluations of the County Manager, County Attorney, and Clerk to the Board; pursuant to N.C.G.S.143- 318.11(a)(1) and (3) to prevent the disclosure of privileged and confidential information; and to consult with the County Attorney concerning the handling of a legal matter; and pursuant to N.C.G.S.131E-97.3 for information relating to competitive health care activities on behalf of New Hanover Regional Medical Center. Chairman Davis called for a motion to convene to Closed Session. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to enter into Closed Session for the purpose stated. Upon vote, the motion CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, AUGUST 4, 2003PAGE 701 Chairman Davis convened to Closed Session at 8:15 p.m. Chairman Davis reconvened to Regular Session at 9:25 p.m. Chairman Davis reported that during the Closed Session, discussion was held with the County Attorney about a legal matter and competitive health care activities involving New Hanover Regional Medical Center. He reported that no action was taken. Chairman Davis also reported that during the Closed Session, the Commissioners spoke with the County Manager, County Attorney, and Clerk to the Board individually and then conducted performance evaluations. As a result of the performance evaluations, the Board of County Commissioners agreed to a salary increase of $6,000 for the Clerk to the Board, since Ms. Lucie F. Harrell will be retiring April 1, 2004. He noted that she would be sorely missed. Chairman Davis also reported that County Attorney Wanda M. Copley received a $3,000 salary increase plus two additional days of paid vacation, and County Manager O’Neal received a salary increase of $5,000. The County Commissioners received a 2% salary increase, which is the percentage budgeted for County employees. He expressed appreciation to Ms. Harrell, Ms. Copley and Mr. O’Neal for the time and effort given to serve the Board of County Commissioners and the citizens of New Hanover County. ADJOURNMENT Hearing no further comments, Chairman Davis requested a motion to adjourn the meeting. Motion: Commissioner Boseman MOVED, SECONDED by Vice-Chairman Greer, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:35 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board