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2003-09-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 754 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 15, 2003, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: 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 Mr. Carl Byrd, Sr., Director of Human Relations, gave the invocation. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. 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. Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes for the following meetings as presented by the Clerk to the Board: Regular MeetingSeptember 2, 2003 Budget Work SessionJune 12, 2003 Acceptance of Senior Center General Purpose Funds in the Amount of $8,711 The Commissioners accepted Senior Center General Purpose Funds for FY 2003-2004 in the amount of $8,711 on behalf of the Department of Aging. These funds are available because the New Hanover County Senior Center has earned the title of being a "Senior Center of Excellence". General Purpose funds require a 25% match of $2,904. The match and anticipated revenue are in the Department of Aging's approved FY 2003-2004 budget so no additional County money is required. The Chairman was authorized to sign the agreement accepting the funds. A copy of the agreement is on file at the Senior Center. Acceptance of Donation from the Volunteer Older Citizens Action League, Inc., (VOCAL) in the Amount of $4,555 and Approval of Associated Budget Amendment #04-0051 The Commissioners accepted a donation from the Volunteer Older Citizens Action League, Inc. (VOCAL) in the amount of $4,555 on behalf of the Department of Aging and approved associated Budget Amendment #04-0051. The money will be used to purchase a computer, two printers, copier supplies/rental and volunteer recognition for special programs. VOCAL is a non-profit organization whose mission is to promote additional programs offered by the Senior Center. Budget Amendment #04-0051-Aging AdjustmentDebitCredit Other- Contribution from VOCAL$4,555 Rent on Copier$ 240 Departmental Supplies$2,915 Volunteer Recognition$1,400 Explanation: To budget a contribution from the Volunteer Older Citizens Action League. Adoption of Resolution Accepting Donation of a 1988 GMC Cargo Van for the Special Operations Program of the New Hanover County Fire Services and Approval of Associated Budget Amendment #04-0047 The Commissioners adopted a resolution accepting the donation of a 1988 GMC cargo van valued at $2,750 for the Special Operations Program of the New Hanover County Fire Service from the General Electric Company and approved Associated Budget Amendment #04-0047. The County Fire Chief has inspected the cargo van and has determined that the van would be an asset to the current program. County Staff was directed to process any required documents related to the transaction. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XVIII, Page 18.1. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 755 Budget Amendment #04-0047-Special Fire Service District/Fire Departments AdjustmentDebitCredit Contribution$2,750 Motor Vehicle Purchases $2,750 Explanation: To budget acceptance of the cargo van donation. Acceptance of FY 2003-2004 HUD Cooperative Agreement Continuation Grant in the Amount of $43,600 and Approval of Associated Budget Amendment #04-0037 The Commissioners accepted the award of a FY 2003-2004 HUD Cooperative Agreement Continuation Grant in the amount of $43,600 and approved Associated Budget Amendment #04-0037. The County Manager was authorized to sign the grant documents. Budget Amendment #04-0037-Human Relations AdjustmentDebitCredit HUD Grant$3,600 Travel and Training$3,600 Explanation: To increase the budget to the actual amount awarded for the FY 2004 HUD Grant award. (Budgeted $40,000 and the actual grant amount was $43,600) Approval of Five Additional School Health Nurse Positions at the Health Department and Approval of Associated Budget Amendment #04-0053 The Commissioners approved five additional School Health Nurse positions and approved associated Budget Amendment #04-0053. The new positions are needed to provide improved medical care coverage in the schools. The School Administration will provide funding for these positions by increasing its contribution to the County by $90,583 for the remainder of the school year. The contribution to the County from the Schools will be appropriated from Medicaid Outreach Claiming Funds. These funds will not reduce Medicaid funding received by the County from the State. Budget Amendment #04-0053-School Health Adjustment Debit Credit Contributions From Schools$90,358 Salaries and Wages$68,051 Social Security Taxes$ 5,206 Retirement Local Govt. Employee$ 3,389 Medical Insurance$ 8,694 Lt. Disability Insurance$ 143 Departmental Supplies$ 1,875 Employee Reimbursements$ 1,500 Training and Travel$ 1,500 Explanation: To budget additional School Health Nurse positions as funded by New Hanover County Schools. Approval of the Sale of a Portion of Land Next to the Northeast Branch Library on Military Cutoff Road to the NCDOT for $129,000 The Commissioners entered into an agreement with the NCDOT to sell a portion of County owned property next to the Northeast Branch Library at a price of $129,000 as part of the widening project for Military Cut-Off Road. It is anticipated that bids will be let for the project in April, 2004. The Chairman was authorized to execute the necessary documents. A copy of the agreement is on file in the Legal Department. Approval of Request from Leland D. Egland to Reduce the Tax Value of His Residence, Parcel #R05110-008-027-000 The Commissioners approved a request from Leland D. Egland to reduce the tax value of his residence, Parcel #R05110-008-027-000, to $1,220,892, as recommended by the Tax Administrator. Mr. Egland appealed the decision of the 2003 New Hanover County Board of Equalization and Review to the North Carolina Property Tax Commission. During conversations with Mr. Egland, it was discovered that the listing agent had inflated the advertised square footage of the home between 6,600 to 6,700 square feet. Since the house has irregular shapes, the square footage provided by the listing agent was initially used by the Tax Department to calculate the tax value. Prior to the Board of Equalization and Review, it was determined that the total square footage was 6001 square feet. After the Board of Equalization and Review, Mr. Egland provided the blue prints which identified 5,413 heated square feet. This is considered a clerical error and is correctable under North Carolina General Statutes. The information provided to the Tax Department was inaccurate and misleading; therefore, it is appropriate to reduce the square footage NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 756 from 6,001 to 5,413, which results in a new tax value of $1,220,892. That is a reduction in tax value of $153,781. Mr. Egland has reluctantly agreed to this value. Release of Value The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers: Halsey, Charles T. Jr.$ 28,576 Hicks, Rovenia S.$ 34,816 McPhatter, Wilbur$ 33,929 Miles, W. L. Robin W.$124,459 Mitchell, George Jr.$ 46,729 Odum, Lillian E.$ 53,708 Stempkowski, Anna Etal.$ 47,050 Suggs, Frances$ 44,954 Thomas, Lucille Irving$ 31,867 Wade, Homer U L & Mary Grace Corvelli$ 75,619 The Commissioners approved delinquent applications for exemption from property tax for the following organization: North Wilmington Community ChurchR03312-003-030-000 and R03312-003-029-000 Acceptance of Tax Collection Reports Through August 31, 2003 The Commissioners accepted the following Tax Collection Reports through August 31, 2003, 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 18.2. Acceptance of Grant Funds in the Amount of $49,000 from the New Hanover County-Safe Schools’ Grant for the “U4Youth Program” The Commissioners accepted grant funds in the amount of $49,000 from the Early Childhood component of New Hanover County-Safe Schools’ grant for the U4Youth Program. These funds will support salary/fringe and operating costs for a Child Find Specialist in the Personal Health Division of the Health Department for a grant period of three years. This position will coordinate enhanced Child Find community activities with other key agencies serving children from birth to five years of age to identify and ensure services are provided to prepare them for school. Approval of Safe Kids Grant Application in the Amount of $2,500 to Support the Risk Watch Program and Approval of Associated Budget Amendment #04-0041 The Commissioners approved a grant application to National Safe Kids Grant in the amount of $2,500 to support the Risk Watch Program to reduce fire incidents, death and injuries. National Safe Kids has formed a partnership with the U. S. Fire Administration and FEMA to make grant funding available to local Safe Kids partnerships who are willing to partner with local fire agencies. The New Hanover County Safe Kids Program will be partnering with the City of Wilmington and New Hanover County Fire Services. The County Manager was authorized to accept the grant if awarded and to approve the associated Budget Amendment. Budget Amendment #04-0041-Health/Safe Kids Coalition AdjustmentDebitCredit Safe Kids Coalition$2,500 Departmental Supplies$2,500 Explanation: To budget additional $2,500 received from the Safe Kids Coalition to support the Risk Watch Program. Acceptance of LSTA Special Training Lab Grant in an Amount up to $30,000 for the Library Computer Lab at the Northeast Regional Library The Commissioners accepted a grant up to $30,000 from The North Carolina State Library to provide equipment for the library computer labs, which were originally funded through the Gates Foundation. No County funds are required. New Hanover County qualifies for these grants and will be using the funds to upgrade equipment at the Northeast Regional Library. The County Manager was authorized to sign the grant documents and approve the associated Budget Amendment. Approval of Budget Amendment #04-0033-Various Departments The Commissioners approved the following Budget Amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 757 Budget Amendment #04-0033-Various Adjustment Debit Credit General Fund: County Commissioners Appropriated Fund Balance $629,806 NHC-TV: Departmental Supplies $ 2,864 Finance: Printing Charges $ 1,626 Departmental Supplies $ 213 Information Technology: Contracted Services $ 1,495 M&R Equipment $ 8,969 Computer Expenses $66,288 Tax: Computer Expenses $29,788 Register of Deeds: Contracted Services $ 1,029 Capital Outlay - Equipment $ 8,945 Property Management: Contracted Services $ 3,000 M&R - Buildings and Grounds $20,576 Building $ 2,417 Computer Expenses $ 1,801 Corning Project: Other Improvements $ 3,577 Public Safety Communications: Departmental Supplies $ 1,915 Contributions to Outside Agencies $ 12,492 Computer Expenses $ 6,319 Sheriff/Comm. Oriented Police Uniforms $ 420 Sheriff/Detention: Radios $ 83,346 Departmental Supplies $ 36,378 Uniforms $121,756 Computer Expenses $ 9,234 Sheriff/Uniform Patrol: Cleanup $ 4,614 Sheriff/Detectives: Computer Expenses $ 3,092 Emergency Management: Departmental Supplies $ 2,052 Computer Expenses $ 9,162 Planning: Contracted Services $ 14,163 Departmental Supplies $ 712 Computer Expenses $ 2,700 Airlie Gardens: Equipment Rent $ 1,955 Contracted Services $ 7,683 M&R - Buildings and Grounds $ 1,320 Printing Charges $ 4,894 Departmental Supplies $ 4,021 Uniforms $ 1,509 Other Improvements $ 3,793 Health/Environmental Health: Departmental Supplies $ 5,640 Health/Vector Control: Departmental Supplies $ 4,082 Health/PH/Bioterrorism: Computer Expenses $ 387 Health/Administration: Computer Expenses $ 12,438 Health/Child Health: Departmental Supplies $ 83 Health/Project Assist: Computer Expenses $ 139 Social Services/Admin: Computer Expenses $ 52,825 Library: Computer Expenses $ 1,605 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 758 Budget Amendment #04-0033-Various (Cont.) Adjustment Debit Credit Parks: M&R -Buildings and Grounds $ 2,159 Motor Vehicle Purchases $ 9,116 Museum: Contracted Services $ 7,294 M&R - Building and Grounds $ 34,993 Departmental Supplies $ 950 Computer Expenses $ 11,977 Auto. Enhancement Fund: Appropriated Fund Balance $163,134 Computer Expenses $163,134 Fire Services: Appropriated Fund Balance $ 2,314 Fire Services Admin: Safety Equipment $ 2,314 Environmental Management: Appropriated Fund Balance $406,970 Landfill: Equipment Rent $ 56,836 Contracted Services $241,519 Recycling: Contracted Services $ 10,000 Departmental Supplies $ 1,400 WASTEC – Admin: Other Improvements $ 42,000 WASTEC – Maintenance: Contracted Services $ 1,248 M&R - Equipment $ 53,967 Water and Sewer: Appropriated Fund Balance $ 158,321 W & S Finance: Revolving Loan Fund $ 523 W & S Engineering: Contracted Services $ 14,872 Clean Up $ 2,090 Capital Project Expense $ 117,854 Motor Vehicle Purchases $ 20,482 W &S Drainage: Contracted Services $ 2,500 Explanation: To budget appropriated fund balance for outstanding purchase orders as of June 30, 2003. The amounts should be added to each appropriation as it appears in the Budget Ordinance to account for the payment against the fiscal year in which it is paid. (Adopted in Budget Ordinances for FY 2003-2004 dated June 16, 2003.) Approval of Budget Amendment #04-0036-Various The Commissioners approved the following Budget Amendment: Budget Amendment #04-0036-Various Adjustment Debit Credit General Fund: County Commissioners: Appropriated Fund Balance $1,530,358 NHC-TV: Capital Outlay - Equipment $ 90,000 Information Technology: Contracted Services $ 170,000 Legal Capital Outlay - Equipment $ 8,600 Engineering: Temporary Salaries $ 18,821 Corning Project: Contingencies $ 416,376 Sheriff - Detention: Capital Outlay - Equipment $ 80,251 Sheriff - Uniform Patrol: Safe Summer Program $ 3,012 Emergency Management: Capital Outlay - Equipment $ 65,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 759 Budget Amendment #04-0036-Various (Cont.) Adjustment Debit Credit Economic and Physical Dev: Wilmington Film Commission $ 125,000 Health - Vector Control: Building $ 86,000 Contracted Services $ 25,000 Health - Animal Control: Other Improvements $ 54,116 Social Services- Adoption Assist: Special Child Adoption $ 19,232 Social Services - Child Day Care: Share the Care $ 17,000 Airlie Gardens: Contracted Services $ 78,000 Parks: Other Improvements $ 192,000 Museum: Land Costs $ 9,950 Contracted Services $ 23,000 Departmental Supplies $ 10,000 Other Improvements $ 39,000 Special Fire Service District: Appropriated Fund Balance $ 14,134 Fire Departments: Contracted Services $ 12,500 Fire Services Operations: Departmental Supplies $ 1,634 Environmental Management Fund: Appropriated Fund Balance $ 179,500 Wastec: Other Improvements $ 179,500 Water and Sewer District Fund: Appropriated Fund Balance $1,090,003 Water and Sewer Finance: Revolving Loan Fund $ 30,904 Water & Sewer Engineering: Capital Project Expense $1,059,099 Explanation: To rollover the following expenditures from FY 2002-2003 to FY 2003-2004. The above items were budgeted in FY 2002-2003, but completion of transaction or project did not occur prior to June 30, 2003. •General Fund: NHC-TV: Funds for continued improvements in NHC-TV. •Information Technology: Funds for the microwave tower and automated tax system. The microwave tower is to provide an alternate and backup communication facility at the administrative annex. •Legal: Funds for a filing system •Engineering: Funds for temporary position at new detention facility. •Corning Project: Funds to continue work on the New Administration Annex. •Sheriff: Detention: Video Arraignment Equipment •Uniform Patrol: Safe Summer Camp •Emergency Management: Funds for enhancements (required by Progress Energy), to the new Emergency operation Center (EOC) such as a new and upgraded radio and other communication, projection and security equipment. (Project Energy Donated the Funds) •Wilmington Film Commission: Support for One Tree Hill production. •Public Health/Vector Control: Funds for storage building and mosquito spraying. •Animal Control: Funds for Spay Neuter Building •DSS: Funds for Special Assistance Adoption Funds and Child Day Care Share the Care. •Airlie Gardens: Funds for the maintenance and improvements to the Gardens •Parks: Funds for improvements to Hugh MacRae Park. •Museum: Funds for maintenance and improvements to Cape Fear Museum and its operation. •Fire Service District: Funds for equipment and joint Training Facility. •Environmental Management: WASTE Administration: Carbon Injection System for Boilers #1 and #2. •Water and Sewer District: Funds for Capital Projects and the Revolving Loan Fund Program Approval of Budget Amendment #04-0038-Emergency Management The Commissioners approved the following Budget Amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 760 Budget Amendment #04-0038-Emergency Management AdjustmentDebitCredit USAR Grant$6,284 Supplies$6,284 Explanation: To budget an Urban Search and Rescue Grant for Emergency Management. The grant was approved by the Commissioners at the September 16, 2002 meeting. The funds will be used to purchase protective clothing for the Urban Search and Rescue Team. Budget Amendment #04-0039-Various The Commissioners approved the following Budget Amendment: Budget Amendment #04-0039-Various Adjustment Debit Credit Museum-Grassroots Science: Grassroots Science Grant $270,239 Administrative Reserve $270,239 Juvenile Day Reporting Center-Schools: Contribution from Schools $ 57,512 Contracted Services $ 1,500 Postage $ 330 M&R-Bldgs and Grounds $ 1,500 Printing $ 1,000 Duplicating and Copying $ 970 Supplies $ 50,012 Books and Periodicals $ 2,000 Food Purchases $ 500 Uniforms $ 1,000 Employee Appreciation Day $ 1,000 Employee Reimbursements $ 300 In-House Training $1 ,000 Computer Expenses $ 3,400 Human Relations-HUD: HUD Grant $ 49,310 Training and Travel $ 49,310 Museum: IMS-Museum Grant $ 15,816 Contracted Services $ 11,710 Supplies $ 1,950 Training and Travel $ 2,156 Explanation: To rollover unexpended grant funds from FY 2002-2003. Approval of Budget Amendment #04-0042-Health/Laboratory The Commissioners approved the following Budget Amendment: Budget Amendment #04-0042-Health/Laboratory AdjustmentDebitCredit State Grant$3,000 Computer Expenses$3,000 Explanation: To budget $3,000 received from the State Bioterrorism Program to be used specifically for a computer and printer in the Health Department Laboratory. Approval of Budget Amendment #04-0043-Health: Laboratory/Administration/Child Service Coordination/Maternal Outreach/Maternity Care/Family Planning The Commissioners approved the following Budget Amendment: Budget Amendment #04-0043-Health: Laboratory/Administration/Child Service Coordination/Maternal Outreach/Maternity Care/Family Planning Adjustment Debit Credit Laboratory: Medicaid Maximization Funds$ 4,500 Administration: Medicaid Maximization Funds $155,833 Child Health: Medicaid Maximization Funds$ 68,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 761 Budget Amendment #04-0043-Health: Laboratory/Administration/Child Service Coordination/Maternal Outreach/Maternity Care/Family Planning (Cont.) Adjustment Debit Credit Maternal Outreach: Medicaid Maximization Funds$ 12,000 Maternity Care: Medicaid Maximization Funds$ 10,000 Family Planning: Medicaid Maximization Funds $ 23,000 Laboratory: Capital Outlay - Equipment$ 4,500 Administration: Contracted Services$15,000 Telephone Expense $ 1,200 M&R Equipment $ 500 Departmental Supplies $ 4,000 Building $39,933 Other Improvements $53,200 Computer Expenses $34,500 Capital Outlay - Equipment $ 7,500 Child Health: Salaries and Wages $68,000 Maternal Outreach: Salaries and Wages$12,000 Maternity Care: Salaries and Wages $10,000 Family Planning: Departmental Supplies$23,000 Explanation: Medicaid Maximization Funds are cost settlement funds which were reimbursed to the New Hanover County Health Department for services provided from July 2001 through June 2002. These funds must be spent in the programs that provide services (such as Child Service Coordination) or are part of the Women's and Children's Health Programs (such as immunizations) or programs that provide administrative/medical records support to these programs. Approval of Budget Amendment #04-0049-Controlled Substance The Commissioners approved the following Budget Amendment: Budget Amendment #04-0049-Controlled Substance Adjustment Debit Credit Controlled substance Tax$3,361 Interest on Investments$1,453 Capital Project Expense$4,814 Explanation: To increase the budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as deemed necessary by the Sheriff. Approval of Budget Amendment #04-0050-Federal Forfeited Property The Commissioners approved the following Budget Amendment: Budget Amendment #04-0050-Federal Forfeited Property Adjustment Debit Credit Federally Forfeited Property$57,071 Interest on Investments$ 844 Capital Project Expense$57,915 Explanation: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as deemed necessary by the Sheriff. Approval of Budget Amendment #04-0052-Firing Range Capital Project The Commissioners approved the following Budget Amendment: Budget Amendment #04-0052-Firing Range Capital Project AdjustmentDebitCredit Interest on Investments$4,220 Capital Project Expense$ 24 Transfer to General Fund$4,244 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 762 Explanation: For accounting purposes only. To close Fund 346-Firing Range. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS Chairman Ted Davis, Jr., presented New Hanover County Service Awards to the following employees: Five Years of Service Judith A. Neujahr Sheriff's Department Patrick B. Sellers Sheriff's Department Stanley B. Taylor Sheriff's Department Nancy L. Willaford Sheriff's Department Barbara E. Codero Health Department Ten Years of Service Norma S. Troutman Budget Department David E. MacAlpine Sheriff's Department William N. Lewis (Neal) Parks Department John J. Norton Parks Department Fifteen Years of Service Carl R. Sullivan WASTEC (Landfill) Twenty Years of Service Bette Jean Anderson Social Services Faye H. Smith Social Services Lib HewettTax Department Thirty Years of Service Helen C. McKoy Social Services On behalf of the Board, Chairman Davis expressed appreciation to these employees for their years of dedicated service to New Hanover County. A round of applause was given to the employees. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: Karen WagnerBudget Department David HeathFire Services Carrie SnellHealth Department Richard JohnsonParks Department Clyde HemmingwayProperty Management Timothy PlessProperty Management Jacqueline MooreRegister of Deeds Eleanor DavisSocial Services On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover County government and wished them success with their new positions. ADOPTION OF A RESOLUTION RECOGNIZING THE NEW HANOVER COUNTY HOUSEKEEPING STAFF County Manager O’Neal announced that it was an honor for him to read a resolution in recognition of International Housekeepers Week in New Hanover County. He expressed appreciation to the Housekeepers who are responsible for maintaining a safe, clean and healthy working environment for all employees. County Manager O’Neal read the proclamation into the record and requested the Board to adopt the resolution. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the resolution declaring the week of September 14-20, 2003 as International Housekeeping Week in New Hanover County to recognize the dedication and hard work of the Housekeeping Staff. Upon vote, the motion CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis presented the proclamation to the Housekeeping Staff, and expressed appreciation to them for the many jobs they perform. A round of applause was given to the Housekeepers. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XVIII, Page 18.3. CONSIDERATION OF NAMING THE DIVISION DRIVE COMPLEX OF BUILDINGS AFTER WINFRED SIMPSON, FORMER LONG-TIME DIRECTOR OF NEW HANOVER COUNTY PROPERTY MANAGEMENT DEPARTMENT County Manager O’Neal reported that in honor of Mr. Winfred Simpson who worked for Property Management from October 31, 1972 until he died on February 22, 2001, Staff would like to name the complex of buildings on Division Drive the “Winfred Simpson Complex” and unveil a plaque in his honor. If this request is approved, there will be a dedication service on October 31, 2003, 11:00 a.m. at the Property Management Complex. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 763 Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to approve naming the complex of buildings owned by the County on Division Drive as the Winfred Simpson Complex and authorize the purchase of a plaque for the dedication service. Upon vote, the MOTION CARRIED UNANIMOUSLY. BRIEF REPORT ON HURRICANE ISABEL Director of Environmental Management Warren Lee reported that the 5:00 a.m. forecast indicated that a strong ridge was forming over North Carolina from Canada to the east side of Hurricane Isabel. The projection is that Hurricane Isabel will move to the west of the ridge and continue on a west northwesterly track for the next two days. As time passes, the hurricane is projected to continue on this tract and then take a more northwesterly track. The current projection is that Hurricane Isabel could make landfall anywhere from Myrtle Beach to north of Virginia Beach. Hurricane force winds are now at 160 mph and winds extend 105 miles from the center. In concluding his remarks, Director Lee informed the Board that Hurricane Isabel is an enormous storm that will produce tropical force and hurricane force winds along the North Carolina coast. He advised that Emergency Management would be prepared to activate emergency procedures whenever necessary. County Manager O’Neal urged the public to take the storm seriously even though it is predicted to bypass New Hanover County. He advised that during the next week, the County may have to declare a State of Emergency and reported that preparations have been made to open the Emergency Operations Center and shelters if needed. Chairman Davis, on behalf of the Board, expressed appreciation to Director Lee for the report and stated the Board will be ready to take the necessary actions. CONSIDERATION OF REQUEST TO APPROVE ARCHITECTURAL SERVICES FOR A COMBINED EMERGENCY OPERATIONS CENTER AND PUBLIC SAFETY COMMUNICATIONS CENTER (911 CENTER) BUILDING TO BE LOCATED AT MARKETPLACE MALL Deputy County Manager Andrew J. Atkinson reported that discussion was held at the Commissioners’ September 2, 2003 meeting about combining the Emergency Operations Center (ECO) and 911 Center into one building at Marketplace Mall. He advised that after working with both architects, a concept has been prepared to combine the functions. Deputy County Manager Atkinson presented a sketch of proposed building showing how the two departments would be combined with a common area between the two functions. He also explained that the footprint of the building would fit well on the site and stated it would be an attractive structure. In closing, Deputy County Manager Atkinson presented the preliminary budget for the project: New Construction$1,000,000 Renovations$ 406,980 Tower$ 246,000 Communications wiring$ 500,000 Generators$ 100,000 Site Modifications$ 200,000 FF&E$ 500,000 Architect fees$ 250,000 Preliminary Budget$3,302,980 Other Items: Gold’s Gym Renovations $ 500,000 - Certificates of Participation County Admin. Bldg. - Renovation of$ 114,000 stnd - 1 & 2 Floors to be rented to the City Total Capital Project $3,916,980 The Capital Project Ordinance was presented showing how the project will be financed: Transfer from the General Fund$1,530,071 Transfer from the Jail Capital Project 1,500,000 Transfer from Annex Capital Project 500,000 Certificates of Participation (if needed) 386,909 Total$3,918,980 In concluding the presentation, Deputy County Manager Atkinson advised that he would be glad to answer questions. Chairman Davis noted that the 911 Center and Emergency Operations Center (E0C) were currently located in the Law Enforcement Center (LEC). He stated that several calls have been received about the City requesting the County to consider placing the 911 Center and the EOC in the new Police Department Building being constructed on Bess Street. He requested County Manager O’Neal to comment on this issue. County Manager O’Neal reported that he did not feel locating these functions in the new Police Department Building would be a good idea because of the following reasons: 1. Locating the 911Center and the EOC at Marketplace Mall will provide a central location for all residents of the County to better access these facilities. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 764 2. Since the 911Center and EOC serve all agencies throughout the County, locating these facilities in the new Wilmington Police Department would create an image of these services being a City function. 3. The 911 Center, EOC, and Emergency Management Department need to be located at Marketplace Mall near the Inspections Department and the Engineering Department because the coordination of these functions are critical in the recovery stage after a hurricane event. In concluding his remarks, County Manager O’Neal informed the Board that in 1992, the City notified the County without any discussion that the City would no longer provide the City Dispatch service after the end of the fiscal year. The County assumed this responsibility and provided a majority of the City dispatchers a job in the 911 Center. Discussion followed on seismic requirements for the new building, County Manager O’Neal informed the Board that the EOC and 911 Center would be required to meet wind load and seismic building codes because the 911 Center is the nerve center of the County during any emergency event. Chairman Davis commented on the recent negotiations with First Baptist Church about the Law Enforcement Center (LEC) and stated without knowing the future of this building, would it be wise for the Board to spend money to design a new building at Marketplace Mall until this issue has been resolved. After a lengthy discussion on the need to immediately upfit the 911 Center and to expand the EOC because of space needs, Deputy County Manager Atkinson stressed the importance of locating both functions at one site and stated that $1,500,000 was already budgeted to construct a new building at Marketplace Mall. He also noted that the LEC did not have sufficient space to accommodate the space needs of both functions. Chairman Davis requested an explanation of the funding for the Gold’s Gym area. Deputy County Manager Atkinson responded that the $500,000 was placed in an account to upfit the additional 14,000 square feet of unfinished space. Since the air-conditioning system at Gold’s Gym is not connected to the County’s system at the Marketplace Administrative Annex Building, the two HVAC systems will have to be connected once this space becomes available. Chairman Davis commented on relocating the 911 Center and EOC to Marketplace Mall and asked how the space in the Law Enforcement Center would be used if the building is not sold. Deputy County Manager responded that a decision would have to be made by the Board on how the space could be used. Chairman Davis commented on renting the first two floors in the County Administration Building and asked why $114,000 had to be spent on renovating this space for the City to rent. Deputy County Manager Atkinson responded that the space had to be redesigned to accommodate the needs of the City and stated that all renovation costs will be offset by the rent received from the City. Commissioner Caster asked if the County would provide janitorial services to the first two floors of the 320 Chestnut County Administration Building. Finance Director Shell advised that the City would be responsible for providing janitorial services. Commissioner Pritchett requested a ballpark figure on the time frame for construction of the 911 Center and EOC building. Assistant Project Manager Max Maxwell responded that construction of the building should be completed by the first quarter in 2005. Chairman Davis requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to authorize Staff to amend the current contracts for architectural services to design a combined Public Safety Communications Center and Emergency Operations Center building at Marketplace Mall, adopt the Capital Project Ordinance as presented, and approve Budget Amendment #2004-06. Vice-Chairman Greer suggested that any money received from the sale of the Law Enforcement Building should be applied to the construction of a new building in lieu of issuing Certificates of Participation. County Manager O’Neal advised that he did not feel there would be a need to finance the new building through Certificates of Participation, but stated that he would prefer for this option to remain available. Commissioner Pritchett suggested amending the motion to say the net receipts from the sale of the Law Enforcement Building will be applied to the construction of the new building. Amended Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to authorize Staff to amend the current contracts for architectural services to design a combined Public Safety Communications Center and Emergency Operations Center building, adopt the Capital Project Ordinance as presented, approve Budget Amendment #2004-06, and direct the Finance Director to apply the net proceeds from the sale of the Law Enforcement to this capital project. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 765 Chairman Davis expressed concern for spending $500,000 to renovate Gold’s Gym with no idea of how the space will be used. Deputy County Manager Atkinson explained that the $500,000 would not be spent for the renovation until a plan is presented and approved by the Board. County Manager O’Neal suggested using language in the motion to say that any renovations for Gold’s Gym would have to be presented to the Board. Second Amended Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to authorize Staff to amend the current architectural contracts for the provision of design services for the combined Public Safety Communications Center and Emergency Operations Center building, adopt the Capital Project Ordinance as presented, approve Budget Amendment #2004-06, direct the Finance Director to apply the net proceeds from the sale of the Law Enforcement Center to the capital project, and direct Staff to present a plan to be approved by the Board for any renovation made to Gold’s Gym. Hearing no further comments, Chairman Davis called for a vote on the amended motion. Upon vote, the MOTION CARRIED 3 to 2. Chairman Davis and Commissioner Boseman voted in opposition. A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 18.4. Copies of the amended contracts are on file in the Legal Department. Budget Amendment#2004-06 - EOC/Gold’s Gym/CAB Capital Project/Commissioners/Finance/Jail Capital Project/Annex Capital Project Adjustment Debit Credit 911/EOC/Gold’s Gym/CAB Projects: Transfer in from Capital Projects$2,000,000 Transfer in from General Fund$1,530,071 Installment Loan Proceeds$ 386,909 911/EOC Project: Extended Project Expense$3,056,980 EOC Tower Project: Extended Project Expense$ 246,000 Gold’s Gym Project: Extended Project Expense$ 500,000 CAB Renovations Project: Extended project Expense$ 114,000 Annex Capital Project: Extended Project Expense$ 500,000 Transfer to other Fund$ 500,000 Jail Capital Project: Extended Project Expense$1,500,000 Transfer to other Fund$1,500,000 Corning Project: Contingency$ 416,376 Finance: Rental Income$ 113,695 Transfers to Capital Projects: Transfers to Capital Projects$1,530,071 Interest on Bond Debt$1,000,000 Explanation: To establish the Project Budget for EOC/911/EOC Tower/Gold’s Gym, CAB Renovations according to Capital Project Ordinance. COMMISSIONER BOSEMAN EXCUSED FROM THE MEETING TO ATTEND A FUNERAL Commissioner Boseman left the meeting at 9:40 a.m. to attend a funeral. ACTION DEFERRED ON ITEM 6 - SECOND READING OF CONTRACT TERMS FOR A COUNTY-WIDE SOLID WASTE COLLECTION SYSTEM Chairman Davis requested the Board to defer action on this item until Commissioner Boseman returned from the funeral. The Board agreed to defer action. CONSIDERATION FOR PURCHASE OF A SIMULCAST 800 MHZ SYSTEM Mr. Warren Lee, Director of Emergency Management, reported that Staff met with the Mayors of Carolina Beach and Kure Beach and radio engineers to reach a consensus on the approach to take to solve the reception problems being experienced with radio communications on the south end of the County. The consensus reached was that it would be impossible for the existing system to provide full coverage to New Hanover County. Director Lee reported that when the original proposal was made by Motorola on the existing system, a coverage map was provided showing that full coverage would not be received in the south end of the County nor in the extreme NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 766 northwest and northeast parts of the County. There are many locations on the south end of the County, particularly Carolina Beach and Kure Beach, where law enforcement officers, fire fighters, and rescue personnel utilizing the County’s 800 MHz system are not able to talk back to the 911 Center regardless of whether they are using mobile units in vehicles or hand-held radios. This is an unacceptable situation because the lives of many people are being placed in danger. In closing, Director Lee advised that Staff recommends proceeding with the purchase of a simulcast secondary tower to upgrade the current 800 MHz system from 14 channels to 25 channels which will provide coverage to the entire county and meet future growth needs. Chairman Davis asked if any member of the Board would like to comment. Vice-Chairman Greer advised that Brunswick County is in the process of providing a digital radio communications system that will cover the entire county for about the same amount of money being requested to upgrade the County’s 800 MHz system. He expressed concern for the proposed system being an analog system and asked if the time had come for the County to consider the digital technology. Director Lee responded that numerous discussions were held with Motorola representatives about whether the County should go to a digital format. One reason for using the analog technology is because existing radios are not compatible with the digital technology. The main difference in the two systems is a clearer, crisper transmission when using the digital technology. The primary issue has been trying to determine if a digital conversion should be made at this time, which will require an upgrade of every radio at an expensive price. Motorola currently has 4.1 technology which is a hybrid radio that recognizes and accepts both the analog and digital format. Motorola officials feel that the best alternative for the County is to use the existing analog system and upgrade the repeater system with additional analog equipment. As new units are purchased, the County should purchase hybrid radios that will accept both analog and digital formats. At some point in the future, it would be prudent for New Hanover County to migrate to a totally digital system. Vice-Chairman Greer suggested building another primary tower and locating it in a central area of the County. Director Lee advised that discussion was held on building another tower in a central location, and it was felt that since the 800 MHz radio has an extremely short wave length, the entire County would not receive coverage. If a decision was made to build another tower, it would have to be much higher than the existing tower which would create a problem with the air space at the Airport. It is highly unlikely that the FCC would approve a tower 1,000 to 1,500 feet in height. The only solution to the problem is to locate a second tower toward the southern end of the County to ensure that law enforcement officers, firefighters, and EMS personnel receive coverage in this area. Chairman Davis asked if any consideration had been given to purchasing the Charter Communications tower. Director Lee responded that New Hanover County currently leases space on the Hill Valley Walk Charter Communications tower to accommodate two conventional 800 MHz repeaters to provide coverage to Carolina Beach and Kure Beach. The repeaters are separate and apart from the County’s 800 MHz trunked radio system. Discussion has been held about the County purchasing the tower to control what will happen to the tower in the future since it is located on a 16-acre tract with waterfront property on the Intracoastal Waterway which will be developed in time. No discussion has been held with Charter Communications about purchasing the tower. He also noted that the U. S. Coast Guard Loran Station located on River Road has four tall towers that would be an ideal site, but the Coast Guard does not plan to decommission this site until 2011. Vice-Chairman Greer expressed concern for spending approximately $3.7 million to upgrade the present 800 MHz system and asked if there was a viable interim solution to the problem. Director Lee responded that when the repeaters were installed at Hill Valley Walk, the intent was to provide coverage to Pleasure Island; however, these non-trunked conventional repeaters totally isolated radio users from the County’s 800 MHz system. A lengthy discussion followed on how the $3.7 million upgrade to the 800 MHz analog system would be paid. Deputy County Manager Atkinson reported that Certificates of Participation would be issued to pay for the upgrade with a debt service of $400,000 annually for 15 years after two payments of interest only at approximately $185,000 per year. Chairman Davis stated a price could not be placed on a human life; however, when the County spends this amount of money, the Commissioners should be assured that the right approach has been taken to resolve the problem. As of this date, no investigation has been made to see if digital technology should be used, no discussion has been held with the U. S. Coast Guard or Charter Communications about the use of their towers, and no effort has been made to see if grant funds are available. He stressed the importance of the County taking the right approach to resolve this problem. Commissioner Caster advised that he was also concerned about taking the right approach and asked if any modification could be made to the Hill Valley Walk tower. Director Lee responded that another antenna could be placed on the Hill Valley Walk tower; however, the existing building would have to be expanded to house the 25 repeaters and microwave equipment. He advised that no discussion had been held with Charter Communications to see if the Hill Valley Walk tower can be used for the upgrade. He stated that Staff would like an opportunity to discuss this issue with Charter Communications. Consensus: After further discussion, it was the consensus of the Board to defer action on this item and direct Staff to contact Brunswick County about the digital system being installed, work with Charter Communications and the U. S. Coast Guard to see if there is a possibility of using these towers, and report back to the Board with a recommendation. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 767 COMMITTEE APPOINTMENTS Appointment of Jim Lanier, Stephanie Mannen, and Linda H. Venters to serve on the Airlie Gardens Foundation, Inc. Board of Directors Chairman Davis announced that three vacancies needed to be filled on the Airlie Gardens Foundation Board of Directors. He advised that one vacancy will be for a 3-year term, one vacancy for an unexpired term to end June 30, 2005, and the remaining vacancy for an unexpired term to end June 30, 2004. He reported that ten applications have been received, and he opened the floor to receive nominations. Chairman Davis nominated John L. Hatcher. The nomination was seconded by Commissioner Pritchett. Chairman Davis nominated Jim Lanier. The nomination was seconded by Commissioner Caster. Chairman Davis nominated Stephanie Mannen. The nomination was seconded by Commissioner Caster. Chairman Davis informed the Board that the reason for his nominations was to appoint members who would be successful in raising funds for Airlie Gardens. He also noted that a letter would be written to each person who submitted an application urging that person to remain involved with Airlie Gardens because there are so many ways to participate in the promotion of the gardens. Vice-Chairman Greer nominated Donna W. Shiro. The nomination did not receive a second. Commissioner Caster nominated Linda H. Venters. The nomination was seconded by Vice-Chairman Greer. Commissioner Pritchett nominated Reverend Hudson L. Barksdale. The nomination did not receive a second. There being no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the nomination of John L. Hatcher. Vote: The nomination of John L. Hatcher received a 2 votes. Chairman Davis and Commissioner Pritchett voted in favor of the nomination. Commissioner Boseman was not present. Chairman Davis called for a vote on the nomination of Jim Lanier. Vote: The nomination of Jim Lanier received a unanimous vote and he was appointed to fill an unexpired term on the Airlie Gardens Foundation, Inc. Board of Directors to expire June 30, 2005. Commissioner Boseman was not present. Chairman Davis called for a vote on the nomination of Stephanie Mannen. Vote: The nomination of Stephanie Mannen received 3 votes and she was appointed to fill an unexpired term on the Airlie Garden Foundation, Inc. Board of Directors to expire June 30, 2004. Chairman Davis, Vice-Chairman Greer, and Commissioner Caster voted in favor of the appointment. Commissioner Boseman was not present. Chairman Davis called for a vote on the nomination of Linda H. Venters. Vote: The nomination of Linda H. Venters received 3 votes and she was appointed to fill an unexpired term on the Airlie Gardens Foundation, Inc. Board of Directors to expire June 30, 2006. Vice-Chairman Greer, Commissioner Caster, and Commissioner Pritchett voted in favor of the appointment. Commissioner Boseman was not present. Chairman Davis requested the Clerk to the Board Lucie F. Harrell to notify Mr. Lanier, Ms. Mannen, and Ms. Venters of their appointments to the Airlie Garden Foundation, Inc. Board of Directors. Appointment of Lottie Dry Edwards Clinton to Serve on the Cape Fear Museum Advisory Board Chairman Davis reported that a tie vote was received between Lottie Dry Edwards Clinton and Baker A. Mitchell, Jr. when filling one vacancy on the Cape Fear Museum Advisory Board at the regular meeting of the Board of County Commissioners held on September 2, 2003. He noted that since he was not present at the meeting, the Board decided to defer action until all five Commissioners were present. He advised that the Board can reopen the process or consider allowing him to cast a vote since it is assumed that Vice-Chairman Greer and Commissioner Caster will still vote for Baker A. Mitchell, Jr., and Commissioner Boseman and Commissioner Pritchett will still vote for Lottie Dry Edwards Clinton. After discussion, the Board decided to allow Chairman Davis to cast a vote for either Ms. Clinton or Mr. Mitchell. Vote: Chairman Davis voted in favor of Ms. Lottie Dry Edwards Clinton and she was appointed to serve a 3-year term on the Cape Fear Museum Advisory Board to expire June 30, 2006. Chairman Davis requested the Clerk to the Board Lucie F. Harrell to notify Ms. Clinton of her appointment to the Cape Fear Museum Advisory Board. Reappointment of Emily Sue Ihrig and Appointment of Anne l. Jones, Eleanore L. Lipscomb-Warren, and Frank J. Oddo to Serve on the New Hanover County Library Advisory Board Chairman Davis announced that four vacancies needed to be filled on the Library Advisory Board and reported that six applications have been received with one applicant, Emily Sue Ihrig, desiring to be reappointed for a second term. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 768 Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to reappoint Emily Sue Ihrig to serve a second 3-year term on the Library Advisory Board with the term to expire August 31, 2006. Upon vote, the MOTION CARRIED 4 to 0. Commissioner Boseman was not present. Chairman Davis opened the floor to receive nominations for the three remaining vacancies. Commissioner Caster nominated Anne L. Jones. The nomination was seconded by Vice-Chairman Greer. Commissioner Caster nominated Frank J. Oddo. The nomination was seconded by Vice-Chairman Greer. Commissioner Pritchett nominated Eleanore L. Lipscomb-Warren. The nomination was seconded by Vice- Chairman Greer. Commissioner Caster nominated Paul D. Walker. The nomination was seconded by Commissioner Pritchett. Hearing no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the nomination of Anne L. Jones Vote: The nomination of Anne L. Jones received 3 votes and she was appointed to serve a 3-year term on the Library Advisory Board with the term to expire August 31, 2006. Chairman Davis, Vice-Chairman Greer, and Commissioner Caster voted in favor of the appointment. Commissioner Boseman was absent. Chairman Davis called for a vote on the nomination of Eleanore L. Lipscomb-Warren. Vote: The nomination of Eleanore L. Lipscomb-Warren received 3 votes and she was appointed to serve a 3-year term on the Library Advisory Board with the term to expire August 31, 2006. Chairman Davis, Vice-Chairman Greer, and Commissioner Pritchett voted in favor of the appointment. Commissioner Boseman was absent. Chairman Davis called for a vote on the nomination of Frank J. Oddo. Vote: The nomination of Frank J. Oddo received 4 votes and he was appointed to serve a 3-year term on the Library Advisory Board with the term to expire August 31, 2006. Chairman Davis, Vice-Chairman Greer, Commissioner Pritchett, and Commissioner Caster voted in favor of the appointment. Commissioner Boseman was absent. Chairman Davis called for a vote on the appointment of Paul D. Walker. Vote: The nomination of Paul D. Walker received 2 votes. Commissioner Caster and Commissioner Pritchett voted in favor of the nomination. Commissioner Boseman was absent. Chairman Davis requested the Clerk to the Board Lucie F. Harrell to notify Ms. Ihrig of her reappointment to the Library Advisory Board and to notify Ms. Jones, Ms. Lipscomb-Warren, and Mr. Oddo of their appointments to the Library Advisory Board. Action Deferred on Appointment to the New Hanover County Board of Examiners of Electricians Chairman Davis announced that one vacancy needed to be filled on the Board of Examiners of Electricians. He advised that two current members have completed two terms and both are willing to serve a third term if no new applications have been received. Ms. Lucie F. Harrell, Clerk to the Board, advised that she had contacted the Inspections Department and was informed by the inspector who works with the Board of Examiners of Electricians that both members desire to serve a third term. However, since a minority representatives is needed on the Board of Examiners the Commissioners may want to consider appointing Mr. Charles Robbins, a minority representative who is a semi-retired electrician. She advised that she did not discuss this issue directly with the two current members who are willing to serve a third term. After discussion, Chairman Davis advised that since the Clerk had not spoken directly with Mr. Robbins and Mr. Steele, he would suggest having her to contact both applicants to be sure they are interested in serving a third term. Consensus: It was the consensus of the Board to defer action on the appointment until the Clerk to the Board has contacted these applicants. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 11:25 a.m. Chairman Davis reconvened to Regular Session at 11:31 a.m. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved for anyone from the audience to present an item that was not listed on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes. The following items were presented: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 769 Presentation by Mr. Toni Barini Regarding Ordinance Violations at Archmil Place Mr. Toni Barini, representing 47 homeowners in the Archmil Place Subdivision, reported that residents of Archmil Place believe that Mr. Archie McGirt violated the New Hanover County Zoning Ordinance when he did not connect the subdivision to City water once it became available. The developer has not adhered to a request from the New Hanover County Fire Marshal to place bags on dry and inoperable fire hydrants. The homeowners are requesting the Commissioners to recognize these violations and fine the developer a sufficient amount of money to require him to complete the development in accordance with the New Hanover County Zoning Ordinance. Mr. Barini informed the Board that County Manager O’Neal arranged a meeting for the homeowners to meet with three County engineers. At the meeting it was determined that the Board of County Commissioners would have to decide if any violations have occurred. He noted that a booklet had been presented to each County Commissioner explaining the violations, and he urged the Board to recognize these violations and require Mr. McGirt to comply to the ordinance regulations because there is a desperate need for safe drinking water that was promised to residents when purchasing their homes in Archmil Place. County Manager O’Neal requested County Engineer Wyatt Blanchard to report on the meeting held with the homeowners. County Engineer Blanchard advised that Planning Director Dexter Hayes, Planner Sam Burgess, and he met with the residents last week to obtain factual information to determine how to approach the problem. He advised that the City is in the process of completing a list of items that have to be finished to allow Archmil Place to connect to the City Water System. Once this list is received, Staff will be able to determine how to approach the problem. Chairman Davis stressed the importance of these residents receiving help and noted that in prior discussion of this issue, it was his understanding that Archmil Place would be connected to the City Water System. He stated that if Staff determines violations have occurred on the part of the developer, the Commissioners can impose a remedy to resolve this issue. County Engineer Blanchard advised that once the information is received from the City, Staff will be able to determine if any violations have occurred. If the developer is in violation of County regulations, the Board will be informed and this item will be placed on the agenda. Mr. Barini requested the Board to consider placing this item on an evening meeting so the residents of Archmil Place can attend and provide public input. The Board agreed and directed Staff to place any discussion of this item on an evening meeting. Mr. Barini expressed appreciation to the Board for allowing him to speak. Presentation by Mr. Bob Wallen Regarding the Possibility of Selling the Law Enforcement Center (LEC) Mr. Bob Wallen, a resident of the City of Wilmington, expressed concern for the County selling the Law Enforcement Center and presented the following statement: The County is considering a carport to receive prisoners at the Judicial Annex Building when the County already has a secure court transfer process that includes a tunnel under Fourth Street. The 911 Center is now secure and only needs redecorating by a skilled architect to meet the emotional needs of its occupants. If a trial is delayed from morning to afternoon, it is not known whether a prisoner will go out and sit in the limo that brought him from the new Jail. Since many trips will be made daily from the new Jail, the County could bring in Meals on Wheels for those detained in the current structure for the downtown holding area. Since the air conditioning the Courthouse and Judicial Annex Building comes from the Law Enforcement Center site and the property is sold and cleared for a potential parking lot, it could cost a quarter to half million dollars to air condition these buildings. The six housing units on the second floor of the Law Enforcement Center could be converted to 7,000 square feet of usable office space, the leaking power pit cap on the roof of the Law Enforcement Center could be replaced for approximately $22,000, and the brick exterior could be coated with a sealer to stop the water intrusion problem. In the past, there has been discussion about renting space to house federal prisoners which was part of the reason for the size of the new Jail. When talking to City Police Officers, they are frustrated about bringing a perpetrator to the Magistrate’s Office and finding out that the County does not have physical space to lock up the perpetrator, which means that person will be back on the streets before the paper work is completed. If a concentrated effort is made to take the perpetrators off the Street, the Law Enforcement Center will be needed to house these people. The County has now agreed to accept an offer of $1 million for the Law Enforcement Center which is valued at $10.4 million. The 13,000 families living below the poverty level and persons filing for foreclosures daily will not support selling an asset for 10% of its value. With this mind set, the citizens may read in the newspaper that a Garden Club wants to buy Airlie Gardens for $500,000, and it is hoped that this would not happen. Just because the County has an offer does not mean that it should be accepted. The Commissioners should think before selling the Law Enforcement Center for the price offered. The County has a new parking structure but with the recent move of the Annex Administration Building to Market Place Mall, there is an absence of employees to use the parking deck. The Commissioners should charge a fee of $1.00 per day for any City merchants or City and County employees to park in the deck to free up parking for visitors, shoppers, and tourists. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 770 In closing, Mr. Wallen requested the Commissioners to provide better signage for the Annex Administration Building at Marketplace Mall. Chairman Davis expressed appreciation to Mr. Wallen for his remarks. ARRIVAL OF COMMISSIONER BOSEMAN Commissioner Boseman arrived at 11:50 a.m. SECOND READING OF CONTRACT TERMS FOR THE COUNTYWIDE SOLID WASTE COLLECTION SYSTEM Chairman Davis advised that since Commissioner Boseman had to attend a funeral and was not present when this item was scheduled on the agenda, the Board deferred action until she returned. With the return of Commissioner Boseman, Chairman Davis proceeded with the second reading of the contract terms for the Countywide Solid Waste Collection System. He reported that the first reading was held on August 18, 2003 with the Board voting 3 to 2 to approve the terms of the contract; however, since this is a franchise agreement, a second reading is required for final adoption of the contract terms. He requested Director of the Environmental Management Ray Church to begin the presentation. Vice-Chairman Greer asked Chairman Davis if it was necessary for the Board to hear another presentation from Director Church since this was the second reading of the contract. Assistant County Attorney Holt Moore responded that from a procedural point of view, the Board could vote on the information presented at the last meeting without hearing additional information. The Board also has the option to make any change at the second hearing which would be an amendment to the franchise. Chairman Davis responded that he and Commissioner Boseman were concerned about the $25 monthly fee and would like to know if the haulers are willing to consider reducing the fee. Chairman Davis proceeded by noting that when the original proposal was made, the Countywide Collection System was comprised of the following four services to be offered to residents living the unincorporated county: ServicesMonthly Fee Garbage Collection (Basic Service) $13.41 Yard Waste Collection 5.16 Recycling 3.49 Bulky Items Collection 2.94 Total Monthly Fee $25.00 Chairman Davis advised that Staff was requested at the August 18, 2003 meeting to meet with the haulers and prepare a recommendation removing one or two of the services being offered. He asked if this recommendation had been prepared. Director Church advised that since the August 18, 2003 meeting, Staff had met with the three haulers, Waste Management, Waste Industries, and A-1 Republic, and requested these haulers to submit new bids with a price for garbage collection and curbside recycling and a price for garbage collection, curbside recycling and yard waste collection. Prices were also requested for bulky item collection and yard waste collection as a customer call-in service. The following prices were received: ServicesMonthly Fee Garbage Collection and Recycling $17.95 Garbage Collection, Curbside Recycling & Yard Waste $22.20 Chairman Davis spoke on the receiving numerous calls from people who want a Countywide Collection System with all four services and others who do not want a mandatory collection system. When the Board of County Commissioners requested the Solid Waste Advisory Board to prepare a recommendation that would eliminate the County subsidizing the WASTEC Facility from the General Fund, the Advisory Board recommended establishing a franchised countywide residential and commercial solid waste collection system. The County already has a franchised commercial solid waste collection system, but the County does not have a franchised residential solid waste collection system. After years of discussing this issue, the time has come for the County to provide a franchised residential solid waste collection system to citizens of the unincorporated county at a reasonable cost. He requested Mr. Ray Church, Director of Environmental Management, to comment on the services to be provided. Director Church reported that currently the drop-off recycling centers are working well but only 30% of the population is utilizing these centers. If curbside recycling is implemented, the customer has the convenience of carrying the recycling container and garbage container to the road for pick-up at the same time. Increasing the recycling percentage of the population will allow the County to meet its waste reduction goals as outlined in the New Hanover County Solid Waste Plan that is required by North Carolina General Statutes. The County’s waste reduction goal was 0% by the year 2006, and the County now has a minus 12% toward that goal. He explained that a State law has also been enacted that bans disposal of yard waste in the landfill. The intent of the law is to convert yard waste into a usable product, such as compost, to save landfill space. After a hurricane event, the County has no way to collect small amounts of yard waste left by contracted haulers picking up large amounts of debris. Frequently, the County has to extend its contract for at least one or two months to collect the remaining debris, which is expensive. Since the City has a yard waste collection system NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 771 that picks up small debris, the contracted haulers are used for a shorter period of time, which saves money for the City. Director Church also advised that the Federal Emergency Management Agency (FEMA) has posted regulations that will not allow contractors to enter into gated communities or service private streets. In the past, a resolution was adopted by the Board of County Commissioner to allow the haulers to access to all private streets. Under the new regulations, this will not be possible; however, if the Board decides to implement a county-wide residential collection system, the County will have authority to allow contracted storm haulers to access all roads and pick up debris. In discussion of the monthly fee for collection of garbage and recyclable goods, Chairman Davis referenced the original proposal and stated that the charge for garbage collection was $13.41 and $3.49 for curbside recycling for a monthly fee of $16.90. In the current proposal for the same services, the monthly fee is $17.95 which represents an increase of $1.05 per month. He requested an explanation of the increase. Director Church responded that Staff has no way to know how the haulers delineate their overhead and profit. The basic charge received from the haulers ranged from a low of $12.00 to a high of $14.75. Chairman Davis spoke on opening the process up to receive only one bid and asked if this could be done. Director Church responded that one bid could be solicited but two large haulers would lose their businesses, which could result in a lawsuit. Commissioner Pritchett explained that the monthly fee could be higher if the County should go to a single bid because the hauler receiving the bid award would have to purchase new trucks at a tremendous cost, handle the billing and assume the liability for bad debt. She stated that after working 20 years to establish a countywide residential collection system in an urban county, she felt this system would greatly benefit the residents. This is a modern society and it is frustrating to feel that the members of the Board are not thinking of the future and providing our citizens with an opportunity to receive the services they deserve. Chairman Davis responded that personally he was not concerned about a lawsuit if a decision is made to go forward with one bid, but he is responsible for being sure that residents of the unincorporated county receive the best rate possible for the services provided. He stressed the importance of everyone understanding that he did not want to put any company out of business and stated that mandating a countywide residential collection system in the unincorporated county will be difficult for persons living on a fixed income and the elderly who cannot afford to pay the fee. He expressed disappointment for the haulers not coming back with a better proposal and stated that he wanted to implement a countywide residential collection system if at all possible. Director Church informed the Board that the Environmental Management Staff had been working fifteen years to implement a countywide residential collection system in the unincorporated county. As a result of this system not being implemented fifteen years ago, the County lost control of the waste stream which resulted in a significant decrease in revenues, the tip fee had to be reduced, programs had to be cut, and the County’s General Fund had to be used to subsidize the debt service for the WASTEC Facility. The County now has an opportunity to work harmoniously with the waste haulers to implement a waste disposal system that will not require a subsidy from the General Fund. Commissioner Caster advised that many people on his street do not want recycling and others are pleased with carrying their recyclables to the recycling center near Monkey Junction. He also noted that many people want to deal directly with a private hauler and do not want a mandatory trash collection system. Commissioner Boseman stated that she was in favor of bidding the collection system in zones. Director Church responded that Staff considered this option and after reviewing the matter, it was determined that all residents in the unincorporated county should pay the same monthly fee. If services were bid in three different zones, the residents would be paying three different fees, which might not be as reasonable as the monthly fee negotiated with the haulers. The major reasons for the monthly fee being higher than the City’s fee are as follows: (1) the billing is being performed by the haulers which cost approximately $2.00 per bill; (2) the haulers are assuming the liability for bad debt; and (3) the haulers are receiving and handling customer complaints. The City provides these services in-house. Commissioner Boseman spoke on having a garbage collection service in the County and in the City and stated that her service in the County was much better at a cheaper rate than the services provided by the City. On her street in the Providence Subdivision, extra bags can be placed with the trash container without having to place a sticker on the bags. The City requires a sticker for any extra bags. Director Church responded that the haulers would not require stickers for extra bags sitting beside containers under the proposed system. Chairman Davis asked if any type of assistance has been found to subsidize persons who cannot afford to pay a monthly garbage fee. Director Church responded that Staff did review a subsidy at a monthly fee of $17.95 for recycling and garbage collection. In trying to determine the number of homeowners eligible to receive the subsidy in the County, Staff based its projection on the number of people in the City receiving a subsidy since the population is approximately the same in the County. The City has approximately 1,000 homeowners qualifying for a subsidy. Using this figure, the County will have to pay $108,000 per year to subsidize 50% of the cost. The County would subsidize $9.00 and the resident would pay $8.95. After hearing no further comments, Chairman Davis asked if anyone from the audience would like to speak. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 772 Ms. Sue Hayes, speaking on behalf of the Cape Fear River Watch and League of Women Voters, advised that both organizations are in support of implementing a franchised countywide residential collection system that includes recycling and if possible yard waste collection. The organizations believe that recycling will preserve the County’s natural resources and save space in the New Hanover County Landfill. She also noted that if the recycling program is approved, the members of the Cape Fear River Watch will be glad to assist the County in educating the public about the need and purpose of recycling. Mr. John Ellis reported that his wife was the owner of L&J Recycling and Hauling Company and stated their small company had been in the hauling business for 12 years and in the recycling business for 5 years. He commented on hearing the Commissioners express concern for the monthly charge and stated that every penny of the $25.00 fee would be paid to the haulers. No revenue will be received by the County until next year at which time the tip fee will increase. When the tip fee increases, not only do the homeowners have to pay a higher monthly fee but the City and beach communities will also be impacted. If recycling is included in the program, all recyclables will be dumped together, which will not generate revenue. If the materials are separated, such as plastics and glass, revenue can be generated. In closing, Mr. Ellis stated that adoption of this franchise system will put his company out of business and place an extra burden on the elderly and persons living on a fixed income. He urged the Board to further study the issue before adopting the proposed plan. Mr. Benny Herring stressed the importance of the Board realizing that under a franchise system, the haulers will have to make a profit and the tip fee will increase, which will increase the monthly fee for homeowners. He stated that adopting a mandatory system of this type would eliminate the private enterprise system for small haulers. In concluding his remarks, Mr. Herring stated that the WASTEC Facility had been a waste of money for years and the Board has just approved another $87,000 for a study to repair the scrubber at the incinerator. He suggested that the Board consider using a wrecking ball and bulldozer to take care of the incinerator. Chairman Davis informed Mr. Herring that the Board had not voted for a study and requested Staff to respond. Director Church responded that the $87,000 was for the engineering design work to replace the scrubber. Commissioner Pritchett stressed the importance of the small haulers understanding that work will be available for them under the franchise system because the larger haulers have agreed to subcontract with the smaller haulers to keep them from going out of business. Chairman Davis asked if the franchise agreement included language saying that the three major haulers would subcontract with the small haulers. Director Church responded that discussion has been held with the haulers about subcontracting with the small haulers and stated that Mr. Ellis has been picking up bulky items for A-1 Republic for a number of years. After speaking with officials from A-1 Republic, the company plans to continue to use the services provided by Mr. Ellis (L&J Recycling and Hauling Company). Mr. Ellis informed the Board that the City does contract with the private haulers for work. He also stated that Director Church had banned A-1 Republic from carrying trash to the incinerator because it was not the type of trash he wanted. Hearing no further comments, Chairman Davis requested direction from the Board. Motion: Commissioner Pritchett MOVED to approve the franchise system with the collection of garbage, recycling, and yard waste at a monthly fee of $25 per month and set aside $50,000 from the General Fund to assist persons unable to pay the monthly fee. Chairman Davis called for a second. Chairman Davis asked Commissioner Boseman if the monthly fee was reduced, would she be willing to vote on the motion made by Commissioner Pritchett. Commissioner Boseman responded that she would not vote for the motion on the floor. The MOTION FAILED DUE TO THE LACK OF A SECOND. Chairman Davis stated that since the motion had failed, he would suggest requesting Staff to meet with the haulers to see if the monthly fee can be reduced. County Manager O’Neal advised that he had just been informed that the two haulers present have agreed to meet with Staff and would like for Chairman Davis and Commissioner Boseman to attend the meeting. Chairman Davis and Commissioner Boseman agreed to meet with the haulers. Chairman Davis asked Director Church if no action was taken today, would it create a problem with implementing the system. Director Church responded that the plan was to implement the system by January 1, 2004; however, this date could be changed to February or March. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 773 Commissioner Pritchett advised that deferring action for a month on a plan that has been discussed for 20 years would not be a problem. She suggested discussing this item at the next day meeting. Commissioner Boseman advised that if Hurricane Isabel should threaten the area, it would not be possible for Chairman Davis and her to meet with the haulers. Consensus: After further discussion, it was the consensus of the Board to defer action on this item until the October 20, 2003 meeting. Commissioner Pritchett requested Staff to provide figures on the difference in the monthly fee if the County performs the billing instead of the haulers. County Manager O’Neal responded that he would be glad to provide the figures. He also noted that if Staff has to perform the billing, it would be an additional cost to the County. REAPPOINTMENT OF GAYLE P. VAN VELSOR AND ELIZABETH (BETH) F. DAWSON AND APPOINTMENT OF HELYN ROGERS LOFTON TO SERVE ON THE NEW HANOVER REGIONAL MEDICAL CENTER BOARD OF TRUSTEES Chairman Davis announced that three vacancies needed to be filled on the New Hanover Regional Medical Center Board of Trustees. He reported that 17 applications were received and stated that two applicants, Beth Dawson and Gayle Van Velsor, were eligible for reappointment and desire to be reappointed. Chairman Davis opened the floor to receive nominations. Commissioner Boseman nominated Gayle P. Van Velsor and Beth Dawson for reappointment and stated they were excellent representatives on the Board of Trustees. The nominations were seconded by Commissioner Caster. Chairman Davis nominated Helyn Rogers Lofton. The nomination was seconded by Commissioner Pritchett. Commissioner Boseman advised that Ms. Lofton would be an excellent representative since there is no nurse representative on the Board of Trustees. Commissioner Caster nominated Dennis Nicks. The nomination did not receive a second. Commissioner Caster nominated Lee Miller. The nomination was seconded by Vice-Chairman Greer. Commissioner Pritchett nominated George K. North. The nomination did not receive a second. Hearing no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the nomination of Beth Dawson for reappointment. Vote: The Board voted 4 to 1 to reappoint Elizabeth (Beth) Dawson to serve a second 3-year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire September 30, 2006. Chairman Davis, Vice-Chairman Greer, Commissioner Boseman, and Commissioner Caster voted in favor of the reappointment. Chairman Davis called for a vote on the nomination of Gayle Van Velsor for reappointment. Vote: The Board voted unanimously to reappoint Gayle Van Velsor to serve a second 3-year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire September 30, 2006. Chairman Davis called for a vote on the appointment of Helyn Rogers Lofton. Vote: The Board voted 3 to 2 to appoint Helyn Rogers Lofton to serve on the Medical Center Board of Trustees. Chairman Davis, Commissioner Boseman, and Commissioner Pritchett voted in favor of the appointment. Chairman Davis called for a vote on the nomination of Lee Miller. Vote: The Board voted 3 to 2 to appoint Lee Miller to serve on the Medical Center Board of Trustees. Vice-Chairman Greer, Commissioner Caster, Commissioner Pritchett voted in favor of the appointment. Chairman Davis advised that since a tie vote had been received between nominees Helyn Rogers Lofton and Lee Miller, he would call for a re-vote. Chairman Davis called for a re-vote on the appointment of Helyn Rogers Lofton. Re-Vote: The Board voted 3 to 2 to appoint Helyn Rogers Lofton to serve a 3-years term on the New Hanover Regional Medical Center Board of Trustees with the term to expire September 30, 2006. Chairman Davis, Commissioner Boseman, and Commissioner Pritchett voted in favor of the appointment. Chairman Davis called for a re-vote on the appointment of Lee Miller. Re-Vote: The Board voted 2 to 3 for the appointment of Lee Miller. Vice-Chairman Greer and Commissioner Caster voted in favor of the appointment. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 774 Chairman Davis requested the Clerk to the Board Lucie F. Harrell to notify Ms. Van Velsor and Beth Dawson of their reappointments and Ms. Helyn Rogers Lofton of her appointment to serve on the Medical Center Board of Trustees. ADDITIONAL ITEMS Discussion of Letter Received from the United States Department of the Interior, Fish and Wildlife Service Regarding the North End of Carolina Beach Commissioner Caster referenced the letter received from the United States Department of the Interior regarding the violation of the Endangered Species Act at the north end of Carolina Beach and he suggested that Chairman Davis respond on behalf of the Board of County Commissioners. Chairman Davisadvised that he was in the process of replying to the Department of the Interior and stated each member of the Board will receive a copy of the letter. Discussion of Law Enforcement Center Chairman Davis advised that over the weekend, he gave a great deal of thought to the sale of the Law Enforcement Center and he read the following statement into the record. I have given the sale of the Law Enforcement Center (LEC) from New Hanover County to First Baptist Church a lot of thought, soul searching, and prayer. As you know, I voted against the sale because I wanted a Public Hearing so that the County Commissioners, the stewards of the County’s assets, could receive input from County taxpayers, not only to the proposed sale price but to the proposed use of the property before the Board votes on whether to proceed with the sale of this valuable County asset. As you know, this was not done because Bobby, Bill, and Julia voted to proceed with selling the LEC to First Baptist Church without any prior public input, which they certainly have the right to do. In reviewing what happened with the Gene Merritt’s upset bid, I commend my friend Gene with admitting that he was at fault when he did not submit an amount that was in accordance with the State Statutes, but Mr. Merritt is not the only person at fault because the County was wrong to accept this inadequate amount. The County advertised the upset bid process with the correct way to calculate the amount and Staff should have known what the correct amount was when accepting Mr. Merritt’s upset bid. I have the utmost respect for Reverend Mike Queen, Reverend June Everett, the Board of Trustees, the Board of Deacons and my many friends that are members of First Baptist Church. I am not a member of First Baptist but my father is a member and my mother, now deceased, was a member. I grew up at First Baptist Church and I still attend the communion service once a month with my father. I have previously stated to Reverend Queen that if First Baptist Church does in fact purchase the Law Enforcement Center, it will always have a negative connotation because of the incident involving Mr. Merritt’s upset bid. I realize there is a binding contract between First Baptist Church and New Hanover County. But sometimes, you have to look beyond the law and do what is right to bring equity to all parties involved. I want to do the right thing. I am sure the Board of County Commissioners wants to do the right thing. I want New Hanover County to do the right thing, and I want First Baptist Church to do the right thing. Therefore, I intend to ask First Baptist Church in a letter from me to allow Mr. Merritt to amend his upset bid so he can submit the correct amount. If First Baptist Church agrees to allow Mr. Merritt to amend his upset bid, I intend to ask the County to allow time for anyone to submit an upset bid of Mr. Merritt’s bid for ten days from the time the First Baptist Church agrees that this can be done, and Mr. Merritt does so, if he so chooses. This will put us back to where we were before this mistake was discovered. Let’s see if First Baptist Church submits an upset bid to Mr. Merritt’s bid or if the City of Wilmington comes forward with a bid to purchase the LEC. Let’s see if anybody else from the private sector will come forth with an offer to buy the LEC. After the highest bid has been determined, regardless of who submits the bid, this bid should be placed on an agenda of a regular meeting of the New Hanover County Board of Commissioners with adequate prior notice to the public with an opportunity to receive input from the taxpayers of New Hanover County before the Commissioners vote on whether to accept this bid. While this may not be the perfect solution, I do believe that this is the fairest way to treat all of the parties that are involved and to bring this process to a proper completion. Maybe, this whole fiasco with Mr. Merritt’s upset bid happened so everyone could take a long hard look at what First Baptist Church is really trying to do. If selling the LEC to First Baptists Church is truly in God’s plan for the future, then it will happen. In concluding his comments, Chairman Davis advised that he would like to know if any of the Commissioners had a problem with him writing this letter to Reverend Queen. A lengthy discussion was held on the 10-day upset bid process. Chairman Davis explained that if the Church allows Mr. Merritt to amend his bid by $50, this would put his upset bid in effect and the County would advertise the upset bid process for 10 days from date the Church and Mr. Merritt agreed to amend the bid first submitted by Mr. Merritt. If someone submits a higher bid during the 10 days, the 10-day upset bidding process would start again. If no bids are received during the 10 days, the Board of County Commissioners could accept or reject the bid from Mr. Merritt. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, SEPTEMBER 15, 2003PAGE 775 Vice-Chairman Greer advised that he felt the Board was getting off track and stated that the Board voted 3 to 2 to accept the $1 million offer from First Baptist Church to purchase the LEC. Mr. Merritt submitted an upset bid that was accepted by County Staff and it was later discovered that the bid was invalid because there was a $50 error. Mr. Merritt has written a letter explaining that he submitted the incorrect figure and understands that his bid is invalid. The Board of County Commissioners cannot go back and change the law. The Church followed the correct procedures and the offer should be honored. Commissioner Boseman advised that when the Board voted to accept the First Baptist Church offer, the Commissioners were informed that if an upset bid was received in the 10-day period, the Board would have the right to decline all bids, including the offer from First Baptist Church. Vice-Chairman Greer asked if the law should be changed to suit the desire of the Board. Commissioner Boseman advised that the law did not have to be changed because the County does not have a signed binding real estate contract. If the County Staff does not know the law, this situation should be presented to a Judge to determine if the contract is binding. County Attorney Copley explained that Commissioner Boseman was referring to the Statute of Frauds which says that any real estate contract must be in writing and executed by both parties. At this point, First Baptist Church prepared an offer in writing under the real estate form and the Chairman has not signed the document. Chairman Davis advised that he had not seen the contract from First Baptist Church. County Attorney Copley apologized and stated that the contract from First Baptist Church was still in the Legal Department. She advised that the real estate contract is waiting to be executed by the Chairman. When the Legal Staff informed the Commissioners that all bids could be rejected, Staff thought that Mr. Merritt had submitted a valid bid, which would have allowed the Board to reject all bids. At no time, did the Legal Department give incorrect information to the Board. Once the error was discovered in Mr. Merritt’s bid, the County Staff assumed the responsibility for the $50 error. If the Board votes to follow the recommendation by Chairman Davis regarding allowing Mr. Merritt to amend his bid, this will be new territory because there is no case law on record. Vice-Chairman Greer feels that the County has a valid contract with First Baptist Church and Chairman Davis has the right to request the Church to allow Mr. Merritt to amend his upset bid. Chairman Davis advised that he did not mean to imply that anyone intended to do something wrong during the process. He noted that after considerable thought, he planned to write the letter to First Baptist Church and wanted the Board to be aware of this fact. Commissioner Boseman asked Vice-Chairman Greer if he felt it was right for First Baptist Church to win the bid through a human error. Vice-Chairman Greer responded that First Baptist Church was not taking advantage of anyone and stated for the Board to say that the Church is trying to get by with something wrong is not right. The Church came to the Board and after discussion an offer was presented which was accepted by the Board. Since Mr. Merritt has withdrawn his invalid bid, the County should honor the offer submitted by the Church. Commissioner Boseman advised that she did not think it was right for First Baptist Church to take advantage of a human error. Vice-Chairman Greer responded that it was not proper for the Board to place the blame on First Baptist Church for the errors in the process. Commissioner Pritchett and Commissioner Boseman spoke in favor of Chairman Davis sending the letter to the Church. Commissioner Caster advised that he was extremely upset that the Legal Department made a mistake by accepting the incorrect bid from Gene Merritt; however, when reading the ad in the newspaper, the correct bid calculations were clearly defined. He stressed the importance not blaming First Baptist Church for any of the errors that have occurred. ADJOURNMENT Hearing no further comments, Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 1:30 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board