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2003-10-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 794 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 20 , 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. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. PRESENTATION OF PROCLAMATION TO JUDY WARD AND BARBARA JOHNSON Chairman Davis requested Ms. Judy Ward and Ms. Barbara Johnson to step forward to accept the proclamation Colonial Heritage and Family History that was adopted on October 6, 2003, proclaiming the month of October 2003 as Month in New Hanover County. He advised that Vice-Chairman Greer read the proclamation into record and stated that he would now like to present the proclamation to Ms. Ward and Ms. Johnson since they were not present at the meeting. On behalf of the Board, Vice-Chairman Greer presented the proclamation to Ms. Ward and Ms. Johnson. Ms. Judy Ward, speaking for the Lord Craven Chapter of Colonial Dames of the Seventeenth Century, expressed appreciation to the Commissioners for their interest in the culture and the preservation of the history in New Hanover County. 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. Commissioner Boseman requested removal of Items 5 and 13 for further discussion. After hearing no further comments, Chairman Davis called for a motion to approve the Consent Agenda Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer to approve the items on the Consent Agenda as presented with the exception of Items 5 and 14. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Regular MeetingAugust 18, 2003 Airlie Gardens Work SessionSeptember 11, 2003 Emergency Meetings - Hurricane Isabel September 16-17, 2003 Ratification of an Environmental Protection Agency Grant in the Amount of $157,500 for Water Quality Improvements in the Smith Creek Area The Commissioners ratified a grant in the amount of $157,500 from The U. S. Environmental Protection Agency (EPA) for watershed improvements in the Smith Creek area and authorized the County Manager to proceed forward with the project. The grant application was approved by the County Commissioners on May 6, 2002 and no County match is required. The grant funds will be used for establishment of Best Management Practices (BMPs) for water quality improvement in two areas of the upper Smith Creek watershed. One site is near Laney High School that will be used for environmental education. The second site will be along Candlewood Drive where the County purchased several properties using FEMA funds for acquisition of repetitive flood loss properties. The BMPs will include such measures as stream and wetland restorations and flood plains improvements. Adoption of the North Carolina Governor’s Highway Safety Program Local Governmental Resolution for the Sheriff’s Department to Submit the 2004 Law Enforcement Liaison Reimbursement Grant Application The Commissioners approved a request from the Sheriff’s Department to submit a grant application in the amount of $13,000 and adopt a Local Government Resolution to the N. C. Governor’s Highway Safety Program for the 2004 Law Enforcement Liaison (LEL) Reimbursement Grant. The Department is eligible to apply for this reimbursement grant for equipment and in-state travel funds in return for participating in the Governor’s Regional Highway Safety Program. The County Manager was authorized to accept the grant and approve the associated budget amendment if the grant is awarded. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 795 A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 20.4. Approval of Adding Two Positions to the North Carolina State University Payroll for Cooperative Extension Service and Approval of Associated Budget Amendment #04-0065 The Commissioners approved adding two positions currently funded by the Arboretum Foundation to be included in the staffing agreement between the North Carolina Cooperative Extension Service/North Carolina State University and New Hanover County and approved associated Budget Amendment #04-0065. The funding will be split equally between the County and the Arboretum Foundation for the cost of the Ability Garden Program Manager with benefits. The Arboretum Secretary will continue to be funded by the Arboretum Foundation with no contribution from the County. Budget Amendment #04-0065-Non-Departmental/Contingencies/Cooperative Extension Adjustment Debit Credit Non-Departmental/Contingencies: Contingencies $13,700 Cooperative Extension: Contribution from Arboretum Foundation$36,300 Professional Services$50,000 Explanation: To transfer funds from Contingency for the additional county cost of the positions being added to the Cooperative Extension Agreement with N. C. State University for the remainder of the fiscal year. To budget Contributions from the Arboretum Foundation to pay for the remaining cost of the positions. Adoption of Resolution to Approve Disposal of Surplus Equipment and Vehicles Through a County Auction to be Held on November 8, 2003 The Commissioners adopted a resolution authorizing the Finance Director’s designated representative to dispose of surplus equipment and vehicles through a County Auction to be held November 8, 2003, at 9:00 a.m. at the Property Management Facility on Division Drive, Wilmington, North Carolina. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 20.5. Approval of Cape Fear Garden Club Grant Award for the Juvenile Day Treatment Center and Approval of Associated Budget Amendment #04-0066 The Commissioners approved a grant from the Cape Fear Garden Club in the amount of $8,000 for the Juvenile Day Treatment Center Program to purchase plant stock and complete the first phase of the landscaping project. Budget Amendment #04-0066-Juvenile Day Treatment Center Adjustment Debit Credit Contribution - Cape Fear Garden Club $8,000 M&R Buildings and Grounds$8,000 Explanation: Received grant from the Cape Fear Garden Club for first phase of grounds beautification project at the Juvenile Day Treatment Center. Approved Waiver of Restrictive Covenants by New Market, LLC Regarding New Hanover County Contract #04- 0120 The Commissioners approved a request for a waiver of restrictive covenants that are part of County Contract #04-0120. As a property owner at Marketplace Mall, the County has been asked by New Market, LLC to agree to an amendment of the restrictive covenants to address a proposed use by Wayne Stamey, a prospective purchaser of a portion of the Mall tract to be sold by New Market LLC. Mr. Stamey would like to store automobiles on the site in conjunction with his adjacent auto dealership. Staff recommends approval of the waiver since the site will be used only for the storage of automobiles and not for sales. A copy of the contract is on file in the Legal Department. Approval of New Hanover County Contract #04-0112 Amending a Lease with the Airport Authority The Commissioners approved Contract #04-0112 amending a 1989 Lease the County entered into with the Airport Authority for a thirty (30) year period. The description intended to cover "all property and premises presently known as the New Hanover County International Airport." The original lease inadvertently omitted a certain parcel reference and instead included a non-airport reference. The lease amendment will correct these clerical errors. A copy of the lease amendment is on file in the Legal Department. Approval of Transfer of Funds from the Library’s Gift Account to the Library Foundation of New Hanover County The Commissioners approved a transfer of funds from the Library’s Gift Account to the Library Foundation of New Hanover County. The Library Advisory Board established the Library Foundation of New Hanover County to strengthen the services of the New Hanover County Public Library by providing funding that complements, but does NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 796 not supplant the responsibility of New Hanover County to adequately support its public library system. The foundation will be a tax exempt 501-C organization, which will be able to accept gifts, bequests, and other funds to improve library service. This approval will permit transfer of memorials and gifts recently received in honor of David Brinkley to the Library Foundation as recommended by the Library Administration and Advisory Board. Acceptance of Tax Collection Reports Through September 30, 2003 The Commissioners accepted the following Tax Collection Reports through September 30, 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 20.6. Approval of Release of Values - Tax Department The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers: Ballenger, Marian $39,756 Benson, Winfred B. $47,527 Freeman, Betty Bloodworth $39,456 Glover, Marvin $50,869 Hewett, James A. Shirley G. $46,060 McLamb, Leroy Pamela C. $58,566 Noland, John C. Jr. $61,114 Oerter, Gladys $58,035 Philemon, Bessie C. $38,335 Potter, Gale $21,657 Smith, Frances L. $86,699 Tate, Elizabeth H. $20,000 Thompson, Frederick $45,952 Topka, Uta $45,121 Whitman, Sherwood L. $38,748 Wilson, Edward R. $38,625 The Commissioners approved the release of late listing penalties for the following taxpayers as it was the Taxpayer’s first offense: Burnett, Gilbert H. $29.78 Hickmon, James R. Patricia F. $18.57 McKesson Automation Systems, Inc.$ 7.93 Myers, Cynthia D. $ 9.74 The Commissioners approved delinquent applications for exemption from the property tax for the following organizations: Anchor Baptist Church R02900-004-028-000 Mount Zion AME ChurchR04819-018-001-000 Warner Outreach Ministries R04809-012-010-000 and R04809-012-011-000 Approval of Budget Amendment #04-0063-Human Relations The Commissioners approved the following Budget Amendment: Budget Amendment #04-0063-Human Relations Adjustment Debit Credit HUD Grant$50,000 Contracted Services$50,000 Explanation: To increase the budget for additional award of $50,000 to Human Relations for the Partnership Initiative. Approval of Budget Amendment #04-0068-Health The Commissioners approved the following Budget Amendment: Budget Amendment #04-0068-Health AdjustmentDebitCredit Maternity Care Coordination: State Grant$7,500 Salaries & Wages$6,750 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 797 Budget Amendment #04-0068-Health (Cont.) AdjustmentDebitCredit Employee Reimbursements$ 750 Breast & Cervical Cancer program: State Grant$3,910 Contracted Services$3,910 Temporary Assistance to Needy Families: Temporary Aid to Needy Families$17,827 Salaries and Wages$17,827 Explanation: To budget additional State revenue received for Health Department Programs. Approval of Budget Amendment #2004-14-Federal Forfeited Property The Commissioners approved the following Budget Amendment: Budget Amendment #2004-14-Federal Forfeited Property AdjustmentDebitCredit Federally Forfeited Property$1,279 Capital Project Expense$1,279 Explanation: To increase the budget for additional revenue received on September 8, 2003. 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 #2004-15-Controlled Substance Tax The Commissioners approved the following Budget Amendment: Budget Amendment #2004-15-Controlled Substance Tax AdjustmentDebitCredit Controlled substance Tax$3,316 Capital Project Expense$3,316 Explanation: To increase the budget for additional revenue received on October 6, 2003. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as deemed necessary by the Sheriff. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 5, A RESOLUTION APPROVING CONTRACT #04-0118 WITH GREGORY POOLE EQUIPMENT COMPANY FOR THE PURCHASE OF A CATERPILLAR DOZER FOR THE NEW HANOVER COUNTY LANDFILL Commissioner Bosemanasked if approval of purchasing the Caterpillar bull dozer would result in a tax increase for the next fiscal year. County Manager O’Neal explained that purchasing the bull dozer was part of the Enterprise Fund for the Environmental Management Department and stated it should not result in a tax increase for the next fiscal year. Hearing no further discussion, Chairman Davis requested a motion to approve Consent Agenda Item 5. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt a resolution awarding Contract #04-0118 to Gregory Pool Equipment Company in the amount of $424,288 for the purchase of a Caterpillar D&R bull dozer pursuant to N.C.G.S. 143-129(g) allowing the County to piggy back on another government’s contract, and to authorize the County Manager to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 20.7. A copy of the contract is on file in the Legal Department. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 13, A CHANGE ORDER AMENDING THE DESIGN CONTRACT WITH BMS ARCHITECTS FOR THE PROPOSED VISITOR’S CENTER AND STAFF FACILITIES AT AIRLIE GARDENS Commissioner Boseman advised that she removed this item from the Consent Agenda to call for a separate vote on this issue. Hearing no further discussion, Chairman Davis called for a motion to approve the change order. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve a Change Order amending the design contract with BMS Architects in an amount not to exceed $200,000 to include the full design of the proposed Visitor’s Center and Staff Facilities at Airlie Gardens. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 798 Boseman voted in opposition. A copy of the change order is on file in the Legal Department. ITEM 8 ON THE REGULAR AGENDA POSTPONED TO NOVEMBER 17, 2003 Chairman Davis advised that Staff had requested removal of this item until the November 17, 2003 meeting. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Five Years Sharon P. Oakes - Tax Department Frankie Pridgen - Fire Services Donald W. Chestnut - Fire Services Dorian K. Flowers - Fire Services Malcolm H. Smith - Fire Services Regina D. Anderson - Social Services Ten Years William T. Parker - Sheriff's Office Bobby D. Blackmon - Sheriff's Office Twenty Years Vonzella Jones - Sheriff's Office Twenty-five Years Ruth E. Foy - Health Department Avery G. Rollinson - Health Department On behalf of the Board, Chairman Davis presented a service award to each employee and expressed appreciation to these employees for their years of dedicated service to New Hanover County. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: Paula Smyth, County Manager’s office Cynthia Wallace, Health Department Susan James, Health Department Maureen Lamphere, Health Department Harriet Dresing, Cape Fear Museum On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover County government and wished them success with their new positions. ADOPTION OF RESOLUTION RECOGNIZING ANDREW J. ATKINSON, DEPUTY COUNTY MANAGER, FOR OVER TWENTY YEARS OF SERVICE TO NEW HANOVER COUNTY County Manager O’Neal read a resolution into the record recognizing the service of Andrew J. Atkinson, a former Finance Director and Deputy County Manager. Chairman Davis called for a motion to adopt the resolution. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution recognizing Andrew J. Atkinson, Deputy County Manager, for his years of service to New Hanover County. Upon vote, the motion CARRIED UNANIMOUSLY. Vice-Chairman Greer expressed appreciation to Deputy County Manager Atkinson for his years of service and many contributions to New Hanover County. He stated that Andy would truly be missed. Commissioner Pritchett stated that she did not feel that any member of the Board could adequately thank Andy for his service to New Hanover County. Deputy County Manager Atkinson expressed appreciation for the many kind remarks and stated that it had been a great honor and privilege to serve New Hanover County for 24 years. He also thanked the County Commissioners for the time and effort given to serve as elected officials, and he expressed appreciation to the County employees who provide quality services to our citizens on a daily basis. In closing, Deputy County Manager Atkinson advised that it had been an honor and joy to work under County Manager O’Neal for the past 13 years. Commissioner Caster expressed appreciation to Andy for his years of service and stated it had been a pleasure to work with him. Chairman Davis expressed appreciation to Deputy County Manager Atkinson for bringing integrity, honesty and his Christian faith in performing his job as a Finance Director and Deputy County Manager. He stated that personally he had enjoyed his friendship and professional relationship during his years of service. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 799 County Manager O’Neal advised that Andy would be sorely missed and stated that it had been a pleasure to work with him. A round of applause was given to Deputy County Manager Atkinson. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 20.8. PRESENTATION BY WALKER GOLDER ON THE WATERBIRD HABITAT MANAGEMENT PLAN BY THE AUDUBON SOCIETY FOR THE MASON INLET RELOCATION PROJECT Mr. Walker Golder, on behalf of the National Audubon Society, expressed appreciation to the Board for allowing him to appear before the Board and discuss the success of the Waterbird Habitat Management Plan on the north end of Wrightsville Beach. He presented the following report: As part of the Mason Inlet Relocation Project, Permit Condition #16 required New Hanover County to develop and implement a water bird management plan. The key components of the plan included identifying and protecting nesting habitat, providing high quality foraging and roosting habitat, restraining human and animal disturbances, educating the public, and monitoring the water birds in the area. When Mason Inlet was relocated, habitat that had been used by nesting birds for more than 20 years was relocated to the north end of Wrightsville Beach. The inlet relocation changed the habitat nesting area from the southern end of Figure Eight Island with little disturbance by humans to the north end of Wrightsville Beach with thousands of people using the beach on a daily basis. This created the need to protect and manage the habitat. The contractors did an excellent job with maintaining the habitat when relocating the inlet. In an effort to manage this area as required by the Permit Condition #16, New Hanover County contracted with the Audubon Society to manage the north end of Wrightsville Beach through the entire nesting season with development of a community educational awareness program, maintenance of the posted signs, protecting the boundary of nesting areas, and monitoring the birds as outlined in the Water Bird Habitat Management Plan. In order to accomplish these tasks, the Audubon Society employed a Biological Technician to oversee the project and prepare a final report on the details. The Water Bird Management Plan consists of the following items: •Post signs that clearly inform the public where the nesting habitat areas are located. •Ensure the rope and post fence remains in place to avoid human disturbance at the nesting sites. •Have a representative present at the nesting habitat areas to oversee the site. •A graduate of UNCW was hired to oversee the project for the entire season. Approximately 24 volunteers were used to monitor the area with over 1,100 hours of service. These volunteers were present to educate the public and answer questions about the birds and to explain to people why dogs were prohibited on the habitat areas. Weekly two-hour tours of the habitat areas were offered free of charge during the nesting season. At least 10 to 11 people went on the tour each week, and they enjoyed seeing the species of the bird nesting, the dunes, and turtle nesting areas. A brochure previously developed by the Audubon Society was handed out to people on the tours and to visitors walking the north end of the beach. The following figures were presented on the success of the 2003 Water Bird Management Plan compared to the 2002 Management Plan which failed because it was not properly implemented: Species 20022003 Least Tern 0 nest 3 nests Black Skimmer4 nests (failed)17 nests American Oystercatcher2 nests (failed)3 nests (chicks killed by dogs) Wilson Plover 1 nest 6 nests Willet0 nest 4 nests Piping Plover0 nest 0 nest Commissioner Caster requested an explanation of why there were no nests for the piping plover. Mr. Golder explained piping plovers occur at the north end of Wrightsville Beach during the migration season in a fair number; however, the birds are not there for nesting. It was found that the piping plovers did use Lee and Hutaff Islands for nesting in greater numbers than in the past. Commissioner Caster asked Mr. Golder if he had data before 2002 on the shorebirds. Mr. Golder responded that data for the south end of Figure Eight Island was available before 2002 and stated that he would provide this information to the Commissioners. Mr. Golder reported that the Waterbird Habitat Management Plan does refer to an area for migrating and wintering birds, which is after the nesting season. The contract between New Hanover County and the Audubon Society cover only the nesting season; however, the Audubon Society has some recommendations on how this area could be managed on an annual schedule as a bird sanctuary for the benefit of the people and the birds. The following recommendations were presented: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 800 •Installation of a sand fence at the end of North Lumina Avenue •12-month prohibition of dogs within the management area •Enforcement of the ordinances •Allow the Audubon Society to manage the area for the entire year and develop educational programs so this area can be used as an asset. With 1.3 million birders in North Carolina and 46 million birders in the United States, the economic impact is approximately $85 billion with the creation of 800,000 jobs. These people are visiting New Hanover County beaches to enjoy birds as part of their stay. In concluding the presentation, Mr.Golder informed the Board that Audubon Society had a successful season in managing the north end of Wrightsville Beach. A lengthy discussion followed on enforcement of persons violating roped off areas. Mr. Golder reported that volunteers and members of the Audubon Society would immediately stop people from going through the roped off area and courteously explain to them the reasons for the need to protect the nesting habitat. Most people were appreciative of the explanation and only two or three incidents occurred where law enforcement officials had to be called to escort these individuals off the beach. Most of these incidents involved dogs whose owners would become upset. Chairman Davis requested Mr. Golder to define the number of months involved with the nesting season and cost to the County for contracting with the Audubon Society to manage the north end of the beach. Mr. Golder responded that normally the nesting season begins in March, but this year the season began in April and ended the first of September. The cost for managing the area was $24,700. Chairman Davis asked Mr. Golder if he was requesting the County to enter into a contract with the Audubon Society to manage the area on an annual basis. Mr. Golder responded that he was requesting the County to continue the bird sanctuary program on an annual basis, which has been supported by the Wrightsville Beach Board of Aldermen and the entire Wrightsville Beach community. Chairman Davis asked what the projected cost would be for the County to enter into a contract with the Audubon Society to monitor the area for 12 months. Mr. Golder responded that the cost would range from $44,000 to $48,000 depending on the level of service. If the Audubon Society continues to provide the same level of services, the projected cost would not exceed $48,000; however, this is a draft budget and the Audubon Society would like an opportunity to determine the level of service desired by the County to see if the cost can be negotiated. In further discussion of whether the contract would be renewed on an annual basis, Mr. Golder advised that the monitoring should continue for the life of the project which is 30 years. He explained if the County wants to renew the contract on an annual basis, that would be fine and noted that he was not familiar with contract terms used by the County. Chairman Davis again asked Mr. Golder if he wanted the Board of County Commissioners to consider an obligation to contract with the Audubon Society for 30 years at a maximum cost of $48,000. Mr. Golder advised that the area should be monitored on an annual basis which means that is would be monitored 14 hours a day, 7 days a week by using volunteers and paid staff. A full time person who would be on call 7 days a week would have to be hired to coordinate and oversee the management program. Commissioner Pritchett advised that financially eco-tourism is the biggest thrust in the tourism industry because people are interested in visiting places that care about the ecology. She requested the Board to consider taking the necessary steps to protect this special area on the north end of Wrightsville Beach. A lengthy discussion was held on funding to continue the management and monitoring program. Assistant County Manager Weaver explained that the County was required to manage the nesting area, which is being done under the contract with the Audubon Society, and the County was required to monitor the endangered species, i.e., the piping plover, which is being done under the contract with Dr. Webster at UNCW. The monitoring of the piping plover is required to be monitored once a week, and Staff hopes that the County will be able to negotiate with the U. S. Army Corps of Engineers to see if the amount of monitoring for the piping plover can be reduced. Mr. Walker explained that monitoring and management must be separated. The Audubon Society performed the management of the nesting areas, which allows the chicks to hatch and increase the population of the water birds. If the County does not implement the management plan for the nesting season, the area will be overrun with people and the birds will abandon the area. The Water Bird Management Plan does refer to year around protection of the area with specified dates. Commissioner Pritchett asked if the Corps of Engineers would accept the monitoring by the Audubon Society instead of requiring the work to be performed by UNCW. She stressed the need to protect the migrating birds as well as the nesting birds and stated that management of this area is needed for12 months a year. Assistant County Manager Weaver agreed with Commissioner Pritchett and stated that continued management would produce positive benefits for the birds and makes it easier to enforce the ordinances because people would learn not to intrude on nesting areas. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 801 Chairman Davis spoke on being confused about Permit Condition #16 and requested an explanation of what is required by New Hanover County. Assistant County Manager Weaver advised that under Condition #16, the County is required to implement a Water Bird Management Plan for 30 years to be actively managed as shorebird mitigation including the following measures: (1) signage must be clearly posted for the entire colony; (2) rope and post fencing must circle the entire colony; (3) a minimum buffer is required; (4) dogs in the area must be leashed at all times; (5) the site must be patrolled regularly; (6) the progress of the colony and plover nests must be monitored as long as the birds are nesting. In the Biological Opinion there are other conditions required for monitoring purposes. Chairman Davis asked if the Waterbird Habitat Management Plan is required on an annual basis. Assistant County Manager Weaver responded that personally he felt it was not necessary to have an annual management plan with paid people to meet the permit conditions. Currently there is a market for eco-tourism which brings people to the north end of Wrightsville Beach. To have the presence of the Audubon Society for 12 months a year would increase the number of people visiting the area. The issue to be determined is whether the benefitted property owners within the Mason Inlet Project should be assessed this additional cost, particularly if management is not required for the entire year. The Board may want to consider paying for the additional monitoring from the General Fund. Chairman Davis asked if the permit requires the County to manage and monitor for 30 years. Assistant County Manager Weaver responded that the County is required to provide managing and monitoring activities for 30 years; however, the intensity of the management and monitoring can be negotiated and changed through the years. He also noted that the contract with the Audubon Society should be on an annual basis. Chairman Davis reported that the Board of County Commissioners received a resolution adopted by the Wrightsville Beach Board of Aldermen in support of continuing the management program on a 12-month basis with utilization of the Audubon Society to manage the bird sanctuary and continued enforcement of ordinances and restrictions by the Town of Wrightsville Beach as long as funds are available. Chairman Davis also noted that a letter had been received from Ms. Glenda Flynn, President-Elect of the Wrightsville Beach Chamber of Commerce in support of continued protection of the bird sanctuary. He also noted that a letter had been received from the Wrightsboro Elementary School requesting the Board to continue to protect the bird sanctuary. Vice-Chairman Greer asked if the north end of Wrightsville Beach had been declared a bird sanctuary. County Manager O’Neal explained that New Hanover County cannot declare a bird sanctuary because the agreement with the Hutaff family prohibits a “no building” clause. Chairman Davis advised that Mr. Frank Pinkston, Chairman of the Mason Inlet Preservation Group (MIPG) had written a letter to the Board saying that if the Audubon Society believes there is a need to continue this effort, the Society should provide the resources necessary to carry out the program. The letter also noted that if the County feels this effort should be continued, it should be financed from the general tax base to allow all citizens to incur the cost. Chairman Davis stressed the importance of knowing exactly what conditions are required by the permit issued by the Corps of Engineers and stated if a condition is not required in the permit, Mason Inlet Preservation Group should not be expected to pay for the cost. Mr. Golder responded that under Condition #16 of the permit, the Audubon Society followed the requirements in the Waterbird Habitat Management Plan, which states specifically the dates that actions have to occur. He advised that his recommendations were based on the Waterbird Habitat Management Plan. Every penny of the money paid to the Audubon Society from the County goes to the project. None of the money goes to an endowment or any other fund. Chairman Davis asked if the Board was prepared to make a final decision. Mr. Golder advised that if the members of the Board have not read the Waterbird Habitat Management Plan, it might be wise to wait. Chairman Davis requested direction from the Board. After discussion of the difference in the summer and annual monitoring being $23,000, Commissioner Pritchett suggested that the management contract with the Audubon Society for the nesting season should be funded by the MIPG (benefitted property owners) and the County should fund the management plan for the remainder of the year. This action will generate more tourism to the entire area and the water birds will be better protected. Chairman Davis advised that Mr. Frank Pinkston, Chairman of the MIPG, was present and would like to speak. Mr. Pinkston reported that the MIPG was pleased with the results of the Mason Inlet Relocation. This area has been restored as a bird sanctuary and the birds have been restored in large numbers without nesting disturbances. The MIPG supports continued preservation of this area for birds and other wildlife as done in other coastal areas. The members of the MIPG do not understand why this one small section of the North Carolina coastline has been singled out and forced to pay for volunteers to stand around and educate the public on protecting the area for birds. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 802 It is frequently stated that this is a condition of the permit; however, the fact is that none of these items were included in the permit when it was first issued. The so called land management plan was developed after the permit was granted by a group consisting of contractors and environmental agencies that had a self-serving interest. They all benefitted in one way or another from the requirements in the plan. The MIPG was not allowed to participate in the development of this plan and the members have never been given a copy of the plan but the MIPG is expected to pay the bill. The MIPG has cooperated with the County throughout the process and no one has complained about the cost. The members are repaying the County in accordance with the assessment plan. Discussion is now being held on non-related issues being added to the project without the knowledge of the MIPG who will be expected to pay for the cost. The MIPG is saying that enough is enough and requesting this group to continue to pay for a bird management program in this small area is going too far. When rendering a decision, the Board of County Commissioners should consider that 10 to 15 years ago, before the inlet started to migrate south, the area north of Shell Island existed as a bird sanctuary without assistance from the Audubon Society. At that time, there were trails for people to walk to the inlet and no one was concerned about disturbing the birds. As a result of the Mason Inlet Relocation Project, this area has been returned as a bird sanctuary. A rope fence and posted signs have been installed to protect the birds, which is being paid by MIPG. This effort has protected the area and has allowed the birds to return. What more can be done. Having people from the Audubon Society standing around may very well help educate tourist and local visitors interested in learning about the birds in the area, but this does not provide additional protection to the area. Why do we now need to pay the Audubon Society to perform this function in a small area when this service was not needed before or is needed in any other bird sanctuary on the North Carolina Coast. The MIPG suggests that if the Commissioners deem this action necessary, it should be paid by all taxpayers of New Hanover County. The MIPG does not understand why this area is being singled out since it has absolutely nothing to do with the accepted obligation to preserve and keep Mason Inlet in its present location. The MIPG feels that the contract with Dr. Webster to monitor the area, count and identify the bird activity has served its purpose and is no longer needed. This contract was initiated for the purpose of observing the impact on the bird population during the inlet relocation construction period. The contract has been in force for almost three years. By all accounts, including Dr. Wester’s reports, the bird activity has returned to a normal level, possibly exceeding that prior to construction. The MIPG is asking the Board of County Commissioners to terminate this contract. The Commissioners should be reminded that the MIPG through financing of this project spared the County and the State from the embarrassment of a disaster that would have occurred if the inlet had not been relocated. As a result of this successful project, the County continues to benefit from the $400 million tax base that could have been destroyed. The financial burden on the MIPG has been enormous and this group will continue to shoulder this burden for the next 30 years. However, the MIPG insists that all future costs for payment must be essential and directly related to the maintenance of the inlet. In closing, Mr. Pinkston requested the Board to include the MIPG in all future county deliberations that could result in additional costs to be passed to the group through assessments. This is not an unreasonable request, and it is only fair for the MIPG to be given some oversight in the management of the project as long as the group is expected to pay the bills. Ms. Debra Schultz, President of the Wrightsville Beach Association, informed the Board that the volunteers who assisted with the management of the nesting sites were members of the Wrightsville Beach Association. She stated that the Association endorses the management of this area on an annual basis because birds are migrating throughout the entire year. She requested the Board to seek other funding sources for management of this the area on an annual basis because it was not right to place this burden on the MIPG. In concluding her remarks, she offered the assistance of the Wrightsville Beach Association in providing volunteers to help with the management program. Chairman Davis expressed appreciation to Mr. Pinkston and Ms. Schultz for their remarks. Commissioner Caster advised that Mr. Pinkston made some good points and stated that the MIPG should not have to pay for managing the area for 12 months. He requested the Board to allow more time to study the issue before rendering a decision. Mr. Pinkston stressed the importance of everyone understanding that all requirements that exist beyond the actual construction of the relocation of Mason Inlet are paid directly by the Wrightsville Beach side of the MIPG , not the benefitted property owners on Figure Eight Island. The only cost paid by Figure Eight Island is based upon the sand purchased. He also noted that although the resolution was adopted by the Wrightsville Beach Board of Aldermen, the Mayor and Aldermen are opposed to paying for this additional work. The Town of Wrightsville Beach will be required to pay for its share of the assessment. The costs continue to increase and benefitted property owners have already paid $7 million with another $2 million to pay. Chairman Davis agreed and suggested further study of these issues before deciding on the right approach. Commissioner Boseman suggested reviewing the contract with Dr. Webster to be sure this service is still needed. Assistant County Manager Weaver responded that the monitoring conducted by Dr. Webster is a condition of the permit that has to be met. Staff feels that monitoring the piping plover will be reduced in the next several years. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 803 He stated that he would like to discuss the possibility of the Audubon Society performing the monitoring as well as managing the inlet area with the U. S. Fish and Wildlife Division to reduce the cost. In further discussion, Commissioner Pritchett recommended postponing this item and directing Assistant County Manager Weaver to find out if the monitoring can be included as part of the contract with the Audubon Society and if so, what the additional cost will be for the Audubon Society to perform this service. Once this information is gathered, this item should be placed on the agenda. Motion: Commissioner Caster, MOVED, SECONDED by Commissioner Boseman, to renew the contract with the Audubon Society for five months starting November 2003 through March 2003 and continue the program to be paid by the County’s General Fund and direct Staff to address the issues discussed with recommendations presented to the Board. Assistant County Manager Weaver advised that the motion on the floor would provide time to check with the Corps of Engineers to see if there is a possibility of lowering the monitoring requirement, which will require approval by the U. S. Fish and Wildlife Service Division. Commissioner Boseman asked whether the motion approved would lock the County into 30 years for management during the off season period. Assistant County Manager Weaver suggested that the motion be amended to state that the County will not be locked into 30 years of management. Amended Motion: Commissioner Caster, MOVED, SECONDED by Commissioner Boseman, to renew the contract with the Audubon Society for five months starting November 2003 through March 2003 and continue the program to be paid by the County’s General Fund subject to the County not being locked into the management plan of the nesting area during the off season for 30 years, and direct Staff to address the issues discussed with recommendations presented to the Board. Substitute Motion: Commissioner Pritchett MOVED to table this issue and request Staff to come back within the next month to delineate the management and monitoring requirements and prepare a better recommendation for implementing these items. A lengthy discussion was held on involving the MIPG in the process. Vice-Chairman Greer stressed the importance of including this group in the process if they are going to pay additional costs. He requested Commissioner Pritchett to amend her motion to include the MIPG group. Chairman Davis stated that he would SECOND the motion without including the MIPG or any other group in the motion. He stated that Staff would involve any interested group as part of the discussion. Hearing no further comments, Chairman Davis called for a vote on the SUBSTITUTE MOTION. Upon vote, the MOTION CARRIED 3 to 2. Vice-Chairman Greer and Commissioner Caster voted in opposition. Chairman Davis advised that Staff will present the recommendation to the Board at the November 17, 2003 meeting. He asked if additional time should be allowed at the Staff meeting to discuss the proposed recommendation. Hearing no comments, Chairman Davis advised that when the information is presented by Staff, it should clearly show who pays for each service and the cost involved in managing and monitoring the plan for Mason Inlet. ADOPTION OF RESOLUTION DEDICATING THE RIVER ROAD BIKE LANES Staff Planner Chris O’Keefe reported that the N. C. Department of Transportation has completed resurfacing River Road and added bike lanes that are four feet wide on each side of the road. He advised that the addition of these lanes was a giant step in making New Hanover County a bicycle friendly community. To commemorate this event, the New Hanover Bicycle Advisory Committee is holding a dedication ceremony and bike ride on Saturday, October 25, 2003, 8:30 a.m. at River Road Park. He invited the Commissioners to attend the event. Chairman Davis requested Staff Planner O’Keefe to read the resolution into the record. Chairman Davis requested a motion to adopt the resolution. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the resolution recognizing NCDOT for installing the bike lanes and announcing the dedication of the River Road Bike Lanes on October 25, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVIII, Page 20.9. PUBLIC HEARING TO CONSIDER APPROVING THE APPLICATION FOR 2004 N. C. SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Chairman Davis opened the Public Hearing. Staff Planner Wanda Coston announced that the purpose of the Public Hearing was to give time for the public to comment on the County’s application for the 2004 NC Small Cities Community Development Block Grant (CDBG) Program Scattered Site Housing Program (SSHP) and to offer input into the County’s Citizen Participation Plan. This is the second non-competitive grant in this category to be awarded to New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 804 Projects must include activities in which a majority of funds are directed toward improving, preserving or developing residential areas, address the national objective of benefitting low and moderate income persons, and/or aid in the prevention or elimination of slums and blight. New Hanover County is one of 33 counties in the State which is eligible to receive $400,000 in non-competitive funds, to be used to implement a housing program to benefit very low-income owner occupied households. In order to comply with the terms and conditions set forth in the grant requirements, the County must submit an application, certify that a detailed citizen participation plan is being followed and to adopt an Optional Coverage Relocation Plan. Chairman Davis asked if anyone from the public would like to comment. Hearing no comments, Chairman Davis closed the Public Hearing. Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve submission of the application; adopt the New Hanover County Citizen Participation Plan and the Resolution in accordance with Section .1002 Citizen Participation of the North Carolina CDBG Regulations (4NCAC19L); and adopt the Resolution establishing Policy and Plan for Optional Coverage Relocation Assistance as outlined under the required Uniform Relocation Assistance and Real Property Acquisition Policies Act, Sections 570.496a(d) and 570.606(d), of the interim rule, which describes the Act. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVIII, Page 20.10. PUBLIC HEARING TO CONSIDER ADOPTION OF AMENDMENTS TO THE FLOOD PLAIN MANAGEMENT REGULATIONS Chairman Davis opened the Public Hearing and requested Staff Planner Chris O’Keefe to present the proposed amendments to the Flood Plain Management Regulations. Vice-Chairman Greer commented on the importance and complexity of the proposed amendments to the Flood Plain Management Regulations and suggested scheduling a Work Session before rendering a decision on regulations that could greatly impact property owners after hurricane events. Staff Planner O’Keefe advised that holding a Work Session on these amendments would be welcomed by the Planning Board and Planning Staff. Commissioner Caster requested the Board to consider discussing Staff’s recommendation on monitoring and implementing the Waterbird Habitat Management Plan at Mason Inlet if a Work Session is scheduled. Consensus: After discussion, it was the consensus of the Board to hold a Work Session on November 12, 2003, at 5:00 p.m following the Staff Meeting to discuss the amendments to the Flood Plain Regulations and discuss Staff’s recommendation for monitoring and implementing the Waterbird Habitat Management Plan at Mason Inlet. The meetings will be held in the Assembly Room of the New Hanover County Historic Courthouse, 24 North Third Street, Wilmington, N. C. CONSIDERATION OF REQUEST FROM HARRY DORSEY FOR ASSISTANCE TO OBTAIN PAYMENT FOR WORK PERFORMED ON THE JAIL PROJECT Mr. Harry Dorsey, the owner of Carolina Communications, reported that he had been in business since 1983 and stated that he had performed work in New Hanover County, adjacent counties and in South Carolina for the past 20 years. He advised that he was appearing before the Board of County Commissioners to explain the reality of his situation involving his participation in the Jail Project. Mr. Dorsey advised that two and one-half years ago, approximately 60 small businesses were invited to attend a meeting in the Assembly Room to participate in construction of the new Jail. Out of the 60 businesses, his company was the only firm that received a contract to work on the Jail. When the bids were opened, J. M. Thompson was the lowest bidder and the County awarded a $26 million contract to this company to complete construction of the new Jail. Under the J. M. Thompson contract, the company was to hire over 30 subcontractors. Normally, there are only four subcontractors, electrical, heating and air, plumbing, and security. Since the security portion of the project was so large, it was included as a separate bid. The company of McGregor Industry from Pennsylvania was awarded the security contract in the amount of approximately $3 million. Under the McGregor subcontractor contract there were six sub- subcontractors. Carolina Communications was awarded a sub-subcontract to install the conduit throughout the Jail for the entire security system. When the bids were opened, McGregor received the $3 million award and the estimator for McGregor underestimated the job by $918,000, which was the difference in bids received. The nearest competitor bid almost $1 million more. The man who estimated the job was fired by McGregor and Carolina Communications was left to perform the work. The contract awarded to Carolina Communications was $332,000 to install the conduit with no involvement with the purchase of the wires to be supplied or fixtures, devices, cameras, and interconnecting equipment. Mr. Dorsey advised that after Carolina Communications started the work, things began to fall apart; however, the contract he signed with McGregor specifically mandated that even if the County did not pay J. M. Thompson his money on a monthly basis, and J. M. Thompson did not pay McGregor on a monthly basis, McGregor had to pay Carolina Communications every month for the work performed. Mr. Dorsey informed the Board that his 10-month contract with McGregor was completed in July 25, 2002. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 805 However, since the project was not completed, McGregor wanted Carolina Communications to remain on the job, and an agreement was reached in writing that he would keep his work crew at the Jail at an hourly rate of $30 per person. He stated that his company lived up to that agreement and at the end of October 2002 he received payment for the work performed in September 2002. In October 2002, the crew remained on the job at the same hourly rate and he received payment in November for October 2002. At that time, he communicated with Mr. David Bland, a representative of McGregor, to inform him that his agreement with Carolina Communications had expired at the end of October 2002 and asked if he wanted the crew to remain on the job. A reply was received in writing from Mr. Bland saying that he wanted Carolina Communications to continue working with a crew of five men on the job. Mr. Bland then requested him to expand the work crew from 5 workers to 22 workers for the month of October 2002 at an hourly rate of $30 per hour. Mr. Dorsey stated that he increased the work crew as requested and at the end of November, the job was not finished and he asked Mr. Bland what he wanted him to do for the month of December. Mr. Bland replied in writing that he was to continue with the 22 workers throughout the month of December. At the end of December, Mr. Bland paid for the work and requested the crew to be reduced from 22 workers to 14 workers through January 2003. At the end of January, a communication was received from Mr. Bland saying that he did not have any money. According to the contract, Mr. Dorsey stated that he communicated with the County Staff and Ken Weeden & Associates, the firm hired by the County to monitor payments to small contractors. A mediation meeting was held in February and that was when Mr. David Bland admitted to Assistant County Manager Pat Melvin, representatives of Ken Weeden & Associates, and his wife that he owed Carolina Communications over $88,000. Assistant County Manager Melvin composed a rendition of the agreement because she was present at the meeting. The money was to be paid during the month of April 2003, and five months have passed without receiving payment. Mr. Dorsey informed the Board that he and his wife had over $50,000 in their bank accounts on January 1, 2003. He stated that his wife worked at UNCW for 16 years and when she left she withdrew her retirement money because McGregor had not complied to his agreement and the money was needed to keep the crew on the job. Beginning March 1, 2003, another $48,000 was spent to meet payroll for his work crew. Mr. Dorsey advised that he had waited long enough to receive his back pay and that according to State Statutes in projects of this type, the regular money for the work done should be paid through the “quick pay” process. He requested the County to pay him the $44,000 so his company can remain in business. The total amount due is $96,000 but according to the agreement with Mr. Bland, $44,000 of back pay should have been paid in April. The remaining $52,000 is the 10% retainage, which can be worked out with the company at a later date. He again requested the Board of County Commissioners to pay the back money that should have been paid pursuant to the General Statutes. Chairman Davis expressed appreciation to Mr. Dorsey for the comments and stated that it was his understanding that the County is in the process of addressing payment issues with the general contractor J. M. Thompson. There is a mediation meeting scheduled in December with J. M. Thompson to review all jail issues. Mr. Dorsey responded that he could not wait until December to receive payment. Chairman Davis advised that he had been informed by the Legal Staff that the mediation process was the proper step to take and that the County Commissioners do not have authority to grant the payment at this time. MEETING RECESSED FOR LUNCH Chairman Davis recessed for lunch from 12:05 p.m. until 12:35 p.m. PRESENTATION OF STATUS REPORT ON THE ACTIVITIES RELATED TO THE DEVELOPMENT OF THE EMERGENCY COMMUNICATIONS CENTER (911) AND THE EMERGENCY OPERATIONS CENTER (EOC) County Manager O’Neal reported that contract amendments are presently being completed in order to combine the efforts of the two architectural firms presently working on each of these facilities. Sharp Architects has completed design work on the new EOC. Ware Bonsell will be required to design the 911 Center as a new structure instead of the expanded space in the LEC. At this point, approximately $70,000 has been expended for architectural services. The plan is to move forward with the design and bid the project. Once bids are received, award of the construction contracts will be brought back to the Board for consideration. Funds were budgeted for this project at the September 15, 2003 meeting. County Manager O’Neal advised that due to the change in the status of the LEC, he felt it was necessary for the Board to confirm the action being taken. He encouraged the Board to continue with the proposed plan for the 911 Center and EOC because functionally it is better for these two agencies to be co-located at the MarketPlace Mall Annex site. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis advised that the County now has the LEC with no designated use of the building. The Sheriff would like for his office and Administrative Unit to be located at the new Jail. Both the 911 Center and EOC are in need of space and Staff feels that both of these functions should be moved to MarketPlace Mall. He stated that regardless of what is done with the LEC, he felt First Baptist Church would be involved in the process. Commissioner Caster asked if the seismic requirements would have to be met if the Board decides to expand space in the LEC for the 911 Center and the EOC. County Project Engineer Greg Thompson responded that if the space renovated did not exceed 50% of the LEC, the expansion would be grandfathered in without having to meet current building codes; however, if the expansion NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 806 exceeds 50%, the seismic requirements and current building codes will have to be met. Having to comply to these regulations would be more costly than moving the 911 Center and EOC to MarketPlace Mall. Commissioner Pritchett advised that she felt the discussion was premature because the Board has not decided what should be done with the LEC. County Manager O’Neal responded that he needed to know if the Board wanted to proceed with moving the 911 Center and EOC to MarketPlace Mall. He also noted that in discussion with the City Manager, it appears that the City has an interest in purchasing the County Administration Building. Commissioner Boseman stated that she was not ready to move from the downtown area. She suggested exploring the possibility of demolishing the LEC with the underground parking space remaining intact and reviewing the offer made by Mr. Gene Merritt. County Manager O’Neal advised that Staff was at a crossroads regarding the use of the LEC and the building to be constructed at MarketPlace Mall to accommodate the functions of the 911 Center and EOC. He also noted that the Sheriff is interested in moving the Administration Unit to the new Jail and stated that Staff needs direction. Commissioner Boseman advised that she was not willing to spend money to relocate the Sheriff to the new Jail and stated that she did not have a problem with the Sheriff Administration being relocated if the Sheriff had sufficient funds in the department’s budget to pay for the additional space. Chairman Davis asked when the decisions needed to be made. County Manager O’Neal advised that a decision should be made as soon as possible on the relocation of the 911 Center and EOC because the County has already contracted with the architects to provide the building. Commissioner Caster advised that discussion on the use of the LEC is premature and suggested holding a Work Session to thoroughly discuss and review any options presented. He stated that since money had already been spent on the design of the new building at MarketPlace Mall, he felt the Board should make a decision. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to direct Staff to move forward with relocating the 911 Center and Emergency Operations Center to MarketPlace Mall as previously approved. Commissioner Pritchett referenced the study conducted by Freemen White and stated that the first option was to renovate the space for the court holding area and the Magistrate’s Office, utilize the Sheriff’s area for offices related to courts and/or jail, move the 911 Center and Emergency Management, and repair or replace the remainder of the building only to handle safety threats. If this option is followed, the cost of renovating the building for these uses would be less than $500,000. Project Engineer Thompson advised that in 2002 Freeman White was requested to assess the LEC to determine the problems that would have to be corrected. At that time, a budget of $2 million had been established and when the report was received from Freeman White, it found that $2 million would not come close to correcting the problems in the building. Commissioner Pritchett advised that she was not opposed to relocating the 911 Center and EOC. She expressed concern for not looking at all possible options for use of the LEC and stated that many County departments, such as some divisions within the Health Department, need additional space. She stressed the importance of reviewing these types of space needs when deciding on how to use the LEC. Hearing no further comments Chairman Davis called for a vote on the motion to move forward with relocating the 911 Center and EOC to MarketPlace Mall as previously agreed upon. Upon vote, the MOTION CARRIED 3 to 2. Commissioner Boseman and Chairman Davis voted in opposition. CONSIDERATION OF FUTURE USE OF THE LAW ENFORCEMENT CENTER (LEC) Chairman Davis advised that since the Thursday Staff Meeting, he had contacted Pastor Mike Queen and Associate Pastor Jim Everett of First Baptist Church and stated they are interested in discussing the possibility of the Church and County developing some use for the site. He informed the Board that he would be meeting with Pastor Queen to discuss some options. Commissioner Caster suggested holding a Work Session in the future to discuss the options with all interested parties being invited. Vice-Chairman Greer suggested taking advantage of the free offer made by Mr. Gene Merritt to conduct a space usage analysis for the LEC, create a schematic floor plan for a new or newly renovated building with an exterior artistic rendering, and discuss the proposed option with all interested parties. Chairman Davis advised that he was appreciative of Mr. Merritt making the offer but stated after reviewing the document, he wanted to comment on the following issues: •Why should the County have an outside consultant to conduct this type of space study when the County has qualified members of Staff that can perform the analysis. •How will the public feel about allowing a person who wanted to purchase the LEC to conduct a study for the use of the building. •Once the study is completed in six months and a recommendation is made by Mr. Merritt, who has spent time NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 807 and expenses on the study, it will be difficult for the Board not to use the person who performed the study. Vice-Chairman Greer noted that the County does not have an architect on staff and stated to receive a free offer to provide these services should be considered by the Board. He also stated that the public may not like the idea of the Chairman discussing options for use of the LEC with First Baptist Church when a majority of the Commissioners voted to accept a contract from the Church to purchase the LEC which was not honored or fulfilled. Chairman Davis responded that the Board could argue forever about whether the County had a contract with First Baptist Church and stated that he would not close the door to any interested party. Vice-Chairman Greer informed Chairman Davis that he had just closed the door on Mr. Merritt’s offer. Chairman Davis responded that if a majority of the Board vote to accept the offer from Mr. Merritt, he would not have a problem. Commissioner Pritchett stated that this issue could be discussed by the Board for months and she suggested appointing a Study Committee comprised of representatives from the City and other organizations to study options for use of the LEC with a report to be presented to the Commissioners by the first of the year. Commissioner Caster suggested using Staff or hiring a consultant to thoroughly review how the LEC could be used. County Manager O’Neal advised that Staff will prepare a presentation on each component and option for use of the LEC and present a report by the first of the year. He requested the Board to authorize him to further discuss utilization of space with the City Manager to better clarify some of the outstanding issues with the City. He also noted that Pastor Queen is interested in being included in the process. Chairman Davis advised that currently there are three entities interested in the LEC, the Judges, First Baptist Church, and the City. He encouraged each member of the Board to talk to people who might be interested in using the LEC. County Manager O’Neal advised that he would keep the Board updated on the progress made by Staff. Discussion was held on the request by the Sheriff to move the Administration Unit to the new Jail. Vice- Chairman Greer noted that the Sheriff has indicated that he does not need the holding space in the LEC and stated that it will cost the County $368,000 annually for maintenance, repairs, housekeeping and insurance to keep building open. Chairman Davis requested Sheriff Causey to comment on his request to move the Administration Unit to the new jail. Sheriff Causey reported that his original response to agree to remain in the LEC was an effort to cooperate with the County; however, after realizing that 300 staff members and 648 inmates will be located in the new Jail, he felt it was necessary for him to be in the same location. He informed the Board that the Sheriff’s Department could contribute to the cost of the new space at the Jail from money received from drug funds. This would relieve the burden on the taxpayers and the new Jail would be a permanent location for the Sheriff’s Department. In closing, Sheriff Causey advised that operating a jail in the LEC would be extremely expensive because of medical expenses, food and personnel, which will cost approximately $3.5 million per year. If the 209 jail cells in the LEC are filled every day with federal prisoners and prisoners from other counties at a rate of $51 per day, the revenue generated annually would be $3.8 million which does not include the expense of hospital stays for inmates and the liability cost. Vice-Chairman Greer advised that the space needs at the new Jail for the Administrative Unit is 3,000 square feet at a cost ranging from $300,000 to $375,000 and the Sheriff has agreed to pay $150,000 from drug funds. Hearing no further comments, Chairman Davis requested direction from the Board. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to move forward with relocating the Sheriff’s Administration Offices to the new Jail. Upon vote, the MOTION CARRIED 3 to 2. Chairman Davis and Commissioner Boseman voted in opposition. The Board also directed the County Manager to present a report on recommendations for use of the LEC by January 1, 2004. COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Chairman Davis announced that up to four vacancies needed to be filled on the Adult Care Home Community Advisory Committee. He reported that two applications were received with one applicant, Deborah D. Maxwell, eligible for reappointment. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint Deborah D. Maxwell to serve a three-year term on the Adult Care Home Community Advisory Committee with the term to expire on October 31, 2006 and appoint Christopher H. Walker to serve an initial one-year term with the term to expire October 31, 2004. Upon vote, the motion CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 808 Chairman Davis requested the Clerk to the Board to notify Deborah Maxwell and Christopher Walker of their appointments. Appointments to the Board of Examiners of Electricians Chairman Davis reported that the Clerk to the Board was directed at the last meeting to contact both members whose terms had expired on the Board of Examiners of Electricians to be sure that both members were interested in serving a third term. The Clerk has reported that both members are still interested in reappointment. He advised that the Board has decided to draw names and he requested Vice-Chairman Greer to select one of the two names in the cup. Vice-Chairman Greer drew the name of Mr. James B. Steele and the Board voted unanimously to appoint Mr. Steele to serve a third term on the Board of Examiners of Electricians with the term to expire September 1, 2005. Chairman Davis requested the Clerk to the Board to notify Mr. Steele that he had been reappointed to serve a third term. Appointment to the Risk Management Advisory Committee Chairman Davis announced that one vacancy existed on the Risk Management Advisory Committee as a result of the resignation of Harvey R. Molloy and stated that one application had been received in the name of Charlotte S. Hicks. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to appoint Charlotte S. Hicks to fill the unexpired term on the Risk Management Advisory Committee with the term to expire September 1, 2005. Upon vote, the motion CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis recessed from Regular Session to hold a meeting of the New Hanover County Water and Sewer District at 1:30 p.m. Chairman Davis reconvened to Regular Session at 1:55 p.m. ADDITIONAL ITEMS NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. . No items were presented ADDITIONAL ITEMS Withdrawal of Additional Item Pertaining to FEMA Funds Received by New Hanover County for Hurricane Isabel County Manager O’Neal requested the Board to withdraw the additional item because time is needed for Staff to investigate the possibility of redirecting this money to the General Assistance Account of the Department of Social Services. Consensus: After discussion, it was the consensus of the Board to withdraw this item as requested by the County Manager. Additional Items Presented by Commissioner Pritchett The following items were presented by Commissioner Pritchett: •It was announced at the Human Relations Commission meeting that New Hanover County now has contracts with the EOC and HUD and is the only county in the State with two contracts. •The Risk Free Program at Forest Hills Elementary School was a success and the fire educational program presented by the County Fire Service was enjoyed by the children, particularly when having an opportunity to climb on the fire truck. •The new “How Things Work” program at the Cape Fear Museum was interesting and a great way for adults to become a child again. She presented an application to each Commissioner and requested them to support the Museum Associates by becoming a member. •The High Steppers, a tap dance group of senior citizens, are going to Las Vegas in November to perform at the Ms. Senior USA Pageant. This is an outstanding group of performers. •The household hazardous waste collection will be held on Saturday, November 15, 2003, from 9:00 a.m. until 3:00 p.m. at the unpaved lot next to Trask Coliseum at UNCW. There is a need for volunteers and any person interested should call Mary Ann Metcalf, Extension Service Urban Forest Agent at the Cooperative Extension Service. Additional Items Presented by Chairman Davis The following items were presented by Chairman Davis: •Chairman Davis advised that Planning Director Hayes had written a letter of response to questions asked by Dr. Robert W. Wilson, President of the Archmil Homeowners Association, and asked County Manager O’Neal if the letter had satisfactorily addressed the issues of concern presented by Dr. Wilson at the last Board meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 809 County Manager O’Neal advised that he had not seen the letter and stated that he would be sure the responses were satisfactory. •Chairman Davis referenced a letter addressed to Mayor Harper Peterson concerning drivers using Covil Farm Road to gain access to Military Cut-Off Road and daily commuters failing to adhere to the speed limit and traffic lights in Gorham Plantation. He requested County Manager O’Neal to see if the County can be of any assistance. Additional Items Presented by Commissioner Caster The following items were presented by Commissioner Caster: •Commissioner Caster presented a copy of an ad in the Star News thanking organizations for their participation with United Way and noted that New Hanover County had a 17% growth in its annual contribution. He expressed appreciation to Director of Social Services LaVaughn Nesmith for chairing the County’s campaign. •Commissioner Caster advised that Mayor Ray Rothrock sent an email to the Commissioners about the problems with the 800MHz at the southern end of the County and stated that he forwarded the email to County Manager O’Neal and Emergency Management Director Warren Lee for their review. •Commissioner Caster reported on attending a Port, Waterway and Beach Commission meeting and a North Carolina Shore and Beach Preservation meeting and stated that an effort will be made to develop a strategic plan for beach renourishment in New Hanover County since some of the programs will end in ten years. He also noted that discussion was also held on the serious erosion occurring along the Intracoastal Waterway at Snow’s Cut. The River Road Park has lost a considerable amount of the waterfront shoreline. A study of this area will cost $300,000 to determine what approach to take, and the projected cost of controlling the erosion problem is $12,000,000. •Commissioner Caster referenced the letter from Mr. Thomas L. Bennett, the Resident Agent in Charge of the Office of Law Enforcement of the U. S. Fish and Wildlife Service in Raleigh, N. C. in response to the Chairman’s letter and stated that the problems at the north end of Carolina Beach will have to be addressed. Additional Items Presented by Commissioner Boseman The following items were presented by Commissioner Boseman: •Commissioner Boseman reported she worked with the N. C. Department of Transportation two years ago to lower the speed limit on Covil Farm Road. The NCDOT was not able to lower the speed limit but DOT did find discretionary funds to install sidewalks along the road to protect the pedestrians. The residents refused to have sidewalks in their front yards. •Commissioner Boseman requested information on the meeting held at UNCW about seeking a grant to send local businesses to Mexico. County Manager O’Neal responded that he and Deputy County Manager Atkinson met with two professors at UNCW to see if some type of relationship can be developed with a community in Mexico to better understand the differences in cultures. The advantage to New Hanover County would be to better understand the Latino culture since the population is growing in our county and adjacent counties. Commissioner Pritchett suggested using the Sister City International Program instead of trying to reinvent the wheel. Presentation by Mr. Steve Smith, Director of Public Safety Communications Mr. Steve Smith, Director of Public Safety Communications, reported that during his active service as a member of the National Guard, he found a Certificate of Appreciation to employers who supported the National Guard and Reserve. He presented a certificate to the Board of County Commissioners that reads as follows: The New Hanover County Board of Commissioners is a patriotic employer who contributed to the national security and protection of liberty and freedom by supporting employee participation in America’s National Guard and Reserve Force. Chairman Davis on behalf of the Board expressed appreciation to Mr. Smith for the Certificate of Appreciation. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION Chairman Davis reported that a Closed Session has been requested by the County Attorney to consult with the attorney regarding a matter of litigation pursuant to N.C.G.S. 143-318.11(a)(3). He requested all persons to leave the room that were not associated with the Closed Session. Commissioner Boseman requested to be recused from the Closed Session because of a personal conflict of interest. Chairman Davis called for a motion to recuse Commissioner Boseman from the Closed Session. Motion: Commissioner Caster MOVED, SECONDED BY Vice-Chairman Greer, to recuse Commissioner Boseman from the Closed Session because of a personal conflict. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis called for a motion to convene to Closed Session. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to convene to Closed Session for the stated purpose. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 29 REGULAR MEETING, OCTOBER 20, 2003PAGE 810 Chairman Davis convened from Regular Session to Closed Session at 2:10 p.m. Chairman Davis reconvened from Closed Session to Regular Session at 3:30 p.m. and reported that in Closed Session no action was taken by the Board. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 3:33 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board