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2002-02-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 54 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 18, 2002, 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. INVOCATION AND PLEDGE OF ALLEGIANCE Associate Pastor Kenny McAllister, The Rock Church of Wilmington, gave the invocation. Commissioner Nancy H. 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. Chairman Davis requested removal of Items 2, 8, and 12 for discussion. Commissioner Pritchett referenced the fact that when the resolution was adopted on February 4, 2002, in th recognition of the Wilmington Bengals Pop Warner Football Team finishing 6 in the National Championship in th Orlando, Florida, she heard one of the team members say that the team finished 4 in the National Championship. She requested the Clerk to the Board to check into this matter and revise the resolution and minutes if necessary. Clerk to the Board Lucie F. Harrell responded that she would be glad to check with the coach of the team and make the appropriate changes. Chairman Davis called for a motion to approve the Consent Agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to remove Items 2, 8, and 12 for further discussion and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board: Regular MeetingFebruary 4, 2002 Solid Waste Work SessionDecember 17, 2001 Release of Values - Tax Department The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers: Giacoman, Phyllis Ann$20,000 Hayes, William L. Sr.$20,000 Herring, Robert$20,000 James, Daphine$20,000 The Commissioners approved release from late listing penalties for the following taxpayers as this was their first offense or they certified they mailed their listing on time: Brady, Robert G.$ 86.77 Colonial Village$ 321.05 Harvest Moon, Inc.$ 153.29 Holmberg, Centre Jr.$ 53.27 Mime, Inc. d/b/a Mahattan Bagel$ 83.87 Nesselroade, John W.$ 42.82 Reinmann, Paul F.$ 10.97 Short, Roy W.$ 131.66 Sticky Fingers of Wilmington$2,891.25 Walker, Sharon K.$ 4.47 Withers, Terry Susan C.$ 10.88 Release of Delinquent Tax Charges Barred by N.C.G.S. 105-378 The Commissioners released the following delinquent tax charges from 1991 pursuant to N.C.G.S. 105-378, which does not allow forced collection of any taxes after ten years from the date due: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 55 New Hanover County $168,024.06 Fire District $ 2,423.35 City of Wilmington $ 55,052.90 City of Wilmington License Tax $ 11,821.08 Wrightsville Beach $ 3,765.19 Carolina Beach $ 6,165.33 Kure Beach $ 737.51 Total $ 247,989.42 Authorization to Publish Advertisement of Tax Liens on Real Property Pursuant to N.C.G.S. 105-369, the Commissioners, authorized the Tax Administrator to publish all unpaid real estate taxes for 2001 in the Wilmington Morning Star on April 3, 2002. All unpaid real estate accounts must be paid by 5:00 p.m. on Monday, March 25, 2002, to avoid having names published in the paper. The outstanding amounts as of January 31, 2002 are as follows: Governing JurisdictionDelinquent Taxes New Hanover County $5,720,277.98 New Hanover Co. Fire District $ 137,530.95 City of Wilmington $2,032,278.84 Town of Wrightsville Beach $ 60,946.66 Town of Carolina Beach$ 224,955.64 Town of Kure Beach $ 49,898.91 Total - All Jurisdictions $ 8,225,888.98 Acceptance of Tax Collection Reports Through January 31, 2002 The Commissioners accepted the following Tax Collection Reports through January 31, 2002, as submitted by the Collector of the Revenue, Patricia J. Raynor: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVII, Page 15.10. Acceptance of N. C. Division of Emergency Management Mini-Grant For Emergency Operations Center Enhancement The Commissioners accepted a mini-grant up to $5,000 from the North Carolina Division of Emergency Management for enhancement of the New Hanover County Emergency Operations Center (EOC). If awarded by the State, equipment must first be purchased by the County with reimbursement from the State to the County based on the designated award. Audio visual equipment will be proposed to enhance the EOC messaging system. Adoption of Resolution Relating to the Sale of Surplus Property Owned Jointly by the City of Wilmington and New Hanover County Located at 917 North 5th Street The Commissioners adopted a resolution to accept the offer submitted by Mr. Morris Massey in the amount th of $2,240 to purchase surplus property owned by the City and County located at 917 North 5 Street, Wilmington, N.C. The property has a current tax value of $3,105, and the offer will be duly advertised for upset bid. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 15.11. Authorization to File a Grant Application to the Criminal Justice Partnership Program (CJPP) for FY 2002-2003 The Commissioners authorized the filing of a grant application in the amount of $155,836 to the Criminal Justice Partnership Program to cover the cost of the County Pretrial Release Program and the Day Sentencing Program. No County match is required. The Deputy County Manager was authorized to sign for acceptance of the grant. Approval of Funding to Assist the Greater Wilmington Chamber of Commerce to Sponsor a Dinner for the N. C. Department of Transportation Board The Commissioners approved $1,500 from the contingency account to join with the Chamber of Commerce, City of Wilmington, and beach communities to sponsor a dinner for the N. C. Department of Transportation Board on Wednesday March 6, 2002, in conjunction with the presentation of the County’s transportation needs to be made to the NCDOT Board on March 7, 2002. Approval of Budget Amendment #02-0134-Public Health/School Health The Commissioners approved the following budget amendment: AdjustmentDebitCredit Contributions From Schools $7,926 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 56 Salaries and Wages$6,531 Social Security Taxes 486 Medical Insurance Expense 835 Employee Reimbursement/Uniforms 74 Explanation: To budget an additional one-half time nurse starting March 2002 for an elementary school with extensive health service demands. The addition of the one-half time nurse will provide a full-time nurse at the school. The New Hanover County School System will fund the request from its budget. Approval of Budget Amendment #02-0135-Social Services/Administration/Crisis Intervention Program The Commissioners approved the following budget amendment: AdjustmentDebitCredit Administration: DSS Admin. Grants$89,092 Crisis Intervention Program: Assistance Payments$89,092 Explanation: To budget additional federal dollars for the Crisis Intervention Program. No County dollars are required. DISCUSSION OF CONSENT AGENDA ITEM 2, AWARD OF BID #02-0261 TO CARSWELL BUSINESS SYSTEMS TO PURCHASE FURNITURE FOR THE LIBRARY RENOVATION PROJECT Chairman Davis noted that he removed this item from the Consent Agenda because the list of bidders had just been presented to the Board. He asked if any members of the Board would like to comment. Commissioner Pritchett asked if the furniture for the Library renovation project was within budget. County Manager O’Neal apologized for not knowing the exact figures and requested deferring action on this item until he could secure the actual figures. DISCUSSION OF CONSENT AGENDA ITEM 8, ADOPTION OF RESOLUTION TO MAINTAIN CURRENT ALCOHOLIC BEVERAGE CONTROL COMMISSION SYSTEM Chairman Davis advised when adopting the proposed resolution, the Board of County Commissioners can use one of the following options as wording for Paragraph 3 of the resolution: Option I. WHEREAS, the New Hanover County ABC Board generates substantial revenue for New Hanover County and contributed in the year ended June 30, 2001, $820,542 to its general fund; $35,742 alcohol education and the rehabilitation; and $169,289 for alcohol law enforcement. Option II. WHEREAS, the New Hanover County ABC Board generates substantial revenue for the general fund(s) for New Hanover County and contributes substantial funds for alcohol education and rehabilitation and alcohol law enforcement. Chairman Davis requested direction from the Board. rd Vice-Chairman Greer spoke on not using either alternative and suggested changing the 3 paragraph to include the municipalities within the County because all local governments receive approximately $2.9 million. County Manager O’Neal noted that the distribution from the ABC Board to the County and municipalities is not $2.9 million. He explained that a portion of the $2.9 million profit is retained by the ABC Board with the remaining amount distributed to the County and municipalities. After further discussion of the distribution, Commissioner Caster suggested using Option II adding the following language: WHEREAS, the New Hanover County ABC Board generates substantial revenue for the general fund(s) for and the municipalities New Hanover County and contributes substantial funds for alcohol education and rehabilitation, and alcohol law enforcement. Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution using Option II for Paragraph 3 as revised by Commissioner Caster. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the revised resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 15.12. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 57 DISCUSSION OF CONSENT AGENDA ITEM 12, AUTHORIZATION FOR THE COUNTY MANAGER TO ACCEPT THE LOW BID FOR THE AIRLIE GARDENS WATERFRONT ACCESS PROJECT Chairman Davisnoted that he removed this item because of confusion about the cost of the waterfront access project. He advised that CAMA provided the original grant in the amount of $56,250 in 1999 to be used for a waterfront access project at Airlie Gardens. On the agenda sheet, there is reference to a contribution of $9,375 that has already been included in the budget for Airlie Gardens. Chairman Davis asked Airlie Gardens Director Thomas Herrera-Mishler to explain the contribution and grant deadline. Director Herrera-Mishler explained that a County match was required in the amount of $9,375 when the original 1999 grant was awarded, and this amount has already been budgeted. In order to comply to the March 2002 grant deadline, the bids have to be awarded for use of the $56,250 grant; therefore, it is necessary to receive approval by the Board of County Commissioners to authorize the County Manager to sign the contract with the lowest qualified bidder when bids are received and opened on February 20, 2002. Chairman Davis asked if any member of the Board would like to comment. After hearing no comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to authorize the County Manager to sign the necessary contract documents with the lowest qualified bidder for the water access project, to be known as the Bradley Creek Overlook at Airlie Gardens. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA ITEM 2, ADOPTION OF RESOLUTION TO AWARD BID TO CARSWELL BUSINESS SYSTEMS FOR PURCHASE OF FURNITURE FOR THE LIBRARY RENOVATION PROJECT County Manager O’Neal advised that the budget for the purchase of furniture at the Library was $300,000; therefore, the low bid of $176,785.88 is well within the project budget. Chairman Davis called for a motion to award the bid. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a resolution awarding Bid #02-0261 and Contract #02-0261 to Carswell Business Systems, the lowest responsible bidder, in the amount of $176,785.88 to purchase furniture for the Library renovation project and 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 XXVII, Page 15.13. A copy of the contract is on file in the Legal Department. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS: County Manager O’Neal requested the following employees to step forward to receive service awards: Robert L. Billings, Inspections Department 5 years of service David Styers, Inspections Department 5 years of service James S. Craig, Engineering Department15 years of service Anne N. Colvard, Social Services15 years of service Brenda K. Hewlett, 911 Center20 years of service Nancy H. Moore, 911 Center20 years of service Liz Schulz, Social Services30 years of service On behalf of the Board, Chairman Davis presented a service award to each employee and expressed appreciation to them 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: Glen Shoemaker, Health Department Michelle Masson, Health Department Diana Passyn, Information Technology T. C. Tatum, Information Technology Robert Uzzell, 911 Center Evan Luther, Sheriff’s Department Jean Roesink, Sheriff’s Department Rhonda Nealey, Health Department On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover County government and wished them well in their new positions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 58 PRESENTATION OF NEW HANOVER HUMAN RELATIONS ANNUAL REPORT Human Relations Director, Carl A. Byrd, Sr., reported that the Board had already received the 2001 Annual Report of the Human Relations Commission outlining the accomplishments for that year. He expressed appreciation to the Board of County Commissioners for past and continued support of the Human Relations Commission, and he thanked Commissioner Pritchett for her service as a Commissioner representative on the Commission. Mr. Anthony Gentile, Jr., Chairman of the Human Relations Commission, reported that he was pleased with the many accomplishments and strides made by the Human Relations Commission in 2001, which demonstrates the dedicated effort given by Director Carl Byrd and Staff. He requested the Board to continue to support the Human Relations Commission during a difficult budget year and pointed out that only three counties in the State of North Carolina have a Human Relations Commission with jurisdictional powers. New Hanover County is one of the three counties that continues to assist individuals and businesses with complaints about fair housing, discrimination, disability issues and sexual harassment. The Commission also provides educational seminars to businesses on how to avoid sexual harassment and discrimination. A tremendous amount of time is saved for people because they do not have to travel to Raleigh, N.C. or Atlanta, Georgia, to file complaints or receive assistance. In concluding his remarks, Mr. Gentile expressed appreciation to the Board of County Commissioners for past and present support of the Human Relations Commission. On behalf of the Board, Chairman Davis expressed appreciation to Director Byrd, Mr. Gentile, and Staff for the services provided to the citizens and businesses of New Hanover County. PRESENTATION OF COUNTY AUDIT FOR FISCAL YEAR 2000-2001 Finance Director Bruce Shell presented the following summary of the FY 2000-2001 Comprehensive Annual Financial Report: General Fund Analysis of Revenues: Total revenues and other financing sources increased $16.9 million to a total of $188 million for FY 2000-2001 representing an increase of 9.87%. The $8.8 million increase in taxes was due entirely to the increase in property tax revenue. As required by State Law, the County revalued real residential and business property effective FY 1999-2000 in which the total County assessed value increased from $10.56 to $15.44 billion, or 46%. In addition, the tax rate for FY 2000-2001 increased from 61 to 69 cents per hundred dollars of property value. The $1.7 million decrease in intergovernmental revenues is due primarily to hurricane related activities for FY 2000-2001. Charges for services increased by 6.32% primarily due to increased activity in inspection fees, improved collections in Animal Control, and increased real property transactions at the Register of Deeds Office. The $8.6 million increase in installment debt financing was due to proceeds utilized for the refinancing of debt originally incurred for the purchase of Airlie Gardens. The following revenue figures were presented: Total Budgeted Amount$198,803,160 Actual Amount Received$188,292,813 The following percentage breakdowns of general fund revenues were presented: Taxes70% Intergovernmental Revenues19% Installment Debt Proceeds 5% Charges for Service 3% Miscellaneous 2% Transfers In 1% General Analysis of Expenditures: Total expenditures and other financing uses increased 8.72% over the previous year. General fund employees increased by 5.36% and the gross payroll increased by 9.24%. This was due to a 3.5% market adjustment and the January 23, 2001, implementation of a new pay and classification plan. The general government increase of 5.89% was due primarily to salary adjustments. The $3.3 million increase in human services was the result of pay and classification increase; increases in the County transportation system for van purchases and operations; and increased contributions to mental health. The $2.9 decrease in public safety was due to decreases in expenditures for hurricane related activities that were unusually high in FY 1999-2000. Education increased by $.25 million due to increased contributions to Cape Fear Community College. The debt service increase of $11.4 million consists of a one-time payment of $10.2 million to refinance Airlie Gardens debt and increased interest expenditures on debt issued for the construction of the Jail complex and Judicial Building expansion. Operating transfers increased $1.4 million due to increases to New Hanover County Schools. The following expenditure figures were presented: Total Budgeted Amount$198,803,160 Actual Expenditures$189,281,932 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 59 The following percentage breakdowns of general fund expenditures were presented: Transfers (Schools)33% Human Services28% Public Safety14% Debt Service10% General Government 9% Cultural & Recreation 4% Education 2% Fund Balance - General Fund: The County is aware of the importance of a strong fund balance and is committed to its goal of holding at least a margin of two months operating expenditures representing a fund balance of 16.67%. The fund balance is $11.2%. To help ensure meeting the goal for the current fiscal year ending June 30, 2002, the County Commissioners appropriated no fund balance in the adopted budget. In addition, the County has instituted measures in FY 2001-2002 to reduce the size of government over time. The State minimum standard for the fund balance is 8%. Capital Projects: The County managed over 30 capital projects during the year with the largest activity occurring in the community college and schools. Expenditures for FY 2000-2001 totaled $83,435,774. The primary sources of financing are general obligation bonds and installment loan proceeds. The following chart illustrates the expenditure mix for the capital projects: Public Schools60% Law Enforcement 10% Cape Fear Community College 9% Parks 6% Facility Renovations 5% Other 4% Hazard Mitigation 3% Beach Sewer 3% Long-Term Debt Summary: The County takes a progressive position in the area of debt. All large capital purchases are evaluated and items with an extended life are generally financed through general obligation debt or short-term installment financing. The County issued $42 million in school bonds plus $21 million in Environmental Management and $17 million in water and sewer debt. Major Initiatives Encountered During the Past Year: •Fund Balance: The decrease in the fund balance was due to the number of capital projects. No fund balance was appropriated in the fiscal year. •General Obligation Bond Issues: Out of the $42 million school bond issue, $14 million of schools bonds have not been issued and $14.3 million of community college bonds have not been issued. These bonds should be issued in FY 2001-2002. •Northeast Branch Library: This facility has been completed. •The Judicial Expansion, new Jail Facility, and parking deck next to the Library are on-going projects. •Government Accounting Standards Board Statement No. 34 (GASB 34): This will be a major issue facing local and state governments. It is similar to Y2K in that it changes the method of financial reporting. The statements will change and there will be adjustment periods where the Commissioners will be informed about the differences in financial reporting. Future Priorities: •Fund Balance: The top priority is to increase the fund balance to the County’s goal of 16.67%, which will take a number of years. •GASB 34: This financial reporting will impact the current fiscal year and the Board will see the differences in reporting. This change will require a tremendous amount of work. In summary, New Hanover County remains financially strong with an 11.2% undesignated fund balance. The cash flow is still strong and the tax base continues to increase. There are indications that the sales tax will begin to increase, and the County continues to maintain double A bond ratings. The County is struggling with a down turn in the economy, and a delay in reimbursements from the State. Mr. Sam Rose, representing McGladrey and Pullen, LLP, presented a summary of the audit for the fiscal year ended June 30, 2001. The letter of transmittal is contained in the Comprehensive Annual Financial Report and was received by the Board in December. The financial statements and graphs fairly present the financial position of New Hanover County, and there were no reportable findings with grants audited. There were some minor recommendations, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 60 one of which is for the County to implement a 5-year plan to build the fund balance up to 16.67%. The Board of County Commissioners will have to decide if this plan should be implemented. In closing, Mr. Rose offered to answer questions and requested any member of the Board to contact him about any concerns in the audit process. Vice-Chairman Greer referenced a letter received from Mr. Tim Romocki from the North Carolina Department of State Treasurer regarding corrective actions in certain areas of the Environmental Management Fund. The deficit retained earnings have increased over the last two years changing from a positive $2,034,879 at June 30, 1999 to a negative $6,692,820 at June 30, 2001. Revenues for 2001 have increased by only .7% from 1999 levels while expenditures have increased by 26% for the same period. Vice-Chairman Greer noted that Mr. Romocki has requested a response from the Chairman and he would like for the County to respond. Vice-Chairman Greer noted that since the Board will be holding a Special Meeting this afternoon to discuss solid waste disposal and the shortfall in the Environmental Management Fund, it is important for the Board to understand the corrective actions needed. Finance Director Bruce Shell explained that the Finance Department uses two financial reporting methods to track the results of operation: (1) the full accrual financial reporting basis; and (2) the modified reporting basis which tracks the money received, the money expended and the available fund balance. These methods of accounting are different, and the Local Government Commission is responding to changes that have been made in the lives of assets in the Environmental Management Fund, which generated a large amount of depreciation expense that drove the retained earnings into a negative figure because this is a non-cash adjustment. Staff is taking this matter seriously, and the letter to be written should be in response to the depreciation adjustment. The revenues in the Environmental Management Fund have not increased dramatically because of limitations on the amount of the tipping fee. From an expenditure standpoint, these expenses have remained fairly constant with the exception of the past two fiscal years because of fairly significant capital outlay costs. There was a negative $6.6 million retained earnings on a full accrual with a positive $2.9 million fund balance on a modified accrual. The reconciliation between these figures is cell closure and depreciation. Mr. Rose informed the Board that letters of this type are not unusual. The State and Local Government Finance Division and Local Government Commission perform an excellent job of analyzing financial statements for all counties, towns, cities, and authorities in the State of North Carolina. This office writes about issues of concern and a response should be forwarded by the Chairman of the Board. Discussion was held on Senate Bill 166 enacted by the N. C. General Assembly to appoint a Legislative Alcoholic Beverage Control Study Commission to study privatizing alcoholic beverage sales. Chairman Davis asked if revenue being received through the sale of alcohol and distributed to counties and municipalities will be lost. County Manager O’Neal responded that currently there is speculation that counties and municipalities will receive less revenue; however, enforcement of ABC laws is another concern. The Sheriff’s Department is extremely concerned about the ABC Board not being a public agency because it will be difficult to acquire the information needed to enforce the laws. Chairman Davis spoke on this being another action taken by the State that will eliminate or reduce a stream of revenue that counties and municipalities have depended on for years. This action only makes the budget process more difficult. After hearing no further comments, Chairman Davis expressed appreciation to Finance Director Shell and Mr. Rose for the presentation. Commissioner Pritchett expressed appreciation to Mr. Rose, Finance Director Shell and Staff for an excellent job in presenting and preparing the Comprehensive Annual Financial Report. ADOPTION OF RESOLUTION IN SUPPORT OF REQUEST TO PLACE HISTORIC MARKER FOR WILMINGTON COLLEGE AT THIRTEENTH & MARKET STREETS Mr. Jim Medlin, representing the Wilmington College Chapter of the UNC-Wilmington Alumni Association, requested the Board to adopt a resolution of support for erection of a historic marker acknowledging the founding of Wilmington College in 1947. The College was located in the former Isaac Bear Elementary School Building located at Thirteenth and Market Streets. The marker will be placed at Thirteenth and Market Streets, and no County funds are being requested. Wilmington College is the only county sponsored college to become a part of the greater University of North Carolina System. He also advised that the Alumni Association was in the process of raising $25,000 for an endowment to establish a scholarship in the memory of Wilmington College in perpetuity, and he offered to accept individual donations from members of the Board. Chairman Davis requested Vice-Chairman Greer to read the resolution since he was an Alumni of Wilmington College. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 61 Chairman Greer informed Mr. Medlin that he had reworded the fourth paragraph with a few minor changes and he read the resolution as revised. Chairman Davis called for a vote on the revised resolution. Motion: Vice-Chairman Greer MOVED, SECONDED by Chairman Davis, to adopt the revised resolution in support of placing a historic markerat Thirteenth and Market Streets acknowledging the founding of Wilmington College in 1947. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the revised resolution is hereby incorporated a part of the minutes and is contained in Exhibit Book XXVII, Page 15.14. Mr. Medlin announced that he was recently elected President of the Council of Neighborhood Associations (CONA ), and he assured the Board that this organization would be respectful and courteous when addressing the Board of County Commissioners about issues of concern. ADOPTION OF A PROCLAMATION DESIGNATING MARCH 2002 AS AMERICAN RED CROSS MONTH IN NEW HANOVER COUNTY After noting that Mr. Dean Dimke, Executive Director of the Cape Fear Chapter of the American Red Cross, was not present, Chairman Davis read the proclamation into the record. rd Vice-Chairman Greer suggested changing the wording of first sentence in the 3 paragraph to read as follows: one of Whereas, the Red Cross is the nation’s premier humanitarian organizations....” Chairman Davis called for a vote on the revised proclamation. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the revised proclamation American Red Cross Month designating March 2002 as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes as is contained in Exhibit Book XXVII, Page 15.15. PRESENTATION OF REVISED MASTER PLAN FOR AIRLIE GARDENS Airlie Gardens Director Herrera-Mishler reported on the process involved with refining the Master Plan for Airlie Gardens. He stated that numerous meetings were held with the Facilities Committee whose members have worked long hours with consultants and staff to refine the Master Plan. He presented the following summary of the plan. Airlie Gardens is a valuable resource and it has potential to enhance the County’s economic development. The mission statement is to establish a world class historic garden with cultural and environmental education programs that serve the residents and visitors of New Hanover County. The goals of the Master Plan are: •Preserve and enhance the historic and ecological significance of the site. •Create a safe accessible and attractive visitor experience. •Provide the infrastructure needed to operate Airlie as a public garden. •Demonstrate sustainable development. •Provide for visitor education and horticultural training opportunities. Airlie Gardens contains a 300-foot conservation easement along Bradley Creek and 10 acres of fresh water lakes that provide an opportunity to allow for development in an ecological and environmental manner. The major objective is to provide visitor education and horticultural training opportunities. The conservation easement will be developed into the Bradley Creek Overlook funded by CAMA to create an interpretive trail for visitors and students to introduce them to the importance of the tidal creeks ecosystem. Bids for this project should be received on February 20, 2002, and the project should be completed by March 31, 2002. Airlie Gardens will primarily be a walking garden. This will be achieved by segregating internal pedestrian paths from both the vehicular roads that serve the main parking area and the entry/exit road connecting it to Airlie Road. Foot paths for pedestrian circulation to access garden features will be developed. Existing and new paths will be routed throughout the garden for a combination of service trails and pedestrian paths. No provisions will be made for cyclists or bicycles, and the garden will be physically accessible to all citizens. The design of all vehicular and pedestrian paths as well as buildings will conform to the Americans with Disabilities Act. The current vehicular circulation is through the middle of Airlie Gardens which is creating a potential conflict between visitors and automobiles. The plan is to improve access to Airlie Road from the entry and exit points by establishing a simple, easily managed admission procedure for visitors. There will be a provision for vehicular stacking space off Airlie Road at the ticket vending area. An“easy-out” vehicular option will be developed to allow people declining to purchase admission an easy exit with no intrusion to the parking area. An adequate turning radii for buses and tractor trailers will be provided at exit gates, and a plan of logistics for exit from the garden during major events will be developed. The historic ticket booth will be restored with development of a memorial garden to the left to celebrate the art and life of Minnie Evans. To the right of the ticket booth will be the Rain Garden. This garden should NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 62 be completed in the Spring and will be used as an outdoor classroom to teach students about the importance of the hydrosphere and using native plants to clean stormwater runoff before it flows into the Airlie lakes. The Showcase Garden is located near the existing entrance drive and is highly visible to all visitors. A new walking path will subdivide the garden into smaller plots that will be landscaped by different nurseries, landscape companies, plant societies, and garden clubs from the surrounding region. Each exhibition will be asked to interpret the centennial gardens theme in their own unique manner. Exhibitors will be selected competitively based on clearly developed criteria. Exhibitors will be required to submit a proposal and conceptual design that will be reviewed by a blue ribbon panel. An arbor and celebration plaza will be the focal point of the Showcase Garden. The Centennial Plaza will have individual pavers, which can be engraved as a memorial gift. A central large paver will be dedicated to mark the centennial. A large live oak will be planted nearby and dedicated to the Friends of Airlie. The gardens will be unveiled at the Swan Ball Gala, and gala patrons will have an opportunity to preview the beautifully lit display of the garden prior to their opening to the public for the season. A Gardens Services Center will be constructed that will include an equipment storage and service area, a fenced storage area, parking, restroom/changing room with lockers and shower, lunch room, administrative offices and a classroom. Currently, the maintenance facilities are located in the old stable buildings which are very vulnerable to flooding. The administrative offices are currently off-site. The new Garden Services Center will be located near the parking lot where current temporary storage operations exist. This location would have the least aesthetic impact on the historic garden areas and preserve the historic loop road around the garden. The site is relatively flat and measures will be taken to minimize any views of the facility from the visitors experience, including berming, landscaping, and minimum night lighting. The current irrigation system is completely outmoded and in need of constant repair. The irrigation system and valve house should be replaced and upgraded to allow centralized control with an efficient and flexible layout. The identification of the Airlie Road frontage will be comprised of brick columns, signage and plant material to connect the garden to Airlie Road for the length of the road frontage. There will be sufficient property between the security perimeter of the garden to the paved edge of Airlie Road. The existing fence will be used and set back from Airlie Road with the curved top turned inward. Once the landscaping is in place, the fence will not be highly visible; however, this fence will provide security to Airlie Gardens. The Bradley Creek Overlook, Showcase Garden, and Rain Garden have been paid by individuals and donations received from businesses. Staff will continue to seek this type of support for other projects. The following budget was presented for Phase I of the Airlie Gardens Master Plan: Site Utilities (sanitary sewer, water/fire main., electrical, misc.)$ 127,200 Fencing (security gates, fence at the Garden Services Center)$ 32,800 Buildings: (ticket, admin., public toilets, maintenance, greenhouses)$ 709,050 Roads/Parking/Paths (asphalt roadway, perimeter path, walking path)$ 268,309 Site Improvements (walkways, signage, garden benches & furniture)$ 130,000 Renovations (stables to be determined) -0- Garden Plantings (entry, Airlie Road, Main. Fac., pond, irrigation, misc.)$ 759,920 Lighting (roads, parking, and landscape lighting)$ 125,000 Total Cost$2,152,279 In concluding the presentation, Director Herrera-Mishler informed the Board that Phase I of the Master Plan is a five to ten year plan depending upon the availability of revenue sources. Phase I will create the infrastructure needed for the garden to become a paramount visitor attraction in the area. Once this infrastructure is completed, Airlie Gardens will be able to host 100,000 visitors per year at $4.00 ticket per which will provide enough revenue to cover projected operating expenses. Airlie Gardens is an investment in the local economy. Chairman Davis stressed the importance of the public understanding that the revised Master Plan is to be developed over a period of five to ten years. The Board is being requested to approve the Airlie Garden Master Plan, not the accompanying budget of $2,152,279. Not one cent will be spent for implementing any of the items in the Master Plan without approval by the Board of County Commissioners. Chairman Davis asked if any member of the Board would like to comment on the revised Airlie Gardens Master Plan. Commissioner Boseman complimented Director Herrera-Mishler for presenting an excellent plan and for being known as an excellent fund raiser. She wished him luck with his fund raising efforts. Director Herrera-Mishler responded that starting his new job on September 11, 2001, had already created a challenging fund raising environment; however, with a strong vision of developing an incredible resource, he is committed to providing the area with a world class historic garden. After hearing no further comments, Chairman Davis called for a motion to accept the plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 63 Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to accept the revised Airlie Gardens Master Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Pritchett complimented Director Herrera-Mishler on presenting a beautiful plan for Airlie Gardens and she encouraged him to say that he would accept all contributions and volunteers to assist with developing this unique historic garden. Director Herrera-Mishler expressed appreciation to Commissioner Pritchett for her remarks and stated that the local firm of Haden-Stanziale, PA, and Ms. Christine Leahy were major players in developing an outstanding plan for Airlie Gardens. On behalf of the Board, Chairman Davis expressed appreciation to Mr. Herrera-Mishler for an excellent and informative presentation. AUTHORIZATION FOR STAFF TO PROCEED WITH REQUESTS FOR QUALIFICATIONS AND ENGINEERING SERVICES AT AIRLIE GARDENS Director Thomas Herrera-Mishler reported that Staff would like to begin the process to obtain qualified architectural and engineering services for the different components of the Airlie Gardens Master Plan. After qualifications and proposals have been reviewed, Staff will bring all recommendations back to the Board of County Commissioners for approval. Chairman Davis asked if any costs would be associated with securing the requests for qualifications. County Manager O’Neal responded that no extra costs would be involved in securing requests for qualifications and engineering services. This is a five to ten year project; however, in order to carry out the plan, architectural and engineering services are needed to design the infrastructure. He also noted that a Selection Committee would be appointed to review the proposals received and stated if a Commissioner would like to serve on the committee to let him know. Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to authorize Staff to proceed with seeking requests for qualifications to provide architectural and engineering services for development of Airlie Gardens. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis again emphasized the fact that the Commissioners have not agreed to spend $2,152,279 on Airlie Gardens by accepting the plan or authorizing Staff to proceed with the requests for qualifications. BREAK Chairman Davis called a break from 10:30 A.M. until 10:40 A.M. PRESENTATION OF COUNTY PLAN TO ADDRESS WITHHOLDING OF STATE REVENUES IN CURRENT FISCAL YEAR County Manager O’Neal spoke on the Governor withholding State reimbursements to local governments during the current fiscal year and presented the following report on the funding shortfall in the County budget for the current year. REVENUES : Sales Tax: Based on receipts for the first quarter of the fiscal year and current economic conditions, it is projected that the sales tax will be $1.4 million under the amount budgeted for FY 2001-2002. Information on the County’s sales tax receipts for the October-December 2001 quarter will be received from the State within the next two weeks. The Board of County Commissioners will be informed of any change in this projection. Interest Income: Due to lower than anticipated interest rates, it is projected that interest income will be $1 million less than the amount budgeted for FY 2001-2002. State Reimbursements: On February 5, 2002, Governor Easley announced that he would withhold county reimbursements to help with the State budget shortfall. The impact of this action on New Hanover County is $1.4 million budgeted in the general fund that will not be received. With an already difficult budget process, this news coming so late in the current year will create a critical budget situation. EXPENDITURES Medicaid: The State has estimated that the FY 2001-2002 Medicaid expenditure for New Hanover County will exceed the amount budgeted by $400,000. To date, the New Hanover County Medicaid expenditure is within budget. In addition to funding $7.8 million in Medicaid expenses, the County will also fund $1.1 million in other entitlement programs. Overtime Expenditures: The FY 2001-2002 budget was adopted with reduced budgets for overtime. Departments NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 64 have made attempts to eliminate overtime whenever possible. Even with these actions, it is projected that the amount required for overtime county-wide will exceed the amount budgeted by $700,000. Efforts are being made to eliminate overtime through the remainder of the current fiscal year. Jail Health Expenditures: Current projections indicate that expenditures for jail health care will exceed the amount budgeted by $158,000. Expenditures vary depending on the number of inmates requiring medical care and the cost of care. This estimate may have to be adjusted. A lengthy discussion was held on the overtime in the Sheriff’s Department. Commissioner Boseman strongly objected to requesting the County Manager to resolve this issue and now being asked several months later to eliminate County positions. County Manager O’Neal spoke on the Sheriff being a constitutional position in the State of North Carolina and stated that a County Manager can recommend parameters but cannot interfere with the constitutional responsibilities of the Sheriff. The Sheriff has been cooperative in cutting costs and has eliminated training sessions and vacation leave for the remainder of the fiscal year. A great deal of this overtime occurred after the September 11 event because of threats and calls from the public that required a response from the Sheriff’s Department. Commissioner Caster asked if the entire $700,000 was spent in overtime by the Sheriff’s Department. Budget Director Cam Griffin responded that $700,000 was spent in overtime at the Sheriff’s Department. Commissioner Boseman again expressed concern for the overtime being spent before the September 11 event and stated with the financial condition of the County, the Sheriff should stay within budget. She suggested that the Sheriff eliminate positions from the Patrol Division since the City has annexed a large area that is no longer under the department. County Manager O’Neal continued his presentation by saying that the funding shortfall in this year’s budget is estimated at $5,058,000. In order to respond to this shortfall, the following actions need to be taken: Elimination of Positions: Since the beginning of the current fiscal year, all vacant positions have been reviewed for possible elimination. To date, 40 positions have been eliminated which will save approximately $1,248,542. There are still 23 positions comprised of filled, unfilled positions and temporary positions that will be eliminated if approved by the Board. The department heads will be informed of the 23 positions to be eliminated at the meeting scheduled for February 19, 2002. Reduction in Payments to Non-County Agencies: In FY 2001-2002, all non-county agencies were warned that funding might be reduced if the budget situation changed. It is recommended that funding to non-county agencies be reduced by 50% for the remainder of the fiscal year. This represents a savings of $200,000. Commissioner Boseman asked how one non-county agency was able to receive its full funding for FY 2001- 2002 when funding has been reduced to all other agencies. County Manager O’Neal responded that this particular agency had its audit and contract in place so the money could be disbursed. He explained that in order for a non-county agency to receive County funding, the required audit and contract must be submitted. Reduce Airlie Gardens Budget: The $200,000 contribution to the Airlie Gardens Foundation will be eliminated for FY 2001-2002 and the Airlie Gardens budget will be reduced by $100,000 representing a savings of $300,000. Reduce the Contribution to Schools: After meeting with Superintendent Morris and Finance Officer Mary Hazel Small to explain the current budget situation, the County plans to reduce its contribution to schools in the current fiscal year by $2 million. The Board of Education was encouraged to use $2 million of its $9 million fund balance to avoid a negative impact on the expenditure budget. Eliminate Balances in Certain Capital Projects: After a review of capital projects, budget balances can be transferred to the general fund from the following budgets without a significant impact on the projects: •Emergency Operations Center: A capital project for expanding the Emergency Operations Center was established in 1995. This project was not undertaken, and approximately $205,155 can be transferred into the general fund. The current needs for the Emergency Operations Center are being addressed by utilizing Law Enforcement capital project funds. •Veterans Park: Actual expenditures for the Veterans Park capital project were less than budgeted; therefore, $966,000 can be transferred into the general fund. •Soccer Complex: In January 2000, a capital project was established for a soccer complex in the Castle Hayne area that has never been undertaken. Approximately $138,303 can be transferred from this account into the general fund. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 65 Recommendations presented total $5,058,000 which is sufficient to address the budget shortfall in the current year. County Manager O’Neal concluded his presentation by saying that when the budget is estimated too conservatively for a fiscal year and changes occur that negatively impact the budget, a budget shortfall is experienced. However, some good news is that $1.2 million was received from FEMA for Hurricane Bonnie expenditures. The bad news is that the Department of Social Services will have to return $400,000 to the State for prior year auditing adjustments. Chairman Davis expressed appreciation to County Manager O’Neal and Budget Director Griffin for the presentation and stated that no member of this Board had the desire to eliminate County positions. FIRST MEETING OF THE NEW HANOVER COUNTY BOARD OF EQUALIZATION AND REVIEW SCHEDULED FOR MAY 6, 2002 New Hanover County Tax Administrator Bob Glasgow requested the Board to schedule a meeting of the Board of Equalization and Review on May 6, 2002, at 5:30 P.M. to receive a list of tax appeals and to schedule another meeting to hear the appeals. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Caster, to schedule the first meeting of the Board of Equalization and Review on May 6, 2002, at 5:30 P.M. to receive a list of tax appeals. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 11:30 A.M. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 11:49 A.M. APPROVAL OF CONTRACT #02-0246 AND INTERLOCAL AGREEMENT BETWEEN NEW HANOVER COUNTY AND KURE BEACH County Engineer Wyatt Blanchard reported that the Wilmington-Hanby Beach Water and Sewer project is completed except for minor punch-list items and pavement replacements. In the original contract with the Town of Kure Beach, an amount up to $132,000 was earmarked to resurface and repair streets that were torn up when installing water and sewer lines. Officials from the Town of Kure Beach would like to pave other streets and bid this project as a separate contract to include repairs and resurfacing of streets impacted by the County when installing water and sewer lines. After a review of this request, Staff recommends approval of the request. Vice-Chairman Greer stressed the importance of the public understanding that the Wilmington-Hanby Beach Water and Sewer project is being paid by the residents receiving water and sewer services through assessments, not from funds provided by New Hanover County. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to enter into an interlocal agreement with the Town of Kure Beach to separately contract for replacements and repairs of streets impacted by construction of water and sewer lines and pay the Town of Kure Beach up to $132,000 for the County’s share of the resurfacing project. The Chairman was authorized to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. COMMITTEE APPOINTMENTS Appointments to the Adult Care Home Community Advisory Committee Chairman Davis announced that two vacancies needed to be filled on the Adult Care Home Community Advisory Committee and two applications were received. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to appoint Susan Kay Fletcher and Carolyn B. Hooker to serve one-year initial terms on the Adult Care Home Community Advisory Committee with the terms to expire February 28, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Museum Board of Trustees Chairman Davis announced that two unexpired terms needed to be filled on the Cape Fear Museum Board of Trustees to replace positions held by Dr. J. W. Hooper and Ms. Carole Benton Jackson. Since the unexpired terms end on June 30, 2002, the terms can be extended to June 30, 2005. He requested direction from the Board. Commissioner Pritchett noted that since the by-laws of the Museum Board of Trustees say that appointment to an unexpired term does not count against the person appointed serving two full terms, she recommended appointing these members for a partial term plus the full term. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 66 Consensus: After discussion, it was the consensus of the Board to extend the unexpired terms to June 30, 2005. Chairman Davis opened the floor to receive nominations. Commissioner Boseman nominated Dr. Earl Sheridan. The nomination did not receive a second. Vice-Chairman Greer nominated Donald Patience. Commissioner Pritchett advised that Mr. Patience was not eligible to serve since he had not been off the Museum Board for a full year. After discussion of the exact date that Mr. Patience’s last term expired, Assistant County Manager Patricia Melvin advised that Mr. Patience had not been off the Museum Board for a year. Vice-Chairman Greer withdrew his nomination. Commissioner Caster nominated Kimberly C. Mash. The nomination was seconded by Commissioner Pritchett. Commissioner Boseman nominated Karen D. Moorefield. The nomination did not receive a second. Commissioner Pritchett nominated Dr. Barton G. Williams. The nomination was seconded by Chairman Davis. Vice-Chairman Greer nominated JoAnn L. Fogler. The nomination did not receive a second. Chairman Davis nominated Richard H. Trask. The nomination was seconded by Commissioner Caster. Hearing no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the nomination of Kimberly C. Mash. Vote: The Board voted 2 to 3 not to appoint Kimberly C. Mash to fill an unexpired term on the Cape Fear Museum Board of Trustees. Commissioner Caster and Commissioner Pritchett voted in favor of the nomination. Chairman Davis called for a vote on the nomination of Richard H. Trask. Vote: The Board voted 4 to 1 to appoint Richard H. Trask to fill an unexpired term on the Cape Fear Museum Board of Trustees with the term to expire June 30, 2005. Commissioner Boseman, Commissioner Caster, Vice-Chairman Greer , and Chairman Davis voted in favor of the nomination. Chairman Davis called for a vote on the nomination of Dr. Barton G. Williams. Vote: The Board voted 3 to 2 to appoint Dr. Barton G. Williams to fill an unexpired term on the Cape Fear Museum Board of Trustees with the term to expire June 30, 2005. Chairman Davis, Vice-Chairman Greer, and Commissioner Pritchett voted in favor of the nomination. Appointments to the Port, Waterway and Beach Commission Chairman Davis announced that two vacancies needed to be filled on the Port, Waterway and Beach Commission. Four applications have been received, including two current members who desire reappointment, Richard G. Catlin, who has served five terms, and Wayne A. Hanson, who has served two terms. He opened the floor to receive nominations. Commissioner Boseman nominated Jed McMillan. The nomination did not receive a second. Commissioner Caster spoke on behalf of Mr. Richard G. Catlin and Mr. Wayne A. Hanson and explained that applicants with engineering, technical, and environmental expertise are needed to serve on the Port, Waterway, and Beach Commission to assist with addressing beach management and Port issues. Mr. Catlin is an engineer/geologist who owns an engineering firm that offers a great deal of computer assistance, and Mr. Hanson is a former Colonel of the District Office of the U. S. Army Corps of Engineers. He commented on being aware of the need to follow the procedures for the appointment of people to serve on various boards and commissions, but stated in this case, he would like to support reappointment of Mr. Catlin and Mr. Hanson for another term. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint Richard Catlin as the representative for the environmental category and reappoint Mr. Wayne A. Hanson as the representative for the shipping category to serve three-year terms on the Port, Waterway, and Beach Commission with the terms to expire February 28, 2005. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Caster advised that he would discuss the need to recruit other applicants to fill future vacancies with the members of the Port, Waterway, and Beach Commission. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 67 RECOGNITION OF THE CAPE FEAR REGIONAL GROWTH TEAM BY THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS Mr. Todd McGee, Director of Publications at the North Carolina Association of County Commissioners, advised that he was proud to announce that the Cape Fear Regional Growth Team was named one of the top general government county programs in the State of North Carolina for 2001 by the North Carolina Association of County Commissioners. The Cape Fear Regional Growth Team is an exceptional effort of how four counties (Brunswick, Columbus, Pender, and New Hanover) and the City of Wilmington have worked together to market the region as one to recruit industry into the area. Mr. Todd presented the 2001 Outstanding County Program Award in recognition of innovative and effective county programs and services awarded to New Hanover County for the Cape Fear Regional Growth Team. Chairman Davis, on behalf of the Board, accepted the award and expressed appreciation to Mr. Chris May for his dedicated effort to promote regionalism in addressing multi-jurisdictional issues that will help to better coordinate the development of the entire area. Commissioner Caster noted that it was an honor for him to serve with Mr. Chris May and representatives of the surrounding counties and the City of Wilmington in moving forward with addressing issues as a region rather than separate governmental entities. 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 or to comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. ADDITIONAL ITEMS Complaint from Citizen About Zoning Variances Being Granted on South College Road Commissioner Caster informed the Board that he had received a complaint over the weekend from a citizen concerned about several zoning variances being granted on South College Road. This person felt that variances being issued were not consistent with actions taken by the members of the Planning Board. He requested Staff to check into this matter and report back to the Board. Discussion of Budget Crisis with N. C. Senator Patrick Ballantine and N. C. House Representative Thomas Wright Commissioner Caster informed the Board that he expressed his frustrations to Senator Ballantine and Representative Wright about the Governor’s decision to withhold State reimbursements to local governments. He advised that both legislators were aware of the concerns by local governments and stated it would be interesting to see how this issue will be handled when the General Assembly convenes in May. Discussion of Fee Being Charged to the City of Wilmington for Use of Ogden Park for the Ultimate Frisbee Tournament Commissioner Boseman expressed concern for learning that the County charged a fee to the City for use of Ogden Park for the Ultimate Frisbee Tournament held last weekend. She stated that when efforts are being made to promote goodwill between the two governments, they should not charge each other a fee for use of facilities unless it is absolutely necessary. She requested an explanation of why the fee was charged. Vice-Chairman Greer, the Commissioner representative on the Parks and Recreation Advisory Board, responded that discussion was held at the last meeting of the Advisory Board and a decision was made to charge fees to all groups sponsoring events of this type. He also noted that he was curious why the City did not use one of its parks for this event. Assistant County Manager Dave Weaver explained that if the Adult Softball League wanted to use a County field for a tournament, the League would have to pay a fee under the new schedule. If the officials from the Frisbee Tournament had requested the County for use of Ogden Park, a fee would have been charged. The purpose of the new schedule is to be consistent in the fee charge for all adult events. Discussion of Jail Project Commissioner Boseman commented on the new Jail and asked if this project was within the budget, on schedule, and if video conferencing would be available. Deputy County Manager Atkinson advised that the infrastructure was in place for video conferencing; however, he was not sure whether video conferencing would be available on the opening date of the new Jail. County Manager O’Neal informed Commissioner Boseman that he would check into this matter and report back to the Board. Deputy County Manager Atkinson advised that the Jail project was within budget because only one or two NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, FEBRUARY 18, 2002 PAGE 68 change orders have been received, which leaves a sufficient amount of contingency. He also noted that the project is on schedule with the exception of the delivery date for a large generator, which could create a delay of 60 days. Appreciation Expressed to Assistant County Manager Dave Weaver for Resolving the Doggie Beach Problem Commissioner Boseman expressed appreciation to Assistant County Manager Weaver for the work and effort to find a place for doggie beach. Chairman Davis also expressed appreciation to Assistant County Manager Weaver for his effort and stated that he felt it was important to work with the pet owners in finding an area where they can carry their dogs to the beach. Joint Meeting Scheduled with the New Hanover County Planning Board Assistant County Manager Weaver advised that the Planning Board would like to hold a joint meeting with the Board of County Commissioners to discuss traffic impacts, regulations, and open space regulations in the Subdivision Zoning Ordinance. Consensus: After discussion, it was the consensus of the Board to schedule a meeting on March 25, 2002, following the Regular Meeting of the Board at 2:00 P.M. in the Assembly Room of the New Hanover County Courthouse. Commissioner Boseman advised that she would not be able to attend, but stated it was not necessary to change the meeting date. Notification of Meeting Date to Discuss the Feasibility Study of the Merger of the Wilmington Transit Authority and New Hanover Transportation Services Assistant County Manager Patricia Melvin announced that a meeting will be held on February 25, 2002, at 10:30 A.M. in the City Hall First Floor Conference Room to discuss with elected officials and businesses the results of the feasibility study of merging the Wilmington Transit Authority and New Hanover Transportation Services. The Commissioners are invited to attend the meeting and information will be received by the Board requesting appointment of two Commissioners to serve on the Steering and Technical Review Committee to study the merger. Assistant County Manager Melvin also noted that Board will be requested at the March 11, 2002, meeting to appoint a member to serve as the representative on the State 1898 Commission. Commissioner Caster informed the Board that Representative Thomas Wright did mention that legislation that was enacted to form the State 1898 Commission and noted that the Board would be requested to appoint a representative. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION Motion: Chairman Davis MOVED to convene to Closed Session pursuant to N.C.G.S. 143.381.11(3) to discuss potential litigation involving New Hanover County; N.C.G.S. 143.381.11(5) to discuss property acquisition; and N.C.G.S. 143-381,11(6) to discuss personnel matters. Commissioner Pritchett SECONDED the motion. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 12:01 P.M. Chairman Davis reconvened to Regular Session at 1:15 P.M. He reported that the Board had met in Closed Session for the purpose of discussing personnel matters relating to a reduction of positions in the County work force. No information will be released to the public on the positions to be eliminated until the employees have been notified. The Board discussed potential litigation and acquisition of real property and no action was taken. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting a 1:18 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board