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HomeMy WebLinkAbout2002-03-25 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 93 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 25, 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 Reverend Amanda McCullough of St. Jude’s Metropolitan Community Church gave the invocation. Commissioner Caster led the audience in the Pledge of Allegiance to the Flag. Chairman Davis announced that Items 4 and 5 regarding water and sewer fees were removed from the Consent Agenda and placed on the Regular Agenda since these are ordinance amendments to Chapter 56, Utilities, Article II of the New Hanover County Code and must be approved by the New Hanover County Board of Commissioners. He stated that discussion of these items would be held after the Water and Sewer District Board meeting. APPROVAL OF CONSENT AGENDA Commissioner Pritchett requested removal of Consent Agenda Item 1 regarding the minutes. Vice-Chairman Greer requested removal of Consent Agenda Item 4. Chairman Davis requested removal of Consent Item 12. Commissioner Caster requested removal of Consent Items 5, 6, 7, and 8 for discussion. Commissioner Pritchett requested the Clerk to the Board to correct the minutes to reflect that County Manager O’Neal was not present at the meeting held on March 11, 2002. Vice-Chairman Greer requested removal of Item 4 so he could vote separately on this issue since he was not in favor of spending extra money for the WASTEC Facility. Commissioner Caster referenced Item 5 regarding a constructed wetlands leachate treatment system at the New Hanover County Landfill and asked why the grant funding was received in 1999 and is just now being spent for the project. Director of Environmental Management, Ray Church, explained that the constructed wetlands project has been in the planning stage since 1994. A grant was obtained in 1999 for the project and two years have been involved with developing and receiving the permit and plans to award the contract for the constructed wetlands leachate treatment system. Commissioner Caster expressed appreciation to Director Church for the explanation and wished him success with the project. Commissioner Caster referenced Item 6 and requested an explanation of the following statement: North Carolina State Solid Waste Rules governing the operation of landfills require final closure of a cell within one year of reaching final elevation of the cell with waste. The eastern side slopes of Cells 3B through 5 have reached elevation and the State has requested that we perform a partial closure on these cells. Director Church explained that once the final elevation is reached, the cell is considered to be full and must go through a final closure. This process involves putting synthetic liners on top of the trash to prevent rain from getting into the cell. State Solid Waste Inspectors visits the Landfill several times a year and inspect the cells to determine when the final elevation has been reached. A determination was made that the final elevation has been reached on the side slopes of Cell 3, but the final elevation has not been reached on the top of the cell. Once the side slopes are closed, a request will be made to go higher on top of the center part of the cell unit. The top closure liner must be equivalent to the bottom liner. State regulations require the closure of cells pursuant to specific engineering criteria, which is good because by closing cells, the amount of leachate that has to be treated is reduced. Commissioner Caster expressed appreciation to Director Church for the explanation. Commissioner Caster referenced Item 7 and asked if Human Relations was a department or a commission. County Manager O’Neal responded that the portion of Human Relations relating to the government is the Human Relations Department and the appointed board is the Human Relations Commission. Commissioner Caster referenced Item 8 and asked if the Commissioners had been involved with approving job classifications in the past. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 94 County Manager O’Neal responded that the Board of County Commissioners approved job titles when adopting the new Pay and Classification Plan. The proposed reclassification is not a new position but the transfer of a position from one title to another title, which required approval by the Board. Chairman Davis referenced Item 12 and asked if the Board approves the purchase of a new fire engine, will the Fire District tax rate have to be increased to cover any aspects of the proposed purchase. County Manager O’Neal responded that the Fire District tax rate will not have to be increased in FY 2002-2003; however, a tax increase may be needed for FY 2003-2004 because the Fire District Fund is low. After hearing no further comments, Chairman Davis called for a motion to approve the Consent Agenda. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to approve the items on the Consent Agenda with the correction to the minutes and removal of Items 4 and 12 for further discussion and approval as separate items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the corrected minutes of the Regular Meeting of the Board held on March 11, 2002, reflecting that County Manager O’Neal was not in attendance. Revision to New Hanover County Health Department Environmental Health Fee Policy for Tattoo Artist and/or Body Piercing Permit Fee The Commissioners approved a reduced fee, from $200 to $125 for a Tattoo Artist and/or Body Piercing Secondary Permit at an alternate location as a result of an appeal by the facility owner with two locations. The reduced fee will become effective April 1, 2002. Adoption of Resolution Accepting Possession and Control of Abandoned Acorn Branch Cemetery Located at 1910 North Kerr Avenue The Commissioners adopted a resolution accepting possession and control of the abandoned Acorn Branch Cemetery at 1910 North Kerr Avenue and established boundaries for maintenance purposes. Pursuant to State regulations, counties are required to take possession and control of such sites if there is no clear title that can be readily determined. This cemetery falls under that category. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.1. Adoption of Resolution Awarding Contract #02-0149 to Thomson & Company, Inc. for the Constructed Wetlands Leachate Treatment System at the New Hanover County Landfill The Commissioners adopted a resolution awarding Contract #02-0149 to Thomson & Company, Inc., in an amount not to exceed $785,000 for the constructed wetlands leachate treatment system at the New Hanover County Landfill. Through studies beginning in 1993 involving the Environmental Management Staff with assistance from N. C. State University and UNCW, it was proven that constructed wetlands can be used as an effective treatment process. These studies were primarily funded through grants from the Coastal Area Management Agency and the Water Environment Research Federation. In 1999 the Department was awarded a grant from the Clean Water Management Trust Fund in the amount of $785,000 to construct a full-scale wetlands project and associated spray irrigation system to reduce the wastewater discharge from the Landfill to the Northeast Cape Fear River. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.2. Adoption of Resolution Awarding Contract #02-0299 to Post Buckley Schuh & Jerrnigan, Inc. for Closure Design Services for Cells 3B-5 at the New Hanover County Landfill The Commissioners adopted a resolution awarding Contract #02-0299 to Post Buckley Schuh & Jerrnigan, Inc., in the amount of $189,562 for closure design services for Cells 3B-5 at the New Hanover County Landfill. Funds for the closure design services were provided in the current Department of Environmental Management Landfill Fund. The eastern side slopes of Cells 3B-5 have reached final elevation and the State has requested that the County perform a partial closure on these cells. The closure cap must consist of a system equivalent to or less than the permeability of the system used for the base liner, or in this case, a synthetic liner system. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.3. Acceptance of FY 2001-2002 Equal Employment Opportunity Grant for the Human Relations Department and Approval of Budget Amendment #02-0147 The Commissioners accepted the standard EEOC grant for FY 2001-2002 in the amount of $23,000 for the Human Relations Department and approved associated Budget Amendment #02-0147. The County Manager was authorized to sign the grant document. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 95 Budget Amendment #02-0147-Human Relations/EEOC Adjustment DebitCredit EEOC Grant$2,000 Contracted Services$2,000 Explanation: To increase the budget to actual amount of FY 2002 EEOC grant award (current budget $26,000; $5,000 of that was carried forward from last fiscal year, $21,000 in the current fiscal year). The new award is $23,000; therefore, the budget amendment is for $2,000. Approval of Position Reclassification and Job Title Change for IT Position of Administrative Support Technician to Procurement and Administrative Specialist The Commissioners approved the reclassification of the Administrative Support Technician position in the IT Department from Core 3 to Professional/Technical 2 and changed the title to IT Procurement and Administrative Specialist due to reassignment of significant technical duties that have increased the required technical skill level for this position. Release of Values - Tax Department The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers: Bailey, Mattie L.$20,000 Baldwin, John James Etal.$20,000 Bowen, Thomas$14,320 Evans, Elizabeth S.$20,000 Freeman, Ralph M.$20,000 Jones, Virginia M.$20,000 Kivercuk, Patricia M.$20,000 Mills, Nancy Fox$20,000 Stalvey, Jeanette$20,000 Walker, Marian$20,000 Wigner, Mary L. Life Estate$20,000 The Commissioners approved delinquent applications for exemption from the property tax for the following organization: Masonboro Baptist Church, Inc.R06700-001-003-001 Acceptance of Tax Collection Reports Through February 28, 2002 The Commissioners accepted the following Tax Collection Reports through February 28, 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 17.4. Adoption of Resolution to Extend the Existing Cable Television Franchise of Charter Communications The Commissioners adopted a resolution extending the existing cable television franchise of Charter Communications until May 31, 2002, in order to allow adequate time for the company to negotiate a new franchise agreement. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.5. Approval of Budget Amendments: Budget Amendment #2002-37-Controlled Substance Tax - Sheriff’s Department The Commissioners approved the following budget amendment: Adjustment DebitCredit Controlled Substance Tax funds$14,999 Extended Project Expense$14,999 Explanation: To increase the budget for additional revenue received 1-20-02; 2-12-02; and 3-5-02. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 96 Budget Amendment #2002-38-Federal Forfeited Property - Sheriff’s Department The Commissioners approved the following budget amendment: Adjustment DebitCredit Federal Forfeited Property$13,486 Extended Property$13,486 Explanation: To increase the budget for additional revenue received 1-22-02; 2-12-02; 2-18-02; and 3-6-02. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Budget Amendment #02-0151-Various Departments The Commissioners approved the following budget amendment: AdjustmentDebit Credit General Fund: Pooled Cash: Interest on Investments$1,000,000 Finance: Sales Tax - 1 Cent$1,400,000 Property Management: Salaries and Wages$ 30,000 Engineering: Salaries and Wages$ 40,000 Airlie Gardens: Contribution to Airlie Foundation$ 200,000 Other Improvements$ 72,000 Capital Outlay Equipment$ 28,000 Library: Salaries and Wages$ 30,000 Education: Transfer To Public Schools Fund$2,000,000 New Hanover County Schools: Transfers In/General Fund$2,000,000 Contribution - Current Operating$2,000,000 Explanation: To transfer funds to implement the plan to reduce the budget because of the economic downturn as presented to the Commissioners on February 18, 2002. Additional budget amendments may be required to implement other portions of the plan as the fiscal year continues. Budget Amendment #02-0156 - Sheriff/Administration/Jail The Commissioners approved the following budget amendment: AdjustmentDebitCredit Administration: Other$4,115 Jail: Motor Vehicle Purchases$4,115 Explanation: To budget insurance proceeds from a wrecked jail vehicle. DISCUSSION OF CONSENT AGENDA ITEM 4, APPROVAL OF CONTRACT WITH HDR ENGINEERING, INC. OF THE CAROLINAS TO PROCEED WITH ENGINEERING WORK FOR INSTALLATION OF THE CARBON INJECTION AND NOXOUT SYSTEMS AT THE WASTEC FACILITY Vice-Chairman Greer advised that he was not in favor of approving more money for the WASTEC Facility. He noted that the engineering cost is $55,000 and asked what was the anticipated cost of installing the carbon injection and noxout systems. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 97 Director of Environmental Management Ray Church responded that the cost of the work will be approximately $600,000. Chairman Davis asked if it was absolutely necessary to install these carbon injection and Noxout systems on Units 1 and 2. Director Church responded that the units at the WASTEC Facility must be in compliance with EPA regulations for small incinerators by March 1, 2003. Initially an agreement was reached with the N. C. State Air Quality Division to have the carbon injection systems and Noxout system for Units 1A and 2A by December 31, 2004. This time frame allowed the Environmental Management Department to budget funds over a 2-year period to perform the work; however, in October 2001, Senate Bill 312 pertaining to well drilling was enacted by the N. C. General Assembly with a section added (Section 3.4) that moved the compliance date to March 1, 2003. Since no other county has an incinerator, the section added only applies to New Hanover County. The new deadline will have a severe impact on the budget. Commissioner Boseman strongly objected to the local legislators not informing the County about adding a section to a well drilling bill that only applies to New Hanover County which changes the date of compliance and creates a budget impact of $600,000 for the next fiscal year. After a lengthy discussion, County Manager O’Neal requested the Board to move forward with approving the engineering work and request the local legislative delegation to rescind Section 3.4 of Senate Bill 312 to allow the date of December 31, 2004 to remain as originally agreed upon by the N. C. State Air Quality Division. Hearing no further discussion, Chairman Davis called for a motion. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to approve a contract with HDR Engineering, Inc. of the Carolinas in an amount not to exceed $55,000 and approve the associated budget amendment to provide program management for installation of carbon injection systems and a Noxout system on units at the WASTEC Facility. Upon vote, the MOTION CARRIED 3 TO 2. Vice-Chairman Greer and Commissioner Caster voted in opposition. Budget Amendment #02-0150 - Environmental Management AdjustmentDebitCredit Landfill Operations: Appropriated fund Balance$55,000 WASTEC - Administration: Contracted Services$55,000 Explanation: To appropriate Environmental Management Fund Balance to install air quality equipment required by State Permit. A copy of the contract is on file in the Legal Department. Chairman Davis called for a motion regarding the preparation of a resolution requesting the local legislative delegation to change the date of compliance from March 1, 2003, to the original date of December 31, 2004. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to direct the County Manager to prepare a resolution requesting the local legislative delegation to rescind Section 3.4 of Senate Bill 312 to be considered by the Board on April 1, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION AND APPROVAL OF CONSENT ITEM 12, ADOPTION OF A RESOLUTION TO APPROVE CONTRACT #02-0304 WITH PIERCE MANUFACTURING, INC. FOR PURCHASE OF A FIRE ENGINE FOR THE HIGHWAY 421 NORTH FIRE STATION AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #02-0153 Chairman Davis asked if the Fire District tax rate would have to be increased in FY 2003-2004 if a new fire engine is purchased for the Highway 421 North Fire Station. Fire Services Administrator Donnie Hall informed the Board that he had worked with the Budget Department to be sure that the Fire District tax rate would not have to be increased for FY 2002-2003. It is hoped that additional sales tax proceeds will be received due to the additional one-half cent sales tax that will be implemented the following fiscal year. He also noted that the debt service for the Fire District should peak during FY 2002-2003 and begin to drop by FY 2003-2004. County Manager O’Neal informed the Board that the Fire District was low on funding; therefore, a tax rate may be necessary in FY 2003-2004. Discussion followed on repairs to the existing fire engine. Fire Services Administrator Hall informed the Board that repairs to the existing fire engine will exceed the value of the truck. After discussion with State officials, a decision NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 98 has been made by the State not to consider the truck as a fire engine and allow the District to use it as a tanker. If a new fire engine is not purchased, further consideration may be given by the State to increase the rating in the Highway 421 North Fire District to Class 10, which will greatly increase the insurance premiums for this industrial area. Commissioner Pritchett asked Administrator Hall if he was comfortable with using the old truck for another year. Administrator Hall responded that he was not comfortable with using this truck for another year in an industrial area. Chairman Davis noted that a price tag cannot be placed on human life; however, if it becomes necessary to increase the Fire District tax rate at a later date, he would not vote for the increase. After hearing no further comments, Chairman Davis called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, adopt a resolution awarding Contract #02-0304 to Pierce Manufacturing, Inc. in the amount of $333,961.33 for the purchase of a fire engine for the Highway 421 North Fire Station and approve associated Budget Amendment #02-0153 to fund the purchase through installment financing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #02-0153 - Fire Services Administration AdjustmentDebitCredit Installment Loan Proceeds$333,962 Motor Vehicle Purchases$333,962 Explanation: To budget funds for the purchase of a fire engine through installment financing for the Highway 421 North Fire Station. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.6. A copy of the contract is on file in the Legal Department. ADOPTION OF RESOLUTION PROCLAIMING APRIL 13, 2002 “TAKE ME TO THE MALL GIRL SCOUT DAY” AT WESTFIELD SHOPPINGTOWN INDEPENDENCE MALL Ms. Deborah Goodman, representing Westfield Shoppingtown Independence Mall, announced that on Saturday, th April 13, 2002, the 90 Anniversary of Girls Scouts U.S.A. will be celebrated. Westfield Shoppingtown Independence Mall will be holding a special event on that Saturday with attendance of approximate 700 past and current Girl Scouts. There will be fashion shows, troop displays, arts and crafts, camping activities and the annual Girl Scout cookie sale. In closing, Ms. Goodman invited the Commissioners to attend the event, and she urged all citizens to join in recognizing Girls Scouts for their countless contributions to the community. Chairman Davis read the resolution and requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a resolution proclaiming Take Me to the Mall Girl Scout Day April 13, 2002, as at Westfield Shoppingtown Independence Mall. Upon vote, MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis presented the proclamation to Mr. Deborah Goodman and expressed appreciation to the Mall for recognizing this worthwhile organization that has inspired generations of girls to work toward improving society and their communities. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.7. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS: County Manager O’Neal requested the following employees to step forward to receive service awards: EmployeeYears of Service Theresa Brinson, IT Department20 Karen M. Vincent, Department of Social Services 25 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 99 RECOGNITION OF NEW EMPLOYEES: County Manager O’Neal requested the following new employees to stand and be recognized: Raymond Griswold, Fire Services Kimberly Hansely, Health Department Misty Vining, 911 Emergency Center On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover County government and wished them success in their new positions. ADOPTION OF RESOLUTION TO DESIGNATE NEW HANOVER REGIONAL MEDICAL CENTER AS THE EMS SYSTEM ADMINISTRATOR FOR NEW HANOVER COUNTY Assistant County Manager Patricia A. Melvin reported that House Bill 452 and House Bill 453 were enacted requiring that each county establish an EMS system to ensure that quality emergency medical services are provided to all citizens. The County can also designate a system administrator to perform EMS coordinating and monitoring duties. When the EMS Model System Planning Committee met on March 4, 2002, the Committee voted unanimously for the New Hanover Regional Medical Center to be designated as the EMS System Administrator for New Hanover County pursuant to House Bill 453. Dr. Bill Atkinson, President/CEO of New Hanover Regional Medical Center, spoke on North Carolina continuing to be a leader throughout the nation in the development of advanced emergency service models. New Hanover County was one of three counties in the State offered the opportunity to become a model designated system. Guilford County was selected as the large site, New Hanover County as the medium site, and Burke County as the small site. Commissioner Caster, a member of the New Hanover Regional Medical Center Board of Trustees, spoke on discussing this matter with Dr. Atkinson and the Director of Emergency Medical Services at the Medical Center and stated that no additional costs will be involved with the designation. He stated that it was quite an honor for New Hanover County be one of three counties chosen to serve as a model designated system. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adopt a resolution to designate the New Hanover Regional Medical Center as the EMS System Administrator for New Hanover County. 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 17.8. AUTHORIZATION TO PROCEED WITH VETERANS PARK PHASE III(B) AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #2002-39 Parks Director Neal Lewis reported that Mr. John Poole, Grants Coordinator for the North Carolina Department of Environment and Natural Resources, made a presentation to the Board on November 15, 2001 regarding approval of a $500,000 Land and Water Conservation Fund matching grant and $250,000 Parks and Recreation Trust Fund matching grant for Veterans Park. He advised that local match funding had been included in the current budget and stated in order to move forward withe Phase III(B) at Veterans Park, a budget amendment would have to be approved. Director Lewis informed the Board that Mr. Paul Boney, Project Architect, was present and would make a brief report on Phase III(B) of Veterans Park. Mr. Boney presented a map showing the existing facilities at Veterans Park and the sites where structures will be placed in Phase III(B). He advised that Phase III(B) is a $1.8 million project comprised of the following structures: (1) Youth Baseball Complex with four lighted fields; (2) four unlighted football/soccer fields; (3) two restroom/concession buildings; (4) playground and picnic shelter; and (5) entrance building/shelter. After Phase III(B) is completed, the passive side of the park and additional tennis courts will be constructed. In closing, Mr. Boney advised that work drawings are in place and bids could be received by April 30, 2002, if the Commissioners decide to move forward with the project. He offered to answer questions. After discussion of funding, County Manager O’Neal assured the Board that funding was available for the project without any impact on the tax rate. Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to authorize staff to proceed with formal bidding for Phase III(B) of Veterans Park and approve associated Budget Amendment #2002-39. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #2002-39-Veterans Park Capital Project NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 100 Adjustment Debit Credit LWCF Grant$500,000 Extended Project Expense$500,000 Explanation: To budget Land and Water Conservation Fund grant awarded for Veterans Park. The grant was accepted by the Commissioners at their 11-05-01 meeting. The required match is in the project budget. CONSIDERATION OF INTERLOCAL AGREEMENT WITH THE CITY OF WILMINGTON FOR OPERATION OF THE PARKING DECK Deputy County Manager Andrew J. Atkinson reported that the new 648 space parking deck should be open by July 1, 2002. Parking spaces will be provided for County employees, library patrons, potential jurors, and others needing parking. Staff has been working with the City to develop a consolidated parking system for the three decks owned by the City and County in the downtown area. This system will allow operators of the three decks to communicate with each other so all available spaces can be used. An interlocal agreement has been prepared with the City to allow the County to obtain the services of Central Parking (Park Wilmington) as the operator of the deck. This arrangement will benefit those using the decks since they will go to one central office for complaints, payment of monthly parking fees, or other needed services. The City's contract with Central Parking expires September 1, 2003 with an option to extend the contract for two years at which time the contract will be let for bids. The annual proposed cost for this management is $77,708; however, the County Parking Deck will generate sufficient revenue to cover this cost. The cost for establishing the parking control system is $105,000, which will be removed from the construction contingency. The system will be comprised of software, hardware, a ticket taker booth, ticket splitter, and electrical hookups needed to establish the ticket taker station. This cost was not included in the original budget for the project because no decision had been made on how to manage the parking deck. In closing, Deputy County Manager Atkinson requested the Board to approve the interlocal agreement with the City for operation of the County parking deck through the City’s contract with Central Parking. He offered to answer any questions. Chairman Davis requested the County Attorney to comment on the contract with Central Parking not being finalized by the City. County Attorney Copley responded that after discussion with City Attorney Pollard she was comfortable with approving the contract since only minor technical changes will occur. Vice-Chairman Greer referenced the amount of money spent on constructing the parking deck to accommodate the courts and stated that he felt the County should operate the deck and easily generate revenue in the amount of $300,00 to $400,000 annually. Deputy County Manager Atkinson explained that in order to generate revenue in the amount of $300,000 annually, a parking fee would have to be charged to approximately 190 County employees as well as Library patrons. Persons using the Library will park free for the first hour with a fee charged thereafter. Under the City’s contract with Central Parking, the revenue generated for the County is estimated at $195,000, less operating expenses of $78,000 for a profit of $117,000. The hours of operation will be from 7:00 A.M. to 7:00 P.M., Monday through Friday. This means that no fees will be charged on weekends. Vice-Chairman Greer expressed concern for not receiving more than $117,000 annually and noted when calculating five days a week at a fee of $5.00 per day for half of the parking spaces, the profit is approximately $400,000 annually. He stated that it was unfortunate for the County not to maximize the revenue generated. Deputy County Manager Atkinson responded that Central Parking has been requested to use their expertise in maximizing revenues; however, once the deck is open and information has been gathered on the use of the deck, the County and Central Parking will have a better idea of the profit that can be made. County Manager O’Neal spoke on the proposed contract expiring at the end of 2003 and stated time is needed to gather usage figures to know how to maximize the revenue. After hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to approve the interlocal agreement with the City of Wilmington for operation of the County parking deck through the City’s contract with Central Parking contingent upon approval of the contract by the City of Wilmington. The Chairman was authorized to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the interlocal agreement is on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 101 ACTION DEFERRED ON PROPOSED STREET ADDRESSING STANDARDS AND PROCEDURES AND AMENDED ORDINANCE TO CHAPTER 47, ARTICLE IV, SECTION 47-109 OF THE NEW HANOVER COUNTY CODE Chairman Davis announced that a brief presentation will be made by the Planning Director, however, the Board of County Commissioners will schedule a Public Hearing on May 6, 2002, to receive input from the public before adopting the standards and procedures. Planning Director Dexter Hayes reported that assigning proper addresses and house numbers is extremely important for many functions, especially for billing and 911 response. The present system has led to some inconsistencies and confusion. The proposed Addressing Standards and Procedures Manual is being presented to the Board for recognition as an official document detailing the operational addressing procedures for New Hanover County. The purpose of the manual is to set standards for street addresses, by providing guidelines on how house numbers and street names can be assigned, recorded, and maintained. Members of Staff from the County and City IT Departments have been working on this issue for a number of years. There is no section for violators in the County Code and the proposed amendment to Chapter 47, Article IV, House Numbers, Procedures and Display of Official Numbers, will provide for a fine to be imposed. In closing, Planning Director Hayes offered to answer questions. Commissioner Pritchett expressed concern for imposing a fine of $150 for non-compliance, and stated she could not support a fee of this size. After hearing no further comments, Chairman Davis noted that a Public Hearing is scheduled for May 6, 2002, to receive public input before adopting the Addressing Standards and Procedures Manual. BREAK Chairman Davis called a break from 10:30 A.M. until 10:45 A.M. CONSIDERATION OF PROPOSED PROGRAMMATIC AND POLICY GOALS FOR FY 2002-2003 County Manager O’Neal advised that the Government Finance Officers Association and National Advisory Council on State and Local Budgeting has recommended development of programmatic, operating and capital policies and plans to guide the development of the budget. During the January 24, 2002 Budget Planning Work Session, staff presented the Board of County Commissioners with proposed Programmatic and Policy Goals for FY 2002-2003. He requested the Board to adopt the goals as presented. Chairman Davis stressed the importance of the public understanding that funding has to be available before the goals will be accomplished. He suggested including language of this type in the document. Vice-Chairman Greer expressed concern for the public interpreting these goals as items that have been adopted by the Board and promised to the citizens. He stated if the County is not prepared to carry out these goals, he will not vote in favor of the document. County Manager O’Neal suggested coming back with the document worded differently to avoid misunderstanding of the proposed goals by the public. Consensus: After discussion, it was the consensus of the Board to postpone action on the Programmatic and Policy Goals and request staff to revise the document to be presented to the Board of County Commissioners on April 15, 2002. CONSIDERATION OF OFFER TO PURCHASE COUNTY OWNED PROPERTY Assistant County Manager Dave Weaver reported that the Temple of Israel has offered $10,000 for a County owned parcel situated at 1530 John Morris Road. A map was presented showing the 1.6 acre parcel abutting an existing cemetery that appears to be abandoned. Since the cemetery has existing graves, it appears to be eligible as an ongoing cemetery use under State law. The Temple wants to further develop the County parcel as a cemetery. As part of the offer, the Temple would agree to allow the County 50 free burial sites for U. S. Veterans and will maintain the existing cemetery and all new graves. It is important to note that veteran burial sites in Wilmington are generally unavailable. In closing, Assistant County Manager Weaver noted that advertisement of the offer is the first step in the process. Other steps include a zoning text amendment that would allow cemeteries to be placed in Airport Industrial (AI) Districts as well as by issuance of a Special Use Permit. The Veteran Services Officer, Bud Baker, is fully supportive of this action. Chairman Davis asked if the Airport Authority had been notified. Assistant County Manager Weaver responded that information has been faxed to the Airport Authority and messages left about the offer; however, no calls have been received from members of the Authority. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to direct staff to advertise the offer by the Temple of Israel to purchase the County owned tract at 1530 John Morris Road for use as a cemetery pursuant to North Carolina General Statutes. Upon vote the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 102 COMMITTEE APPOINTMENTS Appointment to Fill the Unexpired Term on the Library Advisory Board Chairman Davis announced that one unexpired term created by the resignation of Ms. Jane L. Freeman, needed to be filled on the Library Advisory Board. He advised that since the term will expire August 31, 2002, the Board will need to decide if the term should be extended until August 31, 2005. Consensus: After discussion, it was the consensus of the Board to extend the unexpired term to a full term expiring August 31, 2005. Chairman Davis opened the floor to receive nominations. Commissioner Boseman nominated Elizabeth P. Stanfield. The nomination was seconded by Commissioner Caster. Commissioner Pritchett nominated Allison Rankin. The nomination did not receive a second. Hearing no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the nomination of Elizabeth P. Stanfield. Vote: The Board voted unanimously to appoint Elizabeth P. Stanfield to fill the unexpired term of Jane L. Freeman plus a 3-year term on the Library Advisory Board to expire August 31, 2005. Appointments to the Nursing Home Community Advisory Committee Chairman Davis announced that five vacancies needed to be filled on the Nursing Home Community Advisory Committee. He reported that three applications were received, with one current member, Joseph Tralle, being eligible for reappointment. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to reappoint Joseph Tralle to serve a 3-year term on the Nursing Home Community Advisory Committee with the term to expire March 31, 2005, and appoint Faye Griffin Hoffman and Patricia E. King to serve initial one year terms on the Nursing Home Community Advisory Committee with the terms to expire March 31, 2003. 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 11:55 A.M. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 12:15 P.M. FIRST READING OF AN AMENDMENT TO CHAPTER 56, UTILITIES, ARTICLE III, SEWER SYSTEM, DIVISION 9, FEE SCHEDULE WATER AND SEWER USER CHARGES FOR LARGER METER SIZES Deputy Finance Director Julie Griffin requested the Board to consider adopting an ordinance to increase rates for water usage and residential sewer usage to cover the cost of larger meter sizes that are currently being used. The current ordinance only applies to the 2-inch water meter size and there are commercial customers with 3, 4, and 6-inch meter sizes. The following rates were presented: Meter SizeFixed Fee Water AllowanceMinimum Bimonthly Water Charge 3 inch$ 30.00 50,000 gallons $ 82.50 4 inch$ 60.00 70,000 gallons $132.50 6 inch$120.00 140,000 gallons $255.00 Chairman Davis asked if the fees are in line with charges by other municipalities and counties. Deputy Finance Director Griffin responded the proposed fees are similar to other municipalities; however, the City has just modified its rate schedule. Commissioner Boseman asked if the City rates are higher or lower. Deputy Finance Director Griffin responded that the City rates should be higher because a change was made to use a base rate plus all usage. The District currently has a water allowance which allows people to use a certain number of gallons at a base rate. Hearing no further comments, Chairman Davis called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to adopt an ordinance amending the Fee Schedule for water and sewer user charges for larger meter sizes. Upon vote, MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 103 A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 17.9. The ordinance will be codified into the County Code. CONSIDERATION OF AMENDMENT TO CHAPTER 56, UTILITIES, ARTICLE III, DIVISION 9, FEE SCHEDULE TO INCREASE THE SEWER TAP FEES County Engineer Blanchard advised that because of limited funds for sewer system construction, staff developed the following scenario to increase sewer tap fees to fund new sewer construction. Connection to the Sewer System within first six months of availability: Existing: Four Inch Tap$ 900 Six Inch Tap$1,100 Proposed: Four Inch Tap$2,000 Six Inch Tap$2,200 Connection to the Sewer system after initial six months of sewer availability: Existing: Four Inch Tap$1,800 Six Inch Tap$2,200 Proposed: Four Inch$2,500 Six Inch$2,700 In concluding the presentation, County Engineer Blanchard offered to answer questions. A lengthy discussion was held on why the cost of sewer construction has increased and the adjusted tap fees are needed. County Engineer Blanchard explained that with more stringent OSHA regulations, more public utility lines being buried underground, and the NCDOT requiring a road to be resurfaced after installing sewer lines, contractors have to charge more to provide their services. Chairman Davis asked how the revenue generated from the tap fees is used by the Water and Sewer District. County Engineer Blanchard explained that all revenue generated from tap fees is placed in the Water and Sewer District Fund to construct future sewer lines. Discussion was held on how the adjusted fee would impact the cost of sewer construction. County Engineer Blanchard explained that the adjusted tap fees received from Kings Grant and Middle Sound would yield $6 million toward a total construction cost of $30 million to provide sewer to both areas. Vice-Chairman Greer noted that in the Kings Grant area, the estimated cost per house for the County to install the sewer system is $8,800. Under the proposed tap fee increase, each property owner would be paying $2,000 of the $8,800 for the provision of sewer, which does not include costs associated with treatment that are paid by the County. The actual cost per house to the County is $10,000. Chairman Davis requested an explanation of when sewer was to be provided to Kings Grant under the original plan. County Engineer Blanchard advised that the original plan in the early 80's was to provide sewer to Kings Grant in 1993. When the Master Plan was revised, the date was changed 2009. Chairman Davis asked County Engineer Blanchard how many homes would be provided sewer in the Kings Grant area and Middle Sound area. County Engineer Blanchard responded 1,700 homes in Kings Grant and 1,200 homes in Middle Sound. Further discussion was held on when sewer could be provided to Kings Grant. County Engineer Blanchard explained that the project will be completed in three phases. The first phase will be bid in July 2002, second phase in August 2002, and third phase in December 2002. Each bidding process requires about 90 days to work out the details of contract and give the contractor notice to proceed. Since these are large areas, the estimated time for completion of sewer construction per phase is 12 to 15 months. Vice-Chairman Greer spoke on the fees being confusing and explained that every person developing a subdivision is required to install sewer lines in the development. An impact fee is also charged depending on the number of bedrooms and size of homes. The revenue generated from the impact fee is used to pay for expansion of the wastewater treatment plant. For an existing area such as Kings Grant, no impact fee is charged per house, but there is a tap fee charged to connect to the sewer system. Commissioner Caster asked if the District could afford $30 million for these upcoming sewer projects. Finance Director Bruce Shell responded that these projects can be funded if the following actions occur: (1) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 104 increase the tap fees as proposed; (2) maintain the base level of sales tax coming into the Water and Sewer Fund; and (3) stop sewer construction for a period of time. Chairman Davis opened the floor to receive comments from the public. Ms. Betty Scott, representing the Kings Grant area, asked if the residents will have to pay a tap fee and sewer infrastructure assessment fee. County Engineer Blanchard responded that the tap fee would be the only charge. Ms. Scott asked if it was true that some residents living on Holly Shelter Road have received HUD funding to upgrade plumbing fixtures, pay for installing the line from the house to the street, and being charged a tap fee of only $25. County Engineer Blanchard responded that the normal tap fee would be applicable to residents living on Holly Shelter Road or in any other area of the unincorporated county. Planning Director Dexter Hayes explained that New Hanover County did receive funding through HUD for sewer improvements in this part of Castle Hayne because a portion of the neighborhood qualified as low to moderate income households. Income surveys were performed and persons qualifying received a loan to subsidize the cost of connection. Some of the HUD funding is provided to upgrade plumbing so the homes can be connected to the system. County Engineer Blanchard noted that approximately 10 years ago, a dry sewer was installed in a section known as Bridge Water Bluff. Since these residents have already paid for the sewer system and tap fee as part of purchasing their lots, a fee of $25 will be charged. Ms. Scott concluded her remarks by saying that residents of Kings Grant want some form of equity. If the proposed tap fee is approved, each resident will be required to pay a $2,000 tap fee, which will place a financial burden on many residents. For various reasons, this area has been overlooked when expanding sewer throughout the unincorporated county. This is a subdivision that has experienced failing septic tanks for the past 40 years with dozens of homes that need to be condemned. The residents are objecting to the $2,000 tap fee because this is not the fault of the residents. The County has finally been forced to address this issue and some equity should be provided to the residents. Chairman Davis informed Ms. Scott that he was not forced to do anything and stated that he supported the project in an effort to assist the residents, but unfortunately nothing but criticism has been received from residents of the area. Mr. John Piven, a resident of Kings Grant, referenced the cost to each individual home and stated that no reference had been made to the extent of damage incurred by many residents. He noted that during the past three years, his floors and carpet in the bathroom had to be replace because of sewer overflow and last week he spent $3,000 on a new septic system. The County is now considering an increase in the tap fee from $900 to $2,000, which cannot be paid by many residents. He requested some form of equity. Mr. Mike Collins, a homeowner in Churchill Estates, commented on the disappearance of the sales tax money collected for future expansions, and asked if there is an accounting for how these monies have been spent. County Manager O’Neal informed Mr. Collins that no money had disappeared. He advised that North Carolina General Statutes require all local governments to be audited each year by a qualified CPA firm. The audits are public information and can be reviewed by any member of the public. Finance Director Shell advised that a bond issue was approved by the voters in the mid-80s to provide sewer to a large area of the unincorporated county; however, due to an error by the consulting engineer in the estimated cost, there was not sufficient money to provide sewer to the areas outlined in the Sewer Master Plan. A Task Force was then appointed to study and determine sewer needs with a schedule prepared for future projects. This schedule has been followed as money becomes available to provide sewer to an area. Mr. Collins requested to see the audit and stated that he would like to check some figures that have been presented to him. He read from a document dated January 1989 saying that at least 40 percent of the County’s sales tax revenue was earmarked for the County Sewer System. Officials projected that the sales tax would bring in $34 million over the next 9 years for the Sewer System. He noted that in 1989, the most robust tax figures could not account for the growth that has occurred since that time. In closing, Mr. Collins expressed concern for asking residents to pay a $2,000 tap fee for a system that should have been taken care of by the original bond proceeds. Finance Director Shell explained that only a portion of the sales tax is earmarked for the Water and Sewer Fund. The two ½ cent sales taxes are used as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 105 •45% to Schools as required by North Carolina General Statutes. •55% is undesignated for various needs. In 1984, the Commissioners used this portion of the sales tax for the Water and Sewer Fund. Over the years, the undesignated portion of the sales tax has been used for the Environmental Management Fund and the General Fund to avoid increasing the property tax. Mr. Roger Meeks, a resident of 910 Dickens Drive, spoke on owning his house for seven years and stated during this period his septic tank has been pumped out four times at a cost of $150 to $250 each time. Approximately $3,000 to $5,000 in damages have occurred from replacing floors due to sewer overflow. The Health Department threatened to condemn his home until a new leach field was replaced which cost over $1,400. The residents in Kings Grant have spent enough on damages from malfunctioning septic tanks. He urged the Board to provide some equity to the residents. Mr. Mark Cope, a resident of Kings Grant, advised that on May 5, 2001, approximately 280 people presented a petition to each County Commissioner signed by over 780 residents saying that if the Board continues on this course and the tap fee exceeds $200 as originally issued, a class action suit will be filed against New Hanover County. Chairman Davis responded that he planned to do what is fair to all citizens regardless of whether a lawsuit is filed. Mr. Artie Peterson, a resident of Kings Grant since 1977, spoke on numerous conversations that have gone on for years about this area not receiving sewer. The money being discussed is taxpayer money and it should be used to help the citizens. This is not happening in Kings Grant, and the Board of County Commissioners should be fair to the residents. The engineers working in the County Engineering Department in the 80s should have known that the estimate presented by the consulting engineer was not correct. The County is 18 years late in providing sewer to this area, and the residents are being requested to pay 10 times the original fees plus the plumbing charge from the house to the street. This is not fair and something should be done to resolve the problem. Vice-Chairman Greer informed Mr. Peterson that the cost to provide sewer to each home in Kings Grant is $10,000, and the residents are only being asked to pay a $2,000 tap fee. Mr. John Guarin, a resident of 5110 Lord Byron Drive, spoke on purchasing his home in Kings Grant two years ago after a new septic system had been placed in the house. He expressed concern for raw sewerage flowing into the streets with a normal rain and stated this is a health problem that should be addressed. He requested the Commissioners to help the residents because he and his wife have two children and cannot afford to pay a tap fee of $2,000. Hearing no further comments, Chairman Davis requested direction from the Board. Vice-Chairman Greer advised that if the County is going to continue to provide sewer to Kings Grant or any other area, the tap fees will have to be increased. Commissioner Pritchett noted that if the Board decides to implement the new tap fees, she would suggest the fee to become effective January 1, 2003. Motion: Vice-Chairman Greer MOVED, SECONDED by Vice-Chairman Pritchett, to amend Section 56-315 of the County Sewer System Ordinance to increase the proposed tap fees to become effective January 1, 2003. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Boseman voted in opposition. Since the ordinance did not receive a unanimous vote on the first reading, a second reading will be required on April 15, 2002. 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. Discussion of Odor at the New Hanover County Courthouse Ms. Mandy Dunnigan, a real estate paralegal, spoke on the odor problem at the New Hanover County Courthouse and stated that she and other workers have become sick from inhaling the air. After working eight to nine hours a day, she is now using an inhaler two or three times a day because of lung damage. She requested the Commissioners to address this important issue at the next meeting of the Board. Chairman Davis advised that tests are being made and the Board will thoroughly investigate this issue once the information has been gathered. He expressed appreciation to Ms. Dunnigan for her remarks. Report by David W. Carnell on the Remaining Space at the New Hanover County Landfill Mr. David W. Carnell, a resident of 322 Pages Creek Drive, reported that during the past two years, numerous discussions have occurred on the remaining space in the New Hanover County Landfill with various responses received. After checking the tax records, it was found that in 1981, the County purchased 461 acres and in 1998, an adjacent 273 acre site was purchased for $1,345,000. After checking the 1977 Soil Survey of New Hanover County, the maps show that the parcels are all sandy soil except for the adjacent swampland. According to a diagram provided by Mr. Ray Church, the Landfill is comprised as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 106 •Parcel I had 130 acres of permitted land left out of the 186 acres originally judged useable. •Parcel 2 has 176 acres judged useable, which are not yet permitted. *This means that New Hanover County owns 689 acres of which 56 acres have been used, 327 acres are unusable low land, and 306 acres are judged useable once permitted. The New Hanover County Solid Waste Financial Review clearly shows that operating the incinerator at high rates in FY 1998-1999 and disposing of the ash in the Landfill severely reduced landfill capacity. At 270,000 tons per year and the 71,000 tons per acre during FY 2000, disposing of all the waste in the Landfill would consume 3.8 acres per year of landfill space. As of mid-FY 2000, the 130 acres of permitted space in the current landfill tract would last 34 years or until 2034. The 176 acres of the reserve tract would provide 46 more years of capacity at the current rate until 2080. Catching up with the newest technology in landfills by converting our “dry tomb” to a bio-reactor landfill would further increase the landfill life, greatly reduce the post-closure monitoring time, and allow the County to achieve the State’s waste reduction goal. In closing Mr. Carnell advised that the February 18, 2002, New Hanover County Solid Waste Financial Review contains numerous accounting inconsistencies that favor the incinerator. Correction of inconsistencies would show a considerable incentive for closing the incinerator and disposing of all solid waste in the New Hanover County Landfill. Chairman Davis expressed appreciation to Mr. Carnell for his remarks. Discussion of Purchasing Procedures in the IT Department Mr. Jon DeFaut, a former County employee, informed the Board that he worked for New Hanover County in the IT Department for the past 6 ½ years with his primary job being telephone communications. During this period, an effort was made to save money for the County, and any suggestions made were ignored by the IT Director Bill Clontz. He presented some examples where money could be saved: •New Hanover County pays the State $1,320 per month for Internet Access. AT&T, MCI, and Sprint offer the same access for $800 per month. •The cost of a cell phone is $29.95 or $199.00. Between November, December, and January, employees were ordering $199.00 cell phones during a budget crunch. When brought to the attention of IT Director Clontz, nothing was done. •Flat panel computer monitors are much more expensive than regular monitors. A regular 17-inch monitor at Circuit City or Best Buy ranges from $149 to $200. A flat 17-inch monitor cost $492. Many of the flat monitors have been purchased, which are not necessary. In concluding the presentation, Mr. DeFaut stressed the importance of trying to purchase good equipment at less money to save money for the County and for the taxpayers. Chairman Davis requested the County Manager to look into the remarks made by Mr. DeFaut. Establishment of a No Wake Zone at Mason’s Creek Dr. Robert A. Parr, requested the County to work with the N. C. Wildlife Resource Commission to establish a no wake zone at Mason Creek since Mason Inlet has been reopened. This action has created a navigation creek going to an inlet that will be heavily used by boaters. The first step in securing a no wake zone is for the New Hanover County Board of Commissioners to adopt a resolution to request the Wildlife Resources Commission to investigate the area to see if a no wake zone should be established. He requested the Commissioners to pursue this action. Dr. Parr also commented on filling the vacancy on the Unified Development Ordinance Committee and noted that the name of Dr. Ernie Carl has been suggested as a replacement. He expressed concern for considering Dr. Carl since he was a key player in the “Bostic” Road fiasco that was built over wetlands at North Topsail Beach and was also involved with the Thermal-Kem problem. With his past record, Dr. Carl would not be a suitable person to serve on the committee. ADDITIONAL ITEMS Signage on the Highway 421 North Firing Range Commissioner Pritchett requested the Board to post bilingual (Spanish) signs at the new firing range to protect the public. Consensus: It was the consensus of the Board to request staff to proceed with posting bilingual signs. Announcement of Quality of Life Conference to be Hosted by UNCW After hearing from Commissioner Pritchett about the County becoming one of the co-sponsors for the first annual Quality of Life Conference for Southeastern North Carolina hosted by UNCW, the Board agreed to participate as a co-sponsor and post this event on the County website and New Hanover County Public Access Channels. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, MARCH 25, 2002PAGE 107 Discussion of Hearing Appeals for Beau Rivage Plantation Chairman Davis advised that Attorney Susan J. McDaniel has presented an appeal of the decision made by the Technical Review Committee on the updated and revised plan for Beau Rivage Plantation and the preliminary plat for Carolina Green Estates at Beau Rivage. He requested the Board to decide when these appeals should be heard. Consensus: It was the consensus of the Board to hear the appeals on May 6, 2002. Discussion of 911 Wireless Fund Commissioner Boseman asked if the State planned to keep another $125,000 from the 911 Wireless Fund. Deputy County Manager Atkinson responded that the State could withhold the money. MEETING RECESSED FOR LUNCH Chairman Davis recessed for lunch from 1:30 P.M. until 2:25 P.M. Chairman Davis convened to Regular Session and convened to a Special Session to hold a meeting with the Planning Board from 2:25 P.M. until 3:50 P.M. MEETING CONVENED FROM REGULAR SESSION TO HOLD A CLOSED SESSION Chairman Davis requested a motion to convene to Closed Session pursuant to N.C.G.S. 143-318.11(5) to consider a real estate acquisition. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to hold a Closed Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened from Regular Session to Closed Session at 3:50 P.M. Chairman Davis reconvened from Closed Session to Regular Session at 4:45 P.M. He announced that no official action was taken in Closed Session but staff was authorized to proceed with negotiating a real estate acquisition. ADJOURNMENT Chairman Davis called for a motion to adjourn. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 4:47 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board