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HomeMy WebLinkAbout2002-08-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 291 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 19, 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. Chairman Davis called the meeting to order and welcomed everyone present. He requested persons with cell phones or pagers to cut off the equipment to prevent being disruptive during presentations and deliberations by the Board of County Commissioners. INVOCATION AND PLEDGE OF ALLEGIANCE Mr. Carl Byrd, Director of Human Relations, gave the invocation. Commissioner Caster 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. Vice-Chairman Greer requested removal of Consent Agenda Item 3 for discussion and a separate vote. After hearing no further comments, Chairman Davis called for a motion to approve the items on the Consent Agenda with the exception of Item 3. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to remove Item 3 from the Consent Agenda and approve the remaining items on the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Resolution to Participate in the N. C. Local Government Debt Setoff Program The Commissioners adopted a resolution authorizing County Staff to prepare the necessary documents to participate in the Debt Setoff Program as authorized by N.C.G.S. 105A to set off certain debts owed against a debtor’s tax refund. The Chairman was authorized to execute the necessary documents to participate in the program, and the County Manager (or his designee) was designated to hold hearings and conduct the necessary proceedings. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 25.1. Acceptance of Retired Senior Volunteer Program (RSVP) Grant for FY 2002-2003 and Approval of Associated Budget Amendment # 03-0003 The Commissioners accepted the RSVP Grant for FY2002-2003 in the amount of $57,000 and approved associated budget amendment #03-0003. The County's contribution is included in the RSVP budget for 2003. The grant supports funding for approximately 600 volunteers working in New Hanover County, and this is the third year of a three-year grant cycle. Since $54,808 has already been budgeted, the budget amendment is for the difference between the budgeted amount and the amount of the actual grant award. Budget Amendment #03-0003-Aging AdjustmentDebitCredit RSVP Grant$2,192 Salaries $3,543 Contracted Services$ 150 Telephone $ 211 Printing$ 361 Training and Travel$ 270 Volunteer Mileage$2,343 Explanation: To increase the budget to the actual amount of grant award for FY 2002-2003. Adoption of Resolution to Build Animal Control Spay/Neuter Facility and Approval of Associated Budget Amendment #03-0024 The Commissioners adopted a resolution authorizing the construction of an Animal Control Spay/Neuter Facility subject to the following conditions: (1) utilize Property Management Department as the contractor and work force; (2) approve the project budget and associated budget amendment #03-0024; (3) award contract #03-0034 to Sweeney-Henderson Architecture, PA, to provide architectural services; and (4) authorize the Animal Control Services Director, Health Department Director, Finance Director and County Manager to act on behalf of the County regarding management and construction of the building. The Chairman was authorized to execute the necessary documents. The estimated cost of the project is $54,900 which includes cost for construction of the facility and a contingency of $8,400. Donations and money accumulated in the Animal Control Trust Fund for improvements over NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 292 the years will be used to pay for the new facility. Budget Amendment #03-0024-Public Health/Animal Control AdjustmentDebitCredit Other$54,900 Other Improvements$54,900 Explanation: To budget donations received to improve conditions for animals through Animal Control Services. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 25.2. A copy of the contract is on file in the Legal Department. Acceptance of FY 2002-2003 HUD Cooperative Agreement Continuation Grant for the Human Relations Department and Approval of Associated Budget Amendment #03-0016 The Commissioners accepted a HUD Cooperative Agreement Continuation Grant to Human Relations Department in the amount of $51,500 and approved associated budget amendment #03-0016. Budget Amendment #03-0016-Human Relations-HUD AdjustmentDebitCredit HUD Grant$1,500 Travel and Training$1,500 Explanation: To increase the budget to the actual amount of FY 2003 HUD grant award. (Budgeted at $50,000; actual amount of award is $51,500). Approval of Change in Positions Funded by the N. C. Grassroots Science Collaborative Grant from Temporary to Regular Positions The Commissioners approved changing the status of three positions at the Cape Fear Museum funded by the N. C. Grassroots Science Collaborative Grant from temporary to regular employees. The incumbents will be allowed to participate in the N. C. Local Governmental Employees' Retirement System, and will be enrolled in that system in accordance with existing County policy. In addition, the incumbents will be required to sign a statement acknowledging that even with the position status change, it is understood that continued employment is subject to acceptable performance and the availability of grant funds. Approval of Collection Settlement Reports for 2001 and Charge the Collector of Revenue with the 2002 Tax Levy The Commissioners approved the Collection Settlement reports for 2001 and charged the Collector of Revenue, Patricia J. Raynor, with the 2002 tax levy. Copies of the reports and charge to the Collector of Revenue are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVII, Page 25.3. Release of Tax Values - Tax Department The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers: Benson, Mary Padrick$ 40,593 Brinkley, Joyce$ 67,975 Broome, Elizabeth A.$ 55,291 Cuilwik, Rosalie M.$ 86,269 Fountain, Lynn B.$ 1,630 Gaines, Theddius S.$ 31,850 Givens, Major J.$ 56,178 Greene, Bernice W.$ 20,000 Harris, Jeanette Roberts$ 43,986 Johnes, Paul$213,796 Justice, Marguerite$ 25,038 Kroeker, Dorothy L.$ 44,354 Rivenbark, Marie M.$ 20,000 Smith, Edward S. Elnora L.$ 46,598 Whatley, Margie Long$ 64,466 The Commissioners released the following taxpayers from late listing penalties as it was their first offense: Akin, Mark K. Business$ 16.65 Carolina Beach Grocery Co.$ 15.32 Computer Connections, Inc.$ 3.68 Craig, Kathleen Weibel$ 3.48 Cranfill, Sumner & Hartzog, LLP$ 11.12 CRS, LAS Inc.$210.89 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 293 Eastern Aluminum Supply, Inc.$ 6.92 Flint, Samuel A. Jr. Evelyn$ 7.71 Kilmar, Inc.$ 2.55 Medac$105.87 Medac Corporate Health$ 6.38 Medac II$115.62 Powell, William Douglas$ 3.83 Printers Alley$ 16.87 Regis Corp.$ 24.79 Southwind Equipment Leasing, LLC$ 33.47 Taltons Clearing Cont. Inc.$131.10 Trade Secret$ 48.77 The Commissioners approved delinquent applications for exemption from the property tax for the following organization: Wilmington Zion Housing Development CorpRO4809-030-003-000 RO5406-013-012-000 Acceptance of Tax Collection Reports As of June 30, 2002 and July 31, 2002 The Commissioners accepted the following Tax Collection Reports as of June 30, 2002 and July 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 25.4. Authorization for the Library to File an Application for State Aid to Public Libraries The Commissioners authorized the New Hanover County Public Library to file the Maintenance of Effort Report & Declaration and State Aid applications so New Hanover County can receive its share from the Aid to Public Libraries Fund. The signed forms must be submitted by August 28, 2002. The Library anticipates receiving $178,253 for fiscal 2002-2003. This amount has been included in the Library's 2003 budget. State Aid has been reduced because New Hanover County reduced its local appropriation for fiscal year 2003 by $210,855. Approval of Budget Amendment #03-0019-Cooperative Extension The Commissioners approved the following budget amendment: Budget Amendment #03-0019-Cooperative Extension AdjustmentDebitCredit Revenue-Other$45,000 Cooperative Extension Expense$45,000 Explanation: To establish the budget for FY 2002-2003 for extended projects of Cooperative Extension. Approval of Budget Amendment #03-0013-Various Departments The Commissioners approved the following budget amendment: Budget Amendment # 03-0013-Various Departments Adjustment Debit Credit General Fund: County Commissioners: Appropriated Fund Balance$1,274,582 NHC-TV: Administrative Reserve$ 90,000 Information Technology: Contracted Services$ 100,000 Board of Elections: Temporary Salaries$ 120,000 Rent$ 2,750 Equipment Rent$ 12,000 Contracted Services$ 22,167 Postage Expense$ 11,600 Printing Charges$ 112,000 Departmental Supplies$ 8,000 Public Safety Communications: Computer Expenses$ 4,456 Capital Outlay - Equipment$ 72,588 Juvenile Day Reporting Center: Building Modification$ 76,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 294 Budget Amendment # 03-0013-Various Departments (Continued) Adjustment Debit Credit Airlie Gardens: Contracted Services$ 130,000 M & R - Buildings & Grounds$ 128,000 Public Health/Administration: Computer Expenses$ 23,289 DSS/Adoption Assistance: Special Child Adoption$ 39,232 Parks: Other Improvements$ 26,500 Museum: M & R - Buildings & Grounds$ 296,000 Environmental Management Fund: Appropriated Fund Balance$ 16,235 Waste To Energy: WASTEC-Maintenance: M & R - Equipment$ 16,235 Water & Sewer District Fund: Appropriated Fund Balance$1,085,000 Water & Sewer Engineering: Capital Project Expense$1,085,000 Explanation: To rollover the following expenditures from FY 2001-2002 to FY 2002-2003. The above items were budgeted in FY 2001-2002, but completion of the transaction or project did not occur prior to June 30, 2002. General Fund: NHC-TV: Funds for continued improvements in NHC-TV. Information Technology: Funds for e-government. Board of Elections: Funds for primary election postponed from FY 2001-2002 to FY 2002-2003. Public Safety Communications Center: Funds to continue the Computer Aided Dispatch upgrade. Juvenile Day Reporting: Funds for continued renovation of building. Airlie Gardens: Funds for maintenance and improvements to gardens. Public Health: Funds for continued installation of a computer system started in FY 2001-2002. Department of Social Services: To carry over unexpended grant funds the County received from a Special Child Adoption Fund. Parks: Funds for drainage and ball field improvements at Hugh MacRae Park. Museum: Funds for stucco repair. Environmental Management: Funds for the completion of the bag houses. Water & Sewer District: Funds for capital projects. Approval of Budget Amendment # 03-0017-Aging The Commissioners approved the following budget amendment: Budget Amendment # 03-0017-Aging AdjustmentDebitCredit Other revenue-Senior Center$1,100 Temporary Salaries$1,100 Explanation: To budget funds received from the sale of Ensure to cover cost of Senior Center temporary staff to handle the switchboard for two hours per day. Approval of Budget Amendment # 03-0018-Library-Partnership for Children The Commissioners approved the following budget amendment: Budget Amendment # 03-0018-Library-Partnership for Children AdjustmentDebitCredit Partnership for Children Grant$ 2,968 Salaries$21,554 Temporary Salary$20,318 FICA$ 95 Retirement$ 1,213 Disability Insurance$ 46 Telephone$ 100 Printing$ 187 Supplies$ 342 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 295 Budget Amendment # 03-0018-Library-Partnership for Children (Continued) AdjustmentDebitCredit Books$ 4,478 Employee Reimbursements$ 376 Training and Travel$ 75 Explanation: To increase the budget to the actual amount of the grant award for first quarter of FY 2002-2003. Approval of Budget Amendment # 03-0020-Juvenile Day Reporting Center-Governor’s Crime Commission The Commissioners approved the following budget amendment: Budget Amendment # 03-0020-Juvenile Day Reporting Center-Governor’s Crime Commission AdjustmentDebitCredit GCC Grant$10,330 Salaries$7,946 FICA$ 608 Retirement$ 860 Medical Insurance$ 916 Telephone$1,200 Cellular Expense$1,200 Postage$ 600 Supplies$ 5,400 Books/Periodicals$2,280 Dues and Subscriptions$ 120 Explanation: To adjust the budget to the actual amount of the grant award for FY 2002-2003. The budgeted amount was $334,852 and the actual grant award was $345,182. Approval of Budget Amendment # 03-0021-Various Departments The Commissioners approved the following budget amendment: Budget Amendment # 03-0021-Various Departments AdjustmentDebitCredit General Fund: County Commissioners Appropriated Fund Balance$980,379 NHC-TV: Capital Outlay - Equipment$12,666 Information Technology: Contracted Services$36,511 M & R - Equipment$ 8,968 Departmental Supplies$ 4,121 Computer Expenses$45,385 Capital Outlay - Equipment$15,520 Tax: Other Improvements$12,744 Board of Elections: M & R - Equipment$ 1,118 Register of Deeds: Contracted Services$27,639 Computer Expenses$ 9,559 Capital Outlay - Equipment$ 8,945 Property Management: Contracted Services$15,583 M & R - Buildings & Grounds$95,712 M & R - Street Signs$ 6,340 Building$49,329 Parking Lot$15,360 Non-Departmental: Miscellaneous$17,820 Other Improvements$17,823 Public Safety Communications: Departmental Supplies$ 1,915 Contributions To Outside Agencies$12,492 Computer Expenses$70,544 Sheriff/Administration: Computer Expenses$10,177 Sheriff/Jail: M & R - Buildings & Grounds$ 2,800 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 296 Budget Amendment # 03-0021-Various Departments (Continued) AdjustmentDebitCredit Sheriff/Uniform Patrol: Auto Supplies$ 300 Motor Vehicle Purchases$14,766 Courts/Clerk of Superior Court: Departmental Supplies$ 1,277 Inspections: Computer Expenses$ 8,049 Planning: Contracted Services$ 9,163 Airlie Gardens: Advertising Cost$ 1,130 Contracted Services$76,456 M & R - Buildings & Grounds$85,490 Printing Charges$ 3,743 Computer Expenses$ 737 Departmental Supplies$ 6,858 Signage$13,850 Public Health/Vector Control: M & R - Buildings & Grounds$ 1,781 Other Improvements$ 600 Public Health/Bioterrorism: Other Improvements$ 900 Computer Expenses$ 5,400 Public Health/Administration: Other Improvements$22,275 Computer Expenses$ 1,474 Public Health/Board Members: Contracted Services$42,500 Public Health/Epidemiology: Contracted Services$56,000 M & R - Equipment$ 2,500 Departmental Supplies$42,731 Capital Outlay - Equipment$ 5,000 Social Services/Administration: Contracted Services$13,681 Computer Expenses$ 5,838 Aging/Senior Center: Computer Expenses$ 1,940 Parks: Contracted Services$ 8,345 Radios$ 1,980 Other Improvements$12,250 Museum: Contracted Services$10,044 M & R - Buildings & Grounds$ 7,798 Printing Charges$ 4,500 Departmental Supplies$ 6,918 Computer Expenses$ 2,508 Capital Outlay - Equipment$ 2,526 Fire District Fund/Fire Departments: Appropriated Fund Balance$21,163 Contracted Services$ 2,800 Radios$ 1,086 Firefighting Supplies$ 4,570 Computer Expenses$ 6,607 Fire Services Operations: M & R - Equipment$ 352 Departmental Supplies$ 3,253 Firefighting Supplies$ 2,495 Environmental Management Fund: Landfill Operations: Appropriated Fund Balance $560,510 Contracted Services $327,252 WASTEC/Administration: Contracted Services$ 47,800 WASTEC/Maintenance: Contracted Services$ 13,894 M & R - Buildings & Grounds$ 2,000 M & R - Equipment $169,564 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 297 Budget Amendment # 03-0021-Various Departments (Continued) AdjustmentDebitCredit Water and Sewer District Fund: Appropriated Fund Balance $211,055 Water and Sewer Engineering: Contracted Services$115,864 Contracted Services.-Test/Water System$ 13,877 Sewer Treatment Charges$ 2,543 M & R - Equipment$ 12,089 Departmental Supplies$ 992 Capital Project Expense$ 4,995 Capital Outlay - Equipment$ 60,695 Explanation: To budget appropriated fund balance for outstanding purchase orders as of June 30, 2002. The amounts should be added to each appropriation as it appears in the budget ordinance in order to account for the payment against the fiscal year in which it was paid (adopted in the budget ordinances for FY 2002-2003 dated June 17, 2002). Approval of Budget Amendment #03-0022-Social Services/Administration/Crisis Intervention Program The Commissioners approved the following budget amendment: Budget Amendment #03-0022-Social Services/Administration/Crisis Intervention Program AdjustmentDebitCredit DSS Administrative Grants$33,094 Assistance Payments$33,094 Explanation: To budget additional state dollars for the Crisis Intervention Program. No additional County funds are required. Approval of Budget Amendment # 2003-02-Sheriff-Federal Forfeited Property The Commissioners approved the following Budget Amendment: Budget Amendment # 2003-02-Sheriff-Federal Forfeited Property AdjustmentDebitCredit Federal Forfeited Property$3,612 Interest Earnings 2,470 Extended Project Expense$6,082 Explanation: To increase the budget for additional revenue received and budget interest earned on the project. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #2003-03-Sheriff-Controlled Substance Tax The Commissioners approved the following Budget Amendment: Budget Amendment #2003-03-Sheriff-Controlled Substance Tax AdjustmentDebitCredit Controlled Substance Tax $1,532 Interest Earnings 2,370 Extended Project Expense$3,902 Explanation: To increase the budget for additional revenue received and to budget interest earned on the project. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as deemed necessary by the Sheriff. Approval of Budget Amendment #2003-04 for the Tidal Creeks Capital Project/Airlie Gardens The Commissioners approved the following budget amendment: Budget Amendment #2003-04 for the Tidal Creeks Capital Project/Airlie Gardens AdjustmentDebitCredit Tidal Creeks: Capital Project Expense$40,000 Transfer to General Fund (Airlie Gardens)$40,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 298 Budget Amendment # 2003-004 Tidal Creeks Capital Project/Airlie Gardens (Continued) AdjustmentDebitCredit Airlie Gardens: Transfer in from Capital Project (Tidal Creeks)$40,000 Salaries$40,000 Explanation: To adjust the Tidal Creeks Capital Project budget and Airlie Gardens operating budget to reflect the transfer of $40,000 from the capital project to Airlie Gardens to cover the salary/fringe of an Environmental Educator/Volunteer Coordinator position approved by the Board of County Commissioners on April 1, 2003. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 3 - AWARD OF CONTRACT TO AIR TECHNIQUES, INC. TO UPGRADE THE CONTINUOUS EMISSION MONITORING SYSTEM AT THE WASTEC FACILITY, UNITS A1 AND 2A Vice-Chairman Greer objected to spending $300,000 to upgrade the two units with air emission equipment when the City and beach municipalities are paying for a study to determine the most economical way to dispose of solid waste. Commissioner Caster agreed with the remarks by Vice-Chairman Greer and stated time should be allowed for the study to be completed before spending $300,000. Chairman Davis asked Staff if delaying the work until the study has been completed by the municipalities would create a problem. Mr. John Hubbard, Plant Manager, responded that with a completion date of December 2004 for the upgrade, a delay of several months should not be a problem. The reason for proceeding with the continuous emission monitoring system (CEMS) upgrade is to assist the department with determining whether the nitrogen oxide equipment has to be installed. He also advised that the time table for installing the CEMS will be approximately four to five months. Commissioner Pritchett referenced the contract with Air Techniques, Inc. and asked if there was a cancellation clause. Mr. Hubbard responded that most contracts have a 30-day cancellation clause; however, since this company has performed other work at WASTEC, it might be possible to extend the cancellation period. In further discussion, County Manager O’Neal advised that the amount budgeted in the current fiscal year for the project is $340,000 and stated that the bid came in at $315,000 which is an excellent price for installing the equipment. If the project is delayed, the bid will not be valid and the project will have to be re-bid, which will probably increase the cost of the installation work. Chairman Davis commented on the public being concerned about emissions from the WASTEC Facility and noted that the upgrade will ensure that no harmful emissions are going into the air, which is of concern to everyone in the County. Chairman Davis asked if any other member of the Board would like to comment. Hearing no one speak, he called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a resolution to award the bid to Air Techniques, Inc. in the amount of $315,000 to upgrade the continuous emission monitoring system for Units 1A and 2A at the New Hanover County WASTEC Facility and to authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED 3 to 2. Vice-Chairman Greer and Commissioner Caster voted in opposition. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 25.5. A copy of the contract is on file in the Legal Department. PRESENTATION OF “CLASS ACT” AWARDS Chairman Davis requested County Manager O’Neal to provide a summary of the outstanding jobs being performed by the three employees selected to receive Class Act Awards. County Manager O’Neal stated that it was a pleasure to present awards to these three employees who have achieved the class act status. He requested Mr. Robert Ward, Maintenance Mechanic Supervisor at the WASTEC Facility, to step forward to receive an award. County Manager O’Neal informed the Board that Mr. Robert Ward has worked overtime identifying and repairing problems that were costing WASTEC and the County considerable losses in revenues. He has been instrumental in reducing maintenance overtime by directly supervising almost every major job or project requiring overtime. His ability to pull together a crew at the last minute to work late demonstrates his exceptional interpersonal skills with his staff. Many of the overtime hours worked by Mr. Ward have been on holidays and weekends, keeping him away from his family. His actions have saved WASTEC and New Hanover County thousands of dollars in avoiding costly delays and the use of expensive outside contractors. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 299 Chairman Davis, on behalf of the Board, presented a Class Act Award to Mr. Robert Ward and expressed appreciation to him for his outstanding job performance and supervisory skills that have saved a significant amount of money for the WASTEC Facility and New Hanover County. County Manager O’Neal requested Mr. Myron Geno Gore, Plant Maintenance Mechanic at the WASTEC Facility, to step forward to receive an award. County Manager O’Neal reported that on many occasions when WASTEC has experienced equipment failures that require working late into the night, Mr. Gore has been right there leading the way to make repairs. He has worked through holidays such as Christmas staying away from his family to repair equipment at WASTEC. He has worked through every hurricane during his employment at WASTEC, demonstrating his willingness to go above and beyond the call of duty for New Hanover County and the WASTEC Facility. His production is such that, when working the evening shift from 3:30 P.M. to 11:30 P.M., he generally gets more work accomplished than any other mechanic. This was demonstrated when he completely installed a large shaft, sprockets, bearings and gear reducer on a conveyor using only employees on his shift for help. Tasks of this magnitude normally require two experienced mechanics. Mr. Gore has a “can do" attitude and takes pride in completing tasks ahead of schedule. Chairman Davis, on behalf of the Board, presented a Class Act Award to Mr. Myron Geno Gore and expressed appreciation to him for his outstanding job performance and mechanical skills that have saved money for the WASTEC Facility and New Hanover County. County Manager O’Neal requested Mr. Billy Ray Hinson, Plant Maintenance Mechanic at the WASTEC Facility, to step forward to receive an award. County Manager O’Neal reported that Mr. Hinson is always one of the first to volunteer, setting an example for the rest of the crew. He is the only code welder at the WASTEC Facility, making him one of the County’s most valuable employees. His ability to perform code welding procedures, often in very dangerous and difficult environments, demonstrates his exceptional welding skills. In the area of reverse engineering and steel fabrication, his abilities are unparalleled. Mr. Hinson has received four letters of appreciation for previous exceptional performance. On several occasions, he has pulled together a team to make emergency repairs to get critical equipment back on line avoiding costly delays and use of expensive outside contractors. Chairman Davis, on behalf of the Board, presented a Class Act Award to Mr. Billy Ray Hinson and expressed appreciation to him for his outstanding job performance and welding skills that have saved money for the WASTEC Facility and New Hanover County. A round of applause was given to all three employees. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Years of Service David B. Dailey, Engineering Department 5 Shawndra L. Underwood, Department of Social Services 5 Sean D. Jones, Sheriff's Department10 George A. Canady, WASTEC Facility10 Kevin Foss, Sheriff's Department 15 Alexander Hawkins, WASTEC Facility 15 Benjamin S. Smith, Sheriff’s Department20 David Paynter, New Hanover County Library20 James Allen Golden, Inspections Department25 Joan CoCo, New Hanover County Library 30 Chairman Davis, on behalf of the Board, presented service awards to each employee and expressed appreciation to them for their dedicated years of service. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: Loraine Furr, Water & Sewer Finance Benjamin Bobzien, Fire Services Linda Retson, Health Department Gaysheron Bell, Health Department Jeffrey Williams, Inspections Department Melissa Thomas, Juvenile Day Treatment Center Rebecca Dotterer, Cape Fear Museum Eve Carr, Cape Fear Museum Jeffrey Zuege, Cape Fear Museum Thomas Malpass, Property Management Randy Tripp, Property Management Matthew White, Property Management Randall Hamilton, Property Management Gloria Bowens, Sheriff’s Department Nichole Burroughs, Department of Social Services NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 300 Chairman Davis, on behalf of the Board, welcomed these new employees to New Hanover County Government and wished them success with their new positions. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO THE FINANCE DEPARTMENT County Manager O’Neal reported that the Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports achieve the highest standards in government accounting and financial reporting. This is the 21st year that the New Hanover County Finance Department has received this outstanding award. Chairman Davis, on behalf of the Board, presented the award to Finance Director Bruce Shell and Assistant Finance Director Julie Griffin and complimented the Finance Department and its employees for receiving this outstanding accomplishment for 21 years. FIRST YEAR ANNIVERSARY OF THE NEW HANOVER COUNTY GOVERNMENT ACCESS TELEVISION Public Information Officer Mark Boyer reported on the success of the New Hanover County Government Access Television System during its first year of operation. He stated that since August 2001, regular meetings of the Board of County Commissioners have been aired and coverage has been expanded to include meetings of the New Hanover County Planning Board, public service announcements, town hall forums, and the production of informational and promotional videos for use by the public. Public Information Officer Boyer expressed appreciation to the Board of County Commissioners for appropriating funds to create the Access Television System and to the citizens for being persistent about Board meetings being televised. He also recognized Mr. Eric Peterson, his Technical Assistant who manages the control booth behind the camera, and stated that he had played a major part in making the first year such a success. In closing, a video was shown highlighting some programs that have been aired during the first year of the Access Television System. Chairman Davis, on behalf of the Board, expressed appreciation to Public Information Officer Mark Boyer and Technical Assistant Eric Peterson for the excellent job performed in creating a successful television system that allows County government to better communicate with its citizens. ACKNOWLEDGMENT OF NEW HANOVER COUNTY BOARD OF EDUCATION FY 2002-2003 BUDGET RESOLUTION Budget Director Cam Griffin presented the FY 2002-2003 Budget Resolution for the New Hanover County Schools that was adopted by the New Hanover County Board of Education on July 1, 2002 for the purpose of informing the Board of County Commissioners and the public. She stated that approval of the resolution is not required; however, the Board should acknowledge the resolution and approve the use of fund balance (local funds) in the amount of $1 million to fund current expenses in the FY 2002-2003 Board of Education budget. Commissioner Pritchett emphasized the importance of citizens understanding that the $1 million from the County was removed from an account set aside to be used for schools and does not reduce the amount of money contributed by the County to the New Hanover County School System. Chairman Davis complimented the Board of Education for the cooperative manner in which the budget was presented during a difficult budget year. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to acknowledge the Budget Resolution presented by the New Hanover County Board of Education. Upon vote the MOTION CARRIED UNANIMOUSLY. ADOPTION OF AMENDMENT TO CHAPTER 38, OFFENSES, ARTICLE IV, BREACH OF PEACE, NEW HANOVER COUNTY CODE ON FIRST READING Sergeant John Murray reported that deputies issuing citations are concerned about charging a set fine of $500 for breaching the peace. Most ordinances have graduated fines that begin at $100 for the first violation, $300 for the second, and $500 for the third violation. Normally, the $300 fine stops a person from committing future violations. Many breach of peace violations are involved with drug loitering or persons urinating in public. Currently, there is no statute on the books to criminally charge a person for breaching the peace, which is the reason for requesting the ordinance. Records are kept each time a deputy responds to a beach of peace call; therefore, it is not difficult for a deputy to check the CAD System to know when a person has committed a second or third offense. He requested the Board to consider a graduated fine approach for the first, second, and third violations. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to amend Chapter 38, Offenses, Article IV, Breach of Peace of the New Hanover County Code to reflect a graduated tier beginning with $100 for the first violation, $300 for the second violation, and $500 for the third violation. Commissioner Pritchett commented on the discharge of fire arms and suggested amending the motion to impose a set $500 fine for this violation. Amended Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to amend Chapter 38, Offenses, Article IV, Breach of Peace as presented with a graduated tier of $100 for the first violation, $300 for the second violation, and $500 for the third violation and amend Section 38.106(b) with a set fine of $500 for each discharge of firearms violation. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 301 A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 25.6. This amendment will be codified into the New Hanover County Code. REQUEST FOR ADDITIONAL DEPUTY AND BAILIFF POSITIONS TO SECURE AND MAINTAIN THE NEW JUDICIAL BUILDING EXPANSION TABLED UNTIL SEPTEMBER 16, 2003 County Manager O’Neal advised that Sheriff Lanier has removed this item from the agenda and requested the Board to consider it on September 16, 2002. Consensus: After discussion, it was the consensus of the Board to table this item until September 16, 2002. APPROVAL OF THE SOUTHEASTERN MENTAL HEALTH CENTER CONTINUING TO OPERATE AS AN AREA AUTHORITY Dr. Art Costantini, Director of the Southeastern Center, reported that House Bill 381, an Act to Phase in Implementation of Mental Health System Reform was ratified in October 2001. This legislation requires each Board of County Commissioners to declare and notify the Secretary of Health and Human Services of its intent to provide mental health services through an existing area authority, county program, or a multi-county interlocal agreement. A county program (single ) will provide services to local residents only and will be funded entirely by the County. In the multi-county scenario, services will be provided to several counties via one lead county; and the area authority serves multiple counties, with each county participating in the funding of the authority on a pro-rata basis. Choice of the structure requires service to a population of not less than 200,000 or a targeted minimum number of five counties served by the program. Under the existing structure, mental health services are provided to the citizens in New Hanover County via the Southeastern Center, an area authority, along with Brunswick County and Pender County. The Southeastern Center desires to continue providing services as an area authority. Commissioner Pritchett, the Commissioner Representative on the Southeastern Center Board of Directors, commented on the success of the Southeastern Center and requested the Board to allow this agency to remain as an area authority. Chairman Davis asked if any member of the Board would like to comment. Hearing no comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to declare and notify the Secretary of Health and Human Services that it is the intent of the New Hanover County Board of Commissioners to continue to provide mental health services to citizens of New Hanover County through the Southeastern Center, an area authority serving New Hanover County, Brunswick County and Pender County. Upon vote the MOTION CARRIED UNANIMOUSLY. AWARD OF THE CAPE FEAR MUSEUM EXTERIOR RENOVATIONS PROJECT CONTRACT TO PARAGON BUILDING CORPORATION Mr. Bruce F. Bowman, AIA with BMS Architects, PC, reported that the proposed metal clad system will provide a double wall insulated metal panel system with a 20-year finish warranty and 10-year weather tightness warranty. This product was bid under an alternate and after examination is determined to be a superior material. He requested the Board to award the base bid for the exterior metal clad system and Alternate G2 in the amount of $444,940. He suggested waiting to award Alternate G-1 for sidewalk repairs until more is known about the amount of framing repair that may be hidden in areas of the exterior wall of the building. The project should be completed in five months and the capital project budget should be sufficient to complete the exterior and sidewalk repairs. Chairman Davis asked if any member of the Board would like to comment. Commissioner Pritchett commented on discussing the product with a member of the Museum Board of Trustees and reported that the Trustees are pleased with the metal clad system recommended by Mr. Bowman. Vice-Chairman Greer asked if any money had been secured from the company that previously performed the stucco work. County Manager O’Neal responded that approximately $15,000 was recovered from that company. Hearing no further comments, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to award the contract for renovation of the exterior of the Cape Fear Museum building to Paragon Building Corporation, the lowest responsible bidder, in the amount of $444,940 and authorize the Chairman to execute the necessary contract documents. Upon vote the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. CONSIDERATION OF REQUEST FROM WILMINGTON HOUSING AUTHORITY FOR WAIVER OF INSPECTION PERMITS AND FEES Commissioner Boseman requested to be recused from voting since she has been involved with several issues regarding the Wilmington Housing Authority. Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, to recuse Commissioner Boseman from NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 302 discussing or taking action on this item. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Benjamin J. Quattlebaum, III, Executive Director of the Wilmington Housing Authority, explained that after being hired as the Director of Housing Authority on November 1, 2001, he inherited a backlog of unexpended funds for renovation and capital improvement work at existing development sites. In an effort to prevent losing the funds if the money was not obligated by March 2002, Staff worked diligently to be sure that contracts were awarded and the money was expended. The Housing Authority is requesting the Board to waive the inspection fees for existing projects in 2000 and 2001. In the future, the inspection fees will be included for all building projects. Chairman Davis requested an explanation of when the law changed to charge inspection fees to these types of organizations. Director of Inspections Jay Graham advised that a letter was received from the Attorney General in 1978 saying that housing authorities were exempt from all fees. The Attorney General at that time interpreted the statute to mean that housing authorities would not have to pay for permit and inspection fees. The writing of the law changed in the mid-90's and clearly noted that housing authorities were not exempt from permit and inspections fees; however, the intent of the law was to exempt housing authorities from paying taxes. At that time the New Hanover County Inspections Department changed its schedule and charged fees to the Wilmington Housing Authority. Chairman Davis asked when the Wilmington Housing Authority was notified of the change. Director Graham responded that discussion began at the end of last year and the beginning of this year. Discussion was held with the former Executive Director of the Housing Authority and a date of March 1, 2002 was set to begin charging fees. At that time, Mr. Quattlebaum contacted the Inspections Department and discussion was held on the change. All parties understand the dilemma of the Housing Authority; however, it is difficult to understand why grant funds cannot be used for construction costs, which include inspection fees. In further discussion, Chairman Davis noted that the Housing Authority has requested waiving $64,000 in fees and asked what period of time this waiver would represent. Director Graham responded that he was not sure and stated the $64,000 figure is an estimate based on services provided by the Inspections Department. The fees could range up to $80,000. After a lengthy discussion on this being a dilemma for the Housing Authority, Chairman Davis reminded all parties involved that technically, New Hanover County could go back to the mid-90's and recover the fees that should have been charged, which would be more than $64,000; however, the County is not interested in pursuing this issue. After hearing no further comments from members of the Board, Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to deny the exemption request by the Wilmington Housing Authority for inspection fees charged prior to March 1, 2002. Upon vote, the MOTION CARRIED 4 TO 0. Commissioner Boseman was recused from voting on this item. BREAK Chairman Davis called a break from 10:30 A.M. until 10:45 A.M. ESTABLISHMENT OF A PLANNING TASK FORCE TO DEVELOP A LAND USE PLAN FOR THE AREA AROUND THE U. S. HIGHWAY 17 BYPASS Assistant County Manager Dave Weaver reported at the June 17, 2002, meeting of the Board of County Commissioners, Staff was requested to prepare a recommendation for establishing a Planning Task Force to develop a land use plan for areas that will be impacted by the U. S. Highway 17 Bypass. After studying the issue, Staff recommends that the Task Force be comprised of two members of the Planning Board selected by that board and five citizens at-large selected by the Board of County Commissioners. Another alternative would be to allow the Planning Board to serve as the Task Force and present a recommendation to the Commissioners in July 2003. Chairman Davis asked if any member of the Board would like to comment. Commissioner Pritchett commented on the amount of development that will occur in this area during the next six months and suggested receiving a preliminary report by January 1, 2003, so the Commissioners will have some direction on how to address zoning issues in this area. Assistant County Manager Weaver advised that he felt a preliminary report could be provided by late January and stated that Planning Director Hayes and Mr. Rodney Harris, Chairman of the Planning Board, were present and could respond to this question. Commissioner Caster commented on the work already assigned to the Planning Board and asked Mr. Harris if a new assignment would be too much for the Board to handle with other planning responsibilities. Mr. Harris responded that discussion has been held by the Planning Board about serving as the Task Force because many members are interested in focusing on planning for specific areas of the County. Vice-Chairman Greer advised that he felt the Planning Board should become more involved in planning to avoid some of the situations that have occurred throughout the County. Mr. Harris agreed with Vice-Chairman Greer and advised that a plan should be developed as soon as possible. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 303 Over the years, many two lane roads have become major corridors and these areas are no longer suitable for residential development. If these areas are studied and a plan is prepared, the number of requests for special use permits should be reduced. The entire community needs to know where commercial and residential development should occur on remaining land left in New Hanover County. Commissioner Boseman spoke on not being in favor of the Planning Board serving as the Task Force because the public is concerned about future growth; therefore, five citizens should be appointed as at-large members. Commissioner Pritchett agreed with Commissioner Boseman and stated that public representation is needed. Further discussion was held on the composition of the Task Force. Assistant County Manager Weaver suggested appointing 5 at-large members and later appointing representatives from various categories. After discussion of allowing three weeks to advertise, Chairman Davis recommended establishing the Task Force and directing the Clerk to the Board to advertise for recruitment of applicants so the members could be appointed in October. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to form the Task Force as recommended with 7 members, 2 appointed by the Planning Board and 5 at-large citizens appointed by the Board of County Commissioners, to study not only the Highway 17 Bypass area but other areas in the County, and direct the Clerk to advertise as soon as possible so the appointments can be made by the Board. Commissioner Pritchett expressed concern for appointing a Task Force to study more than one area because of different interests in separate areas. She suggested establishing a Task Force to study the impact of the Highway 17 Bypass and later consider the appointment of another Task Force to study a specific area. Vice-Chairman Greer disagreed and stated that all areas should be studied for future development. Substitute Motion: After a lengthy discussion, Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to establish a Task Force comprised of 2 members of the Planning Board and 5 at-large citizens appointed by the Board of County Commissioners to plan for the impact of development around the U. S. Highway 17 Bypass, direct the Planning Board to appoint two members, direct the Clerk to the Board to advertise as soon as possible so appointments can be made on October 7, 2003, and request a preliminary report by March 2003 and the final report by July 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. After further discussion the Board agreed to request the Planning Board to make recommendations on other growth sensitive areas that might need to be reviewed by a Task Force. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis announced that Item 2 on the Water and Sewer Agenda pertaining to the final assessment for the Wilmington Hanby Beach Water and Sewer Project has been moved to the Regular Agenda since action by the Board of County Commissioners is required to confirm the final assessment and establish the payment term and interest rate. Chairman Davis convened from Regular Session to hold a regular meeting of the Water and Sewer District at 11:30 A.M. He reconvened to Regular Session at 11:36 A.M. COMMITTEE APPOINTMENTS ppointments to the Adult Care Home Community Advisory Committee A Chairman Davis announced that six vacancies needed to be filled on the Adult Care Home Community Advisory Committee. He reported that two applications were received with one applicant, Jennifer Marie Sanders, desiring to be reappointed. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to reappoint Jennifer Marie Sanders to serve a three-year term on the Adult Care Home Community Advisory Committee with the term to expire August 31, 2005, and appoint Mort Levine to serve an initial one-year term to expire August 31, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. After discussion on the importance of recruiting applicants to serve on the Adult Care Home Community Advisory Committee and Nursing Home Community Advisory Committee, Public Information Officer Mark Boyer was requested to use the Government Access Channels to inform the public about functions of these committees, and the Clerk to the Board, Lucie F. Harrell was requested to contact the newspaper about preparing an article in the volunteer section to encourage recruitment. Appointments to the Board of Mechanical Examiners Chairman Davis announced that three vacancies needed to be filled on the Board of Mechanical Examiners as follows: 1 - Mechanical Journeyman - Class I 1 - Mechanical Journeyman - Class II 1 - Mechanical Journeyman - Class III He reported that three applications have been received for the Class I Journeyman position, with one applicant, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 304 Charles T. Ohnmacht, Sr., being eligible for reappointment; three applications have been received for the Class II Journeyman position, with one applicant, Larry W. Lee, being eligible for reappointment; four applications have been received for the Class III Journeyman position with one applicant, Michael Joseph Hauk, being eligible for reappointment. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to reappoint Charles T. Ohnmacht, Larry W. Lee, and Michael Joseph Hauk to serve second terms on the Board of Mechanical Examiners in their respective categories, with the terms to expire August 31, 2004. Upon vote the MOTION CARRIED UNANIMOUSLY. Appointments to the Library Advisory Board Chairman Davis announced that four vacancies, including one unexpired term ending on August 31, 2004, needed to be filled on the Library Advisory Board. He advised that seven applications have been received with two applicants, Mary E. Hatcher and Robert E. Lenzner, being eligible for reappointment. Chairman Davis opened the floor to receive nominations. Chairman Davis nominated Mary Stewart Hood. The nomination was seconded by Commissioner Boseman. Commissioner Caster nominated Mary E. Hatcher and Robert E. Lenzner for reappointment. The nomination was seconded by Commissioner Boseman. Commissioner Pritchett nominated Allison Rankin. The nomination was seconded by Commissioner Caster. Commissioner Caster nominated Eleanore L. Lipscomb-Warren. The nomination was seconded by Commissioner Pritchett. There being no further nominations, Chairman Davis declared the nominations closed and called for a vote on the reappointment of Mary E. Hatcher. Vote: The Board voted unanimously to reappoint Mary E. Hatcher to serve a second term on the Library Advisory Board with the term to expire August 31, 2005. Chairman Davis called for a vote on the reappointment of Robert G. Lenzner. Vote: The Board voted 4 to 1 to reappoint Robert E. Lenzner to serve a second term on the Library Advisory Board with the term to expire August 31, 2005. Chairman Davis, Vice-Chairman Greer, Commissioner Caster, and Commissioner Pritchett voted in favor of the reappointment. Chairman Davis called for a vote on the appointment of Allison Rankin. Vote: The Board voted 4 to 1 to appoint Allison Rankin to serve a three-year term on the Library Advisory Board with the term to expire August 31, 2005. Commissioner Pritchett, Commissioner Boseman, Commissioner Caster, Vice- Chairman Greer voted in favor of the appointment. Chairman Davis called for a vote on the appointment of Mary Stewart Hood. Vote: The Board voted 3 to 2 to appoint Mary Stewart Hood to serve a three-year term on the Library Advisory Board with the term to expire August 31, 2005. Chairman Davis, Vice-Chairman Greer, and Commissioner Boseman voted in favor of the appointment. Chairman Davis called for a vote on the appointment of Eleanore L. Lipscomb-Warren. Vote: The Board voted 3 to 2 to appoint Eleanore L. Lipscomb-Warren to serve a three-year term on the Library Board with the term to expire August 31, 2005. Commissioner Caster, Commissioner Pritchett, and Commissioner Boseman voted in favor of the appointment. Chairman Davis announced that since a tie vote was received on the appointment of Mary Stewart Hood and Eleanore L. Lipscomb-Warren, the Board would have to re-vote to determine who would fill the remaining vacancy. He also requested the Board to designate the person who should fill the unexpired term. After discussion of Ms. Hatcher receiving a unanimous vote, Mr. Lenzner receiving four votes, and Ms. Rankin receiving four votes, the Board agreed to assign the unexpired term to either Ms. Hood or Ms. Lipscomb-Warren depending on the outcome of the vote. Chairman Davis called for a re-vote on the appointment of Eleanore L. Lipscomb-Warren. Re-Vote: The Board voted 2 to 3 to appoint Eleanor L. Lipscomb-Warren. Commissioner Caster and Commissioner Pritchett voted in favor of the appointment. Chairman Davis called for a re-vote on the appointment of Mary Stewart Hood. Re-Vote: The Board voted 4 to 1 to appoint Mary Stewart Hood to fill the unexpired term on the Library Advisory Board with the term to expire August 31, 2004. Chairman Davis, Vice-Chairman Greer, Commissioner Boseman, and Commissioner Caster voted in favor of the appointment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 305 Chairman Davis requested the Clerk to the Board to notify Ms. Hatcher, Mr. Lenzner, Ms. Hood, and Ms. Rankin of their appointments to serve on the Library Advisory Board. CONSIDERATION OF NAME FOR NEW COUNTY PARK Mr. Jim Medlin, a member of the New Hanover County Parks and Recreation Advisory Board, requested the Board of County Commissioners to consider naming the new County park located off I-40 after William David Halyburton, Jr., a Medal of Honor Recipient from World War II, who is a forgotten hero. He reported that Mr. Halyburton was a graduate of New Hanover High School, a member of Winter Park Presbyterian Church, and a candidate for the ministry under the care of the Wilmington Presbytery. He served in the U.S. Navy as a Pharmacist's Mate, Second Class and received the Medal of Honor while serving with a Marine Rifle Company in the 2nd Battalion, 5th Marines, 1st Marine Division, during action against enemy Japanese forces on Okinawa. After being struck by a Japanese bullet for a second time, he instantly placed himself in the direct line of fire and unselfishly sacrificed his life to save a fallen helpless marine on May 10, 1945. In closing, Mr. Medlin stated that naming a passive County park in recognition of Mr. Halyburton’s brave act would be an appropriate memorial to this Medal of Honor Recipient. Commissioner Caster spoke on confusion about inclusion of Mr. Halyburton’s service as part of the Veterans Park Complex and noted that Mr. Wilbur Jones, a local historian, has researched this issue and feels that Mr. Halyburton should be recognized at Veterans Park; however, if another park is named after Mr. Halyburton, this action will virtually remove his name from consideration. He suggested waiting because discussion is being held by the Board of Education and another opportunity could arise to honor this Medal of Honor Recipient at Veterans Park. Mr. Medlin responded that after discussing this matter with other veterans, it is felt that Mr. Halyburton should be honored now instead of waiting until some indefinite date. Chairman Davis advised that no one intentionally overlooked Mr. Halyburton, and stated that he would prefer to wait and see if there is an opportunity to honor Mr. Halyburton at Veterans Park since this is the appropriate place to recognize his act of bravery. Consensus: After a lengthy discussion on contacting the Board of Education about future plans for naming recreational fields, other buildings, or changing the name of Veterans Park Drive to Halyburton Drive, County Manager O’Neal was requested to contact the Board of Education about their plans to honor Mr. Halyburton and contact the Parks and Recreation Advisory Board about naming a park in honor of this Medal of Honor Recipient. The County Manager was requested to report back to the Board. PUBLIC HEARING TO CONSIDER TEXT AMENDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE AND SUBDIVISION ORDINANCE (A-33-20, 08/02) Planning Director Hayes reported that on July 8, 2002, the Board of County Commissioners continued this item until the August 19, 2002, meeting in order to allow time for Staff to provide more options concerning approval procedures for Subdivisions and Performance Residential project appeals. After surveying several urban counties throughout the State of North Carolina, the following recommendations were made by the Planning Staff and Planning Board. Planning Staff Recommendation: Reconstitute Technical Review Committee (similar to models used in Durham and Guilford Counties) to be comprised of five (5) members: Chairman of the Planning Board or that Board’s appointee; one member from the Technical Review Committee; one member from the Planning Staff; the Fire Marshal; and a representative from the Engineering Department. Decisions made by the Technical Review Committee could be appealed within 30 days to the Planning Board. If the appeal was not resolved at this level, it would be heard by the Board of County Commissioners. Planning Board Recommendation: Membership of the TRC would consist of the Planning Staff, one Planning Board member designated by the Chairperson, and other appropriate staff review agencies such as Engineering, Fire Services, and transportation who normally review subdivision plans. Appeals from the Technical Review Committee would be heard by the Planning Board as a Public Hearing item after the County Attorney determines that the appeal was properly filed. If the matter is appealed beyond the Planning Board, the County Commissioners should have the discretion to hear the appeal or send it to Superior Court. The Planning Board also recommends that future Technical Review Committee agendas be available on the County’s website and a presentation made by the Planning Staff on all Technical Review Committee approvals at each regularly scheduled Planning Board meeting. Chairman Davis requested clarification of the proposed TRC membership recommended by the Planning Board. Planning Director Hayes responded that the TRC membership would be comprised of five members: one member of the Planning Board; one member of the Planning Staff; and three other members from Engineering, Fire, and transportation. Commissioner Pritchett commented on the need for a Health Department representative and suggested a group of five floaters who would attend the meetings based on issues being discussed. Planning Director Hayes suggested assigning a core group and requesting other departments to participate based on the type of request under consideration. Chairman Davis advised that he would rather have a consistent group of five members. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 306 Planning Director Hayes directed the Board’s attention to Section 32-3(4) Notice of Appeal and stated that the new language specifies a time limit for an appeal and the correct form to use when appealing a decision of the TRC as prescribed by the County Attorney. The appeal must state the alleged error made by the TRC in rendering a decision, and the scope of the appeal must be limited to issues identified in the appeal form, unless permission is granted by the Chairman of the Board hearing the appeal to make additional arguments. Hearing no further comments from the Board, Chairman Davis opened the Public Hearing and requested all persons speaking to limit their remarks to three minutes. Ms. Jane Kopczynski, a resident of 340 Okochobee Drive, advised that the proposed amendments have been a coordinated effort by the Planning Staff, Planning Board, Legal Department and concerned citizens to present comprehensive changes to the planning process for New Hanover County. At the August 7, 2002 Planning Board meeting, citizens requested that10 to 15 minutes be reserved at TRC meetings for concerned citizens to present their opinions. This action would allow persons in opposition to speak and could reduce the number of appeals to the Planning Board. Ms. Kopczynski also expressed concern for allowing the appeal to be heard by the Planning Board and then forwarded directly to Superior Court if the case is not resolved. She stated that many citizens cannot afford to appeal a case to Superior Court and quoted John Gallsworthy as saying “the measure of a democracy is the measure of the freedom of its humblest citizens.” She urged the Board of County Commissioners to fulfill their obligations as elected officials and hear all zoning appeals. Vice-Chairman Greer asked Ms. Kopczynski why she felt the citizens would be better served if the appeals are heard by the Board of County Commissioners instead of Superior Court where legal interpretations on the requirements and regulations of the zoning ordinances are needed. He stated that frequently emotions tend to get in the way of the facts when the Board hears an appeal and the legal aspects of the appeal are not considered. Ms. Kopczynski commented on the cost involved with appealing a case in Superior Court and stated since the new regulations will require a form to be filled out and reviewed by the Legal Department before the appeal is considered, this procedure should address the legal aspects of the zoning case. Mr. John F. Feeley, a resident of 8313 Vintage Club Circle, spoke on the need for the Board of County Commissioners to hear from the people when a TRC decision is appealed. It is the responsibility of the County Attorney to advise the Commissioners of the legal aspects of a case when the Board is hearing an appeal. If the Board is not pleased with the existing ordinances, changes should be made; however, it is the responsibility of the Board to hear zoning appeals. Vice-Chairman Greer noted that most people do not attend TRC or Planning Board meetings because they know the Board of County Commissioners will be the final Board to render a decision on the appeal. Concerned citizens wait and present emotional presentations regarding surrounding neighborhoods and frequently do not consider the regulations of existing Zoning and Subdivision Ordinances. He expressed concern for establishing a system that will perpetuate this type of situation. Mr. Rodney Harris, Chairman of the Planning Board, stated that in past TRC meetings public comments have not been encouraged which has caused some disagreement throughout the community. If the Zoning Ordinance is changed according to the Planning Board recommendation, the public will be given 10 to 15 minutes to speak prior to a vote by the TRC. With regard to appeal procedures, the Planning Board feels that appeals should be received within 10 days after a decision is made by the TRC to prevent any changes being made on the subject property. The TRC or any other Board should not make decisions based on what they think or feel. Decisions should be based upon requirements and regulations delineated in existing Zoning and Subdivision Ordinances. The Planning Board and TRC do not make decisions whimsically and both groups strive to comply to the ordinances in place for New Hanover County. In further discussion on the number of days to appeal a decision rendered by the TRC, Mr. Harris stated that he felt an appeal should be filed within 10 days. Planning Director Hayes advised that he felt more time is needed to advertise so the public will know when the appeal will be heard. Commissioner Pritchett suggested including language that will require10 business days, which is actually two weeks. After hearing no further comments, Chairman Davis closed the Public Hearing and requested direction from the Board. County Attorney Copley suggested making two separate motions, one to determine the composition of the TRC and the second to amend sections of the Subdivision and Zoning Ordinances. Chairman Davis called for a motion. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adopt the recommendation of the Planning Board with the following exceptions: (1) appeals from the Planning Board will be heard by the New Hanover County Board of Commissioners; (2) the Notice of Appeal must be filed within 10 business days; and (3) the Technical Review Committee will be comprised of the Planning Director, Chairman of the Planning Board, Fire NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 307 Marshal, County Engineer, and a Metropolitan Planning Organization Transportation representative or their designees. Upon vote, the MOTION CARRIED UNANIMOUSLY. In discussion of the second motion, Planning Director Hayes explained that Section 102.4 in the Zoning Ordinance paraphrases the same wording in the Subdivision Ordinance under 32.3(4) pertaining to performance residential projects. The Notice of Appeal must be in a form prescribed by the County Attorney and must state the alleged error that the Planning Board or Technical Review Committee made in reaching a decision. It must also specify why the decision was in error. The scope of the appeal shall be limited to those issues identified in the appeal form, unless permission to make additional arguments is granted by the Chairman of the Board hearing the appeal. Motion: After further discussion, Commissioner Boseman, MOVED, SECONDED by Chairman Davis, to add Section 32-3(4), Notice of Appeal to the Subdivision Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amended Zoning and Subdivision Ordinances is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 25.7. MEETING RECESSED FOR LUNCH Chairman Davis convened from Regular Session at 12:45 P.M. for lunch. Chairman Davis reconvened to Regular Session at 1:25 P.M. ADOPTION OF A RESOLUTION TO APPROVE PROPOSED FINANCING FOR PURCHASE OF CORNING PROPERTY AT MARKET PLACE MALL AND THE FEDERAL POINT FIRE STATION AND APPROVAL OF BUDGET AMENDMENT #03-0027 Chairman Davis opened the Public Hearing. Finance Director Bruce Shell reported that in accordance with the resolutions adopted at the July 8, 2002, Board meeting, Staff has moved forward in securing financing proposals for the purchase of the Corning property and construction of the Federal Point Fire Station. The Public Hearing is a requirement that allows the public to comment on the financing of the two capital projects before the proposal is forwarded to the N. C. Local Government Commission for review and approval. The amount to be financed is $5,166,901 through an installment financing contract with BB&T for 18 months. Before the end of the 18-month period, the loan will be refinanced through Certificates of Participation. The purpose for using this method of financing is to keep issuance costs down and later blend these costs with other financing to avoid pre-payment penalties. This financing method will also keep the debt service requirement down until the project is ready for permanent financing. Vice-Chairman Greer requested Finance Director Shell to use some of the ABC money when permanent financing is secured for the Corning property. He also spoke on remaining contingency funds and suggested that in the future these monies should be used to reduce the debt service. Chairman Davis asked if anyone from the audience would like to speak. Hearing no comments, Chairman Davis closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution approving the proposed financing in the amount of $5,166,901 for the purchase of the Corning property at Market Place Mall and construction of the Federal Point Fire Station and approve associated Budget Amendment #03-0027. Upon vote the MOTION CARRIED UNANIMOUSLY. Commissioner Pritchett, echoed by Commissioner Boseman, congratulated Finance Director Shell for working out an exceptionally fine deal. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 25.8. Budget Amendment #03-0027-Governing Body-County Commissioners/Interest on Bonded Debt AdjustmentDebitCredit Appropriated Fund Balance$66,000 Interest on Bonded Debt$66,000 Explanation: To budget appropriated fund balance for debt service payments for purchase of Corning, Inc. building to be used as the County Administrative Annex Building. CONSIDERATION OF APPEALS TO LOT ASSESSMENTS FOR THE WILMINGTON HANBY BEACH WATER AND SEWER PROJECT Director of Engineering, Wyatt Blanchard, reported that subsequent to the completion of the water and sewer project at Wilmington Hanby Beach, now incorporated as parts of Carolina Beach and Kure Beach, an assessment was established on properties to pay for the cost of the project. An appeal period of June 17 - July 17, 2002, was established to allow any concerned lot owners in the referenced project to appeal the assessment placed on their property. Staff has received a total of eight appeals with six appeals pertaining to lots being partially or totally unbuildable because of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 308 easements required for beach re-nourishment. The appellants contend that due to these easements, they should not be assessed because building permits cannot be obtained and the land is of no value. Chairman Davis explained that the property owners appealing the assessment assert that the lots are not presently buildable because of the existence of either a beach re-nourishment easement or CAMA setbacks. The special assessment test set forth in N.C.G.S. Chapter 153-A, Article 9, requires that the property be charged if it benefitted from the provision of water and sewer. No adjustments are authorized in the General Statutes to exempt the property due to the existence of an easement on the assessed property. In this case, the availability of water and sewer is a benefit even if the utilities are not currently needed by the property owner. Chairman Davis asked if any of the following property owners who have submitted appeals would like to speak: Ms. Gladys BennisRO9206-002-022-000 Gary & Wendy DudleyRO9206-001-006-000 Lester C. & Frances B. HayesRO9206-001-012-000 Charles R. & Anne L. LemonRO9018-005-009-000 Jack & Tamsie LynchRO9018-011-008-000 RO9018-011-012-000 Helen WebbRO9205-009-005-000 After receiving a request to speak from Mr. Charles R. Lemon, the only property owner attending the meeting, Chairman Davis called for a motion on the remaining appeals. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to deny the appeals from Gladys Bennis; Gary and Wendy Dudley; Lester C. and Frances B. Hayes; Jack and Tamsie Lynch; and Helen Webb based upon N.C.G.S. Chapter 153A, Article 9. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Davis requested Mr. Lemon to make his presentation. Mr. Charles Lemon, a resident of 1415 Lake Park Boulevard, reported that his property was comprised of two lots, one on the street and the other adjacent to the beach. He was told that North Carolina General Statutes make no provisions for adjusting special assessment to address the existence of any easements nor does the legislation offer adjustments based on whether the lot is buildable. The General Statutes do not prohibit or deny such action. The only specified test is whether a property has benefitted from the availability of water and sewer. The local governing body determines if specific situations are beneficial to the property. Mr. Lemon asked how the availability of water and sewer has benefitted the property if it is not possible to connect the utilities. Under the Carolina Beach building ordinance, a lot 50 feet by 35 feet does comply to the code. In this case, the only ownership privilege of the two lots is to build a walkway, yet he and his wife are subject to a fine if they even step on the property. They are willing to pay for the usable 750 square feet of the land-locked lot, but not for water and sewer services to the CAMA controlled portion of the lots. County Engineer Blanchard spoke on understanding how Mr. Lemon feels because originally his property was set aside as two lots, and over time it became one lot because the lots were adjacent to each other. Discussion followed on whether there was some flexibility in the General Statutes to allow the Board of County Commissioners to evaluate the property. Deputy County Attorney Kemp Burpeau explained that the General Statutes say if the property is benefitted, the assessment must be applied. Discretion in determining what is a benefit is up to the Board of County Commissioners. At some point in the future, the tract might be buildable as CAMA lines and vegetation lines change. The Board would be within its rights to rule that because the waterfront property is adjacent to a lot that is buildable and it is under the same ownership, value has been created and it should be assessed. Many of these tracts were originally platted with one lot fronting the road and one lot fronting the water. Over the years, some lots have been combined and some kept as separate lots. If the Board treats the separate lots differently from the combined lots, it means that one lot would be treated differently from a neighboring lot. For that reason, the decision was made that if the lots are under the same ownership, the fairest thing is to determine the benefit or use following the General Statutes instead of looking at whether the lot is an old legal lot or whether it has been preserved or re-combined. Commissioner Caster expressed concern for not having some type of flexibility to assist a property owner in this situation, and he asked if the wetland portion of a lot is taxed when it is not buildable. Tax Administrator Glasgow responded that identified wetlands are taxed at $150 per acre. Vice-Chairman Greer stressed the importance of the Commissioners understanding that all properties in the area should be treated the same. Deputy County Attorney Kemp Burpeau advised that special assessment laws are complex and do not give much guidance or case law to assist in the process. The assessment procedure used will not work perfectly for all kinds of property. One option is to use the tax value which would cause oceanfront lots to pay a great deal more than those a few blocks behind them. Staff decided to use square footage including beach re-nourishment easements and setbacks which is more fair to oceanfront properties. After hearing no further comments, Chairman Davis called for a motion on the appeal presented by Mr. Lemon. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett to deny the appeal submitted by Mr. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 309 Charles R. Lemon and affirm the assessment to Tax Parcel ID RO-9018-005-009-000. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Caster voted in opposition. APPROVAL OF FINAL ASSESSMENT FOR WILMINGTON HANBY BEACH WATER AND SEWER PROJECT Finance Director Shell presented the final assessment for the Wilmington Hanby Beach Water and Sewer project and reported there are 1,147 parcels valued at $5.3 million, including water and sewer construction and various water and sewer taps. The preliminary assessment occurred on June 3, 2002, and some minor adjustments have been made. If the Board approves the final assessments, bills will be mailed on Friday, August 23, 2002. The property owners will receive a letter saying they have six months to pay the assessment before interest accrues. The property owners can pay the assessment or the County can assist them with establishing a payment schedule. The objective today is for the Board to determine the terms of the payment schedule. A 10-year period has been discussed with a 6% interest rate. Some of the Wilmington Hanby Beach property owners would like for the interest rate to be lowered, but Staff recommends keeping it at 6%. Bills will be mailed on February 1, 2003 to those who have not paid, with the first payment due in March to avoid interest being charged. It appears that an annual billing will be difficult for some property owners, so some thought has been given to using a quarterly billing system. The standard 50 x 100 foot lot (5,000 square feet) with one water and one sewer tap is assessed at $4,179. The monthly payment will be $46.45, quarterly payment $140, and annual payment $573. Chairman Davis spoke on wanting to assist the property owners with a payment schedule but stated that logistically numerous hours will be spent by Staff in preparing and mailing billings which is a cost that will be paid by the taxpayers. He suggested one annual billing. Motion: After further discussion, Chairman Davis MOVED, SECONDED by Commissioner Boseman, to approve the final assessment as presented and establish a term of 10 years at a fixed interest rate of 6% with billing on an annual basis. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Caster voted in opposition. Finance Director Shell reported that it was also necessary to approve waiving the interest for the first 6 months to allow those who wish to pay the entire amount up front to do so without incurring any interest charged. Amended Motion: Chairman Davis MOVED, SECONDED by Commissioner Boseman, to approve the final assessment as presented, establish a term of 10 years at a fixed interest rate of 6% with billing on an annual basis, and waive the interest for the first 6 months to allow property owners who wish to pay within that time frame to do so without being charged interest. Upon vote the MOTION CARRIED 4 to 1. Commissioner Caster voted no. A copy of the final assessment is on file in the Clerk’s office. NON-AGENDA ITEM Chairman Davis announced that time had been reserved for anyone from the audience to present an item that was not listed on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes. Ms. Sue Hayes, President of the Cape Fear River Watch, spoke on the Highway 17 Bypass Task Force and informed the Board that planning for development of this area was pushed by the Board of Realtors. She urged the Board to be sure that the scope of the Task Force follows the Wilmington-New Hanover County Comprehensive Land Use Plan and Unified Development Ordinance. The citizens appointed to the Task Force should be a diverse group because the plan for the bypass will have a tremendous impact on development in the northern part of New Hanover County. Chairman Davis, on behalf of the Board, expressed appreciation to Ms. Hayes for her remarks. ADDITIONAL ITEMS Letter from Malcolm Hunter Requesting a Meeting to Discuss the Public Defender Program Chairman Davis referenced a letter from Mr. Malcolm Hunter, Executive Director for the Public Defender Program, requesting a meeting to discuss the public defender proposal with the Board, and he requested the County Manager to follow up on this item. Area Growth Team Meeting in Leland Commissioner Caster announced that an Area Growth Team meeting was being held on August 20, 2002, at 4:30 P.M. in Leland, North Carolina, to discuss water quality and quantity issues. He noted that Mr. Kurt Taube, Director of the Lower Cape Fear Water and Sewer Authority, will be speaking on these issues. Discussion of Dog Exercise Area Commissioner Caster requested Staff to see if the lake and land recently purchased from the NCDOT could be a potential dog exercise area. He urged Staff and the Parks and Recreation Advisory Board to see if a place could be found for pet owners to exercise their dogs. County Manager O’Neal advised that since the lake is not a recharging lake, there would be a high risk for pollution and environmental problems if dogs are allowed to exercise in this area. Commissioner Caster requested Staff to inform the pet owners that the new park is not suitable for a dog exercise area. Chairman Davis agreed with Commissioner Caster and suggested requesting the Parks and Recreation Advisory NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 310 Board to search for a suitable place where pet owners can carry their dogs to run free and exercise. Commissioner Pritchett stated that re-opening doggie beach at Mason Inlet is still a possibility. Once the U. S. Fish and Wildlife Service completes the first year of monitoring, this agency may agree to have a portion set aside for doggie beach. Consensus: After further discussion, it was the consensus of the Board to request the Parks and Recreation Advisory Board to continue to explore a suitable place for doggie beach or exercise area. Discussion of Easement Owned by Nathan Sanders at Veterans Park Chairman Davis spoke on receiving a letter from Mr. Nathan Sanders regarding the easement on Veterans Park Drive and stated that this issue needs to be resolved because many citizens in the area are concerned about the road. Planning Director Hayes advised that New Hanover County did purchase the property from Mr. Sanders. At that time, it was decided that New Hanover County or Mr. Sanders would construct the road. Things have changed and there are now three access points that will come into play once a development plan is submitted to TRC for review. At this time, the Board has two choices: (1) wait until a development plan is submitted and work with the design; or (2) negotiate an arrangement with Mr. Sanders to prevent him from building road. Chairman Davis asked when the case with Mr. Sanders will be heard in Court. County Attorney Copley responded in the fall or late September. Chairman Davis stated that he felt the last letter from Mr. Sanders indicated that he would like to work out a satisfactory arrangement. Consensus: After further discussion, the County Attorney was directed to write Mr. Sanders a letter restating the previous offer to reimburse him the $41,166 withheld from the purchase price if the easement is returned to the County. Status on Natural Heritage Inventory Commissioner Boseman requested the status on the Natural Heritage Inventory which was funded last year. Planning Director Hayes responded that the County contracted with the State to perform the work and it will take approximately eight months to complete the inventory. Discussion of Study to Provide Water and Sewer to U. S. Highway 421 North Commissioner Boseman inquired about the status of a request by businesses on Highway 421 North to contact Representative McComas about conducting a study on the cost of running water and sewer lines to the area. Vice-Chairman Greer advised that County Engineer Blanchard is checking into this matter, but he does not feel this will be an advantage to the County. With the need to recruit industry to the area, this is another reason why the City and County should consolidate water and sewer functions. Chairman Davis asked if the Kings Grant Project would be negatively impacted by running water and sewer lines to Highway 421 North. County Manager O’Neal responded that only a certain amount of money is available for expanding water and sewer lines, and he offered to provide a financial report on the Water and Sewer District. Arts and Cultural Affairs Task Force Commissioner Boseman asked if the Board had responded to the memo sent by Mayor Peterson requesting participation by the County in the Arts and Cultural Affairs Task Force. Chairman Davis responded that he would rather stay focused on moving forward with consolidation in lieu of an in-kind commitment of $2,500. Consensus: After discussion, it was the consensus of the Board for the County Manager to prepare a letter informing Mayor Peterson that the County will not be able to participate in the Arts and Cultural Affairs Task Force. Annexation Case Submitted to Supreme Court Commissioner Boseman reported that the annexation case is being submitted to the Supreme Court. She noted that since she is licensed to practice before the Supreme Court, she planned to sign a brief on behalf of the petitioners. Additional 3% Room Occupancy Tax Commissioner Boseman advised that she received a call from Mr. Gary Doetsch, a member of the Carolina Beach Town Council, requesting that she and Chairman Davis meet with Senator Ballantine on Thursday morning at 9:00 A.M. to discuss the two bills introduced by Representative McComas and Representative Wright regarding an additional 3% Room Occupancy Tax for the City and beach municipalities. She expressed concern for having more than one agency to promote tourism for New Hanover County and stated these bills need to be discussed by the Board of County Commissioners. After further discussion, Commissioner Boseman offered to call Senator Ballantine and schedule a meeting to discuss the two bills. Discussion of Filling the Vacancy on New Hanover County Airport Authority NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 REGULAR MEETING, AUGUST 19, 2002PAGE 311 Commissioner Boseman requested the Board to be careful when appointing a person to fill the vacancy on the Airport Authority created by the resignation of Al Roseman. She expressed concern for the amount of money being spent on consultants when a competent staff should be doing the work. Effective Date for Implementing Technical Review Committee (TRC) Changes County Manager O’Neal reported at the request of the Planning Director, a motion needs to be made on an effective date of September 1, 2002, for implementing the TRC changes. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to implement the TRC changes effective September 1, 2002. Upon vote the MOTION CARRIED UNANIMOUSLY. Discussion of Joint Meeting with City Council to Discuss Consolidation County Manager O’Neal reported that after discussion with Mr. Ed Fare, the Interim City Manager, he would recommend scheduling a joint meeting with the City and County to discuss consolidation on Monday, September 16, 2002, at 2:00 P.M. After discussion, County Manager O’Neal was requested to schedule a joint meeting with the City Council on September 16, 2002, if this date is acceptable to the City Council. Mason Inlet Project Assistant County Manager David Weaver advised that New Hanover County is responsible for any shoaling in the Intracoastal Waterway associated with the Mason Inlet relocation project. The County has a contract with the Figure Eight Island Association to pay for correcting these shoaling problems. The Association would like to proceed to contract with a company in the area to perform the dredging. No formal action is required at this time because the County is waiting to receive final approval from the Corps of Engineers, Marine Fisheries and other agencies. Consensus: After further discussion, it was the consensus of the Board to allow the Figure Eight Island Association to contract with the company once approval has been received from the different agencies. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION Chairman Davis requested a motion to convene to Closed Session pursuant to N.C.G.S. 143-318.11(5) to discuss real estate matters. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to convene to Closed Session for the purpose stated. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 3:35 P.M. Chairman Davis reconvened to Regular Session at 4:55 P.M. He reported that during the Closed Session discussion was held on the purchase of various real properties. He requested a motion to purchase the Dobo property. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to instruct Staff to enter into a Buy and Sell Agreement with William Dobo and Robert Dobo in the amount of $600,000 for the purchase of three Hewletts Creek Watershed Millbrook tracts, totaling 16.94 acres, to improve the water quality in Hewletts Creek and for future passive recreational use with funding from the N. C. Clean Water Management Trust Fund grant subject to approval by the State of North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis called for a motion to purchase the Nathan Skipper property. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to enter into a Buy and Sell Agreement with Nathan Skipper to purchase approximately 13.63 acres of land located at the mouth of Foy Creek for a purchase price of $85,000 per acre for a total cost of $1,158,550 with the funding from the N. C. Clean Water Management Trust Fund grant subject to approval by the State of North Carolina, for the purpose of improving water quality in Foy Creek and for future passive recreational use. Upon vote, the MOTION CARRIED 4 TO 1. Vice- Chairman Greer voted in opposition. Chairman Davis called for a motion to instruct Staff to proceed with the sale of the Annex Building. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to instruct Staff to proceed with the sale of the Annex Building located at 414 Chestnut Street, Wilmington, North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 5:10 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board