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HomeMy WebLinkAbout2002-09-16 Special & Regular Me NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 323 ASSEMBLY The New Hanover County Board of Commissioners held a Special Meeting on Monday, September 16, 2002, at 8:00 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 stated that the Special Session was call to discuss the proposed Room Occupancy Tax (ROT) legislation. He welcomed N. C. House Representative Daniel F. McComas; N. C. House Representative Thomas E. Wright and Mayor Harper Peterson, City of Wilmington; Mayor Ray P. Rothrock, Town of Carolina Beach; Mayor Betty Medlin, Town of Kure Beach; and Mayor Avery Roberts, Jr., Town of Wrightsville Beach. Chairman Davis expressed appreciation to Representative McComas and Representative Wright for taking time to discuss the bills introduced for the additional 3% ROT for the City and beach municipalities. He requested Representative McComas to make a presentation on House Bill 1707. Representative McComas reported that House Bill 1707 institutes an additional 3% ROT over and above the existing 3% ROT. The proceeds will be distributed at the point of collection for each of the beach municipalities. Proceeds from the additional 3% ROT will be split 50% for tourism related expenditures and 50% for tourism promotion. The bill also creates a Tourist Development Authority (TDA) under the auspices of the County. The TDA will serve as the collecting point for the ROT and will determine how the proceeds collected will be expended. This is a companion bill to House Bill 1720 introduced by Representative Thomas Wright. The County Commissioners are being requested to support both bills to assist with passage of the legislation. Chairman Davis asked if there would be a problem with combining HB 1707 and HB 1720 into one bill to meet the needs of all four municipalities. Representative McComas responded that he would not have a problem with both bills being combined. Commissioner Caster asked if the additional 3% ROT would impact or change the existing 3% ROT. Representative McComas assured the Board that the existing 3% ROT will remain in place with 60% for beach renourishment and 40% for tourism. The proceeds from the additional 3% ROT will be 50% for tourism related expenses and 50% for tourism promotion within each beach municipality where the ROT is collected. The beach communities have requested an amendment to change the formula to 60% for tourism related expenses and 40% for tourism promotion; however, it is doubtful that the amendment will pass. The TDA will determine how the proceeds can be used for tourism related expenses. Commissioner Boseman expressed concern for ROT funds being used by Topsail Beach to supplement the manager’s salary and asked if the TDA would have authority to release funds for this type of expenditure. Representative McComas responded that the intent of the bill is not for the proceeds to be used to supplement salaries. Even though the TDA does have authority to determine how the proceeds should be used, the Authority is under the auspices of the County and the Local Government Commission to provide a check and balance system. Commissioner Pritchett asked if the proceeds from tourism promotion within the beach municipalities would be administered by the TDA or by each individual beach community. Representative McComas responded that the TDA would administer the tourism proceeds for each beach community. Hearing no further comments, Chairman Davis requested Representative Thomas Wright to make a presentation on House Bill 1720. Representative Wright reported that House Bill 1720 enacts an additional 3% ROT for the City of Wilmington to be used solely for the purchase of land and construction, operation, and maintenance of a Convention Center. The County will collect the additional 3% ROT and set it aside in a special reserve account for the City. The County will receive an administrative fee each year. The City will have three years to develop a plan for the Convention Center and if the plan is accepted, the City can begin to move forward with planning for the fourth year. If the plan is not completed within this time frame, the County’s TDA will determine how the money will be used for tourism related expenditures. Representative Wright advised that if the City should not meet the requirements by the fourth year, he would move to abolish or repeal that particular part of the bill. He also stated that House Bill 1720 enacts the additional 3% ROT for the beach municipalities but does not outline how the proceeds should be expended; however, House Bill 1707 introduced by Representative McComas does establish how the proceeds should be used by the beach communities. In closing, Representative Wright advised that after serving in the House of Representatives for a number of years, he could assure the County that combining the needs of the City and beach communities into one bill will not receive approval by both chambers of the General Assembly. With current budget constraints, the mood of the General Assembly is to allow local governments to have additional revenue sources. A large number of local ROT bills have been enacted for local governments this year. The time is right, and it is necessary for the two bills to move forward NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 324 in the House. He stated that he would not be in favor of one bill because separate bills are needed to specify the needs of the beach communities and the need of the City to construct and operate a Convention Center for the entire County and surrounding areas. Chairman Davis referenced the fact that most convention centers cannot stand alone without a public subsidy and stated that he was concerned about New Hanover County having to subsidize the City for operation and maintenance of a Convention Center in the future years. He asked what will happen if the proceeds from the additional 3% ROT are not enough to support the Convention Center in the future. Representative Wright responded that the City of Wilmington has a specific time frame and guidelines that must be met. If the City fails to meet these obligations, the County has control, or the County’s TDA or CVB can determine how the funds will be expended. The funds are estimated to be approximately $4 million by the third year which should be sufficient to start the process. It is also an ideal time for the City to consider a public/private partnership, which usually works well for operation of a Convention Center. There is no way to know what the future will bring in five years; however, if the City cannot meet its obligations, the County will have $4 million to use for promotion of this wonderful community. After further discussion of combining the two bills into one bill, Representative Wright explained that four different bills could be prepared for each municipality; however, the central point of collection will be New Hanover County. In House Bill 1707, Representative McComas has defined how the proceeds from the additional 3% ROT should be used by the beach communities, and in House 1720, proceeds must be used for purchasing land and constructing a Convention Center for the City of Wilmington. By introducing two bills instead of one, there is a good chance the bills will pass both chambers of the General Assembly. After hearing no further comments, Commissioner Davis advised that Mayor Harper Peterson was present and would like to speak. Mayor Peterson expressed appreciation to Representative McComas and Representative Wright for the time and effort given to prepare the bills by working with the City and each beach municipality. He noted that in light of the budget shortfall, local governments are looking for new revenue sources to provide stimulus for economic growth without having to increase the property tax. The additional revenue is needed by the City of Wilmington and beach municipalities to better promote the entire area. The City feels that a Convention Center will be an asset in developing a healthy and stable economy for the entire county. In closing, Mayor Peterson advised that the City has three years to develop a plan for a specific location, land purchase, construction, financing, and operation and maintenance of a Convention Center. The intent of the City is to develop a good plan that will provide the necessary revenue to build and operate the Convention Center without having to increase the property tax. He requested the Board of County Commissioners to support the two bills before the General Assembly. City Councilman Frank Conlon advised that he had been in the tourism business from 1978 to 1995 and stated for the first time in over 20 years, the four municipalities are united in their thoughts. In the past, there has been a lack of cooperation with no broad cooperation until the last few months. This is an important step and should be continued in the future. Government should provide the leadership for the private sector. With the proceeds received from the additional 3% ROT, the City can approach the private sector about a public/private partnership. In concluding his remarks, Councilman Conlon assured the Commissioners that a good plan could be developed by the City for construction of a Convention Center that will be an economic boost for the entire area. The three-year limitation will require the City to move forward and accomplish its objective. He urged the Board of County Commissioners to support this revenue source for the municipalities. In discussion, Commissioner Pritchett asked if the City Council was comfortable with the HB1720 requiring the Convention Center to be built in the Historic District. Councilman Conlon responded that discussion has been held with Representative Wright to include a technical amendment to House Bill 1720 to expand the area beyond the Historic District. Hearing no further comments, Chairman Davis requested direction from the Board. Commissioner Boseman stressed the importance of promoting tourism and said that she was 100% behind both bills. Commissioner Caster agreed with Commissioner Boseman and stated that the time is right; therefore, he felt the small differences in the two bills could be worked out by Representative Wright and Representative McComas. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to endorse both bills as written. Vice-Chairman Greer asked if the municipalities would be able to enact the additional 3% ROT in each municipality after a Public Hearing, or will the County make this decision. County Attorney Copley advised that the bills will not become effective until February 1, 2003. If the County wants to enact the legislation, a Public Hearing is required with 15 days notice, and details on the proposed uses of the additional 3% ROT will have to be presented to the public. Chairman Davis advised that he was uncomfortable with the bills because there is no assurance that New NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 325 Hanover County will not have to subsidize the operation and maintenance of the Convention Center in the future. Chairman Davis called for a vote on the motion to endorse both bills as written. Upon vote, the MOTION CARRIED 4 to 1. Chairman Davis voted in opposition. On behalf of the Board, Chairman Davis expressed appreciation to Representative McComas, Representative Wright, and other elected officials for taking time to attend the meeting and discuss this important issue. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 9:10 a.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board REGULAR MEETING, SEPTEMBER 16, 2002 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 16, 2002, at 9:11 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 Pritchett led the audience in the Pledge of Allegiance to the Flag. Chairman Davis commented on the recent death of Ms. Louise Rehder and requested everyone to keep the family in their thoughts and prayers. 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 further discussion of Item 3 and he requested removal of Item 12.4 for further discussion and a separate vote. Commissioner Pritchett requested further discussion of Item 11. Commissioner Boseman requested removal of Items 2 and 9 for further discussion and a separate vote. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to remove Items 2, 9, and 12.4 from the Consent Agenda and approve the remaining items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved minutes of the Regular Meeting held on September 3, 2002, as presented by the Clerk to the Board. Acceptance of Grant Award from the N. C. Division of Emergency Management and Approval of Associated Budget Amendment #03-0041 Vice-Chairman Greer requested an explanation of the $5,400 local match. Director of Emergency Management Dan Summers explained that no County match is required for the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 326 equipment; however, a request is being made for start-up money in the amount of $5,000 from contingency. The State is providing a supplemental allocation to offset the training cost, but the money is not sufficient to implement the training program. Once the program is in place, surrounding counties will be asked for contributions. After hearing no further comments, the Board accepted a grant award from the N. C. Division of Emergency Management and approved the associated budget amendment to support the equipment and training for a Regional Urban Search and Rescue Team The County Manager and the Emergency Management Director were authorized to execute the grant documents. Budget Amendment #: 03-0041-Non-Departmental/Contingencies/Emergency Management AdjustmentDebitCredit Non-Departmental/Contingencies: Contingencies$5,000 Emergency Management: Contracted Services$3,800 Beepers - Pagers$ 300 Departmental Supplies$ 400 Insurance$ 500 Explanation: To transfer funds from contingencies for Urban Search and Rescue Team. Authorization for the Health Department to Submit a Child Passenger Safety Grant Application to Implement a Safe Kids Buckle Up Program in New Hanover County The Commissioners authorized the Health Department to submit a Child Passenger Safety grant application in the amount of $5,000 to the State to implement a New Hanover County Safe Kids Buckle Up Program. Funds will be used to purchase and distribute child passenger restraint car seats to low-income families through the Health Department. If the grant is awarded, the County Manager is authorized to accept the grant and approve the associated budget amendment. Approval of Contract with Tax Management Associates, Inc. to Conduct Audits for the New Hanover County Tax Department The Commissioners approved a three-year audit contract with Tax Management Associates, Inc. to perform audits of business, personal, and property listings since the auditor position was eliminated during the FY 2002-2003 budget process. The County will pay Tax Management Associates, Inc. for services furnished under this agreement, an amount equal to thirty-five percent (35%) of the taxes, penalties and interest collected as a result of the audit performed. Taxes will include all taxes levied by the County, including listing penalties and interest. Tax Management Associates, Inc. will be responsible for defending its audit findings through an appeals process without additional cost to New Hanover County. The Chairman was authorized to sign the necessary contract documents. A copy of the contract is on file in the Legal Department. Release of Values - Tax Department The Commissioners approved a Senior Citizen/Disability Exclusion for the following taxpayer: Lemon, Ella Mae, Etal.$20,000 Acceptance of Tax Collection Reports Through August 31, 2002 The Commissioners accepted the following Tax Collection Reports through August 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 27.1. Approval of Waiver of Tip Fees for “Big Sweep Clean-Up” The Commissioners waived tip fees for the “Big Sweep Clean-Up” scheduled for September 21, 2002. Waste Management, Inc. has agreed to provide dumpster boxes and collect the debris after the event. Approval of Contract #03-0088 between Cape Fear Museum and PRD Group Ltd. to Prepare an Exhibits Master Plan The Commissioners approved a contract between Cape Fear Museum and the PRD Group, Ltd., in the amount of $23,000 to prepare an Exhibits Master Plan. The County Manager was authorized to execute the necessary contract documents. Grassroots Science reserve dollars will be used to fund the project. A copy of the contract is on file in the Legal Department. Authorization for Cape Fear Museum to Submit an Application to the Institute of Museum and Library Services for a Conservation Project Support Grant Commissioner Pritchettasked if the matching funds required for the grant are in the current budget. Ms. Ruth Haas, Director of the Cape Fear Museum, responded that the Museum has identified $19,296 in NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 327 matching funds from in-kind salaries and volunteer contributions, $2,000 in the Museum Conservation Fund, and $1,582 from private funds raised by Cape Fear Museum Associates. After discussion, the Board authorized the Cape Fear Museum to file a grant application to the Institute of Museum and Library Services for a Conservation Project Support grant in the amount of $17,452.72. If the grant is awarded, the County Manager is authorized to accept the grant and approve the associated budget amendment. Approval of Budget Amendment # 03-0034-Sheriff/Administration/Vice The Commissioners approved the following budget amendment: Budget Amendment # 03-0034-Sheriff/Administration/Vice AdjustmentDebitCredit Sheriff/Administration: Other$9,900 Sheriff/Vice: Departmental Supplies$ 100 Motor Vehicle Purchases$10,000 Explanation: To budget insurance proceeds from a wrecked Sheriff’s Department vehicle for a replacement vehicle. The difference in the insurance proceeds and cost of the replacement vehicle will be transferred from departmental supplies. Approval of Budget Amendment # 03-0035-Public Health/Environmental Health The Commissioners approved the following budget amendment: Budget Amendment # 03-0035-Public Health/Environmental Health AdjustmentDebitCredit Duke University Nicholas School of Environment and Earth Sciences$18,000 Computer Expenses$10,000 Departmental Supplies$ 8,000 Explanation: To budget an $18,000 grant received from the Duke University Nicholas School of Environment and Earth Sciences. The grant funds will be used to purchase computer hardware and software necessary for establishing a Geographic Information System within the Environmental Health Division. Approval of Budget Amendment # 03-0036-Public Health/Navigator Partnership Program The Commissioners approved the following budget amendment: Budget Amendment # 03-0036-Public Health/Navigator Partnership Program AdjustmentDebitCredit Partnership for Children Grant$128,000 Salaries and Wages$118,179 Social Security Taxes$ 8,806 Retirement-Local Govt. Employee$ 5,775 Medical Insurance Expense$ 4,807 Long-Term Disability Insurance$ 249 Departmental Supplies$ 202 Explanation: To adjust the budget to the actual amount of the FY 2002-2003 grant award (budgeted $24,000, actual award $128,000). Approval of Budget Amendment # 03-0040-Various Grants The Commissioners approved the following Budget Amendment: Budget Amendment # 03-0040-Various Grants AdjustmentDebitCredit Museum-Grassroots Science: Grassroots Science Grant$157,073 Supplies$ 11,126 Administrative Reserve$145,947 Community Oriented Policing: COPS Grant$ 6,756 Salaries and Wages$ 5,000 FICA$ 382 Retirement$ 250 401K$ 250 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 328 Budget Amendment # 03-0040-Various Grants (Continued) AdjustmentDebitCredit Medical Insurance$ 864 Disability Insurance$ 10 Health-Personal: CHIP Grant$ 5,976 Contract Services$ 5,976 Health-Maternal: Medical Society Grant$ 18,520 Supplies$ 18,520 Fire Services: FEMA Grants$ 37,187 Contract Services$ 37,187 Explanation: To rollover unexpended grant funds from FY 2001-2002 to FY 2002-2003. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 2, AUTHORIZATION FOR THE DIRECTOR OF AIRLIE GARDENS TO BEGIN CONTRACT NEGOTIATIONS WITH BMS FOR DESIGN SERVICES AND APPROVAL OF CONSENT AGENDA ITEM 9, A CONTRACT WITH W. K. DICKSON & COMPANY, INC. TO PROVIDE ENGINEERING SERVICES FOR EROSION AND SEDIMENTATION RENOVATIONS AT AIRLIE GARDENS Commissioner Boseman asked if funding had been included in the Airlie Gardens Budget for these projects. Director of Airlie Gardens Thomas Herrera-Mishler advised that the projects are being funded from the capital project budget. After a lengthy discussion on the funding remaining in the Airlie Gardens Budget and N. C. Clean Water Management Trust Fund grant, Chairman Davis explained that New Hanover County received a grant from the N. C. Clean Water Management Trust Fund in the amount of $6 million. In order to receive the money, the County has to submit an application that meets the criteria of the Clean Water Management Trust Fund to receive funding for water quality improvement projects. When Airlie Gardens was purchased for $10.5 million, the County applied for and received a $6 million Clean Water Management Trust Fund grant. Financing was secured in the amount of $8.5 million for Airlie Gardens; however, at that time an additional $2 million was financed by the County to pay for other capital projects. The entire budget for Airlie Gardens was $12.5 million to pay for the purchase of Airlie Gardens at $10.5 million of which $2 million was received from the Clean Water Management Trust Fund. The additional money budgeted has been used for capital projects at Airlie Gardens, and the remaining balance is approximately $1.5 million, which is the funding referenced by Commissioner Boseman. The remaining $4 million in the Clean Water Management Trust Fund grant has to be used for water quality projects. Grants have been approved to purchase property along the tidal creeks and purchase conservation easements in an effort to protect the quality of water in New Hanover County. Commissioner Boseman spoke on not being opposed to Airlie Gardens but stated it was not her top priority during difficult budget years when funding is needed for outside agencies and important projects. She requested Chairman Davis to call for a separate vote on the both items. Chairman Davis called for a motion to approve Consent Agenda Item 2. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to authorize the Director of Airlie Gardens to begin contract negotiations with BMS Architects to design the Garden Services Building, Public Restrooms, and Tickethouse. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Boseman voted in opposition. In discussion of Consent Agenda Item 9, Chairman Davis advised that approval of the contract with W. K. Dickson & Company, Inc. for renovations at Airlie Gardens will include a cap of $30,000. He stressed the importance of the public understanding that funds are already in the capital project budget for Airlie Gardens to pay for the engineering services and that negotiations are still being held with W. K. Dickson & Company, Inc. to determine the actual cost of the erosion and sedimentation control project. Hearing no comments from the Board, Chairman Davis called for a motion to approve Consent Item 9. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to award a contract to W. K. Dickson & Company, Inc. in an amount not to exceed $30,000 to provide engineering services on renovations at Airlie Gardens for erosion and sedimentation control, stormwater management, permitting, and other services. The Chairman was authorized to execute the necessary contract documents. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Boseman voted in opposition. A copy of the contract is on file in the Legal Department. DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 12.4, BUDGET AMENDMENT # 03-0037 - PUBLIC HEALTH/VECTOR CONTROL/CONTINGENCIES NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 329 Vice-Chairman Greer, the Commissioner representative on the New Hanover County Board of Health, advised that he was concerned about the West Nile Virus and other mosquito borne diseases. He objected to including capital expenditures in the budget amendment when funding is needed to spray for mosquitos. He suggested reducing the budget amendment by eliminating the cost for the storage building and the purchase of two vehicles. Chairman Davis welcomed Health Director David Rice and asked him if the building had to be constructed at this time. Health Director Rice advised that the building did not have to be constructed immediately, but the vehicles would not last after the fall season. In further discussion of the need for a storage building, County Manager O’Neal advised that the Property Management building or some other location would be found to house Vector Control equipment. After hearing no further comments, Chairman Davis requested a motion. Motion: Vice-Chairman Greer MOVED to approve a budget amendment in the amount of $100,000 and allow the Health Director to determine how the funds should be spent for mosquito control. County Manager O’Neal advised that if a new position is funded, the Personnel Policy requires official action to be taken by the Board of County Commissioners. Amended Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to approve a budget amendment in the amount of $100,000 to include one new position and authorize the Health Director to decide on how the remaining funds should be spent for mosquito control. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Pritchett commented on the outstanding Mosquito Control Program at the Health Department and pointed out that Mr. Ken Sholar, the Vector Control Director, is nationally known for his expertise in controlling and managing the mosquito population. Revised Budget Amendment #03-0037 - Public Health/Vector Control/Contingencies AdjustmentDebitCredit Public Health/Vector Control: Mosquito Control$ 12,779 Salaries and Wages$16,400 Temporary Salaries$ 6,983 Overtime Pay (OTP)$14,215 Social Security Taxes$ 1,255 Retirement-Local Govt. Employee$ 812 Medical Insurance Expense$ 2,910 Long-Term Disability Insurance$ 37 Departmental Supplies$ 47,167 Motor Vehicle Purchases$ 23,000 Non-Departmental/Contingencies: Contingencies$100,000 Explanation: To budget contingency funds for the remainder of FY 2002-2003 to effectively meet the demand for addressing and controlling West Nile Virus. REMOVAL OF ITEMS 11 AND 5 FROM THE REGULAR AGENDA Chairman Davis announced that Item11, a resolution regarding the dredging of Banks Channel by the Corps of Engineers has been removed from the Regular Agenda. He also asked if Item 5 pertaining to inclusion of waste-to- energy as a source of green power in development of the N. C. Green Power Program should be removed. County Manager O’Neal requested the Board to remove Item 5 from the agenda. Consensus: After discussion, it was the consensus of the Board to officially remove Items 5 and 11 from the Regular Agenda. ADOPTION OF PROCLAMATION DECLARING OCTOBER 2002 DOMESTIC VIOLENCE AWARENESS MONTH IN NEW HANOVER COUNTY County Manager O’Neal read the proclamation regarding the need to stop domestic violence and he requested the Board to adopt the proclamation in memory of a County co-worker, Gladys Bryant. Chairman Davis called for a vote to adopt the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the proclamation Domestic Violence Awareness Month declaring October 2002 as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis spoke on the tragic death of Ms. Gladys Bryant and stated that all County employees have been praying for the members of the Bryant family. On behalf of the Board, he presented the proclamation to Mrs. Bryant’s mother and sons in memory of Gladys Bryant who was an outstanding employee. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 330 A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 27.2. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS: County Manager O’Neal requested the following employees to step forward to receive service awards: Mark G. Boyer Public Information 5 Years Clifford L. Robinson Fire Services 5 Years John David MarrFire Services 5 Years Bryan K. McLaurinFire Services 5 Years Paul L. SchoenwalderFire Services 5 Years Rudolph C. ShackelfordFire Services 5 Years Diana L. Williams Health Department 5 Years Robert J. Barr Parks & Recreation Dept. 5 Years Catherine H. TimpyHealth Department10 Years Lynda Y. Nichols Human Relations 15 Years On behalf of the Board, Chairman Davis presented a service award to each employee and expressed appreciation to them for their years of dedicated service to New Hanover County. RECOGNITION OF NEW EMPLOYEES: County Manager O’Neal requested the following new employees to stand and be recognized: Marsha Nelson, Health Department Ronald Green, Jr., Inspections Department Casey Bear, Inspections Department Doug Greer, Inspections Department On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover County government and wished them well in their new positions. ADOPTION OF RESOLUTION PROCLAIMING SEPTEMBER 14-29, 2002 AS “LITTER SWEEP” IN NEW HANOVER COUNTY Commissioner Pritchett announced that in the Spring and Fall, the North Carolina Department of Transportation sponsors a “LITTER SWEEP” for all participants in the Adopt A Highway Program to clean their designated portions of the roadways from September 16-29, 2002. On Saturday, September 21, 2003, New Hanover County will sponsor the “BIG SWEEP” to clean up litter from the beaches and waterways. Commissioner Pritchett urged all citizens to volunteer and participate in these litter events during the next two weeks. She stated that picking up litter is not a cure for the problem, but teaching people not to litter is the solution to the problem. In concluding the presentation, Commissioner Pritchett requested Public Information Officer Mark Boyer to read the proclamation. Chairman Davis called for a motion to adopt the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt a proclamation declaring “LITTER SWEEP!” September 14-29, 2002 asIn New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis presented the proclamation to Public Information Officer Mark Boyer and urged the citizens to participate in these events. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 27.3. STATUS REPORT ON THE NEW HANOVER COUNTY ADULT PROBATION PAROLE PROGRAM Chairman Davis asked Mr. Terry Gootee, District Manager of the Adult Probation Parole Program, to provide a status report on the operation of this program in New Hanover County. Mr. Gootee reported that currently, there are approximately 4,173 offenders under the supervision of the Division of Community Corrections. Supervision levels assigned to these offenders are as follows: 1. Intensive supervision that requires a minimum of five personal contacts per week. This group generally includes the felon high-risk/high-need offender, which represents 8% of the total cases. 2. Intermediate supervision that involves a minimum of two face-to-face contacts every month. The group represents 24% of total cases. 3. Community level supervision that ranges from a minimum monthly contact to a required contact every three months. This level is usually assigned to the low-risk/low-need offenders. This group represents 42% of total cases. In addition to normal conditions of probation/parole supervision, the majority of the offenders are also required NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 331 to perform random drug testing and submit to searches without warrants. Other special conditions can be imposed on the offender by the Court. One special condition is participation in the Community Service Work Program. Last year, offenders performed over 78,000 hours of community service work for New Hanover County and for other non-profit human services organizations within the County. Currently, there are 1,000 offenders participating in this program. Other programs used by the Division of Community Corrections in New Hanover County are as follows: •Electronic House Arrest Program: Offenders are placed on house arrest to ensure compliance and monitor movement to protect the public safety. A team provides a quick response to violations 24 hours a day, 7 days a week. •Sex Offender Control Program: This is a specialized caseload with emphasis on monitoring, surveillance, treatment, and public safety. Polygraph examinations play an important role in the supervision of sex offenders. •Drug Court: This is a specialized program targeting the long-term substance abuser. Close monitoring and drug testing are used to ensure compliance. •Day Reporting Center: This program is partially funded through the Criminal Justice Partnership Program and focuses on rehabilitation of the offenders through drug education and treatment, GED classes, anger management, parenting classes, budgeting classes, and job training. •School Partnership Program: Specialized community punishment officers work closely with local high schools to ensure attendance and compliance with school regulations by offenders who are placed on probation and are still enrolled in school. •Dart/Cherry Program: This is a 28-day or 90-day inpatient drug and alcohol treatment program sponsored by the N. C. Department of Corrections. This program is offered at no cost to the offender. Mr. Gootee reported that the N. C. Division of Corrections works closely with other area law enforcement agencies. For example, the agency works with federal, state, and local law enforcement agencies in the Gun Recovery Task Force, which is a program aimed at targeting the most violent offender in an effort to reduce the frequency of firearms used in committing crimes. Another major responsibility of the Division of Community Corrections is to assist in collection of court costs, fines, restitution, and supervision fees. In FY 2001-2002, the court costs collected amounted to $185,914.05 in New Hanover County. Court fines collected totaled $304,507.11. The amount of restitution paid to the New Hanover County Clerk of Court Office was $500,956.22. The amount of supervision fees collected during this period was $412,804.36. The total amount collected totaled $1,404,181.74. Mr. Gootee concluded his presentation by expressing appreciation to the Board of County Commissioners for support of the Adult Probation Parole Program in New Hanover County. Discussion followed on the rate of success on the Day Reporting Center and Dart/Cherry programs. Mr. Gootee advised that offenders placed in these programs are high-risk probation violators; therefore, it is not possible to expect a high rate of success. The idea is to provide drug education and treatment, anger management, and job training to help these offenders overcome their problems and become average citizens who can support themselves and their families. Vice-Chairman Greer asked if statistics were available on the number of offenders that are rearrested and have to go back through the court system. Mr. Gootee responded that approximately 50-70% are rearrested; however a majority of these offenders are arrested for parole violations. After hearing no further comments from the Board, Chairman Davis expressed appreciation to Mr. Gootee for the informative report and services being provided to the community. CONSIDERATION OF RESOLUTION ENDORSING CAPE FEAR YOUTH DEVELOPMENT VISION, INC. Chairman Davis welcomed Mr. John Ranalli, Coordinator for Communities that Care; Mr. Mike Brown, President of Cape Fear Youth Development Vision, Inc.; and Mr. Beau McCaffray, Chairman of the Board of Directors for Cape Fear Youth Development Vision, Inc. Mr. Mike Brown reported that the vision for Cape Fear Youth Development Vision, Inc. is to be a catalyst for taking action to increase youth development assets in New Hanover County by making our county a youth centered community. The goal is to train youth with researched based assets that will allow them to grow into healthy adults and function well in their lives. A major component of the program is the need for adequate and appropriate adult interaction with young people. Most adults can look back and remember at least one or two non-relative adults who took time to encourage them to strive for a certain goal and to know that goal can be accomplished. Mr. Brown concluded the presentation by requesting the Board to adopt a resolution endorsing the Youth Development Vision Program. Commissioner Pritchett expressed appreciation to Mr. Brown for his continued years of service to the youth in New Hanover County. She also reported that Mr. John Ranalli was recognized as a “Children’s Champion” at the Partnership Breakfast last week. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 332 Chairman Davis also complimented Mr. Brown for being involved in a wonderful program that has truly helped the youth in the community. He read the resolution and requested a motion for adoption. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt a resolution endorsing Cape Fear Youth Development Vision, Inc. Upon vote the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis presented the resolution to Mr. Brown. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVII, Page 27.4. BREAK Chairman Davis called a break from 10:35 a.m. until 10:55 a.m. APPROVAL OF 2003 SCHEDULE OF REGULAR MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS Clerk to the Board, Lucie F. Harrell, presented and requested approval of the 2003 Schedule of Regular Meetings. Chairman Davis spoke on having only one meeting in July and suggested starting the meeting at 2:00 p.m. in order to have time to address other items and begin public hearings at the regularly scheduled time. Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, to approve the 2003 Schedule of Regular Meetings with the meeting on July 7, 2003, beginning at 2:00 p.m. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF A RESOLUTION SUPPORTING THE CURRENT LANGUAGE IN THE PLEDGE OF ALLEGIANCE County Manager O’Neal reported that many counties in North Carolina have adopted resolutions in support of the phrase “under God” remaining as part of the Pledge of Allegiance. He also advised that the N. C. Association of County Commissioners adopted a similar resolution. After hearing no comments from the Board, Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adopt a resolution to assure that the phrase “under God” remains as part of the nation’s Pledge of Allegiance and to direct Staff to forward a copy of the resolution to the North Carolina Congressional delegation. 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 27.5. ADOPTION OF STATEWIDE 2002 DROUGHT RESOLUTION County Manager O’Neal advised that the N. C. Association of County Commissioners has adopted a resolution concerning the statewide drought to encourage all counties to practice water conservation and develop programs to implement in the event of a statewide drought. Chairman Davis called for a motion to adopt the resolution. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt the statewide 2002 drought resolution to fully cooperate with municipal, state, and federal agencies in dealing with severe drought conditions. 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 27.6. APPROVAL OF FIFTEEN (15) NEW POSITIONS AND ONE (1) CUSTODIAN POSITION FOR THE SHERIFF’S DEPARTMENT AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #03-0023 Sheriff Joseph Lanier, Jr. reported that opening the new Judicial Annex will require additional positions to secure and maintain the facility. Currently, there are 21 bailiffs with 1 lieutenant in charge of the bailiffs, and no positions for perimeter security of the building. There are five floors with public access and security is needed on each floor. Bailiffs are responsible for courtroom security, inmate security in the holding cells, activities in the courtrooms, movements of inmates to and from the jail, handling documents produced by the courts pertaining to jail inmates, and custody of evidence presented in the court. With 30 to 40 inmates taken to and from the courts daily, some bailiffs are now required to report in early to facilitate the movement of inmates. With an increase of 100 yards in the distance that inmates have to be moved to reach the courts, additional bailiffs are needed to secure inmate safety and make the required additional trips between the Jail and Judicial Annex Building. In concluding the presentation, Sheriff Lanier requested the Board to approve 14 bailiff positions and 9 security deputies for a total of 23 new positions Discussion was held on the number of courtrooms in the old building and new Judicial Annex. Sheriff Lanier advised that a total of 11 courtrooms will have to be secured and maintained in the old building and new building. This figure includes the Juvenile Court Building on Fourth Street but does not include the Small Claims Court. Commissioner Caster requested County Manager O’Neal to comment on his recommendation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 333 County Manager O’Neal advised that he had recommended a total of 11 new positions comprised of 6 bailiffs, 2 booking officers and 3 deputies plus one (1) additional custodian position at a cost of $437,565 for the remainder of the fiscal year. The annual cost will be $525,181. Chairman Davis asked Sheriff Lanier if he could function with the 11 positions recommended by the County Manager. Sheriff Lanier advised that the 11 positions recommended by the County Manager will leave only one position for security, which is not sufficient for the new Judicial Annex. He stressed the importance of providing the necessary security to protect the inmates, judges, court employees, and the public. A lengthy discussion followed on the new positions that will be needed for the new Jail and the funding necessary for the positions. Commissioner Boseman requested County Manager O’Neal to explain how the $1,000,0000 reserve will be sufficient to fund the positions for the new Judicial Annex, new Jail, and the $100,000 monthly expenditure to carry inmates to Rutherford County. County Manager O’Neal advised that the major reason for reducing the number of positions was because of current budget constraints. If the 11 positions are approved, $437,565 will be removed from the $1,000,000. Staff is in the process of determining the number of new positions needed for the new Jail, and when these deputies should be hired in order to receive the required training. The FY 2003-2004 budget will be more difficult than the past budget, and it appears that a property tax increase will be needed unless significant cuts are made in the budget. The New Hanover County School System and Cape Fear Community College will need additional money and Medicaid expenditures could significantly increase. The Board will have to increase the tax rate or eliminate some services being provided to the citizens. Chairman Davis strongly objected to a tax increase for the next fiscal year and stated that he would not support an increase. After discussion of purchasing monitors and other technology to reduce the number of new positions needed at the new Jail, County Manager O’Neal explained in theory, the use of monitors should reduce the number of deputy positions; however, with the jail population continuing to grow, additional positions will be needed. Currently there are 348 inmates in jail plus 60 inmates in Rutherford County for a total of 408 inmates. With a jail population of this size, new positions will be needed. Discussion followed on when the jail would be ready for occupancy. Deputy County Manager Atkinson advised that the estimated date of occupancy is February 2003; however, a meeting is scheduled with the contractor next week. If the date changes, the Board will be informed. Commissioner Caster asked, assuming 11 positions and 1 custodian position are approved for the Judicial Annex, whether the remaining $572,435 in the administrative reserve account would be sufficient to fund the additional positions needed for the new Jail if this facility is occupied by February 2003. Deputy County Manager Atkinson responded that new positions for the Jail will have to be filled three months prior to February 2003 to train the employees; therefore, the remaining balance in the administrative reserve account will not be enough to fund the positions through the current fiscal year. If the Jail is not ready for occupancy until April or May, the remaining balance might be sufficient to fund the new positions. Once a firm date is established, Staff will be able to calculate the exact amount of funding needed for the positions. Commissioner Pritchett spoke on requesting the Budget Director to prepare a spread sheet comparing the number of current public safety positions per courtroom versus the number being requested by the Sheriff. Presently, there are 2.75 public safety positions per courtroom and the Sheriff has requested 4.09 positions per courtroom. She requested an explanation of the difference in numbers. Deputy Atkinson advised that the numbers include security officers plus the additional bailiffs needed to carry the inmates from the holding cell to the Judicial Annex. Sheriff Lanier stated that positions are also needed to monitor the holding facilities in the Judicial Annex. Judges frequently call for more inmates which creates additional trips to the holding cell. In further discussion, Commissioner Pritchett requested the cost of funding the positions requested by the Sheriff for the remainder of the fiscal year. Deputy County Manager Atkinson responded that $865,471 would be needed to fund the positions through the current fiscal year. Commissioner Pritchett noted that it appears the County Manager has recommended the bare minimum number of positions and the Sheriff has requested the maximum number of positions; therefore, it should be possible to reach a midpoint between the two recommendations. Commissioner Boseman suggested approving 15 new positions. Budget Director Griffin informed the Board that 15 new positions would cost an additional $160,000 per year. Motion: After further discussion, Chairman Davis MOVED, SECONDED by Commissioner Caster, to approve 11 additional deputy positions, 1 custodian position, and the associated budget amendment as recommended by the County NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 334 Manager. Substitute Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Pritchett, to approve 15 additional deputy positions, 1 custodian position, and and the associated budget amendment. Chairman Davis called for a vote on the SUBSTITUTE MOTION. Upon vote, the SUBSTITUTE MOTION carried 3 to 2. Commissioner Caster and Chairman Davis voted in opposition. Budget Amendment #03-0023 - Sheriff/Jail /Property Management Amendment DebitCredit Sheriff/Jail: Administrative Reserve$536,836 Salaries and Wages$367,628 Social Security Taxes 28,124 Retirement-Local Government Employee 6,068 Retirement - 401K 18,381 Medical Insurance Expense 65,475 Long Term Disability Insurance 772 Uniforms 28,725 Property Management: Salaries and Wages$ 15,413 Social Security Taxes 1,179 Retirement-Local Govt. Employee 254 Medical Insurance Expense 4,365 Long-Term Disability 32 Uniforms 420 Explanation: To transfer funds from the Sheriff’s Department/Jail administrative reserve for the projected cost of 15 deputies and one custodian for the Judicial Annex for the remainder of FY 2002-2003. REMOVAL OF ITEM 14 FROM THE REGULAR AGENDA - RESOLUTION TO AUTHORIZE A LAWSUIT TO RECOVER REIMBURSEMENT AND RECEIPT OF REVENUE DUE NEW HANOVER COUNTY BEING ILLEGALLY WITHHELD BY THE STATE OF NORTH CAROLINA Chairman Davis requested the Board to remove this item from the Regular Agenda since this matter will be discussed in Closed Session. Consensus: It was the consensus of the Board to remove Item 14 from the Regular Agenda. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda. He requested all persons speaking to limit their remarks to three minutes. Ms. Jane Kopczynski, a resident of 340 Okochobee Drive, reported that Concerned Citizens for Neighborhood Preservation was formed in the Spring of 2001 in response to concerns about 427 apartments being built at the end of the road to the three new schools in Veterans Park. After carefully researching all aspects of the plan, including County ordinances, deeds at the Register of Deeds Office, and maps of the site, an attorney was hired to represent the group. Unfortunately, the only time the Concerned Citizens of Neighborhood Preservation received any attention was when the group appeared before the Board of County Commissioners on October 21, 2001. The 11 communities that banned together were most appreciative when the Commissioners verified that the contiguity as presented by the developer was in violation of the Subdivision Ordinance and reduced the number of apartments from 427 to 213. The Concerned Citizens for Neighborhood Preservation was shocked and disappointed that Judge Hockenbury made the decision that citizens do not have the right to appeal a decision made by the Technical Review Committee. At no time was the group advised by the attorney that filing the petition was not legal. Several high officials of the County had informed the group that citizens could file a petition to oppose any decision made by County officials. Judge Hockenbury was mislead to believe that such a petition had never occurred in New Hanover County, which is not the case. There is no reference in the Subdivision Ordinance that says a petition can only be filed by the sub-divider. In concluding her comments, Ms. Kopczynski noted that the Pledge of Allegiance ends with powerful words, “with liberty and justice for all.” The Board was requested to remember these words when deciding whether to take the Veterans Park condominium project to the Court of Appeals. Chairman Davis expressed appreciation to Ms. Kopczynski for her remarks. ADDITIONAL ITEMS Items Presented by Commissioner Pritchett •Commissioner Pritchett reported on the litter clean up event held by the Day Reporting Center on a non-school day and advised that half of the students assigned to the Center voluntarily showed up and assisted with the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 335 project. She commented on this being a big step forward and stated this action demonstrates how these students are learning to accept responsibility. •Commissioner Pritchett advised that when the Board adopted the Solid Waste Franchise Collection Plan, discussion was held on providing a full service trash collection system by the beginning of next year. She requested the Board to authorize the County Manager to fill the Solid Waste Planner position which has been frozen since the former employee resigned. In discussion, County Manager O’Neal explained that funding for the position has already been included in the budget; therefore, he would not have a problem with filling the position at this time. Vice-Chairman Greer suggested not filling the position at this time when there is not enough money to provide the additional positions needed at the Judicial Annex and new Jail. Commissioner Caster expressed concern about the Board becoming involved in filling positions that the County Manager has authority to fill and suggested allowing the County Manager to decide when the position should be filled. Chairman Davis agreed and stated that he felt the County Manager should make this decision. Additional Item Presented by Vice-Chairman Greer •Vice-Chairman Greer spoke on the recent decision rendered by the Court regarding the lawsuit pertaining to the River Road project and stated that New Hanover County has two or three issues pending with Mr. Nathan Sanders. He suggested that County Staff enter into discussion with Mr. Sanders to see if these issues can be resolved and an agreement negotiated to prevent the number of condominium units from being built on River Road. Chairman Davis responded that the Commissioners will have to decide if an appeal should be pursued on the pending issues with Mr. Sanders. Additional Items Presented by Commissioner Caster •Commissioner Caster spoke on the outstanding effort made by the Fire Service to demonstrate the equipment and services provided to the citizens of New Hanover County. He noted that the event was well planned and stated it was unfortunate that heavy rain occurred. He suggested that the Fire Service hold this event on an annual basis. •Commissioner Caster spoke on the removal of the recycling containers at Monkey Junction and stated that he was not notified of the location and could not respond to email messages received. Commissioner Pritchett explained that Director Ray Church had proposed a recycling site on the other side of Veterans Park but the request was denied by the Planning Board. The proposal has been withdrawn, and the Environmental Management Staff is trying to locate a site near the Monkey Junction area. •Commissioner Caster spoke on an article in the Real Estate Showcase regarding a thorough explanation of services provided by the New Hanover County Inspections Department. He encouraged the Commissioners to read the article. Additional Items Presented by Commissioner Boseman •Commissioner Boseman requested Staff to provide information on the deadline for spending transportation impact fees collected from Wal Mart, Lowe’s and other businesses to be used for improvements to the Monkey Junction intersection. County Manager O’Neal advised that he would be glad to request the Planning Director to provide Commissioner Boseman with the information requested. •Commissioner Boseman advised that Mr. Paul Foster, a friend of the community, passed away over the weekend. She spoke on his many contributions to the community and his untiring effort to preserve the qualify of life in New Hanover County. She requested the Commissioners and Staff to remember his family and friends during this period of grief. Adoption of Resolution Authorizing the U. S. Army Corps of Engineers to Transfer Remaining Funds in the 1996 Kure Beach Renourishment Project County Manager O’Neal requested Finance Director Bruce Shell to present an item pertaining to the Kure Beach Renourishment Project. Finance Director Bruce Shell reported that the County was contacted by the U. S. Army Corps of Engineers regarding a late settlement in the 1996 Kure Beach renourishment project, which created left over funds from the project. The Corps of Engineers is requesting the County to authorize the transfer of these funds to complete the 1996 project to settle and close the account. The Corps of Engineers will refund the County if any funds are not expended. Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt a resolution approving the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 336 transfer of funds in the amount of $50,000 remaining in the 2001 Carolina Beach Renourishment project and $40,000 remaining in the 2001 Kure Beach Renourishment project to the 1996 original construction of the Kure Beach project contingent upon the State of North Carolina providing $90,0000 toward the 1996 original construction of the Kure Beach project. 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 27.7. MEETING RECESS FOR LUNCH Chairman Davis recessed the meeting for lunch from 12:25 p.m. until 12:45 p.m. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 12:47 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 2:01 p.m. COMMITTEE APPOINTMENTS Appointments to the New Hanover Regional Medical Center Board of Trustees Chairman Davis announced that four vacancies and one unexpired term needed to be filled on the New Hanover Regional Medical Center Board of Trustees. He advised that twenty-three applications were received with three applicants, Jon Rosborough, Stedman Stevens and Haywood E. White, being eligible for reappointment. He also advised that F. Maston White, Jr., has requested his name to be withdrawn from consideration at this time since he is an officer of the Medical Center Foundation Board. Consensus: It was the consensus of the Board to remove the application submitted by F. Maston White, Jr. from list of applicants being considered and direct the Clerk to the Board to keep the application on file for consideration at a later date. Chairman Davis opened the floor to receive nominations. Commissioner Pritchett nominated Robert D. Hoover. The nomination was seconded by Commissioner Boseman. Vice-Chairman Greer nominated David B. Sims, Jr. The nomination was seconded by Commissioner Boseman. Chairman Davis nominated Larry Clark. The nomination was seconded by Commissioner Boseman. Commissioner Caster nominated Jon Rosborough for reappointment. The nomination was seconded by Vice- Chairman Greer. Commissioner Boseman nominated James E. Vann. The nomination was seconded by Commissioner Pritchett. Commissioner Pritchett nominated Frank Taylor. The nomination was seconded by Chairman Davis. Commissioner Caster nominated Haywood E. White. The nomination was seconded by Vice-Chairman Greer. Commissioner Boseman nominated Dennis Nicks. The nomination was seconded by Commissioner Caster. Commissioner Pritchett nominated Janna A. Williams. The nomination was seconded by Commissioner Boseman. Commissioner Caster nominated Stedman Stevens. The nomination was seconded by Vice-Chairman Greer. Commissioner Boseman asked if Mr. Stevens was attending the meetings. Commissioner Caster advised that Mr. Stevens had complied to the attendance requirements outlined in the by- laws. There being no further nominations, Chairman Davis declared the nominations closed. Chairman Davis advised that 10 persons had been nominated to fill 5 vacancies. He called for a vote on the reappointment of Jon Rosborough. Commissioner Caster reminded the Board that three applicants were eligible for reappointment, which means they have three years of experience serving on the Medical Center Board of Trustees, and he requested the members of the Board to consider this fact when voting on the applicants, who are all well qualified. Vote: The Board voted 2 to 3 on the reappointment of Jon Rosborough. Commissioner Caster and Vice-Chairman Greer voted in favor of the reappointment. Chairman Davis called for a vote on the reappointment of Stedman Stevens. Vote: The Board voted 2 to 3 on the reappointment of Stedman Stevens. Commissioner Caster and Vice-Chairman NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 337 Greer voted in favor of the reappointment. Chairman Davis called for a vote on the reappointment of Haywood White. Vote: The Board voted 2 to 3 on the reappointment of Haywood White. Commissioner Caster and Vice-Chairman Greer voted in favor of the reappointment. Chairman Davis called for a vote on the appointment of Larry Clark. Vote : The Board voted 3 to 2 to appoint Larry Clark to serve a 3-year term on the Medical Center Board of Trustees with the term to expire September 30, 2005. Commissioner Boseman, Commissioner Pritchett, and Chairman Davis voted in favor of the appointment. Chairman Davis called for a vote on the appointment of Robert Hoover. Vote: The Board voted unanimously to appoint Robert Hoover to serve a 3-year term on the Medical Center Board of Trustees with the term to expire September 30, 2005. Commissioner Boseman, Commissioner Pritchett, and Chairman Davis voted in favor of the appointment. Chairman Davis called for a vote on the appointment of Dennis Nicks. Vote: The Board voted 1 to 4 to appoint Dennis Nicks. Commissioner Boseman voted in favor. Chairman Davis called for a vote on the appointment of David B. Sims, Jr. Vote: The Board voted 3 to 2 to appoint David B. Sims, Jr. to serve a 3-year term on the Medical Center Board of Trustees with the term to expire September 30, 2005. Commissioner Caster, Vice-Chairman Greer, and Chairman Davis voted in favor of the appointment. Chairman Davis called for a vote on the appointment of James E. Vann. Vote: The Board voted 3 to 2 to appoint James E. Vann to serve a 3-year term on the Medical Center Board of Trustees with the term to expire September 30, 2005. Commissioner Boseman, Commissioner Pritchett, and Chairman Davis voted in favor of the appointment. Chairman Davis called for a vote on the appointment of Frank Taylor. Vote: The Board voted 3 to 2 to appoint Frank Taylor to fill the unexpired term on the Medical Center Board of Trustees with the term to expire September 30, 2004. Commissioner Boseman, Commissioner Pritchett, and Chairman Davis voted in favor of the appointment. Chairman Davis called for a vote on the appointment of Janna Williams. Vote: The Board voted 1 to 4 to appoint Janna Williams. Commissioner Boseman voted in favor of the appointment. Chairman Davis requested the Clerk to the Board to notify Larry Clark, Robert Hoover, David B. Sims, Jr., James E. Vann, and Frank Taylor of their appointments to the Medical Center Board of Trustees. Appointments to the Risk Management Advisory Committee Chairman Davis announced that two vacancies needed to be filled on the Risk Management Advisory Committee. He reported that three applications were received in the names of Harvey R. Molloy, Walker Taylor IV, and Barry E. Williams. Chairman Davis opened the floor to receive nominations. Commissioner Caster nominated Walker Taylor, IV. The nomination was seconded by Commissioner Pritchett. Commissioner Pritchett nominated Harvey R. Molloy. The nomination was seconded by Vice-Chairman Greer. There being no further nominations, Chairman Davis declared the nominations closed. Vote: The Board voted unanimously to appoint Walker Taylor, IV and Harvey R. Molloy to serve 3-year terms on the Risk Management Advisory Committee with the terms to expire September 1, 2005. Chairman Davis requested the Clerk to the Board to notify Walker Taylor, IV and Harvey R. Molloy of their appointments to the Risk Management Advisory Committee. Appointments to the Airport Authority Chairman Davis announced that one vacancy needed to be filled on the Airport Authority to fill the unexpired term of Al Roseman, whose term will expired July 1, 2003. He reported that twenty applications were received. Chairman Davis opened the floor to receive nominations: Commissioner Boseman spoke on her passion for tourism and promotion of the area and requested the Board to consider appointing her to fill the unexpired term. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 338 After hearing no comments, Commissioner Boseman nominated herself. The nomination did not receive a second. Commissioner Pritchett nominated William D. Bryden. The nomination did not receive a second. Commissioner Caster nominated Paul Burton. The nomination was seconded by Commissioner Pritchett. There being no further nominations, Chairman Davis called for a vote on the appointment of Paul Burton. Vote: The Board voted 4 to 1 to appoint Paul Burton to fill the unexpired term of Al Roseman on the Airport Authority. The term will expire July 1, 2003. Vice-Chairman Greer expressed appreciation to Commissioner Boseman for her interest in serving on the Airport Authority but stated he was not sure it was appropriate for a Commissioner to serve on the Authority. He stated that in 1996, Vice-Chairman E. L. Mathews, Jr. submitted an application to be appointed to serve on the Airport Authority. He was nominated with a second received to the nomination, but when the Board voted Vice-Chairman Mathews did not receive enough votes to be appointed. He also noted that if any member of the current Board was qualified to serve on the Airport Authority, he felt it would be he because he is Chairman of the Airport Subcommittee of the National Association of Counties Transportation Steering Committee. Commissioner Boseman expressed disappointment that the Board did not honor her request, particularly when there are problems at the Airport that need to be resolved. She also commented on the manner in which Chairman Davis was appointed to serve on the Cape Fear Community College Board of Trustees and stated it appears that only white middle-aged Republican men are appointed to serve on the Airport Authority or any other important boards. Chairman Davis requested Commissioner Boseman to inform the Commissioners about any problems at the Airport so these issues can be discussed and resolved. He also stated, for the record, when he was appointed to serve on the Cape Fear Community College Board of Trustees, Commissioner Birzenieks had requested the Board to consider appointing a County Commissioner to serve on this board because of the rapid growth occurring at the College and the large number of construction projects. He advised that after the Board decided it was a good idea to appoint a Commissioner representative and noticed that he was not serving on many other boards or committees, a motion was made to appoint him to fill the unexpired term of Stephen H. Davenport on the Cape Fear Community College Board of Trustees. CLOSED SESSION Chairman Davis called for a motion to enter into Closed Session pursuant to N.C.G.S. 143-318.11(a)(6) to discuss a personnel item and pursuant to N.C.G.S.143-318.11(a)(3) to consult with counsel about pending litigation. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to convene to Closed Session for the purposes stated. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened to Closed Session at 3:00 p.m. Chairman Davis reconvened to Regular Session at 4:00 p.m. Chairman Davis reported that no action was taken on the personnel matter discussed in Closed Session. He also advised that the Board directed the County Attorney to pursue the appeal of the Veterans Park Condominium project decision rendered by Judge Hockenbury in the New Hanover County Superior Court. ADOPTION OF A RESOLUTION TO AUTHORIZE THE COUNTY ATTORNEY TO RETAIN BOYCE & ISLEY, PLLC AS COUNSEL FOR NEW HANOVER COUNTY TO ENTER INTO A LAWSUIT TO RECOVER REIMBURSEMENT AND RECEIPT OF REVENUE DUE NEW HANOVER COUNTY BEING ILLEGALLY WITHHELD BY THE STATE OF NORTH CAROLINA Chairman Davis reported that discussion was previously held on this matter and the Board authorized him to write a letter on behalf of the Board to Governor Easley requesting him to provide the promised reimbursements prior to September 16, 2002, or the Board would consider a resolution to enter into the lawsuit filed by Carbarrus County. Chairman Davis suggested making the following changes to the resolution: •Change the contingency from 15 percent to 10 percent •Include an exclusion to the retainer agreement that says if the N. C. Carolina General Assembly decides to reimburse counties, the County can withdraw from the lawsuit. Commissioner Caster spoke on being disappointed that the General Assembly had not fulfilled its promise to reimburse local governments for the intangibles and inventory taxes that were removed a few years ago. He stated that withholding this revenue from municipalities and counties has created difficult budget situations; therefore, he was in favor of adopting the resolution as amended and becoming a partner in the Carbarrus County lawsuit. Chairman Davis advised that he was disappointed to read in the newspaper that a spokesman for Governor Easley said that if New Hanover County decides to sue and prevails, the State may remove money from the outer loop project and the harbor deepening project for the State Ports. This type of intimidation is bothersome, and it is hoped that no State funding will be removed from already approved projects. The purpose of the resolution is for New Hanover County to recover the reimbursements that have been withheld. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 SPECIAL MEETING AND REGULAR MEETING, SEPTEMBER 16, 2002PAGE 339 After hearing no further comments, Chairman Davis called for a motion. Motion : Chairman Davis MOVED, SECONDED by Commissioner Caster, to adopt the resolution as amended authorizing New Hanover County to retain Boyce & Isley, PLLC as counsel at a cost not to exceed $1,000 to recover reimbursements illegally withheld by the State of North Carolina and enter into the lawsuit filed by Carbarrus 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 27.8. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adjourn the meeting. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 4:15 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board