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2002-10-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, OCTOBER 21, 2002 PAGE 357 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 21, 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 A. Byrd, Sr., 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. Deputy County Manager Atkinson requested removal of Consent Agenda Item 19 because the necessary information could not be gathered in time to meet the filing deadline. He noted that the grant would be resubmitted next year, and stated the purpose of the grant is to establish a program to increase employment, job retention and develop work potential for youth ages 14-21. Commissioner Pritchett requested a correction to the August 19, 2002, minutes, Page 18, last sentence, regarding Mr. Mort Levine’s term of appointment to the Adult Care Home Community Advisory Committee. She requested the minutes to reflect that the term should expire August 31, 2003 instead of August 31, 2002. Clerk to the Board, Lucie F. Harrell, advised that she would be glad to correct the minutes. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to remove Item 19 from the Consent Agenda and approve the remaining items as presented including the correction to the minutes of August 19, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the corrected minutes for the Regular Meeting of the Board held August 19, 2002. Appointment of Angie Pennock to the Tidal Creek Watershed Management Advisory Board The Commissioners appointed Angie Pennock to serve on the Tidal Creek Watershed Management Advisory Board as the representative from the U.S. Army Corps of Engineers, replacing Scott McClendon who transferred to another area. Approval of Appointments to the Region O Regional Aging Advisory Council The Commissioners approved the appointment of Elizabeth J. Grace to the Region O Regional Aging Advisory Council and to the Home and Community Care Block Grant Committee, and the reappointments of Max Fenson, Jane Barefoot and Louise Siler to the Home and Community Care Block Grant Committee as recommended by the Division of Aging Director, Annette Crumpton. Authorization for the Department of Emergency Management to Accept Equipment and Planning Funds as Allocated from the N. C. Division of Emergency Management in Support of Response to Terrorism or a Mass Medical Response The Commissioners authorized the receipt of equipment and planning funds by the Department of Emergency Management as allocated by the N. C. Division of Emergency Management in support of response to terrorism or a mass medical response. The U.S. Department of Justice allocates funds and equipment to counties based on population, population density, and other factors. New Hanover County will receive approximately $60,000 for equipment and approximately $6,000 for planning, training, and exercises. No cash match is required by the County. Authorization for the Department of Emergency Management to Submit an Application for a Hazardous Materials Planning Grant The Commissioners authorized the Department of Emergency Management to apply for a Hazardous Materials Planning grant from the N. C. Division of Emergency Management for Hazardous Materials planning and exercises in conjunction with the efforts of the local hazardous materials and emergency planning committee. No County funds are required. The amount of the grant shall not exceed $8,000. Adoption of Resolution Awarding the Food Services Management Contract (#03-0005) to Trinity Services Group, Inc. for the New Detention Facility The Commissioners adopted a resolution awarding the Food Services Management contract to Trinity Services Group, Inc., the only completely responsive bid, to administer the food services program at the new Detention Facility for the Sheriff’s Department. The three-year contract will begin when the facility opens. It is estimated that the County NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, OCTOBER 21, 2002 PAGE 358 will save approximately $2,000 over a three-year period by using this contractor instead of continuing an in-house operation. The Chairman was authorized to execute any necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 1.1. A copy of the contract is on file in the Legal Department. Adoption of Resolution Awarding Contract #03-0051 to McKim & Creed for a Geo Positioning System Street Address Mapping Project for the IT Department and Approval of Associated Budget Amendment #2003-11 The Commissioners adopted a resolution awarding Contract #03-0051 to McKim & Creed in the amount of $130,000 for a Geo Positioning System Street Address Mapping project, and approved the associated budget amendment. The Chairman was authorized to execute the necessary contract documents. McKim & Creed will collect the “dispatch points” for each building in the County, which will permit the use of the E-911 Computer Aided Dispatch (CAD) software to identify the specific and precise location of each facility in the County. The current map system lacks this degree of precision. After submitting the Request for Qualifications (RFQ), six responses were received and evaluated. North Carolina General Statutes require that evaluations in the initial stages of the process be based on the RFQ criteria without consideration of cost. W. K. Dickson, Inc. was evaluated as first choice, but the best price negotiated with this firm was more than twice the budgeted amount. Negotiations proceeded with McKim & Creed, and a price of $130,000 was agreed upon. The project is budgeted at a base contract of $130,000 with a contingency of $20,000 if additional points are needed. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 1.2. A copy of the contract is on file in the Legal Department. Budget Amendment #2003-11-Orthophoto Project/Wireless 911 Fund AdjustmentDebitCredit Orthophoto Project: Transfer in from Wireless Fund$150,000 Extended Project Expense$150,000 Wireless 911 Fund: Appropriated Fund Balance$150,000 Transfer to Capital Project-Orthophoto$150,000 Explanation: To increase the budget for Orthophoto mapping project and include the $20,000 contingency. Adoption of Resolution Approving Contract #03-0097 with Detroit Stoker Company to Purchase Grate Replacement Parts for Two Units at the WASTEC Facility The Commissioners adopted a resolution awarding Contract #03-0097 to Detroit Stoker Company, in the amount of $55,253.31 to purchase grate replacement parts for two units at the WASTEC Facility. Pursuant to N.C.G.S. 143-129(f), a sole source purchase is allowed. The contract will establish fixed unit prices for the next three years, which will enable replacement parts to be purchased on an as-needed basis with controlled pricing during the term of the contract. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 1.3. A copy of the contract is on file in the Legal Department. Adoption of Resolution to Dispose of the Existing Telephone System in the Corning Building and Approval of Associated Budget Amendment #03-0054 The Commissioners adopted a resolution and approved the associated budget amendment to dispose of the existing telephone system at the newly purchased Corning Building. The telephone system was sold by private sale for $23,750 pursuant to N.C.G.S.160A-267. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 1.4. Budget Amendment #03-0054-Corning Project AdjustmentDebitCredit Corning Project: Sales of Fixed Assets$23,750 Other Improvements$23,750 Explanation: To budget revenue from the sale of the existing phone system in the New Administrative Annex Building. Proceeds will be applied toward the purchase of a new telephone system that will have local NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, OCTOBER 21, 2002 PAGE 359 maintenance, technical support, and integrate with other County sites. Adoption of Resolution to Dispose of Surplus Equipment and Vehicles Through a County Auction to be Held on November 23, 2002 The Commissioners adopted a resolution pursuant to N.C.G.S. 160A-270 to authorize the Finance Director’s designated representative to dispose of surplus equipment and vehicles through a County Auction to be held on November 23, 2002, 9:00 A.M. at the Property Management Maintenance Facility, 200 Division Drive, Wilmington, North Carolina. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 1.5. Authorization for the Health Department to Submit a Grant Application for a March of Dimes Chapter Community PROJECT STOP Grant The Commissioners authorized the Health Department to submit an application in the amount of $50,000 for a March of Dimes Chapter Community PROJECT STOP grant to evaluate smoking cessation programs for pregnant women who smoke. No County match is required. If the grant is awarded, the County Manager is authorized to accept the grant and approve the associated budget amendment. Approval of New Medicaid Rates for the Health Department to Receive Medicaid Reimbursement The Commissioners approved new Medicaid rates associated with the new Y and W codes to receive Medicaid reimbursements as recommended by the Board of Health. In order to become HIPAA Compliant, The Health Department must change Y and W Codes to (Current Procedure Terminology) CPT codes which will result in the use of standard code sets. The new rates became effective October 1, 2002. Approval of Changes in Method for Computing Compensation of Certain Employees in Response to Changes in the Method of Retirement Computation by the State The Commissioners approved changes in the method of computing compensation of the amounts allocated for auto allowance for the County Manager, County Attorney, and Clerk to the Board in response to a notification from the State that automobile allowances will no longer be included as compensation by the retirement system when computing retirement benefits. The amounts allocated for auto allowance will now be rolled into the salary for each affected individual so it can be included when reporting salary to the retirement system. Approval of Adjustment in Fees Charged for Use of Sheriff Department’s Firing Range The Commissioners approved adjusting the annual firing range fee to outside agencies from $200 to $1,000 per agency. With completion of the firing range, the $200 fee was not adequate to cover maintenance costs associated with the facility. Approval of Records Retention and Disposition Schedule for the New Hanover County Sheriff's Department The Commissioners approved enacting the model Records Retention and Disposition Schedule for use by the Sheriff’s Departments as recommended by the North Carolina Division of Archives. Enacting these guidelines will standardize the records policy and avoid having to retain obsolete documents. A copy of the schedule is on file in the Sheriff’s Department. Acceptance of Tax Collection Reports Through September 30, 2002 The Commissioners accepted the following Tax Collection Reports through September 30, 2002, as submitted by the Collector of the Revenue, Patricia J. Raynor: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXVIII, Page 1.6. Release of Values - Tax Department The Commissioners released late listing penalties for the following taxpayers as it was their first offense or they certified listings were mailed on time: Air Products and Chemicals$ 6.52 Applied Industrial Technologies $ 15.01 Atlantic Tool Grinding $ 11.31 CMSW Enterprises LLC$ 293.76 Desperados Steakhouse $ 13.29 Gulfstream Builders, Inc. $ 9.40 Hanover Medical Specialists $1,411.82 Intracoastal Anglers, Inc. $ 28.96 Jerry Porter Lincoln Mercury $ 596.40 Julia’s Florist, Inc. $ 76.53 Front Street Inn $ 41.99 Malaney, Candice $ 3.58 O'Malley Foot & Ankle, PA $ 32.38 Port City Marine Sales & Service, Inc. $ 3.27 Tise, Allan Brandon $ 6.35 Ultimate Tanning of Wilmington, Inc.$ 29.99 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, OCTOBER 21, 2002 PAGE 360 Verizon AirFone, Inc. $ 17.53 White, John F. Dr. DDS PA $ 15.30 Wrightsville Farms Management Group $ 106.76 The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers: Birth, Elvin E. & Shirley $50,539 Brown, Basil A. & Annie $41,172 Carroll, John E. & Lillie F. $30,479 Evans, Shirley F. $39,703 Fields, Ossie $50,866 Green, Eloise H. $24,124 Hamm, Gracie P. $36,107 Harrison, Leola $26,581 Hodge, Hattie M. $39,881 Jenkins, Elizabeth $50,778 McFadyen, Vivian S. $92,984 Midgett, Dallas R. $40,397 Mintz, John E. Jr., Etux. $34,297 Moore, Miriam M. $71,321 Olivo, Michael J. $52,010 Payne, Sarah Life Estate $37,076 Reaves, George, Etux.$30,978 Ripley, Lillian Gladys$33,249 Robertson, Margery W.$55,999 Rogers, Evelyn B. Diane$45,907 The Commissioners approved a request from the following organization for approval of a delinquent application for exemption from the property tax: Love Center Church, Inc.R05410-011-001-000 Approval of Change in Designation of Property Owned by Gary R. Walker, Parcel # R06200-003-049-00G, Due to Legislative Change of Effective Date The Commissioners approved a change in the designation of property, Parcel # R06200-003-049-00G, owned by Gary R. Walker, from personal property to real property for the 2002 tax year without any change in the assessed value pursuant to a legislative change made by the 2002 General Assembly. During the 2002 Board of Equalization and Review, Mr. Walker's attorney, Thomas Hicks, argued that his client's 1989 double-wide mobile home should not be taxed as real property but should be taxed as personal property. It was argued that the double-wide was not on Mr. Walker's land and did not sit on a permanent enclosed foundation pursuant to N.C.G.S. 105-273(13), which was scheduled to become effective July 1, 2002. The Tax Department argued that all double-wide mobile homes in New Hanover County had been identified as real property and were consistently appraised as real property. The Tax Department identified that the change to this statute was made without any consultation with the N. C. Department of Revenue or County tax officials and created a major problem with the majority of taxing jurisdictions within the state. Specifically, there was insufficient time to properly identify which double-wide mobile homes should be converted from real to personal property without personally reviewing each double-wide mobile home and establishing a depreciation schedule since personal property depreciates annually. The Department of Revenue recommended using the established market value for the county’s last general revaluation, effectively leaving the mobile home values unchanged the first year. The Department of Revenue further recommended that the law be phased in with each county’s next general revaluation. The Department of Revenue addressed this issue to the 2002 General Assembly as a correction to legislation enacted in 2001, but the legislature did not agree with the recommendation to phase in the law. The legislation did change the effective date from July 1, 2002 to July 1, 2003. The bill was sent to the Governor on October 2, 2002, for signature. PROCLAMATION DESIGNATING OCTOBER 20-26, 2002, AS “YWCA OF THE LOWER CAPE FEAR WEEK WITHOUT VIOLENCE IN NEW HANOVER COUNTY” County Manager O’Neal read the proclamation designating October 20-26, 2002 as YWCA of the Lower Cape Fear Week Without Violence in New Hanover County. Commissioner Pritchett spoke on the proclamation being an excellent concept and stated if a week can pass without violence, it may be possible to aspire to a month or a year in the future. She urged the citizens to cooperate and allow the week of October 20-26, 2002, to be a peaceful week in New Hanover County. Chairman Davis called for a motion to adopt the proclamation. Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt a proclamation to declare YWCA Week Without Violence from October 20-26, 2002 in New Hanover County the and urged all citizens to cooperate in this effort. Upon vote, the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis presented the proclamation to Ms. Tanina Richardson, a member of the YWCA Board, and complimented her and the YWCA Staff for the worthwhile services provided to the community. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, OCTOBER 21, 2002 PAGE 361 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVIII, Page 1.7. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager O’Neal requested the following persons to step forward to receive retirement plaques: Barbara C. FowlerSocial Services 29 years of service F. W. MorrisSocial Services24 years of service Susan M. O'BrienHealth Department27 years of service Mary C. ShepardSocial Services 20 years of service James Andy Wells Sheriff Department15 years of service On behalf of the Board, Chairman Davis presented a retirement plaque to each employee and expressed appreciation to them for their years of dedicated service to New Hanover County. A round of applause was given to the retirees. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS: County Manager O’Neal requested the following employees to step forward to receive service awards: Mike T. Arkinson IT Department 5 years of service Lloyd P. PrinceInspections Department 5 years of service Janet OliverLibrary 5 years of service Anita G. Jernigan Health Department20 years of service Frances F. DeVaneHealthDepartment25 years of service Emily B. MackFinance Department30 years of service On behalf of the Board, Chairman Davis presented a service award to each employee and expressed appreciation to these employees for their years of dedicated service. A round of applause was given to the employees. RECOGNITION OF NEW EMPLOYEES: County Manager O’Neal requested the following new employees to stand and be recognized: Trena Ballard, Health Department Teresa Gudely, Health Department Page Dunn, Health Department Justine Roach, New Hanover County Library Liesel Ward, Register of Deeds Ruth Ann Parker, Social Services Marie Walker, Social Services Laura Steuer, Social Services On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover County government and wished them success in their new positions. PRESENTATION OF BLUE RIBBON AWARD TO NEW HANOVER COUNTY EMPLOYEES PARTICIPATING IN THE MANAGEMENT ACADEMY FOR PUBLIC HEALTH County Manager O’Neal advised that New Hanover County had two teams to participate in the UNC-Chapel Hill Management Academy for Public Health Class of 2001-2002. The Blue Cohort Team consisted of representation from Animal Control Services. The Purple Cohort Team, consisting of Janet McCumbee (Health Department), Patricia A. Melvin (Assistant County Manager) Janet Nelson (Smart Start), Alicia Pickett (Health Department), and Kim Roane (Health Department) received the "Blue Ribbon" Award. This award is presented to the team whose business plan meets the following criteria: 1) the most exciting and creative; 2) contains the most compelling data and convincing arguments regarding needs; 3) contains the clearest and most thoughtful analysis of industry and competitors linked to specific implementation strategies; 4) contains the most compelling reasons to think the plan will work, including long term financial stability, sensible time line, and clear exit plan; and 5) contains concrete measures of success that will keep the plan on track. The plan, entitled “Hand in Hand for Healthier Children”, is designed to decrease the number of cases of shigellosis in New Hanover County via a community-wide handwashing education campaign, supported by public and private sectors. The success of the plan presentation also included a videotaped version by Eric Peterson, New Hanover County Production Specialist. The award has been forwarded by UNC-Chapel Hill School of Public Health, to be presented to the Purple Cohort Team. On behalf of the Board, Chairman Davis presented the award to the Purple Cohort Team and congratulated the team for winning the Blue Ribbon award and bringing this honor to New Hanover County. A round of applause was given to the team. PRESENTATION OF PUBLIC SERVICE ANNOUNCEMENTS Ms. Janet Nelson, Chairman of the Greater Wilmington Chamber Foundation PIECES Committee, and Diana Corbett, Executive Director of the Greater Wilmington Chamber Foundation, reported that the Chamber was NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, OCTOBER 21, 2002 PAGE 362 concentrating on developing character education traits for workforce development skills by stressing the importance of respect, responsibility, and perseverance. She advised that PIECES (Parents, Industry, and Educators Collaborating for Educational Success) is a lunch time parenting program that volunteers have successfully implemented at General Electric. Because of this success, the volunteers plan to present the program to another area business within the next year. Another project has been implemented through public service announcements that focus on character education. The goal is to teach parents that character building begins at an early age in children and these character traits will help their children to secure good jobs in the future and become contributing individuals in the community. In concluding the presentation, Ms. Nelson presented three of the public service announcements relating to teaching children character education. County Manager O’Neal spoke on the commitment made by the Chamber of Commerce Foundation to focus on character education for children and noted that Ms. Diana Corbett has been instrumental in working with the New Hanover County School System and developing other partnerships to provide these programs to our children. He stated that New Hanover County is fortunate to have Ms. Nelson and Ms. Corbett who have given a great deal of effort and time to implement these programs. On behalf of the Board, Chairman Davis expressed appreciation to Ms. Nelson, Ms. Corbett, and the volunteers for taking time to implement these worthwhile programs. APPROVAL OF NEW HANOVER COUNTY 2003-2005 WORK FIRST PLAN Ms. Karen Vincent, Interim Director of the Department of Social Services, reported that the Planning Committee appointed by the Board of County Commissioners to develop the 2003-2005 Work First Plan has completed its work. The Board of Social Services reviewed and approved the plan on September 25, 2002. New Hanover County will remain a standard county and will continue to follow the State's standard requirements for determining eligibility. The plan addresses all critical issues that will keep a family from needing public assistance. An effort was made to avoid duplication of services and provide designing activities through community private-public partnerships that will benefit any low income family, not just public assistance recipients. The plan will better address job retention, which is a new State goal. Ms. Vincent concluded the presentation by requesting the Board of County Commissioners to approve the plan. Commissioner Caster requested definitions on the terms, “meeting federal participation rates” and “benefit diversion”. Ms. Vincent explained that “benefit diversion” is accomplished by performing a good assessment when the client first comes in for assistance. This step allows for the needs to be met with one payment in lieu of placing the client on the Work First Assistance Program. For example, if a client is temporarily out of work but knows that he or she will return to work in two months, one payment can be made to meet the necessary needs until the client can return to work. This is considered a form of benefit diversion because the client is not automatically enrolled in the on-going public assistance program. Ms. Vincent explained that “meeting federal participation rates” is a term used by the federal government in establishing goals. For example, up to 50% of recipients on Temporary Assistance for Needy Families (TANF) must participate in 30 to 35 hours a week of acceptable activities such as searching for a job, educational activities, and actual work. The percentage increases to 100% for two parent families receiving TANF benefits. Hearing no further comments from the members of the Board, Chairman Davis called for a motion. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to approve the 2003-2005 Work First Plan as presented and approved by the Board of Social Services. Upon vote the MOTION CARRIED UNANIMOUSLY. On behalf of the Board, Chairman Davis expressed appreciation to Ms. Vincent and employees at the Department of Social Services for the services being provided to the community. A copy of the plan in on file at the Department of Social Services. NAMING OF PARKS Parks Director Neal Lewis reported that New Hanover County has recently acquired two properties which will be utilized for preservation and passive recreation areas. These properties are the Peterson tract on Middle Sound and the Gordon Road Hazard Mitigation area, on Gordon Road near I-40. The New Hanover County Parks and Recreation Advisory Board approved the following names on October 2, 2002: 1)Middle Sound Park and Peterson Trail for the Peterson tract and equestrian trail located in Middle Sound. 2) Smith Creek Park for the Gordon Road hazard mitigation property that is located along Smith Creek. Parks Director Lewis concluded his presentation by saying that the names are consistent with naming parks by geographical location and he requested the Board to approve the names. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, OCTOBER 21, 2002 PAGE 363 Hearing no comments from the public or members of the Board, Chairman Davis called for a motion. Motion: Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to name the Peterson tract Middle Sound Park and the equestrian trail, Peterson Trail as recommended by the Parks and Recreation Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to name the Gordon Road hazard mitigation property Smith Creek Park as recommended by the Parks and Recreation Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. In further discussion of naming parks and roads, Commissioner Caster advised that he would be attending the meeting of the War Time Veterans group that afternoon at 4:30 P.M. to hear discussion on how this group will honor William David Halyburton, Jr., a Medal of Honor Recipient from World War II. Commissioner Caster advised that the Parks and Recreation Advisory Board was in the process of renaming Veterans Park Drive after Mr. Halyburton. He suggested waiting to move forward with renaming the road until the War Time Veterans group has decided on how they will honor Mr. Halyburton so all interested groups will be on the same page. Parks Director Lewis advised that sufficient time was available to rename Veterans Park Drive. A petition has to be submitted to the Planning Department and finally approved by the Board of County Commissioners. He requested Commissioner Caster to keep him informed on the status of the plan so he will know what action to take. Commissioner Caster responded that he would forward a brief summary of the meeting to the Board and Parks Director. COMMITTEE APPOINTMENTS Appointment to the Adult Care Home Community Advisory Committee Chairman Davis announced that three vacancies needed to be filled on the Adult Care Home Community Advisory Committee. He reported that two applications have been received. Motion: Commissioner Boseman, MOVED, SECONDED by Commissioner Caster, to appoint Deborah D. Maxwell and Timothy Kevin Whiteman to serve initial one-year terms on the Adult Care Home Community Advisory Committee with the terms to expire October 31, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis requested Ms. Lucie F. Harrell, Clerk to the Board, to notify Ms. Deborah D. Maxwell and Mr. Timothy Kevin Whiteman of the appointments. Appointment to the Commission for Women Chairman Davis announced that an unexpired term needed to be filled on the Commission for Women. He advised that three applications had been received and the term would expire May 31, 2004. . Chairman Davis opened the floor to receive nominations. Commissioner Boseman nominated Iris Swain Saboor. The nomination was seconded by Commissioner Pritchett. Hearing no further nominations, Chairman Davis declared the nominations closed. Vote: The Board voted unanimously to appoint Iris Swain Saboor to fill the unexpired term of Leslie Hossfeld on the New Hanover Commission for Women. The term will expire May 31, 2004. Chairman Davis requested Ms. Lucie F. Harrell, Clerk to the Board to notify Ms. Iris Swain Saboor of the appointment. Appointment to the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board Chairman Davis announced that four vacancies needed to be filled on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board, with representation needed in both the At-Large and Faith Communities. He reported that eleven applications were received with two applicants, Pastor Bo Baker, representing the Faith Community, and John Ranalli, representing the At-Large Community, desiring to be reappointed. Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, to reappoint Pastor Bo Baker to serve a second term as the Faith Community representative on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board. The term will expire October 30, 2005. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis opened the floor to receive nominations for the remaining three categories. Chairman Davis nominated John A. Ranalli for reappointment. The nomination was seconded by Commissioner Boseman. Commissioner Caster nominated Dianne W. Ledbetter. The nomination was seconded by Vice-Chairman Greer. Commissioner Caster nominated Barry E. Williams. The nomination was seconded by Commissioner Pritchett. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, OCTOBER 21, 2002 PAGE 364 Commissioner Boseman nominated Marian E. Mosser. The nomination was seconded by Commissioner Caster. Commissioner Boseman nominated Dolores M. Williams. The nomination was seconded by Vice-Chairman Greer. Commissioner Pritchett nominated Cheryl Denkins. The nomination did not receive a second. Chairman Davis nominated Dale Willetts. The nomination did not receive a second. Hearing no further nominations, Chairman Davis declared the nominations closed. Chairman Davis called for a vote on the appointment of Dianne W. Ledbetter. Vote: The Board voted 2 to 3 to appoint Dianne Ledbetter. Vice-Chairman Greer and Commissioner Caster voted in favor of the appointment. Chairman Davis called for a vote on the appointment of Marian E. Mosser. Vote: The Board voted 4 to 1 to appoint Marian E. Mosser to fill an at-large position on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board. The term will expire on September 30, 2005. Chairman Davis, Commissioner Boseman, Commissioner Caster, and Commissioner Pritchett voted in favor of the appointment. Chairman Davis called for a vote on the reappointment of John Ranalli. Vote: The Board voted 4 to 1 to reappoint John A. Ranalli to serve as an at-large representative on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board. The term will expire September 30, 2005. Chairman Davis, Vice-Chairman Greer, Commissioner Boseman, and Commissioner Pritchett voted in favor of the appointment. Chairman Davis called for a vote on the appointment of Barry E. Williams. Vote: The Board voted 3 to 2 to appoint Barry E. Williams to serve as an at-large representative on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board. The term will expire September 30, 2005. Commissioner Caster, Commissioner Pritchett, and Chairman Davis voted in favor. Chairman Davis requested Ms. Lucie F. Harrell, Clerk to the Board, to notify Pastor Bo Baker, Marian E. Mosser, John A. Ranalli, and Barry E. Williams of the appointments. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. . No items were presented MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session at 9:50 A.M. to hold a meeting of the Water and Sewer District. Chairman Davis reconvened to Regular Session at 10:10 A.M. ADDITIONAL ITEMS Relocation of the Recycling Center to Lowes Food Store at Monkey Junction Commissioner Pritchett announced that the Lowes Food Store is the new location for the Recycling Center at Monkey Junction. She expressed appreciation to Lowes for providing a site to this area and stated that the Environmental Management Department received 200 to 250 calls per day during the time between the closing of the Veterans Park recycling site and opening of the new site. With this amount of public interest, it is hoped that a curbside recycling program can be provided to the entire county in the near future. Announcement of Visit by Governor Easley Chairman Davis announced that Governor Easley will be at the Senior Center on Tuesday, October 22, 2002, at 10:30 A.M. to discuss the new Senior Care Prescription Drug Program. Commissioner Pritchett advised that she planned to attend the event. Discussion on the Establishment of a Tourist Development Authority (TDA) to Manage the Additional 3% Room Occupancy Tax Chairman Davis spoke on the need to establish a Tourist Development Authority (TDA) and asked when this item would be placed on the agenda. County Attorney Copley responded that the TDA item would be placed on the November 12 agenda. Commissioner Caster requested County Attorney Copley to include the letter from Vinton Fountain in the agenda packet. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, OCTOBER 21, 2002 PAGE 365 Dedication of The William Allen Cobb Judicial Annex County Manager O’Neal reminded the Board that the dedication for The William Allen Cobb Judicial Annex Building will be held on October 25, 2002, at 1:00 P.M. on the Third Street side of the new building. Discussion of Improvements to the Monkey Junction Intersection Commissioner Boseman advised that Mr. Mark Tinkler, the new City Transportation Planner, had done an excellent job in working with the Transportation Advisory Committee and the N. C. Department of Transportation to move forward with improvements to the Monkey Junction intersection. If the current rate of progress continues, it appears that transportation improvement fees collected from Lowe’s, Wal Mart and other businesses in that area will be used for the improvements instead of being reimbursed because the project was not ready to begin by the specified deadline. Commissioner Caster advised that he had not met Mr. Tinkler and suggested inviting him to attend a regular meeting. County Manager O’Neal responded that he would be glad to invite Mr. Tinkler to attend a meeting. Announcement of U. S. Marshall to Visit the Law Enforcement Center to Present a Check to the Sheriff to be Used Toward Construction of the New Jail Deputy County Manager Atkinson reminded the Board that at 10:00 A.M. on Tuesday, October 22, the U. S. Marshall will be at the Sheriff’s Office in the Law Enforcement Center to present the County with a $1,200,000 check to be used toward the cost of constructing the new Jail. Vice-Chairman Greer requested an explanation of how the funds would be used. Deputy County Manager Atkinson responded that a portion of the money will be used to pay for the video conferencing and finger printing equipment. The remaining $1,060,000 will be used to reduce the overall cost for construction of the new Jail. In discussion of who would be able to attend the presentation by the U. S. Marshall, Vice-Chairman Greer stated that he would attend the event. Discussion of Committee Applications Being Held on File Discussion was held on the length of time that applications are held on file in the Clerk’s office. Commissioner Pritchett commented on receiving a call from a person with an application on file for more than year who was surprised to be nominated for a board appointment. She suggested that all persons with applications on file for more than a year should be called to be sure they want to be considered for an appointment. After explaining that all applicants are notified about being considered for appointment, Ms. Harrell advised that she would be glad to reword the notification card to clearly state that the office should be contacted if the applicant is not interested in serving on a board. Vice-Chairman Greer also suggested placing a statement on the application form saying that all applications are kept on file for 18 months. Ms. Harrell agreed and said that a statement would be placed on the application form. Discussion of Work First Plan and Status Report on the Hiring a New Director of Social Services Mr. Sherman L. Criner, Chairman of the New Hanover County Board of Social Services, expressed appreciation to the Board of County Commissioners for adopting the Work First Plan for 2003-2005 and stated that Ms. Karen Vincent, Interim Director for the Department of Social Services, was performing an excellent job. Mr. Criner also reported that the Board of Social Services was moving forward with hiring a new Director for the Department of Social Services. He advised that a nationwide search is being conducted and approximately 80 applications have been received. Once the October 31, 2002, deadline is reached, the Board of Social Services will narrow the applicants to 12 through telephone interviews. This number will then be reduced to 5 applicants. Interviews will be scheduled with each applicant, and a final selection will be made. The new director should be hired by the beginning of 2003. On behalf of the Board, Chairman Davis expressed appreciation to Mr. Criner for the status report. Discussion of the Highway 17 Bypass Task Force Commissioner Boseman asked if Staff has provided sufficient guidelines and directions to the recently appointed members of the Highway 17 Bypass Task Force. Assistant County Manager Dave Weaver advised that the first meeting is scheduled for 3:00 P.M. tomorrow and the Planning Director has circulated draft objectives to each member of the Task Force. Commissioner Boseman expressed concern for the amount of time allowed for the final report to be completed. Commissioner Pritchett stated with the number of holidays between now and the new year, the date of March 2003 for the interim report and July 2003 for the final report is a reasonable time frame. She stressed the importance of allowing the Task Force to have time to provide innovative recommendations without any form of micro-management. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29 MINUTES OF REGULAR MEETING, OCTOBER 21, 2002 PAGE 366 In further discussion, Commissioner Boseman commented on the need to update the Comprehensive Land Use Plan and suggested consideration be given by the Board of County Commissioners about the Highway 17 Bypass Task Force serving as the group to participate in updating the Land Use Plan. County Manager O’Neal offered to provide a report on when the Land Use Plan should be updated and stated that activities of the Highway 17 Bypass Task Force should remain a separate study group for this area. He advised that the Land Use Plan Update will be a group comprised of representatives from all local governments and numerous agencies. Work Session Scheduled to Discuss the Assessment Roll for the Mason Inlet Relocation Project County Manager O’Neal advised that the Board decided at the Thursday Staff meeting to schedule a Work Session on Thursday, November 7, 2002, at 7:00 p.m. in the Assembly Room to discuss the assessment roll for the Mason Inlet Relocation Project and make a determination of the cost. He noted that Ms. Harrell, Clerk to the Board, had informed him that a regular meeting of the Planning Board was scheduled in the Assembly Room on the same evening at the same time. Since a large number of people will be attending the Work Session and the equipment in the Assembly Room is needed, the Board may want to consider beginning the Staff Meeting at 3:00 p.m. on November 7, 2002, followed by a Work Session from 4:00 p.m. until 6:00 p.m. This will allow time for Property Management to prepare the Assembly Room for the 7:00 p.m. Planning Board meeting. Vice-Chairman Greer expressed concern for holding a two-hour meeting to discuss the assessment roll since the figures have already been calculated and the benefitted property owners know they have to pay the assessments. Assistant County Manager Weaver stressed the importance of the Finance Director explaining how different parcels were assessed and how costs were determined so benefitted property owners can understand the assessment process. Since a large group people will be attending the meeting and may want to speak, it would be beneficial for the Board to decide if public comments will be received at the Work Session. In closing, Assistant County Manager Weaver stated that representatives from the N. C. Wildlife Resource Commission, U. S. Fish and Wildlife Services, and the Audubon Society have been invited to attend the meeting to answer questions. Chairman Davis suggested holding a Work Session on November 7, 2002 without receiving public input so the Commissioners can discuss the entire assessment process. Consensus: After further discussion, it was the consensus of the Board to schedule the Thursday Staff Meeting on November 7, 2002 at 3:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, followed by a Work Session from 4:00 p.m. until 6:00 p.m to discuss issues regarding the Mason Inlet Relocation Project. MEETING RECESSED FOR A BREAK Chairman Davis recessed the meeting at 10:45 a.m. until 11:00 a.m. CLOSED SESSION Chairman Davis announced that a Closed Session would be held pursuant to N.C.G.S. 143-318.11(a)(3) to consult with counsel about pending litigation. He called for a motion to convene to Closed Session. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to convene to Closed Session for the purpose stated. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis convened from Regular Session at 11:04 a.m. Chairman Davis reconvened to Regular Session at 12:30 p.m. He reported that since New Hanover County has become a partner of the lawsuit filed by Cambarus County et al vs. N. C. Secretary of State Norris L. Tollon, the Closed Session was called to hear a status report from Attorney Gene Boyce and his son, Attorney Dan Boyce, the counsel representing the parties in the lawsuit. No official action was taken by the Board of County Commissioners. If the press, media or public would like to ask questions concerning the lawsuit, these questions should be directed to Attorney Gene Boyce and Attorney Dan Boyce. ADJOURNMENT After hearing no further items, Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 12:35 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Boa rd