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HomeMy WebLinkAbout2000-09-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 190 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 18, 2000 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 Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; and County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented from the public. Chairman Caster announced that Item 9, consideration of transferring the Coastal Consumer Health Library into the New Hanover County Public Library System, had been removed from the Regular Agenda. APPROVAL OF CONSENT AGENDA Chairman Caster announced that Item 10 regarding the application for a Local Law Enforcement Block Grant had been removed from the Consent Agenda. He also requested the Board to adopt a resolution of support for the fall “Litter Sweep” campaign as part of the Consent Agenda. Commissioner Birzenieks requested further discussion of Consent Agenda Item 11. Vice-Chairman Greer requested further discussion of Consent Agenda Item 2. Discussion of Consent Agenda item 2, Authorization to Submit a Grant to the Philip Morris Foundation to Fund a Pilot Project to Enhance the Home Delivered Meal Program Vice-Chairman Greer expressed concern for grant funds in the amount of $89,845 from the Philip Morris Foundation being used to study the nutritional needs of the recipients instead of serving meals to elderly persons on the waiting list at the Department of Aging. He asked if the money could be spent to provide meals to more people. County Manager O’Neal responded that he would be glad to check with the Director of Aging and report back to Vice-Chairman Greer. Discussion of Consent Agenda Item 11, a Request for Approval of Child Protective Services and Child Welfare Positions After speaking on being supportive of the grant funded positions, Commissioner Birzenieks stressed the importance of all new employees being told that if grant funding is not received next year, the positions will be eliminated. County Manager O’Neal explained that this caveat was placed on all grant funded positions and advised that all employees are informed about this condition when hired. Chairman Caster asked Vice-Chairman Greer if he was satisfied with the response from the County Manager regarding Consent Agenda Item 2. Vice-Chairman Greer responded that he NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 191 supported the grant application; however, he hoped that every effort would be made to feed more elderly people with the funding if the grant is awarded. Chairman Caster called for a motion to approve the Consent Agenda. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to approve the items on the Consent Agenda with removal of Item 10 and adoption of a resolution of support for the fall “Litter Sweep” campaign. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Acceptance of Grant from Senior Center General Purpose Funds for Department of Aging and Approval of Associated Budget Amendment #01-0039 The Commissioners accepted a grant in the amount of $6,098 from the Senior Center General Purpose Fund for the Department of Aging and approved the associated budget amendment listed below. Sufficient funds are in the Senior Center’s approved budget to cover the required 10% match. Budget Amendment #01-0039 - Department of Aging ADJUSTMENTDEBITCREDIT Aging/Senior Center: Aging Social Services State $231 Salaries and Wages $231 Explanation: To reduce the budget by $231 to agree with the actual grant award. Authorization for the Department of Aging to File a Grant Application to the Philip Morris Foundation to Fund a Pilot Project to Enhance the Home Delivered Meal Program The Commissioners authorized the Department of Aging to file a grant application to the Philip Morris Foundation in the amount of $89,545 to enhance the Home Delivered Meal program. If the grant is awarded, the funds will be used to implement a pilot program to train volunteers to conduct 6-month home assessments and conduct a nutrition survey to determine the needs of the elderly and their malnutrition risks. Authorization for the Health Department to File a Grant Application to the Elton John AIDS Foundation to Fund Enhanced Counseling Program for HIV/AIDS Prevention The Commissioners authorized the Health Department to file a grant application in the amount of $48,000 to the Elton John AIDS Foundation to start an Enhanced Counseling Program, which the Board of Health approved at its September meeting. The funding will include a new full-time masters level Social Worker to implement the program. This will enable the Health Department to provide enhanced counseling services to newly diagnosed HIV-infected individuals and high risk Sexually Transmitted Disease (STD) clinic users. The Enhanced Counseling Program will assist these individuals in accessing resources and preventing the transmission of this disease to others. Approval of Northeast Regional Library Change Order to Contract #99-0366 and Approval of Associated Budget Amendment #2001-06 The Commissioners approved a change order to Contract #99-0366 for Hale Construction and approved associated Budget Amendment #2001-06 as listed below to renovate the space leased by UNCW in the Northeast Branch Library. UNCW will reimburse the County $279,092 for renovation of the space. #2001-06ADJUSTMENTDEBITCREDIT Northeast Regional Library Capital Project: Installment Loan Proceeds $426,134 Contributions/Builders $279,092 Capital Project Expense$705,226 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 192 Explanation: To budget funds for the UNCW renovation (Hale Construction) at the Northeast Regional Library Adoption of Resolution to Extend Due Date of the Principal Component of Installment Payments for Financing the Purchase of Airlie Gardens The Commissioners adopted a resolution and approved a contract amendment to extend the November 1, 2000, due date of the principal component of installment payments for financing the purchase of Airlie Gardens for a period of 180 days. The original plan was to refinance this debt by the due date through Certificates of Participation. The Certificates of Participation process has been delayed; therefore, First Union National Bank has agreed to extend the financing agreement for 180 days. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 16. Adoption of Resolution to Award Bid #01-0103 to Xerox Engineering Systems for the Purchase of a Digital Document System and Trade-In of a Surplus XEROX 2515 Printer - Register of Deeds The Commissioners adopted a resolution to award Bid #01-0103 and approve the draft contract to Xerox Engineering Systems in the amount of $36,115 to purchase a digital document system, including the trade-in of a Xerox 2515 printer for the Register of Deeds. The Chairman was authorized to execute the necessary documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 16. Approval of Release of Value - Tax Department The Commissioners approved the release of the following late listing penalty as this was the taxpayer’s first offense: Shafune Inc., d/b/a Nevada Bob’s Discount Golf$ 32.13 The Commissioners approved a Senior Citizen/Disability Exclusion for the following taxpayers: Dutton, Lois G.$20,000 Hite, Ernestine B$20,000 MacWilliam, Allise$20,000 Acceptance of Tax Collection Reports Through August 31, 2000 The Commissioners accepted the following Tax Collection Reports through August 31, 2000, 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 XXVI, Page 16. Authorization for the Chairman to Write a Letter to North Carolina General Assembly Requesting Support for Regional Transportation Needs The Commissioners approved sending a letter to the North Carolina General Assembly requesting legislators to expedite completion of the US Highway 17 connector between I-40 north of Wilmington and the US Highway 17 South in Brunswick County. Approval of Child Protective Services and Child Welfare Positions and Approval of Associated Budget Amendment #01-0041 - Department of Social Services The Commissioners approved nine (9) new Child Protective and Child Welfare positions in NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 193 the Department of Social Services and approved the associated budget amendment listed below subject to the condition that the positions will be eliminated if the State stops funding in the future. In recognition of the increasing demands for Child Protective Services, the 2000 North Carolina General Assembly appropriated $7,260,000 to create new child welfare positions in the counties. Based on workload standards, the N. C. Division of Social Services determined that New Hanover County needed nine (9) new positions and allocated an annual amount of $587,205 to the Department of Social Services. No county match is required. ADJUSTMENTDEBITCREDIT Social Services/DSS-Administration: DSS Administrative Grants $440,404 Salaries and Wages$400,404 Contracted Services$ 40,000 Explanation: To budget nine (9) months staffing/administration costs for the new State appropriation. Social Services will contract with other organizations to provide services to clients. Adoption of Resolution Declaring September as “Sickle Cell Awareness Month” “Sickle Cell Awareness The Commissioners adopted a resolution declaring September as Month” in New Hanover County. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 16. Adoption of Resolution Proclaiming October as “Cape Fear River Awareness Month” in New Hanover County “Cape Fear Awareness The Commissioners adopted a resolution proclaiming October as Month” in New Hanover County. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 16. Approval of Budget Amendment #01-0029 to Budget Appropriated Funds Balance for Outstanding Purchase Orders as of June 30, 2000 The Commissioners approved the following budget amendment: DEPARTMENT: Various ADJUSTMENT DEBITCREDIT General Fund: County Commissioners Appropriated Fund Balance $1,385,026 Human Resources: Departmental Supplies$ 5,365 Information Technology: Departmental Supplies$ 3,406 Other Improvements$ 3,945 Capital Outlay - Equipment$ 5,842 Tax: Other Improvements$19,086 Register of Deeds: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 194 (Budget Amendment #01-0029 Continued)DEBITCREDIT Contracted Services$175,605 Maint. & Repairs - Equipment$ 2,844 Capital Outlay - Equipment$228,448 Vehicle Management: Capital Outlay - Equipment$ 21,460 Property Management: Maint. & Repairs-Buildings & Grounds$166,090 Building$142,305 Capital Outlay - Equipment$ 5,320 Engineering: Contracted Services$ 14,400 Sheriff - 911: Contracted Services$ 720 Maint. & Repairs - Equipment$ 11,494 Departmental Supplies$112,762 Capital Outlay - Equipment$ 9,210 Sheriff - Jail Contracted Services$ 2,160 Departmental Supplies 3,200 Capital Outlay - Equipment$ 25,776 Sheriff/Jail-Out of County Housing: Departmental Supplies$ 400 Capital Outlay - Equipment$ 5,950 Emergency Management: Departmental Supplies$ 5,658 Motor Vehicle Purchases$ 36,502 Courts - Clerk of Superior Court: Departmental Supplies$ 975 Inspections: Contracted Services$ 11,450 Departmental Supplies$ 4,880 Capital Outlay - Equipment$ 68,777 Planning: Contracted Services$ 9,163 Printing Charges$ 5,778 Cooperative Extension Service: Maint. & Repairs - Buildings & Grounds$ 3,400 Other Improvements$ 19,165 Airlie Gardens: Signage$ 3,951 Environmental Health: Departmental Supplies$ 170 Animal Control: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 195 Budget Amendment #01-0029 Continued)DEBITCREDIT ( Contracted Services$ 1,920 Capital Outlay - Equipment$ 2,200 Health Administration: Other Improvements$ 86,828 Epidemiology: Capital Outlay - Equipment$ 45,353 Navigator: Departmental Supplies$ 170 Health Check: Departmental Supplies$ 170 Jail Health: Departmental Supplies$ 170 Health Education: Departmental Supplies$ 1,450 Social Services/Administration: Departmental Supplies$ 2,263 Capital Outlay - Equipment$ 3,329 Library: Contracted Services$ 32,324 Departmental Supplies$ 105 Capital Outlay - Equipment$ 6,903 Motor Vehicle Purchases$ 14,059 Parks: Other Improvements$ 11,474 Museum: Contracted Services$ 10,500 Maint. & Repairs- Equipment$ 5,676 Printing Charges $ 5,000 Departmental Supplies$ 1,500 Other Improvements$ 15,500 Capital Outlay - Equipment$ 2,475 Fire District: Fire Departments: Appropriated Fund Balance$ 25,136 Capital Outlay - Equipment$ 13,500 Fire Administration: Departmental Supplies$ 482 Safety Equipment$ 1,100 Capital Outlay - Equipment$ 7,698 Fire Operations: Firefighting Supplies$ 713 Safety Equipment$ 1,643 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 196 (Budget Amendment #01-0029 Continued)DEBITCREDIT Environmental Management Fund: Landfill Operations: Appropriated Fund Balance$343,797 Contracted Services$323,249 Main. & Repairs - Landfill$ 6,250 Other Improvements$ 8,970 Recycling: Contracted Services$ 5,328 Sewer Operating Fund: Appropriated Fund Balance$605,742 Water and Sewer Finance: Revolving Loan Fund$ 868 Water and Sewer Engineering: Contracted Services$357,925 Maint. & Repairs - Equipment$ 1,600 Departmental Supplies$ 11,300 Other Improvements$ 58,021 Capital Outlay - Equipment$171,361 Motor Vehicle Purchases$ 4,667 Explanation: To budget appropriated funds balance for outstanding purchase orders as of June 30, 2000. The amounts should be added to each appropriation as it appears in the Budget Ordinance in order to account for the payment against the fiscal year in which it is paid. (Adopted in the Budget Ordinances for FY 2000-2001 dated June 19, 2000). Approval of Budget Amendment #01-0038 to Rollover Expenditures from FY 1999-2000 to FY 2000-2001 The Commissioners approved the following budget amendment: DEPARTMENT: Various BUDGET AMENDMENT #: 01-0038 ADJUSTMENT DEBITCREDIT General Fund: County Commissioners: Appropriated Fund Balance $1,440,854 Social Services: NHC Hurricane Floyd Relief Funds: Floyd Recovery Housing Assistance$ 82,136 Floyd Relief$ 34,468 Information Technology: Capital Outlay - Equipment$ 26,111 Tax: Capital Outlay - Equipment$ 13,290 Register of Deeds: Capital Outlay - Equipment$150,591 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 197 (Budget Amendment #01-0038 Continued)DEBITCREDIT Property Management: Building$138,000 Engineering: Capital Outlay - Equipment$ 14,000 Non-Departmental: Public Access Channel$ 48,500 Contracted Services$ 63,000 Sheriff - 911: Contracted Services$ 69,457 Maint. & Repairs - Equipment$146,546 Computer Expenses$183,122 Emergency Management: Communications Tower: Departmental Supplies$ 5,600 Courts - District Attorney: Contracted Services$ 4,492 Airlie Gardens: Maint. & Repairs - Buildings & Grounds$184,000 Other Improvements$ 97,700 Health - Administration: Other Improvements$ 28,424 Animal Control: Main. & Repairs - Equipment$ 6,500 Epidemiology: Contracted Services$ 21,000 Departmental Supplies$ 29,957 Capital Outlay - Equipment$ 21,565 Social Services: New Hanover County Hurricane Floyd Relief: Main. & Repairs-Homeowner Repairs$ 82,136 Assistance Payments$ 34,468 Parks: Other Improvements$ 19,100 Museum: Salaries and Wages$ 7,895 Social Security Taxes$ 344 Retirement - Local Government Employee$ 159 Other Improvements$ 57,001 Main. & Repairs - Buildings & Grounds$104,500 Fire District: Fire Departments: Appropriated Fund Balance$110,678 Computer Expenses$ 57,466 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 198 (Budget Amendment #01-0038 Continued)DEBITCREDIT Volunteer Recognition$ 2,850 Emergency Measures$ 6,082 Other Improvements$ 15,227 Capital Outlay - Equipment$ 29,053 Environmental Management Fund: Landfill Operations: Appropriated Fund Balance $1,481,000 WASTEC - Administration: Capital Outlay - Equipment$1,481,000 Sewer Operating Fund: Appropriated Fund Balance $ 295,099 Water and Sewer Engineering: Capital Outlay - Equipment$ 280,000 Water and Sewer Finance: Revolving Loan Fund$ 15,099 Explanation: To rollover the following expenditures from FY 1999-2000 to FY 2000-2001. The above items were budgeted in FY 1999-2000, but completion of transactions did not occur prior to June 30, 2000. General Fund: Information Technology: Funds are for nine Environmental Health replacement laptop computers. Tax: Carry-over of funds related to remodeling of tax area. Register of Deeds: Funds needed for capital outlay related to completion of Register of Deeds Automation Project. Property Management: Carry-over funds for storage and vehicle management buildings begun in FY 2000-2001. Engineering: Funds for a replacement machine capable of copying maps. Non-Departmental: Carry-over funds for expenses related to Pay and Classification Study and Public Access Channel. Sheriff - 911: Carry-over of funds related to Computer-Aided Dispatch Project. Emergency Management: Funds for an alarm system and communications tower erosion control. Courts: Carry-over funds of match for Wilmington Gun Violence Reduction Project (Commissioner approval on April 17, 2000). Airlie Gardens: Funds for improvements. Health Department: Carry-over of funds for complete renovation of medical records area and implementation of Animal Control system. Social Services: Funds for State grant revenue and expenditures related to hurricane relief. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 199 Parks: Carry-over funds for matching incentive grant to reimburse Winter Park Optimist Club for the Brock-Scott Restroom/Field Safety Project. Museum: Funds for staff hours related to hurricane cleanup, installation of a generator switch, and maintenance and repairs of building due to weather intrusion and shifting. Fire Service District: Carry-over of funds for Day in the Park for Fire Fighters, emergency measure funds, CAD Project, and implementation of rescue services. Water and Sewer Engineering: Funds for a positive displacement manhole suction unit, five portable generators, ten remote telemetry units for pump stations (RTU's), and revolving loan fund. Environmental Management: Carry-over funds for Continuous Emission Monitoring System - $231,000, Carbon Injection System - $250,000, and retubing No. 1 and No. 2 boilers - $1,000,000. Approval of Budget Amendment #01-0040 to Increase Budget for Additional Grassroots Science Funds Awarded FY 2000-2001 The Commissioners approved the following budget amendment: DEPARTMENT: Museum-Grassroots Science BUDGET AMENDMENT #: 01-0040 ADJUSTMENT DEBITCREDIT Grassroots Science Grant$203,944 Temporary Salaries$47,257 FICA$ 3,574 Medical Insurance$ 8,516 Disability Insurance$ 80 Advertising$15,903 Contracted Services$30,450 Printing$ 1,500 Supplies$ 8,411 Dues and Subscriptions$ 570 Auto Reimbursement$ 300 Travel$ 5,100 Insurance$ 800 Flow Through$ 6,142 Capital Outlay$ 1,495 Administrative Reserve$73,846 Explanation: To increase budget for additional Grassroots Science funds awarded for FY 2000-2001. PRESENTATION OF CLASS ACT AWARD County Manager O’Neal requested Ms. Penny Raynor, Family Nurse Practitioner, in the Jail Medical program to step forward to receive a “Class Act” award. He explained to the public that Class Act awards are given to employees who are performing in an exceptional manner within their department. During the past six years, only six employees have received the award. On behalf of the Board, Chairman Caster presented the “Class Act” award to Ms. Raynor and he commended her for the quality of care and outstanding job being performed in implementing jail medical services to inmates. He also expressed appreciation to her for the number of unpaid hours given to carry out this responsibility. He referenced visiting the Jail Medical Services office last week and stated the professional manner in which Ms. Raynor administers this program is truly an example of a Class Act employee. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 200 Ms. Raynor stated that she was overwhelmed and somewhat embarrassed by this recognition because she enjoyed her job. She expressed appreciation to Ms. Betty Creech, her supervisor, for nominating her to receive the award. She also expressed appreciation to her qualified medical staff who not only make her job easier but more enjoyable. A round of applause was given to Ms. Raynor. PRESENTATION OF RETIREMENT PLAQUES County Manager O’Neal requested the following employees to step forward to receive retirement plaques: Alice H. Hardee15 years, 7 monthsTax Department Robert E. Spell30 years, 7 monthsSheriff’s Department Linda Bohn14 yearsSocial Services Department Janet Seapker22 yearsCape Fear Museum On behalf of the Board, Chairman Caster presented retirement plaques to the following employees and expressed appreciation to them for their years of dedicated service to New Hanover County. PRESENTATION OF NEW HANOVER COUNTY EMPLOYEE SERVICE AWARDS County Manager O’Neal requested the following persons to step forward to receive service awards: Jay Graham 5 yearsInspections Mania S. Swart5 yearsHealth Department Christopher B. O’Keefe10 yearsPlanning Department Gloria J. Bowden15 yearsSocial Services Department Eleanor W. Jones25 yearsHealth Department On behalf of the Board, Chairman Caster presented service awards to these employees and expressed appreciation to them for their service to New Hanover County. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: Anne Brown, Finance Department Tiffany Allen, Finance Department Lenora Lunceford, Health Department Marsha Watts, Health Department Nicole Sweder-Gambrill, Health Department Michelle Locklear, Health Department William Hardman, New Hanover County Library Paige Owens, New Hanover County Library Lisa Yemma, Cape Fear Museum Amy Everett, Tax Department Jim Hardin, Tax Department Joan Hulette, Health Department Karl Deweese, Parks Department Stephanie Visintainer, Health Department On behalf of the Board, Chairman Caster welcomed these new employees to County government and wished them success in their new positions. INTRODUCTION OF DR. MILAN DLUHY, CHAIRMAN OF THE UNCW POLITICAL SCIENCE DEPARTMENT County Manager O’Neal introduced and recognized Dr. Milan Dluhy, the new Chairman of the Political Science Department at the University of North Carolina at Wilmington (UNCW). He reported that Dr. Dluhy has joined UNCW from Florida International University where he was NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 201 involved with assisting local governments in projects and studies. He stated that Staff looks forward to working with him. Dr. Dluhy informed the Board that in August, UNCW will be launching a Masters Program in Public Administration that will include an internship so students will be required to work with governmental entities to perform program evaluations or develop studies as part of the training process. Another program to be offered is an Executive Development program, that is not available in this area. In closing, Dr. Dluhy stated that he was delighted to be a member of the UNCW faculty and to have an opportunity to work with local governments. On behalf of the Board, Chairman Caster welcomed Dr. Dluhy to New Hanover County and stated that he was excited about the MPA program, which will greatly benefit the area. RECOGNITION OF THE CAPE FEAR RIVER AND APPROVAL OF PROCLAMATION DECLARING OCTOBER “CAPE FEAR RIVER AWARENESS MONTH” “Cape Fear River Awareness Chairman Caster read a proclamation declaring October as Month” in New Hanover County and he requested the Board to adopt the proclamation. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt a “Cape Fear River Awareness Month” proclamation designating October as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 16. PRESENTATION ON AFFORDABLE HOUSING IN NEW HANOVER COUNTY Mr. Carl Byrd, Chairman of the Human Relations Department, and Mr.Tom Dodson, a A Guide to Purchasing member of the Fair Housing Task Team, presented a booklet entitled, Affordable Housing in New Hanover County. Mr. Byrd reported that on March 19, 1999, the Fair Housing Task Team was formed under the New Hanover County Human Relations Commission in response to the Fair Housing Impediments Analysis report. The purpose of the Task Force was to recognize and understand the nature of fair housing problems and develop strategies to reverse these issues. An additional objective was to build some institutional stakeholders in assuming the responsibility for bringing about the charge. A Task Force was established comprised of a diverse group of leaders representing the banking and lending community, real estate, and key government institutions. The following steps have been taken by this group: •The first step was to gain understanding of the Impediments Analysis report and to specifically define fair housing problems. •The second step was to brainstorm the educational efforts already in place dealing with fair housing and develop the areas where gaps existed with teams formed to work in these areas. Two teams were formed: (1) the Clarification Team charged with the responsibility to clarify the persons and entities involved in the fair housing industry and develop these resources into one inclusive document; and (2) the Communications Team charged with determining the best ways to communicate to the target groups. •The third step was to hold team meetings and develop working charters for both teams. •The fourth step was to prepare an Action Plan to be submitted to the Board of County Commissioners. This plan was approved by the County Commissioners on July 12, 1999, and action began. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 202 •The fifth step was development of a survey that was forwarded to banking and lending institutions in the region to gather all products and programs available to potential home buyers. •The sixth step was for both teams to meet to compile the data, survey and analyze the data, and break down the results into a workable tool. The survey was sent to over 46 institutions with transfer of the data from the survey to a user friendly document with complete definitions and explanations of what is available to home buyers. In addition, the document contains information pertinent to dealing with real estate agencies. •The seventh step was to develop a press release to announce the completed document to the community and to development presentations to inform the Board of County Commissioners and the City Council of the work performed. In closing, Mr. Byrd requested the Board to grant permission for the Fair Housing Task Team through the Human Relations Commission to proceed with publishing and distributing the guide throughout the community. Mr. Tom Dodson reported that the Fair Housing Task Team was a racially diverse group of members from the private sector, real estate community, banking and lending institutions, not-for- profit organizations and governmental organizations. This team has worked together for an extended period of time to produce a guide that will be helpful to first time home buyers in need of affordable housing. Mr. Dodson presented a preview of the document section by section and a map showing the amount of affordable housing in New Hanover County. A section was shown on the number of financial lenders and programs that are available for the first time home buyers. In closing Mr. Dodson expressed appreciation to the Board for providing an opportunity for the Fair Housing Task Team to assist with helping people to purchase affordable housing. Chairman Caster called for a motion to authorize the publication and distribution of the guide. Motion: After commending the Fair Housing Task Team for an excellent job in preparing the guide, Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to accept the guide and authorize the Human Relations Commission to publish and distribute the report. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF RETIREMENT PLAQUE TO SHERIFF JOE MCQUEEN On behalf of the Board, Chairman Caster presented a retirement plaque to Sheriff Joe McQueen for 29 years and 5 months of dedicated service to New Hanover County. Sheriff McQueen expressed appreciation to the Board for this recognition and he thanked the citizens of the City and County for their support during his years of service. A round of applause was given to Sheriff McQueen. BREAK Chairman Caster called a break from 9:48 until 10:05 a.m. REQUEST TO CHANGE WORDING IN RESOLUTION PROCLAIMING OCTOBER AS “CAPE FEAR RIVER AWARENESS MONTH” IN NEW HANOVER COUNTY Chairman Greer requested Senior Planner Chris O’Keefe to reword sections of the resolution that refer to Wilmington as the only State Port. Clerk to the Board, Lucie F. Harrell, advised that she would work with Planner O’Keefe to change the verbiage. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 203 CONSIDERATION OF ESTABLISHING A DEPARTMENT OF PARKS AND GARDENS County Manager O’Neal advised that a proposal had been made to the Board of County Commissioners regarding a reorganization to establish a New Hanover County Parks and Gardens Department. He noted that some concerns have been expressed by various groups and offered to answer any questions. Chairman Caster reported that a great deal of concern had been expressed to the Board of County Commissioners about establishing a new Parks and Gardens Department. At the Staff Meeting held on Thursday, September 14, 2000, the Commissioners discussed whether there was a real need to combine the Parks Department, Airlie Gardens, and the Arboretum into one department. Most citizens feel that the Parks Department is providing a good service. The reorganization also suggested cutting the budget for salaries in the Cooperative Extension Service (CES) by $80,000, which the Commissioners felt was too much. The Master Gardener Program that operates through the CES has been quite successful in New Hanover County. The personnel and volunteers with this program are concerned about how this program will operate if the Arboretum is removed from the CES and placed in a separate County department. The Master Gardener Program has been the group responsible for rasing money to construct and operate the Arboretum for many years. The County Commissioners do not want to jeopardize the success of this group. After commenting on the many phone calls, e-mails, and faxes received by the Commissioners, Chairman Caster suggested creating a Department of Gardens to provide special focus on the Arboretum and Airlie Gardens with Dr. Bruce Williams as the Director. The Parks Department would remain unchanged, and the $40,000 split with N. C. Cooperative Extension Services should be approved to avoid a loss in the salary budget for the local CES. Chairman Caster stated that in his mind it makes sense to place the Arboretum with Airlie Gardens into a new Department of Gardens; however, it is critical for the relationship to be maintained with the Master Gardener Program. In concluding his remarks, Chairman Caster recommended allowing the Parks Department to remain unchanged, create a Department of Gardens, share the $40,000 split with the N. C. Cooperative Extension Service, continue the services of the CES, and continue to work with the Urban Forestry. He noted that some people are in favor of the reorganization for creating a Department of Parks and Gardens; therefore, the Board may want to consider appointing a Task Force to study the entire issue and determine the most cost effective approach for the citizens and taxpayers as well as for the employees of Airlie Gardens, CES, Parks Department, and Master Gardeners Program. Commissioner Birzenieks suggested taking time to study the issue and allow CES programs to remain in place, the Parks Department to remain unchanged, authorize Dr. Williams to become Director of Airlie Gardens, and allow the Master Gardeners Program to remain in place. He expressed disappointment in how the North Carolina Cooperative Extension Service blind sided the County by proceeding to reassign the position of Dr. Williams without prior notification to the County Commissioners. He also requested the County Human Resources Director to become involved in the process to ensure that internal equity is provided to all employees involved in the proposed organizational structure. Commissioner Davis stated that he could see many similarities between Airlie Gardens and the Arboretum because they jointly perform many functions; therefore, it would be a wise move to have these two entities working under Dr. Williams. There is no reason to change the Parks Department, and it is important for the CES to continue its services located in the same facility. The statements made by Chairman Caster and Commissioner Birzenieks should indicate to the State and local CES how much the County appreciates the services provided, particularly with an investment of $40,000 to assist CES to continue to operate. In closing, Commissioner Davis requested the County Manager to be sure that enough space was available for the employees that will be placed in the Arboretum. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 204 County Manager O’Neal advised that a great deal of misinformation had been disseminated and stated that he appreciated the position of the Board of County Commissioners regarding this issue. He assured Commissioner Davis that adequate space would be available at the Arboretum and CES; however, the space may have to be better defined. Chairman Caster commented on the number of people present that have requested to speak and suggested that if the Commissioners decide to appoint a Task Force, these presentations should be made to that group, not the County Commissioners. He asked if any representatives from the North Carolina Cooperative Extension Service would like to comment. Dr. Wanda Sykes, Southeast District Director of the N. C. Cooperative Extension Service, referenced a comment by one Commissioner about being blind sided and stated this was not the case since discussion has occurred with County Staff for approximately three months. She advised that Dr. Williams did not lose his job and he is still being paid by the N. C. Cooperative Extension and New Hanover County. Dr. Sykes informed the Board that she felt there was some misunderstanding about the services provided by the N. C. Cooperative Extension Service, and she presented a handout on the remarkable accomplishments and services provided by the New Hanover County CES Staff. She advised that the Arboretum was started by CES Director Pete Lewis in 1982, who recognized that New Hanover County would become an urban county. Mr. Lewis was aware that agriculture would no longer be the mission of Cooperative Extension Service in New Hanover County. The Arboretum and Master Gardeners connection will be tremendously impacted by the proposed reorganization, and the State Director of Master Gardeners called last night and plans to visit New Hanover County on September 25, 2000, to discuss this issue with the Master Gardeners. During this conversation, two examples were given to reflect the change that could occur: 1. An arboretum located in Greensboro, North Carolina, has a Master Gardener Program but the participants are not involved with planting, mulching, or other activities. The main function of the Master Gardeners is to provide tours and give out educational information. The Greensboro Arboretum is operated by the City of Greensboro. 2. The new Tanglewood Arboretum in Forsyth County was modeled after the New Hanover County Arboretum. This facility is under the administration of the CES and the Master Gardeners can plant, mulch, or perform other activities because they are covered under the N. C. Cooperative Extension Service liability and risk management. This type of operation not only enhances the program, but the Masters Gardeners become a part of the community. In closing, Dr. Sykes questioned if the Arboretum becomes a part of the Department of Gardens, will this agency still be a N. C. Cooperative Extension program which is covered by liability and risk management. She requested the Commissioners to think about issues of this type when rendering a final decision. Dr. Joseph Zublena, Associate Director of the N. C. Cooperative Extension Service, assured the Board of County Commissioners that partnerships with counties are not haphazardly taken for granted. When deciding to participate with the County in the Airlie Gardens’ concept, it was a new issue for the N. C. Cooperative Extension Service and the agency moved forward wholeheartedly with development of a successful partnership. This success created the need for additional resources, additional capacities, and the need to perform services different from N. C. Cooperative Extension Service programs. Recently, Dr. Williams approached the State office recognizing that he could not continue to serve as the Director for both Airlie Gardens and CES. He was challenged and felt that some programs were not receiving enough attention. At this time, negotiations began with the County Manager and Assistant County Manager about developing alternatives. These discussions have been held for several months. It is unfortunate that remarks have been made about New Hanover County being blind sided by the N. C. Cooperative Extension Service because of the change in Dr. Williams’ appointment as Director. It was felt that Dr. Williams was in a non-compromising position in negotiating how the gardens should appear on the Parks side versus the Cooperative Extension Service side. Dr. Williams was in the middle, and he was told to step down as Director NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 205 through negotiations that transpired between Dr. Jon F. Ort and County Manager O’Neal during a telephone call from Dr. Ort in Puerto Rico to County Manager O’Neal. County Manager O’Neal disagreed with Dr. Zublena’s statements and informed the Board that Dr. Ort gave a directive and informed him that Dr. Williams would no longer be assigned as Director. This occurred late Saturday night after a conversation with Dr. Ort on Friday that did not indicate this change would occur, which, in his opinion, means the County was blind sided. Dr. Zublena apologized to County Manager O’Neal and stated the N. C. Cooperative Extension Service appreciates the partnership with New Hanover County. The idea of establishing a Task Force to thoroughly study the issue is an excellent idea and hopefully, representatives from the Master Gardener Program and the Arboretum will be involved in the review process. The willingness of the County to pay half of the salary at $40,000 is appealing to the N. C. Cooperative Extension Service. Chairman Caster requested County Manager O’Neal to coordinate the Task Force with representatives from all agencies and departments involved such as the Parks & Recreation Advisory Board, Airlie Gardens Foundation Board of Directors, Cooperative Extension Service, Master Gardeners, at-large citizens, N. C. Cooperative Extension Service, etc. He requested a motion to establish a Task Force to study the issue. Discussion followed on how the Task Force will be appointed. Vice-Chairman Greer suggested requesting each organization to provide two representatives with the Board ratifying the appointments. He also recommended establishing a time frame of 60 days for the Task Force to present the recommendation to the Board of County Commissioners. Chairman Caster called for a motion. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to take the following actions: 1.Create a New Hanover County Gardens Department. 2.Increase county funding in the amount of $40,000 to the New Hanover County Cooperative Extension Service to avoid a loss in this department’s salary budget. 3. Appoint a Task Force composed of representatives from agencies and departments involved, at-large community representatives, and the New Hanover County Director of Human Resources to be charged with studying and preparing an organizational structure for the Gardens Department with special focus on Airlie Gardens and the Arboretum and to study the relationship between N. C. Cooperative Extension Service and New Hanover County. Once the Task Force is appointed, a recommendation is to be presented to the Board of County Commissioners within 60 days. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Neal Patrick, President of the Arboretum Foundation, stressed the urgency of appointing the Task Force and stated with the amount of distrust and misinformation, there is a great deal of concern at the Arboretum. When visiting the Arboretum yesterday, he noticed an employee was moving personal items from her office. He urged the Board to resolve this matter as soon as possible. Commissioner Davis stated since the County is willing to donate $40,000 to keep the programs in operation at Cooperative Extension Service, the level of distrust should be quelled among the employees. APPROVAL OF CONTRACT #01-0063 WITH TINDALL CORPORATION FOR PRECAST CONCRETE CELLS FOR THE NEW HANOVER COUNTY JAIL PROJECT County Manager O’Neal reported that two contract awards are before the Board: (1) award NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 206 of the contract for the precast concrete cells; and (2) award of the contract for the early site work contract. The second bid for the site work was opened on September 13, 2000, and this proposal required a great deal of analysis because it was lower than anticipated and needed a complete review. Project Engineer Greg Thompson and the Engineering Staff have worked many hours in analyzing both bids before presenting the contracts to the Commissioners for approval. County Manager O’Neal explained that under the bidding process being used to construct the jail, there will not be one large package, but a variety of packages. This means that many of the contract awards will be placed on the agenda with the final figures known only a few days before the meeting. Project Engineer Thompson reported that the original low bid from Tindall Corporation was approximately $82,000 over the budgeted figure. Staff was authorized to negotiate with Tindall Corporation and the company lowered the bid to the budgeted amount of $4,012,500 through modifications to the glazing thickness and door jams. Project Engineer Thompson also advised that the second bid for the early site work came in lower than the budgeted base bid figure of $2,154,100. Philips and Jordan, the lower bidder, submitted a figure of $1,773,547. After a great deal of discussion with Philips and Jordan about the low figure, the contractor representing the company was confident with bid as submitted. An extensive review was also made by the Project Team, Miller Building, and the Architect with everyone being comfortable with both bids. Discussion followed on how much under budget the project was at this point, and if Staff felt the project management process was working successfully. The Board was informed by Project Engineer Thompson that to date the project was $600,000 under the budgeted figure, and the management process had been beneficial in carrying out the project. County Manager O’Neal offered to provide a statement reflecting a running total of all contracts approved by the Board for the Jail project. This will allow the Board to know which contracts have been approved, the amount budgeted for each contract, the amount of the bids received for each contract, and the contracts that will have to be awarded. A statement of this type will keep all parties informed on the amount of money spent at any given time. Further discussion was held on the two budget amendments presented in the agenda packet. Project Engineer Thompson explained that the budget amendment for Contract #01-0063 should be in the amount of $4,012,500 as negotiated with Tindall Corporation, and the budget amendment for Contract #01-0099 should be $1,773,547 as presented by Philips and Jordan. After referencing the fact that no one can question the need for addressing the overcrowding of inmates in the Law Enforcement Center, Commissioner Davis sated it is imperative for the Commissioners to explore every alternative location for the new jail. If these bids presented today are awarded, the dye will be cast and the jail will be constructed on the Blue Clay Road site. The City is currently in the process of having to build a new administration building for the Wilmington Police Department and the County is looking at a new Sheriff’s administration building. The City and County should try to build one facility at one location, and it might be possible to construct a jail on the same site. Commissioner Davis advised the Board that he had been informed about five blocks in the City Limits that would be large enough for a joint facility for the City and County. He respectfully requested his fellow Commissioners to explore every alternative location before deciding to construct the jail on the Blue Clay Road site. If the jail cannot be located in the downtown area, or a joint effort cannot be made with the City of Wilmington, the jail will have to be constructed on the Blue Clay Road site. If the Board takes time to examine every alternative, the Commissioners will never have to look back and be questioned about the location. Commissioner Birzenieks asked if the Board approves the two contracts and the jail is constructed on the Blue Clay Road, could the Sheriff’s administrative space be moved to another NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 207 location if the City and County should move forward with a joint administrative law enforcement building. County Manager O’Neal responded if the Board votes to award the two contracts presented today, the jail and support functions ( kitchen, medical, HVAC, mechanical, etc.) will be constructed on the Blue Clay Road site. This action does not prohibit the City and County from working together to identify a space for a joint Law Enforcement Complex at some other location. If a joint City and County effort should occur, some redesign will be required on one side of the jail because the project is designed to connect to the administrative space. The redesign phase would not be a problem. The bid awards being considered today are only for the precast concrete cell modules and site work. Commissioner Davis said if the bids are awarded, and the jail is located on the Blue Clay Road site with the infrastructure in place, wouldn’t it be easy to argue that the only logical place for the Sheriff’s administrative space would be on the same site. County Manager O’Neal responded there would be a logical argument for locating the administrative space at the Blue Clay Road site, but the County would not be confined to this location. After commenting on the many Work Sessions that have been held on the jail project, Commissioner Howell requested Staff to review why the Blue Clay Road site was selected. Project Engineer Thompson reported before Carter Goble reviewed the three sites identified, Staff had searched for vacant land at least 25 acres or larger throughout the county. Five sites were submitted by Staff: (1) the existing Law Enforcement Center; (2) the Airport site; (3) the Blue Clay Road site; (4) a site on Division Drive near the County warehouse; and (5) and a site across the river on Highway 421. The Division Drive site was not suitable and the Highway 421 site was not for sale. Once the three final sites were determined, Carter Coble was requested to conduct a study and analyze each site. After a review of the existing Law Enforcement Center by architects, it was determined that this building could not be expanded to meet current or future needs. The Airport site was eliminated by the FAA and Airport Authority and the Blue Clay Road site was selected. Discussion followed on the distance of the Blue Clay Road site to the Courthouse. Deputy County Manager Atkinson advised that according to jail officials, distance does not make a difference in transporting prisoners because the same preparation has to occur. The site is located 7 miles from downtown Wilmington which requires 13 minutes of travel time. The Sheriff’s Department already has transportation officers and vans to carry young people from the Juvenile Detention Center to Court on a daily basis. The County owns the site, the property is buffered from the road, and the jail will be located near the Juvenile Detention Center. Commissioner Birzenieks stated from the remarks made, he would like to know if the following statements are correct: 1. The existing Law Enforcement Center structurally and functionally is incapable of adding enough cells to meet the current jail space needs and operate in a safe, efficient manner. 2. Unless there is a tunnel connecting the jail site to the Courts, it does not matter operationally if the jail is located a little further out. 3. If another downtown site is considered for a new jail, the County will have to pay the cost of the property that could run into millions of dollars. 4. If a new jail is located in the downtown area, it will require a building that will have to be architecturally acceptable to the citizens such as the Taj Mahal constructed for the Wilmington Fire Department. 5. If a new jail is located downtown, would the neighbors or businesses be happy, or would it be better to use this property for attractive retail shops and other uses that would attract tourists to the downtown area. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 208 County Manager O’Neal agreed with the statements presented by Commissioner Birzenieks. Commissioner Birzenieks spoke on a recent tour of the jail where he, Attorney Kari Hamnel of the N.C. Prisoner Service, County Manager O’Neal, County Attorney Copley, Deputy County Manager Atkinson, District Attorney John Carriker, several judges, and representatives of the Sheriff’s Department and saw the actual overcrowded conditions of the jail. At the end of the tour, everyone agreed that a new jail was needed and this action should be taken as soon as possible. County Attorney Copley agreed with the remarks made by Commissioner Birzenieks and stated when she met Friday afternoon with the judges, one judge made the comment that if New Hanover County is taken to federal court, “ they will clean your clock.” Attorney Hamnel said that the reason New Hanover County was not in federal court was because she had seen action by the Board of County Commissioners in moving forward with constructing a new jail. As a result of this meeting, the judges have recognized the problem and they are willing to help by reducing the jail population to 262 inmates to avoid a lawsuit in federal court. The judges are committed to lowering the jail population by bringing in per diem Assistant District Attorneys for a short period of time to meet this goal. If the County delays constructing the jail, a lawsuit will be filed and a federal judge will order New Hanover County to construct a jail in a designated amount of time with no consideration given to the cost. Chairman Caster stated that regardless of anyone’s feelings about the jail, it is wrong to house the number of inmates with no more jail cells. The conditions were so horrible that he left with tears. After hearing smirks from the audience, Commissioner Birzenieks asked if there was a Sheriff present and stated if so he would request a gentleman in the audience to leave if he could not behave. Chairman Caster spoke on the teams of experts that have reviewed the plan for the jail, the visits and discussions held with officials in Florence, South Carolina, Mecklenburg County and Buncombe County about their experiences with constructing new jails. There is no perfect way to construct a jail, and it would be short-sighted to build a jail to meet current needs and not future needs. Commissioner Davis stated if the jail population could be sufficiently reduced, the problem would be resolved, but this matter is the responsibility of the Court System. None of the comments made are in disrespect to the New Hanover County Court System, Miller Building, Carter Goble, Freeman White, Staff or the County Commissioners; however, as a conservative, he was trying to be a good steward of taxpayers’ money. If the City and County could build a joint facility for law enforcement with the County locating a jail on five blocks of available land, it would benefit the citizens, City, County, and all law enforcement personnel. He requested the Board to consider this alternative. Deputy County Manager Atkinson asked Commissioner Davis where the five blocks of land were located. Commissioner Davis stated that he was told by Mr. Bill Rose that Commonwealth Development owned the property and the package was to be delivered to the Commissioners. The other members of the Board informed Commissioner Davis that the package had not been delivered. Vice-Chairman Greer requested Commissioner Davis to understand that the City of Wilmington does not have the responsibility to build a jail; therefore, he did not think this type of joint project was realistic, particularly with the County being under pressure to move forward with the project as soon as possible. Chairman Caster called for a vote to award the bid for the precast concrete cell contract. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to award the contract to Tindall Corporation in the amount of $4,012,500 for design, manufacture and erection NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 209 of precast concrete cells; approve the associated budget amendment in the amount of $4,012,500; and authorize the Chairman to execute the necessary contract documents. After hearing requests from citizens present, Chairman Caster allowed the following persons to comment. Mr. Jack Burns, identifying himself as a taxpayer with no political agenda, stated that he became involved with a small of group of taxpayers trying to work toward consolidation of the City and County governments. In recent discussions, he was surprised that the City of Wilmington was planning to construct a larger Police Department. With the County building administration space for the Sheriff’s Department, he attended the September 5, 2000, meeting of the Board of County Commissioners to discuss the possibility of a joint City and County project and to request the County and City to hold a public meeting about this concept. Chairman Caster informed Mr. Burns that a public meeting has been scheduled for September 27, 2000, at 6:00 p.m. in the Wilmington City Council Chambers. Mr. Burns strongly objected to approving contract awards before the public meeting is held. The taxpayers elect the Commissioners to office and the people who pay the bills should be informed. After reviewing meeting notices, the first notice to inform the public was on September 5, 2000. The Board started this process a year ago, and a public education program has not been presented to explain the details of the jail project to the citizens. In closing, Mr. Burns stated that the Board was voting on an $80 million project, including financing, that will be paid by the taxpayers. He urged the Board to defer action on the two contracts until the public meeting has been held and the Commissioners can hear from the citizens. Mr. Harper Peterson reported that he was present to discuss the proposed site for the new jail and to inform the Board why this was not the right site. In 1999, the County’s jail consultant, Carter Goble, rated three sites and clearly recommended the existing Law Enforcement Center and Airport site. According to Staff, FAA approval was necessary for the Airport site, but this site was rejected and the Blue Clay Road site was recommended. The reason the consultant recommended the Law Enforcement Center and Airport site was because the cost and logic of developing the Blue Clay Road site does not make good sense based upon the following reasons: 1.The Comprehensive Land Use Plan adopted by the City Council and Board of County Commissioners a year ago, clearly designates the Blue Clay Road area as a resource protection classification area to preserve and protect natural wildlife and recreational resources. This classification allows only low density and non-urban development. The high density jail site plan is inappropriate and incompatible with the classification. 2. The Drainage Ordinance adopted by the Board of County Commissioners two weeks ago clearly states as an objective: “To identify areas prone to flooding and to prevent the creation of new flood prone areas” Surrounding areas near the Blue Clay Road site include NorthChase, Runneymeade, Creek Stone, and Prince George Subdivision, which have a chronic history of flooding. The County recently submitted a low density mandatory storm water application to the N. C. Division of Water Quality. The application was returned incomplete for not adequately addressing the high density nature of the development and water quality concerns. Chairman Caster requested Project Engineer Thompson to comment on the storm water application. Project Engineer Thompson explained that a storm water application was submitted to the N. C. Division of Water Quality for the Blue Clay Road site. Under the low density criteria, there are five permits that can be requested. The reason for submitting a low density permit is because the threshold for low density is 30%. This means that if 30% of the site is impervious, it would require a high density application. The impervious surface on the proposed jail site is only 7%; therefore a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 210 low density application was submitted. The N. C. Water Quality Division was concerned with the parking area which drains toward an existing creek that drains north to Prince George Creek. The roof drains for the building structure drain in the other direction; therefore, the State is not considering roof drainage as high density. The changes that will have to be made in the design are additional swales and a retention pond. Mr. Peterson continued his presentation. 3. The ten acres of landfill adjacent to the proposed site are an environmental hazard and this issue needs to be addressed. The landfill sits over the Castle Hayne Aquifer, the County’s primary source of drinking water. A Phase I Environmental Assessment was undertaken in 1999, and the findings state: “The landfill is unlined, and there is an elevated concentration of iron, lead, chromium, magnesium, and potentially arsenic and silver were present in the collected groundwater samples taken in the mid 1980's. Also a methane odor was identified in the vicinity of the landfill.” This site has not been tested in 15 years; therefore, it could be an environmental time bomb waiting to explode. The State plans to test the site in late October or early November. To remove the landfill will cost the County over $300,000 per acre which equals to over $3,000,000 which is an unbudgeted expenditure. 4. The Blue Clay Road site needs water and sewer. The County is proposing to an adjacent landowner, in exchange for a land easement, free sewer service. This will open the door to new development when there are so many existing neighborhoods and residents in need of water and sewer. In closing, Mr. Peterson requested the Board to continue the two contract awards until after the public meeting scheduled for September 27, 2000. Hopefully, after this meeting is held, the Board will listen and reconsider its plan. Chairman Caster requested Project Engineer Thompson to comment on the landfill site. Project Engineer Thompson explained that Phase I and Phase II Environmental Assessments were made on the landfill site. After sampling the existing test wells, high levels of metals were detected. New wells were drilled and after testing these new water samples, there is no indication that the landfill cell is leaking into the groundwater table. The levels of metals found are naturally occurring in the soil. Commissioner Howell asked if free water and sewer were being provided to an individual. Project Engineer Thompson responded that Staff was trying to negotiate an easement for placement of the sewer. Part of the initial discussion was to waive tap fees for connecting to the sewer. Any expansion of the sewer system will be at the responsibility of the developer. a vote on the MOTION Chairman Caster called for made by Vice-Chairman Greer, seconded by Commissioner Howell,to award the contract to Tindall Corporation in the amount of $4,012,500 the MOTION CARRIED by a 4 to1 and approve the associated budget amendment. Upon vote, vote as follows: Voting Aye:Chairman Caster Vice-Chairman Greer Commissioner Birzenieks Commissioner Howell Voting Aye:Commissioner Davis A copy of the contract is on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 211 Budget Amendment #2001-11 Law Enforcement Center Capital project ADJUSTMENTCREDITCREDIT Law Enforcement Capital Project: Installment Loan Proceeds $4,012,500 Capital project Expense $4,012,500 Explanation: To budget funds for a precast concrete cell contract with Tindall Corporation (Contract No. 01-0063). BREAK Chairman Caster called a break from 11:45 to 11:50 a.m. APPROVAL OF CONTRACT #01-0099 TO PHILIPS AND JORDAN FOR THE SITE WORK PACKAGE FOR THE NEW HANOVER COUNTY JAIL PROJECT AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #2001-08 Chairman Caster called for a motion to award the early site work bid. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to award the contract to Philips and Jordan at $1,773,547 to perform the early site work; approve the associated budget amendment; and authorize the Chairman to execute the necessary contract documents. Chairman Caster asked if any members of the Board would like to comment. Commissioner Birzenieks requested the County Manager to show the information published about the jail. County Manager O’Neal presented copies of minutes and newspaper articles that go back 10 years regarding the jail. He stated this has been an on-going issue and the minutes reflect a great deal of discussion for the last four years. Mr. Michael Glancy spoke on the number of phone calls received from concerned citizens about the Law Enforcement Center who want to voice their opinion about the proposed project. He requested the Board to consider deferring action on the two contracts until after the Public Hearing has been held and consideration can be given to the public input received. Chairman Caster informed Mr. Glancy that the meeting being held was not a public hearing but a public forum to answer questions about the project. Mr. Glancy expressed concern for the meeting not being a public hearing and stated if the meeting is called to inform the public about what will be built on the site, it will be a pointless exercise. If the public is not given an opportunity to speak and influence the outcome of the Board’s decision, why should the meeting be held. The County Commissioners have proceeded to vote and commit $80 million to a project that will be paid by the taxpayers without input from the public. He also noted that it was interesting to observe how the jail population could be reduced in a matter days by the Court System when under the threat of a lawsuit. Dr. Steven Clark, a professor of the Institute of Government, has said that the jail population will not be managed until there is a management process involving all elements of the judicial system including the District Attorney and Judges. If the Court System can develop a process to hear more cases, the jail population can be managed. In closing, Mr. Glancy urged the Board wait until the public meeting has been held before approving the contracts. He also urged the Board to consider all available alternatives and work with the Court System in developing a management process that will reduce the jail population. Chairman Caster explained to Mr. Glancy that when the meeting was held with the District Attorney and Judges, the officials from the Court System emphasized the fact that hiring per diem Assistant District Attorneys would not be a permanent solution. Crime and drugs will not be controlled until the federal and state levels of governments are willing to spend the money to get NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 212 control of drugs and fund the necessary court personnel to move cases through the courts. At this time, New Hanover County has no choice but to build a larger jail. The conditions in the existing jail are not humane. Ms. Linda Gillan, a concerned citizen, advised that everyone is aware that more jail space is needed; however, there is concern about the environmental assessment of the Blue Clay Road site. There are a number of soils on the site that drain poorly, and the site has a high water table. The site may appear to be solid after the preparation work has been completed, but water underneath the land will have to flow some where, either over land into a nearby neighborhood, or to the landfill site. Under Section 3.7 in the Comprehensive Land Use Plan, it states that: “...to require the cumulative and secondary impacts of land use and development, the limited carrying capacity of our eco systems should be considered in all land use decisions in the development or revision of local plans, capital facilities, and services. Ms. Gillan noted that it appears this section of the Land Use Plan has not been met. No consideration has been given to what will happen to the water table and surrounding properties with construction of a large concrete structure on this site. The Land Use Plan also states under Section 5.1 and 5.4: “...to insure that all land use and development decisions protect our groundwater aquifers and to preserve the Castle Hayne and Pee Dee Aquifers in their present unpolluted state as the primary groundwater resources for New Hanover County.” Ms. Gillan referenced the State inspection of wells on the landfill site at the end of October and stated that no one currently knows the quality of water on this site. As stated in the Land Use Plan, the Castle Hayne Aquifer is the primary groundwater resource of the County and we cannot afford environmentally or morally to contaminate this area and jeopardizing potable water for thousands of residents in the northern part of the county. She requested the Board to consider these factors before constructing the jail on the Blue Clay Road site. Project Engineer Thompson advised that the water had been sampled and the contents of the water are known. He explained that the Castle Hayne Aquifer does not only serve Castle Hayne, but eastern North Carolina extending up to Pennsylvania. There are thousands of people who depend on the Castle Hayne Aquifer. No discharge will go into groundwater from the jail facility. It will be connected to the existing sewer system. Ms. Ruth Nienhuis, a concerned citizen, advised that she was fully aware of the need for additional jail space and concerned that no action had been taken in the past before conditions become so deplorable. She asked if the County had requested all the necessary permits from the state and federal agencies, and if the permits had been received. Project Engineer Thompson responded that all permits had been filed and Staff was in the process of receiving other permits. Ms. Nienhuis expressed grave concern for spending money on the project when all permits had not been received. A call was placed to Mr. Bill Holman, Administrator of the N. C. Department of Environment and Natural Resources, regarding the jail project and the following information was received. There is no requirement for State approval of any public or private project until the request for State permits is made; however, if people want to gamble, this becomes their problem. We do not have to issue permits because people make a mistake. The Department of Environment and Natural Resources and the U. S. Army Corps of Engineers have a pre- approval process which is much friendlier than the regular approval process. Both agencies strongly recommend use of the pre-approval process before any public funds are committed. Ms. Nienhuis stated, in her opinion, the County Commissioners are willing to gamble with the taxpayers money and hope that all permits will be received. If the permits are not obtained, the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 213 taxpayers will lose the money expended. She asked why the County did not take advantage of the pre-approval process to iron out the kinks and find out ahead of time if this project was going to work especially since the County Attorney is so concerned about being sued. Project Engineer Thompson explained to Ms. Nienhuis that Staff did take advantage of the pre-approval process; however, the N. C. Water Quality Division under the 401 Certification and the Corps of Engineers have jurisdiction over regulated wetlands. The County has delineated the wetlands with a sign-off by the Corps of Engineers. The project has been designed so it will not impact wetlands. Some of the permits that not been received from the State pertain to erosion control and storm water. The storm water application was sent back requesting the County to modify the design to handle the high density impervious area of the parking lot and to treat the surface runoff for roads. Once these items are addressed, the permit will be granted and the project will be approved. In closing, Ms. Nienhuis expressed concern for approving a costly project of this size without having all the necessary permits. She requested the Board to delay awarding the contracts until all permits have been received. Project Engineer Thompson explained that the erosion control permit had been received for the contract being awarded. The permit to construct impervious surfaces on the site has not been received; however, once these issues are addressed, there should be no problem. a vote on the motion Chairman Caster called formade by Vice-Chairman Greer and seconded by Commissioner Howell to award the contract to Philips and Jordan in the amount of $1,773,547 to perform the early site work, approve the associated budget amendment, and authorize MOTION CARRIED by a 4 to the Chairman to execute the contract documents. Upon vote, the 1 vote as follows: Voting Aye:Chairman Caster Vice-Chairman Greer Commissioner Birzenieks Commissioner Howell Voting Nay:Commissioner Davis A copy of the contract is on file in the Legal Department. Budget Amendment #2001-08 - Law Enforcement Center Capital Project ADJUSTMENTDEBITCREDIT Law Enforcement Center Capital Project: Instalment Loan Proceeds $1,773,547 Capital Project Expense$1,773,547 Explanation: To budget funds for the early site work bid package for the jail project. COMMITTEE APPOINTMENTS Appointment of to the Citizens Solid Waste Advisory Board Chairman Caster announced that three at-large members need to be appointed by the Board of County Commissioners to serve on the Citizens Solid Waste Advisory Board. Four applications have been received, and he opened the floor to receive nominations. Commissioner Davis noted that Ms. Nancy Pritchett was eligible to be appointed to serve on this Advisory Board, but stated since she was a candidate for County Commissioner, would it be permissible to appoint her to fill a vacancy. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 214 Ms. Nancy Pritchett informed the Board that if she was appointed to serve on the Citizens Solid Waste Advisory Board and she was elected to office, she would submit her resignation. Commissioner Birzenieks nominated Nancy Pritchett to serve as an at-large member. The nomination was seconded by Commissioner Howell. Commissioner Davis nominated Edgar Fox and Claud “Buck” O’Shields, Jr. to serve as an at-large member. The nomination was seconded by Commissioner Birzenieks. There be no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, the Board unanimously appointed Nancy Pritchett, Edgar C. Fox, and Buck O’Shields to serve as at-large members of the Citizens Solid Waste Advisory Board. Chairman Caster requested a motion to ratify the appointees submitted by the City of Wilmington. Motion: Commissioner Birzenieks MOVED, SECONDED by Chairman Caster, to ratify the appointment of Councilmember Frank Conlon and Bill Reid to serve as the City’s representatives on the Citizens Solid Waste Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board Chairman Caster announced that four vacancies needed to be filled on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board . Previously, the Advisory Board has requested that the positions be filled from the following categories: Juvenile Defense Attorney, Member of Business Community, Person under 21 and Probation Officer. Chairman Caster reported that sixteen applications were received, with one applicant, Erik Lindstrom, desiring to be reappointed. Chairman Caster opened the floor to receive nominations for the Business Community category. Chairman Caster nominated Donald Harris. The nomination was seconded by Commissioner Howell . Chairman Caster opened the floor to receive nominations for the Person Under 21 category. Commissioner Birzenieks nominated Shantel Baily. The nomination was seconded by Chairman Caster. Chairman Caster opened the floor to receive nominations for at-large members. Commissioner Birzenieks nominated Sherita L. Young and nominated Erik Lindstrom for reappointment. The nomination was seconded by Chairman Caster. Chairman Caster opened the floor to receive nominations for the Juvenile Defense Attorney category. Commissioner Birzenieks nominated Chris Oring. The nomination was seconded by Commissioner Howell. Vote: Upon vote, the Board voted unanimously to appoint the following persons to serve on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board for a term of three years with the terms to expire September 30, 2003: Shantel Baily, Person Under 21 Category Chris Oring, Juvenile Defense Attorney Category Donald Harris, Business Community Category NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 215 nd Erik Lindstrom, At-Large Category - Appointed to serve 2 term. Sherita L. Young, At-Large Category Chairman Caster called for a motion to ratify the appointment of Vicki Elmore. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to ratify the appointment of Vicki Elmore as the representative for the United Way. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the New Hanover Regional Medical Center Board of Trustees Chairman Caster announced that four vacancies needed to be filled on the New Hanover Regional Medical Center Board of Trustees, and reported that fourteen applications were received. Motion: After discussion of Charles Wells being eligible for reappointment, Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to reappoint Charles Wells to serve a 3-year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire September 30, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster opened the floor to receive nominations to fill the remaining vacancies. Commissioner Birzenieks nominated Howard L. Armistead, Jr. The nomination was seconded by Commissioner Davis. Vice-Chairman Greer nominated Richard L. McGraw. The nomination was seconded by Chairman Caster. Commissioner Davis nominated Virginia W. Adams. The nomination was seconded by Vice- Chairman Greer. Commissioner Davis nominated Elizabeth F. Dawson. The nomination was seconded by Commissioner Birzenieks. Chairman Caster nominated Dennis B. Nicks. The nomination was seconded by Commissioner Birzenieks. Vice-Chairman Greer nominated William D. Wright. Chairman Caster seconded the nomination. There being no further nominations, Chairman Caster declared the nominations closed. Vote:the Board voted 4 to 1 to appoint Howard L. Armistead, Jr. Upon vote, to serve a 3-year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire September 30, 2003. Vote: Upon vote, the Board did not appoint Virginia W. Adams to serve on the New Hanover County Regional Medical Center Board of Trustees by a vote 2 to 3 vote. Vote:the Board voted 3 to 2 to appoint Elizabeth (Beth) Dawson Upon vote, to serve a 3-year term on the New Hanover Regional Medical Center Board of Trustees with the term to expire September 30, 2003. Vote:the Board voted 4 to 1 to appoint Richard L. McGraw Upon vote, to serve a 3-year term on the New Hanover Regional Medical Center Board of Trustees. Vote: Upon vote, the Board voted not to appoint Dennis B. Nicks to serve on the New Hanover Regional Medical Center Board of Trustees by a vote of l to 4 vote. Vote: Upon vote, the Board voted not to appoint William D. Wright to serve on the New Hanover Regional Medical Center Board of Trustees by a vote of 1 to 4 vote. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 216 AWARD OF CONTRACTS FOR THE WILMINGTON AND HANBY BEACH WATER AND SEWER SYSTEMS County Engineer, Wyatt Blanchard, reported that contracts for the Wilmington and Hanby Beach Water and Sewer systems were advertised and bids were received from six contractors. The project is divided into two parts: Wilmington Beach - Carolina Beach Side: Four (4) bids were received for the Wilmington Beach project with T. A. Loving being the lowest bidder at $3,354,652. After reviewing the bid, it was found that the bid could be reduced by $47,115 by removing the water meters from the contract. The County can purchase meters separately for approximately $80 each instead of $130 as stipulated in the bid. This action resulted in a final bid figure to $3,307,537. Hanby Beach - Kure Beach Side: Six (6) bids were received with Atlantic Construction and Development, Inc. being the lowest bidder at $1,406,648.50. County Engineer Blanchard explained that the total project including engineering and water meters was $4,993,535.50 with $1,750,000.00 already budgeted; therefore a budget amendment must be approved in the amount of $3,243,535.50 for the project. He requested the Board to award the contracts to the lowest bidders and approved the associated budget amendment. Commissioner Howell requested County Engineer Blanchard to explain how the project will be funded. County Engineer Blanchard advised that Certificates of Participation will be used to finance the project. The benefitted property owners at Wilmington and Hanby Beaches will be individually assessed at the end of the project to pay back the Certificates of Participation over a period of 10 years. Since the Water and Sewer District boundary ends before crossing the Snow’s Cut bridge, this portion of the county is not in the New Hanover County Water and Sewer District. Vice-Chairman Greer noted that Carolina Beach and Kure Beach requested the County to provide sewer to this area because of concern by the Health Department about septic tank failures and water quality. A lengthy discussion was held on the project coming in over budget. Finance Director Bruce Shell reported that the estimated cost of the project was $3,500,000 based on figures provided by the design engineer. The residents were informed of this figure. Since that time bids have been received in the amount of $4,900,000, and a meeting was held with officials from Carolina and Kure as well as the engineer to discuss whether the project should be rebid. The engineer reviewed the bids in detail and felt the bids were acceptable. The increase of $1,000,500 was due to the sewer portion of the contract. This new assessment to a property owner with one tap for a 50 foot lot is estimated at $3,945. The residents have not been notified of this increase. Director Shell advised that he would be glad to send out letters notifying the residents of the increase. Ms. Teresa Clontz, a resident the Hanby/Wilmington Beach area, complimented the Board of County Commissioners for participating in this project. She stated that with the desperate need for water and sewer in this area, she did not object to the increased assessment. Ms. Nora McMillian, resident of Lumber Bridge, North Carolina, advised that she had a vacation home on the waterfront in this area that her family had not been able to use since Hurricane Fran. She expressed appreciation to the Board for making this water and sewer project become a reality, and she complimented Mr. Blanchard and his staff for keeping everyone informed about the project. Chairman Caster called for a vote to award the contracts. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to award a contract to T. A. Loving, the lowest bidder, in the amount of $3,307,537.00; award a contract to Atlantic Construction and Development, Inc., the lowest bidder, in the amount of $1,406,648.50; NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 217 approve the associated budget amendment; and authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the contract are on file in the Legal Department. Budget Amendment #2001-07 - Wilmington-Hanby Beach Capital Project ADJUSTMENTDEBITCREDIT Wilmington-Hanby Beach Sewer Capital Project: Installment Loan Proceeds $3,170,071 Other $ 73,465 Capital Project Expense $3,243,536 Explanation: To budget funds for the Wilmington-Hanby Beach water and sewer systems. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 12:29 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 12:50 p.m. CLOSED SESSION Chairman Caster called for a motion to convene to Closed Session pursuant to N.C.G.S. 143- 318.11(5) for the public body to negotiate price and material terms for the proposed contract for the acquisition of real property. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to convene from Regular Session to Closed Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster convened to Closed Session at 12:52 p.m. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reconvened to Regular Session at 1:20 p.m. Chairman Caster announced that in Closed Session, the Board approved a Buy and Sell Agreement to purchase property on the River Road to use as a site for constructing the new Federal Point Fire Station. Staff was directed to complete the negotiations for purchase of the property subject to a satisfactory title search, environmental audit, and other necessary items. The Buy and Sell Agreement will be placed on the Consent Agenda for final approval once all terms have been negotiated. RECESS FOR LUNCH Chairman Caster recessed for lunch from 1:21 p.m. until 1:50 p.m. CLOSED SESSION Chairman Caster called for a motion to convene to Closed Session pursuant to N.C.G.S. 143- 318.11(6) to conduct performance evaluations for the County Manager, County Attorney, and Clerk to the Board. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to convene to Closed Session. Chairman Caster convened to Closed Session at 1:51 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 2000 PAGE 218 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reconvened to Regular Session at 2:45 p.m. Chairman Caster announced that no action was taken in the Closed Session and reported that performance evaluations for the County Manager, County Attorney, and Clerk to the Board would be completed on October 2, 2000, or at 7:30 a.m. on October 3, 2000, if the public hearings ended at a late hour on October 2, 2000. ADJOURNMENT Chairman Caster called for a motion to adjourn. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 3:01 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board