2001-01-22 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 393
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
January 22, 2001, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina.
Members present were: Chairman Ted Davis, Jr; Vice-Chairman Robert G. Greer;
Commissioner Julia Boseman, Commissioner William A. Caster; Commissioner Nancy H. Pritchett;
County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie
F. Harrell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Commissioner Caster led the audience in the Pledge of Allegiance to the Flag
County Manager O’Neal informed the Board that on Friday, January 19, 2001, at 4:30 P.M.,
the City Manager and he were notified by the Institute of Government (IOG) that Mr. Kurt Jenne was
ill and would not be able to attend the joint meeting scheduled with the City to discuss a study
regarding consolidation or merging of primary City and County departments. After contacting the
Director of the IOG about assigning another member of the faculty to continue the study, he was
informed that due to the lack of faculty members, the IOG would not be able to assist the City and
County with this project. He asked if the Board would like to cancel the joint meeting with the City
Council later this afternoon since the purpose of the meeting was to hear from Mr. Jenne regarding
a proposal to determine the feasibility of consolidating and/or merging key departments.
Vice-Chairman Greer spoke on the need to move forward with the consolidation study, and
he expressed concern for waiting six months and then finding out that the study cannot be performed
by the IOG. He requested the Chairman to write a letter to the IOG expressing the Board’s
disappointment about not assigning another person to continue with the study.
Chairman Davis suggested holding the joint meeting with the City Council at 1:00 P.M. before
writing a letter so discussion can be held about the consolidation issue and whether the City wants
to participate in constructing the Parking Deck and proposed Administration Building on the Library
site.
Consensus:
After further discussion of the need to pursue consolidation and discuss joint capital
projects, it was the consensus of the Board to hold the joint meeting as scheduled.
Commissioner Boseman spoke on the need to demonstrate fiscal responsibility to all citizens
and stated that she hoped the City Council would be willing to work with the Board of County
Commissioners in pursuing consolidation and engaging in joint capital projects.
County Manager O’Neal informed the Board that other opportunities do exist for other
persons or organizations to perform the consolidation study; however, it would not be appropriate
to make recommendations at this time.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to discuss or remove a Consent
Agenda Item.
Deputy County Manager Atkinson requested the Board to refer to Consent Agenda Item 8,
and he presented a memorandum from the Juvenile Crime Prevention Council (JCPC) showing non-
endorsement of the Youth Advocate Program grant. He requested the Board to approve the
remaining grants as endorsed by the JCPC with removal of the Youth Advocate Program grant in the
amount of $150,000 until additional information has been received.
After hearing no further comments, Chairman Davis called for a motion to approve the
Consent Agenda.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 394
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve Item
8 with removal of the grant application for the Youth Advocate Program and approve the remaining
items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting, January 8, 2001, as
presented by the Clerk to the Board.
Adoption of Resolution to Approve Landscape Contract for County Property
The Commissioners adopted a resolution to award Contract #01-0189 to Green With Envy
in the amount of $181,969.20 for a period of two years to provide landscaping maintenance services
for the Parks Department. The company will receive a payment in the amount of $89,640.00 for the
first year and $92,329.20 for the second year. 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 XXVI, Page 23.
A copy of the contract is on file in the Legal Department.
Ratified the Appointment of Christine Leahy to Serve on the Airlie Gardens Foundation
Board of Directors as the Friends of Airlie Representative
The Commissioners ratified the appointment of Christine Leahy to serve on the Airlie Gardens
Foundation Board of Directors as the Friends of Airlie representative. Ms. Leahy replaces William
T. Childs who passed away last month.
Acceptance of Tax Collection Reports Through December 31, 2000 - New Hanover County Tax
Department
The Commissioners accepted the following Tax Collection Reports through December 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 23.
Release of Values - New Hanover County Tax Department
The Commissioners approved Senior Citizen/Disability Exclusions for the following
taxpayers:
Bennett, Helga J.$20,000
Everett, Pauline F.$20,000
Gray, Gwendolyn$20,000
Guthrie, Ronald Horton$20,000
James, Eddie & Thelma$20,000
Moore, Lucille Christabell$19,680
The Commissioners approved delinquent applications for exemption from the property tax
for the following organization:
Charismatic Episcopal ChurchR06005-010-004-000
The Commissioners approved release of late listing penalties for the following taxpayers since
it was their first offense:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 395
C&B Enterprise D/B/A Auntie Annies$ 72.10
Tucker Brothers Realty Co. of Carolina Beach$7.96
Authorization for the Library to Submit a Grant Application to the Institute of Museum and
Library Services
The Commissioners authorized the Library to submit a grant application to the Institute of
Museum and Library Services for a Library Services and Technology Digitalization (LSTA) grant in
the amount of $19,975 to catalog 1,275 maps and digitize 350 of the most historical documents. This
action will increase access to these resources for the public and will be the first major digitization of
a map collection in North Carolina.
Authorization for the IT Department to Submit Three Grant Applications to the Governor’s
Crime Commission for the Sheriff’s Department, Court Management and Wireless Data
Connection to the New Jail Site
The Commissioners approved the submission of three grant applications to the Governor’s
Crime Commission. The match for the grants will come from the General Fund/Fund Balance. If
the grants are awarded, funds will be used for the following purposes: (1) $150,000 to purchase 25
mobile data computers for the Sheriff’s Department; (2) $168,750 to purchase software for court
management; and (3) $120,000 to install a wireless data connection to the new jail site. Pre-
applications for the grants are due by January 31, 2001.
The County Manager was authorized to sign all associated documents.
Authorization for the County to Submit Grant Applications to the Governor’s Crime
Commission for the Juvenile Crime Prevention Council
The Commissioners authorized the County to be the lead applicant in submitting grant
applications to the Governor’s Crime Commission on behalf of four local agencies through the
Juvenile Crime Prevention Council as follows: (1) Dreams of Wilmington, Inc. in the amount of
$19,834 to fund an interdisciplinary arts program for adjudicated youth; (2) Wilmington Health
Access for Teens in the amount of $56,975 to fund a series of after school health education/life skills
classes for adjudicated youth; and (3) Building Bridges and Preventing Delinquency, Inc. in the
amount of $130,075 to fund an after school/summer program for elementary school youth at risk of
becoming delinquent. All three grants require a 25% match, but no County funding is being
requested.
Approved County Contribution for 2001 Legislative Weekend
The Commissioners approved a contribution of $10,000 toward hosting the Legislative
Weekend to be held on Friday, April 27 to Monday, April 29, 2001, sponsored by the Chamber of
Commerce. All members of the North Carolina General Assembly and spouses or guests will be
invited to attend.
Approval of Budget Amendment #01-0112 to Accept Fixed Assets of the Wilmington-New
Hanover Insurance Advisory Committee
The Commissioners approved Budget Amendment #01-0112 in the amount of $1,905 to
increase the budget for donated fixed assets of the Insurance Advisory Committee. This agency
dissolved its operation on August 31, 2000. Ms. Anne Brown, formerly Assistant Director to the
Insurance Advisory Committee, currently serves as the Risk Manager for New Hanover County,
other local governments and agencies. Ms. Brown is supported by a Risk Management Committee
comprised of James Moore, Carolyn Lyons, George Chadwick, and Henry Brown as well as her
assistant Tiffany Allen.
BUDGET AMENDMENT #01-0112
ADJUSTMENTDEBITCREDIT
Finance:
Other$1,905
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 396
Risk Management:
Departmental Supplies$1,905
Explanation:
To increase budget for donated fixed assets.
Adoption of Resolutions to Add Roads to the North Carolina Highway System
The Commissioners adopted resolutions to request the N. C. Department of Transportation
to add the following roads to the State Highway System:
Roads in Tidalholm Subdivision
Emerald Forest Subdivision
Sun Seeker Drive, Sunnyside Drive, Sun Coast Drive,
Crescent Court, Horizon Court and Sampling Circle
Copies of the resolutions are hereby incorporated as a part of the minutes and are contained
in Exhibit Book XXVI, Page 23.
Approval of Budget Amendment #01-0111 - Social Services/Administration/Domestic
Violence/Child-Day Care
The Commissioners approved the following Budget Amendment:
BUDGET AMENDMENT #01-0111-Social Services/Administration/Domestic Violence/Child
Day Care
ADJUSTMENTDEBITCREDIT
Social Services:
DSS-Administration:
DSS Administrative Grants$ 30,000
Office of Day Care Services$190,990
Domestic Violence:
Assistance Payments$ 30,000
Child Day Care:
Day Care Services$190,990
Explanation:
To budget State funds received for the Domestic Violence Program and State Subsidy
Day Care. No additional County funds are required.
PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES
On behalf of the Board, Chairman Davis presented retirement plaques to the following
employees in recognition of their outstanding and dedicated years of service to New Hanover County:
Name Years of Service
Brenda F. Coffey, Emergency Management Department 20 years, 5 months
Mary Sue Oots, Registrar of Deeds 23 years, 3 months
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS
County Manager O’Neal requested the following employees to step forward to receive service
awards:
Name Years of Service
Ellen A. Harrison, Health Department 5
Nancy L. Broughton, Property Management10
Patricia A. Jessup, Department of Social Services10
Mamie N. Carlos, Health Department20
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 397
On behalf of the Board, Chairman Davis presented service awards to each employee and
expressed appreciation to them for their years of dedicated service to New Hanover County.
RECOGNITION OF NEW EMPLOYEES:
County Manager O’Neal requested the following new employees to stand and be recognized:
Fred Wall, Jr., Department of Aging
Derek Frink, Department of Environmental Management
Dan Dolak, Information Technology Department
Karen Galloway, Register of Deeds
Christy Young, Department of Social Services
Ashely Scruggs, Department of Social Services
Laurie Dilger, Department of Social Services
Cary Hennessey, Department of Social Services
Susan Barboza, Department of Social Services
Lynn Neenan, Department of Social Services
Angela Poirier, Department of Social Services
Katherine Ennis, Department of Social Services
John Kramer, Department of Social Services
David Jenkins, Health Department
On behalf of the Board, Chairman Davis welcomed the employees to New Hanover County
government and wished them well in their new positions.
UPDATE ON COUNTY CAPITAL PROJECTS
County Manager O’Neal advised that representatives from the architectural firms would be
making brief reports on the Jail Project, Judicial Building Expansion, Parking Deck, Administration
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Building, and 3 Floor Renovation of the Main Library. He commented on the need for the Board
to provide direction to the architects so bid packages can be prepared, particularly for the Parking
Deck which must be completed when the expansion for the Judicial Building is ready for occupancy.
Report on Jail Project
Mr. Hank Miller, CEO Miller Building, Inc., expressed appreciation to the Board for the
opportunity to serve as the project expediter for the Jail project and he advised that Mr. Pete Buskirk
would present a brief status report, and Mr. Charlie Reed, a representative of Freeman White, would
answer any questions regarding the project. He also referenced the notice of violations issued by
CAMA and DENR and assured the Board that the company would assume this responsibility with
no burden placed on the taxpayers.
Mr. Pete Buskirk reported as of this date, the Jail project was on schedule and within budget.
Two of ten contract packages have been awarded within budget. Freeman White has met all time
schedules, and small businesses as well as disadvantaged businesses have been involved in the
construction project. After comparing construction cost per square foot with the jail facility being
constructed in Cumberland County, it was found that the cost per square foot and cost per bed were
considerably less in New Hanover County. The pod system being constructed is known to be the
most cost effective method of operation.
In closing, Mr. Buskirk advised that the project was on schedule and reported that the
violations would not delay the construction schedule. He offered to answer any questions.
Chairman Davis referenced the request by the Sheriff to allow the administrative space to
remain in the Law Enforcement Center and he asked if the $4.3 million renovation project would
solve the existing water infiltration problem and other badly needed repairs.
Mr. Charlie Reed responded that a high end figure was used to be sure that the renovation
would address all problems and expand the life expectancy of the building for a number of years. He
noted that the major cost was resolving the water infiltration problem.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 398
County Manager O’Neal explained that higher figures were used to allow for any unknown
problems that could surface during the renovation process.
Commissioner Boseman asked if any consideration had been given to demolishing the Law
Enforcement Center and constructing a new building on the site.
Deputy County Manager Atkinson responded that Staff considered demolishing a majority
of the Law Enforcement Center leaving approximately 8,000 square feet for the Magistrate’s Office,
parking and holding cells; however, after considering the cost to renovate the Law Enforcement
Center, Staff felt it would be better to move the Sheriff’s administrative space to the Blue Clay Road
site so all functions could be located on one site. He also stated that the $4.3 million would pay for
demolishing or renovating the Law Enforcement Center.
Commissioner Caster expressed concern for being told that the Law Enforcement Center was
in such bad shape that it was not worth renovating. He said it now appears that a renovation is
acceptable. He spoke on being able to understand the reasons for Sheriff Lanier wanting the
administrative functions to remain in the Law Enforcement Center to better accommodate the Courts
and other judicial functions; however, the question is whether the renovation is the right approach
and will it save money in the long-term.
Chairman Davis agreed with Commissioner Caster and stated that many citizens do not
understand why the new jail had to be moved to the Blue Clay Road site. He advised that some
information was received from the architects suggesting demolition of the building because of water
damage, and he requested an explanation from Staff.
County Manager O’Neal explained that when 83 beds were added to the jail in 1993, the poor
configuration of the jail became more complicated. The existing Law Enforcement Center can be
used as a holding place for prisoners awaiting trial; however, the building has outlived its usefulness.
The $4.3 million renovation will lengthen the life of the building for no more than ten years.
Mr. Reed advised that any building used 7 days a week for 25 years shows its age. If the Law
Enforcement Center is renovated, the brick would need to be replaced, which is quite expensive;
however, the jail space vacated will never be suitable for offices. This was the reason for moving
the Sheriff’s administrative space to the Blue Clay Road site in the original plan.
Commissioner Boseman asked County Manager O’Neal if $4.3 million should be spent to
renovate the Law Enforcement Center.
County Manager O’Neal stated that in his opinion, which will not be popular with the public,
the building should be demolished. He expressed concern for spending $4.3 million on a building that
will not greatly expand the life of the facility and will not meet future needs of the judicial system or
community.
Discussion followed on the cost of building a new jail facility over the Law Enforcement
Center site. Mr. Reed explained that the building would be torn down to the first level to provide
covered parking; however, a study would have to be conducted on the feasibility of constructing a
heavy building above the base. He stated that construction of this type would be extremely
expensive.
Commissioner Boseman spoke on being concerned about Staff not planning for the future and
expressed concern for using a band-aid to fix a problem. She requested Staff be more efficient in
future planning for capital projects.
County Manager O’Neal agreed with the need to plan for the future and stated with the high
cost of property in the downtown area, tough decisions will have be made by the City and County
regarding building projects.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 399
After further discussion of leaving the administrative space in the Law Enforcement Center,
County Manager O’Neal suggested waiting before moving into an extensive renovation project to
allow time for a complete study of the issue since this is a change from the original plan. He asked
Sheriff Lanier if he could continue to function in the Law Enforcement Center without a complete
renovation of the building for a period of time.
Sheriff Lanier responded that a cover had already been placed over the roof of the Law
Enforcement Center to stop a majority of leaks and stated if other small repairs are made, the
Administrative Staff would not have a problem with waiting a few years before renovating the
building. He advised that current discussion was being held between the City and County about
consolidating the two governments or merging departments. If consolidation occurs, the Sheriff will
be the chief law enforcement officer and it would be impossible for that person to oversee these
functions from the Blue Clay Road facility. He requested the Board to allow the administrative space
to remain at the Law Enforcement Center to better accommodate the judicial system.
Vice-Chairman Greer noted that all of the problems discussed could not be addressed at this
meeting and he suggested allowing the administrative space to remain in the Law Enforcement
Center, move the Patrol Division from the old Airport Terminal to the Blue Clay Road site, and work
on a new proposal for the Law Enforcement Center.
Chairman Davis requested the County Manager to immediately notify the Airport Authority
if the Board decides to relocate the Patrol Division from the old Airport Terminal to the Blue Clay
Road facility.
Chairman Davis requested a representative from Miller Building Company to address what
measures have been taken to prevent further permitting violations on the Blue Clay Road site.
Mr. Buskirk advised that more focus will be placed on the permitting requirements. He stated
that an environmental consultant would be used to ensure no further permitting violations.
Chairman Davis asked Mr. Hank Miller, CEO of Miller Building, to answer the following
questions.
1.Will Miller Building, Inc. assure New Hanover County that the taxpayers of the county will
not be responsible for the payment of any fines as the result of anything that might have
happened to date since the County executed the contract with Miller Building to serve as the
jail project expediter?
Mr. Miller assured the Board that New Hanover County taxpayers would not be responsible
for payment of any fines.
2. Will Miller Building, Inc. assure New Hanover County that the taxpayers of the county will
not be responsible for payment of any costs as a result of the jail project not being finished
on time because of anything that might have happened to date since the County executed the
contract with Miller Building, Inc. to serve as the jail project expediter?
Mr. Miller assured the Board that New Hanover County taxpayers would not be responsible
for the payment of any costs as a result of the jail project not being completed on time.
Chairman Davis asked if the members of the Board were comfortable with continuing with
the jail project at the Blue Clay Road site.
Commissioner Boseman stated that she felt the Blue Clay Road property was not the
appropriate site for a new jail.
Commissioner Caster expressed concern for spending $4.3 million to renovate the Law
Enforcement Center which will only expand the life of the building for a few years. He stated that
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 400
Sheriff Lanier’s reasons for wanting to remain in the downtown location were reasonable; however,
cost wise, it would be more efficient for all functions of the jail to be located on one site.
Chairman Davis asked if the members of the Board were comfortable with continuing with
Miller Building, Inc. as the project expediter for the Jail project.
After hearing no objections from any members of the Board, Chairman Davis stated that
Miller Building, Inc. will continue to serve as the project expediter for the jail project.
Mr. Miller stated that he understood the concerns of the Board and appreciated the
comments. He assured the Board that representatives of Miller Building will be working with Staff
to make sure no problems of this type will occur in the future.
Chairman Davis expressed appreciation to Mr. Miller for his responses, and he called for a
motion.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to proceed with
the plan for the new jail eliminating the Sheriff’s administrative space, adding space for the Patrol
Division, include the Work Release Facility and 40-bed dormitory in the project, and work on
developing a new proposal for the Law Enforcement Center. Upon vote, the MOTION CARRIED
by a 3 to 2 vote as follows:
Ayes:Chairman Davis
Vice-Chairman Greer
Commissioner Pritchett
Noes:Commissioner Boseman
Commissioner Caster
Report on Judicial Building Expansion Project
Mr. Bruce Bowman, BMS Architects, reported that the Judicial Building expansion project
was on schedule with construction beginning January 2, 2001. The project consists of a 6-story
expansion with 50,000 square feet of new space and approximately 50,000 square feet of renovated
space in the existing Judicial Building. The construction should be completed in 16 months with three
courtrooms ready for use. He stressed the importance of moving forward with securing 300 parking
spaces as required by the Special Use Permit granted by the City of Wilmington and stated that the
building cannot be occupied until the Certificate of Occupancy has been approved.
In closing, Mr. Bowman presented some renderings of the streetscape and offered to answer
any questions.
There being no comments from the Board, Chairman Davis expressed appreciation to Mr.
Bowman for the status report.
Status Report on the Administration Building and Parking Deck
Mr. Rick Collins, Sharpe Architects, presented renderings of the proposed New Hanover
County Administration Building and Parking Deck to be located on the Main Library site. The
Parking Deck will be located on the corner of Third and Grace Streets consisting of 6 levels with 620
spaces. The main access to the deck will be off Second Street with a new driveway to the Library
loading dock. The deck mass will be moved back from the streetscape to construct a trellis to
provide an attractive view from Third Street. The Parking Deck should be completed by April 2002
to coincide with completion of the expansion for the Judicial Building. In order to achieve this time
frame, bid proposals must be submitted no later than March 1, 2001.
Mr. Collins presented renderings of a proposed 3-story Administration Building and 6-story
Administration Building on the Library site. He presented the following cost projections for the
projects:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 401
Parking Deck$ 8,346,851
3-Story Admin. Bldg./Demolish Annex 7,440,496
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3 Floor Library Renovation 3,480,210
Renovations to existing Admin. Bldg. 1,465,767
Total $20,733,324
Parking Deck$ 8,346,851
6-Story Admin. Bldg./Annex Replacement 13,024,915
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3 Floor Library Renovation 3,480,210
Renovations to Existing Admin. Bldg. 1,394,463
Total$26,246,439
In closing, Mr. Collins offered to answer questions and he requested the Board to decide on
the scope of work so bids can be submitted for the Parking Deck by the beginning of March 2001.
Vice-Chairman Greer requested an explanation of why there should be a connector from the
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Parking Deck to the 3 Floor of the Library.
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Mr. Collins explained that meeting rooms will be located on the 3 Floor which will be used
by the public and County Staff; therefore, it was felt that access should be provided to this area. He
noted that constructing the connector as part of the parking deck would be much less expensive than
adding the connector at a future date.
Chairman Davis requested County Manager O’Neal to explain what Board action was being
requested.
County Manager O’Neal responded that a request was being made for the Board to approve
the site and design of the Parking Deck as well as the scope of the project for the site which includes
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the Administration Building and 3 Floor renovation of the Library.
Chairman Davis informed the other members of the Board that he was not prepared to make
a decision on the Administration Building.
Commissioner Pritchett asked when a decision should be made on constructing a new
Administration Building.
County Manager O’Neal requested the Board to refer to the memorandum prepared by
Deputy City Manager Bill Whisnant and Deputy County Manager Andy Atkinson and stated after
studying construction of a joint Administration Building on the Library site, it was determined that
a local governmental center on a single site would save long-term costs and provide better operational
benefits. Due to the small size of the Library site footprint, it would not be possible to construct a
larger building. To construct a 6-story building on the Library site for joint use by the City and
County would not accommodate future space needs. He advised that no specific time frame had been
established for construction of the Administration Building, but it would be more enticing for the bid
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package to include the Parking Deck, Administration Building, and 3 Floor renovation of the
Library. To defer these projects will only cost more in the future.
Commissioner Pritchett referenced the assistance given by the Friends of the Library and
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asked if this group could be requested to donate to the 3 Floor Library renovation through
contributions or some type of fund raising effort.
After commenting on the need to know if the City is interested in participating in the Parking
Deck or Administration Building, Chairman Davis recommended waiting until after the joint meeting
scheduled this afternoon before making final decisions on these projects.
Motion:
After discussion of the March 1, 2001 time frame for bid packages to be submitted for the
Parking Deck, Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve
moving forward with constructing the Parking Deck with the proviso that the City is not interested
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 402
in jointly participating in this project after the Work Session this afternoon. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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Motion:
After discussion of constructing an Administration Building, renovating the 3 Floor of the
Library, and requesting the Friends to the Library to consider a fund raising effort, Chairman Davis
MOVED, SECONDED by Commissioner Caster, to continue these items until February 5,2001 to
allow more time for the Board to study these issues and know if the City is interested in participating
in the Administration Building project. Upon vote, the MOTION CARRIED UNANIMOUSLY.
REVISION IN AUDIT REQUIREMENTS FOR NONPROFIT AGENCIES RECEIVING
COUNTY FUNDING
Budget Director Cam Griffin reported that pursuant to North Carolina General Statute 159-
40, a county contribution of $1,000 or more to a non-profit agency requires the organization to
perform an annual audit that must be filed with the contributing county.
Currently, the County Audit Policy requires nonprofit organizations appropriated over $5,000
in a fiscal year to have an annual audit conducted by a CPA. Due to the cost of an audit at
approximately $2,000, a financial hardship is being placed on some smaller organizations that receive
minimal County funding. In order to address this problem and be consistent with the City Audit
Policy, Staff recommends the following amendment to the County Audit Policy.
Contributions of $10,000 and more will require an audit, and contributions of $5,000 to
$9,999 will require a financial review to become effective July 1, 2001.
The cost for a financial review is usually one-half the cost of an audit performed by a CPA.
If the amendment is approved, only 23 agencies will be required to have an audit.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to amend the
County Audit Policy for non-profit organizations receiving County funding as requested by the
Budget Director to become effective July 1, 2001. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the amended County Audit Policy is on file in the Budget Department.
CONSIDERATION OF MODIFICATIONS TO THE MEMORANDUM OF AGREEMENT
WITH THE COOPERATIVE EXTENSION SERVICE AND CONSIDERATION OF
AMENDMENTS TO THE BYLAWS OF THE AIRLIE GARDENS FOUNDATION BOARD
OF DIRECTORS
After summarizing the discussion held at the Thursday Staff meeting, Chairman Davis advised
that the Board felt action should be deferred on amending the Memorandum of Agreement between
New Hanover County and the Cooperative Extension Service until a meeting can be scheduled with
Dr. Jon F. Ort and other representatives of the North Carolina Cooperative Extension Service. He
requested the County Manager to schedule a meeting so this issue can be resolved.
Commissioner Boseman agreed with the idea of scheduling a meeting before modifying the
Memorandum or Agreement with the Cooperative Extension Service because of the numerous phone
calls received about this issue.
Consensus:
After further discussion, it was the consensus of the Board to defer action on modifying
the Memorandum of Agreement with the N. C. Cooperative Extension Service until the County
Manager can schedule a meeting with Chairman Davis, Vice-Chairman Greer, Dr. John F. Ort, Dr.
Joe Zublena, Dr. Wanda Sykes, and County Manager O’Neal.
Chairman Davis also reported that discussion was also held at the Thursday Staff meeting
regarding amendments to the Bylaws of the Airlie Gardens Foundation Board of Directors since
Airlie Gardens is a separate county department.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 403
Commissioner Pritchett expressed concern for amending the Bylaws when the entire set had
not been presented.
Vice-Chairman Greer asked why the Dean of the North Carolina State Agriculture and Life
Sciences College (or designee) should be removed as a member of the Foundation Board of Directors
since water quality is an important issue.
Chairman Davis stated as a member of the Airlie Gardens Foundation Board of Directors, it
was felt that only organizations directly involved with Airlie Gardens should have representatives to
serve on the Foundation Board since this is a new county department. There was no intent to create
a conflict with the N. C. Cooperative Extension Service by eliminating the position.
After hearing no further comments, Chairman Davis called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Chairman Davis, to approve the
modifications to the Bylaws of the Airlie Gardens Foundation Board of Directors as presented, which
increases the at-large members appointed by the Board of County Commissioners from 4 to 5 and
eliminates the requirement for the Cooperative Extension representative on the Board of Directors.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner Caster asked why Dr. Bruce Williams could not be appointed to fill an at-large
position on the Airlie Gardens Foundation Board of Directors.
County Manager O’Neal explained that Dr. Williams was currently providing contracted
services to the County until April 15, 2001; therefore, it would not be appropriate to appoint him to
serve on the Airlie Gardens Foundation Board of Directors until after that date.
Chairman Davis requested County Manager O’Neal to discuss this matter at the next meeting
of the Foundation Board.
FIRST READING OF AN ORDINANCE LEVYING A TAX ON GROSS RECEIPTS
DERIVED FROM RETAIL SHORT-TERM LEASE OR RENTAL OF MOTOR VEHICLES
Tax Administrator Robert C. Glasgow reported that the New Hanover County Tax
Department recommends the adoption of an Ordinance to levy a tax on the short-term lease and/or
rental of motor vehicles. Short-term is defined as the rental or lease of a vehicle less than one year.
The authority for taxing jurisdictions to impose this tax was in response to Senate Bill 1076 which
was intended to reform the taxation of short-term rental and lease vehicles.
Previously all short-term rental and lease vehicles were identified by the owners to the North
Carolina Department of Motor Vehicles. That information was provided to local jurisdictions. Tax
bills were generated annually by local jurisdictions using a tax rate of 3% of the value of the vehicle.
It was the contention of the rental and leasing companies that they were paying a higher tax under
this formula. This change in legislation provides for the local jurisdictions and municipalities to place
a 1 ½ percent tax for each jurisdictional areas with a maximum of 3%. There are approximately 20
merchants involved in the short-term rental or leasing of motor vehicles within New Hanover County.
All merchants located in New Hanover County which are retailers of short-term rental or leases will
th
be required to file a report by the 15 of the following month identifying the amount of revenue
received for the reporting period and the amount of gross receipts tax charged by the business
location. There is no estimate of the revenue that will be generated from the tax. Each of the four
jurisdictions must adopt an Ordinance to receive tax revenues from this source.
In closing, Tax Administrator Glasgow requested the Board to adopt an Ordinance to levy
a tax on gross receipts derived from short-term lease or rental of motor vehicles to become effective
February 1, 2001.
Chairman Davis asked if any member of the Board would like to comment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 404
Vice-Chairman Greer spoke in being in favor of the Ordinance, but stated he would vote in
opposition to provide more time to receive public input.
There being no further comments, Chairman Davis requested a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt an
Ordinance levying a tax on gross receipts derived from retail short-term lease or rental of vehicles.
Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows:
Ayes:Chairman Davis
Commissioner Boseman
Commissioner Caster
Commissioner Pritchett
Noes:Vice-Chairman Greer
Since the Ordinance did not receive a unanimous vote on the First Reading, it will be placed
on the February 5, 2001 agenda for a Second Reading.
BREAK
Chairman Davis called a break from 11:34 A.M. until 11:45 A.M.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 11:46 A.M. to hold a Regular Meeting
of the New Hanover County Water and Sewer District.
Chairman Davis reconvened to Regular Session at 12:10 P.M.
ADDITIONAL ITEMS BY COUNTY COMMISSIONERS
Discussion of Joint Meeting with the City
Commissioner Caster spoke on being disappointed that the effort with the Institute of
Government was no longer viable, and he urged the Board to discuss the need to move forward with
consolidation at the joint meeting with the City at 1:00 P.M. He stressed the need to pursue this
issue.
Authorization for the Chairman to Sign a Letter of Support for Corning, Inc. to Build a
Crosswalk over Highway 132 North
Chairman Davis presented a draft letter of support for Corning to privately build a crosswalk
over Highway 132 North, and he requested authorization to sign the letter.
Consensus:
After further discussion, it was the consensus of the Board to authorize the Chairman
to sign the letter to be forwarded to Marc Basnight, Pro Tempore of the N. C. Senate, James B.
Black, Speaker of the N. C. House of Representatives, and members of the local legislative
delegation.
Adoption of Resolution to Increase the Homestead Exemption
Chairman Davis referenced discussion held at the last meeting and reported that a resolution
has been prepared to support the Homestead Exemption as recommended by the N. C. Association
of County Commissioners comprised of the following request:
The amount of the exclusion shall be the greater of $20,000 or 50 percent of the value of the
residence.
The initial income threshold shall be $15,000; the income threshold shall be adjusted by the
annual COLA adopted by the Social Security Administration.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 28
MINUTES OF REGULAR MEETING, JANUARY 22, 2001 PAGE 405
The Property Tax Division of the North Carolina Department of Revenue shall issue an
annual advisory to inform the counties of the adjusted income threshold.
He asked if any member of the Board would like to comment.
There being no comments, Chairman Davis requested a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adopt a
resolution to increase the Homestead Exemption as presented and forward a copy to members of the
New Hanover County legislative delegation requesting their support for the changes. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 23.
ADJOURNMENT
Chairman Davis called for a motion to adjourn the meeting.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 12:27 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board