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HomeMy WebLinkAbout1999-03-22 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 149 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, March 22, 1999, at 9:00 a..m. in the Golden Hawk Room of the Nixon Annex, at Trask Coliseum, University of North Carolina at Wilmington campus, Wilmington, NC. Members present were Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the Board, Teresa P. Elmore. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Assistant County Manager, Patricia A. Melvin, 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. APPROVAL OF CONSENT AGENDA Commissioner Howell requested removal of Consent Item 11. He reported he had visited the site of the Tanglewood Road Cemetery, where he met Shirley Leonard, owner of the property. She stated that the vacant property was the old Trask family cemetery. Commissioner Howell felt the consent item should be tabled until the ownership issue was resolved. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to remove Consent Item 11 and to 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 following sets of minutes as presented by the Clerk to the Board: Regular MeetingFebruary 15, 1999 Approval of Waiver of Tip Fee for Big Sweep The Commissioners approved a request from Keep America Beautiful for a tip fee waiver on trash collected from a community-wide clean-up effort in preparation for the Azalea Festival. The project is a coordinated effort between the Azalea Festival Committee, the Chamber of Commerce, and Keep America Beautiful. Traditionally, the County has waived fees for community projects similar to Big Sweep. Approval of Amendment to Parks and Recreation Advisory Board By-Laws and Ratification of the Appointment of Steven M. Bilzi to Serve as the School Representative on the Parks and Recreation Advisory Board The Commissioners approved an amendment to the Parks and Recreation Advisory Board By- Laws to increase the membership from seven (7) to eight (8) to include a representative from the New Hanover County School System as nominated by the New Hanover County Board of Education. The Board also ratified the appointment of Steven M. Bilzi to serve as the School representative on the Parks and Recreation Advisory Board as nominated by the Board of Education. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 150 Adoption of Resolution to Exchange Equipment in Sheriff’s Department andApproval of Related Budget Amendments #99-0114 and 99-0115 The Commissioners adopted a resolution proposed by the County Sheriff’s Department to exchange the fully automatic weapons currently issued to the Emergency Response Team (ERT) for all new weapons through an exchange procedure pursuant to General Statute 160A-271. This exchange is believed to be of value due to the age and use of current weapons as compared to new, usable weapons of good quality and modern manufacture. The only vendor interested in such an exchange was Special Weapons Company in Wilmington. The Sheriff Department’s current weapons were appraised by an independent dealer and the value offered by Special Weapons Company is comparable to the value established by the appraiser. The transaction will exchange weapons valued at $19,100.00 for a combination of new weapons valued at $19,100.00. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 8. The Commissioners approved the following budget amendments: #99-0114 - Sheriff/Federally Forfeited Property DebitCredit Sheriff/Federally Forfeited Property Other $2,700 Capital Project Expense$2,700 Purpose: To budget proceeds received by exchange of guns. #99-0115 - Sheriff/Administration DebitCredit Sheriff/Administration Sale of Fixed Assets$16,400 Capital Outlay - Equipment$16,400 Purpose: To budget proceeds received by exchange of guns. Approval of Increasing the Planning Department’s Development Fee Schedule The Commissioners approved increasing the Development Fee Schedule based on findings from a survey of Development Fees for selected counties in North Carolina. The fee schedule covers charges for such items as rezoning applications, special use permits, text amendments, subdivision review plans, street/easement closures, street naming, and mobile home park plans. A copy of the Revised Development Fee Schedule in on file in the County Planning Department. Approval of New Vaccine and Pre-Exposure Rabies Vaccine Fee Changes in the Health Department’s Immunization Fees The Commissioners approved the following fee changes as recommended by the Board of Health: Lymerix (new)$55.00 per injection Rabies-Pre Exposure$78.00 The increase in the rabies vaccine is due to the price increase of the drug. Approval of New Medicaid Rates for the County Health Department The Commissioners approved the new Medicaid rates as recommended by the Board of Health and effective March 4, 1999. The North Carolina Department of Health and Human Services changed the rates based on cost and service data for the period 1997-98. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 151 Acceptance of Hazard Mitigation Grant Award to Emergency Management from N.C. Department of Crime Control & Public Safety-Division of Emergency Management and Approval of Budget Amendment #99-0113 The Commissioners accepted a grant award to Emergency Management from the N. C. Department of Crime Control and Public Safety, Division of Emergency Management, in the amount of $285,600 for the replacement of the River Road Communications Tower. The grant consists of $215,600 from the Federal Government and $70,000 from the State of North Carolina. No County funds are required. The following budget amendment was approved: #99-0113 - Emergency Management DebitCredit Emergency Management Hazard Mitigation Grant - Federal$215,600 Hazard Mitigation Grant - State 70,000 Salaries$2,800 FICA 0 Retirement 0 Medical Insurance 0 Disability Insurance 0 Contract Service$6,000 Supplies$2,800 Other Improvement-construction $274,000 Purpose: To establish budget for HMGP grant awarded for the replacement of the River Road Communications Tower. Adoption of Resolution Awarding Contract #99-0247 to MacThrift Office Furniture for the Purchase of Chairs as part of the Renovation of the Historic Courthouse The Commissioners adopted a resolution awarding Contract #99-0247 to MacThrift Office Furniture for the purchase of chairs for the Historic Courthouse. As part of the renovation of the Historic Courthouse, the formal bid process was used to purchase the chairs. Six bid packages were mailed and three bids were received. MacThrift Office Furniture of Greensboro, the lowest responsible bidder, submitted a bid of $36,504.34. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 8. A copy of the contract is on file in the Legal Department. Adoption of Resolution and Declaration of Official Intent to Arrange Installment Financing with Bank One Leasing for Financing the Startup Equipment costs for Airlie Gardens The Commissioners adopted a resolution and declaration of official intent to arrange installment financing with Bank One Leasing for financing the startup equipment costs for Airlie Gardens. An interest rate of 4.66% has been secured. Vehicles, tractors, and mowers will be purchased. Finance Director Bruce Shell was authorized to execute the necessary legal documents. At its December 7, 1998 Regular Meeting, the Board of Commissioners approved $250,000 for startup costs for Airlie Gardens. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 8. Release of Value - Tax Department The Commissioners approved the release of the following late listing penalties as this was the taxpayers’ first offense: Casper, Joseph M. and Susan M.$ 7.74 Rigsbee, A. Wayne$167.40 The Commissioners approved granting the following taxpayer the Senior Citizen/Disability NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 152 Exclusion: Armstrong, Eddie L. and Geraldine$ 20,000 The Commissioners approved a value adjustment for the following taxpayer because of property conditions that have been brought to the attention of the Tax Department: Porcelli, Richard$ 18,950 Copies of applications, letters of explanation and other backup information regarding these cases are available in the Tax Department upon request. Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports The Commissioners accepted the following Tax Collection Reports through February 28, 1999, as submitted by the Collector of the Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 8. Approval of Memorandum of Agreement Between NCSU and New Hanover County to Provide Educational Leadership and Professional Staffingfor the Airlie Gardens Properties The Commissioners approved a Memorandum of Agreement between North Carolina State University and New Hanover County in order to have N. C. State’s Cooperative Extension Service provide educational leadership and professional staffing of Airlie Gardens properties. N. C. State’s Cooperative Extension Service has expert personnel that will be a valuable resource in the renovation and maintenance of Airlie Gardens. A copy of the Memorandum of Agreement is on file in the Legal Department. Award of Contract #99-0251 to Seegars Fencing for Installation of Fencing at Airlie Gardens The Commissioners awarded a contract to Seegars Fencing of Wilmington to install approximately 4,329 linear feet of 8-foot ornamental fence and 1,714 linear feet of chain link fence at New Hanover County’s Airlie Gardens. Bids were solicited, and the firm selected submitted the lowest bid of $319,125.00. A copy of the contract is on file in the Legal Department. Approval of New Civil Engineering Technician Position in the Engineering Department The Commissioners approved the request for a new Engineering Technician position due to the impact of new County sewer projects and increased subdivision activity. The Engineering Technician will provide drafting support and organize and control the use of maps. Sufficient funding is in the salary account of the Engineering Department’s budget to fund the position for the remainder of the fiscal year. Approval of Budget Amendment #99-0094 - District Attorney-Domestic Violence Unit The Commissioners approved the following budget amendment: #99-0094 - District Attorney-Domestic Violence Unit DebitCredit District Attorney-Domestic Violence Unit Domestic Violence Grant$22,602 Contracted Services$31,217 Salaries$ 4,000 FICA$ 200 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 153 Retirement $ 40 401K $ 325 Medical Insurance$ 1,400 Cellular Expense $ 1,000 Training & Travel$ 1,650 Purpose: To decrease budget to actual amount of grant received through 6/30/99. Approval of Budget Amendment #99-0116 - Social Services/Administration/Child Day Care Program/CP&L Intervention Program The Commissioners approved the following budget amendment: #99-0116 - Social Services/Administration/Child Day Care Program/CP&L Intervention Program DebitCredit DSS Administration: Administrative Grants$90,447 CP&L Intervention Program: Assistance Payments$90,447 Child Day Care: Smart Start Child Day Care Revenue$106,155 Smart Start Child Day Care/Assistance Payments$106,155 Purpose: To budget additional Federal/State funding for CP&L Intervention Program and Smart Start Child Day Care Program. Approval of Budget Amendment #99-0117 - Health/Partnership for Children - Health The Commissioners approved the following budget amendment: #99-0117 - Health/Partnership for Children - Health DebitCredit Partnership for Children Grant$6,000 Temporary Salaries & Wages$6,000 Purpose: To budget additional grant funds from Smart Start - New Hanover County Partnership for Children. Approval of Budget Amendment #99-0126 Non-Departmental/Sheriff/Jail The Commissioners approved the following budget amendment: #99-0126 - Non-Departmental/Sheriff/Jail DebitCredit Non-Departmental: Contingencies$30,000 Sheriff’s Department/Jail: Contracted Services$30,000 Purpose: To transfer funds from Contingencies for the next phase of the Jail Study. PRESENTATION OF RESOLUTION RECOGNIZING WORLD WAR I VETERAN, DR. HORACE THOMPSON, AS A RECIPIENT OF THE LEGION OF HONOR FROM THE FRENCH CONSULATE Chairman Caster reported the Assistant French Consulate from Atlanta, Georgia will award the Legion of Honor to Dr. Horace Thompson on March 23, 1999, at the American Legion, Post 10 at 11:00 a.m. The award is being presented to honor Dr. Thompson for his service to France during World War I. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 154 Mr. Bob Angeli, New Hanover County Veteran’s Service Officer, spoke on the award being the highest national award presented by the French government and equivalent to our nation’s Medal of Honor. In honor of the award, the Commissioners were requested to adopt a resolution saluting Dr. Thompson’s contributions to both nations. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution recognizing Dr. Horace Thompson for his service to France during World War I. 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 XXV, Page 8. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager O’Neal requested the following employees to step forward to receive retirement plaques: Phoebe Q. Saavedra, Planning Department - 11 years, 5 months Pamela G. Kearney, Social Services Department - 22 years, 3 months Frank Mills, Print Shop Department - 13 years, 4 months Hoyt E. Smith, Inspections Department - 20 years, 7 months Chairman Caster, on behalf of the Board, expressed appreciation to the employees for their years of dedicated service and he wished them a happy retirement. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARD County Manager O’Neal requested the following employee to step forward to receive his service award: Employee Years of Service Robert D. Dayton, Information Technology5 Years Chairman Caster, on behalf of the Board, presented the service award to the employee and expressed appreciation to him for his years of service. RECOGNITION OF NEW COUNTY EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: Carlton Weatherington, Fire Services Department Nancy Nail, Health Department Jessica Nakell, Health Department Renu Daryani, Health Department Brenda Bowman, Planning Department Donald Warnick, Sheriff’s Department Dustin Stream, Sheriff’s Department Randy Kiser, Sheriff’s Department Sue Allison, Sheriff’s Department Jenny Curlee, Sheriff’s Department John Paterson, Sheriff’s Department Erica Taylor, Social Services Department Eunice Jacobs, Social Services Department Lizine Lewis, Social Services Department Lawanda Coward, Social Services Department Debra Pearsall, Social Services Department Robert Coston, Parks and Recreation Department Chairman Caster, on behalf of the Board of County Commissioners, welcomed the new employees to county government and wished them well in their new positions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 155 PRESENTATION OF CLASS ACT AWARD TO GRANT D. GORE County Manager O’Neal announced that Grant Gore of the Planning Department has been selected to receive the Class Act Award for his substantial contributions in demonstrating excellent service and very high quality work products. Mr. Gore has used his creative talents to develop and maintain a very attractive web page for the Planning Department. The web page has received numerous compliments and praise. Mr. Gore is also the graphic artist for the County’s web site and is responsible for many of the illustrative backgrounds seen on those pages. More recently he was involved in creating the new County logo that is a representation of the clock tower on the Historic Courthouse. The logo has been used as an icon on printed materials as well as official County publications and documents. Chairman Caster, on behalf of the Board, requested Mr. Gore to step forward to receive the “Class Act Award” and noted that Mr. Gore had chosen the one-day leave of absence in lieu of a $50 U. S. Savings Bond. He expressed appreciation to Mr. Gore for his excellent quality of work and presented the award. A round of applause was given to Mr. Gore. PRESENTATION OF PROGRESS REPORT FROM FALCON CABLE Mr. Michael Singpiel, Divisional Vice President of Falcon Cable Eastern Division, spoke on the company’s progress in upgrading the Falcon Cable System. He reported that Falcon had responded to part of the County’s Request for System Upgrade Information and the remaining information will be forthcoming. Mr. Rich Vallen, Chief Technician with Falcon Cable, reported on performing the equipment survey during the last 2 months. They have completed 160 miles of the walk-out and have another 30 miles remaining. The information will be used to determine the type of design that is needed. Meanwhile, twenty amplifiers in the Myrtle Grove Road area and Greenbriar Subdivision have been replaced with a new style that will be used in the new system. In two weeks, a new processing facility, which includes a 600-foot tower, will be completed at Hill Valley Walk. These improvements will correct most of the off-air channel problems being experienced. Mr. Singpiel added that the kind of tower being installed has a reputation of being very structurally sound and was the only type that was left standing after Hurricane Andrew hit Florida. Mr. Phil Garret, Director of Mapping Services for Aspen International Cable Corporation in Salem, Oregon, spoke on the process of developing a design plan to replace the current system. After the field staff performs a survey of existing facilities, the data will be digitized into an AutoCAD format and given to the design engineers for review. They will determine the type of equipment that will provide the most economical and best service for the subscribers in New Hanover County. He presented the engineering documents and encouraged the Commissioners to call if they had any questions. Mr. John Felmey, of Prince Construction, spoke on the company’s expertise in providing state of the art technology in fiber and co-axial cables and electronic equipment. Prince Construction was chosen to perform the work because of its safety and quality production record, which includes compliance to all CDL, DOT, OSHA, federal, state and local requirements. The 35-member crew will work close with Falcon Cable to improve the quality of cable service in the area. Commissioner Birzenieks asked if customers were receiving any improvements with the upgrades that have been made. Mr. Singpiel responded that a good indication of customer satisfaction is the decrease in the number of complaints received by the County Attorney’s office. County Attorney Copley responded that the number of complaints has gone down. She stated that Mr. Bob Sepi, the County’s Cable Consultant, was present to report on the current situation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 156 Mr. Bob Sepi reported the number of Falcon Cable complaints has dropped. Apparently, the new amplifiers and better maintenance have improved the service, because the picture quality has improved. The new tower is a replacement tower and has FAA approval. Once the tower is installed, service should continue to improve. He informed the Commissioners that the consumer/subscriber satisfaction surveys have been mailed. Some of the surveys have been returned with additional comments made on the form. A report will be given to the Board in about a month on the subscribers’ opinions about Falcon’s service. He will also offer an opinion on the proposed design plan after he reviews the engineering documents that were provided. Chairman Caster mentioned that the citizen committee, under the chairman, Mr. Martenis, has begun meeting and will give a status report to the Commissioners. County Attorney Copley replied that Mr. Sepi has met with the committee and that the committee mailed 6000 customer surveys to Falcon Cable subscribers in New Hanover County. Mr. Sepi reported several hours were spent on schooling the members about cable law, cable technology, and the situation in New Hanover County. County Attorney Copley advised the Commissioners that they can decide whether to continue with terminating the franchise with Falcon after receiving the reports on the customer satisfaction surveys and the proposed improvements. The County has done the necessary work, such as the customer service surveys, to proceed with the termination. Ultimately, the Board will decide whether the progress toward improvement by Falcon is sufficient for the County to end their franchise termination process. Commissioner Birzenieks commented that it will be very important to know Falcon’s time frame in making the upgrades when the Board considers Mr. Sepi’s reports in the next 60 days. Chairman Caster thanked Mr. Sepi for the report and urged Falcon Cable to continue the improvements made to the service for the subscribers of New Hanover County. CONSIDERATION OF RESOLUTION TO ENCOURAGE THE FAA TO ALLOW THE AIRPORT AUTHORITY TO BE THE SOLE SPONSOR FOR FEDERAL GRANTS County Attorney Copley commented on the opportunities that the Airport Authority will get to receive FAA grants. At the present time, the FAA requires the County to be a co-sponsor in signing the grants. Representatives from the Airport Authority were present to request the Board to support the Airport Authority as the sole sponsor of the grants. Mr. Will Plentl, Airport Director, reported that recently the FAA reviewed the routine procedures dealing with the Airport. In reviewing the Airport Charter, they felt joint signatures by the County and the Airport Authority were no longer needed to accept grants. The Airport may receive discretionary money that can become available at critical points in the Federal program, which will require a quick execution of a grant within two or three days. If the County supports the proposed resolution that gives the Airport Authority the sole signature responsibility, the Commissioners will not have to call special meetings as the Airport Authority will have to do. Chairman Parks Griffin, of the Airport Authority, commented on Director Plentl’s past experience as the former Aviation Director for the State of North Carolina. With his extensive knowledge of the grant procedure, the Airport will have more opportunities to receive grants than before. As the sole sponsor for federal grants, the Airport Authority can respond more quickly. Commissioner Birzenieks asked who requires the County to approve the FAA grants. Director Plentl responded that the FAA had required joint approval in the past; however, the Airport Authority can operate as the sole sponsor because of its current structure. Commissioner Birzenieks commented that the County should be consistent in its policy dealing with agencies and organizations of the county. He noted that the Board of Trustees of New NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 157 Hanover Regional Medical Center routinely accepts grants for the hospital. Accordingly, the Airport Authority should have the same ability. Vice-Chairman Greer commented that it is important for the Commissioners to be kept informed of the grant applications and awards so that the Commissioners can stay abreast of what is happening at the Airport. Director Plentl replied that the Airport Authority will continue to keep the Commissioners informed. He commented on the importance of a good working relationship between the County and the Airport Authority. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to adopt the resolution in support of the Airport Authority becoming the sole sponsor for Federal grants. 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 XXV, Page 8. CONSIDERATION OF RESOLUTION ENDORSING THE ENACTMENT OF THE ONE CENT LOCAL OPTION SALES TAX Chairman Caster reported that several counties in North Carolina have the ability and others have the desire to raise money for county projects through the means of a one cent local option sales tax. The County could pay for specific projects, such as Airlie Gardens, with the one cent sales tax. If voters agreed to the tax, then the County would have another way to pay for special projects. In recent times, certain projects are financed and generally end up costing twice as much then if they were paid in full. However, Senator Ballantine has introduced Senate Bill 440 that would eliminate the two-cent sales tax on food and give the counties three cents of the six-cent sales tax. He estimated the tax would raise $15.5 million to $16 million per year for New Hanover County; while cutting the State’s budget by 3% to 5% or $500 million. Chairman Caster asked if the Board desired to support the Senator’s Bill or the proposed resolution. Commissioner Birzenieks commented that Senator Ballantine was ahead of everyone on the matter because his Bill will achieve the same goal as a local option sales tax and will benefit all the counties in the State. He wanted to support SB440; however, if the bill does not pass, then the County should ask the General Assembly to adopt legislation for the local option sales tax. Commissioner Davis spoke on the one cent local option sales tax as the fairest way to tax residents of New Hanover County because it applies to everyone and not just those who pay ad valorem taxes. Everyone contributes to paying for the County’s infrastructures, such as schools. He supported the Senator’s Bill because it does not increase taxes. He suggested supporting SB440 and considering the County’s local option tax as an alternative in the event that the bill does not pass. Vice-Chairman Greer supported SB440 because it would provide an additional source of money for the County. Mayor Rothrock, of Carolina Beach, was present to endorse the one cent local option tax because it will provide money for the municipalities in the County as well. The money from a local option tax will provide local governments a way to finance certain projects that the people have voted to support. He wanted to keep the local option tax as a part of the resolution. Chairman Caster commented that the local option sales tax should not be a way of getting more money, but should be used to lower property taxes or to provide funding for special projects that citizens support. The County could pay for projects, such as Airlie Gardens, over a shorter period of time, without the high cost of long-term financing. Nonetheless, elected officials should have flexibility to impose the tax, and at other times the Board may want the people to vote on the matter. Vice-Chairman Greer suggested that the resolution should not go into too much detail about NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 158 the local option sales tax in order to give some flexibility to the legislators who may be divided over certain issues. Commissioner Birzenieks felt the Board should strongly support SB440 before asking the legislators to approve a local option sales tax. Although additional money will be available for counties, the Bill’s approach will not add a new tax. Commissioner Davis suggested to incorporate the endorsement of SB440 into the proposed resolution. Senator Ballantine’s Bill will not be jeopardized with the legislators thinking that New Hanover County would rather have its own local option sales tax. The taxpayers would rather have an increase in revenues without a tax increase instead of having another one cent sales tax. In case the Bill does not pass, the County will have an alternate approach ready. Vice-Chairman Greer suggested wording the resolution to say that the County would like a one cent sales tax whether it is an additional one cent local option or one cent of the tax that the State is already collecting. Instead of getting two of the six-cent sales tax, Senator Ballantine proposes that counties receive revenues from three cents of the sales tax. County Manager O’Neal commented that it may be very beneficial if several more counties were to request the legislators’ approval for the local option sales tax. Consequently, combining both options in the same resolution may not be the best strategy. Commissioner Birzenieks reiterated the importance of the General Assembly understanding that New Hanover County supports Senator Ballantine’s Bill. If it passes, the County will not need a local option sales tax. Furthermore, if the bill does not pass, the legislators will know that the County wants a local option sales tax. County Attorney Copley recommended to change the wording in the resolution to read: That the New Hanover County Board of Commissioners do hereby support Senate Bill 440 as introduced by Senator Patrick Ballantine. In the alternative, the New Hanover County Board of Commissioners requests that the members of the New Hanover County Legislative Delegation enact a one cent local option sales tax for New Hanover County. In any case, she advised the Board, the deadline for local bills to be submitted is March 24, 1999. County Manager O’Neal expressed concern that the State may reduce its budget by passing the expenses on to counties thereby increasing local matches for programs or eliminating funds for a required program. Commissioner Birzenieks reiterated that Senator Ballantine has indicated New Hanover County will receive an additional $15 million without jeopardizing State funding to the County. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to adopt a revised resolution to include the Board’s endorsement of Senator Ballantine’s Bill (SB440) as the first consideration before enacting a local option sales tax for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Birzenieks stated the Board should express appreciation to Senator Ballantine for working diligently on behalf of the citizens of New Hanover County. Mayor Ray Rothrock, on behalf of the Town of Carolina Beach, spoke in support of the one cent local option sales tax and said he felt sure that the Town Council would also support Senator Ballantine’s Bill. The amount of money that an additional sales tax could bring in would equal to the Town increasing the property taxes by eight cents on the dollar for one year or one cent for eight years. The Town Council supports the local option sales tax to be for specific uses and to have a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 159 sunset or termination clause. He prioritized the Town’s needs as: infrastructure, sewer, water, drainage, and a public safety building. If grants or low interest loans are not received for the water and sewer projects, the Town Council could use the proposed sales tax. AUTHORIZATION TO HIRE A RESEARCH CONSULTANT TO CONDUCT A POLL ON THE PUBLIC’S INTEREST AND SUPPORT OF A BOND REFERENDUM FOR GREEN SPACE ACQUISITIONS Mr. Jack Bragg, Chairman of the Parks Foundation Board of Directors, gave a presentation on the status of the Parks Foundation’s strategy in developing the scope of the Open Space/Parks Bond Referendum. The Board has increased its membership to include Mr. Reid Murchison, Ms. Camilla Herlevich, Dr. James Leutze, Mr. Charles Wells, and Vice-Chairman Robert G. Greer. The Parks Foundation has proposed establishing sub-committees to assist in getting the community involved in different aspects, such as open space, athletic facilities, and future school property. Before getting the community involved and actively pursuing the types of facilities and spaces that are needed, the Foundation would like the Commissioners’ guidance. Many focus groups are interested in the County purchasing land for specific uses, such as green space, athletic facilities, and historical sites. The Commissioners may want to know if the public will support the bond referendum. Mr. Bragg requested the Commissioners to fund a public opinion poll to determine the public’s attitude toward preserving open/green space and developing park facilities through a bond referendum. Additionally, the poll could give insight to the Foundation on how to establish sub- committees. Tentatively, the bond referendum is scheduled for May 2000. County Manager O’Neal advised that it would take at least a month to prepare a contract and up to six week to receive a report of the polling results. The Worthlin Company, with the assistance of a local company East Coast Research, performed the last public opinion poll concerning the school bond referendum. The polling company can determine the amount that the public will support and advise the County on how to present the bond referendum. Commissioner Davis commented on his desire to hire local businesses when possible and he felt that East Coast Research should be considered to provide the service since they have a good reputation in the area. Motion: Commissioner Birzenieks commented on the Board needing to know what the people of the County want in green space and athletic facilities before proceeding with the bond referendum. He MOVED, SECONDED by Vice Chairman Greer, to hire a research consultant, in an amount not to exceed $30,000, to conduct a public opinion poll on the public’s interest and support of a bond referendum for green space acquisitions. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster suggested that the Foundation may want to use the Natatorium Committee as part of the athletic facilities subcommittee because of the amount of work that has been done by them already. Commissioner Davis stressed the importance of having input from the public and adequate information available on the issues before the County should ask voters to approve the bond referendum. Mr. Bragg responded the public opinion poll will give the Parks Foundation and the Commissioners some guidance in preparing for the bond referendum. Vice-Chairman Greer asked Harry Tuchmayer to provide the Commissioners with information about the shortage of soccer fields in the County. Mr. Harry Tuchmayer, President of Cape Fear Youth Soccer Association (CFSA), spoke concerning the rapid growth of the soccer programs in New Hanover County. He stated that there were 3,000 registered participants in the programs: 2,000 in the under age 16 program, 300 in the adult program, and 600 in the more competitive levels. The soccer programs use school properties and county parks that are in deplorable shape because of over use. The growth of new school NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 160 programs, such as lacrosse, field hockey, and new girl teams, will decrease the availability of the school facilities for the soccer programs. If more County-owned park facilities were available, the school facilities could be used on a more limited basis, which would mean better quality playing fields. Mr. Al Pastore, representing the CFSA Board, spoke on meeting with the members of the Parks and Recreation Advisory Board about the current field crisis. Presently, there are 175 youth teams, but by the Fall, there will be 215 youth teams. Over the twelve-week season, 1,850 matches will be played. Approximately 24,000 people will visit the fields each year. The soccer programs have a positive economic impact of greater than $1.5 million annually from regular season play and an additional $1.8 million from five tournaments. In spite of having more children in the soccer programs than the other sports combined, there are only seven full-sized soccer fields. Children will be turned away from the soccer program in the Fall because of the shortage in fields. Mr. Pastore commented on the importance of support from CFSA, the largest recreational user group in the county, in approving the bond referendum in May 2000. Ten years ago, the citizens of the County passed a parks and recreation bond referendum to purchase the Ogden Park complex. New soccer fields were needed. The park remains incomplete, but two soccer fields will be ready for the Spring season. He also explained the field shortage in the southern end of the county. After plans were made on developing a 54-acre soccer complex at Battleground Park, the County purchased property at Pilots Ridge. Because the County had approved the soccer fields at Battleground Park, the CFSA agreed to cut the number of soccer fields at Pilots Ridge from 14 to 4. At the time that the plans for the Battleground Park were scratched, land planners had completed the park overlay for Pilots Ridge. Once again the soccer program lost fields. The complex at Hoggard and Roland Grise schools has been the home for the soccer program for the last 14 years. Two of the three fields are no longer available at Roland Grise. Starting in August, construction projects will take a way some of the fields. With varsity football, junior varsity football, varsity soccer, and potentially lacrosse, the soccer program will have less time to use the fields. Mr. Pastore suggested a short-term solution would be for the County to provide four soccer fields behind Eaton Elementary School. The CFSA had requested the Parks and Recreation Advisory Board to lease the property from the Board of Education. Mr. Chip Hicks, of the CFSA board, spoke of the possibility of using 15 acres of vacant land at Eaton Elementary School. The property was used for debris cleanup after Hurricane Fran. The Board of Education does not anticipate using the property because 15 acres is inadequate for a middle school. Since the Parks Department has been waiting for more than 30 days for a lease agreement with the Schools, he asked the Commissioners to see if they can help in expediting the process. The soccer program will need every available space in the Fall. He asked the Board to help find some fields for the 3,000 soccer players. Commissioner Birzenieks asked when the soccer fields could be ready if the County provided the money and the Schools leased the property. Parks Director Neal Lewis responded to get the turf established and the fields ready for play, the cost would be roughly $70,000. Younger children could possibly play on the fields in the Fall because they will not wear and tear the fields like larger children. If the project starts soon, the fields will be ready by next Spring. The School property was purchased with school bond revenues. The regular two-page lease agreement, like the ones used for the other eight school facilities, was sent to the Schools for approval several weeks ago. Meanwhile, the School Board has decided to update and expand the lease to be used as a prototype for all future lease agreements. Vice-Chairman Greer informed the other Commissioners that several years ago, the School Board requested the Commissioners to purchase the land for Eaton Elementary School. At the time, the Commissioners decided to buy the whole tract in order to have two schools on the site. However, he has heard that the School Board claims the remaining property is too small for a middle school. Since the property is near Ogden Park, the County could easily maintain the extra soccer fields. He suggested that the project could be paid partly from this year’s contingency and next year’s budget. He expressed appreciation to the CFSA for the tremendous effort in working with the youth and he NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 161 recommended that the County show support for the organization by providing the needed soccer fields. In reference to the availability of the fields at the Hoggard complex, Vice-Chairman Greer expressed concern that the School Board had assured the Commissioners that the CFSA would not lose the use of the fields because of the new school programs. Mr. Hicks responded that the soccer program will lose some use of the fields during the construction phase. Mr. Eddie Anderson, of Sharpe Architect, is aware of the CFSA’s concerns. The initial plans showed a reduction in the number of fields; however, the CFSA has been assured that plans will be re-drawn. Director Lewis reported that a loss of one field will occur on Forty-first Street, which is the field where the football teams practice. Eventually, football practices will be held on the soccer fields. The number of fields will not change, but the availability of the fields to the soccer program will be more limited as the other school sport programs expand. County Manager O’Neal stated that he will discuss the issue with Dr. Morris and Chairman Higgins on March 23, 1999. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to approve spending up to $70,000 to provide four soccer fields at Eaton Elementary School, contingent upon approval of the lease agreement by the New Hanover County Board of Education. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager O’Neal reported $170,000 remain in the unappropriated fund balance of the general fund. A Budget Amendment will be submitted for approval at the next meeting. BREAK: Chairman Caster called a break from 10:35 a.m. to 10:55 a.m. CONSOLIDATION FORUM Mr. Mark Lanier, Vice Chancellor of University of North Carolina at Wilmington, invited the Commissioners to attend the Forum on Consolidation, on April 1, 1999, at 9:00 a.m. in the Warwick Center at the UNCW Campus. One of the speakers will be Dan Durning, from the Vinson Institute of Government, University of Georgia, who will discuss experiences of consolidating services as well as governments. Another speaker will be Warren Jake Wicker, Institute of Government at Chapel Hill, who will talk about consolidation efforts in North Carolina, specifically New Hanover County. William H. Carstarphen, former city manager of Greensboro and consultant in the consolidation of Augusta and Richmond County, Georgia, will speak on the “Nuts and Bolts of Consolidation: Transitional Issues.” Mr. Lanier stated that the University is not advocating a position for or against consolidation, but serving as a facility for discussion of the issues since it is an important issue facing the region. Chairman Caster expressed appreciation to the University for having the forum and for the use of the Golden Hawk Room for the Commissioners’ Board meetings while the Courthouse was being renovated. CONSIDERATION OF RESOLUTION IN SUPPORT OF PLACING ALL PROGRAMS TRADITIONALLY IN THE DIVISION OF ENVIRONMENTAL HEALTH UNDER THE ORGANIZATION OF DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Director David Rice, spoke in support of keeping environmental health programs under the State’s Department of Health and Human Services. In 1997, a reorganization at the State level took the health component out of the Department of Environment, Health and Natural Resources and placed it under the Department of Health and Human Services. However, some of the environmental health programs remain under the Department of the Environment and Natural Resource and some under the Department of Health and Human Services. The resolution supports bringing all the health components under the same department as the local health departments. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 162 Board of Health felt that the Health Department should report to one State department and it should be the Department of Health and Human Services rather than the Department of Environment and Natural Resources. Director Rice reported the proposed resolution is supported by forty Boards of Health and twenty-four Boards of County Commissioners, N. C. Association of Local Health Directors, N. C. Association of Boards of Health, N. C. Department of Environmental Health Supervisors, NCACC and League of Municipalities. The N. C. Public Health Association has supported the concept. On March 3, 1999, the New Hanover County Board of Health adopted the proposed resolution requesting that all aspects of Environmental Health be under the organizational structure of the Department of Health and Human Services in order to continue to provide the most effective regulatory program for the protection of the public health and preservation of the environment. In 1997, a similar resolution was supported by the Commissioners. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution in support of all aspects of Environmental Health being placed under the organizational structure of the Department of Health and Human Services to provide the most effective regulatory programs for the protection of the public health and preservation of the environment. 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 XXV, Page 8. CONSIDERATION OF REVIEW OF EXPANSION OPTIONS FOR COUNTY ADMINISTRATIVE OFFICES County Manager O’Neal stated the Commissioners recently received an update on the comprehensive office space study which addressed the space needs for County government. The expansion of the administrative offices of the County was to begin by demolishing the building at Fifth and Chestnut Streets (Administration Annex) and the small building at Fourth and Chestnut Streets (Human Relations Commission). Staff had advertised for qualifications for an architect to design a building or buildings for County Administrative Services. Commissioner Howell serves on the Selection Committee. When the architects presented their qualifications, the committee selected Sharpe Architecture. Both Sharpe Architecture and Synthesis Architects presentations were similar as both said the County may need to rethink the project and consider a single building that would provide most of the County’s administrative needs that are currently housed in the County Administration Building and the Annex Building. The County Commissioners may want to reconsider the interview process because of rethinking the project. The recommendation from the Selection Committee was to contract with Sharpe Architecture, in the amount of $62,000, to review and determine the most feasible way to meet the County’s space needs. A more comprehensive strategy may be developed if the County considers another location or building concept. Commissioner Howell commented that the Selection Committee came to a consensus of considering a one-building concept or a new location because of having to move people around after demolishing the building. Project Engineer Gregg Thompson stated the Commissioners may need to consider other expansion projects that are occurring. Parking needs of the Judicial Building Expansion will need to be addressed. There were several situations that have recently developed that he was unaware of before submitting the Request for Qualification process. County Manager O’Neal stated the best approach may be to have the Architectural Review Committee interview the architects again. He recommended the Commissioners table the item until the Architectural Selection Committee considers the other building projects. Mrs. Mary Hatcher, Chairman of the Library Advisory Board, requested the Commissioners to consider the future growth of the downtown branch library before making their decision about using part of the library building for the administrative offices. In 1989, approximately 271,000 uses were made by the public at the main library branch. In 1998, there were 596,000. Increase in usage NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 163 is expected to continue and is estimated to be 700,000 to 750,000 in less than five years. People use the downtown branch library because of the excellent service and convenient free parking. The audio visual room, local history room, and the computer area are at capacity. In less than five years, there will not be enough shelf space for all of the books. The library can meet future demands for services by expanding to the third floor of the library building. If the County does not plan ahead, the library will be unable to adequately serve the public.The Library Advisory Board is offering to help the Commissioners plan for the anticipated growth of the library during the next three to five years. County Manager O’Neal explained that discussions have occurred on constructing a new building where the library parking is located. The third floor of the library is largely used for storage because it was not designed to sustain heavy loads or book stacks as the main level and the second floor of the library were designed to do. With this in mind, the County is considering converting the third floor to administrative space. The North Carolina Collection Room and meeting rooms could be housed on the third floor, which could free space on the second floor for books and stack space. Also, if enough room is available, another county office could use the space on the third floor. If a new building is constructed on the library parking lot, a parking deck could be incorporated into the new structure so that free public parking would be available for the library. He understood the concern of the Library Advisory Board and he stated it will be considered in the process of finding the best location for the administrative offices. He reminded the Commissioners that the County owns the entire block except for a small parking lot area at the corner of Second and Grace Streets, which is owned or leased by McGladrey and Pullen. The building that houses the nursing program for Cape Fear Community College will soon be vacant. The County had planned to use the space for the Emergency Operation Center. In the space of the existing building and the library staff parking, a new building with a parking deck could be constructed which could be connected to the third floor of the library building. It may be more cost-wise for the County to use property that the County owns instead of having to buy more land. He felt the Library Advisory Board’s concerns could be addressed. Library Director David Paynter stressed the importance of a library having adequate parking. He reported that the main library branch is as busy as the main library in Charlotte, which is a larger facility. One of the reasons is because of available parking for the public. The County’s main library is the same size as Buncombe County Library, but is 40% busier because of having available free parking. If adequate, accessible and free parking is not available at a public library, patronage will not grow. Commissioner Davis asked if the basement space was available for expansion of the library. Director Paynter responded the basement space is used as storage space for other County Departments, such as museum artifacts, voting machines, gift books, and old County records. The basement was originally designed for library expansion. Based on the architects correspondence, the third floor was not reinforced to hold book stacks because of the extra expense. Whether the floor could be reinforced at a later time is not known. Vice -Chairman Greer commented that if a new building is going to be constructed, it should be constructed with enough space as to not impose on the library. Commissioner Howell replied that the Committee considered connecting the buildings because the space was not being used. Since the library plans on using the space, the Selection Committee will need to reconsider the building plans. Director Paynter stated that when the library building was renovated in 1978, it was designed for 20 years of growth. The collection space will be full in just a few more years. He expressed concern that the space study did not include the library’s specific needs and he asked that those needs be considered for any potential use of the space. Vice-Chairman Greer asked if a parking deck would address the library’s concern of available free parking. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 164 Director Paynter responded that there was some concern about a parking deck hindering book deliveries by large tractor trailer trucks. Another concern would be to ensure a safe environment for the elderly and children who visit the library at night. The Library Advisory Board was mostly concerned with the design function of the space. Chairman Caster asked that apologies be given to Sharpe Architecture for the delay and stated the Commissioners will need to reconsider other options for the County administrative offices. Consensus: The Commissioners tabled the item until the Architectural Selection Committee has considered other options for the County administrative offices. APPROVAL TO HIRE ADDITIONAL E-911 DISPATCHERS AND RELATED BUDGET AMENDMENT #99-0124 New Hanover County Sheriff Joseph McQueen, reported that the E-911 Department is understaffed and is unable to handle the large number of emergency calls coming in on the 911 communication system. Staff members are working their scheduled off days, lunch periods, and breaks. The 911 communication system is being flooded with calls because of the growth in the county. One automobile accident can generate at least 35 to 40 calls, most of which are cellular phone calls. He recommended that the overtime dollars be redirected toward hiring additional E-911 dispatchers. This approach will provide adequate coverage for all four shifts, allow training to be scheduled as required by statute and insure that existing dispatchers can have their days off as scheduled. Communicators in the State of North Carolina are required to have one year training before they can be certified. Sheriff McQueen explained that $283,161 was budgeted for overtime expenses. With the money that is spent for overtime, ten additional employees could be hired. Some money for overtime pay will need to be set aside in case of emergency or disaster. Hiring additional people will eliminate about 90% of the overtime pay. He expressed appreciation for the assistance from the Information Technology Director, Bill Clontz, who has reviewed the operation of the E-911 Center and has suggested other technical solutions. Chairman Caster asked when the County will begin to collect the surcharge from cellular phones and if the money could be used for personnel cost. Sheriff McQueen replied that the County must request the money from the State. The County can receive 60% of the 80 cents collected from cellular phones. The money must be spent on equipment and not personnel; however, the Department plans to upgrade the communication system soon. Budget Director Cam Griffin responded that the County does not budget all the money collected from the surcharge for the operation of the E-911 Center. The budget will be reviewed to find eligible charges to cover an additional $39,000 of the expenses to fund the additional dispatchers. Motion: Vice Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to approve hiring twelve additional dispatchers for the 911 Center and to approve the associated Budget Amendment. Upon vote, MOTION CARRIED UNANIMOUSLY. Budget Amendment #99-0124 - Sheriff/Administration Debit Credit Emergency Telephone system Fund: Sheriff/Administration: 911-Surcharge$39,157 Transfer to General fund$39,157 General Fund: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 165 Sheriff’s Department/Administration: Transfer in/Emergency Telephone system Fund$39,157 Sheriff’s Department/911 Center: Salary and Wages$26,463 FICA$ 2,074 Medical Insurance$10,620 Purpose: To budget the net cost of 12 additional dispatcher positions for the 911 Center (3 per shift) for the remainder of FY98-99. The annual cost of 12 additional dispatcher positions will be $339,396; however, the reduction in overtime and temporary salaries will reduce the impact on the budget. CONSIDERATION OF ESTABLISHMENT OF TIDAL CREEK WATERSHED MANAGEMENT ADVISORY BOARD Planning Director Dexter Hayes stated that as a requirement of receiving the $6 million grant from the Clean Water Management Fund, the County agreed to establish a Tidal Creek Watershed Management Advisory Board. The purpose of the Advisory Board will be to review and propose water quality enhancement strategies and projects as outlined in the grant for the remaining $4 million over the next five years. Projects may include conservation easement and riparian buffer acquisitions, wet detention ponds, stream bank stabilization, public education and others. The Advisory Board will determine priorities for implementation based upon the specific objectives and defined needs of each watershed as provided by on-going research and monitoring by UNCW and make recommendations to the Commissioners and the Clean Water Management Trust Fund. Director Hayes stated that segments of the community with expertise in water quality problems and water quality projects might be beneficial in recommending the projects to the Commissioners. He recommended the Commissioners make the following appointments to the Advisory Board in the listed categories: New Hanover County CommissionersBill Caster Wilmington City CouncilPending UNCW RepresentativeMike Mallin Real Estate RepresentativeCarlton Fisher Environmental RepresentativeTracy Skrabal Industry/Wastewater Quality RepresentativeDon Cooke Marine Fisheries RepresentativeJoe Clem Clean Water Management TrustChuck Wakild Coastal & Oceanographic EngineeringSpencer Rogers At-Large - Community WatershedsJohn Jefferies Director Hayes commented that Mr. Mallin has worked on the County’s Clean Water Tidal Creek Estuarine Creek Studies of the past 4 to 5 years. Mr. Wakild is the local representative of the Clean Water Management Trust, which will facilitate the projects that are brought forward to the Commissioners and the Trust Funds. The City Council representative was included as requested by Mayor Hicks since a lot of the creeks are within the City’s jurisdiction. Howe and Bradley Creeks will be the primary focus for the first two years of the project. He explained that the Commissioners can change the composition of the advisory board in any way. The Advisory Board will only extend through the life of the grant project and is not required to be an on-going standing board unless the Commissioners or the City want to continue with the projects after the grant obligations have been satisfied. Chairman Caster asked the Commissioners if they wanted to use the normal procedure in appointing to the Advisory Board. Vice-Chairman Greer noted that only one member was suggested at-large while the remaining members were environmental professionals. Director Hayes explained that Carlton Fisher is a representative from the Real Estate business. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 166 Don Cooke is an employee of CP&L. Spencer Rogers is a consulting engineer, and John Jefferies is an architect who has been active in the Steering Plan Committee, as well as the Futch Creek Study. He noted that the grant is underway and as soon as projects can be identified and approved by the Commissioners and the Trust Fund, the County can proceed with additional acquisitions for the upland water quality enhancement projects. Commissioner Howell asked for clarification on the duties of the Advisory Board in order to have a better insight on who should be appointed. Director Hayes responded the members will make recommendations to the Commissioners on projects that will be submitted to the Trust Fund for approval. They will give suggestions on projects, such as the upper reaches of Bradley Creek, which will require construction of an upland retention area. Acquisition of properties and easements along the upper areas of Bradley Creek will involve several property owners. Engineering alternatives and design proposals will be discussed to determine the best way to address water quality in the creeks. The members should have some expertise in knowing whether to build an upland base or provide a 200-foot easement along some of the properties. The Trust Fund representatives felt the list of people was a good representation of the type of categories that would know about water quality projects and have some expertise in water quality enhancement projects. Property owners were excluded from the list because the Advisory Board may be involved in negotiating with the owners for acquisitions of rights-of-way. The real estate representative could represent that segment of the community to avoid any conflict of interest. Commissioner Birzenieks commented that the list of individuals were certainly well intentioned and well qualified. However, he felt the County’s established process for making appointments to boards should be followed. He asked that the vacancies be advertised and the applications to be received and reviewed in the normal manner when establishing a board. He requested that the recommended individuals be encouraged to apply. Appointments should be made in 30 days. Vice-Chairman Greer commented that it is always helpful to review the applications and make the appointments based on the best applicants that represent all segments of the community. Sometimes applications are not received for a specific category. He suggested to advertise for applicants to the new board and to appoint a balanced board from the applications. Chairman Caster stated that a member of City Council and a County Commissioner will serve on the Board, but the advertisement will ask for eight additional members to make a ten member board. The suggested list of categories can be used as a model to make the appointments. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to use the normal procedure in appointing members to new boards by advertising and requesting applications for the Tidal Creek Watershed Management Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF SCHEDULING A MEETING OF THE BOARD OF EQUALIZATION AND REVIEW Tax Administrator Robert Glasgow reported the Commissioners need to designate a date to convene as the Board of Equalization and Review. N. C. G. S. 105-322 states that the Board must meet no earlier than the first Monday in April and no later than the first Monday in May. He recommended the Board meet on May 3, 1999, which gives sufficient time for the taxpayers to submit their appeals to the Tax Department. At that time, the Board will meet to give taxpayers a final opportunity to submit their appeals. Also, at that meeting, the Board will schedule dates to hear the appeals. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer, to schedule a meeting of the Board of Equalization and Review on May 3, 1999 at 6:30 p.m. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF PROPOSAL TO RESTRUCTURE THE MEMBERSHIP OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 167 PLANNING BOARD County Manager O’Neal reported that the Commissioners requested staff to recommend a list of categories for the Board to consider in restructuring the Planning Board. Currently, the Planning Board is made up of a banker, two contractors, a real estate professional, an engineer, an appraiser, and an at-large representative. It is suggested that a category may have several types of applicants and include a variety of people. An architect could include a landscape architect, a land planner, or a design professional. A banker could include a financial broker, mortgage lender, or an appraiser. Commissioner Howell expressed concern about needing more flexibility. When advertising for applications, specific categories do not get filled. The Commissioners may not want to appoint the one individual who applied for a certain category. He felt there would be problems in getting qualified applicants to fill these positions. Vice-Chairman Greer commented on the need to get different professionals and individuals from different parts of the County to be represented on the board. However, once specific categories are designated, then it becomes a burden to get the specific individual appointed. Commissioner Davis commented that some people may not apply because there is no specific area by which people are picked. A banker may think he might have an opportunity if there is a banker category. Commissioner Birzenieks commented that the categories need to be broad enough to give some flexibility. It is essential that the Planning Board has a balanced perspective. He felt the categories could be used as a general guideline for the Commissioners to use. Commissioner Howell felt that designated categories would not work on this board because it is difficult to get qualified people to apply in specific categories. Chairman Caster commented that the Planning Board should not be enlarged to include other categories. He felt it would be best to pick the best qualified applicants no matter if they were from the same category or not. County Manager O’Neal recommended that staff should come back with a guideline that allows the Commissioners some flexibility to appoint as they desire in the categories. Commissioner Birzenieks noted that the categories could be an ideal and something for the Commissioners to consider, but not something that will necessarily be achieved at any time. Consensus: The Commissioners requested Staff to propose some guidelines that can be used in making appointments to the Planning Board that offer some flexibility yet some direction in the composition of the Planning Board. PRESENTATION OF AN UPDATE ON THE NORTHEAST BRANCH LIBRARY PROJECT BY THE NORTHEAST LIBRARY ACTION COMMITTEE AND SMITH GAGE ARCHITECTS Robert Mayo, Chairman of the Northeast Library Action Committee, spoke on the importance of moving forward more quickly in developing the Northeast Library project and completing the project by February 2000. The design work is completed and the construction bid package is ready for release. Hopefully, the award of a construction contract will be in June. It will be necessary to complete and award the interior design contract should any changes in the construction contract be needed. A lease agreement with UNCW needs to be completed so that their specific requirements can be incorporated into the construction package. Furthermore, the lease agreement for the Plaza East Branch Library will expire January 1, 2000. Hopefully, the lease can be extended on a month to month basis if necessary. He felt that it will be important not to interrupt the service for this part of the County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 168 Mr. Mayo stated that the fund raising campaign began over a year ago and there are some people who made donations that have expressed concern about when the project will be completed. He was concerned that these people may want their money back if they do not see progress. The Library has applied for several grants worth several thousands of dollars. Another concern is that deterioration will occur while the building is vacant and the cost to complete the renovation will increase. He reported that the Action Committee has raised $525,000, which includes the recent boat show. Several more events will occur during the next two or three months that should raise the total to $600,000. However, fund raising will continue until the $1 million goal is reached. The construction phase will give impetus for people to participate in the fund raising. The Library Advisory Board has agreed with the plans and the priorities of the project. He asked the Commissioners to give priority to the project and approve the plans to proceed. Chairman Caster asked if the lease agreement for the Plaza East Library Branch could be extended. Library Director David Paynter responded that the owner of the rental space would not agree to renew the lease on a month to month basis. Nevertheless, if the space is not leased to anyone, the owner may allow the library to rent on a monthly basis. Commissioner Birzenieks agreed that it was important to proceed more rapidly with the project in order to achieve the fund raising goal. Chairman Caster requested the status of the County property on Military Cutoff Road since the Commissioners recently rejected the selling price of the auction. County Manager O’Neal responded that the Commissioners will need to decide whether to proceed with another auction or the upset bid process. There has been additional interest expressed in purchasing the property on Military Cutoff Road and the County Attorney will advise on how to proceed. County Attorney Wanda Copley advised that the Board can try another auction or hold the property for a while to see if the value will rise. An auction allows a quicker process by not having to wait ten days for an upset bid. Since the desired price was not reached, the Commissioners will need to decide on how to proceed in selling the property. Commissioner Howell asked the status of the budget for the project. Assistant County Manager Patricia Melvin responded that several issues will affect the lease agreement for the space that will be leased to UNCW. No money has been budgeted for construction and up-fitting of the rental space or the assembly space area. Money has been budgeted for the renovation of the library space. Mr. Bill Gage, of Smith Gage Architects, spoke on the anticipated cost of the renovations of the building. The cost is estimated at $1.1 million to $1.2 million. Miller Building has provided the estimated construction cost figures, pro bono. Currently, the plan calls for an attractive atrium and sky light that may cost $60,000. New HVAC systems, electrical panels, ceilings, carpet, and furnishings have been incorporated into the design. The 2,800 square foot community room will cost between $200,000 and $350,000 depending on how elaborate the design will be. For the area to be leased to UNCW, he recommended to provide the basic infrastructure and charge UNCW an additional $20.00 per square foot to up-fit the area, which is the typical commercial real estate approach. This will allow the County to finalize a lease agreement with UNCW without knowing the final cost. The conference room area and UNCW’s rental space is a total of 10,000 to 11,000 square feet. The basic infrastructure will cost approximately $600,000, which can be amortized in the lease agreement. He explained that some of the expenses can be shared, such as the gang toilets which will be NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 169 accessible from the conference room. The lease with UNCW will include the use of the conference room area, lobby area, and gang toilets. The percentage of the shared areas will be specified in the lease. Deputy County Manager Atkinson stated that he was working on the UNCW lease agreement. Commercial A space is leasing at $12 to $14 per square foot. It is hoped that the rental rate in the lease will be between $10 and $16, depending on the negotiation of the amount of space. At $10 per square foot, the lease will be $71,000 a year. He stated that UNCW would rather pay rent for the actual times they use the large meeting room instead of the monthly rental. Staff has suggested that UNCW be responsible for scheduling the use of the room so that additional County employees will not need to be hired. An established lease rate will be charged for the university to use the space. He felt that it was doubtful that State Purchasing will agree to pay $16.00 per square foot for leasing the area. He stated that financing of the project will be $1 million from the fund raising, $500,000 from the sale of the vacant property on Military Cutoff Road, and the remaining amount from COPS financing. Mr. Greg Thompson, Chief Project Engineer, stated the original construction budget for the building renovation was $900,000, including the architectural fees. An additional $400,000 is needed for the final design including an atrium, skylight and windows. Commissioner Howell asked what kind of changes will be made to the exterior of the building. Mr. Gage responded that additional lighting and signage are proposed. Miscellaneous repairs need to be made on the soffits, stucco system, and brick work. Extra windows will be installed on the east side of the building. Mr. Mayo responded that the original budget of $900,000 was just for the library portion. The $1.1 million does include some of the expenses for the overall building, such as the exterior of the building, ceilings, and some changes to the electrical and air condition components. The extra costs cover the expense of making the building a multi-purpose facility. Mr. Gage stated that in the beginning of the design process, the plan was to salvage and reuse the HVAC system. Sometimes mechanical units of a grocery store can be converted to other uses successfully. However, in discussions with engineer David Sims, it was decided that the converted HVAC system may not control the humidity effectively. The change increased the cost by $150,000. Adding exterior windows will include removing masonry in five locations and installing lentils which will be costly, but more ideal for a library. The skylight will add more lighting, present a strategic point in the middle of the building, and provide a fine architectural feature to make a warm and friendly space. He recommended the upgrades of the design plan. He explained that other extra costs will include changing the electrical panels, modifying the sprinkler system, and replacing front doors that will open with or without electrical power. Generally, the building is in excellent shape. The roof is new and drains properly. Although the cost may be more than originally proposed, the changes will greatly enhance the facility. Mrs. Jane Freeman, Northeast Library Action Committee, Fund Raising Chairman, spoke of the efforts of the Committee that have raised over $500,000 from the general public for a facility that will belong to the County. The enhanced facility should be one that the community will be proud to have. The people who have contributed the money want to have a nice library to use. She urged the Commissioners to move forward in the collaborative effort that will benefit the County. County Manager O’Neal recommended the Board approve the following aspects of the project: •Proceed with the construction phase of the project once it is approved by the Department of Insurance NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 170 •Proceed with hiring an interior design consultant •Approve lease agreement with UNCW once it is approved by the State Office of Purchase and Contracts •Proceed with negotiating a lease on coffee kiosk •Review financing options for the assembly space since recovery of expenditures will not be immediate but over a period of years •Proceed with sale of the County property on Military Cutoff Road Vice-Chairman Greer commented on the need to proceed with the library portion before the costs increase more than the $1.2 million. But he felt the County may want to investigate other uses for the portion of the rental area if the State is not interested in paying an appropriate rental fee. The County may have a better use for the space since there are many needs within the County. He agreed that the library should be a very nice facility and to proceed as recommended. County Manager O’Neal explained that leasing the property would generate revenue to help recoup some of the costs of the building. Additionally, the County has been approached by a local company that would like to have approximately 500-600 square feet of the interior space to conduct a coffee business. The rental would pay the County $6,000 to $8,000 a year. Other public libraries around the country have been successful in similar ventures. Major book chains selling coffee to their customers have found it to be a harmonious relationship. In discussion of the procedure to sell the County property, County Attorney Copley reiterated that the Commissioners could proceed with another auction or accept sealed bids. However, the auction is a quicker process because it does not require the upset bid process. The upset bid process requires a two week waiting period in order to receive another offer. Chairman Caster commented that if waiting a year would mean getting more money, then the County should wait. But if the price will be around $400,000, then the County should proceed now. Commissioner Birzenieks felt the Board needed to proceed with approving the library portion of the project and to proceed with an auction for the property as soon as practical. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to proceed with the construction phase of the project, as recommended by staff, to hire the interior design consultant, negotiate lease agreements with UNCW and a coffee business, and conduct an auction to sell the County property on Military Cutoff Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. In further discussion, Chairman Caster suggested that the County may want to consider other options for another library branch instead of the NorthChase property. Possibilities for the site include Trask-Laney School property or Cape Fear Community College’s satellite campus. Director Paynter noted that the Trask-Laney property may not be far enough north to consider and that Cape Fear Community College is unsure of the siting of the facility on the property. CONSIDERATION OF AMENDMENT TO THE WATER AND SEWER ORDINANCES, SECTION 15-7, (B) (4) DEVELOPMENT FEES County Engineer, Wyatt Blanchard, spoke of some businesses paying less water development fees than home owners when connecting to the County’s water supply system. He suggested establishing a minimum fee of $400.00 for the elevated storage component and $320.00 for the transportation component for commercial or industrial units. The development fee for residential permits is $720.00. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to amend the New Hanover County Code of Ordinances by setting the minimum development fees for commercial and industrial customers connecting to the County’s water supply system. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 171 A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 8. The ordinance will be codified into the New Hanover County Code of Ordinances. ADDITIONAL ITEMS Consideration of Appointments to the Southeastern Center Area Board Commissioner Davis requested ratification of the reappointments of Rev. James Gray and Dr. Charles Vernon as members of the Southeastern Center Area Board. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to ratify the reappointments of Rev. Gray and Dr. Vernon to the Southeastern Center Area Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Consideration of Award of Contracts to Post, Buckley, Schuh, and Jerrnigan and Ground Improvement Techniques for the County Landfill Vice Chairman Greer expressed concern that the County was continuously bound in contracting with Post, Buckley, Schuh and Jerrnigan. He felt the County should have work performed by other engineering firms to ensure that the County was getting the best technology available for the money. Environmental Director Ray Church reminded the Board that a resolution was adopted to allow the current consulting engineer to complete the footprint of the cell so that the County would know which firm designed and performed the work in case of future problems. The State’s Solid Waste Management Rules require certification from a licensed engineer that the landfill was constructed in accordance with the specifications of the Department of Environment and Natural Resources. A twenty-two week inspection must be completed to assure that the liners were placed properly and that the documentation is complete. The scope of services includes certification of the Construction Quality Assurance Plan from the pre-construction meeting to the final report. Vice-Chairman Greer commented on the State’s requirement of having the County pay for a certification of the work that is performed by a licensed engineer. Commissioner Birzenieks requested sending a copy of the bill to Congressman Mike McIntyre so that he will understand some of the problems local governments face because of state and federal regulations. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to award Contract #98-0308 to Post, Buckley, Schuh and Jerrnigan to provide liner construction quality assurance services for Cell 5 at the County Landfill, in the amount of $183,003.00. Upon vote, the MOTION CARRIED UNANIMOUSLY. Director Church stated that more trash has been collected and put into the landfill than was anticipated. Another cell will need to be opened within the next few months. A bid opening for the construction of the 11 acre cell #5 at the landfill was held on March 16, 1999. Ground Improvement Techniques was the lowest bidder in the amount of $1,965,280. He requested the Commissioner to adopt the resolution awarding the bid and to approve the budget amendments transferring $633,014 from the Special Obligation Bonds and $1,332,266 from the Environmental Management Fund Balance. He reported that $4,700,000 remain in the fund balance and that $1.5 million will be used to upgrade the air pollution control equipment at WASTEC. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to award Contract #99-0293 to Ground Improvement Techniques, Inc. for the construction of an eleven-acre cell as part of Cell #5 at the County Landfill and to approve the associated budget amendments. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Commissioners approved the following budget amendments: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 172 #99-32 - Environmental Management Fund/Landfill Operations Solid Waste Capital Project Debit Credit Environmental Management Fund/Landfill Operations Appropriated Fund Balance $1,332,266 Transfer to Solid Waste Capital Project $1,332,266 Debit Credit Solid Waste Capital Project Operating Transfer In (From Fund 700) $1,332,266 Capital Project Expense $1,332,266 Purpose: To transfer funds from the Environmental Management Fund/Fund Balance to the Solid Waste Capital Project for construction of the eleven acre Cell #5 at the Landfill. #99-36 - Solid Waste Construction Fund Debit Credit Solid Waste Construction Fund Interest Earned $393,235 Capital Project Expense $393,235 Purpose: To budget interest earned on the bonds. Approval to Fund the Maritime Day Celebration County Manager O’Neal requested approval of an allocation of $1,500 for the County to participate in the Port of Wilmington Maritime Day Celebration on May 15, 1999. The City of Wilmington will donate the use of three buses for public transportation. Consideration of funding for future celebrations will be included in budget process. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to approve funding of $1,500 to the Maritime Day Celebration and to approve the associated Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. #99-128 - Non-Departmental/Contingencies/Outside Agencies/Economic and Physical Development DebitCredit Non-Departmental: Contingencies $1,500 Outside Agencies: $1,500 Economic & Physical Development Maritime Day Celebration Purpose: To budget contribution to the Maritime Day Celebration Discussion of Dedicatory Plaque for Airlie Gardens County Manager O’Neal requested the Commissioners to review and approve the proposed dedicatory plaque for Airlie Gardens. The gardens will be dedicated on April 16, 1999, and opened to the public on April 17 - 18, 1999. Consensus: The Commissioners accepted the wording of the plaque as presented. Scheduled Meetings and Work Sessions Chairman Caster announced that the April 1, 1999 Staff Meeting was canceled to allow the Commissioners to attend UNCW’s Forum on Consolidation. The Forum will be held at the Warwick Center Ballroom at 9:00 a.m. Chairman Caster reminded the Commissioners of the Chamber of Commerce events with the Legislators in Raleigh on April 14-15, 1999. A dinner is scheduled for the local delegation on April 14, 1999 and a breakfast meeting for all the Legislators on April 15, 1999. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, MARCH 22, 1999 PAGE 173 Furthermore, the Board agreed to schedule the following Work Sessions: Work Session to hear proposals on a Comprehensive Drainage Plan April 29, 1999, following Thursday morning staff meeting Room 501, County Administration Building 320 Chestnut Street, Wilmington, N. C. Work Session on Aqua Sources’ proposal to purchase the County’s Water Systems May 13, 1999, following Thursday morning staff meeting Room 501, County Administration Building 320 Chestnut Street, Wilmington, N. C. Discussion of Contribution to NACo Annual Conference Chairman Caster reported the North Carolina Association of County Commissioners is requesting a contribution to support the NACo Annual Conference in July 2000. The conference will be held in Charlotte, N. C. and it is hoped that all one hundred counties will participate in the conference. County Manager O’Neal stated the funding will be received from the counties, with each county deciding how to raise their funds and the amount of their contribution. Discussion of Jack White’s Legal Suit Chairman Caster asked if Jack White’s legal suit had been received by the County. County Attorney Copley responded that the Legal Department had received the suit documents and will respond. Commissioner Birzenieks commented on Mr. White making derogatory remarks about elected officials while speaking on a radio program. Although he respected Mr. White’s right and interest in speaking on public issues, he felt it was inappropriate to make personal remarks about an individual’s anatomy. If Mr. White continues to make derogatory comments about elected officials, legal suit should be brought against him. Discussion of Joint Meetings with the Town Councils of the Beach Communities Commissioner Birzenieks reported the Town Council of Carolina Beach has invited the Commissioners to meet with the council members at their meeting place sometime soon. He requested the County Manager to arrange separate joint meetings with each of the Town Councils of Carolina Beach, Kure Beach, and Wrightsville Beach. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 1:10 p.m. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the Board