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1999-04-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 190 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 19, 1999, at 9:00 a.m. in the Golden Hawk Room in the Nixon Annex located next to Trask Coliseum on the UNCW Campus, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William a. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew J. Atkinson, gave the invocation. Commissioner Howell led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time has been reserved to allow anyone from the public to present an item that was not listed on the Regular Agenda or comment on an item that was listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. Chairman Caster reported the following items have been rescheduled as requested by the petitioners: Regular Agenda Item 4: Presentation of Publication by the Baha’i Regular Agenda Item 6: Consideration of an Appeal to the Personal Property Tax Assessment for ESCO Marine, Inc. Chairman Caster also informed the public that Consent Agenda Item 7 was listed on both agendas. He noted that this item would be heard as Item 18 on the Regular Agenda. APPROVAL OF CONSENT AGENDA Commissioner Birzenieks requested removal of Consent Agenda Item 2, Award of Bid #99 to Diamond Food Enterprises, Inc. to provide nutrition services for the Department of Aging. Vice-Chairman Greer requested removal of Consent Agenda Items 1 and 4. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to remove Consent Agenda Items 1, 2, and 4 and to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of Consent Agenda Item 1 Vice-Chairman Greer requested the Clerk to correct the minutes of April 6, 1999 to reflect that Deputy County Manager, Andrew J. Atkinson, was present instead of County Manager O’Neal. Discussion of Consent Agenda Item 4, Consideration of a Resolution to Support the “Healthy Carolinians Goals” in New Hanover County Vice-Chairman Greer advised that the Board of Health adopted a resolution of support for the Healthy Carolinians Goals program without realizing the amount of State funds that will be involved with the proposed initiative. He requested Health Director, David Rice, to comment on this item. Health Director Rice reported the Board of Health’s resolution was based on the 1999 Session of the General Assembly, Senate Bill 624, regarding the allocation of $3.75 million for implementing the Health Carolinians Goals program statewide. Under this legislation, each of the 100 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 191 counties will be allocated $36,000 with the remaining funds being used by the State to provide technical assistance. Vice-Chairman Greer spoke in favor of the program but stated he felt everyone should know that $3.75 million of State funds will be spent to implement the program. He informed the Board that the N. C. Association of County Commissioners was supportive of the legislation. Discussion of Consent Agenda Item 2, Award of Bid to Diamond Food Enterprises, Inc. to Provide Nutrition Services for the Department of Aging Commissioner Birzenieks requested the Board to consider placing this item on the next agenda so discussion can be held on some concerns about the bid. Consensus: It was the consensus of the Board to place Consent Agenda Item 2 on the Regular Agenda for May 3, 1999. Chairman Caster called for a motion on Consent Agenda Items 1 and 4. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve Consent Agenda items 1 and 4. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of March 22, 1999 as presented and the minutes of the Regular Meeting of April 6, 1999 with the correction regarding the absence of the County Manager. Approval of Consolidated Contract Between the North Carolina Department of Health and Human Services and New Hanover County Health Department The Commissioners approved the consolidated contract between the N. C. Department of Health and Human Services and the New Hanover County Health Department to accept funding appropriated to the Health Department in the amount of $2,169,571 ($1,310,608 in state grants; $858,963 in Title XIX , Medicaid reimbursement) for services provided by the Health Department. The Chairman was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Adoption of Resolution to Support the Healthy Carolinians Goals The Commissioners adopted a resolution to urge the local legislative delegation to support funding for the Healthy Carolinians Initiative that began as a pilot program in New Hanover County in the fall of 1992 for promoting better health through lifestyle changes. The Chairman was authorized to sign the resolution. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 10. Acceptance of Tax Collection Reports Through March 31, 1999 The Commissioners accepted the following Tax Collection Reports through March 31, 1999 as submitted by the Collector of Revenue, Patricia J. Raynor: New Hanover County Tax Collection New Hanover Fire Service Tax Collection Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 10. Adoption of Resolution to Convey Jointly Owned City and County Surplus Property to the Wilmington/New Hanover County Community Development Corporation (CDC) The Commissioners adopted a resolution to transfer jointly owned City and County surplus property located at 808 Russell Alley to the Wilmington/New Hanover County Community NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 192 Development Corporation for construction of a single family, owner-occupied residence to be used by low to moderate income citizens contingent upon the passage or a similar resolution of conveyance by the City of Wilmington. The deed for conveyance of the lot shall not be delivered until ten (10) days after notice of the conveyance has been advertised as required by NCGS 160A-267. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 10. Authorization to File a Grant Application with the N. C. Department of Corrections for the Criminal Justice Partnership Program The Commissioners authorized the filing of a grant application in the amount of $155,836 to the N. C. Department of Corrections to receive FY 1999-2000 funding for the Criminal Justice Partnership program. There is no required County match. The Authorizing Agent, Andrew J. Atkinson, was authorized to sign and accept the grant when it is received. Adoption of Resolutions to Request the N. C. Department of Transportation to Add Roads to the State 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 Mendenhall Subdivision (Div. File No. 906-N) Roads in Vineyard Green Subdivision (Div. File No. 921-N) Shandy Lane in Windsor Forest Subdivision (Div. File No. 937-N) Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 10. Approval of Budget Amendment #99-0131 to Establish Special Revenue Fund for the Sheriff’s LLEBG Grant The Commissioners approved the following budget amendment to establish a Special Revenue Fund for the Sheriff’s LLEBG grant. The grant requires the County to separately track the interest. The grant funds will be used to purchase vehicles: Budget Amendment #99-0131 - Sheriff/Sheriff LLEBG Grant DebitCredit Sheriff’s Department Bureau of Justice Grant $83,122 Motor Vehicles $92,358 Transfer to other fund (136) $ 9,236 Sheriff’s LLEBG Grant Fund Bureau of Justice Grant $83,122 Transfer in from General Fund $ 9,236 Motor Vehicles$92,358 Approval of Budget Amendment #99-38 - Sheriff’s Department The Commissioners approved the following budget amendment: DebitCredit Federal Forfeited Property Capital Project Federal Forfeited Property Funds $46,780 Capital Project Expense$46,780 Purpose: To increase the budget for additional revenue received. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 193 PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager O’Neal requested the following persons to step forward to receive retirement plaques: Bunny D. DeBose, Social Services24 years and 3 months Cynthia M. Newton, Health Department15 years and 5 months Chairman Caster, on behalf of the Board, presented retirement plaques to each employee and he expressed appreciation to them for their years of dedicated service to New Hanover County. A round of applause was given to these employees. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Michael W. Smith, Inspections Department5 years of service Elizabeth K. Register, Library5 years of service Mae R. Simmons, Human Resources10 years of service Sandra B. Craig, IT Department10 years of service Cora L. Waddell, Social Services10 years of service Aldyth J. Baker, Tax Department15 years of service Dan E. Summers, Emergency Management15 years of service Joseph L. McCarthy, Sheriff’s Department20 years of service Chairman Caster, on behalf of the Board, presented service awards to each employee and he expressed appreciation to them for their years of service to New Hanover County. A round of applause was given to these employees. RECOGNITION OF NEW EMPLOYEE IN THE HEALTH DEPARTMENT County Manager O’Neal requested Ms. Cindy Hewitt, Health Department Business Officer, to stand and be recognized. Chairman Caster, on behalf of the Board, welcomed Ms. Hewitt to New Hanover County and he wished her well in her new job. DISCUSSION OF EMERGENCY GENERATOR SWITCHES ON SCHOOL SITES After discussion of using school facilities as shelters during hurricanes or other emergency events, Vice-Chairman Greer requested Emergency Management Director, Dan Summers, to report on the status of installing generator switches at the schools. He stated the Board of Health was very concerned about this work being completed before hurricane season. Director Summers reported that no progress had been made. Calls and letters have been sent weekly to check on the status of the project. A grant application has been filed to pay for installing the switches which will involve construction and engineering costs. At the present time, no notification has been received as to when the switches will be installed. Generators are lined up for the hurricane season, but the connecting switches are not in place. One positive fact is that the Board of Education has been most cooperative in seeing that generator transfer switch capability is installed in all new construction. Vice-Chairman Greer requested Director Summers to continue to pursue this project so that switches can be installed before the hurricane season. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 194 ANNUAL REPORT ON THE VETERANS SERVICES Mr. Bob Angeli, New Hanover County Veterans Services Officer, reported that veteran population trends are decreasing across the country. With veterans living longer, there will be a larger demand for hospital and medical services. In New Hanover County, the largest number of veterans are from the Viet Nam era followed by World II, the Korean War, and Persian Gulf War. The total number of office visits last year was 5,402. Most of the services provided were related to compensation and pensions. The Veterans Administration is planning to open a Health Care Clinic in Wilmington. The paperwork is being prepared to go through Congress, but securing funds to open the clinic could become a problem. This clinic will greatly benefit local veterans, and money will be saved since veterans will not be seeing local medical doctors. Also, a Veterans Administration Nursing Home is opening April 20, 1999 in Fayetteville. This facility will also help local veterans. Services for veterans are improving and more veterans are applying for benefits in the local office. There is a need for additional space to accommodate these clients. The radio station next door is in the process of moving out within 90 days, and the Veterans Services Office has budgeted funds to lease an additional 200 square feet to better handle the increased workload. In closing, Mr. Angeli reported there are two bills before the N. C. General Assembly to increase the annual allocation to counties to assist with funding full-time Veterans Services Officers. One bill increases the current $2,000 allotment to $4,000 and the other increased the allotment to $5,000. It is felt that one of the two bills will be enacted by the General Assembly. Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Angeli for the informative report. BREAK Chairman Caster called a break from 9:35 a.m. until 9:50 a.m. CONSIDERATION OF FINANCIAL PLAN PRESENTED BY THE MASON INLET PRESERVATION GROUP (MIPG) Mr. Frank Pinkston, Chairman of MIPG, reported at the February 15, 1999 meeting the Board of County Commissioners adopted the following motion: Request the MIPG to proceed with obtaining approval from the homeowner associations on the Mason Inlet relocation project including payment of a special assessment fee by each property owner. Once this process has been completed, this information should be presented to the Board at a future meeting so consideration can be given to allowing New Hanover County become the lead agency. Mr. Pinkston noted that further discussion of this motion clarified that the Commissioners wanted a resolution from each involved homeowners association. The resolution was to certify that a majority of the members had agreed to a project cost and to pay the special assessment to be levied upon the property owners. The Commissioners also requested the MIPG to try to resolve the land acquisition to avoid the necessity of using the County’s eminent domain authority. Mr. Pinkston said the MIPG is happy to report that positive results have been obtained on the actions requested by the Board of County Commissioners. After reviewing the overall scope of the project, the MIPG has downsized the project to approximately $4.2 million that includes the cost for land acquisition. The net impact of the downsizing is that Figure Eight Island will receive less sand for beach renourishment. Figure Eight Island is agreeable to downsizing the project because they have a current project that will satisfy part of their beach renourishment needs. This reduction in scope will not have an impact on opening the new inlet and back filling the present inlet. A contract for purchasing the 1,000 foot wide corridor has been drafted and is under review by the involved parties and their attorneys. The contract is based on discussions between the property owners’ attorney and the attorney for the Figure Eight Island Homeowners Association with review NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 195 by the County Attorney. The contract is being drafted so the project can be assumed by New Hanover County. The new estimated project cost of $4, 221,387 has been divided between Figure Eight Island and the seven homeowner associations on north Wrightsville Beach. The portion to be paid by Figure Eight Island is $1.4 million based upon the island receiving 254,500 cubic yards of sand to be placed on the Figure Eight Island beach. The remaining $2,821,387 has been allocated to the Wrightsville Beach property owners. The formula was developed using property values and distance from the inlet to allocate a fair share assessment to the homeowners in these associations. In the case of Shell Island Resort and the condominium associations, a gross allocation was given to each association with the respective boards being allowed to disseminate the assessments to individual owners as deemed appropriate. The associations comprised of single-family homes were given assessments for each individual homeowner. A spread sheet showing the specific assessments was included as part of the agenda packet. In order to obtain a majority approval of the homeowners, each association approached each homeowner with a specific dollar assessment value and asked for their approval. This process was conducted over a two-week period. Recognizing that a survey of this complexity could not expect a 100% response in such a short period of time, the MIPG was able to obtain a remarkably high percentage of response. The polling results provided by each association were complied over the weekend and are available to the Board of County Commissioners. The following results of the survey were presented: ? Figure Eight Island has a total membership of 563 property owners. A 67% response rate was received from 380 property owners. Out of the 380 property owners, there were 327 positive approvals to the special assessment with 53 homeowners opposed. This represents an 86% approval rate. ? The Shell Island Resort has a total membership of 169 property owners with a response from 114 property owners representing a 67% response rate with all 114 property owners unanimously approving to pay the special assessment. This represents a 100% approval rate. ? North Shell Island Village is an association of private homes between Shell Island Resort and Wrightsville Dunes. There are 18 property owners in this group with 17 property owners responding for a 94% response rate. All 17 property owners agreed to pay the special assessment which represents a 100% approval rate. ? Wrightsville Dunes has 103 property owners with 75 owners responding for a 73% response rate. Of the 75 property owners, 69 property owners agreed to pay the special assessment which represents a 92% rate of approval. ? West Shell Island Village has 19 homes with 15 property owners contacted. All 15 property owners agreed to pay the Special Assessment representing a 100% approval rate. ? Cordgrass Bay Estates has 4 property owners, with 2 homes constructed and 2 vacant lots. The 4 property owners have agreed to pay the special assessment which represents a 100% approval rate. ? Cordgrass Bay is a condominium association with 60 members of which 45 property owners responded representing a 75% response rate. Forty-four members agreed to pay the special assessment representing a 98% approval rate. ? Duneridge has 108 property owners. The Duneridge Board of Directors voted unanimously to pay their total assessment of $6,126 out of their operating budget. In summary, there are 1,044 homes or property owners that comprise the eight homeowner associations that are members of the MIPG. When you subtract the 108 owners of Duneridge, this leaves 936 owners. Of the 936 total, 650 were contacted or responded to the survey. Of the 650 that NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 196 responded, 590 agreed to pay the special assessment for the inlet relocation project. This represents a 91% approval rate of owners responding and a 63% approval of the MIPG Homeowner membership. It is interesting to note that only 60 owners were opposed to the special assessment which represents only 9%. Of the 60 owners, 53 owners live on Figure Eight Island, which is a special circumstance. Mr. Pinkston reported that an overwhelming response had been received for approval of the project and payment of the special assessment. The MIPG has prepared a plan to solve the inlet migration problem. The cost has been identified, a draft contract has been prepared for the acquisition of the necessary land, and a method has been developed to allocate a fair share assessment to the affected property owners for the entire cost of the project. The MIPG has obtained an overwhelming majority of approval of the homeowners to pay the assessments. The MIPG is now asking the New Hanover County Board of Commissioners to assume responsibility for the execution of the project. The homeowners realize this is a though decision for the Board of County Commissioners because there is public opposition to the County becoming the lead sponsor for the project. It is felt this opposition is based on misconceptions and a lack of knowledge about the details of the project. The MIPG has tried to get the facts out to the public, but it is impossible to convince the public that no tax money will ultimately be used for the project. A workable plan has been prepared to solve the problem, but without the County assuming the lead role, it will not be implemented. The MIPG cannot execute this project alone. The MIPG is willing to provide assistance, but the County must provide the authority and resources behind the project for this plan to be successful. If the Commissioners decide not to accept the sponsorship of the inlet relocation project, the MIPG will have no choice but to drop the project and wait for the inevitable to happen. The County will then have to face the problem of coping with the disastrous results and determine how to pay for cleaning up rubble from destroyed properties and how to protect the public from an unsafe beach. If the Shell Island Resort falls into the ocean, the cost to clean up the beach will have to be paid by someone. A plan will have to be developed and a substantial sum of money will have to be paid. After discussing this matter with the Mayor Roberts of Wrightsville Beach, it is felt that the Town of Wrightsville and New Hanover County will be responsible for this clean-up project. In concluding the presentation, Mr. Pinkston stressed the importance of everyone understanding that time is of essence. The project is already behind schedule. Any further delays will not provide the opportunity to meet the limited window of dredging between November 1999 to March 2000. The sand bags will not hold up beyond another year. The Board was urged to become the sponsor and approve the financial plan presented. Chairman Caster reported that Mayor Roberts had called and informed him that 4 of the 5 Aldermen were supportive of the project. One Alderman could not be reached. Commissioner Davis asked why the Town of Wrightsville Beach could not be the sponsor. Attorney Susan McDaniel advised that the enabling legislation granted eminent domain authority to New Hanover County as well as authority for the County to be the project sponsor and proceed with the various environmental stages in an expedited manner. Commissioner Davis said it was his understanding that the 1,000 foot easement plus contingencies would cost approximately $350,000. Attorney Bill Raney advised that negotiations were still underway; however, the $350,000 plus contingencies should be sufficient to cover the acquisition of the property. Commissioner Davis asked Attorney Raney if an Environmental Impact Statement would be needed for the project. Attorney Raney responded when the project was initially proposed in 1996, it was a joint venture between the Shell Island Resort and Figure Eight Island. An environmental assessment was prepared for review; however, when the owners of the properties were not able to sponsor the project, the process stopped. A large amount of the preliminary work has been done, but significant revisions and additions will have to be made to update the document. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 197 Commissioner Davis asked Attorney Raney how long it would take to complete the environmental assessment. Attorney Raney responded that under normal circumstances it would take three or four months to prepare an permit application; however, with the amount of work already completed, another application could be completed within a month and forwarded to the State regulatory agencies. Commissioner Davis asked what would happen if New Hanover County became the sponsor and was unable to get the necessary permits. He expressed grave concern for the County losing approximately $350,000. Attorney Raney responded there could be some risk involved to the County, but it would be most unusual for the State not to grant the necessary permits. Commissioner Davis commented on the cost of the $4.2 million dredging project and he asked if the County becomes the sponsor, who will be responsible for maintenance of the project. Attorney Raney responded by sponsoring the project the County would not have a legal obligation to provide maintenance of the project. This would be a one time project; however, maintenance will be required. After discussing this matter with property owners on Figure Eight Island, they realize this is an on-going project and understand that sand will be needed in the future to renourish the beach. This is also true for Wrightsville Beach. There is a federal project for renourishing the beach up to the southern end of the Holiday Inn, but beyond this point there are no dredging projects for the northern end of the beach. In the future, sand will be needed to renourish both beaches. Commissioner Davis asked if New Hanover County would be responsible for performing another dredging project. Attorney Raney responded that another permit would have to be issued for a future dredging project. He stated if New Hanover County secures the permit for dredging Mason Inlet, the permit would apply only to this project. After commenting on the amount of work that will be placed on County Staff if the financial plan is adopted, Commissioner Birzenieks requested an explanation of how the special assessment money will be collected and the period of time involved. Mr. Pinkston responded if the County becomes the sponsor, the Board of County Commissioners will have to levy the assessments through the tax collection process. The actual fair share assessment cannot be determined until the project is completed. Commissioner Birzenieks asked why New Hanover County should become involved with collections, assessments, and placing liens on the properties. He suggested having the various homeowner associations to perform the assessments and transfer the money collected to the County as the project progresses. If necessary, arrangements can be made with private financial institutions over a period of time to finance the project. He asked why public money should be used to finance the up-front money for the project. Mr. Pinkston responded that time is a critical factor. It would take the MIPG a considerable amount of time to collect funds for the project. Also, it would be difficult for some homeowners to pay the assessment in a cash outlay. Shell Island Resort property owners have already been heavily assessed in paying for the sand bags to temporarily protect the property. The idea of financing the project has been discussed; however, without the project being completed, there are very few financial institutions that would provide loans to the property owners without more collateral. The time factor and the difficulty of the property owners coming up with the money to pay for the project in advance is the primary problem. Commissioner Birzenieks said this means that MIPG expects New Hanover County to finance NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 198 the project in lieu of a private financial institution. He expressed concern for the government assuming a private responsibility and at the same time setting a precedent for financing other worthwhile projects. Commissioner Birzenieks spoke in support of the dredging project for Mason Inlet, but expressed concern for the financing plan. Mr. Pinkston noted that State Statutes allow New Hanover County to become the sponsor for a project of this type and provide the financing which will be collected at the end of the project when the actual price is determined through special assessments. Commissioner Birzenieks said the question is not whether New Hanover County has the authority to finance the project, but if it is right for the County to assume this responsibility. Attorney McDaniel noted that everyone has a perception of what they think government should do, and she commented on respecting this right. However, there is no authority for each individual homeowner association to impose an assessment on the property. New Hanover County has this authority. This is not a grant or loan. The special assessments will be imposed after the project is completed. The Board of County Commissioners will have to determine the period of time for payment of the assessments as well as the interest to be charged. The County will use the Room Occupancy Tax Fund to finance the project. The property owners and their guests have contributed to this fund through the years. Public funds will be used at the beginning of the project, but the County will be paid back by the private sector. Commissioner Birzenieks expressed concern for the County becoming involved with collections after the project has been completed. The process involves a great deal of time and it will place a heavy burden on the Legal Department. He again asked why the individual homeowner associations could not collect the assessments. Attorney McDaniel responded there is not enough time to allow the individual homeowner association to collect $4.2 to fund the project. Also, the homeowner associations do not authority to force the people to pay in a timely manner. Commissioner Birzenieks said if the vast majority of the homeowners are willing to support the project, they should be willing to respond to the homeowner associations and work with financial institutions to finance the project. Attorney McDaniel responded with the current situation at Mason Inlet, there are not many commercial financial institutions that will lend money for the project. Commissioner Birzenieks said if the County agrees to sponsor the project, it is difficult to believe that financial institutions would object to making the loans. Attorney Daniel said that she could not respond to this question. Commissioner Davis said that New Hanover County is being requested to become a bank and loan money with the expectations of being repaid with interest. If the County sponsors the project and the necessary permits are not issued or a severe hurricane makes landfall, the County will immediately suffer a loss of $350,000 as well as the ability to collect on the liens placed on the properties. Attorney McDaniel responded that if this scenario should happen, the County would sustain a loss. Commissioner Davis asked if the agreement had a clause that would require the homeowners to pay for any loss sustained by the County. Attorney McDaniel responded the homeowner associations have paid to the Room Occupancy Tax Fund well in excess of $4.2 million. Commissioner Davis said he was asking about the future, not the past, and he again NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 199 questioned if there was a provision whereby the homeowner associations would pay back the money lost by the County. Attorney McDaniel responded there is no provision of this type in the agreement at the present time. Commissioner Davis said the homeowner associations are requesting New Hanover County to sponsor the project, assume the responsibilities and headaches that go along with the project, finance the project, and sustain the risks involved in the project while the associations sit back and do nothing. Also, the County has to worry about whether the property owners will pay back the assessments, which involves the foreclosure process. Commissioner Davis said the reasons stated are why he feels the County should receive the money up-front for financing the project. Chairman Caster expressed appreciation to Commissioner Davis and Commissioner Birzenieks for their points of view and stated he felt the Board should make a decision on the request. Vice-Chairman Greer said that MIPG has worked to develop a plan to relocate Mason Inlet to save the northern end of Wrightsville Beach and assist Figure Eight Island with needed sand for beach renourishment. During the past month, the MIPG has conducted a survey to be sure a majority of the property owners are in favor of the dredging project and are willing to pay allocated assessments in order to reimburse the County for the cost of the project. As indicated in Mr. Pinkston’s presentation, a vast majority of the property owners on the northern end of Wrightsville Beach and Figure Eight Island are in favor of the plan. The proposed project will provide environmental benefits to the entire County by opening up Mason Creek and creating a recreational area for the public at Mason Inlet. Vice-Chairman Greer expressed appreciation to Commissioner Davis and Commissioner Birzenieks for pointing out the risks involved and he stated the worse scenario would be a major hurricane destroying all the properties with the County not being able to collect the assessments. However, time is of essence and the County has been presented a financing plan that will allow property owners to preserve their properties with reimbursement to the County through special assessments. Use of the Room Occupancy Tax Fund is an ideal way to finance the project since this fund is set aside for beach renourishment and tourism. He urged the Board to move forward with rendering a decision on the sponsorship and financial plan. Commissioner Howell agreed with Vice-Chairman Greer and he expressed appreciation to Commissioner Birzenieks and Commissioner Davis for their comments. He spoke in favor of the project and he asked if the projected $4.2 million was not sufficient to cover the cost of the project, what would happen. Mr. Pinkston responded the special assessment to each property owner would be increased and the County would still have authority to collect the money. Discussion followed on the terms of the assessment and the amount of interest to be charged. Chairman Caster asked the Finance Director what percentage of interest was earned currently on the Room Occupancy Tax Fund. Finance Director, Bruce Shell, responded 5 ½ percent. County Attorney Copley informed the Board that North Carolina General Statutes allow the County to collect the assessment over a period of 10 years and charge an interest rate up to 8%. Chairman Caster asked if the property owners objecting to the special assessments refuse to pay, what procedure would be used to collect the money. County Attorney Copley replied that foreclosure proceedings would be imposed, and if the property owner refused to pay the assessment, the property would be foreclosed and sold by the County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 200 Commissioner Howell asked how Staff felt about the mechanics of the proposed project and financing plan. County Manager O’Neal responded that MIPG has exhausted every alternative to save the properties on the northern end of Wrightsville Beach. The group has spent a great deal of time and effort to develop a plan that will comply to the dredging time frame. At this point, if this plan is not approved, there will be no hope for the owners to save their properties. County Attorney Copley informed the Board that a considerable amount of Staff time will be involved with implementing the mechanics of the project. Public Hearings will have to be scheduled and held, a tax roll will have to be provided to determine the assessments, the Engineering Department will be involved in the permitting process, and the Legal Department will be responsible for carrying out the process. If the plan is approved, the Legal Department will enlist the assistance of the attorneys, Mr. Kenneth Shanklin, Ms. Susan McDaniel, and Mr. Bill Raney in preparing the necessary documents. Also, all permits will have to be in the name of New Hanover County. Chairman Caster commented on the possibility of losing the $350,000 and he stated this is a risk worth taking for the benefit of the entire community. Commissioner Davis suggested approving the project in two parts: (1) deciding if New Hanover County should become the lead sponsor for the project; and (2) determining if the financial plan should be considered. Discussion followed on the term for repayment of the special assessments and the interest rate to be charged. Vice-Chairman Greer suggested charging an interest rate of 7% for 3 years. Chairman Caster called for a motion to consider the County sponsoring the project. Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks for New Hanover County to become the lead sponsor of the Mason Inlet Dredging relocation project which includes dredging up to the Inland Waterway. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster called for a motion on the financing plan. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to adopt the financial plan as presented using the Room Occupancy Tax Fund to finance the project with reimbursement to the County through a special assessment to each property owner at an interest rate of 7% for a term of 3 years. Upon vote, the MOTION CARRIED BY 3 TO 2 VOTE AS FOLLOWS: Voting Aye:Commissioner Howell Vice-Chairman Greer Chairman Caster Voting Aye:Commissioner Birzenieks Commissioner Davis Chairman Caster informed the Board that a Public Hearing would be held to receive input from the citizens. He asked if any of the actions taken today could be changed after the Public Hearing was held. County Attorney Copley responded the resolutions presented at the Public Hearing could be amended after the hearing. Vice-Chairman Greer encouraged the Legal Department to work with the attorneys representing the homeowner associations so the project can move forward as quickly as possible since the sand bags will be removed in September. Chairman Caster asked if the Public Hearing could be held on May 3, 1999. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 201 County Attorney Copley advised that the tax assessment roll would have to be prepared by the Tax Department before the Public Hearing could be held. County Manager O’Neal advised that Staff will strive to have the tax roll by the first meeting in May, and if not the hearing will be held on another date. Commissioner Birzenieks expressed appreciation to Mr. Pinkston and others for the effort given to prepare the plan. Mr. Pinkston expressed appreciation to the Board of County Commissioners for recognizing the seriousness of the project. He pledged the support and assistance of the MIPG in moving forward with the project. MEETING RECESSED FOR A BREAK Chairman Caster called a break from 10:15 a.m. until 10:30 a.m. ADOPTION OF RESOLUTION ASSIGNING BID OF PHASE I-A PILOT’S RIDGE CONTRACT #99-0300 TO THE NEW HANOVER COUNTY BOARD OF EDUCATION Project Engineer, Greg Thompson, reported that New Hanover advertised and received bids for a portion of the site work at the Pilots Ridge Park/School site. This phase will be to prepare the site for construction of a high school, middle school and arts building. Since this phase relates solely to school construction, it would be appropriate for the management of this phase to be the responsibility of the schools. The Board of Education would enter into contracts under its own name and assume responsibilities of the project. He requested the Board to adopt the resolution authorizing the assignment. Mr. Paul Boney, representing Boney Architects, reported he was going to Richmond, Virginia, to discuss the Pilot’s Ridge Park/School concept. He informed the Board that many areas throughout the country are interested in considering this concept because of the money that can be saved by both entities. Mr. Boney advised that bids have been received for the building pad and ancillary grading because environmentally it is in the best interest of the site to clear these areas before beginning construction. When the building pad is finished, bids will be received on the buildings in July, and once these bids are awarded construction will be begin. Bids for the infrastructure phase, comprised of additional grading, water, sewer and entrance ways at Carolina Beach Road and River Road, will be received in the mid-summer to coincide with the construction of buildings. In closing, Mr. Boney said the project was on schedule and he would recommend award of the Phase I-A bid as recommended by the County Project Engineer. Commissioner Birzenieks asked the County Manager if he was comfortable with the resolution as presented. County Manager O’Neal responded that he was comfortable with the proposed arrangement. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt the resolution to authorize the assignment of Phase I-A of the Pilots Ridge contract to the New Hanover County Board of Education for management of this phase since the site will be for school construction and the arts building. 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 10. STATUS OF REQUEST BY THE BOARD OF COUNTY COMMISSIONERS TO REMOVE THE SOUTHERN OUTER LOOP FROM THE THOROUGHFARE PLAN Planning Director, Dexter Hayes, reported the N. C. Board of Transportation removed from the Thoroughfare Plan the portions of the Southern Outer Loop between Carolina Beach Road and Masonboro Loop Road on February 5, 1999. This action was based on the previous NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 202 recommendations made by the Board of County Commissioners on August 3, 1998, and the Transportation Advisory Committee on November 10, 1998. In order for this revision to become effective, it must be officially approved by the Wilmington City Council. The City has not approved this change but will probably consider it in the near future. Planning Director Hayes stated the April 24, 1999 letter received from Mr. Marion R. Poole, Ph.D., P.E., Manager of the NCDOT Planning Branch, reported that after analyzing the removal of the Southern Outer Loop, Staff concluded this section could be removed or realigned without jeopardizing the integrity of the Thoroughfare Plan. Planning Planning Director Hayes stated that no action is required by the Board. The City of Wilmington will have to hold another hearing to conclude the removal process. Since the Transportation Advisory Committee is in the midst of approving and adopting a new Thoroughfare Plan, the City Council will probably wait until that time. He informed the Board that the Transportation Summit scheduled for May 16, 1999, has been changed to May 26, 1999, from 8:00 a.m. until 3:00 p.m. at UNCW. Representatives from the Department of Transportation and outside speakers will discuss the proposals that will be included in the Thoroughfare Plan Update. The Commissioners were encouraged to attend this event. ADOPTION OF PROCLAMATION DECLARING APRIL 25, 1999 AS “LEAGUE OF WOMEN VOTERS DAY” IN NEW HANOVER Chairman Caster requested a motion for adoption of the proclamation. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt the “League of Women Voters Day” proclamation declaring August 25, 1999, as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 10. ADOPTION OF PROCLAMATION DECLARING APRIL 24, 1999 AS “NATIONAL VOLUNTEER WEEK” IN NEW HANOVER COUNTY Chairman Caster requested the Board to adopt a proclamation declaring April 18-24, 1999 as “National Volunteer Week” in New Hanover County. He noted that volunteers are an integral part of County government and the community. He requested a motion to adopt the proclamation. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt a “National Volunteer Week” proclamation to declare April 18-24, 1999 as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 10. ADOPTION OF PROCLAMATION DECLARING THE WEEK OF APRIL 18-24, 1999 AS “APPRECIATION WEEK FOR COUNTY DEPARTMENTS OF SOCIAL SERVICES EMPLOYEES” Chairman Caster called for a motion to approve the proclamation. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt a “Appreciation Week for County proclamation declaring the week of April 18-24, 1999 as Departments of Social Services Employees” in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster presented the proclamation to Ms. Karen Vincent, Assistant Director of the Department of Social Services, and he expressed appreciation to the employees for operating an outstanding department. CONSIDERATION OF NEW HANOVER COUNTY JOINING THE NORTH CAROLINA COASTAL COALITION NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 203 Chairman Caster reported that New Hanover County has been invited to join the North Carolina Coastal Coalition (NCCC). The primary purpose of the NCCC is to give local government a strong unified voice in CAMA and other state decisions affecting them. Part of the NCCC effort will be to host a legislative social in Raleigh for all coastal elected representatives. The NCCC is requesting $200 from each local coastal government to support this social and other activities of the Coalition. Ms. Joan Altman, Mayor of Long Beach, is Chairman of the Coalition. He requested the Board to consider joining the group. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to pay $200 for New Hanover County to become a member of the North Carolina Coastal Coalition. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF NEW LEGISLATION REGARDING PROPOSED REGULATIONS FOR CAMA LAND USE PLANS Vice-Chairman Greer commented on the memorandum from the Assistant County Manager, Dave Weaver, and stated he was not in favor of the proposed legislation. Commissioner Howell agreed with Vice-Chairman Greer. Assistant County Manager Weaver advised that the new legislation could be considered from two points of view: (1)The draft legislation would require that actions taken by State agencies would have to be more consistent with local CAMA Land Use Plans. These State actions include direct development, State infrastructure, funding programs, permitting, decisions, and other actions. This legislation would be beneficial to counties because State actions could not easily override policies in local CAMA Land Use Plans. (2)The legislation reduces flexibility for State actions and increases the importance of the State mandated CAMA Land Use Plan which may be viewed as undesirable by some local governments. County Manager O’Neal said that he would be glad to place this item on the next agenda for further discussion. Vice-Chairman Greer said he would rather make a motion to oppose the new CAMA legislation and inform the local legislative delegation of this decision. Assistant County Manager Weaver presented the following example showing where it would have been beneficial for the proposed legislation to be in effect: Approximately 10 years ago, NorthChase applied for a discharge permit to place the outlet pipe in the Northeast Cape Fear River. The New Hanover County CAMA Land Use Plan had a policy in place that opposed issuance of a NPDES discharge permit for package treatment plants. Even though the County had a policy in the local CAMA Land Use Plan, the State ignored this policy and permitted the NPDES permit for the NorthChase Outlet to discharge into the Northeast Cape Fear River. Assistant County Manager Weaver said under the proposed legislation, the State would have more difficulty by-passing the County’s CAMA Land Use Plan when issuing a NPDES discharge permit in a situation of this type. Chairman Caster expressed concern for not discussing the proposed CAMA legislation before rendering a decision on the issue. He requested the Board to place this item on the agenda for May 3, 1999. Consensus: It was the consensus of the Board to discuss the new legislation regarding the CAMA Land Use Plan on the agenda for May 3, 1999. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 204 ADOPTION ON FIRST READING OF REVISIONS TO THE NEW HANOVER COUNTY CODE, CHAPTER III: ANIMALS AND FOWL, ARTICLE II: DANGEROUS DOG/POTENTIALLY DANGEROUS DOG ORDINANCE Health Director, David Rice, reported on April 7, 1999, the New Hanover County Board of Health unanimously approved revisions to the Animals and Fowl, Article II: Dangerous Dog/Potentially Dangerous Dog Ordinance. He noted that Mr. Andrew Olsen, Assistant County Attorney was present and drafted the revisions based on Staff input. Health Director Rice reported the changes are technical corrections to clarify definitions, exclusions, and procedures of the Animal Control Committee and the Board of Health to cases pertaining to potentially/dangerous dogs. These changes include issues of notification, the time frame, and options available. He requested the Board to consider approving the revisions as presented. Vice-Chairman Greer, the Board’s representative on the Board of Health, informed the Commissioners that he agreed with the proposed revisions. Mr. Ernest Puskas, a resident 501 Prince George Avenue, Castle Hayne, N. C., expressed concern for the manner in which a dog is classified as potentially dangerous. He commented on children being attacked and severely bitten before a dog can be declared dangerous, and he suggested changing the existing law to declare the top five to ten breeds of dogs known to be dangerous as potentially/dangerous dogs. This action would alert people about the danger of purchasing a certain breed of dog, which would hopefully make the owner more responsible and eventually reduce the number of dog attacks. Chairman Caster requested Mr. Puskas to take this suggestion to the Board of Health. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt the revisions to Chapter III: Animals and Fowl, Article II as recommended by the New Hanover County Board of Health. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXV, Page 10. The ordinance will be codified into the New Hanover County Code. CONSIDERATION OF CHANGE IN WOMEN’S PREVENTIVE HEALTH SERVICES FEES Health Director, David Rice, reported the Board of Health received notification from the North Carolina Department of Health and Human Services that Medicaid rates changed effective March 4, 1999. Since self-pay patients cannot be charged less than the Medicaid rate for the same services, the Women’s Preventative Health Services fees need to be changed. Not all rates will increase. Where the Medicaid rate decreased, the fee to the self-pay clients will also decrease. The Board of Health approved the recommended fee changes on April 7, 1999. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the fee changes as recommended by the Board of Health. Upon vote, the MOTION CARRIED UNANIMOUSLY. The revised fees are on file at the New Hanover County Health Department. CONSIDERATION OF AMENDMENTS TO THE BYLAWS OF THE CAPE FEAR BOARD OF TRUSTEES Ms. Janet Seapker, Director of the Cape Fear Museum, reported the amendments were adopted by a 9 to 1 vote by the Museum Board of Trustees. She noted that the purposes of the changes were to clean up some of the language and give the Museum Board more power to allow new Trustees appointed in June to vote on the officers at the July meeting. Vice-Chairman Greer apologized for not studying the issue, and he requested postponing this item until the next meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 205 Commissioner Birzenieks noted that he was comfortable with the revisions, particularly since the changes had been approved by the Museum Board of Trustees. Consensus: After further discussion, it was the consensus of the Board postpone this item until the May 3, 1999 meeting. NAMING OF PILOT’S RIDGE PARK /SCHOOL SITE TO “VETERANS PARK” County Manager O’Neal reported the Pilot’s Ridge Park/Schools site will contain three schools and a regional public park. The schools will be named after New Hanover County’s three native Medical of Honor recipients. The Parks and Recreation Advisory Board voted on March 3, 1999, to recommend naming the entire park site to “Veterans Park.” This name will be in keeping with the theme established for naming the schools and honor all military veterans from New Hanover County. Vice-Chairman Greer, the Board’s representative on the Parks and Recreation Advisory Board, reported the name of Veterans Park was made a member of the Advisory Board. The other members felt this was an appropriate name Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to officially name the Pilot’s Ridge Park/School site “Veterans Park” as recommended by the Parks and Recreation Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster requested the name “Veterans Park” to be used in all future actions by the Board and Staff. DISCUSSION OF GREENSPACE BOND ISSUE Chairman Caster commented on the need to proceed with the greenspace bond issue and he requested Staff to be sure the County was moving in that direction since the referendum is scheduled for the May 2000 primary. County Manager O’Neal reported several items are currently being discussed about what methods to use for conducting the poll and educating the public. He advised that this item would be placed on the next agenda. APPOINTMENT OF ROBERT FRANKLIN SMITH TO FILL THE UNEXPIRED TERM ON THE NEW HANOVER COUNTY PLANNING BOARD Chairman Caster announced that eight applications have been received to fill the unexpired term of Kirk Davy on the Planning Board. He said the term will expire July 31, 2000. Chairman Caster opened the floor to receive nominations: Commissioner Howell nominated Robert Franklin Smith. The nominee was seconded by Commissioner Davis. There being no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, Robert Franklin Smith was appointed to fill the unexpired term of Kirk Davy on the New Hanover County Planning Board with the term to expire July 31, 2000. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion was held on whether categories should be established for members of the Planning Board. Chairman Caster said he felt the suggested categories should be used as guidelines, not established categories, to keep a well balanced board. APPOINTMENTS TO THE NEW HANOVER COUNTY TIDAL CREEK WATERSHED MANAGEMENT ADVISORY BOARD Chairman Caster reported that the Planning Director had prepared a list of categories and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 206 appointees to be considered when making appointments to the Tidal Creek Watershed Management Advisory Board. He requested the Board to decide if this list should be followed. Commissioner Birzenieks said the list as presented was acceptable to him. After referencing the need to have a well balanced Tidal Creek Watershed Management Advisory Board, Vice-Chairman Greer suggested using the categories as guidelines. Chairman Caster asked if it was necessary for a County Commissioner and City Council Member to serve on the Advisory Board. Consensus: After discussion, the Board felt that a County Commissioner and City Council Member should serve as members of the Tidal Creek Watershed Management Advisory Board, and by consensus Chairman Caster was appointed to serve on the Advisory Board. The Chairman was also requested to write a letter to the Mayor of the City of Wilmington to request the City Council to appoint a Council Member to serve on the Advisory Board. Chairman Caster opened the floor to receive nominations. Vice-Chairman Greer nominated John R. Jefferies and Carlton Fisher. The nominees were seconded by Chairman Caster. Vice-Chairman Greer nominated Marian T. McPhaul and William Franklin Gage. The nominees were seconded by Chairman Caster. Chairman Caster nominated Charles Waklid. The nominee was seconded by Commissioner Birzenieks. Vice-Chairman Greer nominated David P. Thomas, Jr. and Julie T. Tracy. The nominees were seconded by Commissioner Birzenieks. Commissioner Davis nominated Don Cook. The nominee was seconded by Vice-Chairman Greer. There being no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, the Board UNANIMOUSLY appointed the following persons to serve on the Tidal Creek Watershed Management Advisory Board: William A. Caster, Chairman of the Board of County Commissioners Wilmington City Council Member (Pending) Don Cook Carlton Fisher William Frank Gage John R. Jefferies Marian T. McPhaul David P. Thomas, Jr. Julie T. Tracy Charles Waklid ADOPTION OF RESOLUTION APPROVING CONTRACT #99-0313 WITH OPEN SOFTWARE SOLUTIONS, INC. FOR PURCHASE OF A COMPUTER AIDED DISPATCH (CAD) SYSTEM - SHERIFF’S DEPARTMENT Sheriff Joe McQueen requested the Board to adopt a resolution approving a contract with Open Software Solutions, Inc. for the purchase of a Computer Aided Dispatch System, a Records Management System, Mugshot Software, Mobile Units and Jail System for the Sheriff’s Department. He informed the Board that the current system frequently malfunctions, and with the system being over six years old, the new software was needed as soon as possible. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 207 Vice-Chairman Greer commented on using an installment loan to purchase the computer equipment, and he asked how many years would the equipment be financed. Deputy County Manager Atkinson responded the installment loan would be for a period of five years. Discussion followed on why this item was not included in the last fiscal year budget. Deputy County Manager Atkinson explained that a Y2K problem was discovered with the system in July after adoption of the budget. He informed the Board that a majority of the money will come from the 911 Surcharge Fund. Vice-Chairman Greer said he felt that contingency fund should be used for unexpected circumstances, but it appears the appropriated fund balance is used to purchase whatever is wanted. He suggested developing a method of alerting the Board when funds are spent outside the adopted budget. County Manager O’Neal agreed. Commissioner Birzenieks reminded the Board that the budget is a living document that can be amended. Motion: After discussion of the need to replace the current system, Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt the resolution approving Contract #99- 0313 with Open Software Solutions, Inc. for the purchase of a Computer Aided Dispatch System, a Records Management System, Mugshot Software, Mobile Units at a total cost of $2,061,648.81 and to approve the associated budget amendment. The County Manager was authorized to sign the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 10. Budget Amendment #99-0125 - Various DebitCredit GENERAL FUND County Commissioners’ Office: Appropriated Fund Balance$ 14,184 Non-Departmental: Installment Lease Payment$ 14,184 FIRE SERVICE DISTRICT Fire Departments: Appropriated Fund Balance$ 119,130 Fire Operations: Maintenance & Repair$ 630 Departmental Supplies$ 78,000 Capital Outlay - Equipment$ 40,500 EMERGENCY TELEPHONE SYSTEM FUND Interest on Investments$ 75,000 Appropriated Fund Balance$1,387,900 911 Surcharge$ 224,945 Transfer to General Fund$1,687,845 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 208 GENERAL FUND Sheriff’s/Administration: Transfer In/Emer. Telephone System Fund$1,687,845 Sheriff/911 Center: Capital Outlay - Equipment$1,062,630 Departmental Supplies$ 369,515 Contracted Services$ 95,700 Maintenance & Repair/Equipment$ 160,000 Sheriff/Administration: Installment Loan Proceeds$ 254,675 Sheriff/Jail: Capital Outlay - Equipment$ 202,335 Departmental Supplies$ 16,000 Contracted Services$ 36,340 MEETING RECESS TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 12:01 p.m. to hold a meeting of the New Hanover County Water and Sewer District . Chairman Caster reconvened to Regular Session at 12:05 p.m. ADDITIONAL ITEMS RESOLUTION TO EXPRESS APPRECIATION TO ANTHONY W. WADE FOR HIS OUTSTANDING SERVICE AS HUMAN RELATIONS DIRECTOR County Manager O’Neal requested the Board to adopt a resolution to express appreciation to Anthony W. Wade for his outstanding service as the Human Relations Director. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adopt a resolution of appreciation to be given to Anthony W. Wade at his Farewell Reception to be held on Tuesday, April 20, 1999. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 10. AUTHORIZATION FOR THE CHAIRMAN TO WRITE LETTERS OF SUPPORT FOR LITTER BILLS County Manager O’Neal requested the Board to support HB 352, HB 222, and SB 287 to assist local governments with better enforcement of litter regulations and to increase the minimum maximum littering fines. Consensus: After discussion of the need to address litter on a statewide basis, it was the consensus of the Board to authorize the Chairman to write a letter to the local legislative delegation requesting them to support HB 352, HB 222, and SB 287. Upon vote, the MOTION CARRIED UNANIMOUSLY. TOUR OF EAGLE ISLAND SCHEDULED FOR JUNE 3, 1999 County Manager O’Neal requested the Commissioners to schedule a tour of Eagle Island with Health Director David Rice, Vector Control Manager, Ken Sholar, and the members of the Board of Health to see how effectively the mosquito control program is operated for the county by the Health Department. He suggested holding a press day to inform the public about what New Hanover County does in conjunction with Brunswick County to control mosquitos. Consensus: After discussion, it was the consensus of the Board to schedule a tour on Thursday, June 3, 1999 at 10:00 a.m. following the Thursday Staff meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, APRIL 19, 1999PAGE 209 BUDGET WORK SESSION SCHEDULED ON MONDAY, APRIL 26, 1999 County Manager O’Neal requested the Board to schedule a Budget Work Session as soon as possible for the Board to provide direction to Staff on major issues that will have to be addressed in preparing the FY 1999-2000 Budget. Consensus: It was the consensus of the Board to schedule a Budget Work Session on Monday, April 26, 1999, from 5:00 p.m. until 7:00 p.m. in the County Administration Building, Room 501, 320 Chestnut Street, Wilmington, North Carolina. DISCUSSION OF MEETING SCHEDULED WITH THE BOARD OF EDUCATION ON TUESDAY, MARCH 27, 1999 Commissioner Birzenieks said that due to a meeting with the New Hanover Regional Medical Center Board of Trustees, he would be late for the Board of Education meeting scheduled on Tuesday, March 27, 1999 at 6:00 p.m. LETTER OF APPRECIATION TO PERSONS WHO CONTRIBUTED TO THE GRAND OPENING OF AIRLIE GARDENS Commissioner Birzenieks noted that the Airlie Gardens Grand Opening was quite successful and very well done. He suggested that Chairman Caster write a letter of appreciation to the persons involved with preparing the event. Consensus: It was the consensus of the Board to authorize the Chairman to write a letter of appreciation as requested. DISCUSSION OF WORKING WITH THE WILMINGTON CITY COUNCIL ON FUNDING OF OUTSIDE AGENCIES Chairman Caster advised that discussion has been held about working with the City in comparing the funding requests for outside agencies. He informed the Board that Councilman Charlie Rivenbark was the designated Council Member to contact about funding for outside agencies. County Manager O’Neal said that over the years, attempts have been made to work with the City regarding funding for outside agencies, but for some reason this had never happened. Budget Director, Cam Griffin, informed the Board that a combined form is being used in the budget process to show the amount of money being requested from the City and County by all outside agencies. After further discussion, Chairman Caster stated that he would contact Councilman Rivenbark about this issue. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 12:30 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board