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1999-10-18 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 580 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 18, 1999, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner Charles R. Howell; Vice-Chairman, Robert G. Greer; Chairman William A. Caster; 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 TO THE FLAG Deputy County Manager, Andrew J. Atkinson, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had 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. APPROVAL OF CONSENT AGENDA County Manager O’Neal commented on Consent Agenda Item 8.6 and he explained that the budget amendment presented on the agenda in the amount of $650,000 was a preliminary partial estimate of FEMA reimbursement for Hurricane Floyd expenses. He said since this budget amendment was prepared, additional information has been determined on the clean-up cost for Floyd, and a revised budget amendment has been presented in the amount of $5,000,000 as the estimate of FEMA reimbursement related for Hurricane Floyd. He requested the Board to approve the revised budget amendment as part of the Consent Agenda. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve the items on the Consent Agenda as presented with an amendment to Item 8.6 changing the budget amendment from $650,000 to $5,000,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Adoption of Resolution to Award Contract #00-0163 to Ansaldo Volund A/S to Purchase Grate Replacement Parts for the WASTEC Facility The Commissioners adopted a resolution awarding a contract to Ansaldo Volund A/S , the sole source supplier pursuant to NCGS 143-129(f), in the amount of $73,589.70 for the purchase of grate parts for the WASTEC Facility. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 24. A copy of the contract is on file in the Legal Department. Adoption of Resolution to Award Contract #00-0135 to North Carolina Equipment Company for Purchase of Loader/Integrated Tool Carrier for the Vector Control Division of the Health Department The Commissioners adopted a resolution to award a contract to North Carolina Equipment Company, the lowest responsible bidder, in the amount of $91,831 to purchase a wheel loader/integrated tool carrier for the Vector Control Division of the New Hanover County Health Department. The Chairman was authorized to execute the necessary contract documents. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 581 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 24. A copy of the contract is on file in the Legal Department. Approval of Interlocal Agreement with the Wilmington Fire Department The Commissioners approved an interlocal agreement with the Wilmington Fire Department in the amount of $2,500 annually for the provision of crash-rescue response to the U. S. 421 North corridor. The Chairman was authorized to execute the necessary contract documents. A copy of the interlocal agreement is on file in the Legal Department. Acceptance of Tax Collection Reports Through September 30, 1999 The Commissioners accepted the following Tax Collection Reports through September 30, 1999, as submitted by the Collector of Revenue, Patricia J. Raynor: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XXV, Page 24. Release of Value - Tax Department The Commissioners granted Senior Citizen/Disability Exclusions to the following taxpayers. Applications and letters explaining the late filing are available upon request in the Tax Department. Brackenbury, Edna Life Estate$20,000 Celia, Saant S. J. Sophia$20,000 Cornwall, Mary V.$20,000 Duncan, Ruth L.$20,000 Eckenrod, Pauline$20,000 Elliott, Margaret Johnson$20,000 Higgins, Alex & Bertha$20,000 Johnson, Claude R.$20,000 Mattocks, Willie May$20,000 Seabrook, Elnora B.$20,000 Small, William T. & Evelyn G.$20,000 Williams, James E. Alford$20,000 The Commissioners released late listing penalties for the following taxpayers because it was their first offense, or they certified they had listed during the listing period: Amerigas$ 23.50 Better Service Company $ 4.25 Blockade Runner Motel Hotel$183.87 Cools Refrigeration Service$ 12.81 Cowan, Paul d/b/a Down Island$ 2.92 Deckhouse Casual Dining, Inc.$176.48 Employment Solutions, Inc.$ 85.45 Hanover Land Investors$496.11 Milanos at the Forum, Inc.$404.16 Riverboat Landing$ 91.84 Roadway Express, Inc.$ 9.60 TTF Corporation$168.22 United Insulation Company of Wilmington$ 19.61 Wilmington Machinery, Inc.$250.80 Wilmington Service Corporation$ 3.38 World Aviation Company$ 2.86 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 582 Adoption of Resolution Authorizing a No Cost Transfer of Property to the Wilmington-New Hanover Community Development Corporation The Commissioners adopted a resolution to authorize a no cost transfer of property located at 117 Wright Street to the Wilmington-New Hanover Community Development Corporation for construction of single-family owner-occupied residences. The Chairman was authorized to execute the necessary conveyance documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 24. Adoption of Resolution Authorizing a No Cost Transfer of Property to the Cape Fear Habitat for Humanity The Commissioners adopted a resolution to authorize a no cost transfer of property located at 612 North 7th Street to the Cape Fear Habitat for Humanity for construction of single-family owner-occupied residences. The Chairman was authorized to execute the necessary conveyance documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 24. Approval of Budget Amendment #2000-08 - Federal Forfeited Property Capital Project The Commissioners approved the following budget amendment: #2000-08 - Federal Forfeited Property Capital Project DebitCredit Federal Forfeited Property$62,215 Capital Project Expense$62,215 Explanation: To increase the budget for additional Federal Forfeited property funds received on September 30, 1999. Federal Forfeited property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment #2000-09 - Veterans Park The Commissioners approved the following budget amendment: #2000-09 - Veterans Park Debit Credit Transfer in from General Fund$650,000 Capital Project Expense $650,000 Explanation: To increase the Capital Project Budget for transfer budgeted in the 1999-2000 from General Fund for Veterans Park. Approval of Budget Amendment #00-0040 - Commissioners’ Office/Parks The Commissioners approved the following budget amendment: #00-0040 - Commissioners’ Office/Parks DebitCredit Commissioners’ Office Appropriated Fund Balance $150,000 Parks Other Improvements$150,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 583 Explanation: To appropriate fund balance for Eaton Elementary soccer fields. On March 22, 1999, $70,000 was approved for soccer fields contingent upon approval of the lease agreement with the Board of Education. Additional expenses are due to changes made in the project since March. Estimates are still preliminary, and there will be on-going expenses of maintaining the fields in future budgets. Approval of Budget Amendment #00-0041 - Retrofit Project for Schools, Project Impact, and Planning The Commissioners approved the following budget amendment: #00-0041 - Schools Retrofit - Project Impact - Planning DebitCredit Schools Retrofit Disaster Resistant Community Grant$375,726 Contracted Services$ 42,726 Administrative and Legal 3,000 Engineering 42,000 Other Improvements 288,000 Project Impact Disaster Resistant Community Grant$137,274 Contracted Services$ 68,274 Supplies 5,000 Travel 8,000 Capital Outlay 6,000 Weatherization Project 50,000 Planning Disaster Resistant Community Grant$100,000 Contracted Services$100,000 Explanation: To increase the budget for amendment in the amount of $613,000 to Disaster Resistant Community grant. Part of the funding will be used for the retrofit for schools, Project Impact, the Weatherization Project, and mapping for the Planning Department. Approval of Budget Amendment #00-0042 - Emergency Management The Commissioners approved the following budget amendment: #00-0042 - Emergency Management Debit Credit Emergency Operations Center Transfer In-General Fund $381,613 Capital Project Expense$381,613 Explanation: To increase the Emergency Operations Center Capital Project Budget for funds that were budgeted and transferred in from the General Fund in FY 1998-1999. Approval of Revised Budget Amendment #00-0044 - Emergency Management The Commissioners approved the following budget amendment: #00-0044 - Emergency Management Debit Credit Emergency Management Hurricane Floyd FEMA Grant $5,000,000 Contracted Services$5,000,000 Explanation: Estimate of FEMA funding related to Hurricane Floyd. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 584 Approval of Budget Amendment #00-0045 - Office of Juvenile Justice/Contingency The Commissioners approved the following budget amendment: #00-0045 - Office of Juvenile Justice/Contingency DebitCredit Non-Departmental Contingency$3,706 Courts Office of Juvenile Justice$3,706 Explanation: To transfer funds from Contingencies to the Office of Juvenile Justice for two computers and printers. With the additional computers, all staff members will have computer equipment in their offices. Ratification of Resolution in Support of Governor Hunt’s Hurricane Floyd Emergency Appropriation Request to the United States Congress The Commissioners ratified a resolution dated October 7, 1999, in support of Governor Hunt’s Hurricane Floyd Emergency Appropriation request to the United States Congress. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXV, Page 24. Award of Bid #00-0106 to Bob King GMC for the Purchase of Two Trucks The Commissioners adopted a resolution to award the bid to Bob King GMC, the only bidder, in the amount of $40,796.12 to purchase two (2) trucks for the Animal Control Division of the Health Department. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 24. Adoption of Resolutions to Add Roads to the North Carolina Highway System The Commissioners adopted resolutions to add roads to the State Highway System in the following subdivisions: Brenwyck Subdivision: Foxwood Lane, Woodridge, Arnela Court and Toddlo Court Grove Point Subdivision: Grove Point Road, Persimmon Place, and Cedar Bluff, Poplar Knoll Court, and Cherry Hill Court. Middle Point Subdivision: Harlandale Drive, Tillson Court and Denly Court. Plantation Road: (Div. File No. 968-N) PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: NameYears of Service Judy P. Evonko, Health Department5 Jamis S. Kilgore, Health Department15 Sandra B. Randolph, Register of Deeds15 Ophelia T. Robinson, Social Services20 Julia A. Talbutt, Social Services20 Chairman Caster, on behalf of the Board, presented service awards to each employee and he expressed appreciation to them for their dedicated years of service. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 585 RECOGNITION OF NEW COUNTY EMPLOYEES County Manager O’Neal requested the following new County employees to stand and be recognized: Lyn Howard, Finance Department Pamela Kaye Tompkins, Health Department Diane Ihnat, Health Department Joyce Hatem, Health Department Joan Blue, Health Department Yolanda Perkins, Health Department Shannon Slocum, Health Department Deborah Goodwin, Health Department Cristy O’Herron, Health Department Karen Lisa Gans, Health Department Gina Parra, Inspections Department Dawn Horne, Inspections Department Vicki Dumford, Social Services Lorie Zirkle, Social Services Anita Oliver, Social Services Tiffany West, Social Services Thomas Bottoms, Tax Department Jimmy Fannin, Tax Department Chairman Caster, on behalf of the Board, welcomed the new employees to New Hanover County and he wished them success in their new positions. BRIEFING ON HURRICANE IRENE Director of Emergency Management, Dan Summers, reported that no injuries or fatalities occurred in New Hanover County or southeastern North Carolina due to Hurricane Irene. All roads are opened; however, counties north of New Hanover County will experience rising water due to heavy rain that could close roads and create additional flooding. The N. C. Department of Transportation and N. C. Highway Patrol will be inspecting roads. The shelter census reached a peak of 43 evacuees at Dorothy B. Johnson Elementary School and 24 evacuees at Codington Elementary School. The Codington shelter will be closed within the next hour. Damage assessment reports are minimal across the board. Teams are checking with the beach communities about overwash. Kure Beach has released its curfew and other prohibitions as of this date. There is no verification if the curfew has been lifted on the northern end of Carolina Beach. After holding a conference call with FEMA, it is not anticipated that a second Presidential Disaster Declaration will be received as a result of Hurricane Irene; however, since this storm occurred in the operational period related to Hurricane Floyd, the expenses incurred will be covered under the Presidential Disaster Declaration for Hurricane Floyd. The Emergency Operations Center will remain staffed through the day and remain with a skeletal crew for one or two days. Guard assets have been demobilized and the County is working with the Salvation Army to provide supplies to Bladen County who has suffered flooding because of heavy rain. In closing, Director Summers expressed appreciation to the Board for their support during the emergency event. Deputy County Manager Atkinson reported that Dr. Atkinson, President of New Hanover Regional Medical Center, has concern about recovering costs from FEMA for operation of EMS during the recent storms. He asked if there would be a problem with reimbursement. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 586 Director Summers responded that he would contact a FEMA official to meet with Dr. Atkinson to discuss this matter; however, it would be beneficial for the hospital Finance Officer to meet with Ms. Dottie Ray in the New Hanover County Finance Department to understand the accountability process. Chairman Caster, on behalf of the Board, complimented Director Summers and Staff for the excellent manner in which they implemented the New Hanover County Emergency Plan. PRESENTATION OF WASTEC FINANCIAL REPORT BY MCGLADREY & PULLEN, LLP Mr. Lou Cannon, a Governmental Services Partner with McGladrey & Pullen, LLP from the New Bern office, introduced Mr. Bret Mason, a Management Consultant with the firm. He reported that the firm of McGladrey & Pullen was contacted a few months ago to assist in analyzing financial numbers for the operation of the WASTEC Facility. Mr. Cannon advised that McGladrey & Pullen has reviewed the general ledger to determine the costing methodology to provide base line numbers that can be used for the Board to decide if the WASTEC Facility should remain open. The purpose of the report is to provide numbers that are reliable and can be analyzed by the Board in rendering a final decision. The report is presented in draft form and can be finalized with any recommended changes or suggestions by the Board. Mr. Cannon advised that Mr. Mason would be presenting spread sheets to provide the cost per ton and review the general ledger to see if all expenses are inclusive and correctly classified. Vice-Chairman Greer asked if the Director of Environmental Management, Ray Church, was present. County Manager O’Neal responded that Director Church was attending a Solid Waste Association of North America Conference. He said that Mr. John Hubbard was present and would be glad to answer any questions. Mr. Mason reported under the current method of operation the annual net operating cost per ton is as follows based on 1998 figures: Annual Net Operating Program Cost Per Ton WASTEC$24.83 Landfill$12.60 Total Program$29.53 Mr. Mason advised that in order to portray a true cost analysis, all costs incurred in the operation, both direct and indirect, must be accounted for in the study. This is accomplished by using the accrual method. The following modifications were made to convert to the accrual method: ? Depreciation expenses are fixed asset expenses only. ? Debt service includes interest payment only. ? Cash capital outlay expenditures (and related installment loan proceeds recognized to pay for expenditures) were eliminated to assess per ton cost. ? 1998 income statements are summarized in Exhibit I. Exhibit II shows the same income statements but these statements are broken down into on-site (direct) and off-site (indirect) expenses. Following these schedules is Exhibit III, where a cost analysis of on-site and off- costs are summarized. The current method displayed on Page 5 of the report is addressed at the beginning of Exhibit IV, which shows the net on-site operating cost per ton with further analysis of off-site costs by themselves and then added to on-site costs, showing several subtotals. This allows for a build-up approach to show the full cost of operation. The final NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 587 item on Exhibit V allocates the Administration costs as a percentage of each cost cent’s contribution to the total cost. The accrual methodology on a per ton basis is summarized in the following tables: Gross Cost Per Ton Without Energy Sales: Annual Gross Program Cost Per Ton WASTEC$66.67 Landfill $16.39 Total Program $44.74 Gross Cost Per Ton With Energy Sales: WASTEC$53.36 Landfill$16.39 Total Program$37.59 The following observations were presented: ? General Fund transfers were made in the amount of $3,404,293 and $2,793,686 during FY 1996-1997. Without these transfers, expenditures (which include debt service) were greater than revenues. Fiscal year 1998 had a larger deficit. ? Tipping fees of $7,356,681 accounted for 60.0% of annual revenues, including fund transfers of waste disposal in FY 1998. ? WASTEC cannot be self sufficient based on the current capacity, which limits the volume to less than the amount needed to be cost efficient. ? On a short-term basis, the $34 tipping fee contributes to debt service retirement. On a long- term basis, the current tipping fee does not cover aggregate costs. ? Administration expenses were not allocated to the Landfill Program, Recycling Program or Administration, which masks a true cost per optional ton. The following recommendations were presented: ? In the future, the Finance Division of New Hanover County should complete the full cost analysis worksheet. The Finance Division provides all the financial statistics for the FCA and has a greater understanding of the source and meaning of the financial statistics. ? The County may want to look at tipping refund programs to compete with waste going to the Sampson County landfill. Tonnage should increase but refunds would be a small percentage of expenditures. ? Using the full cost approach, the County can develop a model outlining different volume based costs to determine optimal capacity and production. ? After filling the few positions needed in the program, management could look at the allocation of manpower. Reallocation of these resources can contribute to increase efficiencies even with increasing tonnage. In concluding the presentation, Mr. Mason said if any member of the Board has questions about the figures presented, he could be contacted at the Raleigh office. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 588 Discussion was held on all costs and benefits being included in the equation to provide a bottom line number. Chairman Caster asked if the savings from the ash being carried to cover the Landfill in lieu of having to purchase sand was included in the figures presented. Mr. Mason responded that ash had been included in the figures presented. Vice-Chairman Greer commented on the discrepancy between pounds and cubic yards and he asked if any figures reflect the percentage being saved by not using more capacity in the Landfill. For example, if 100 tons or 100 cubic yards are carried to WASTEC in lieu of the Landfill, what percentage of landfill space would be saved. Mr. Cannon said the potential savings is not included in the report, because the firm was charged to present actual costs; however, it would not be difficult to calculate this percentage. He informed the Board that operations were contributing toward paying the debt. If the Board decides to leave the WASTEC Facility open or decides to close the facility, the debt service will have to be paid. Also, shut down costs will have to be considered if the WASTEC Facility is closed. Vice-Chairman Greer requested an explanation of how the WASTEC Facility is contributing to payment of the debt service. Mr. Cannon explained that WASTEC was contributing toward payment of the debt service. In 1998, approximately $2,800,000 was transferred to the total operation with the debt service being a little more than $2,800,000. The cash flow coming in and going out from the total operation in 1998 did contribute to debt payment. Vice-Chairman Greer asked if the WASTEC operation was three or four times more expensive than the Landfill operation. Mr. Cannon responded this statement was correct. Vice-Chairman Greer stated if the debt service per ton is $10.51 and the Landfill was operated without the WASTEC Facility, would this mean that the combined rates of $16.39 plus $10.51 for a rate of $26.90 per ton would pay the debt service and pay for operation of the Landfill. Mr. Cannon responded that WASTEC reduces the amount of waste going into the Landfill; therefore, if the waste was carried to the Landfill, more landfill space would be needed which will require costly construction of new cells and closure of old cells. He advised that McGladrey & Pullen did not include this type of formula in the scope of work to be provided; however, these figures can be calculated. Commissioner Davis asked if the County should implement a county wide garbage collection system that would provide a steady flow of waste to WASTEC, would this make a difference in the operating cost of this facility. Mr. Cannon responded that more waste going to WASTEC will benefit the operation of the facility. Discussion followed on what the next step should be to finalize the numbers presented in the report. Mr. Cannon suggested a review of the draft report by Staff and the County Commissioners with all questions being answered or addressed. Once this process has been completed, a final report will be prepared. The Board will then be able to use the figures in the report and make a decision on whether to close or continue to operate the WASTEC Facility. County Manager O’Neal suggested that each member of the Board and Staff should review the draft report and ask questions or request additional backup information on the figures presented. Once this review process has been completed, a Work Session should be held for the Board to agree on the figures presented in the report before rendering a final decision. Vice-Chairman Greer stressed the importance of everyone understanding that the major benefit of WASTEC is to preserve landfill space. The key factor for producing revenue at WASTEC NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 589 is weight and the key factor for the Landfill is usage of space. He requested the consultants to provide the percentage of materials going to the Landfill from the WASTEC operation. Commissioner Davis agreed and stated residue from WASTEC is carried to the Landfill and used as a cover to prolong the life of the cells, which saves money in construction of new cells. Vice- Chairman Greer is asking how much money is saved by carrying bulk opposed to being burned. Mr. Cannon offered to expand the report and provide numbers in this area. He said as the volume is reduced by burning waste, less landfill cells will be needed and money will be saved. Commissioner Birzenieks commented on this report being just one piece to the puzzle, and he suggested inviting some experts in the solid waste field that are aware of the national trends to attend the Work Session so questions can be answered. For example, if the WASTEC Facility is closed, is there a market for selling incinerators to countries overseas, or what federal regulations will be enacted that will cause the operation of incinerators to become more costly to operate. These are issues that must be addressed. He advised that Commissioner Howell and he had talked to an expert while attending the N. C. Association County Commissioners’ Annual Conference in Asheville, North Carolina, and he requested the Board to consider asking this firm to attend the Work Session. Chairman Caster, on behalf of the Board, expressed appreciation to McGladrey & Pullen for the report and said the Board will need to review the report and obtain the necessary figures and information so the figures in the report can be finalized. After this step, the Board should schedule a Work Session. After further discussion, the Board agreed to schedule a Work Session after the draft report has been finalized and invite the firm suggested by Commissioner Birzenieks to attend the meeting. PRESENTATION OF GREENSPACE BOND REFERENDUM SURVEY Ms. Paula Lentz, President of Eastcoast Consumer Research, expressed appreciation to the Board for providing the firm an opportunity to conduct the research survey. The voters expressed their opinions and desires, and the objectives of the report have been answered. Ms. Lentz introduced Mr. Dan Desserre, the designer and author of the report, and stated he would highlight the key issues in the survey. Mr. Desserre presented the following objectives of the survey: ? Obtain local voter opinion on the greenspace bond issue and determine if there should be a bond referendum. ? If voters support a greenspace bond referendum, determine how much of a bond package voters are willing to support. ? To find out how well defined the issue of greenspace bonds is to voters and determine the level of education and communication needed to effectively explain the bond package to them. ? Provide guidelines on what types of land parcels should be purchased with greenspace funds. Also, provide information for future land use policies, regulations and plans. ? Identify other key local issues of concern to the voters, especially one that could undermine the success of a future greenspace referendum. To accomplish the objectives of the study, three phases of research were conducted: Phase I was a review of key secondary or previously published reports on the New Hanover County/Wilmington area during June and July. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 590 Phase II consists of six focus groups to explore the issues and study objectives and provide guidance for the final phase of research. The focus group research was done in July and August. Phase III was the last phase of research, which consisted of a random sample telephone survey to obtain decision making information. The focus groups and telephone surveys were done with registered voters, and were balanced by age and zip code to attain a better representation of the total voter market in New Hanover County. Methodology: The telephone interviews consisted of 532 completed interviews, and average 17 minutes per interview. An advanced method of design was used to produce information that would usually take over 25 minutes to complete using traditional quantitative techniques. The random sample was drawn on a scientific basis and had an error range of +4.5% at the 95% Confidence Level. This means that the actual survey results will vary by a small degree no matter how many times a similar survey is completed. The following conclusions were presented: ? Greenspace: The greenspace issue is very important to the voters in New Hanover County and there is enough positive support to pass a greenspace bond referendum. The importance of preserving greenspace ranks very high along with other issues. Education ranked first followed by traffic/roads, crime, environment, preserving greenspace, growth/overdevelopment, consolidation and annexation. ? The general support for a greenspace bond referendum is very good. When the voters were asked if they would support a greenspace bond issue 74.1% responded yes. When asked if they would support a $50 million greenspace bond, 58.1% responded yes, 41.5% responded no, and 0.4% unknown. When asked if they would support a $75 million greenspace bond, 37.2% responded yes, 57.2% were against, and 5.8% did not know. Discussion followed on how the figure of $50 million was derived. Mr. Desserre explained that different scenarios were tried and the cost of cents per dollar were presented. Chairman Caster asked if voters were informed that the property tax rate would increase by so many cents. Mr. Desserre said the voters were not informed of the actual increase in the property tax rate. Commissioner Birzenieks said if 58.1% of the voters supported a $50 million greenspace referendum, would more voters support a $40 million referendum. Mr. Desserre responded the percentage of support would increase with a small bond package. The results of the survey indicate that any greenspace bond should be under the $50 million limit to have a greater chance of success. Mr. Desserre reported there are two main groups of voters who may disagree with each other about the meaning of greenspace. The first group wants untouched natural or wilderness areas, and the second group wants developed greenspace next to or within parks, schools, or development. After working with the focus groups, the following definition was used in the survey: Greenspace is the term used to describe land areas that are either undeveloped, natural areas with trees, shrubs, flowers, grass, etc, including wetlands, or it can include developed areas such as parks, landscaped areas around developments, golf courses, and buffers. The following conclusions were presented: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 591 ? The majority of voters believe there is not enough greenspace in this market with 63.5% saying there is not enough greenspace, 71% gave preserving greenspace a 5 or 6 rating on a scale of 1 to 6. ? The priority in spending greenspace funds is for sites that are clearly identified and fit the criteria for greenspace. This means the voters must be well educated to fully support a bond referendum. A good example would be what was done initially with the purchase of Airlie Gardens. There is a slight preference to see greenspace funds spent on parks with or without playgrounds/ballfields and on wetlands and marshes versus vacant/natural areas and landscaped areas next to schools or development. The ratings were as follows: Parks with or without playgrounds/ballfields4.94 Wetlands/Marshes4.93 Landscaped area/buffers near schools and developments4.54 Natural vacant undeveloped open spaces4.48 Other issues of importance are rated as follows: Now is the time to preserve the environment5.61 Government should preserve the environment5.54 Quality of life is good5.25 Developers get what they want4.88 City has grown too fast4.84 Confidence in elected officials4.36 Government should control land use4.05 Government does not understand me3.51 Mr. Desserre advised that survey results indicate the best time to present a greenspace bond referendum appears to be in the Spring 2000. This means that the education process must begin as soon as possible. This communication effort should emphasize a multi-media approach using television, newspapers, radio ads, and public hearings. The Spring 2000 survey choice was 43.8% versus the Fall 2000 at 22.7%. Voters will accept a bond referendum as a way to raise large sums for government projects. However, they prefer other methods as shown in the chart listed below: Implementation of Impact Fee35.9% Increase in Local Sales Tax19.4% Bond Issue17.7% In concluding the report Mr. Desserre advised that a successful greenspace bond referendum requires the following points to be addressed: ? A total package that should not exceed $50 million. The bond should be in the $40 to $50 million range. ? The total bond amount should be justified with as much detail as possible on the need for such funds. ? The voters need to be well-educated about the bond issue; therefore, the communications should start 5 to 6 months prior to the vote. A strong ad campaign is required. ? The telephone survey should be repeated one month before the vote to see if major changes have occurred. Mr. Desserre offered to answer any questions. Discussion was held on the amount of detail that should be outlined in the bond issue. Mr. Desserre suggested being detailed about how bond funds will be spent and stated the education should start at least five months before the referendum. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 592 Further discussion was held on how the bond issue would increase the property tax rate. Commissioner Howell asked if persons surveyed were informed about the property tax increase, and if so, what figure was used. Mr. Desserre advised that persons were informed the tax increase would equate to $5.00 per month on a $150,000 house for a $50 million bond issue. This represents 10 cents on the tax rate. Commissioner Howell advised that currently 100 acres of empty land can be purchased at an average of $35,000 per acre which equals $3.5 million. He noted this figure does not include the development or operation of parks or soccer fields. In closing, Mr. Desserre recommended performing a research survey a month before the bond referendum is held because things can change during a five to six month period of time. The support of the voters is in place at the current time, and this endorsement should continue because the citizens want more control of growth and development to preserve the environment. The greenspace bond referendum is a positive step in protecting the natural resources. County Manager O’Neal requested the Board to move forward with contracting with the bond attorney to begin the bond process. Also, it would be wise to call a joint meeting with the Parks Advisory Board once the survey has been thoroughly reviewed by the Board of County Commissioners. Once this meeting has been held, Staff and the Parks Advisory Board or a citizens group should be charged with developing the parameters for the greenspace referendum, such as determining the amount of active park space, greenspace, and the mechanism to be used to educate and communicate with the citizens. By State Statutes, the County can only present the facts, but a citizens group, such as the Parks Foundation, can contribute funding for an ad campaign. County Attorney Copley requested the Board to move as quickly as possible to begin the bond issue by authorizing staff to enter into a contract with the bond attorney. Commissioner Birzenieks asked if Staff can perform an inventory of available land in New Hanover County. County Manager O’Neal responded that Staff can perform the inventory and he recommended including this document as part of the bond package that goes to the voters. He also suggested that discussion should occur between the County Commissioners and members of the Parks Advisory Board on how to approach the bond issue. County Attorney emphasized the importance of presenting the question clearly to the voters because this was a problem with the consolidation issue. For example, shall New Hanover County spend $50 million for greenspace which will include soccer space, parks, open space, etc. Motion: After further discussion of moving as quickly as possible, Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer for New Hanover County to enter into a contract with the bond counsel to prepare for a greenspace bond referendum. Chairman Caster requested the Commissioners to be sure they were in favor of moving forward with holding a bond referendum in May 2000 before voting on the issue. Vice-Chairman Greer stressed the importance of everyone understanding that no exact amount has been established for the bond issue. MOTION CARRIED UNANIMOUSLY. Upon vote, the Commissioner Birzenieks expressed appreciation to Ms. Lentz and Mr. Desserre for performing an outstanding job in conducting the survey. He also stressed the importance of approaching the local legislators and General Assembly about the support of a local option sales tax since the voters have indicated they prefer this method of funding over a bond issue for financing NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 593 the acquisition of greenspace. With this type of support, the General Assembly should allow counties to implement a local option sales tax as a revenue source for funding worthy projects. Commissioner Davis also complimented Ms. Lentz and Mr. Desserre for the degree of professionalism reflected in the survey report. BREAK Chairman Caster called a break from 10:40 a.m. until 11:05 a.m. RESOLUTION OF INTENT TO CLOSE A PORTION OF AN UNNAMED ROAD IN THE DUNN PLACE SUBDIVISION Staff Planner, Sam Burgess, reported that Mr. John LeGwin has petitioned to close a portion of an unnamed road adjacent to Dunbar Landing in the Middle Sound Community. He presented a map depicting the segment of the road to be closed, which is a 30-foot unimproved road right-of-way that is approximately 200 feet in length. This segment of the road has been identified in the Public Water Access Plan for New Hanover County as a potential road right-of-way for public water access to Pages Creek. This road is one of the few remaining public access points in New Hanover County that can be utilized by the Dunbar Road neighborhoods. Also, this segment of the road may be needed for public utilities; however, the Engineering Staff has indicated there is no desire to run utilities down the road. Commissioner Birzenieks asked if Staff was in favor of closing the road. Staff Planner Burgess responded that Staff does not become involved with a recommendation until there is a Public Hearing on the request; however, with the small amount of water access for boaters, Staff felt this issue should be presented to the Board. Also, there was a technical document adopted by the Board of County Commissioners as part of the 1986 Land Use Plan that identified potential areas for public water access, and this unnamed road was a potential site. Mr. Buck O’Shields, a resident of Dunbar Road, informed the Board that Mr. John LeGwin was the petitioner and his neighbor. He advised the unnamed road was a 30-foot right-of-way that runs into the marsh with no boating access. A pier cannot be constructed on the site because it does not meet CAMA setback standards and the property is not large enough to accommodate parking or boating access. He said that three marinas are located around the corner on the Intracoastal Waterway that accommodate the needs of the area. Mr. John LeGwin, the petitioner, advised that he had lived in the area for 17 years and stated to his knowledge no one had ever used the property for water access. The roadway drops off four to five feet into approximately 125 feet of marsh before accessing the waterway. A channel would have to be dug through the marsh to construct a pier, but there is not enough land to accommodate parking. At the present time, the unnamed road has become a nuisance with unsupervised children playing in the area. He requested the Board to consider closing the road because it is not suitable for a water access site. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to adopt the Resolution of Intent to schedule a Public Hearing on November 6, 1999, to consider closing a portion of the unnamed road adjacent to Dunbar Landing in the Middle Sound Community Upon vote, the MOTION CARRIED by a four to one vote. Vice-Chairman Greer stated, for the record, he voted in opposition because discussion was just held on the need to purchase greenspace for public use and he felt closing this water access area would be a contradiction of this effort. PUBLIC HEARING TO SOLICIT CITIZEN COMMENTS REGARDING AN AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) DISASTER RECOVERY INITIATIVE PROGRAM FOR NEW HANOVER COUNTY Chairman Caster announced this was a Public Hearing to solicit citizen comments concerning NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 594 an amendment to the United States Department of Housing and Urban Development (HUD) Disaster Recovery Initiative program for New Hanover County. Chairman Caster opened the Public Hearing. Staff Planner, Wanda Coston, reported in accordance with HUD regulations, a Public Hearing must be held to amend the New Hanover County Disaster Recovery Initiative grant award that was established to assist areas impacted by Hurricane Fran and Hurricane Bertha. New Hanover County received a $1,800,000 grant and in order to reallocate the $376,414 from the Snag and Drag project to the Castle Hayne Sewer Construction project, a Public Hearing must be held because the amount of money being transferred is more than 10%. This transfer will increase the Castle Hayne Sewer Construction project to $808,000. Chairman Caster expressed concern for transferring funds from the snag and drag project with so many areas, such as Runnymeade, in desperate need of relieving drainage problems. He commented on the possibility of New Hanover County receiving new drainage clearance money under a different federal program as a result of Hurricane Floyd, and he asked Staff if they felt additional funding would be allocated to New Hanover County. Assistant County Manager, Dave Weaver, advised that in Runnymeade, a snag and drag project would not be effective because of the growth of vegetation in the drainage way and sedimentation in the channel. Snag and drag funding can only be used to remove hurricane debris that has fallen into ditches and drainage ways. These funds cannot be used to resolve the sedimentation issue. Commissioner Birzenieks expressed concern for transferring funds out of the snag and drag project account when so many areas need to have hurricane debris removed from ditches and drainage ways. He said with the amount of flooding occurring, he felt the snag and drag projects were needed. Assistant County Manager Weaver advised that the office was contacted by a representative from the Natural Resource Conservation Service several weeks ago, and Staff was informed that funding would be available for snag and drag projects as a result of Hurricane Floyd. The Natural Resource Conservation Service will notify the office about the amount of funding New Hanover County will receive within the near future. Discussion followed on use of HUD funding. Assistant County Manager Weaver explained that a large percentage of the $314,414 HUD funding would be used to comply to the bureaucratic process, which requires individual easements from property owners along the drainage ways and environmental assessments. The funding received from Hurricane Floyd will be less bureaucratic and will not require environmental assessments. If these funds are transferred from the Snag and Drag project to the Castle Hayne Sewer project, an equivalent amount of money will be freed up in the Water and Sewer District that can be used for drainage projects. For example, county funding will allow standing vegetation to be cleared from ditches and apply for sedimentation projects. Under HUD funding for snag and drag projects, the existing vegetation could not be dug out and accumulated sedimentation could not be removed. Vice-Chairman Greer advised that money is available to perform the snag and drag projects in ditches where hurricane debris needs to be removed. It is difficult to believe that residents living in an area will not allow a contractor to clean out a drainage ditch or drainage way. The contractors will not need a sedimentation control permit from the Corps of Engineers because only limbs, branches and other hurricane debris will be removed from the ditches. He suggested directing Staff to move forward with the snag and drag projects. Commissioner Davis asked if the Board was aware of the HUD requirements when the snag and drag money was transferred into the program. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 595 Assistant County Manager Weaver responded that Staff was not aware of HUD requirements at that time. Chairman Caster asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Commissioner Davis said if the $376,414 is transferred to the Castle Hayne Sewer Construction project, it would appear that an equivalent amount could be removed from the Water and Sewer District into the general fund to be used for snag and drag projects. Vice-Chairman Greer expressed concern for removing funds from the Water and Sewer District to be used for general purposes. Motion: After further discussion, Commissioner Howell MOVED, SECONDED by Commissioner Davis, to approve the amendment to the New Hanover County Disaster Recovery Initiative program to transfer $376,414 from the original Snag and Drag project to the Castle Hayne Sewer Connection project with $376,414 being transferred from the Water and Sewer District to the general fund to perform drainage projects. Commissioner Birzenieks asked if the motion is approved and the money is transferred to the Castle Hayne Sewer project, will other funding be available to perform the snag and drag projects and other drainage issues. Assistant County Manager Weaver responded that funding will be available. Chairman Caster called for a vote on the motion. Vice-Chairman Greer expressed concern for the motion allocating funds to perform drainage projects instead of snag and drag projects. He said the Board should decide if snag and drag projects are going to be performed, and if so, funding should be appropriated for that purpose. Commissioner Davis asked Staff if there was a problem with including snag and drag projects in the motion. Assistant County Manager Weaver responded that drainage projects cover snag and drag projects; however, clearing out vegetation and removing sedimentation from ditches cannot be performed. If the Board desires to specifically use the term, snag and drag, it will be fine with Staff. Commissioner Howell stated this was why he used the term, drainage projects in the motion. MOTION CARRIED by 3 to 2 vote. Upon vote, the Commissioner Birzenieks and Vice- Chairman Greer voted in opposition. Motion: After further discussion of snag and drag projects, Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to direct Staff to report on the progress being made with snag and drag projects at each regular meeting of the Board of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Birzenieks strongly objected to the federal regulations that impede the progress of providing relief to persons experiencing flooding problems from the last two hurricanes. He suggested inviting Congressman Mike McIntyre to explain why these regulations are in place. Chairman Caster said he would be willing to invite Congressman McIntrye and other officials to meet and discuss federal regulations governing disaster funding relief. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 596 MEETING CONVENED TO THE BOARD OF EQUALIZATION AND REVIEW Chairman Caster called for a vote to convene from Regular Session to sit as the Board of Equalization and Review. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to convene from Regular Session to sit as the Board of Equalization and Review. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster convened from Regular Session at 11:59 a.m. Chairman Caster reconvened to Regular Session at 12:51 p.m. CONTINUATION OF APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE FRIENDS OF ST. ANDREW’S, INC. AND COMMITTEE APPOINTMENTS, REGULAR AGENDA ITEMS 11 AND 12 Chairman Caster recommended continuing the following committee appointments to another meeting since a Work Session has been scheduled at 1:00 p.m. Board of Directors of the Friends of St. Andrew’s, Inc. Juvenile Crime Prevention Council/Criminal Justice Partnership Board Nursing Home Community Advisory Committee Consensus: It was the consensus of the Board to continue Regular Agenda Items 11 and 12 until the second meeting in November. Chairman Caster announced that the Work Session scheduled at 1:00 p.m. would not begin until 2:00 p.m. to allow time for the Board to have lunch. SELECTION OF DESIGN TEAM TO DEVELOP THE MASTER PLAN FOR AIRLIE GARDENS Assistant County Manager, Dave Weaver, reported that a Committee comprised of Commissioner Birzenieks and Staff listened to presentations from three design teams seeking the County’s contract to develop a Master Plan for Airlie Gardens. The Committee selected the team headed by Synthesis, Inc., a local architecture firm, for recommendation to the Board of County Commissioners. All three teams were well qualified to perform the task and had local representation; however, the Committee felt that Synthesis provided the best team composition to address all aspects of the Master Plan, including architecture, engineering, landscape architecture, and historic garden expertise experience. He requested the Board to negotiate an agreement with Synthesis to perform the Airlie Gardens Master Plan. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to authorize Staff to negotiate an agreement with Synthesis, Inc. to develop the Airlie Gardens Master Plan with the final contract being presented to the Board for approval. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION TO CHANGE MEETING SCHEDULE TO HOLD ONLY ONE REGULAR MEETING IN THE MONTH OF DECEMBER 1999 County Manager O’Neal reported that discussion has been held by the Board about holding only one meeting in the month of December because of the busy schedule and the small agenda for the second meeting in the month. He recommended changing the existing meeting schedule to hold one meeting in December on December 6, 1999, at 6:30 p.m. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to hold one meeting in December on December 6, 1999, at 6:30 p.m. and authorize the Clerk to the Board to advertise the change. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 597 APPROVAL OF TRANSFERRING THE CABLE TELEVISION FRANCHISE FROM FALCON CABLE TO CHARTER COMMUNICATIONS HOLDING COMPANY, LLC Mr. Robert Sepe, the County’s Consultant with Action Audits, presented a report to the Board requesting authorization to transfer the Cable Television Franchise from Falcon Cable to Charter Communications Holding Company, LLC. He reported that Charter Communications is owned entirely by Charter Communications Holding Company, LLC, which in turn is entirely owned by Charter Communications, Inc (CCI). The proposed transfer of control of the New Hanover County Cable System from Falcon to Charter Communications is a small part of the entire acquisition transaction between the two companies. Charter Communications seeks to purchase from Falcon the rights to, and assets of, approximately 303 cable systems nationwide. The total purchase price is approximately $3.5 billion in cash and equity. The 969,700 subscribers acquired by the transfer equates to a purchase price of about $3,516 per subscriber. Charter Communications seeks to pay a total purchase price for the New Hanover County Cable System in the amount of approximately $21 million. National press reports indicate that Charter plans to continue its nationwide acquisition of other cable systems, and consolidate some of its current holdings. Among the properties recently acquired by Charter Communications in 1999 are Marcus Cable, Avalon Cable, Vista Broadband, Helicon Cable, Renaissance Media, Greater Media, Rifkin & Associates, InterMedia Partners, and American Cable. These purchases totaled more than $8.1 billion. It is imperative for the franchise authority to secure assurances from Charter Communications that no adverse impact will occur on current and future New Hanover County subscribers, the cable distribution system, company business practices, and customer service policies as a result of the proposed transfer. Information has been requested from Charter Communications and the company has been cooperative in providing data in a timely manner. In reviewing the information received from Charter Communications, consideration was given to whether Charter Communications has the legal, technical, and financial capability to properly operate the New Hanover County Cable System. Charter Communications has agreed to comply with all existing franchise requirements, along with all applicable laws and regulations. A review of the application and supporting documentation indicates that Charter Communications has the legal, technical and financial capability to meet current and future needs of county subscribers. Charter Communications has a track record of deploying state-of-the-art broad-band services in other franchises nationwide, and has committed itself to complete Falcon’s upgrade of the New Hanover County cable system to a 870 MHZ, two-way Hybrid Coax Fiber System. The technology should dramatically improve picture quality and system reliability. In concluding the report, Mr. Sepe stated as the County’s consultant, he would recommend approval of the transfer of the New Hanover County Cable Franchise from Falcon to Charter Communications based upon financial resources and technical acumen. Mr. Sepe introduced Mr. M. Cleste Vossmeyer, Vice-President of Government Relations, Charter Communications, LLC, to make a few comments. Mr. Vossmeyer commented on working with Mr. Sepe for a number of years and he presented the following documents: ? An executed Guaranty of Performance of the franchise by Charter Communications Holding Company, LLC. ? An executed original by Charter Communications Holding Company, LLC of the resolution granting the consent of the transfer of control. In closing, Mr. Vossmeyer reported that Falcon is in the process of rebuilding the New Hanover County cable system to 870 MHZ two-way hybrid fiber coax with node size not to exceed NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 598 4,500 homes or 5 amplifiers in cascade. Should Falcon not complete the rebuild prior to the closing, Charter Communications will complete the rebuild within 12 months of closing. Chairman Caster asked if anyone from the public would like to speak. No comments were received. Chairman Caster requested a motion from the Board. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to accept the Action Audits report and adopt a resolution to approve the transfer of the Cable Television Franchise from Falcon Cable to Charter Communications Holding Company, LLC. 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 24. A copy of the report is on file in the Legal Department. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session to hold a meeting of the Water and Sewer District at 1:12 p.m. Chairman Caster reconvened to Regular Session at 1:15 p.m. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION County Attorney Copley requested the Board to convene to Closed Session pursuant to NCGS 143-381.11(a)(3) to consult with the attorney regarding the handling or settlement of a claim, judicial action, or administrative procedure. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to convene to Closed Session at 1:16 p.m. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reconvened to Regular Session at 1:26 p.m. ADDITIONAL ITEMS Approval of Budget Amendment #00-0049 - Social Services/Hurricane Floyd Relief Fund County Manager O’Neal requested the Board to approve the following budget amendment to establish an account for the North Carolina Hurricane Floyd Relief Fund to assist victims. He advised that no additional County funds will be required. Budget Amendment #00-0049 - Social Services/Hurricane Floyd Relief DebitCredit Hurricane Floyd Relief (State) $377,792 Assistance Payments $377,792 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the budget amendment as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, OCTOBER 18, 1999PAGE 599 ADJOURNMENT Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 1:38 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board