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HomeMy WebLinkAbout1999-11-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 627 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 15, 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 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 had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Discussion of Cleaning Out Ditch Behind North Hills, Treasure Cove, and North Bend Subdivisions in the Middle Sound Area Mr. Joel Pickett advised that he had appeared before the Board on October 4, 1999 regarding the need to clean out a creek that runs behind residences in North Hills, Treasure Cove, and North Bend Subdivisions. He stressed the importance of cleaning out this creek to prevent future flooding of homes, and he requested the Board to place this area on the list of sites to be considered for snag and drag projects. Chairman Caster requested Mr. Pickett to stay and hear the report on drainage projects that will be discussed as Item 4 on the Regular Agenda. APPROVAL OF CONSENT AGENDA Commissioner Davis requested discussion of Consent Agenda Item 2. Vice-Chairman Greer requested discussion of Consent Agenda Items 2, 14, and 18. County Manager O’Neal requested the following actions: (1)Postpone Consent Agenda Item 9. (2)Transfer Consent Agenda Item 10 to the Regular Agenda as requested by the attorney for the appellant. Discussion of Consent Agenda Item 2, Contract with Griffin Grant Writing & Consulting, Inc. (GGW&C) Commissioner Davis said that after reading the backup data, it appears that New Hanover County will pay GGW&C $95,000 over a period of two years with a guarantee of $1,000,000 in new grant money. He asked what will happen if the company does not provide the $1,000,000 as promised. Deputy County Manager Atkinson explained that New Hanover County will pay GGW&C $95,000 over a period of two years with the guarantee that $1,000,000 will be received in new grants. If New Hanover County does not receive new grant awards in the amount of $1,000,000 over the two-year period, the County will be reimbursed $95,000. If the new grant awards exceed $1,000,000, the company will receive 10% of the excess. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 628 Deputy County Manager Atkinson informed the Board that Mr. Don Duncan, a partner of GGW&C, was present and stated he would be glad to answer any questions. Mr. Don Duncan explained there are two key aspects involved with compensation to GGW&C: (1)Retainer Portion: The retainer portion is a guarantee of $1,000,000 in new grant funds over and above what the County has received in competitive grant funds for the two-year period of the contract. (2)Incentive Portion: GGW&C has requested a reasonable opportunity and authorization from the Board of County Commissioners to write $3,500,000 in new grant applications. If GGW&C is given the opportunity to pursue $3,500,000 in grant applications, past history shows that GGW&C will win the County at least $1,000,000. If the County provides the $3,500,000 in grant opportunities and GGW&C fails to secure the $1,000,000, the $95,000 retainer will be returned in full. Commissioner Davis asked if this means that New Hanover County has to provide GGW&C an opportunity to secure the grants. Mr. Duncan responded that New Hanover County will have to authorize the grant applications to be pursued by GGW&C. The difference between GGW&C and other firms is the broad scope of services and guarantee. GGW&C takes a pro-active approach toward competitive grants where funding is available. The company will first perform a thorough needs assessment that will involve department heads and key people in the area to gain an understanding of the community’s strategic needs. The information received from the needs assessment will be taken to the GGW&C Research Department for development of an initial priority funding report that will be reviewed with the Board of County Commissioners. Based upon understanding the County’s priority needs, program resources, program gaps, fiscal resources, and fiscal gaps, GGW&C will prepare a report on grant opportunities. Three areas will be reviewed: (1) programs that are funded; (2) programs that are underfunded; and (3) programs that are not funded but have a demonstrated need in the community. Many funded programs have needs in other areas that could be funded through competitive grants. For example, if New Hanover County is spending $4,000,000 on law enforcement technology, such as a geographic information system, and GGW&C can win a competitive grant to offset the general fund expenditure, this frees up money that can be used by the County for other purposes. The goal of GGW&C is to win competitive grants instead of spending taxpayer dollars. Frequently, a County match is required with competitive grants; however, many times GGW&C can secure an in-kind match that offsets the required match. Deputy County Manager Atkinson advised that after contacting cities and counties throughout North Carolina and the United States that were using the services of GGW&C, the responses were extremely positive. In order to feel more comfortable with the guaranteed reimbursement, the Commissioners may want to consider placing a Letter of Credit on file. Vice-Chairman Greer noted that he was concerned about receiving grant awards for a project and finding out later that funding was no longer available. The County then becomes responsible for a project or program with no funding budgeted for that fiscal year. Deputy County Manager Atkinson responded that many programs in the community are funded from different sources, such as the Governor’s Crime Commission or the Office of Juvenile Justice. These programs are needed in the community to work with juveniles in trouble. It has been a struggle to secure funding to keep these programs without impacting the general fund. Since the County does not have a grant writer or person to find available grants, it would benefit the County to hire a firm with the expertise to find grants to continue needed programs over a long period of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 629 time without using general fund monies. Mr. Duncan explained that many communities have a deficit in the competitive grant arena. He advised that GGW&C only deals with competitive grants, not formula or block grants. By using GGW&C, the County may be able to discontinue applying for a large number of small grants and apply for larger grants, which will reduce the amount of time to administer the grants. Commissioner Davis referenced Mr. Duncan’s statement regarding the County having to provide sufficient grant opportunities, and he asked if this means the County will be responsible for seeking out grants. Mr. Duncan informed the Board that after the needs assessment has been completed, the initial priority funding report will be prepared by the GGW&C Research Department. A meeting will be held with the County Committee to go through the funding report item by item to remove programs that are not beneficial. The programs left will be the final priority funding report. Also, a list of grants available will be provided weekly to keep the County informed. Between the funding reports and weekly communication, the County will know areas where grants are available for specific priority needs. It will not be up to New Hanover County to produce $3,500,000 in grant opportunities. GGW&C will show the County where the opportunities are to meet its priority needs. The County needs to authorize GGW&C to pursue a minimum of $3,500,000. Commissioner Davis expressed appreciation to Mr. Duncan and Deputy County Manager Atkinson for the explanation. Discussion of Consent Agenda Item 14, a Resolution Regarding Student Violators of Smoking Regulations Vice-Chairman Greer expressed concern for eliminating the initial payment of a penalty for students violating smoking regulations. He said if student violators are required to pay $100 for the initial offense, $300 for the second offense, and $500 for the third and subsequent offenses, they will think before violating the smoking regulations. He suggested amending the resolution to require a student violating smoking regulations to pay the penalty and attend the Project Assist Tobacco Use program. County Attorney Copley spoke on the time involved by the Legal Department in filing smoking violator cases through the Small Claims Court. She advised that most students cannot pay the penalty and the parents become responsible for paying the citation. The proposed alternative will provide the student with the option to attend the Project Assist Tobacco Use program for the first offense and under certain conditions, attend the program for the second offense. If a third violation occurs, the student would be responsible for paying the fine. Commissioner Howell stated that he would rather see a student violator pay the penalty by picking up cigarette butts instead of sitting in a class. He asked who would be teaching the classes. Ms. Elizabeth Constandy, Health Educator at the Health Department, informed the Board that Project Assist was a program being implemented across the State. She advised that she would be responsible for implementing, teaching, and training other people to teach the program. The Board of Education has requested that persons such as counselors, coaches, teachers, and school resource officers be trained in order to prevent students from smoking. Ms. Constandy advised that she was responsible for implementing the program in Brunswick County and New Hanover County. She commented on the success of the program in Brunswick County and stated she looked forward to having a successful program in New Hanover County. After discussion, the Board agreed to amend the resolution as recommended by Vice- Chairman Greer. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 630 Discussion of Consent Agenda Item 18, a Resolution Supporting Equal Access to Media Resources for Deaf and Hard of Hearing Vice-Chairman Greer commented on the resolution submitted in the agenda packet, and he asked if a similar resolution would be prepared using the name of the Board of County Commissioners instead of the Human Relations Commission. County Manager O’Neal responded that the resolution would be edited under the name of the Board of County Commissioners. He explained that discussion of this resolution was held at the last Human Relations Commission meeting because of concern about the deaf and hard of hearing community not being provided vital life saving information through media resources during emergency events. Chairman Caster called for a motion to approve the Consent Agenda with removal of Items 9, 10, and 14. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to approve the Consent Agenda with a required Letter of Credit on file for Item 2, amend Item 14 to require a payment of the penalty and attendance of the Project Assist Tobacco Use Program for students violating smoking regulations, postpone Consent Agenda Item 9, transfer Consent Agenda Item 10 to the Regular Agenda, and approve the remaining items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Board of Education Joint MeetingAugust 24, 1999 Hurricane Floyd Emergency SessionsSeptember 14, 1999 September 15, 1999 September 16, 1999 September 17, 1999 September 18, 1999 Approval of Contract with Griffin Grant Writing & Consulting (GGW&C) and Approval of Associated Budget Amendment #00-0052 The Commissioners authorized Staff to enter into a two-year contract with Griffin Grant Writing & Consulting to act as a grant writer for New Hanover County and approved the associated budget amendment. The County Attorney was directed to write a contract with language that will require a Letter of Credit and ensure that New Hanover County will receive reimbursement of the $95,000 retainer if the $1,000,000 in grant funding is not received by New Hanover County during the two-year period. The contract will be placed on the next agenda for final approval. Budget Amendment #00-0052 - Non-Departmental - Miscellaneous/Contingencies AdjustmentDebitCredit Contingencies$95,000 Contracted Services$95,000 Purpose: To transfer funds from Contingencies for a two-year contract with Griffin Grant Writing & Consulting (GGW&C) for grant writing and associated services. Approval of New Hanover Regional Medical Center Leases The Commissioners approved the following proposed leases submitted by the Medical Center: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 631 Wilmington Orthopedic Group, 5302 Oleander Drive, 6,664 square feet, at a fair market lease rate for three years; New Hanover-Pender Medical Society, 5300 Greenleaf Drive, at a fair market lease rate for one year; Coastal Rehabilitation Medicine Associates, 5302 Oleander Drive, 3000 square feet, at a fair market lease rate for eighteen months Adoption of Resolution to Reject Bid #00-0022RB for Data Acquisition System The Commissioners adopted a Resolution to reject Bid# 00-0022RB for purchase of a Data Acquisition System for the WASTEC Facility. One bid was received which had deficiencies and exceeded the amount budgeted for the purchase. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 26. Adoption of Resolution Exempting the Purchase of an 800mhz Radio System from the Public Procurement Requirements The Commissioners adopted a resolution declaring that a special emergency exists due to Hurricane Floyd and authorized the procurement an 800mhz radio system, components, and shelter to be exempted from requirements of the bidding laws set forth in Chapter 143 and Chapter 153 of the North Carolina General Statutes. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 26. Acceptance of Hurricane Floyd Disaster Relief Grant from the N. C. Division of Aging and Approval of Associated Budget Amendment#00-0068 The Commissioners accepted a Hurricane Floyd Disaster Relief grant in the amount of $1,000 from the N. C. Division of Aging and approved the associated budget amendment. The funding will be used to provide advocacy and outreach services to seniors who are victims of Hurricane Floyd. No County match is required. The County Manager was authorized to sign the grant documents. Budget Amendment #00-0068 - Aging/Nutrition-Congregate AdjustmentDebitCredit Aging Title IV Disaster Relief Grant:$1,000 (State - Hurricane Floyd) Temporary Salaries$1,000 Purpose: To budget additional funds received from the N. C. Division of Aging Title IV Grant. Authorization for New Hanover County Healthy Carolinians to Apply for a State Grant Through Healthy Carolinians The Commissioners authorized New Hanover County Healthy Carolinians to submit a grant application in the amount of $10,000 to Healthy Carolinians. The grant will flow through the Health Department to be used to conduct a comprehensive community needs assessment. A 50% match will be met in the form of in-kind contributions from the New Hanover County Health Department and the New Hanover Health Network through existing staff. The County Manager was authorized to accept the grant and approve the related budget amendment if the grant is awarded. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 632 Approval of Amendment to Contract #98-0011, Agreement with Attorney Paul A. Newton for the Collection of Delinquent Property Taxes The Commissioners approved an amendment to the contract with Attorney Paul A. Newton to increase the maximum attorney fees charged for the collection of delinquent property taxes from $350 to $400. The minimum charged for establishing each new file, contacting the property owner, and collecting the money will change from $60 to $75. The amendment will also allow for a $10 charge to process each payment for each follow-up letter required in extended payment arrangement situations authorized by the Tax Collector. This is the first increase since the initial contract with Attorney Newton that was signed in October 1986. Since that time, the Newton firm has handled 7,395 delinquent files and collected over $7,000,000. A copy of the contract amendment is on file in the Legal Department. Approval of Release of Value - Tax Department The Commissioners approved Senior Citizen/Disability Exclusions for the following taxpayers: Arp, Rose M., Etals.$20,000 Bethea, Elease, Etal.$20,000 Cerro, Sudie M., Life Estate$20,000 Finley, Katherine$20,000 Jernigan, Minnie G.$20,000 Jones, Andry Ati$20,000 Kelly, Edward$20,000 Kelly, Mary E.$20,000 Nixon, W. E., Heirs$14,220 Rivenbark, Horace R. & Margaret A.$20,000 Russ, Celeste P.$20,000 Williams, Mattie L. Life Estate$20,000 The Commissioners approved delinquent applications for exemption from the property tax for the following organizations: Cape Fear Habitat for HumanityRO4813-013-011-000 Southeastern Center/Mental Health DDSRO7016-001-006-000 RO6015-001-017-000 RO6018-003-047-000 Acceptance of Tax Collection Reports Through October 31, 1999 The Commissioners accepted the following Tax Collection Reports through October 31, 1999, as submitted by the Collector of the Revenue, Patricia J. Raynor: New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 26. Adoption of Resolutions to Add Roads in Silver Creek Village and Sun Coast Villas to the N.C. Highway System The Commissioners adopted resolutions to add roads in Silver Creek Village and Sun Coast Villas to the N.C. Highway System. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 26. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 633 Adoption of a Resolution Regarding Student Violators of Smoking Regulations and Adoption of a Resolution Authorizing Deputies of the New Hanover County Sheriff’s Department to Enforce the Section of the North Carolina State Building Code Regarding Smoking at Schools The Commissioners adopted an amended resolution to require student violators of the smoking regulations at local schools to pay a penalty and attend the Project Assistant Tobacco Use program. The Commissioners also adopted a resolution to authorize the Fire Marshal to designate, delegate, and authorize Deputies of the New Hanover County Sheriff’s Department serving as School Resource Officers to enforce Section 506.1.2 of Volume V of the North Carolina State Building Code making smoking at schools a hazard. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXV, Page 26. Adoption of Resolution Approving the Release of Funds Appropriated by the North Carolina General Assembly to the Cape Fear Council of Governments The Commissioners adopted a resolution to release funds in the amount of $15,599.11 from the North Carolina General Assembly to the Cape Fear Council of Governments. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 26. Adoption of Law Enforcement Center Capital Project Ordinance and Approval of Budget Amendment #2000-10 The Commissioners adopted the Law Enforcement Center Capital Project Ordinance and approved the associated budget amendment in the amount of $450,000 to establish the capital project budget. Budget Amendment #2000-10 AdjustmentDebitCredit Transfer in from General Fund $450,000 Capital Project Expense$450,000 Purpose: To establish project budget according to Capital Project Ordinance. A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 26. Approval of Budget Amendment # 00-0060Social Services Administration/Crisis Intervention - Program The Commissioners approved the following budget amendment: Budget Amendment #: 00-0060 AdjustmentDebitCredit Social Services Administration: Administrative Grants$247,877 Crisis Intervention Program: Assistance Payments$247,877 Explanation: To budget additional funds for the Crisis Intervention Program. No additional County funds are required. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 634 Approval of Budget Amendment# 00-0062-Human Services Transportation System The Commissioners approved the following budget amendment: Budget Amendment #: 00-0061 AdjustmentDebitCredit Human Services Transportation System: DOT - Vans 18-B-2$90,585 Capital Outlay Equipment$ 4,700 TDP Match$ 9,865 Motor Vehicle Purchases$105,150 Explanation: To budget additional funds received from the North Carolina Board of Transportation for the purchase of three (3) additional vans. Approval of Budget Amendment #00-0062 - Sheriff Department The Commissioners approved the following budget amendment: Budget Amendment #: 00-0062 AdjustmentDebitCredit Sheriff/Administration: Transfer In/Capital Projects (Federally Forfeited Property Funds)$27,399 Salaries and Wages$21,824 Social Security Taxes$ 1,669 Retirement - Law Enforcement$ 1,010 Retirement - 401K$ 1,091 Medical Insurance Expense$ 1,755 LT Disability Insurance$ 50 Sheriff/Federally Forfeited Property: Capital Project Expense$27,399 Transfer to General Fund$27,399 Explanation: To transfer a Resource Officer from the Pathway Alternative School Organization to the Sheriff’s Department. The position was grant funded through September 30, 1999. The Sheriff agreed to fund position with Federally Forfeited Property Funds for the remainder of fiscal year. Approval of Budget Amendment #00-0063 - Health Department The Commissioners approved the following budget amendment: Budget Amendment #: 00-0063 AdjustmentDebitCredit Public Health/Teen Aids Prevention: CFMF Grant$35,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 635 DebitCredit Salaries and Wages$ 2,884 Temporary Salaries$ 1,980 Social Security Taxes$ 372 Retirement - Local Govt. Employee$ 761 Medical Insurance Expense$ 283 Cellular Expense$ 400 Postage Expense$ 300 Printing Charges$ 500 Departmental Supplies$11,640 Employee Reimbursements$ 130 Training & Travel$ 750 State Grant$55,000 Explanation: When the FY 1999-2000 budget was adopted, it was anticipated that $55,000 in State funding would fund the Teen Aids Prevention Program. The State funding was not awarded. A $50,200 grant application to the Cape Fear Memorial Foundation was approved by the County Commissioners on August 2, 1999 and $35,000 was awarded. This budget amendment reduces the expenditures and revenues from the anticipated $55,000 in State funding to the $35,000 awarded from the Cape Fear Memorial Foundation. Approval of Budget Amendment #2000-11 - Controlled Substance Tax Capital Project The Commissioners approved the following budget amendment: Budget Amendment #: 2000-11 AdjustmentDebitCredit Controlled Substance Tax Funds$5,014 Capital Project Expense$5,014 Explanation: To increase the budget for additional revenue received November 2, 1999. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Approval of Budget Amendment # 00-0067 - Social Services/Hurricane Floyd Relief The Commissioners approved the following budget amendment: Budget Amendment #: 00-0067 AdjustmentDebitCredit Hurricane Floyd Relief (State) $426,037 Assistance Payments$426,037 Explanation: To budget additional funds received from the Governor's Office to assist victims of Hurricane Floyd. No additional County funds are required. Adoption of Resolution Supporting Equal Access to Media Resources for Deaf and Hard of Hearing The Commissioners adopted a resolution to ensure that deaf and hard of hearing citizens have equal access to information broadcast by area media during disastrous weather conditions. A similar resolution was adopted by the Human Relations Commission at its October meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 636 A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 26. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following persons to step forward to receive service awards: Donna G. Horne, Register of Deeds 5 Henry H. Green, Property Management 5 Paul Majkut, Property Management 5 Kathleen C. Parnell, Social Services 5 Joyce J. Smith, Sheriff’s Department10 Billie J. Stallings, Health Department10 Linda A. Huffman, Social Services10 Alice H. Hardee, Tax Department15 Andrew J. Atkinson, Manager’s Office20 Diane T. Vosnock, Health Department25 Chairman Caster, on behalf of the Board presented service awards to each employee and expressed appreciation to them for their years of dedicated service. RECOGNITION OF NEW COUNTY EMPLOYEES County Manager O’Neal requested the following new County employees to stand and be recognized: Carmen Larkins, Health Department Murdis Charles-Craft, Health Department Joan Michael, Health Department Cynthia Corbett, Inspections Department Bert Hatchell, Planning Department Gregory Benton, Property Management William Conyers, Jr., Property Management Sandra Ison, Sheriff’s Department William Woodruff, Sheriff’s Department Heather Motsinger, Social Services Michelle Brewington, Social Services Keith Casha, Vehicle Management Chairman Caster, on behalf of the Board, welcomed the new employees to County government and he wished them well in their new positions. PRESENTATION OF AWARD BY THE WILMINGTON SECTION OF THE AMERICAN INSTITUTE OF ARCHITECTS TO THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS Inspections Director Jay Graham, President of the Wilmington Section of the American Institute of Architects, presented an award to the New Hanover County Board of Commissioners for their role in saving Airlie Gardens and rehabilitating this regional landmark for the enjoyment of the public. Chairman Caster, on behalf of the Board, accepted the award and expressed appreciation to the members of the Wilmington Section of the American Institute of Architects for presenting this special award to the New Hanover County Board of Commissioners. REPORT ON PROGRESS OF DRAINAGE PROJECTS IN NEW HANOVER COUNTY Mr. Dan Dawson, Vice-President of W. K. Dickson, Inc., presented the following report on the preliminary findings and potential improvements for the Hidden Valley/Crosswinds area: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 637 General Background of the Area: The Hidden Valley/Crosswinds area is located in the 2.7 square mile Whiskey Creek Watershed that drains into the Intracoastal Waterway. The main roads and streets are College Road, Hidden Valley Drive, Masonboro Loop Road, Mohican Trail and Navaho Trail. The area is comprised of Crosswinds, Crosswinds South, Wedgefield, Masonboro Village, a portion of Hidden Valley, and the Roseman property connecting to Masonboro Loop Road. The west portion of the study area drains to College Road to Motts Creek and then to the Cape Fear River. The east side of the study area drains into Whiskey Creek via channels and culverts in the Tanglewood Subdivision. Description of Problems Occurring in the Area: The major problem is frequent flooding of property due to stormwater runoff. There have been no concerns related to storm surges from winds blowing water into the area during hurricane events. The flooding problems occur upstream because of the Crosswinds ponds and downstream because of flow restrictions through Tanglewood Subdivision, which was constructed in early 1970. Attempts have been made by the N. C. Department of Transportation and property owners to open up the channels to allow the area to deliver the water through the Tanglewood area; however, this has not been successful. There is a need for maintenance to open the channels. Assessment of Existing Conditions: Photographs were presented of flooded homes and yards in the Hidden Valley/Crosswinds area. The flooding in this area is severe, and it occurs more frequently than in other parts of the county. There are multiple property owners and agencies located in the area. After research, it was found that permits were obtained to build in the area, but the permits were not properly coordinated. Potential Improvements and Different Alternatives: After investigating the area, it was found the watershed was divided into two basins, the west side and east wide. Hydraulic and hydrological techniques and analyses were used in the process. The major focus was on how to remove water from the area through outlets. No detailed analysis was performed on the upstream collection system, but numerous alternatives were investigated. West Side of Crosswinds: This area consists of 34 acres. There are two ponds that drain into College Road. The overflow elevation of the pond is below the bottom line of the ditch along College Road. The State permitted the drainage plan which included a small pump to remove the required stored water from the pond for a 2-5 day period. Downstream modifications were investigated to lower the ditch in the road and install culverts. This was not feasible due to the length of a line that would have to be installed to Monkey Junction to effect a sufficient change. Focus was then placed on a collection system for the west side of Crosswinds to remove the water from this area. Recommendation for West Side of Crosswinds: Since flooding is much more severe on the east side of Crosswinds, it is felt that the water can be diverted from the west side to the east side with the following improvements: •Creation of sufficient treatment capacity. •Increase the storage capacity in ponds at Crosswinds. •Install conduits from west to east to deliver the water. •Install outlet downstream to deliver the water to Whiskey Creek. East Side of Crosswinds: The east side of Crosswinds is comprised of 161 acres. The volume requirements of the ponds permitted by the N. C. Department of Water Quality were too small and retain only 1 to 1 ½ inches of rainfall. A 10-year storm will produce 7 to 10 inches. The ponds are not capable of handling the necessary flood storage. Downstream, the pipes and channels are undersized. There have been improvements to the pipes and channels along Cherokee Trail and Mohican Trail by the N. C. Department of Transportation with encouragement from the County. The NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 638 private property owners have also tried to address the drainage needs. Upstream from ponds in the east side of Crosswinds is the area where flooding is more significant. After studying the area, it is obvious that collection system improvements are needed once a way is found to release the water from the ponds. There is potential for additional land to be drained toward this direction. East Side Recommendation: Whiskey Creek is classified by the State as SA waters, which has a much higher quality of water than the Cape Fear River. The State discourages numerous ponds in this type watershed and would prefer regional facilities with low density. Any modifications to the east and west sides of Crosswinds will require N. C. Department of Water Quality permits. There are limited routing options to deliver the water downstream. Either the water volume will have to be removed by increasing the outflow capacity or more storage will have to be created to buffer or hold the water in a managed fashion. To accomplish this goal, the following improvements are needed: •Modification of downstream culverts and channels to develop the capacity to remove the water from the area. •Enlarge the ponds in Crosswinds. •Construct a regional facility for the area. The following options were presented: Enlargement of the Mohican/Cherokee Trails Outfall - Estimated Cost of $700,000: • The enlargement of this culvert is necessary for any options selected. Modification of Ponds in Crosswinds - Estimated Cost of $625,000: • This option will increase storage and treatment capacity. The ponds will have to be deepened and adjoining land will have to be acquired. An enlarged pond surface area will provide a more effective storage. This option will provide the ponds with the capacity needed to handle Hidden Valley, the west side of Crosswinds, and the Roseman property, which is comprised of 195 acres. Regional Pond Option - Estimated Cost of $2,590,000: • A site has been identified downstream to provide treatment of a regional area. Stormwater runoff from the study area of 195 acres will flow into the facility as well as runoff from existing homes that are not treated in the Tanglewood area. Approximately 94 acres of homes with treatment systems could be directed toward the regional facility plus acres of undeveloped land as part of the regional option. This regional facility will provide treatment for 534 acres, and it has the potential to remove the permitting requirement for modifying ponds in Crosswinds. Before the collection system problems upstream can be addressed, the ponds in Crosswinds will have to be modified and an outlet created to remove water from the site, or a regional pond will have to be constructed. The State will have to be satisfied with modifying the ponds or constructing a regional facility. This will give the County an opportunity to improve existing collection system drainage problems as follows: •An additional $50,000 to relieve drainage problems in Hidden Valley and on the Roseman property. •An additional $200,000 to relieve drainage problems in the central section of Crosswinds. •An additional $50,000 to direct water from the west to the east side of Crosswinds. Mr. Dawson advised that the Crosswinds modification to serve 195 lots, including the culvert, is estimated at $1,625,000 for a cost per lot of $3,619. After financing, debt service, etc., the cost per month would be $26 per lot. The regional pond will serve 543 acres at an estimated cost of $3,590,000 with a cost per lot of $3,100. The cost per lot will be $22 per month. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 639 A map was presented showing the various watersheds. With the proposed annexation by the City of Wilmington, a large part of the Whiskey Creek Watershed will be annexed. By the time the Whiskey Creek Watershed is established, the City will have annexed a majority of the district and the watershed will be subject to the City’s regulations and programs. The following recommendations were presented: •Identify sources of funding. •Continue to develop a Comprehensive Stormwater Management Program. •Develop rules and regulations to prevent future flooding problems. •Prioritize improvement projects and coordinate the work with other agencies. •Consider establishing a County Stormwater Department. •Pursue the regional pond options for resolving the flooding problems at Hidden Valley. Either option, modifying the ponds in Crosswinds or developing a regional pond, will provide the same level of service to persons with flooding problems. In concluding the report, Mr. Dawson offered to answer any questions. Discussion was held on the availability of adjacent property for developing a regional pond. Mr. Dawson responded that the adjacent land was owned by the N. C. Department of Transportation; however, no discussion will occur with NCDOT until the Board decides on which option to pursue. Commissioner Birzenieks asked why the State permitted undersized ponds. Mr. Dawson responded that the State met the 1 to 1 ½ inch initial runoff requirement. At that time, ponds were designed to address pre-development and post-development runoff. Also, when these permits were issued by the State, the agencies did not coordinate their efforts. If coordination had occurred, the culverts in the roads would have probably been enlarged, and the downstream property owners would have been approached. Chairman Caster asked residents of the area if they were willing to pay $26 per month to resolve the drainage problems in Hidden Valley and Crosswinds. A positive response was received from approximately 10% of the persons in attendance. Mr. Joel Pickett, a resident of 125 Dunn Place Drive, advised that he had moved from Cheyenne Trail approximately 25 years ago to get away from flooding; however, as a resident of Middle Sound Loop Road, he finds that the same problems are occurring in North Hills, Treasure Cove and North Bend subdivisions. The N. C. Department of Transportation replaced the drainage culverts under Dunbar Road and North Hills Drive in the Spring of this year; however, the creek running behind the subdivisions contains debris from Hurricane Fran and the water cannot flow into the culverts. He requested the Board to perform a snag and drag project in this area. Chairman Caster expressed appreciation to the residents for attending the meeting and he stated that Staff would be scheduling another presentation by W. K. Dickson, Inc. at 7:00 p.m.so residents working can attend and hear the options for resolving drainage problems in the Masonboro area. ADDITIONAL ITEMS Update on the Equestrian Ring at Hugh MacRae Park Chairman Caster requested Parks Director Neal Lewis to briefly comment on the newspaper article regarding the Equestrian Ring at Hugh MacRae Park . He expressed concern for the article stating that the last Azalea Festival Horse Show would be held at Hugh MacRae Park. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 640 Park Director Lewis reported that he was out-of-town when the article was published. He advised that discussion was held with the Horse Council of the Lower Cape Fear about the need to have a larger and safer site for the equestrian ring. The Ogden Park site was mentioned, but no time frame for making any changes or moving the ring to Ogden Park was discussed. He assured the Board that all events scheduled will be held at Hugh MacRae Park. Chairman Caster expressed appreciation to Director Lewis for explaining that a meeting had been held with the Horse Council of the Lower Cape Fear. DEVELOPMENT OF COMPREHENSIVE DRAINAGE REGULATIONS County Engineer Wyatt Blanchard advised that W. K. Dickson, Inc. was selected as the engineering firm to develop comprehensive drainage regulations for New Hanover County. After discussing the scope of work and negotiating with the firm, a contract has been prepared in the amount of $83,000 for W. K. Dickson, Inc. to develop drainage regulations. The work should be completed by August 2000. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to award the contract to W. K. Dickson, Inc. in the amount of $83,000 to develop comprehensive drainage regulations for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Davis requested Mr. Dawson to keep the Board informed about the progress being made on development of the regulations so the Board can respond to the public when contacted. Commissioner Birzenieks requested Mr. Dawson to move as quickly as possible and stated if special meetings are needed, he would be glad to attend. Commissioner Davis commented on the City’s annexation and he asked if staff from the City of Wilmington needed to be involved in the process. Mr. Dawson responded that dialogue with the City of Wilmington has been included in the scope of work. He stressed the importance of communicating with the City during the process. Commissioner Howell commented on the study performed by W. K. Dickson, Inc., and he asked if documentation of the size and frequency of rain events had been included in the study. Mr. Dawson advised that the recurrence of rain events was predictable through calculations that were performed during the study. Unfortunately, flooding problems will continue to occur in the County during rain events. A copy of the contract is on file in the Legal Department. UPDATE ON OTHER DRAINAGE PROJECTS County Engineer Wyatt Blanchard reported that two contractors have quoted prices and another contractor will submit a price today for the Runnymeade, Walnut Hills and Heritage Park drainage projects. Once a meeting is held next week with the Corps of Engineers and the projects are approved, the work will begin. It does not appear that there will be a problem with receiving approval from the Corps. In concluding the report, County Engineer Blanchard said that residents have worked with other residents to obtain the easements necessary to perform the drainage projects. Very few residents have refused to provide easements. At this time, Staff feels the projects are going well. Vice-Chairman Greer asked if cleaning out the ditch for Mr. Joel Pickett, the resident living on Middle Sound Loop Road, had been included on the list of drainage projects. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 641 County Engineer Blanchard explained that Staff has prioritized the projects based on areas where flooding actually occurred in the residences; therefore, the subdivisions referenced by Mr. Pickett have not been included on the list. Vice-Chairman Greer requested County Engineer Blanchard to place the creek behind Mr. Pickett’s home on the list. County Engineer Blanchard said that his name would be placed on the list. Commissioner Howell asked if the flood elevation had been marked where flooding occurred so this information would be available for future reference. County Engineer Blanchard responded that pump stations were the only places where the flood elevation had been marked. STATUS REPORT ON AIRLIE GARDENS County Manager O’Neal reported on this being a new venture for New Hanover County and noted that it was impossible for Staff to foresee the organizational policies and issues that would be needed to develop Airlie Gardens. The purpose for requesting the Board of County Commissioners to consider changing the name of the Airlie Foundation Board to the Airlie Foundation Board of Trustees is to reflect the expansion of the functions of this group. The Trustees will serve as the major fund raising group and also be responsible for formulating draft use policies to be reviewed and approved by the Board of County Commissioners. Staff is in the process of preparing use projections and possible facility needs to be discussed with the Synthesis Architect team, who is the firm developing the design and scope of work for the Airlie Gardens Master Plan. County Attorney Copley requested the Board to allow the legal documents to remain in the current name to avoid having to file this change with the Secretary of State. Chairman Caster advised that he attended two meetings with Mr. Bob Martenis, Chairman of the Airlie Foundation Board, Dr. Bruce Williams, Commissioner Davis, and County Manager O’Neal to discuss the name change. It was the feeling of the group that adding the Board of Trustees would better reflect the responsibilities assigned to the Airlie Foundation Board. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to change the name of the Airlie Foundation Board to the Airlie Foundation Board of Trustees and to approve the expanded responsibilities of this group. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF REMOVING THE FENCE AT AIRLIE GARDENS Chairman Caster reported that the Board of County Commissioners voted to see if the fence could be moved further back from Airlie Road. He said after visiting the site, he feels the fence cannot be moved further back. He requested the Board to decide whether the fence should remain in its present location or be removed and used at another location. Vice-Chairman Greer stated that the action taken by the Board of County Commissioners was to remove the fence along the side of Airlie Road and allow the fence at the main entrances to remain in place with some type of black chain link fence weaving through the brush no less than 10 feet off Airlie Road. Chairman Caster stated that if the fence is moved more than 10 feet back, a problem will be created with disturbing wetlands; therefore, a chain link fence will have to be placed behind the vegetative line where it will not be seen from the road, and at the same time provide the needed security for Airlie Gardens. Commissioner Birzenieks suggested moving the fence from the road, leaving the portion of the fence at the entrances to Airlie Gardens, and then deciding whether to store or place the remaining fence behind the vegetation. He noted at the last meeting, the Board selected the firm of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 642 Synthesis Architect to develop the Airlie Gardens Master Plan; therefore, he would suggest asking Synthesis if the fence should be placed behind the vegetation. County Manager O’Neal suggested requesting Synthesis to address where the fence should be located as the first part of the contract planning process. Commissioner Birzenieks responded that the fence should be removed tomorrow with the exception of the portion around the entrances to Airlie Gardens. Commissioner Davis suggested turning the arches inward at the top of the fence around the entrances to see if they will be more attractive. He also expressed concern for security once the fence is removed, and he urged Staff to move as quickly as possible to place a fence around the area to protect Airlie Gardens. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to remove the existing fence except for the portions around the entrances into Airlie Gardens, turn the arches inward, and store the remaining fence until a recommendation has been received from Synthesis on where to locate the fence. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice-Chairman Greer asked if an agreement had been reached with St. James Church. County Attorney Copley responded that Staff was in the process of obtaining the final easements, and this item should be placed on the agenda for the December 6, 1999 meeting. APPROVAL OF FIXED FEE CONTRACT AND PAYMENT PLAN WITH CORRVANTIS, INC. FOR CHILD SUPPORT SERVICES County Attorney Copley reported that a draft contract has been forwarded to the Board. She advised that time was of the essence, and she requested the Board to authorize the Legal Staff to continue to negotiate the contract to address some performance standards that will require input from the Department of Social Services, Finance Director, and Mr. Jeff Lossee, the attorney representing Corrvantis. County Attorney Copley informed the Board that the amended contract from Corrvantis, Inc. was not received until this morning, and she stated the following actions can be taken: (1) authorize the Legal Department to negotiate the contract and allow the Chairman to execute the contract documents; or (2) defer action on the contract and place it on the agenda for December 6, 1999. Finance Director, Bruce Shell, advised that a fixed fee contract has been agreed upon in principal with Corrvantis for child support enforcement services. Currently, Corrvantis owes New Hanover County $371,000. This amount will be deducted from the fixed fee contract over the remaining eight months of the contract. Corrvantis has requested that TANF (State Temporary Assistance for Needy Families) funds in the amount of $76,000 be applied to the money owed to New Hanover County. Staff is concerned about not having a written document from the State to show that Corrvantis will receive $76,000. Therefore, the position of the County is to apply the $76,000 when the funds are received. As of this morning, Corrvantis has agreed to wait until the $76,000 has been received before the County can deduct this amount of the money due. Finance Director Shell stressed the importance of the Board understanding that the County can proceed with the fixed fee contract through the end of June with performance standards and termination clause issues to be negotiated. Financially, the payment period will be extended over a period of eight months to allow TANF funds to be applied to the money owed by Corrvantis to the County when the funding is received. Chairman Caster requested an explanation of the differences in the numbers being presented today from those two weeks ago. Finance Director Shell said there is no real difference in numbers. After meeting with member of staff from the Legal Department, Finance Department, and Department of Social Services NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 643 to review the contract, there was disagreement on the language in the contract pertaining to the termination clauses and other issues. It does not appear the parties are that far apart; however, the contract was not received from Corrvantis until this morning. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to authorize the Chairman to execute the contract once the County Attorney is satisfied with the final negotiations of the contract. Commissioner Birzenieks expressed concern for last minute changes being made to the agreement by Corrvantis and stated he felt this was an inappropriate way to treat the Board. He said he would not support the motion. Discussion followed on who was changing the contract. County Attorney Copley advised that the draft contract was forwarded to Corrvantis last week. The proposed changes to the contract, marked in black by Corrvantis, were just received this morning. These are the issues that are of concern to Corrvantis, such as the termination clause and performance standards. Commissioner Davis stated that he would vote against the motion because he was not in favor of the contract at the beginning of the process. Mr. Jeff Lossee , the attorney representing Corrvantis, said the reason for the e-mail with the attached document not being received by the County on Saturday afternoon was the lack of a hyphen in the County’s e-mail address. However, it appears both parties are 97% in agreement. He explained that New Hanover County requested and received from Corrvantis a copy of the Buncombe County contract and the previously proposed New Hanover County fixed fee contract. These documents were e-mailed to the County prior to the meeting two weeks ago. After that meeting, the County e-mailed the draft documents on Wednesday of the past week and it was directly forwarded to Dennis Corriveau and Attorney Byron Smith to work out the details. Attorney George Rountree, III is acting as a facilitator to complete this process. Attorney Smith and Mr. Corriveau met on Saturday to work on the draft contract, which was e-mailed to the County on Saturday afternoon. In closing, Mr. Lossee said there are minor differences in the contractual language, and all parties understand that the Department of Social Services needs to be involved in the performance standards. The other important issue is that, as of the close of business today, given the money owed by Corrvantis to New Hanover County under the previous contract and the money owed by New Hanover County to Corrvantis, there is a $50,000 differential that New Hanover County owes to Corrvantis. With Corrvantis being cash strapped, the company needs payment of the money as soon as possible so they can continue to work. As far as the draft contract is concerned, the details could be completed today or by next week. Commissioner Davis asked Mr. Lossee if he was saying that New Hanover County owes Corrvantis $50,000 more than what this company owes New Hanover County. Mr. Lossee responded this was correct. Finance Director Shell advised that Mr. Lossee was referring to money that is due today. Attorney Copley informed the Board that she was not comfortable with writing a check for $50,000 without receiving approval from the Board. Chairman Caster expressed concern for being confused and asked if the County owes Corrvantis $50,000. Finance Director Shell explained that New Hanover County owes Corrvantis $275,000 in payments for the length of the contract. Corrvantis owes the County $225,000 for the portion due, which is a difference of $50,000; however, Corrvantis will still owe $371,000, which will be paid by Corrvantis over a period eight months under the fixed fee contract. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 644 Chairman Caster commented on this being a reasonable solution and asked if it would not be logical to pay Corrvantis the $50,000. Finance Director Shell said this was reasonable; however, Staff feels it would not be prudent to release funds until a contract has been negotiated. Mr. Lossee said the key to the problem is the $50,000 difference between the $275,000 and $250,000 under the old contract. With Corrvantis being strapped for cash, it is not acceptable for the company to move forward and try to tie the payment under the old contract into the new contract. Chairman Caster asked Staff if Corrvantis was providing services as contracted to the citizens of New Hanover County. County Attorney Copley responded that no information has been received to indicate that services are not being provided. Chairman Caster said there is a motion on the floor to authorize the Chairman to execute the contract once the County Attorney is satisfied with the final negotiations of the contract. He asked Vice-Chairman Greer if he wanted to include the $50,000 payment in the motion. Vice-Chairman Greer said that he did not feel the $50,000 payment should be included in the motion, but if the Board feels the payment should be made, this should occur. Finance Director Shell agreed with exchanging checks, but stated that Staff prefers to wait until the contract has been resolved. County Attorney Copley said that an agreement should be reached on the contract within the next two days. Commissioner Birzenieks stated, for the record, he was going to vote in opposition to the motion for the sake of consistency and philosophical matters; however, this action does not reflect a lack of confidence in Staff or the members of the Board. MOTION to authorize the Chairman to execute Chairman Caster called for a vote on the the contract once the County Attorney is satisfied with the final negotiations of the fixed based contract. Upon vote, the MOTION CARRIED by a 3 to 2 vote as follows: Aye:Commissioner Howell Vice-Chairman Greer Chairman Caster Nay:Commissioner Birzenieks Commissioner Davis STATUS REPORT ON INSTALLATION OF GENERATOR TRANSFER SWITCHES AND GENERATORS AT EMERGENCY SCHOOL SHELTERS County Manager O’Neal reported that cost estimates have been received from Carolina Power & Light Company (CP&L) and engineering firms to install generator transfer switches and generators at the emergency school shelters. Staff feels that investment in the generators and transfer switches will insure the safety and protect the public health for citizens who are sheltered during emergency events. County Manager O’Neal informed the Board that FEMA funds have been received to install generator transfer switches for the shelters. If the Board decides to use FEMA money for installing transfer switches, the generators can be rented with 100% reimbursement from FEMA. This appears to be the most cost effective approach. However, another way to approach the project is to use county funds to purchase the generators and install transfer switches at the shelters to allow the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 645 equipment to be in place at all times. Staff has spent a great of time discussing the best approach to this problem, and it is felt a better procedure should be in place. County Engineer, Wyatt Blanchard, reported that in August 1999, CP&L notified Staff of the need to alter the process used for powering generators at shelters during emergency events. CP&L said they would no longer support the current procedure after 1999. Under the current procedure, it takes 6 to 10 hours to hook up one generator. Once this project is completed, it will take only 30 to 45 minutes to hook up one generator with a manual transfer switch. Vice-Chairman Greer asked if FEMA would pay for the rental generators prior to the hurricane event. Director of Emergency Management, Dan Summers, responded that FEMA funding on hand was received for installation of transfer switches that were applied for after Hurricane Fran. The funding agreement at that time states that funds must be used for the installation of manual generator transfer switches at hurricane evacuation shelters and the school office where the large freezer is housed. FEMA will reimburse the County 100% for rental items, but FEMA will not reimburse the County for the contingency contract that guarantees delivery at a particular period of time. FEMA will not authorize the purchase of generators, but it does include the generator transfer switches. The County has been successful in receiving reimbursement for rental items. County Manager O’Neal said the CP&L cost for the generator and transfer switch includes maintenance of the generators. Director Summers advised that as Director of Emergency Management, he would like to budget funds over a two to three year period to place a permanent generator in one or two schools to handle disaster events without lead time, such as a hazardous materials event. The County does have a small fleet of portable generators that can be used for immediate response; however, the installation of transfer switches is critical, and FEMA funds are available to pay for this portion of the project. Health Director, David Rice, commented on being glad to know that FEMA funding was available to install transfer switches, and he reported that the current procedure places residents in shelters and Health Department Staff operating the shelters in difficult and sometimes dangerous situations. He advised that the most critical point of time in activating a shelter is the first 24 hours; therefore, it would be wise to provide a turn key operation with generators in place at the shelters. This procedure would allow Staff to receive residents more quickly in a much better environment. He stated on November 3, 1999, a memorandum was forwarded to the Board of County Commissioners informing each member that the Board of Health, Health Director, and Health Department Staff were in favor of providing emergency power by energizing the existing main switchboard through manual transfer switches at each emergency shelter. He requested the Board to consider an option that will provide emergency electrical power to the shelters before the beginning of the 2000 hurricane season. Vice-Chairman Greer, the County Commissioner serving on the Board of Health, advised that the Board of Health and Staff are concerned about the lack of electrical power or poor quality of power that is provided to emergency shelters. Frequently, sheltered persons are walking around in the dark among a cross-section of the population, which has caused dangerous situations for the people staying in the shelter as well as Staff. The major concern of the Health Department is to install transfer switches so large generators can be connected to the shelters. Vice-Chairman Greer noted that a contract is in place for the County to lease generators as needed. Once the generators are delivered, the equipment is not usable without transfer switches; therefore, he would recommend installing the transfer switches as soon as possible. When the generator contract is renewed to provide them on a standby basis, consideration should be given to purchasing one or two generators for the shelters. However, when the County purchases a generator, County Staff will be responsible for maintenance which will require starting the generator every two NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 646 weeks to be sure the equipment is working. If the County continues to rent generators, no maintenance will be required and the rental cost will be reimbursed by FEMA. Discussion followed on the importance of installing transfer switches in the new schools. Emergency Management Director Summers advised that a commitment had been made by the Board of Education to install transfer switches in all new schools. He also said that purchasing one or two generators along with rental generators will provide more flexibility and increase the number of shelters, which will be more acceptable to FEMA because they have been concerned about the number of shelters compared to the population in New Hanover County. Vice-Chairman Greer asked if FEMA funds are used to install the transfer generator switches and the County leases generators, will this guarantee that shelters used during the next hurricane season will have power. Director Summers responded that FEMA funds are available and a project manager has been identified to proceed with installing the transfer switches. Vice-Chairman Greer requested Staff to coordinate the installation of generator transfer switches at the new schools because he was surprised to learn that the last two newly constructed schools did not have transfer switches. County Manager O’Neal advised that he would write a letter to the Superintendent of Schools about coordinating this effort so there would be a written record of this commitment. Motion: Commissioner Howell MOVED to authorize Staff to expend FEMA funding to install generator switches at Codington, Eaton, Johnson, and Trask shelters. Director Summers commented on the need to re-evaluate some of the buildings and he requested the motion to reflect that transfer switches will be installed in the appropriate evacuation shelters and vital facilities. Amended Motion: Commissioner Howell amended the motion to authorize Staff to proceed to install generator transfer switches at the appropriate shelters with the cost being paid by FEMA funding, continue to lease generators for future emergency events with the rental cost being reimbursed by FEMA, and plan to purchase one or more generators when the current generator contract expires. Discussion followed on purchasing one generator. County Manager O’Neal stated this was an option, but County funds would be used to purchase the generator. Further discussion was held on the cost of leasing generators. Director Summers advised that the cost for leasing generators should decrease by the year 2000 because of the frequency of storm events and the fact that more companies are participating in the bidding process. County Engineer Blanchard noted that the price quoted by CP&L was a lease price over a period of years at a certain percentage rate. Commissioner Howell requested removal of the lease portion of the motion. Amended Motion: Commissioner Howell amended the motion, SECONDED by Vice-Chairman Greer, to authorize Staff to proceed to install generator transfer switches at the appropriate shelters with the cost being paid by FEMA. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Caster called a break from 11:55 a.m. until 12:05 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 647 CONTINUANCE OF TAX APPEAL SUBMITTED BY THE CAPE FEAR RUGBY FOOTBALL CLUB UNTIL THE DECEMBER 6, 1999 MEETING OF THE BOARD OF COUNTY COMMISSIONERS Chairman Caster announced that the Cape Fear Rugby Football Club has requested the Board to hear the tax appeal on December 6, 1999. Consensus: It was the consensus of the Board to continue the Cape Fear Rugby Football Club tax appeal until December 6, 1999. STATUS REPORT AND CONCEPTUAL DRAWINGS FOR JAIL SITE AND DEVELOPMENT OF BLUE CLAY ROAD SITE County Project Engineer, Greg Thompson, presented a conceptual drawing showing the facilities that could be placed on the 288 acre tract owned by the County on Blue Clay Road. He stressed the importance of everyone understanding that no discussion has occurred with the Sheriff or any other group. The drawing showed combined judicial and jail functions on the eastern side of the property and the location of the proposed soccer complex. Two access points will be established to provide a separate road to the judicial facility and a separate road to the soccer complex. The soccer complex will be comprised of 12 fields with room for expansion. County Manager O’Neal advised that the County has two opportunities for development of the Blue Clay Road site. The site can be used for the new jail and a soccer complex. He noted that Cape Fear Community College has offered the use of the North Campus for development of six soccer fields; however, at a future date, CFCC will need the land for further expansion. If the County places 12 soccer fields on the Blue Clay Road site, the County will be in control of the development and use of the property. Over a period of time, development of 12 fields will save money. Chairman Caster requested Park Director, Neal Lewis, to comment on the commitment made to the Soccer Association for the provision of fields. Parks Director Lewis responded that when the Soccer Association presented short and long range goals, the idea of a soccer complex was a long range goal without any commitment by the County. Discussion followed on whether the County should place the soccer fields on the Blue Clay Road site instead of the Cape Fear Community College North Campus. County Manager O’Neal explained that County funds would be better spent on developing soccer fields at the Blue Clay Road site. The Community College offer is benevolent, but there will be a termination date on the use of the fields in the future. Commissioner Davis, the County Commissioner serving on the Cape Fear Community College Board of Trustees, advised that use of the North Campus by the County for soccer fields has been endorsed by a committee; however, at the meeting to be held on Thursday, the Board of Trustees will consider this recommendation. If the County does not want to use the land, he would not be in favor of the Trustees voting on this issue. Deputy County Manager Atkinson commented on the need to delineate wetlands before making a decision because the results could change the plan for developing the site. Commissioner Davis reminded the Board that the purpose of the request to use the land at the North Campus was to provide emergency relief to the soccer teams. County Manager O’Neal commented on the need to wait for the delineation of wetlands and stated Staff needs direction from the Board. There is the possibility of using the North Campus for immediate relief to soccer teams and developing the soccer complex on the Blue Clay road site for long term use. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 648 Commissioner Davis stated that since there is no guarantee that soccer fields can be placed on the Blue Clay Road site, he will request the CFCC Board of Trustees to approve the offer for use of the North Campus and explain to them that fields may be developed on the Blue Clay Road site. This will leave the option open for the County. Commissioner Howell expressed concern for location of the North Campus and Blue Clay Road sites because of the distance that will have to be traveled to access the sites. County Manager O’Neal responded that a large portion of the area has been developed. With the NorthChase Subdivision and the continued growth in this vicinity, the soccer fields will be used. This should reduce the use of other fields in the county. Discussion followed on the length of time involved with the soil testing. Project Engineer Thompson advised a contract was being negotiated, which should not take a great deal of time. Staff is trying to identify wetland areas and will perform a Phase I environmental assessment of the site to determine where the jail can be placed. The soil borings will determine the type of design and construction needed on the site. This information should be available in four weeks. Vice-Chairman Greer asked if construction had started on the soccer fields for the Eaton School site and if the lease agreement had been signed. Parks Director Lewis responded that bids are being received on fill dirt and grading for the Eaton site. County Attorney Copley advised that the lease had been executed by the Board of Education. Vice-Chairman Greer requested Staff to move forward as quickly as possible with developing the Eaton School soccer fields. Parks Director Lewis noted that Staff was moving forward with the Eaton School and Castle Hayne sites. Also, emphasis is being placed on moving forward with the Veterans Park site. Chairman Caster reminded the Board that the Soccer Association has agreed to assist with the funding of a soccer complex. After further discussion, Staff was directed to continue to pursue the development of the Blue Clay Road site and the CFCC North Campus site. Once the soil borings and delineation of wetlands have been completed, the County will know where buildings can be placed. County Manager O’Neal advised that the Board would be informed about the process of the site work. AWARD OF CONTRACT TO SCS ENGINEER, PC TO PERFORM A LANDFILL GAS UTILIZATION FEASIBILITY STUDY Director of Environmental Management, Ray Church, reported that within the next few years, the New Hanover County Landfill will be required to convert the existing passive landfill gas system to an active system to meet the new Clean Air Act requirements. New Hanover County has an opportunity to take a pro-active position to evaluate the current and potential landfill gas by joining the EPA Landfill Methane Outreach Program (LMOP) to match landfill gas producers with potential users. The LMOP research determined that a potential project exists to use landfill gas as a fuel source for KOSA, formerly Hoechst Celanese. A request for proposals was developed by Staff, and two landfill gas development companies were interviewed. Natural Power proposed that the County invest $750,000 as a capital project to develop the landfill gas collection system and pipeline to KOSA with a payback from the sale of gas in 5 to 7.5 years. There was an annual operation and maintenance fee of $61,495 to $153,738 which is tied to the price of fuel. Neither Staff nor KOSA felt that such an investment should be made without additional information. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 649 SCS Engineers, PC proposed that a feasibility study should be performed to evaluate the current collection system at the Landfill, install additional gas wells for gas volume, BTU value, and quality determination as well as look at on-site power generation versus running the pipeline to KOSA. The study will also determine the funding scenarios to include public ownership/funding, private ownership/funding, or a joint ownership/funding. The sale of air emission credits will be evaluated. In closing, Director Church requested the Board to award a contract to SCS Engineers, PC in the amount of $51,893 to perform a landfill gas utilization feasibility study. Commissioner Howell asked if other landfill gas collection systems were operating successfully throughout the country. Director Church responded that landfill gas collection systems are successfully operating in Fayetteville, Raleigh, Greensboro and Winston-Salem. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to award the contract to SCS Engineer, PC in the amount of $51,983 to perform a landfill gas utilization feasibility study and to authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. APPROVAL OF BUDGET OBJECTIVES FOR FY 2000-2001 Budget Director, Cam Griffin, presented the following budget objectives: •Incorporation of the multi-year Capital Improvement Program as an integral part of the annual budget process. •Adoption of a pay philosophy and strategy that will ensure market competitiveness in recruitment and retention of qualified employees in this economy. •Concentration on the infrastructure and operational requirements of the Enterprise Funds. The Water & Sewer operation and Environmental Management operation should meet the growth needs of the County. •Maintain the tax collection rate of at least 98 percent. •Maintain a strong undesignated, unreserved fund balance equal to at least 16.7 percent of the total General Fund budget. •Continue a customer service orientation of County employees through training in service, efficiency, and effectiveness to provide high quality citizen-oriented services in a caring manner. •Uniformity in permitting and regulatory policies. •Maintenance and enhancement of the County’s high quality of life through coordination of planning efforts, focusing on efforts to reduce crime. •Implementation of welfare reform programing that effectively moves clients toward self- sufficiency. •Maintain a reasonable tax rate with a commitment to address priorities while containing expenses. •Improve communication and planning efforts with the Board of Education concerning school funding. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 650 Chairman Caster commented on bullet four and stated that conversation is being held with the Chamber of Commerce on the need to provide technology that will better inform the citizens about the activities of County government. Commissioner Birzenieks commented on bullet eleven and asked what was a reasonable tax rate. Budget Director Griffin responded that the Board will be responsible for determining a reasonable tax rate by providing the necessary services at the lowest tax rate. Commissioner Davis stated, for the record, he does not want to raise the tax rate for FY 2000-2001 other than for bond issues voted on by the citizens. Commissioner Birzenieks stated if it is the desire of the Board not to raise the tax rate other than for bond indebtedness, this should be established as a goal that will save time and effort for Staff. County Manager O’Neal responded that the bond indebtedness with the schools has the component of operations and maintenance, which is costly. Also, any new facilities will require additional funds for operation and maintenance. Vice-Chairman Greer expressed concern for the cost of government growing more than the inflation rate, and he stated this should not happen. Chairman Caster agreed and stated the Board must be careful not to make promises when hearing funding requests unless funding is available. Commissioner Birzenieks requested an explanation of the 16.7 percent undesignated fund balance. Budget Director Griffin advised that the County was below the 16.7 percent figure. Discussion followed on having an adequate undesignated fund balance to maintain the County’s current bond ratings. County Manager O’Neal explained that no magic percentage rate was needed to maintain bond ratings. Other items such as the economy and diversity of industry in the community are considered. Staff tries to maintain a 16.7 percent, which is two months of operation, as the undesignated fund balance. Commissioner Birzenieks commented on the upcoming greenspace bond referendum and he expressed concern for the undesignated fund balance dropping below 16.7 percent. Deputy County Manager Atkinson explained that the Local Government Commission requires a fund balance of 8 percent and stated that New Hanover County far exceeds this rate by trying to maintain a 16.7 percent fund balance. Consensus: After further discussion, it was the consensus of the Board to accept the budget objectives and amend them if necessary after the Budget Retreat. Chairman Caster expressed appreciation to Budget Director Griffin for the presentation, and he urged the Board to think about how to prioritize the various needs of the County for the upcoming budget. COMMITTEE APPOINTMENTS Appointments to the Nursing Home Community Advisory Committee Chairman Caster announced that three vacancies exist on the Nursing Home Community Advisory Committee and three applications have been received with Joan Barbara Apke and Shirley O. Mason being eligible for reappointment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 651 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to appoint Joan Fisk to serve an initial term of one year on the Nursing Home Community Advisory Committee with the term to expire November 30, 2000 and to reappoint Joan Barbara Apke and Shirley O. Mason to serve three-year terms with the terms to expire November 30, 2002. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reported that Mr. Ed Grace, who has faithfully served on the Nursing Home Advisory Committee for a number of years, has to resign because his mother is now in a nursing home and he is no longer eligible to serve on the committee. He informed Ms. Lucie Harrell, the Clerk to the Board, that a letter of resignation should be received within the next week. Vice-Chairman Greer stated that he is a member of the Aging Committee for the North Carolina Association of County Commissioners, and reported that an effort is being made by this group to change the law so a member of the Nursing Home Community Advisory Committee can continue to serve on the committee if a member of the family is placed in a nursing home. This committee member would not be able to be involved with a nursing home where a relative was a resident, but that member could assume other duties assigned to the Nursing Home Community Advisory Committee. Appointments to the Juvenile Crime Prevention Council Criminal Justice Partnership Advisory Board Chairman Caster announced that vacancies exist in three categories on the Criminal Justice Partnership Advisory Board. Representatives are needed from the faith community, business community, and at-large categories. Chairman Caster opened the floor to receive nominations. Commissioner Birzenieks nominated Pastor Bo Baker as a representative of the Faith Community Category. The nomination was seconded by Vice-Chairman Greer. Vote: Upon vote, the Board voted unanimously to appoint Pastor Bo Baker to serve a 3-year term as a representative of the Faith Community Category on the Juvenile Crime Prevention Council Criminal Justice Partnership Advisory Board. The term will expire September 30, 2002. Vice-Chairman Greer nominated Joseph D. Thornton, Jr. as a representative of the Business Community Category. Vote: Upon vote, the Board voted unanimously to appoint Joseph D. Thornton, Jr. to serve a 3-year term as a representative of the Business Community Category on the Juvenile Crime Prevention Council Criminal Justice Partnership Advisory Board. The term will expire September 30, 2002. Commissioner Birzenieks nominated Dorothy S. DeShields as an At-Large representative. The nomination was seconded by Chairman Caster. Vote: Upon vote, the Board voted unanimously to appoint Dorothy S. DeShields to serve a 3-year term as an At-Large representative on the Juvenile Crime Prevention Council Criminal Justice Partnership Advisory Board. The term will expire September 30, 2002. Chairman Caster commented on the number of qualified candidates and he requested Deputy County Manager Atkinson to see if more members can be appointed to serve on the Advisory Committee. Deputy County Manager Atkinson responded that many of the vacancies are specifically designated by General Statutes for appointments of persons, such as a District Attorney or Judge. There are very few open-ended appointments being made today. Expertise is needed in the area of juvenile justice. He stated he would be glad to review the General Statutes to be sure the positions are in the correct categories and to determine if additional members can be appointed; however, after NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 652 reading through the Statutes and discussing the matter with the Clerk’s office, the categories listed and number of members appointed appear to be correct. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 1:01 p.m. until 1:36 p.m. ADDITIONAL ITEMS Reminder of Meeting of the Wilmington Historic District Commission Commissioner Howell reminded the Commissioners of the need to attend the meeting of the Wilmington Historic District Commission this afternoon at 5:30 p.m. in the Conference Room located rd on the 3 floor of the old BB&T Building. He requested Deputy County Manager Atkinson to comment on the need to receive approval of the site plan for the Judicial Building expansion. Deputy County Manager Atkinson urged the Commissioners to attend the meeting. He informed the Board that the plan had been submitted to the Wilmington Historic District Commission two times with continuance until the plan can be modified to meet the criteria of the Commission. The District Attorney and Judges have also been invited to attend. Commissioner Howell reported that at the last meeting, the Commission made comments about downsizing the project by removing a floor from the proposed building. With the size of the building site and need for additional space, it would not be prudent to remove one floor. The support of the Commissioners, Judges, and District Attorney is needed to get this point across to the Commission. Report on Financial Condition of Hospitals Across the State and Country Commissioner Birzenieks reported on reading an article in the Charlotte Observer where a hospital in Columbia, South Carolina, lost $26,000,000 last year and the medical facility is in the process of eliminating 300 positions. It appears that New Hanover Regional Medical Center is not the only hospital having to make tough decisions. Chairman Caster said while he was in New York, he heard a news report where a hospital was in the same situation and was cutting positions, with a large percentage being nurses. He said that similar problems were being experienced with morale and other issues. Joint Meeting with the Board of Education Rescheduled Chairman Caster reported that the Board of Education has a conflict with the joint meeting scheduled for November 30, 1999 at Hoggard High School, and would like to reschedule the meeting for December 14, 1999. Consensus: After discussion, it was the consensus of the Board to reschedule the joint meeting with the Board of Education on Tuesday, December 14, 1999, 6:00 p.m. at Hoggard High School in the media room. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of Submitting Projects to the Federal Hazard Mitigation Grant Program Deputy County Manager, Dave Weaver, reported that last week a letter was received from Dr. Gavin Smith, Assistant Director for Mitigation, North Carolina Division of Emergency Management, requesting the County to submit projects for the Federal Hazard Mitigation Grant Program. If agreeable with the Board, this letter will be circulated to the Department Heads to see if there are any projects to be submitted. Any projects received will be reviewed by Staff and forwarded to the N. C. Division of Emergency Management before the November 19, 1999 deadline. After discussion, the Board agreed to authorize Staff to proceed with this process. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, NOVEMBER 15, 1999 PAGE 653 Waiver of Permit Fees for Placement of Travel Trailers to House Victims of Hurricane Floyd County Manager O’Neal advised that the State is requesting local departments and health departments to waive the permit fees for placement of travel trailers for persons who have been displaced as a result of Hurricane Floyd. In New Hanover County, it is anticipated that approximately 20 inspection permits in the amount of $680 and 140 Health Department fees in the amount of $2,800 will need to be waived. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to waive the fees as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Motion: Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 1:45 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board