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2000-01-19 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 725 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Wednesday, January 19, 2000, 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 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. He announced the meeting date had been changed from Tuesday to Wednesday due to an unexpected snow storm. Commissioner Ted Davis, Jr. arrived late. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew J. Atkinson, gave the invocation. Vice-Chairman Greer 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. Request from Mr. Berry A. Williams to Pursue Consolidating City and County Governments Mr. Berry A. Williams, former Mayor of the City of Wilmington and former member of the Board of County Commissioners, reported on previous attempts to consolidate City and County governments. He stated after being in government for 40 years and giving a great deal of thought to this issue, he feels both governments should be consolidated for the benefit of all citizens. He urged the Board to write a letter to Mayor David L. Jones requesting the City Council to join in with the County to appoint a Consolidation Commission to study and prepare a charter for consolidating City and County governments. Chairman Caster expressed appreciation to Mr. Williams for bringing up this issue and stated that he was in the process of drafting a letter to Mayor Jones about holding a joint meeting to discuss consolidation and other issues of mutual interest. Concern Expressed by Residents of Woods Edge and Greenbriar Subdivisions Regarding Future Approval of a Special Use Permit for Location of a Day Care Facility Near These Communities Ms. Martha Taylor, a resident of 4702 Woods Edge Drive, expressed appreciation to the Board for denying a Special Use Permit submitted by Nobel Learning Communities, Inc. on January 3, 2000, to locate a day care facility on South College Road near the Woods Edge and Greenbriar communities. She informed the Board that residents of the area are extremely concerned about the developer constructing the elementary school as allowed by right and then requesting a Special Use Permit at a later date to construct a day care facility on the site. Ms. Taylor presented a handout that was downloaded from the Nobel Learning Communities, Inc. website that showed this company operates private schools in various states as commercial enterprises for profit; therefore, their concept of education is twofold: a business as well as a learning experience. Nobel targets its programs toward working families providing educational services and day care 365 days a year from 6:00 a.m. until 6:30 p.m. The normal school day for elementary public schools is 6 to 7 hours per day for approximately 9 months a year. If a Special Use Permit is required before a day care facility can be located on a site, the same regulations should be required for operating a private elementary school that provides 12 hours of care per day on a year-round basis. With existing traffic congestion and potential flooding in surrounding communities, the residents feel that construction of the elementary school is not compatible to the area, and the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 726 is being requested to reject this project in its entirety and deny any other required permits to the developer. Chairman Caster expressed appreciation to Ms. Taylor for her remarks, and he asked the County Attorney to provide a written response to this request. APPROVAL OF CONSENT AGENDA Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED by a 4 to 0 vote. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Regular MeetingDecember 6, 1999 Regular MeetingJanuary 3, 2000 Special MeetingDecember 20, 1999 Adoption of Resolution Awarding Contract #00-0208 to Camp Dresser and McKee for the Design, Permitting, and Construction Quality Assurance Management of the Constructed Wetland Treatment System at the New Hanover County Landfill The Commissioners adopted a resolution awarding a contract in the amount of $120,000 for design, permitting, and construction quality assurance management of the Constructed Wetland Treatment System at the New Hanover County Landfill. The Department of Environmental Management obtained funding from the Clean Water Management Trust Fund in an amount of $785,000 in April 1999 to construct wetlands for the treatment of landfill leachate. Funds in the amount of $243,500 for the required County match are available in the Environmental Management Fund Balance. Authorization for the Health Department to Submit a Grant Application to the University of North Carolina Chapel Hill Department of Maternal and Child Health for the Quality Enhancement for Infants and Toddlers-Child Care Health Program The Commissioners authorized the Health Department to submit a grant application in the amount of $48,210 to the University of North Carolina Chapel Hill Department of Maternal and Child Health for the Quality Enhancement for Infants and Toddlers-Child Care Health Program. The funding will be used to hire an additional child care health consultant to provide comprehensive services to all child care facilities, homes and centers in New Hanover County to insure the health, nutrition, and safety of infants and toddlers in out-of-home child care facilities. The County Manager was authorized to accept the grant if awarded and prepare the associated budget amendment to be placed on a future agenda. Authorization for the Sheriff’s Department to Submit a Grant Application to the Governor’s Crime Commission to Secure Funding for the Purchase of Mobile Data Terminals The Commissioners authorized the Sheriff’s Department in cooperation with the County Fire Service and New Hanover Regional Medical Center to submit a grant application in the amount of $79,504 to purchase 10 Mobile Data Terminals to increase the ability of public safety agencies to communicate in the event of a critical incident. If the grant is awarded, a local match of $26,501 will be required and funds can be appropriated from the 911 surcharge. The County Manager was authorized to accept the grant if awarded and prepare the associated budget amendment to be placed on a future agenda. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 727 Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports Through November 30, and December 31, 1999 The Commissioners accepted the following Tax Collection Reports through November 30 and December 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 XXVI, Page 1. Release of Value - Tax Department The Commissioners approved requests from the following taxpayers for the Senior Citizen/Disability Exclusion. Applications and letters explaining the late filings are available upon request in the Tax Department. Berry, Shirley M.$20,000 Bordeaux, Mamie P$20,000 Burton, Birdly Lee Elsie$20,000 Conklin, Ronald and Virginia L$20,000 Dowdy, Joann Platt$20,000 Fitzgerald, Carol H.$ 1,903 Henderson, Sharon E.$20,000 Jackson, Lula$20,000 Jinwright, Samuel Etal. Life$20,000 Joe, Robert Lee and Margaret$20,000 Johnson, Henry Lee Etux.$20,000 Johnson, Lucille Etal.$20,000 Justice, Dawn Manning Etal.$20,000 Lovett, Reuben L. Jr. and Donnie$20,000 Ludwig,Geraldine$20,000 Maiwald, Evelyn R.$20,000 Millington, Hazel J.$20,000 Moore, Thelma A.$20,000 Niksic, Hazel$20,000 O’Shields, Ethel J.$20,000 Parker, Emma C.$20,000 Pittman, Noland B.$20,000 Rhedrick, Harrie Leroy$20,000 Rhodes, Gertrude G.$20,000 Shavers, Bernice Life Estate$20,000 Sims, A.F. Pernell B. $20,000 Sutton, Margaret$20,000 Ward, Charles H. and Bobby J.$20,000 Wright, Johnny C. and Hattie S.$20,000 The Commissioners approved requests from the following taxpayers for release of the late listing penalties due to it being their first offense or that they listed on time in another county: Buchter, Keven$ 5.03 Filipowski, Raymond B.$ 8.32 Moyer, James$ 36.33 NC Air & Travel, LLC$2,825.40 Stallings, Alber$ 115.75 Watson, Doug$ 397.50 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 728 The Commissioners approved delinquent applications for exemption from the property tax for the following organizations: Cape Fear Youth SoccerB0990B105 Chestnut Street Presbyterian ChurchR04813-027-004-000 First Baptist Church of Carolina BeachR08818-020-002-000 R08818-020-003-000 Little Chapel on the Boardwalk Presbyterian ChurchR05720-027-017-000 R05720-027-012-000 R05720-027-005-000 Lutheran Outdoor MinistriesR09405-007-002-000 Roman Catholic Diocese of RaleighR05405-014-006-000 South Atlantic Conference of Seventh Day AdventistR05410-006-017-000 Wilmington/New Hanover Community Development CorporationR04809-018-007-000 R04809-018-008-000 R04809-018-006-000 R04809-018-009-000 R04809-020-003-000 R04809-020-007-000 Approval of Budget Amendment #2000-17-Environmental Management-Landfill/Solid Waste Construction Project The Commissioners approved the following Budget Amendment: Budget Amendment #2000-17-Environmental Management-Landfill/Solid Waste Construction Project ADJUSTMENTDEBITCREDIT Solid Waste Construction Capital Project Transfer to fund 700 $66,761 Capital Project Expense$66,761 Environmental Management-Landfill Transfer in from Fund 720$66,761 Other improvements$66,761 Purpose: to budget transfers in (Fund 700) and transfers out (Fund 720) as a result of a decrease in a change order to Ground Improvement Techniques. This contract was originally funded with a fund balance appropriation from Fund 700. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES County Manager O’Neal requested the following person to step forward to receive a retirement plaque: Patricia S. LaneySocial Services27 years, 4 months Chairman Caster, on behalf of the Board, presented a retirement plaque and expressed appreciation to Ms. Laney for her years of dedicated service to New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 729 PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Robert C. GlasgowTax5 years Michael R. MaloneIT5 years Paul J. SusieTax5 years William C. ClontzIT10 years William D. ShiverTax10 years William F. OakesTax10 years Chairman Caster, on behalf of the Board, presented service awards to these employees and he expressed appreciation to them for their years of service. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: Jessica Nakell, Health Department Charlotte Norris, Health Department Yolanda Hitko, Health Department Hattie Moore, Inspections Department Debra Pittman, Legal Department Linda Campbell, Department of Social Services Joelle Bevelacqua, Department of Social Services Melinda Kea, Department of Social Services Alison Ferguson, Department of Social Services Chairman Caster, on behalf of the Board, welcomed the new employees to County Government, and he wished them success in their new positions. ITEMS 4 AND 5 RESCHEDULED DUE TO CHANGE IN MEETING DATE County Manager O’Neal announced that recognition of the Cooperative Extension Service for receiving the Search of Excellence Awards for Administration and Leadership Excellence and Resource Development has been rescheduled. He advised that Dr. Williams and members of Staff could not attend the meeting because the date was changed from January 18, 2000 to January 2000 and they had already committed to attending a Cooperative Extension Service meeting in Raleigh on the 19th. ADDITIONAL ITEMS Adoption of Cape Fear Community College (CFCC) North Campus Project Ordinance for Community Soccer Complex County Manager O’Neal, reported that the North Campus of Cape Fear Community College has emerged as the best location for development of a soccer complex. The site will accommodate several soccer fields, parking, restroom/concession building and storage building. A long-term lease agreement will be negotiated between Cape Fear Community College and New Hanover County. County Manager O’Neal spoke on the need to move forward with the project, and he requested the Board to adopt a Capital Project Ordinance in the amount of $150,000 for the estimated cost of design and engineering services. Vice-Chairman Greer advised that the Parks and Recreation Advisory Board held a lengthy meeting last month and discussion was held on the need to move forward with developing soccer fields. After learning that the proposed location for the soccer fields on the Blue Clay Road property was involved with wetlands and that a majority of the remaining property would be needed for the new Jail, the Advisory Board felt that New Hanover County should move forward with using the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 730 CFCC Campus site and hire an engineer to prepare the design phase for development of the soccer fields. He said if the greenspace bond referendum is approved by the voters in May, bond proceeds can be used to complete the soccer fields; however, if the bond issue should fail, the Board will have to decide on how to fund the project. Motion: After discussion of the need to move forward with the project, Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt a Capital Project Ordinance in the amount of $150,000 for the design phase of developing soccer fields on the CFCC Campus site and approve the associated budget amendment. Upon vote, the MOTION CARRIED by a 4 to 0 vote. A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 1. Budget Amendment #2000-19 - Community Soccer Complex Capital Project AdjustmentDebitCredit Community Soccer Complex Transfer In from General Fund $150,000 Capital Project Expense $150,000 Commissioners Appropriated Fund Balance $150,000 Transfer to Capital Projects $150,000 Explanation: To establish a budget for the Community Soccer Complex according to the Capital Project Ordinance. Commissioner Birzenieks expressed concern for the criticism being received by the Commissioners for not moving forward with providing additional soccer fields when the Board has approved development of fields at Eaton Elementary School, Ogden Park, Veterans Park, and the Cape Fear Community College North Campus. The Commissioners have also approved placing a $45,000,000 greenspace bond referendum on the May 2, 2000 ballot. He said after reading the newsletter from the Cape Fear Soccer Association, he was disappointed with the remarks, which in his opinion, were not correct or fair to the Commissioners. Mr. Jim Braswell, President of the Cape Fear Soccer Association, noted that some of the comments were harsh but stated he felt they were justified. He stressed the importance of the Commissioners understanding that these remarks were not intended for the members of this Board because they have tried to address the problem; however, in the past, these requests fell upon deaf ears. Acceptance of Offer by the N. C. Department of Transportation to Purchase 1020 North Third Street Building Deputy County Manager Atkinson reported that construction of Smith Creek Parkway will impact the County’s property at 1020 North Third Street. He advised that the N. C. Department of Transportation has offered to purchase the property for $120,750. This figure is above the appraised value assigned by the Tax Appraisal Office. If the Board approves the purchase, the documents will be signed and a closing date will be established within 90 days. The building will have to be vacated by July 2000. Currently, the New Hanover Transportation Services program is being operated out of this building, and Staff is in the process of finding another location. Deputy County Manager Atkinson requested the Board to consider the offer of purchase made by the N. C. Department of Transportation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 731 Vice-Chairman Greer stated the offer from the N. C. Department of Transportation was a windfall for the County because a number of years ago, the ABC Board gave this property to the County when that store was closed. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to accept the offer of $120,750 from the N. C. Department of Transportation to purchase 1020 North Third Street from the County and authorize the Chairman to execute the necessary documents. Upon vote, the MOTION CARRIED by a 4 to 0 vote. Adoption of Order Regarding Annual Rate Adjustment Request Filed by Time Warner Cable for the Wilmington Division in New Hanover County County Attorney Copley reported that Time Warner Cable has submitted an FCC 1240 Annual Maximum Permitted Rates form and an FCC 1235 Abbreviated Cost of Service for the Cable Network Upgrade form. After a review of the forms by the County’s cable consultant, Action Audits, LCC , it was found that the Basic Service Tier rate was excessive by $.02 and the Add-on Network Upgrade charge was excessive by $.01. Since New Hanover County is the franchising authority, the County must approve or deny the Basic Service Tier and the Add-on Network Upgrade charges as either reasonable or unreasonable. To be valid, the order must be executed following the conclusion of public comments. County Attorney Copley noted that no public hearing was required; however, the Board must adopt the order finding that the maximum permitted Basic Service Tier rate, inclusive of the Add-on Network Upgrade Charge for Timer Warner Subscribers in New Hanover County, for the calendar year 2000 shall be $6.26. Time Warner must adjust its Basic Service Tier MPR and Add-on Network Upgrade Charge as well as refund overages to its customers prior to calculating and submitting its rate filing for 2001. The County must also retain its authority to issue refunds or rate roll backs after the initial 90-day review period with respect to the restructured rate set out in the FCC 1240 filing. Chairman Caster expressed concern for this item not being advertised so the public and Time Warner could comment on the action requested. County Attorney Copley responded that Time Warner should be allowed to comment on the order. Since the deadline for filing the order with the FCC is January 31, 2000, and the Board does not have another meeting until February 7, 2000, she would suggest approval of the order subject to allowing Time Warner to comment on the proposed rate reductions. Vice-Chairman Greer commented on the $6.29 listed in the summary and he asked if this figure should be changed to $6.26. County Attorney Copley responded that the $6.29 should be changed to $6.26. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to adopt the order requesting the Basic Service Tier rate, inclusive of the Add-on Network Upgrade Charge for Time Warner Subscribers in New Hanover County, to be reduced to $6.26 per month for the year 2000 subject to allowing Time Warner to comment on the proposed rates. Upon vote, the MOTION CARRIED by a 4 to 0 vote. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 2. PRESENTATION ON SEABREEZE COMMUNITY CENTER Mr. James Bryant III, President of the Seabreeze Community Center, commented on Seabreeze being an historic site that should be preserved, and he read the following extract from the book entitled, Strength Through Struggle: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 732 In the 1920's the Freeman family developed a recreational area along the Intracoastal Waterway that was named Seabreeze. It became one of only two beaches where black people could go for recreation during the years of segregation. Black families would come from all over the State to play at Seabreeze. The first building was constructed in 1922. By the mid 1940's, the area was almost fully developed. A pier accommodated fishermen and crabbers. There were several hotels, one of which was three stories tall, and a row of cottages, which were used for overnight stays for people unable to drive cars. There were cafes which served delicious clam fritters that only cost a nickel. The proprietor of Barbecue Sam’s Restaurant kept a pigpen in his back yard to supply his open pit. There were dance halls and popular bingo and dice playing parlors. At several photographers’ shops, visitors could have their pictures made as souvenirs of their vacations. Seabreeze also had a small amusement park that featured rides, such as ferris wheels and hobby horses. Mr. Bryant requested the Board to appropriate $1,000,000 to purchase 26 acres of land around the Center so this historic site can be preserved and a new building and park can be built to provide programs to residents of all ages living in the area. Vice-Chairman Greer advised that if the greenspace bond referendum is passed by the voters on May 2, 2000, this would be an ideal project for use of the bond proceeds. Discussion was held on the possibility of obtaining a federal grant for the project. County Manager O’Neal responded that Staff would be glad to check into this matter and report back to the Board. Chairman Caster expressed appreciation to Mr. Bryant for bringing this issue to the attention of the Board, and he stated that Staff will check into the availability of federal and state grants to assist with funding this project. He stated that Representative Danny McComas was also interested in preserving this historic site. PRESENTATION OF AUDIT FOR FISCAL YEAR ENDING JUNE 30, 1999, BY SAM ROSE, PARTNER WITH MCGLADREY AND PULLEN, LLP Mr. Sam Rose, partner with McGladrey and Pullen, LLP, and Finance Director Bruce Shell presented the following report on the Audit for the Fiscal Year Ended June 30, 1999. Major Initiatives: ? General Obligation Bond Issues Public Schools: County voters approved a public school bond issue of $39.9 million in 1994, and 100 percent of these bonds have been sold. In 1997, the voters approved a school bond issue in the amount of $125 million, and $14 million of these bonds were sold in July 1998. The County will sell $55 million of the remaining $111 million of unissued bonds in January 2000. These funds are provided for the construction and renovation of school facilities. A major construction project underway consists of a new school complex at Veterans Park consisting of an elementary school, middle school, and high school. The high school is scheduled to open in the fall of 2001 to help with relieving overcrowding in the existing four high schools. Cape Fear Community College: County voters approved a Cape Fear Community College (CFCC) bond issue of $13.9 million in 1994, and 100 percent of these bonds have been sold. In 1997, the voters approved a CFCC bond issue in the amount of $38.3 million, and $10 million of these bonds were sold in July 1998. The County will sell $14 million of the remaining $28.3 million of unissued bonds in January 2000. The 1994 bonds were matched by State funds for the purpose of land purchase, building renovations, and construction of three new buildings. The 1997 bonds proceeds will provide for development of a satellite campus in the northern part of New Hanover County, purchase of additional land, and additions to the main downtown campus. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 733 ? Purchase of Airlie Gardens Airlie Gardens: The County purchased Airlie Gardens, a 67.5 acre garden located on the Intracoastal Waterway and Bradley Creek near Wrightsville Beach, at a purchase price of $10.5 million. The County anticipates spending approximately $2 million for land improvements and equipment to develop Airlie into a year-round gardens. ? Judicial Facilities and Jail Studies Judicial Facilities and Jail Studies: Studies have been conducted to address overcrowding in the jail facilities and other County buildings including required space for the State-operated judicial system. Capital Project Ordinances have been approved in the amounts of $7.4 million for judicial space and $8.1 million for administrative offices for new construction and/or renovation of existing facilities. The 138 North Fourth Street facility was leased and renovated to provide space for the Juvenile Justice activities. This is a 20-year lease with an option for the County to purchase the building at its discretion. ? Y2K Many technology issues have been addressed during the year, especially the implementation of the Year 2000 compliant software systems. Most notable of these Y2K items are the jail and Emergency 911 systems for the Sheriff’s Department, water and sewer billing, and accounts receivable software. Other initiatives include automation of the Register of Deeds Office and Sheriff’s records system, both of significant benefit to County employees and the public. Charts were presented with explanation of the following items: General Fund Revenues and Expenditures: Total revenues increased $13.9 million for a total of $151.7 million for 1998-99. This represents an increase of 10.06 percent. Tax revenues increased 6.52 percent due to an increase in the tax base of 6 percent and an increase in sales tax revenues in the amount of 7.5 percent. The property tax rate for 1998-99 at 66.5 cents per $100 of appraised value did not change from the previous year. Intergovernmental revenue increased by 25.32 percent due to federal funds received under the Federal Emergency Management Act (FEMA) as a result of Hurricane Bonnie in August 1998. FEMA funding received for 1998-99 was $3.6 million. Charges for services decreased primarily due to the transfer of Emergency Medical Services to New Hanover Regional Medical Center on July 1, 1998. Installment financing was $1.5 million as compared to $1.1 million the previous year. Transfers increased 80.94 percent over the previous year. An amount of $3.3 million was transferred from the School Capital Project to reimburse the general fund for the school’s portion of a $5.5 million land acquisition. Additionally, $2.1 million was transferred from the emergency telephone system fund to the general fund to upgrade the 911 System. Total expenditures increased 16.04 percent over the previous year. Human Services expenditures increased 13.96 percent due to increases in child-related social services; Health Department services increased 9.6 percent; and transportation services increased. In 1998-99, the County began accounting for transportation activities of all county agencies comprising the Transportation Human Services System. In prior years, only the County’s portion was included. Public safety increased 12.20 percent due to increases in the Sheriff’s Department. Education increased 13.30 percent because of increased funding to Cape Fear Community College. The 92.44 percent increase in debt service is due to recent CFCC bond sales, first-time installment debt payments, and reclassification of installment debt payments previously classified under general government. Transfers increased 22.57 percent due to increases in funding of public schools and transfer to various capital projects. Fund Balance - General Fund: The County is aware of the importance of maintaining a strong fund balance, and it is committed to holding at least 2 months of operating expenditures or 16.7 percent in the undesignated fund balance. To ensure meeting this goal for the current fiscal year NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 734 ending June 30, 2000, the County Commissioners did not appropriate any fund balance. The State’s minimum standard is 8 percent. Although the undesignated fund balance grew by over $4 million, the County’s total general fund balance decreased by $427,003 in the fiscal year ending June 30, 1999. The undesignated increase is due to a reduction in prior year receivables for interfund loans from capital projects pending the sale of related debt in July 1998. A lengthy discussion followed on the fund balance. Commissioner Birzenieks emphasized the importance of keeping a strong fund balance to maintain the County’s bond rating, which will provide substantial savings to the taxpayers. Finance Director Shell agreed with Commissioner Birzenieks and stated that with continued growth in the overall County budget each year and the debt service, it will be critical for the County to maintain its fund balance. Capital Projects Expenditures: The expenditures for capital projects in Fiscal year 1998-99 totaled $38,985,173. The primary sources of financing these projects are general obligation bonds and installment loan proceeds. The expenditure mix for capital projects is as follows: Public Schools31% Cape Fear Community College 30% Water & Sewer27% Solid Waste 5% Facility Renovations 4% Parks 2% Other 1% Mr. Sam Rose informed the Board that New Hanover County was in a sound financial condition and had operated within the parameters of budget regulations. He advised that the audit went extremely well; however, on Pages 195 and 196, there were two findings of non-compliance that Staff was in the process of resolving. He requested the Board to read these pages. In concluding his comments, Mr. Rose complimented the Finance Director and Staff for the cooperation and effort given to prepare the annual audit. Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Rose and Finance Director Shell for the informative financial report. PRESENTATION BY DISTRICT ATTORNEY JOHN CARRIKER TO UPDATE THE BOARD OF COUNTY COMMISSIONERS ON NEW PROGRAMS District Attorney John Carriker reported that the 1999 Session of the North Carolina General Assembly authorized a Bad Check Program in Pender and New Hanover counties. The purpose of the program is to collect worthless checks in a more timely manner and alleviate the need to prosecute each worthless check case. The program provides an opportunity for the bad check passer to avoid criminal prosecution. He expressed appreciation to the Board for the support given to implement new programs that have allowed cases to move more quickly through the courts and better serve the public. District Attorney Carriker also expressed appreciation to the Board for providing the necessary technology to better communicate with the public. Under the website, a person with a computer can check court schedules, updates on the Bad Check Program, insurance points for driving offenses, etc. The availability of this information helps the public to better understand the court system, and it has reduced the number of people coming in and out of court offices. Discussion followed on other programs or items that can be implemented to further improve the court process. District Attorney Carriker advised that more prosecutors were needed to handle the workload. He requested the Board to encourage the legislators to increase the number of prosecutors provided to the court systems. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 735 Vice-Chairman Greer expressed appreciation to Deputy County Manager Atkinson for the time and effort given to coordinate the efforts between the District Attorney and the County in implementing these programs. ADOPTION OF RESOLUTION TO CONDUCT A PROPERTY REVALUATION IN THE YEAR 2004 AND EVERY FOUR YEARS THEREAFTER Tax Administrator, Robert Glasgow, reported the Tax Department conducted an eight-year revaluation effective January 1, 1999. Due to hurricanes during the past three years, the revaluation scheduled for January 1, 1997, had to be delayed for two years. Because of this delay, it is now proposed that the next revaluation be effective January 1, 2004, and every four years thereafter. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to adopt a resolution to conduct the next revaluation effective January 1, 2004, and every four years, thereafter, and direct the Clerk to promptly forward a copy of the resolution to the N. C. Department of Revenue. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit XXVI, Page 1. Discussion was held on the need to update property values as frequently as possible in order to avoid large increases in property values at one time. Deputy County Manager Atkinson asked if New Hanover County could take a random sampling of property values every year and increase values based upon those figures. Tax Administrator Glasgow explained that State law prohibits counties from raising property values based on a small sampling. ACCEPTANCE OF UPDATE ON THE FEMA HAZARD MITIGATION GRANT PROGRAM (HMGP): VOLUNTARY BUYOUT PROGRAM FOR NEW HANOVER COUNTY Chris O’Keefe reported that New Hanover County received 75 completed applications for the Buyout Program. Of the 75 applications, the following action has been taken: ? 2 applicants did not want to participate. ? 7 applications are currently under review by the Inspections Department for substantial damage or verification of more than 5 feet of flooding. ? 13 applications did not receive enough damage to qualify for the Buyout Program. ? 11 applications were not in the flood zone and will need re-mapping. ? 1 application had insufficient information. ? 8 applications have met the initial FEMA HMGP Phase I guidelines with 3 more to be included because of substantial damage. ? 8 of the 11 houses meeting Phase I guidelines, are located in Candlewood Subdivision in the Murrayville area. ? 3 applications are contiguous to areas receiving substantial damage and can be included. In concluding the report, Planner O’Keefe advised that the Planning Department anticipates that all properties except for the two applicants that did not want to participate will be submitted to FEMA Hazard Mitigation Grant Mitigation Buyout Program under Phase II and Phase III. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 736 Chairman Caster expressed appreciation to Planner O’Keefe for the report, and he requested Staff to move forward as quickly as possible with carrying out this program because people who have suffered severe damage cannot reorganize their lives until a decision is rendered about whether their properties will be purchased. COMMISSIONER TED DAVIS, JR. ARRIVED AT 10:50 A.M. Commissioner Ted Davis, Jr. arrived at 10:50 a.m. because he had court cases that could not be rescheduled from January 18 to January 19, 2000. PRESENTATION AND UPDATE ON COMMUNITIES THAT CARE AND OTHER PROGRAMS Mr. John Ranali, representing Communities That Care, reported this was an organization designed to bring together the entire community to treat problems that exist with adolescent behaviors. This has been accomplished by involving representatives from law enforcement, City and County governments, health and human services, local schools, hospitals, businesses, industries, and faith communities to work together to provide better access for local resources. Ms. Pat Tate stated that her role was to implement a skills bank to improve access to information and bring agencies together to reduce the duplication of services. Quarterly meetings are held with approximately 60 agencies to discuss what is happening in the community and what services are needed. She advised that over100 presentations have been made by the group and 175 presentations have been scheduled for future dates. In concluding her comments, Ms. Tate expressed appreciation to the Board for allowing her to appear before the Board to discuss the mission of Communities That Care. Mr. Ranali reported that a County, City or University must sponsor grants before they can be submitted to the Governor’s Crime Commission. He requested the Board to sponsor filing of the following grants applications: ? Safe Start and Safe Schools: These programs deal with violence in middle schools. No grants were received for the Safe Schools Program, but it is anticipated that the federal government will offer grant funding in the spring. The Board was requested to support this grant when the application is re-submitted. The Safe Start Program is still being considered for a grant award. ? Information and Technology: Grant funding is being requested to implement a Children and Family Safety.Net website to establish an informational data base to function on the Internet to target children and students from ages 5 to 12. This technology will allow the group to perform a better job of coordinating the kinds of treatment for children or teenagers with no duplication of efforts and to provide for better case management of the services through efforts of law enforcement, Social Services, the Southeastern Center, the School System, and Office of Juvenile Justice. ? Conflict Resolution: The Conflict Resolution Program is under the category of Juvenile Justice Intervention. This program provides youth with skills to deal with conflicts in a non- violent manner. ? Teen Anger Management Program: This program is offered by the Family Services of the Lower Cape Fear. This is a clinically based treatment program that helps children and youth to get rid of their anger. ? Stay Up While You Are Out Program: This program is offered by the Local Chapter of the IN-AGAPE Foundation. It offers alternatives to suspension for children from grades 6 through 12. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 737 ? Juvenile Sex Offender Program: This program is under Juvenile Justice Intervention and deals with juvenile sex offenders through programs offered by the Southeastern Center and Department of Social Services. ? Youth Arts Program: This program is offered by DREAMS to serve youth from 6 to 18 years of age to utilize performing and visual arts for adjudicated youth to develop social competence to build interpersonal relationships. By positive modeling with adults in their lives, these skills can be developed. ? Intensive Family Based Intervention Program: This program is offered by the Institute for Family Centered Services/FAMILIES FIRST. This program targets families with youth at risk for becoming involved with the court system. Groups work with parents to provide the needed skills to nurture their children. ? Youth Fitness and Anti-Drug Programs: These programs are part of Juvenile Justice Prevention which are administered by the YMCA. The group works with children 12 to 17 years of age, particularly in the Creekwood and Willow Pond area, to provide role models to teach them about the danger of drugs and the need to become physically fit. ? Outreach Reach Case Management Program: This program is administered by the Wilmington Health Access for Teens. The group provides services to students at the Lakeside School. The case worker will go to the home and interact with parents to find out why the child is having a problem so appropriate services can be provided. In concluding the presentation, Mr. Ranali requested the Board to sponsor the grant applications so they can be submitted to the Governor’s Crime Commission by January 31, 2000. Deputy County Manager Atkinson reported that the Juvenile Crime Prevention Council by State Statute must review the grant applications to be sure grant funds will be used to meet unmet needs in the community before being recommended to the Governor’s Crime Commission. He apologized for the lack of time for the Board to review the grants and stated that next year, the grants would be submitted to the Board at least two months in advance. Vice-Chairman Greer strongly objected to being asked to sponsor grants that have not been seen or reviewed. As a County Commissioner, he asked how he could act responsibly with no documentation. Deputy County Manager Atkinson said the lack of coordination between the State, Governor’s Crime Commission and Juvenile Crime Prevention was the reason for the short time frame as well as the October 1 fiscal year for the federal government. He advised that next year the company hired by the county to write grant applications will closely monitor the availability of federal grants and work with the County in submitting grants in a timely manner. Vice-Chairman Greer suggested writing a letter to the proper officials to request time for the Board to review the grants before submitting them to the Governor’s Crime Commission. Mr. Ranali, explained that notification about submission of grant applications was not received until the later part of November. It is anticipated that next year, grant applications will be received two months in advance rather than two weeks in advance. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to approve submission of the grant applications as requested by Communities That Care. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11:07 a.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 738 Chairman Caster reconvened to Regular Session at 11:31 p.m. UPDATE ON DRAINAGE ITEMS County Engineer, Wyatt Blanchard, reported that progress has been made in obtaining additional easements for the Runnymeade drainage project; however, more easements must be secured before the project can begin. The residents of the community have become involved and are assisting County Staff in obtaining easements. It is hoped this process will be completed within the next few weeks. County Engineer Blanchard reported that W. K Dickson, Inc. was in the process of compiling a list of concerns and issues that need to be addressed by the Board in the development of the comprehensive drainage regulations. Once this list is completed, the Board will need to discuss these items with W. K. Dickson, Inc. and Staff. ADDITIONAL ITEMS Announcement of Elected Officials Summit County Manager O’Neal announced that an Elected Officials Summit is being sponsored by the Council of Governments on January 27, 2000, from 8:30 a.m. until 10:00 a.m. in the Assembly Room of the New Hanover County Courthouse. He stated this was a follow-up to the summit held last fall at UNCW regarding growth in the community. Elected officials from Brunswick County, Columbus County, Pender County and New Hanover County attended and participated in the event. Announcement of Invitation from Manor House to Attend a Luncheon Chairman Caster reminded the Board of the invitation from Manor House requesting the Commissioners to attend a luncheon on January 24, 2000, at 12:00 noon to discuss how assisted living fits into the health care system to bridge the gap between independent living and nursing homes for senior citizens. Discussion of Budget Retreat Chairman Caster requested the Board to decide on the time schedule for the Budget Retreat to be held on Friday, February 11, 2000 and Saturday, February 12, 2000. He stated that in the past the retreat started on Friday, 12:00 noon until 5:00 p.m. and on Saturday from 8:30 a.m. until 12:00 noon. Commissioner Davis asked if there was any reason why the Board would not meet for eight hours on Saturday. County Manager O’Neal stated that Staff would be glad to meet all day on Saturday. Chairman Caster noted it would be nice to have Saturday afternoon off. Consensus: After discussion of having Saturday afternoon free, it was the consensus of the Board to begin at 12:00 noon on Friday with lunch and meet until 5:00 p.m. and begin at 8:30 a.m. on Saturday and meet until 12:00 noon. Discussion of Scheduling Breakfast Meetings with the Municipalities Chairman Caster reported that discussion has been held about scheduling breakfast meetings with the municipalities on a regular basis. He requested the Board to consider the date of February 10, 2000 for the first meeting. Vice-Chairman Greer stated that he would not be able to attend a meeting on February 10, 2000. Consensus: After discussion, it was the consensus of the Board to request the Clerk to contact the municipalities to schedule a breakfast meeting. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 739 Authorization for the Chairman to Write a Letter to Mr. John Hennessy Regarding the U. S. Highway 117 Project (R-130) Vice-Chairman Greer reported that a Wayne County Commissioner is requesting the Board to write a letter to Mr. John Hennessey, Director of the N. C. Division of Water Quality, to support issuing a 401 permit to begin construction of the U. S. Highway 117/I-795 road project. He advised that the plan had been in existence for a number of years, and the N. C. Department of Transportation was ready to move forward with the project; however, a representative from Durham County has requested that another route be explored. Vice-Chairman Greer commented on the proposed route benefitting the State Port as well as bringing tourism in New Hanover County, and he requested the Board to authorize the Chairman to write a letter of support for completing the U. S. Highway 117/I-795 as proposed. Consensus: It was the consensus of the Board to authorize the Chairman to write a letter of support for the U. S. Highway 117/I-795 project to Mr. John Hennessey and request the N. C. Division of Water Quality to issue the 401 permit to the N. C. Department of Transportation so work can begin on the project. Discussion of Litter Enforcement Officers Vice-Chairman Greer advised that a few months ago, he heard one of the two deputies assigned to enforce the Litter and Illegal Dumping Ordinance had been removed from this duty. He asked County Manager O’Neal if one or two deputies were currently assigned to enforce the ordinances. County Manager O’Neal responded that he could not answer this question, but he would be glad to check with the Sheriff and report back to the Board. Discussion of Extending Hours at the New Hanover County Landfill on Saturday Vice-Chairman Greer reported that currently the Landfill is open from 8:00 a.m. until 12:00 noon on Saturday. He advised that numerous people have requested increasing the hours until later in the afternoon to allow people to load trucks in the morning and bring them to the Landfill that afternoon. He asked if Staff had addressed this issue. County Manager O’Neal reported that past discussion has been held with Environmental Management Director Church about increasing hours of operation on Saturday. With limited Staff at the Landfill, it appears that one or two positions will be needed if this action is approved. Deputy County Manager Dave Weaver reported that the Solid Waste Advisory Board will be presenting recommendations for litter control and trash collection within the next month. He advised that the Board may want to discuss this issue at that time. Commissioner Howell spoke in favor of increasing the hours of operation on Saturday at the Landfill to better accommodate the citizens and reduce illegal dumping. He also suggested that Staff check into the possibility of locating remote trash pick-up sites throughout the County to better serve the public. County Manager O’Neal noted that most rural counties use remote trash pick-up sites; however, this method of disposal is discouraged in large counties unless the service is contracted out to a private company. Introduction of New Public Relations Intern Public Information Officer, Mark Boyer, introduced Patrick D’Auria, as the new Public Relations Intern. He stated that Patrick was a Senior at UNCW majoring in Communications. Adoption of Resolution to Submit a Grant Application to the Governor’s Crime Commission for the Community Mediation Center Ms. Dolores Williams, a member of the Community Mediation Center of Cape Fear, Inc. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 19, 2000 PAGE 740 commented on the need to reduce violence by educating youth, and she requested the Board to adopt a resolution to approve submission of a grant application to the Governor’s Crime Commission to be used for the Teen Leadership Experience and Teen Court programs. She advised that more money was needed to expand the program to include boys and girls. Deputy County Manager Atkinson informed Ms. Williams that pursuant to State Statutes the grant would have to be approved by the Juvenile Crime Prevention Council before it could be submitted be to the Governor’s Crime Commission. Motion: After discussion, Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to adopt a resolution to support submission of a grant application up to $120,000 to the Governor’s Crime Commission for the Community Mediation Center of Cape Fear, Inc. and authorize the County Manager to execute the grant documents if the grant is awarded. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 1. Discussion of Grant Awards Vice-Chairman Greer expressed concern for the procedure being used to place grants on the Consent Agenda. He noted that the Board is requested to approve filing of a grant with authorization for the County Manager to accept the grant if awarded and approve the related budget amendment. He suggested changing this procedure by bringing the budget amendment back to the Board for final approval. County Manager O’Neal explained that all budget amendments are presented to the Board for final approval. Deputy County Manager Atkinson advised that one of the first projects for Griffin Grant Writers will be to implement a smooth process for submitting and accepting grants in a timely manner. He stated the current procedure did need to be changed. Vice-Chairman Greer also objected to receiving items at the last minute with no opportunity to review the documentation. He stated in the future he will not vote for any issue without adequate time to review and study an item. He advised that decisions made by the Board at the last minute have frequently proven to be mistakes at a later date. Chairman Caster agreed with Vice-Chairman Greer and stated it was not fair to the members of the Board to be requested to approve an issue with no review of the item. ADJOURNMENT Chairman Caster called for a motion to adjourn the meeting. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 12:15 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board