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2000-02-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 741 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 7, 2000, at 6:30 p.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 Reverend Joseph Z. Windley gave the invocation. Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. The following items were presented: Request for Duck Haven Golf Course to be Acquired for Open Space Ms. Sue Bulluck, a resident of 102 Tanbridge Road, presented a packet of information that included petitions from 70 adjacent property owners who are opposed to the Wilmington City Council changing the existing residential zoning of a 239-acre tract of land on Eastwood Road known as Duck Haven Golf Course. She requested the Board to explore the possibility of purchasing this property from TF Holding Company to be used for an open space/greenspace/recreation area. She informed the Board that grant funding was available in the Clean Water Management Trust Fund to assist the County with acquiring the property. Ms. Bulluck advised that acquisition of this property will protect the headwaters of Bradley Creek, wetlands located behind the Duck Haven Golf Course, and prevent increased flooding in surrounding neighborhoods from possible future development of this site. She urged the Board to work with the Wilmington City Council and the State to protect this unusual piece of land which will help solve a major recreational space problem for families living in the northeastern part of New Hanover County. Chairman Caster, on behalf of the Board, expressed appreciation to Ms. Bulluck for bringing this matter to the attention of the Board and stated after the Commissioners have time to review the information presented, he will meet with her to further discuss this request. Request for Exemption From the State Moratorium on Opening Family Care Homes for the Deaf and Hard of Hearing Population Ms. N. Efoma Machupa, a resident of 3401 Chalmers Drive, asked the Board to request an exemption from the State moratorium on opening a My Children’s House exclusively for the deaf and hard of hearing in New Hanover County. She advised that under N.C.G.S., Chapter 131, Article I, the Board of County Commissioners can request an exemption from the moratorium. In concluding the presentation, Ms. Machupa stated if certification is granted by the State to open a home in New Hanover County, the deaf and hard of hearing population will have a facility that will teach the American Sign Language and meet other needs of this special population. After discussion of the law regarding moratoriums, the Board requested County Attorney Copley to review the legal aspects of the law and place this item on a future agenda, if appropriate. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 742 Discussion of the Need to Reduce the Size of County Government and Better Inform Citizens about Bond Issues Mr. George Swart, a resident from northern New Hanover County, challenged the Commissioners to study ways to control the size and scope of county government to reduce taxes instead of looking for new sources of revenue. He also expressed concern for the lack of information provided to the public about bond issues, and he requested the Board to inform the public about the dollar impact of existing bond issues on the property tax rate and the dollar impact of future bond issues on the property tax. He commented on the upcoming open space bond referendum and stated the public should be able to find information regarding how bond proceeds will be used and the impact of this bond issue on the property tax rate before voting on May 2, 2000. Chairman Caster agreed with Mr. Swart and noted that a Budget Retreat was being held on February 11 and 12, 2000 to discuss bond indebtedness and the impact of existing and future bond issues on the property tax rate. Mr. Swart requested the Board to broadcast this type of information on television stations so people will know the facts about a bond issue before going to the polls to vote. APPROVAL OF CONSENT AGENDA Chairman Caster referenced Consent Agenda Item 9.3 and reported that Mr. Wayne Pearce, a volunteer with Carolina Power & Light Company (CP&L), who has worked closely with the Emergency Management Department during hurricane events, received the CP&L Corporate Volunteer Service Award in the amount of $1,000. Chairman Caster announced that Mr. Pearce has generously donated this money to New Hanover County for the purchase of safety vests, first-aid supplies, and training materials for the Volunteer Search Team. He stated that Mr. Pearce was truly an example of how volunteers contribute to the betterment of our community. Chairman Caster asked if any members of the Board would like to comment on any items listed on the Consent Agenda. Vice-Chairman Greer requested discussion of Consent Agenda Items 2 and 3. Discussion of Consent Agenda Item 2 - Consideration of Awarding Contract #00-0101 to Jacobs Engineering Group, Inc. to Perform Four Major Projects at the WASTEC Facility Vice-Chairman Greer expressed concern for entering into a $75,000 contract with Jacobs Engineering Group, Inc. to perform projects at the WASTEC Facility when the Board has not made a final decision on how solid waste should be handled in New Hanover County. County Manager O’Neal requested Mr. John Hubbard, Plant Manager of the WASTEC Facility, to comment on the EPA time frame for upgrading boiler #3. Mr. Hubbard reported that time was of importance because boiler #3 will be out of EPA compliance on November 19, 2000. There are four projects involved with the WASTEC Facility upgrade, but the engineering firm hired will be instructed to focus on the emissions monitoring system and installation of an activated carbon injection system for boiler #3. Time will be needed to obtain the necessary EPA permits, prepare the drawings, evaluate the existing system, order materials, and prepare specifications for the project. This work will require at least 23 weeks, which means the contract should be in place by March in order to comply to the November deadline. Discussion followed on the need for the Board to move as quickly as possible to decide on how solid waste should be handled in New Hanover County. County Manager O’Neal requested the Board to schedule a Work Session to discuss the McGladrey and Pullen Audit Report on the operation of WASTEC and the Landfill as well as opinions from the Solid Waste Advisory Board. He suggested the date of February 17, 2000. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 743 Commissioner Birzenieks asked if this Work Session would be an appropriate time to bring in outside experts to discuss the solid waste issue. County Manager O’Neal suggested hearing the Audit Report before bringing in experts to discuss this matter. Consensus: After discussion of the need to address the solid waste issue as soon as possible, it was the consensus of the Board to schedule a Work Session on Thursday, February 17, 2000, at 12:00 noon and defer action on Consent Agenda Item 2 until after this meeting. Discussion of Consent Agenda #3 - Waiver of Film Location Fees on County Owned Properties Vice-Chairman Greer expressed concern for Airlie Gardens being omitted from the waiver of film location fees on County owned properties. He stressed the importance of supporting the film industry by waiving the fees and stated that Airlie Gardens should not be totally exempted. Commissioner Davis, the Commissioners’ representative on the Airlie Foundation Board, reported that the Foundation Board was in the process of formulating policies for the operation of Airlie Gardens and stated that filming on the premises and associated fees for the movie industry were being discussed. He stressed the importance of generating more revenue and advised that the Foundation Board was trying to develop a schedule that will allow Airlie to be closed certain days during the week so the movie industry could use the site. Vice-Chairman Greer noted that developing a schedule of this type would be appropriate and he suggested approving Consent Agenda Item 3 as presented with a decision being rendered on Airlie Gardens at a later date. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to defer action on Consent Agenda Item 2 until after the Solid Waste Work Session has been held on February 17, 2000, and to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes: Regular MeetingJanuary 19, 2000 Joint Meeting with Board of EducationDecember 14, 1999 Closed SessionNovember 1, 1999 Waiver of Film Location Fees for Certain County Owned Properties The Commissioners approved waiving film location fees for county owned properties with the exception of Airlie Gardens. Once the Airlie Gardens Foundation Board has developed a policy for filming on the premises, a final decision will be rendered by the Board. The Wilmington City Council has waived film location fees for all city owned properties with the exception of Thalian Hall and the Community Arts Center. Approval of Request to Dispose of Jury Cards for the Years 1995, 1996 and 1997 The Commissioners approved the request to destroy Jury cards for the years 1995, 1996 and 1997 as allowed by N.C.G.S. 9-7. Acceptance of Home and Community Care Block Grant Monies, Title 3F Funds, and Approval of Associated Budget Amendment #00-0106 The Commissioners accepted Home Care and Community Care Block Grant funding in the amount of $1,592, and Title 3F Grant funding in the amount of $463. The grant monies will be utilized to replace the home-delivered shelf stable meals used during Hurricane Floyd and to expand NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 744 the Senior Center Wellness Program. The local match of $253 for both grants has been appropriated in the FY 1999-2000 budget. Budget Amendment #00-0106-Aging/Senior Center/Nutrition-Home Delivered ADJUSTMENTDEBITCREDIT Aging/Nutrition-Home Delivered: Community Care Block Grant-Nutrition$1,529 Contracted Services-Meals$1,529 Aging/Senior Center: Title III-F Health Grant$ 463 Title III-F Health Grant$ 463 Explanation: To accept additional funds from the Home and Community Care Block Grant to be used for home delivered meals, and to budget additional funds from the Title III-F Health Grant to be used for Senior Center Wellness Programs. Approval of Fire Service Automatic Aid Agreement (Contract #00-0265) with Town of Carolina Beach The Commissioners approved an agreement with the Town of Carolina Beach that provides dual response by both fire departments to certain areas before and after the move to the new Federal Point Fire Station #91. It also includes subsequent annexations of the Fire Service District area by the Town. The agreement involves no funding from either side and is simply being initiated to assure effective service to all areas throughout the project. The County Manager was authorized to execute the necessary contract documents. A copy of the agreement is on file in the Legal Department. Adoption of Capital Project Ordinance for Federal Point Volunteer Fire Department and Approval of Associated Budget Amendment #2000-20 The Commissioners adopted a Capital Project Ordinance in the amount of $950,000 and approved the associated budget amendment to establish the capital project budget for the Federal Point Volunteer Fire Department #91. Revenues will come from a contribution of $250,000 from the Federal Point Volunteer Fire Department as a result of selling the existing fire station and $700,000 will be financed through an installment loan. Budget Amendment #2000-20-Federal Point Volunteer Fire Department Capital Project ADJUSTMENT DEBITCREDIT Contribution from Federal Point VFD$250,000 Installment Loan Proceeds$700,000 Capital Project Expense$950,000 Explanation: To establish project budget according to Capital Project Ordinance. A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 2. Approval of 1999 Real Estate Value Appeals The Commissioners approved the following 1999 Real Estate Values for the following properties: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 745 Triton Management CoR05207-001-005-000$ 67,999 Haley, Michael W. EtalR04520-002-016-000$ 67,999 Cobb, JamesR07912-001-008-000$ 504,001 R07908-006-004-000$ 7,500 R07908-006-004-000$ 15,000 UDRT of North Carolina, LLCR05507-001-009-000$6,107,962 R05506-001-028-000$8,527,773 R05507-001-010-000$ 49,799 ABA Mini-StorageR07600-004-054-003$ 747,329 R07600-004-055-000$ 84,800 R07600-004-063-000$ 6,000 RO7600-004-054-000$ 20,800 RO7600-004-054-002$ 18,800 Approval of Budget Amendment #00-0097 The Commissioners approved the following budget amendment: Budget Amendment #00-0097-Social Services/Adoption Assistance/Hurricane Floyd Relief ADJUSTMENTDEBITCREDIT Social Services/Adoption Assistance: Special Children Adoption Fund$ 56,000 Contracted Services$ 56,000 Social Services/Hurricane Floyd Relief: Floyd Recovery Housing Assistance$100,000 Maintenance & Repair-Homeowner Repairs$100,000 Explanation: To budget federal funds received from the Special Children Adoption Fund and state funds received from the Small Business Administration Program. No additional County funds are required. Approval of Budget Amendment #00-0098 The Commissioners approved the following budget amendment: Budget Amendment #00-0098-Social Services/Administration/CP&L Intervention Program/Work First Family Assistance Program ADJUSTMENTDEBITCREDIT Social Services/Administration: Administrative Grants$29,645 CP&L Intervention Program: Assistance Payments$29,645 Social Services/Aid for Dependent Children (AFDC): Work First Family Assistance Program County Issued Checks$45,000 County Issued Checks$45,000 Explanation: To budget: (1) additional State funds for CP&L Intervention program with no additional County funds required; and (2) additional funds for the Work First Family Assistance Program that is 100% reimbursed by State and Federal funds. Approval of Budget Amendment #00-0099 - Emergency Management The Commissioners approved the following budget amendment: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 746 Budget Amendment #00-0099 - Emergency Management ADJUSTMENTDEBITCREDIT Emergency Management: Contributions$1,000 Departmental Supplies$1,000 Explanation: To budget funds donated by Wayne Pearce (Search Team Volunteer) who was awarded the Corporate Volunteer Service Award by Carolina Power and Light Company. Approval of Budget Amendment #00-0100 - FEMA Funding Hurricane Floyd The Commissioners approved the following budget amendment: Budget Amendment #00-0100 - Hurricane Floyd ADJUSTMENTDEBITCREDIT FEMA Federal Grant $750,000 Capital Outlay$750,000 Explanation: To increase the budget for anticipated FEMA funding and expenses. Approval of Budget Amendment #00-0101 - Health Department The Commissioners approved the following budget amendment: Budget Amendment #00-0101 - Health/Temporary Assistance to Needy Families ADJUSTMENTDEBITCREDIT Health/Temporary Assistance to Needy Families: Depression Screening Project$5,000 Salaries and Wages$4,431 Social Security Taxes 339 Retirement-Local Government Employee 220 Long-Term Disability Insurance 10 Explanation: To budget State funds awarded for a pilot site Depression Screening Project in the Family Planning Clinic that will be used toward staff time. Approval of Budget Amendment 00-0102 - Health/Child Care Health Consultant Grant The Commissioners approved the following budget amendment: Budget Amendment #00-0102 - Health/Child Care Health Consultant Grant ADJUSTMENTDEBITCREDIT Health: Child Care Health Consultant Grant$29,275 Salaries and Wages$18,721 Social Security Taxes 1,433 Retirement - Local Government Employee 927 Medical Insurance Expense 2,277 Long-Term Disability Insurance 43 Telephone Expense 125 Beepers - Pagers 125 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 747 Printing Charges 300 Departmental Supplies 2,725 Employee Reimbursements 569 Employee Reimbursement/Uniforms 500 Training & Travel 1,530 Explanation: The original grant application was for $48,120, which was approved by the Board on January 19, 2000, but the grant was awarded in the amount of $29,275. Approval of Budget Amendment #2000-18 - HUD Disaster Recovery Initiative The Commissioners approved the following budget amendment: Budget Amendment #2000-18 - HUD Disaster Recovery Initiative ADJUSTMENTDEBITCREDIT HUD Disaster Recovery Initiative Grant $170 Capital Project Expense $170 Explanation: To increase the budget for an additional $170 available in the grant. The initial application included the $170; however, when the grant was received that amount was excluded. The County was recently notified that the $170 is now available in the grant. Approval of Budget Amendment #2000-21 - Judicial Building Capital Project/Property Management The Commissioners approved the following budget amendment: Budget Amendment #2000-21 - Judicial Building Capital Project/Property Management ADJUSTMENTDEBITCREDIT Judicial Building Capital Project: Transfer In from General Fund$50,000 Other Improvements$50,000 Property Management: Other Improvements$50,000 Transfer to Capital Projects$50,000 Explanation: To move funds budgeted in this fiscal year in Property Management for courtroom renovations at 138 North Fourth Street to the Capital Project (Fund 370). This will enable the Budget Department to capture the full expense of the renovations in the capital project account. APPROVAL OF EIGHT NEW DEPUTY POSITIONS IN THE SHERIFF’S DEPARTMENT TO SERVE AS COURT BAILIFFS AND APPROVAL OF BUDGET AMENDMENT #00- 0105 TO FUND POSITIONS FOR THE REMAINDER OF FY 1999-2000 Sheriff Joseph McQueen informed the Board that currently ten bailiffs are assigned to the courts along with a sergeant that serves as their supervisor. These employees work 8 to 10 hours a day, 5 days per week. With nine courtrooms, only one bailiff is assigned to each courtroom and the tenth bailiff patrols the lobby outside the courtrooms. At times, it is necessary for the bailiff stationed in the courtroom to leave to get a defendant or take a defendant to the holding area. During these periods, there is no security in the courtroom and on occasions, threats have been made to judges during this time. In order to insure the safety of judges, attorneys, witnesses, and observers in the courtrooms, eight new deputy positions are needed to serve as bailiffs so each courtroom can be assigned two bailiffs. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 748 Sheriff McQueen commented on the letters received from judges in support of the new positions because of security needs, and he requested the Board to approve eight new positions and the associated budget amendment. th Vice-Chairman Greer stated that since an additional judge may be assigned to the 5 District, he would suggest approving four or six new positions until a judge is assigned to the District at which time two additional positions will be considered by the Board. Commissioner Birzenieks asked Sheriff McQueen if he had anticipated budgeting for the new positions in the FY 1999-2000 budget. Sheriff McQueen responded that he had considered requesting more deputies in the current budget, but felt he would wait until it became absolutely necessary. After discussing this matter with the judges, he feels the eight new positions are needed for courtroom security. Commissioner Davis commented on the funding needed for the remainder of the fiscal year, and he requested County Manager O’Neal to explain how the positions will be funded. County Manager O’Neal responded that $128,521 will be allocated from the Appropriated Fund Balance. Funding for the eight positions in FY 2000-2001 will be part of the budget request submitted by the Sheriff’s Department which will have to be approved by the Board. Commissioner Howell advised that many citizens have asked him why the Sheriff’s Department needs more deputies to patrol the unincorporated county with the recent City annexation and second annexation that will be implemented by the City once a decision is rendered by the court. He requested Sheriff McQueen to respond to this question. Sheriff McQueen responded that as annexation has occurred, the number of calls and responses has not decreased because a majority of the areas annexed by the City are not problem areas. Also, with continued growth in the northern part of the county, more deputies will be needed to patrol this area. Judge Rebecca W. Blackmore stated that new deputies are needed to provide security for the judges and public during court trials. She advised that more problems occur in Juvenile Delinquency Court trials than in other courts. When an inmate runs out of court, the bailiff immediately pursues the juvenile which leaves the Judge without any type of law enforcement to control angry outbursts among parents and other witnesses in the courtroom. She urged the Board to approve the eight positions requested so two bailiffs can be assigned to each courtroom to provide security to the public. Motion: Commissioner Birzenieks said this was clearly an issue of public safety and he MOVED, SECONDED by Commissioner Howell, to approve eight new deputy positions to serve as bailiffs for the courts and approve the following budget amendment to fund the positions for the remainder of the fiscal year. Commissioner Davis commented on understanding the need to provide adequate security to the courtrooms, but stated he will thoroughly review the FY 2000-2001 funding request for these positions when considering other funding needs. Substitute Motion: Vice-Chairman Greer MOVED to approve six new deputy positions instead of th eight positions with consideration of two more positions if an additional judge is assigned to the 5 SUBSTITUTE MOTION DID NOT RECEIVE A SECOND AND FAILED. District. The Chairman Caster called for a vote on the original motion to approve eight deputy positions MOTION CARRIED and approve the associated budget amendment. Upon vote, the UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 749 Budget Amendment #00-0105 - Commissioners’ Office/Sheriff/Jail Adjustment Debit Credit Commissioners’ Office: Appropriated Fund Balance $128,521 Sheriff/Jail: Salaries and Wages$85,587 Social Security Taxes 6,547 Retirement - 401-K 4,280 Medical Insurance Expense 13,510 Long-Term Disability Insurance 197 Uniforms 18,400 Explanation: To appropriate fund balance for 8 additional deputy positions to serve as bailiffs for the courts for the remainder of FY 1999-2000. RECOGNITION OF THE LEAGUE OF WOMEN VOTERS Chairman Caster, on behalf of the Board, recognized Ms. Carole Ellis and Ms. Janet Durham, members of the League of Women Voters of New Hanover County, for sponsoring the Local Government 101 course to educate the community about the functions of local government. He welcomed the participants in attendance and invited them to stay for the remainder of the meeting. STATUS REPORT ON ACTIVITIES OF THE NEW HANOVER HEALTH NETWORK SYSTEM Dr. Bill Atkinson, President of the New Hanover Health Network System, expressed appreciation to the Board of County Commissioners, County Manager Allen O’Neal, County Attorney Wanda Copley, Clerk to the Board Lucie Harrell, and Finance Director Bruce Shell, for the efforts given to process bond issues, transfer the County EMS to the Medical Center, and acquire Cape Fear Memorial Hospital. He also complimented Commissioner Birzenieks for the time given to serve on the Board of Trustees and he expressed appreciation to Sheriff McQueen, Health Director David Rice, Emergency Management Director Dan Summers, and Fire Services Administrator Phil Kouwe for their outstanding work and efforts given during emergency situations. Dr. Atkinson reported that the New Hanover Health Network System operates 24 hours a day 365 days a year with over 3,000 employees and 400 doctors. The Health Network is one of the largest operations in Southeastern North Carolina with a tremendous number of patients seen annually. During the past year, the Joint Commission on Accreditation of Health Organizations viewed the Health Network System as a single system instead of individual units. The Network System received the highest score in its history with 90 for all organizations and a score of 99 for the Home Health Division. These figures indicate the quality of health care services being provided by the Network System. The coordination of services is far more important than the control of services. Many groups are not formally in the Network System, but the Network works closely with nursing homes and all types of organizations in the region. The Network is part of Coastal Carolinas Alliance, which is comprised of hospitals throughout Southeastern North Carolina. Approximately 50% of patients seen on any given day are from outside New Hanover County. The New Hanover Health Network System is the major referral system and the only Trauma Center in a 14-county area. In closing the presentation, Dr. Atkinson stated that quality, convenience, access, and reducing the cost of health care are major goals of the Board of Trustees. The move of the orthopedic elective surgery services from the Medical Center to Cape Fear Memorial Hospital is an example of how costs can be reduced by consolidating equipment, operating rooms, and speciality personnel. He advised that all hospitals and health care providers are faced with how to become the employer of choice, how to compete in a global economy, how to compete with the shortage of nurses nationwide, and how to compete for technical staff. It is the commitment of Board of Trustees and Administrative Staff to allow the Health Network System to retain employees, identify positions that need to be recruited into the system, and be sure that the Network deals in a fair NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 750 manner with physicians, health care workers, and all agencies involved with the system. The need for space and technology will continue to be monitored so that quality medical care can be provided to the region. Commissioner Birzenieks commented on the Zimmer Cancer Center that was opened two weeks ago, and he encouraged the public to visit this outstanding facility that provides high quality care to persons living in our community with this dreadful disease. He expressed appreciation to Dr. Atkinson, Ms. Judy O’Neal, and other members of staff for performing an excellent job in carrying out this project. Dr. Atkinson expressed appreciation to Commissioner Birzenieks for the remarks and stated the Trustees and Staff are proud of the Zimmer Cancer Center which is the only facility of this type in Southeastern North Carolina. He also announced that the newly expanded Trauma and Emergency Department Center will be open near the end of the year and stated these new facilities will significantly increase the quality of health care provided to the region. Chairman Caster, on behalf of the Board, expressed appreciation to Dr. Atkinson for an informative status report. SELECTION OF ARCHITECTURAL FIRM FOR CONSTRUCTION OF A NEW JAIL AND ADMINISTRATION BUILDING FOR THE SHERIFF Chairman Caster reported that the Board will have to decide on which architectural firm to select for construction of a new Jail and Sheriff’s Administration Building. He requested the Board to recuse him from voting on this item because his brother-in-law works for one of the firms. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to recuse Chairman Caster from voting on this item. Upon vote, the MOTION CARRIED by a 4 to 0 vote. Chairman Caster requested Vice-Chairman Greer to preside over this portion of the meeting. Vice-Chairman Greer spoke on not being aware that he would have to preside over this portion of the meeting and stated it was his understanding that some people were present who would like to speak on this item. He requested all persons speaking to limit their remarks. Mr. Edward C. Spooner, Justice Studio Director of the Freeman White, expressed appreciation for an opportunity to submit a brief presentation and explain why Freeman White should be selected as the architectural firm for this project. The following report was presented: Freeman White is the only team that is an all North Carolina firm. The work on the Jail and Sheriff’s Administration Building project will be performed in either Wilmington or Charlotte, North Carolina. Freeman White is nationally recognized as a justice firm with completion of a 1,000 bed jail facility in Ohio and a 250 bed facility in Iowa; however, a majority of the firm’s work has been performed in North Carolina. The Freeman White proposal brings a number of innovative approaches to the project that will save time and money as well as improve the quality of the project. The following concept was presented: Hire a Project Expediter: • A Project Expediter is a construction manager hired by the Board of County Commissioners to work as the County’s agent to assure coordination and a speedy completion of the project. This process will save time and money, enhance the quality of the project, and reduce disputes. Multiple Bid Packages: • This process will be separate bid packages that differ from the traditional four prime contractor bidding process by breaking the work down into a series of small components such as painting, masonry, ceramic title, detention equipment etc., which NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 751 will result in opening up opportunities for small businesses in the community, create a more competitive environment, reduce costs, and keep construction dollars in the community. Pre-Qualifying Contractors: • This process involves pre-qualifying contractors to bid on the job for certain specialty areas. Jail facilities are highly technical projects. For example, the detention equipment contractor that installs locks and the security control system in a jail must be experienced in performing this type of work. The pre-qualification process will be monitored at all times to assure the County that the right people are working on the job. More Owner Control: • If a Project Expediter is hired by the County, that person will serve as the County’s agent throughout the construction process to be sure that New Hanover County receives full value for the money spent, which results in better control of the project. Mr. Spooner advised that the most significant impact on the total cost of the project relates to the construction schedule. Two bar charts were presented showing a conventional system under the four prime contractor bidding process and the expedited system under a construction manager concept. The construction manager process allows construction to begin prior to completion of the full set of construction documents, such as preparing the site for construction. This process results in occupancy of the jail nine months earlier than under the conventional system. With New Hanover County paying between $100,000 to $125,000 per month to house prisoners in other counties, completion of the jail nine months earlier will save approximately $1,000,000. Mr. Spooner reported that Freeman White took an innovative approach to the needs of the minority and small businesses within the community. The Request for Qualifications submitted by the County requested participation with minority consultants as part of the design team. The proposal submitted by Freeman White exceeds the 20% goal requested by the County, and the firm will initiate a Construction Outreach Program that will be monitored and facilitated to allow small local businesses and minority contractors to have bidding opportunities. This process will allow all citizens of the community to be involved in the project. In closing, Mr. Spooner said that Freeman White would appreciate an opportunity to work on the jail project, and he requested the Board to select this firm as the project architect. Mr. Woody Middleton, representing Schenkel Shultz/Sharpe Architecture, stated that he did not come prepared to make a presentation on the proposal submitted by the firm. He informed the Board that Schenkel Shultz/Sharpe was extremely interested in being selected as the project architect. He also complimented the Board of County Commissioners for preserving and renovating the Assembly Room, which is truly a state-of-the-art meeting room. Vice-Chairman Greer asked if any members of the Board would like to comment on this item. Commissioner Birzenieks spoke on the need to move as quickly as possible to construct a new jail because of money being spent monthly to house prisoners in other facilities. He stated that time and money would be saved by the County under the construction management concept with the jail facility being completed nine months earlier. Commissioner Davis asked Staff if all four firms submitting proposals had an opportunity to consider using the Project Expediter concept. Deputy County Manager Atkinson explained that Staff did not ask the four firms to consider the Project Expediter concept because Staff considers the bidding process in two separate steps: (1) the architect would be selected; and (2) the architect would become a part of the team that decides if a Project Expediter concept should be used. All firms had the opportunity to decide on the concept to be used. Commissioner Davis asked if the County would be the entity to select the Project Expediter. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 752 Deputy County Manager Atkinson responded that New Hanover County would select a Project Expediter through a separate Request for Qualifications process. Commissioner Davis asked if the County would maintain any other type of involvement regarding the selection of firms to perform work for the project. County Attorney Copley responded that if the Board decides to use the Project Expediter concept, the County will still have control over the contracts. Commissioner Davis asked County Attorney Copley if the Project Expediter concept was an appropriate procedure. County Attorney Copley explained that N.C.G.S. 143-128 allows counties to hire a Project Expediter to act as an agent of the County to facilitate the project. She explained that focus should be placed on the Project Expediter saving time and money for the County. The Project Expediter will not incur any liability on the project because this position is in place to serve as an agent to the County. The Board will have to determine if the fee paid to the Project Expediter will save time and money in completing the new jail facility. Commissioner Birzenieks requested Staff to solicit local firms first when hiring a Project Expediter because these firms pay taxes in New Hanover County. Commissioner Howell stated as the representative serving on the Review Committee, he found all four firms to be extremely qualified and impressive with their interviews. Each firm spent a great deal of time and effort in preparing the presentations, and the County could not go wrong with selecting any of the firms. After hearing no further comments from the Commissioners, Vice-Chairman Greer called for a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to award the contract to Freeman White/Jefferies & Faris as the project architect for the new Jail and Sheriff’s Administration Building and to authorize the Chairman to execute the necessary contract documents. Commissioner Birzenieks commented on the amount of time given by Commissioner Howell to serve on the Review Committee and he asked Commissioner Howell if he felt comfortable with the decision to contract with Freeman White. Commissioner Howell responded that he was comfortable with all four firms. Vice-Chairman Greer stressed the importance of keeping dollars in North Carolina and hiring small local businesses and minority firms to perform portions of the work. He also stated, for the record, he made the motion to use the Project Expediter concept because he felt this process would save money for New Hanover County taxpayers. Vice-Chairman Greer called for a vote on the MOTION to award the contract to Freeman White/Jefferies & Faris. Upon vote, the MOTION CARRIED as follows: Voting Aye:Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Greer Recused:Chairman Caster A copy of the contract is on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 753 DISCUSSION OF OPEN SPACE BOND ISSUE Chairman Caster reported that a letter was received on January 12, 2000, from Mr. Jack Bragg, Chairman of the Parks and Recreation Board, requesting the Commissioners to consider a distribution formula of 80% for the purchase of land and 20% for development of public outdoor recreational facilities for use of the bond proceeds if the Parks and Open Space Bond Referendum is passed by the voters on May 2, 2000. Chairman Caster advised that later in the week, another meeting was held with recommendation of the following distribution formula: Bond Referendum Amount: 1.$45,000,000 Bond Distribution Formula: 2. 75%Purchase of Land: This portion of the bond proceeds will be used to purchase land for conservation, preservation, riparian buffers and other natural purposes. The land may be used for the purpose of developing passive recreational facilities, such as trail and picnic areas, as well as beach and estuarine access, which enhance the enjoyment of these areas without significantly impacting the natural value of the areas. 25%Parks: This portion of the bond proceeds will be used to purchase and develop land for providing active recreational facilities, such as athletic fields, tennis courts, and other facilities. Chairman Caster requested the Board to consider which distribution formula should be selected for use of the bond proceeds. Vice-Chairman Greer expressed concern for the language used in the distribution formulas and stated that the proposed 75%/25% formula was more than a difference of 5%. He stated that the recommendation by the Parks Advisory Board was for 80% of bond proceeds to be used to purchase land and 20% used for development of parks. The 75%/25% formula specifies that 75% of land purchased should remain open space with no development and 25% should be used for development of parks. If the 75%/25% formula is used, the County will be curtailed in the future by locking 75% of the land acquired for passive or open space. Chairman Caster explained that Parks Director Neal Lewis, Chairman of the Parks Advisory Board, Jack Bragg, and Director of the N. C. Coastal Land Trust Camilla M. Herlevich were present at the last meeting. The feeling of the group was to establish the amount of open space that should be used to acquire land for passive recreational uses such as bike trails, picnic areas, beach access, etc. The remaining 25% would be used to purchase park land to provide recreational facilities such as athletic fields, tennis courts and other facilities. Vice-Chairman Greer again expressed concern for using only 25% of the bond proceeds for parks development, particularly with the immediate need for soccer fields and other recreational activities. He stated, in his opinion, the Board needs more money to address parks development. Under the 80%/20% formula, the 20% would be used to provide the infrastructure for developing athletics fields and the 80% would be used to purchase land that would not have to be used entirely for open space with no development. In the distant future, the County may need a piece of the property to develop a soccer field. Chairman Caster commented on the 75%/25% formula and stated the reason for this recommendation was to show the public that bond proceeds would be used to acquire open space for conservation, preservation, riparian buffers and other natural purposes. Commissioner Birzenieks requested Ms. Camilla Herlevich to comment on the distribution formula. Ms. Herlevich reported when the Commissioners decided to purchase Airlie Gardens, the public overwhelmingly supported the purchase of this land as greenspace to be used by the public. As a result of this support, the Commissioners directed Eastcoast Research of Wilmington, N. C., NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 754 to perform a voter survey to determine if there was support in the community to consider a greenspace bond referendum to acquire open space in New Hanover County. The results of the survey indicated that 79% of persons surveyed were in favor of a bond referendum with the proceeds being used to purchase greenspace. When determining the amount of the bond issue, 58% of persons surveyed were in favor of acquiring open space with some land purchased for active recreational uses. After learning that a bond referendum could not be prepared to acquire land for school sites as well as greenspace and parks, the Parks Foundation Advisory Board decided to develop the 75%/25% distribution formula which is the consensus language that is now supported by the Parks Advisory Board and the Parks Foundation Advisory Board. The intent is for 75% of the bond issue to be used to acquire greenspace and passive uses such as boating access, bike trails, river access, boardwalks, and educational uses. In concluding her remarks, Ms. Herlevich stated that the citizens of New Hanover County want to be assured that land will be set aside for greenspace, not for a school site, natatorium or athletic field. The proposed 75%/25% distribution formula will lock land away for natural areas, and this was the consensus of the survey conducted by Eastcoast Research. Discussion followed on the difference between the first proposal and second proposal. Ms. Herlevich stated that the first proposal was to use 80% of acquired land for active recreational areas and passive recreational areas with 20% left for development. In the second proposal, 25% is for active ballfields and purchase of land for recreational uses. This 25% also includes passive recreational uses that do not compromise the ecological integrity of the land, such as placing trails in Hugh MacRae Park, or a riverwalk along the river corridor. The 75% is for acquiring greenspace that can be used for passive uses. Vice-Chairman Greer noted that he was unable to attend the Parks Advisory Board meeting on January 12, 2000, and stated that it was his understanding from reading the letter by Jack Bragg, the Advisory Board supported the 80%/20% formula. Ms. Herlevich explained that Jack Bragg and Neal Lewis attended the Parks Foundation Advisory Board and supported the 75%/25% formula. Vice-Chairman Greer explained that the Parks Advisory Board adopted the 80%/20% formula and the Parks Foundation Board adopted the 75%/25% formula. He commented on the need to acquire open space and stated that a formula should be established to provide the County with enough flexibility to use a portion of the open space land if a soccer field is needed 50 years from now. He stated as a member of the Parks Advisory Board, he was in support of the 80%/20% distribution formula. Commissioner Howell stated that in order to better understand the distribution formula, 25% of $45,000,000 is $11,250,000, which will not purchase a great deal of land for active recreational facilities. He commented on the number of requests from citizens who want the County to purchase the Duck Haven Golf Course and stated that the 25% allocated for recreational activities will not begin to purchase acreage of this size. Ms. Herlevich again noted that much of the Duck Haven Golf Course property was a natural area that would fall into the 75% formula for passive uses. She requested the Board to support the 75%/25% formula. Commissioner Birzenieks and Commissioner Davis expressed concern for the amount of confusion about the recommendations from the Parks Advisory Board and Parks Foundation Board. Parks Director Neal Lewis reported that the Parks Advisory Board held a retreat on January 12, 2000, and as a result of this meeting, the letter from Jack Bragg was prepared and mailed to the Commissioners in support of the 80%/20% distribution formula. Director Lewis explained that Mr. Bragg is Chairman of the Parks Advisory Board and President of the Parks Foundation Board. At the meeting held last week with the Parks Foundation Board, Mr. Bragg tried to wear both hats, and he felt that the Parks Advisory Board would be supportive of the 75%/25% distribution formula. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 755 Mr. William (Bill) E. Royals, a member of the Parks Advisory Board, reported that he missed the retreat; however, the last vote taken by the Parks Advisory Board was to support the 80%/20% distribution formula. Mr. James (Jim) H. Medlin, Jr., a member of the Parks Advisory Board, reported that he was supportive of the 80%/20% formula as recommended in the January 12, 2000, letter from Jack Bragg. He commented on this formula allowing more flexibility for acquiring land and stated the 75%/25% formula will require 75% of land acquired to be used only for open space. Commissioner Davis commented on the work that has been given by the Board of County Commissioners and Staff in preparing information for the bond referendum, and he expressed concern about the amount of confusion over the two formulas. He said with an issue of this importance, there should be no confusion, and he questioned whether the Commissioners should make a decision based on the information presented. Chairman Caster agreed with the statement made by Commissioner Davis and said it was important for the use of bond proceeds to be clearly defined. Discussion was held on whether deferring action on this item would impact the bond referendum. County Attorney Copley explained that the distribution formula would not be printed on the May 2000 ballot; however, sufficient time will be needed to inform the public about how the bond proceeds will be used. Vice-Chairman Greer said that he was not opposed to taking action on the formula tonight. Mr. Steve Bilzi, a member of the New Hanover County Board of Education and representative of the School System on the Parks Advisory Board, reported that the Advisory Board spent approximately six months in discussing and developing the 80%/20% distribution formula; however, it appears the second meeting created the confusion about the formula. Chairman Caster requested direction from the Board. Commissioner Birzenieks stated, in his opinion, the key issue is to save more greenspace for the future because there is very little open land left in New Hanover County. This will force future County Commissioners to acquire additional land for parks and recreational uses. Commissioner Davis stated that he felt the purpose of the bond referendum was to purchase land that would not be developed so it can remain greenspace recognizing that some of the land would be used for parks. He spoke in favor of the 75%/25% distribution formula because it ensures that greenspace will be preserved. Vice-Chairman Greer stated that either distribution formula will work and he suggested voting on the issue. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell, to accept the 80%/20% distribution formula as recommended and worded by the Parks Advisory Board. Substitute Motion: Chairman Caster MOVED, SECONDED by Commissioner Birzenieks, to approve the 75%/25% distribution formula that reads as follows: 75% - Purchase of Land: This portion of the bond proceeds will be for the purchase of land for conservation, preservation, riparian buffers, and other natural purposes. The land may be used to develop passive recreational facilities, such as trails, picnic areas, and beach and estuarine access to enhance the enjoyment of these areas without significantly impacting the natural value of the areas. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 756 25% - Parks: This portion of the bond proceeds will be for the purchase and development of land for the purpose of providing active recreational facilities, such as athletic fields, tennis courts and other facilities. Ms. Sue Bulluck requested the Board to support the 80%/20% distribution formula because it does not lock in the greenspace for “exclusionary use.” This formula allows options to the elected officials that have been chosen by the voters. Chairman Caster called for a vote on the SUBSTITUTE MOTION to approve the 75%/25% SUBSTITUTE MOTION CARRIED formula. Upon vote, the by a 4 to 1 vote as follows: Voting Aye:Commissioner Birzenieks Commissioner Davis Commissioner Howell Chairman Caster Voting Nay:Vice-Chairman Greer. Chairman Caster apologized to the Board and persons attending the meeting for the confusing issue regarding the bond distribution formula. Commissioner Birzenieks stressed the importance of everyone understanding that the Board fully supports the $45,000,000 greenspace bond issue, which was created by the County Commissioners. County Attorney Copley reported after numerous discussions with Bond Counsel, a request has been made by Counsel to change the time of the March 13, 2000, meeting from a night meeting to a morning meeting. She requested Finance Director Bruce Shell to comment on why this request was made. Finance Director Shell explained that Bond Counsel has requested changing the time of the meeting from 6:30 p.m. to 9:00 a.m. because absentee ballots will be available on March 13, 2000. If the Board does not meet until 6:30 p.m., registered voters will have access to these ballots without the official Public Hearing being held and adoption of the Bond Order that officially sets the bond referendum date. He requested the Board to change the time of the March 13, 2000, meeting to 9:00 a.m. Commissioner Davis expressed concern for changing the time due to his court schedule and stated if was difficult for judges to reschedule his cases. Chairman Caster spoke on the need to hold the Public Hearing at an evening meeting to allow people who work to attend the meeting, and he suggested not changing the time. County Attorney Copley reported that Bond Counsel has been informed that Public Hearings for zoning items are scheduled at evening meetings. She stated the County should not incur any problems with allowing the time to remain unchanged. BREAK Chairman Caster called a break from 8:25 p.m. until 8:40 p.m. CONSIDERATION OF BOND ISSUE FOR CONSTRUCTION OF A NATATORIUM Mr. Don Gilchrist, Chairperson of the Natatorium Committee, advised that the Committee will not be requesting a bond issue on the May 2, 2000 ballot, but the group will continue to pursue the issue and request the Board of County Commissioners in two or three months to consider placing an $8,000,000 natatorium bond issue on the November ballot. Mr. Gilchrist presented pictures showing the type of natatorium that will be constructed in New Hanover County. He reported the facility will be approximately 48,000 square feet and seat NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 757 about 800 people with a 50 meter by 25-yard pool with 22 to 24 swimming lanes. There will also be a 6 to 8 lane therapeutic pool. The Natatorium Committee has been working on this project for over two years, and agencies such as the Parks Advisory Board, New Hanover County Parks Department, Department of Aging, American Red Cross, Corning, General Electric, and PTA, etc. have designated representatives that have participated in the process. These agencies are very supportive of constructing a natatorium in New Hanover County and public support is steadily growing on a daily basis. This facility will provide learn-to-swim programs for the public schools, accommodate school swim teams, teach American Red Cross Life Guard instruction, and provide rehabilitation and health recovery programs as well as many other programs. A central location for the natatorium is of primary importance, and the Committee feels that the construction site should be between Smith Creek Parkway and the South Seventeenth Street Extension with the Monkey Junction area being too distant. Pieces of property along the South Seventeenth Street corridor and Shipyard Boulevard have been reviewed by the Committee, and there is a site along College Road with an organization that might be willing to provide the site. The Natatorium Committee feels that a 7-member Natatorium Advisory Board should be established with representatives from the Board of County Commissioners, at-large citizens, and users, such as the Board of Education, to serve as an advisory panel to provide policy recommendations for operation of the facility. The Board of County Commissioners may want the New Hanover County Parks Department to operate and oversee the facility, or the operation can be contracted out to a professional company, or some non-profit organization might be interested in operating the facility. In concluding his remarks, Mr. Gilchrist requested Mr. Jonathan Washburn to comment on the proposed budget and revenues. Mr. Jonathan Washburn commented on the need to control expenses for the natatorium and reported that the projected budget for the facility will be approximately $700,000 annually. The unknown factor is how revenues will be obtained. The goal of the Natatorium Committee is to have a self-supporting facility that will not have to be subsidized annually. Approximately $300,000 should be generated from gate receipts, vendors, season passes, and locker rental receipts. New Hanover County high schools have indicated an interest in using the pool with anticipated revenues of $150,000 for the high school swim teams and an additional $50,000 for incidental uses by the schools. Other institutions have indicated an interest in using the facility, but no definite figures have been presented. It appears that the initial $700,000 of revenue needed can be generated for the first year. In concluding his remarks, Mr. Washburn stated this was an opportune time to proceed with a bond referendum for construction of a natatorium. Mr. Allen Tolls reported that high school swimming teams and coaches are preparing to practice in a pool with 12 to 16 swimmers per lane. A large pool is needed in the community to provide a quality facility for competitive swim teams. He advised that this need has been identified and stated that hopefully the voters would approve a bond referendum of $8,000,000 in November. If the Board supports placing a bond issue on the November ballot, the citizens will work to ensure passage of this bond issue. He requested all persons in support of the natatorium to stand and be recognized. Commissioner Birzenieks asked the County Attorney when the proposal would have to be presented to the Board for the bond issue to be placed on the November ballot. County Attorney Copley responded that a schedule would have to be developed by the Legal Department. Once the schedule has been prepared, a report will be forwarded to the Board. Chairman Caster requested Mr. Gilchrist to narrow down the operation expenses and explore the possibilities of locating a facility site that will not have to be purchased so the Board can have this information when deciding on the natatorium bond referendum in November. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 758 Commissioner Davis asked Mr. Gilchrist if the $8,000,000 figure excluded the land. Mr. Gilchrist responded that the land was not included in the $8,000,000 figure. He said in order to construct a quality facility the $8,000,000 would be needed. He also informed the Board that the Natatorium Committee has been promoting the greenspace bond issue when meeting with groups to raise support for the natatorium. Ms. Sara Pope, a school student, stated that her family, friends, and other families have signed petitions of support for the natatorium, and she asked why there were doubts about this issue if everybody was willing to pay taxes to construct the facility. Chairman Caster responded that the Commissioners will have to decide if there is enough support from voters throughout the County to raise the property tax rate to support a natatorium. He expressed appreciation to Ms. Pope for asking the question. ADOPTION OF PROCLAMATION DECLARING THE MONTH OF FEBRUARY 2000 AS “HUMAN RELATIONS MONTH” IN NEW HANOVER COUNTY Chairman Caster read a resolution declaring the month of February 2000 as Human Relations Month in New Hanover County. He requested a motion to adopt the proclamation. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to adopt a Human Relations Month proclamation declaring the month of February 2000 as in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 2. PRESENTATION OF PLAQUE TO JOBI MCALLISTER FOR BEING SELECTING AS THE WINNER OF THE THEME CONTEST FOR HUMAN RELATIONS MONTH Assistant County Manager Patricia Melvin reported that a contest was held in the fall of each year at New Hanover County Schools to select a theme for Human Relations Month. She announced th that the winner of the contest was Jobi McAllister, a student in the 8 grade at Trask Middle School with winning theme: Together with Love and Affection...Join As one With Reflection Chairman Caster, on behalf of the Board, congratulated Ms. McAllister for winning the theme contest and presented a plaque to her in recognition of this achievement. PRESENTATION OF ANNUAL REPORT FOR THE HUMAN RELATIONS COMMISSION Reverend Joseph Z. Windley reported that he was pleased to present the 1999 Annual Report for the Human Relations Commission. The activities and accomplishments of the Human Relations Commission in 1999 reflect a year filled with a spirit of the community and the commitment of the Human Relations Commission to enhance the quality of life for all citizens. This was achieved through successful partnering and collaborative efforts with the public, private, and non-profit sectors. The Human Relations Commission focused on facilitating successful communication and dialogue within the community by promoting diversity and increasing public awareness of good human relations through annual events such as Human Relations Month, the Equal Employment Symposium, the Fair Housing Workshop, Sexual Harassment Awareness Training and Impediments to Fair Housing Analysis. The ties between New Hanover County Government, the Human Relations Commission and its citizens were strengthened by fostering community stability and growth which is free of barriers to race, gender, age, ethnicity, disability, and religion. In concluding the report, Reverend Windley stated as the Human Relations Commission enters into a new millennium, it will continue to make a difference by promoting equal opportunity, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 759 mutual respect, and understanding so that every citizen can live and work in New Hanover County free of prejudice and bias. Chairman Caster requested the members of the Human Relations Commission and Staff to stand and he expressed appreciation to them for the outstanding work performed during the past year. Consensus: It was the consensus of the Board to accept the Annual Report as presented by the Human Relations Commission. TAX APPEAL HEARING FOR FRED G. HATHAWAY RESCHEDULED UNTIL FEBRUARY 21, 2000 Chairman Caster announced that Mr. Fred G. Hathaway has requested the Board to reschedule his tax appeal until February 21, 2000, meeting. Consensus: It was the consensus of the Board to reschedule the tax appeal for Fred G. Hathaway on February 21, 2000. 1999 TAX APPEAL OF REAL ESTATE VALUE FOR ELLSWORTH H. SLOANE, LLC Tax Administrator Robert Glasgow reported that Ellsworth-Sloane was appealing the value of Parcel #RO8806-005-001-00A, which is part of a development known as Waterfronte Villas and Yacht Club located at Carolina Beach. The value is for 114 boat slips of varying sizes. A second sheet of information has been distributed to the Board of County Commissioners with a reduced value from $4,515,000 to $2,280,000 due to a clerical error. Mr. Steven Krapata, Chief Financial Officer for Ellsworth-Sloane, has agreed to this reduction but would like an opportunity to express opinions about the tax appeal. Tax Administrator Glasgow advised that Ellsworth-Sloane feels that the boat slips should be conveyed to the property owners. Unfortunately, these boat slips are over water and are not tied to land with no parcel identification number, which makes it impossible for the properties to be billed. Approximately 10 years ago, this type of situation was addressed by the Tax Department and the N. C. Department of Revenue determined that boat slips would have to be tied to the parent parcel. This means the owner of the parent parcel will be responsible for billing the individuals that are provided boat slips. The Tax Department and neighboring counties have used this process for taxing boat slips over water. A parcel value cannot be assigned to water rights. It is understandable why Ellsworth- Sloane feels the rights have been sold to individuals using the boat slips. However, the Tax Department does not have a way to reclaim a boat slip if a hurricane or natural disaster should destroy the slip, and a lien cannot be placed against the boat slip. Tax Administrator Glasgow reported that Mr. Krapata has indicated that he would like to appeal the value of Parcel #RO8806-005-010-000. This is the common area where the clubhouse and swimming pool are located on .36 acres of land. The clubhouse, pool, and land were valued in 1999 at $343,174. A value change notice was forwarded to Ellsworth-Sloane on October 26, 1999 with 30 days to appeal the value; however, the firm has indicated that the notice was not received. A tax bill was mailed to Ellsworth-Sloane in December 1999 and the bill was received by Ellsworth-Sloane on January 5, 2000. The 30 day appeal had to be received by the Tax Department on November 26, 1999. A formal appeal was received via FAX on February 2, 2000, which was beyond the 30 day appeal deadline, and Ellsworth-Sloane was informed that the value could be heard in the 2000 Board of Equalization & Review process, but not in the 1999 appeals process. The recommendation of the Tax Department is not to consider the appeal at this time. Vice-Chairman Greer asked if the Board could legally hear the Ellsworth-Sloane appeal for Parcel #RO8806-005-010-000. Tax Administrator Glasgow responded that the tax value appeal could not be heard until 2000. Mr. Steven Krapata took exception to the fact that a boat slip cannot be identified for purposes of deeding it over to an individual. For example, he owns a condominium at the Breeze NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 760 Woods Condominium complex on the second floor that is air space as defined by a meets and bounds survey. There is not much difference in identifying a boat slip by meets and bounds. A survey is recorded with New Hanover County and meets and bounds can be identified for purposes of assigning a parcel number to a boat slip as done with condominium real estate. The boat slips have been deeded in two ways: (1) the boat slip is deeded with some of the townhouses with waterfront villas; and (2) boat slips have been transferred through deeds to persons without a townhouse and identified as referenced by the recorded plat. The County can decide to assign parcel numbers to each boat slip and forward a tax bill to each owner, which is the way the slips are deeded. Mr. Krapata stated that Ellsworth-Sloane takes exception to the facts presented about the clubhouse issue. One discrepancy is that the original notice was received in November1998 stating that the parcel would have a total value of $103,000. Ellsworth-Sloane never received a second notice of change in value. A bill was also received dated December 20, 1999, which was not received until January 2000. The appeal was made within 30 days once the company realized that the values had changed. If the County can change values in a 13-month period and the company appeals within 30 days, this should be considered as part of the appeals process. Under normal circumstances, the clubhouse would not be taxed if the parcel had been deeded. The covenants that restrict the use to owners of the boat slips and townhouses have been recorded. The only reason for not transferring the parcel is one of convenience because part of the process requires a two-dimensional footprint of the building and surveyed elevations of the two floors. That building is intended for the exclusive use of townhouse and boat slip owners. Chairman Caster asked who was collecting the taxes for the boat slips. Tax Administrator Glasgow responded that the boat slips are in the name of Ellsworth-Sloane and the Tax Department is receiving payment from this company. There is no problem with identifying a boat slip and assigning a slip as miscellaneous improvements to a townhouse owner because there is a partial identification number. Chairman Caster asked Mr. Krapata if Ellsworth-Sloane was charging the boat slip owner as a way to raise money for taxes. Mr. Krapata responded that boat slip owners have not been charged. The company was not aware of the taxes because the bill was just received in December. The County appraiser performed the work in October 1999 and the company did not know about the bill. In the prior year, the bill had been included in future development and was not separately billed. No owners have been billed until this tax issue has been resolved. Commissioner Howell expressed concern for this item being discussed since it was not part of the agenda. He asked Mr. Krapata if the value deduction on the parcel was agreeable with Ellsworth-Sloane. Mr. Krapata said that Ellsworth-Sloane feels the company is being billed unfairly. The first issue is whether the boat slips are personal or real property, the second issue is value, and the third issue is who should be billed for the taxes. Ellsworth-Sloane has agreed to the reduced value for the parcel but a determination should be made whether this is personal or real property, and who should be billed for the taxes. Once the development is completed, Ellsworth-Sloane will no longer be involved with the project and will not be there to collect the taxes. Some decision needs to be made about the billing process. Also, clerical errors occurred in the process with the tax bill originally forwarded to the homeowners association; therefore, the Board is being requested to consider these items. Vice-Chairman Greer requested Tax Administrator Glasgow to explain how taxes are billed for the Seapath Marina or Wrightsville Marina, which are individually owned boat slips. Tax Administrator Glasgow responded that homeowner associations, the marina owner, or an individual owning a condominium or apartment is billed. With reference to boat slips being NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 761 identified as personal or real property, notice was received today from the N. C. Department of Revenue stating boat slips are to be considered as real property. Deputy County Attorney Kemp Burpeau stated the manner in which the taxpayer has conveyed the property shows the company as the owner; however, there is a legal process for the owner to create unit ownerships to convey separate tax parcels. This has not been done by Ellsworth-Sloane; however, this process could be completed for the 2000 tax appeal. Mr. Krapata pointed out that Ellsworth-Sloane was not conveying membership rights like most marinas. Deeds are being issued so the ownership can be identified. Tax Administrator Glasgow noted that if the boat slip is platted and recorded with a parcel identification, there would be no problem with billing individual boat slip owners. The real property must be identified through a parcel identification number. Parcel identification numbers cannot be assigned to water. Deputy County Attorney Burpeau explained that Ellsworth-Sloane has a recorded plat which is not the format for establishing unit ownership. Deeds have been issued but they do not site a unit from a condominium plat with revenue stamps on the plat. Mr. Krapata stated that some counties will accept the real estate tax stamps on some boat slips. In all cases where boat slips have been conveyed as townhouses, the stamps have been accepted. He offered to provide a copy of the plat to the Commissioners. He again stated each boat slip can be identified and assigned a parcel number. Chairman Caster stated that he felt Ellsworth-Sloane should have an opportunity to appeal the property. Mr. Krapata said that he would be glad to present information about the notice of value and other discrepancies. Motion : After further discussion, Commissioner Davis MOVED, SECONDED by Commissioner Birzenieks, to reduce the value for Parcel #RO-8806-001-00A at the reduced value of $2,280,000, bill the 114 boat slips to the owners and developers of the project, Ellsworth-Sloane, and consider the appeal for Parcel #RO-8806-005-010-000 at the 2000 Board of Equalization and Review process. Upon vote, the MOTION CARRIED by a 4 to 1 vote as follows: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Greer Voting Nay:Chairman Caster STATUS REPORT ON DRAINAGE PROJECTS County Engineer, Wyatt Blanchard, reported on the progress being made with obtaining easements and authorization from the U. S. Army Corps of Engineers to begin the drainage project in a portion of Runneymeade. The N. C. Department of Correction will start the work next week. He also stated that work will begin in the Apple Valley area next week. County Engineer Blanchard requested the Board to schedule a Work Session to hear a presentation from W. K. Dickson, Inc. on comprehensive drainage regulations for New Hanover County. Consensus: After discussion, it was the consensus of the Board to schedule a Work Session to hear a presentation from W. K. Dickson, Inc. on the development of comprehensive drainage regulations on March 2, 2000, 9:00 a.m. in Room 501 of the County Administration Building. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 762 PUBLIC HEARING ON LOCAL LAW ENFORCEMENT BLOCK GRANT FROM THE U. S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE Deputy County Manager Andrew J. Atkinson reported that New Hanover County has been awarded $80,894 from the Bureau of Justice Assistance. The funding will be used as follows: Travel, etc. for the Drug Court Program$ 5,000 Purchase of Vehicles for Sheriff’s Department$75,894 Grant Match from Federal Forfeited Property Funds$ 8,433 Drug Court Match from Administrative Office of the Courts$ 555 Chairman Caster opened the Public Hearing and asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to accept the Law Enforcement Block Grant from the U. S. Department of Justice, Bureau of Justice Assistance in the amount of $80,894 and approve the associated budget amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Amendment #00-0092 - Sheriff’s Department/Drug Court ADJUSTMENTDEBITCREDIT LLEBG Grant-Sheriff’s Department$75,894 Transfer from Federal Forfeited Property 8,433 Motor Vehicles$84,327 LLEBG Grant - Drug Court$ 5,000 Contracted Services$ 5,000 Capital Project Expense$ 8,433 Transfer to Sheriff’s LLEBG Grant$ 8,433 Explanation: To budget LLEBG grant awarded to New Hanover County. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 9:50 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Caster reconvened to Regular Session at 10:02 p.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Breakfast Meeting for the Municipalities Scheduled for March 31, 2000 Chairman Caster asked if the Board could schedule a Breakfast Meeting with the municipalities on March 31, 2000, at 8:00 a.m. in the Madeline Suite at UNCW. Consensus: It was the consensus of the Board to schedule a joint meeting with the municipalities on March 31, 2000, at 8:00 a.m. in the Madeline Suite at UNCW. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING MONDAY, FEBRUARY 7, 2000 PAGE 763 ADDITIONAL ITEMS - COUNTY MANAGER Announcement of Airlie Gardens Tour Public Information Officer, Mark Boyer, reported that the Chancellor of N. C. State University and Chancellor of UNC-Wilmington will be touring Airlie Gardens on Tuesday, February 8, 2000, at 4:15 p.m. and reported that the County Commissioners are invited to attend. Commissioner Birzenieks reported that he would try to attend the tour. Report on Settlement of the Hicks v New Hanover County Lawsuit County Attorney Copley reported for the record that the Hicks v New Hanover County lawsuit has been settled for $16,250. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 10:25 p.m. Sincerely, Lucie F. Harrell Clerk to the Board