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2000-02-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 785 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 21, 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 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 Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Davis led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item that was listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. The following items were presented: Status Report on Formation of the New Hanover County Beach Communities Board On behalf of the Wrightsville Beach Board of Aldermen, Carolina Beach Town Council, and Kure Beach Town Council, Alderman Barry N. Mowbray reported that the elected officials of the beach communities had recently formed the New Hanover County Beach Communities Board. The mission of this Board is to speak as one voice to lobby at the County and State levels of government on issues that affect the beach communities. He advised that Carolina Beach, Kure Beach, and Wrightsville Beach comprise approximately 5% of the population of New Hanover County and represent 15% of the property tax base. Alderman Mowbray requested the Board of County Commissioners to include the beach communities in the consolidation effort and the open space bond issue. He advised that the Beach Communities Board was not asking for a handout, but the group was offering to work with the County Commissioners in addressing issues of countywide concern. Vice-Chairman Greer expressed appreciation to Alderman Mowbray, Mayor Rothrock, and Mayor Medlin for establishing the board and stated that the beach communities are a part of New Hanover County and they do not have to lobby the County to address their needs. Mr. Mowbray thanked Vice-Chairman Greer for his remarks, but stated the Beach Communities Board will enable the beach communities to organize their thoughts and approach the local legislators and elected officials as one voice to present their needs, which will save time for all persons involved. Chairman Caster advised that in discussions about the open space bond referendum, it has always been the intent of the Board to receive input from the beach communities when determining how bond proceeds should be expended. Also, after meeting with Mayor Jones last week to talk about scheduling a joint meeting with the City of Wilmington to discuss consolidation, it was decided at this meeting to write the beach communities a letter requesting their input. Regardless of whether the beach towns do or do not want to be included in the consolidation process, input will be requested. Invitation to Attend Memorial Day Services on May 29, 2000 in the National Cemetery Mr. E. T. Townsend, Secretary of the New Hanover County Veterans Council, invited the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 786 Board of County Commissioners to attend Memorial Day Services in the National Cemetery on May 29, 2000, at 10:30 a.m. Mr. Townsend also expressed appreciation to the Board, on behalf of the Veterans Council and the 16,000 veterans living in New Hanover County, for the support of a Veterans Service Officer position to operate the local office. Chairman Caster, on behalf of the Board, thanked Mr. Townsend for his time and effort given through the years to promote the services needed by veterans living in our community. Request for Removal of Item 12 on the Regular Agenda County Manager O’Neal requested the Board to remove Item 12 regarding the award of a contract for installing electrical generator transfer switches at school shelters since not enough bids were received. He advised that the project will be readvertised. Consensus: It was the consensus of the Board to remove Item 12 from the Regular Agenda. APPROVAL OF CONSENT AGENDA Vice-Chairman Greer requested removal of Consent Agenda Items 13 and 21 for further discussion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to remove Consent Agenda Items 13 and 21 and approve the remaining items on the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meeting of February 7, 2000 as presented by the Clerk to the Board. Acceptance of Foster Grandparent Grant Award for January 1, 2000 through December 31, 2000 The Commissioners accepted the Foster Grandparent grant awarded to the Department of Aging for the third year in the amount of $124,681. The County’s match is $35,796 which is all in- kind and is appropriated in the current budget. The funds will be used to pay a stipend to lower income older adults who work with children that are disadvantaged or “at-risk”. Approval of Schedule for Airlie Gardens for Spring 2000 The Commissioners approved the schedule for Airlie Gardens for Spring 2000 as recommended by the Airlie Foundation and Board of Trustees at their February 8, 2000 meeting. Acceptance of Funding for the New Hanover County Master Gardeners Program Assistant and Approval of Associated Budget Amendment #00-0112 The Commissioners accepted $10,000 and approved the associated budget amendment to continue funding a Master Gardener Program Assistant. The grant is from the New Hanover County Master Gardener Association and requires no additional County or State funding. Budget Amendment #00-0112-Cooperative Extension Service ADJUSTMENTDEBITCREDIT Cooperative Extension Service: New Hanover County Master Gardeners Association Grant$10,000 Salaries and Wages$9,290 Social Security Taxes$ 710 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 787 Approval of Southeastern Center Purchase of Land and Buildings th The Commissioners approved the purchase of a 1.09 acre site at the corner of 16 and Martin Streets by the Southeastern Center. The property consists of a two-story office building which houses the New Visions Programs, and a one-story residential building which houses Kelly House. The two programs are a joint effort by Southeastern Center and Arid/Serenity/SENCland to provide outpatient counseling and residential services to substance abusing pregnant women and mothers with newborns. The cost of the purchase will be $261,669. Local governing boards of all counties served by Southeastern Center must approve this purchase. No additional County funds are required for the purchase, nor is the County being asked to assume any additional responsibility for the property. Award of Contract #00-0160 for Renovation of the Medical Records Area in the Health Department Building The Commissioners awarded Contract #00-0160 to Port City Builders, the lowest bidder, in the amount of $151,694 for renovation of the medical records area in the Health Department. The Chairman was authorized to execute the contract. A copy of the contract is on file in the Legal Department. Adoption of Resolution Awarding Contract #00-0296 for Landfill Cell 6 Design to Post, Buckley, Schuh and Jerrnigan, Inc. The Commissioners adopted a resolution awarding Contract #00-0296 to Post, Buckley, Schuh & Jerrnigan, Inc., (PBS&J) in the amount of $224,214 for the permitting and design services for construction of Cell 6 at the New Hanover County Landfill. The Chairman was authorized to execute the contract. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 3. A copy of the contract is on file in the Legal Department. Adoption of Resolution to Add Roads in the Greenbriar South Subdivision to the N.C. Highway System The Commissioners adopted a resolution to add roads in the Greenbriar South Subdivision to the N.C. Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 3. Approval of Revised Health Department Fee Policy to Include Meningococcal Vaccine The Commissioners approved the revised Health Department Fee Policy to include the Meingococcal Vaccine at a fee of $65 per injection. The Center for Disease Control and Advisory Committee on Immunization Practices has recently issued a recommendation for college freshman and other undergraduate students to be immunized to reduce the risk of students contacting this disease. Authorization for Cape Fear Museum to Transfer the Exhibit, Hole World, to Rocky Mount Children’s Museum or Imagination Station in Wilson, and to Transfer the Surplus Cash Register to Imagination Station The Commissioners authorized the Cape Fear Museum (CFM) to transfer the exhibit, Hole World, to Rocky Mount Children’s Museum or Imagination Station in Wilson, and to transfer the surplus cash register to Imagination Station. Approval of Revised Draft Ethics Policyfor Cape Fear Museum The Commissioners approved a revised ethics policy for the Cape Fear Museum staff, trustees, and volunteers. The American Association of Museums recommended that the Museum be accredited, which requires the ethics policy to include volunteers. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 788 Adoption of Resolution to Award Contract #00-0282 to Hart Information Services, Inc., for the Purchase of an Integrated Information and Imaging System and Award Contract #00-0283 to Virtual Image Technology, Inc. for the Conversion of the Existing Register of Deeds Records The Commissioners adopted a resolution to award Contract #00-0282 to Hart Information Services, Inc., in the amount of $547,196.00 for acquisition of an Integrated Information and Imaging System and to award Contract #00-0283 to Virtual Image Technology, Inc. in the amount of $206,325.50 for conversion of existing records in the Register of Deeds Office. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 3. Copies of the contracts are on file in the Legal Department. Release of Taxes Barred by N. C.G.S. 105-378 The Commissioners approved the following release of values from 1989 since N.C.G.S. 105- 378 does not allow force collection of any taxes after ten years from the date due: New Hanover County $116,990.32 Fire District 2,958.16 City of Wilmington 56,648.29 Wrightsville Beach 4,452.49 Carolina Beach 5,460.11 Kure Beach 406.57 Total $186,915.94 These uncollected accounts are .37% of the combined tax levies for the County and the municipalities charged in 1989 in the amount of $51,021,705.43. Release of Value The Commissioners approved release of the following late list penalties as this was the taxpayer’s first offense or they certified they listed during the regular listing period: Guthrie, Eugene F. and Laurie A. $ 8.15 Parker, Ray B. 133.20 Ramada Inn at Wilmington 305.73 Rippy, Katharine 8.36 Venters, Mark D. III 3.86 The Commissioners granted the Senior Citizen/Disability Exclusion to the following taxpayers. Applications and letters explaining the late filing are available upon request in the Tax Department. Bailey, Willie R. Etux. Etal.$20,000 Foreman, Patty Stocks 20,000 Ingram, Frances P. 20,000 Robinson, Lillie 20,000 The Commissioners approved a delinquent application for exemption from the property tax for the following organization. The application and letter explaining the late filing are available upon request in the Tax Department. Upper Room Praise & Worship CenterR06009-022-009-080 Acceptance of Tax Collection Reports Through January 31, 2000 The Commissioners accepted the following Tax Collection Reports through January 31, 2000, as submitted by the Collector of the Revenue, Patricia J. Raynor: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 789 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 3. Approval of Budget Amendment #00-0111-Health/Safe Communities The Commissioners approved the following Budget Amendment: Budget Amendment #00-0111-Health/Safe Communities ADJUSTMENTDEBITCREDIT Health/Safe Communities: Safe Kids Coalition$1,000 Department Supplies$1,000 Explanation: To budget funds from the North Carolina Safe Kids Coalition to be used for the Safe Kids Program to assist in program efforts and a Baby Safety Shower for the community. Adoption of Certified Corporate Resolution for Depository Authorization The Commissioners adopted a resolution authorizing the Finance Director, Deputy Finance Director, and Assistant Finance Director to perform transactions with investments in First Union National Bank. These funds are in a money market account where interest is calculated daily and principal is not at risk. This investment is highly secured, allows the County to maximize interest income, and remains flexible. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 3. Board of Equalization and Review Meeting Scheduled for May 1, 2000 The Commissioners agreed to sit as the 2000 Board of Equalization and Review and schedule the first meeting on May 1, 2000. Authorization to Waive Building Permit Fees for Restoration of the Bellamy Mansion Carriage House The Commissioners authorized waiver of building permit fees estimated at $1,600 for the Bellamy Mansion Carriage House restoration. This restoration will result in 2,600 square feet of classrooms, office space, and restrooms. APPROVAL OF CONSENT AGENDA ITEM 13, ADVERTISEMENT OF TAX LIENS ON REAL PROPERTY Vice-Chairman Greer commented on two different dates being listed in the agenda packet and he asked if the March 22, 2000, advertisement would be for all 1999 real estate accounts that have not been paid by 5:00 p.m. on Tuesday, March 14, 2000, or January 31, 2000. Deputy County Manager Atkinson responded that March 14, 2000, was the correct date. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to approve the advertisement of tax liens for unpaid real estate taxes to be published on March 22, 2000, for all delinquent real estate accounts that have not been paid by 5:00 p.m. on Tuesday, March 14, 2000. APPROVAL OF CONSENT AGENDA ITEM 21, ADOPTION OF NEW HANOVER COUNTY CAPITAL IMPROVEMENT PROGRAMS ORDINANCE Vice-Chairman Greer spoke on being uncomfortable with adopting an ordinance instructing the Budget Department to incorporate $85,249,675 in the FY 2000-2001 Budget. He stated that a list identifying capital projects would be more appropriate. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 790 A lengthy discussion was held on the purpose of the ordinance. County Manager O’Neal explained that the ordinance was not an active document, but a working document. The purpose of the ordinance is to provide a list of capital projects that have been approved by the Board so that each budget year, the Board can decided which projects to include in the budget. This is a document for long range planning. nd Vice-Chairman Greer recommending rewording the 2 paragraph of the ordinance to read as follows: That the Board of Commissioners does hereby adopt the following Capital Improvement Programs for FY 2000-2001 and instructs the Budget Department to incorporate these projects for budget consideration in the 2000-2001 Budget. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to adopt the revised Capital Improvement Programs Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 3. PRESENTATION OF SERVICE RECOGNITION PLAQUE TO NANCY PRITCHETT On behalf of the Board, Chairman Caster presented a plaque and expressed appreciation to Ms. Nancy Pritchett for serving 25 years with the Keep America Beautiful Program in New Hanover County. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: James R. ShivarInspections Department 5 Years Brenda K. CarterCooperative Extension Service 5 Years Karen J. RamseySocial Services10 Years Linda G. MitchellSocial Services15 Years Betty SteeleSocial Services35 Years On behalf of the Board, Chairman Caster presented services awards to these employees and he expressed appreciation to them for their years of dedicated service. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: Jon Frederiksen, Cooperative Extension Service Michael George, Emergency Management Department Michael (Max) Maxwell, Engineering Department Mylinda Jacobsen, Environmental Management Department Jane Dove, Finance Department Glendora Slapy, Health Department Ricky Gibbs, Health Department Brian Scott, Health Department Gale Hilton, Information Technology Holt Moore, Legal Department Carolyn Johnson, Register of Deeds Susan Hall, Social Services Judie Stream, Social Services Madeline Chatelle, Social Services Michele Riggs, Social Services Allan Haddock, Sheriff’s Department NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 791 On behalf of the Board, Chairman Caster welcomed these new County employees to County Government, and he wished them success in their new positions. RECOGNITION OF MARK SUDDUTH FOR RECEIPT OF A PROJECT IMPACT AWARD On behalf of the Board, Chairman Caster congratulated Mark Sudduth, owner of Hurricane Maps Enterprises, for receiving a National Project Impact Award for an Outstanding Small Business nd Person presented by James Lee Witt, Director of FEMA at the 2 National Project Impact Summit held in Washington, D.C. He stated this award was given to Mark for his tireless efforts to protect his business, employees, customers and the community from natural disasters, particularly hurricanes. He has set a standard of excellence in promoting disaster resistence. Emergency Management Director, Dan Summers, officially presented the FEMA National Project Impact Award to Mr. Sudduth. He expressed appreciation to Mr. Sudduth for his outstanding contributions to the community during hurricane events. Mr. Sudduth expressed appreciation to the Board for this recognition and stated that he had enjoyed being able to participate in the local Project Impact Program. PRESENTATION OF CERTIFICATE OF APPRECIATION TO WAYNE PEARCE Chairman Caster, on behalf of the Board, presented a Certificate of Appreciation to Wayne Pearce for his donation of a $1,000 award that he received from Carolina Power & Light as their Corporate Volunteer Service Award. The funds will be used by the Emergency Management Department to purchase safety vests, first-aid supplies, and training materials for the Volunteer Search Team. RECOGNITION OF COOPERATIVE EXTENSION SERVICE STAFF AS THE 1999 WINNER OF THE STATE SEARCH FOR EXCELLENCE AWARD FOR ADMINISTRATION AND LEADERSHIP EXCELLENCE Chairman Caster, on behalf of the Board, congratulated the Cooperative Extension Service Staff for being selected to receive the Administration and Leadership Excellence cash award given by the North Carolina Cooperative Extension Service Foundation at the Annual Conference of North Carolina Cooperative Extension Services held on November 15,1999, in Raleigh, North Carolina. This annual award is given to one of the 101 North Carolina Cooperative Extension offices which exhibits outstanding accomplishments in extension programming. The New Hanover County office has exhibited innovative programs to train the horticulture industry through Certified Arborist and Plantsman programs; to acquire and develop Airlie Gardens; and to provide pesticide education, volunteer training, youth environmental education, nutrition programming and other programs. RECOGNITION OF DR. BRUCE WILLIAMS FOR WINNING THE 1999 STATE SEARCH FOR EXCELLENCE AWARD FOR RESOURCE DEVELOPMENT Chairman Caster, on behalf of the Board, congratulated Dr. Bruce Williams for his leadership and receipt of a plaque and cash award for Resource Development by the North Carolina Cooperative Extension Services Foundation at the Annual Conference of North Carolina Cooperative Extension Services. The annual award is presented to an extension employee who has demonstrated excellence in resource development to support extension programming. Dr. Williams was recognized for participating in securing grants to support the acquisition and development of Airlie Gardens, the New Hanover County Extension Arboretum and facilities, expansion of educational opportunities for New Hanover County citizens and many other funding opportunities. RECOGNITION OF NEW HANOVER COUNTY INFORMATION TECHNOLOGY DEPARTMENT FOR SUCCESSFUL Y2K OPERATIONS On behalf of the Board, Chairman Caster expressed appreciation to the Information Technology Department for performing all Y2K duties within the normal work schedule thus avoiding the necessity of hiring additional staff, which has resulted in no increase in the budget for Y2K activities. County Manager O’Neal advised that lunch would be served to the Information Technology Staff after the meeting to express appreciation to them for this outstanding job. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 792 POSTPONEMENT OF REQUEST BY THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT TO CONTRACT WITH JACOBS ENGINEERING IN THE AMOUNT OF $75,000 FOR COMPLETING THE PRELIMINARY PHASE OF THE FOUR WASTEC UPGRADES County Manager O’Neal reported that he had contacted Mr. Charles R. Jeter, P.E., Vice- President of Corporate Environmental Affairs, RMT, Inc., about discussing with the Board the future of incineration and landfills. He advised that Mr. Jeter and members of the firm are experts in the environmental waste management field, and he can meet with the Board on March 13, 2000, from 3:00 p.m. until 5:00 p.m. before the regular meeting scheduled for 6:30 p.m. County Manager O’Neal spoke on having a pleasant conversation with Mr. Jeter and stated that he was impressed with the comprehensive view Mr. Jeter had on waste-to-energy and integrated solid waste management programs. Commissioner Birzenieks informed the Board that Mr. Jeter was a former Director of the Environmental Protection Agency for the Southeast Region of the United States. County Manager O’Neal spoke on the four projects that are being delayed under this agenda item and stated that EPA requirements necessitate some of upgrades to be performed by November 2000. He requested Mr. John Hubbard, Plant Manager of the WASTEC Facility, to comment. Mr. Hubbard reported that two projects involving Boiler #3 must be in place by November 19, 2000, to comply with EPA regulations. These projects are the carbon injection system and the constant emissions monitoring system upgrade. The baghouses on Boiler #1 and Boiler #2 do not have to be upgraded by November. Vice-Chairman Greer asked if Boiler #3 was out of compliance because it is now considered a large boiler. Mr. Hubbard responded that Boiler #3 is now considered a large unit which does make it out of compliance. Commissioner Davis spoke on respecting the recommendation by Commissioner Birzenieks to hear from experts, but stated he did not want the members of the Solid Waste Advisory Board to feel this was a reflection on the hard work and time given by this group to prepare recommendations on solid waste management for consideration by the Board of County Commissioners. He explained that the purpose for hearing a consultant is to be sure that all available information has been received before the Commissioners vote on an issue of this magnitude. Commissioner Birzenieks expressed appreciation to Commissioner Davis for his remarks and stated that RTM, Inc. will address the following issues: •What is the future of incineration? •What kind of federal regulations and guidelines will apply to incineration? •How does an expert firm feel about landfills and the flow of solid waste. Commissioner Birzenieks spoke on this being a long term solution and stated the Board needs to hear a global comprehensive view of incineration and usage of landfills before rendering a decision. Consensus: After discussion, it was the consensus of the Board to schedule a Work Session on Monday, March 13, 2000, at 3:00 p.m. to hear a presentation on incineration and landfills from RTM, Inc. and to defer action on Regular Agenda Item 9 until after hearing from the consulting firm. APPROVAL OF DESIGN FOR JUDICIAL BUILDING EXPANSION Mr. Bruce Bowman, Architect with BMS, presented the following report on the Judicial Building expansion: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 793 The building program consists of a 5-story expansion with an attic affording approximately 50,000 square feet of additional space. Approximately 50,000 square feet of the existing facility will be renovated with the balance receiving fresh interior finishes. The addition will include: •1 large courtroom each for Superior and District court use. •A third smaller courtroom will be for District Court use. •New mediation facilities. •Significant expansion to the District Attorney’s office and Clerk of Courts offices. •Relocation and expansion of the judges suites. •Consolidation and expansion of the Register of Deeds offices. The building orientation and design will be as follows: •The addition is designed to be sensitive to the historic context of the site and to compliment the neighboring structures. •The building area is maximized to the extent possible while preserving views to the Historic Courthouse. A public pedestrian plaza will afford spatial relief. •Building circulation has been re-oriented to serve the new addition and adopt to future expansion allowing flexibility for growth to the south. The features of the building are as follows: •There will be only one single point of public entry and exit with security screening. •There will be security monitoring of public spaces and courtrooms. •Infrastructure will be provided such as conduit, cable access, flooring, and custom casework to support technological advancements in electronic litigation, communication and information storage for the new courtrooms. •Inmate circulation and holding areas will be improved. •The construction cost is $9.1 million excluding professional fees, non-built-in furniture, and equipment. The following status report was presented on the construction schedule: •Bid documents are one-third completed and will be ready to bid mid-year. •Zoning and technical approvals are complete except for City Council approval of the Special Use Permit. In March, the City Council will be requested to allow construction to begin for the expansion prior to construction of the parking project with the proviso that the expanded building will not be occupied until the parking project is in service. The City will need a firm to design the construction plan for the parking project prior to issuance of the Judicial Building permit. In concluding the presentation, Mr. Bowman requested the Board to adopt a resolution to carry to the Wilmington City Council at their next meeting scheduled in March 2000. Vice-Chairman Greer asked Mr. Bowman if parking spaces were available at the City Parking Deck on Third Street. Mr. Bowman responded that a few parking spaces could be leased; however, the number of spaces was not sufficient to meet City requirements for the Judicial Building expansion. He advised that an assembly formula was used by the City to determine the number of spaces, which is about the same as a normal office building at 3 parking spaces per 1,000 square feet. Further discussion followed on the cost of the project. Vice-Chairman Greer requested Mr. Bowman to comment on the amount of money that will be involved with professional fees, non-built- in furniture, and equipment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 794 Mr. Bowman explained that detailed floor plans have just been approved by the Superior Court Judges; therefore, the next step will be to survey what furnishings can be reused, how much new furniture is needed, and the amount of equipment needed. Once this work has been completed, a list of needs will be prepared and an estimated cost figure should be available in the near future. Discussion was held on landscaping. Commissioner Birzenieks requested Mr. Bowman to comment on the plan. Mr. Bowman reported that feature plantings will be placed around the fountain area and ramp area with no disruption to existing plants located on the corner of Third and Market Streets. Mature and new plantings will also be used to provide a courtyard that will enhance the entire site. Chairman Caster expressed appreciation to Mr. Bowman for the informative report and stated that no action would be rendered until the next item had been heard. BREAK Chairman Caster called a break from 10:00 a.m. until 10:29 a.m. CONSIDERATION OF RESOLUTION AUTHORIZING A PARKING DECK TO MEET REQUIRED ZONING FOR THE JUDICIAL BUILDING EXPANSION Chairman Caster announced that the Board would convene to Closed Session as requested by County Attorney Copley. County Attorney Copley explained that the Closed Session would be pursuant to N.C.G.S. 381.11(5) to instruct the public body’s staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating the price and other material terms of a contract or proposed contract for the acquisition of real property by a purchase, option, exchange, or lease. Chairman Caster requested a motion to go into Closed Session. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to convene to Closed Session pursuant to N.C.G.S. 381.11(5) as requested by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. CLOSED SESSION Chairman Caster convened from Regular Session to Closed Session at 10:35 a.m. Chairman Caster reconvened to Regular Session at 11:10 a.m. Chairman Caster reported that no action was taken in the Closed Session. CONTINUATION OF ITEM 10.2, A RESOLUTION AUTHORIZING A PARKING DECK TO MEET REQUIRED ZONING FOR THE JUDICIAL BUILDING EXPANSION After the Closed Session, the Board continued to discuss the proposed resolution regarding the construction of a parking deck to meet required City zoning for the Judicial Building Expansion. Ms. Mary Hatcher, Chairman of the New Hanover County Library Advisory Board, spoke on behalf of the Advisory Board and presented the following concerns about the proposal to construct a new County Administration Building and parking deck on the Library site: 1.What will happen to the 500,000 patrons that use the Library on an annual basis? Where will they park during the construction period? 2.What will happen once the parking deck is opened? Will there be a guarantee that 150 spaces of easily accessible, convenient parking will be dedicated strictly for Library use? 3.How can the County minimize the adverse impact on the Library during this period of time? NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 795 Commissioner Howell stressed the importance of everyone understanding that the Commissioners have no intention of harming the Library or negatively impacting the customers using this facility. Ms. Hatcher again referenced the 500,000 patrons who use this facility annually and the number of people who generously donate to the Library, and she informed the Board that these people will be quite upset if adequate, accessible parking is not provided on a daily basis. She also reported that within five years, more space will be needed at the Library to accommodate new books. After a review of this need, the Library Advisory Board recommends renovation of the third-floor of the Library Building for library use at the same time the County Administration Building and parking spaces are being constructed. This proposal will shorten and minimize the length of time that the Library will be adversely impacted. She requested the Board to consider this recommendation. Library Director David Paynter emphasized the importance of adequate parking for any business and stated it will be imperative for library patrons to have free parking spaces in the new parking deck. He expressed concern for not having enough parking spaces to accommodate 300 jurors, library patrons and New Hanover County employees. He requested the Board to consider the Library needs when rendering a decision. Deputy County Manager Atkinson explained that the planned size for the parking deck included 250 to 300 parking spaces for the Judicial Building expansion, parking spaces for the Library, and parking spaces for county employees. The resolution was prepared so the City would be assured that parking space would be available at the time of occupancy. Chairman Caster stated it appears that fewer than 300 parking spaces will be needed and he asked if the resolution should be amended to inform the City that adequate parking will be provided. Discussion followed on the amount of time needed to complete the project. Project Engineer, Greg Thompson, advised that the Judicial Building expansion should be completed in three years. Motion: After a lengthy discussion on the proposed resolution, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to adopt an amended resolution to read as follows: WHEREAS, the Board of County Commissioners has authorized the expansion and renovation of the Judicial Building; and WHEREAS, the City of Wilmington zoning requirements require the County to provide adequate parking spaces as a result of the Judicial Building expansion; NOW, THEREFORE BE IT RESOLVED by the New Hanover County Board of Commissioners that a new parking facility will be constructed and available at the time of occupancy of the Judicial Building. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 3. APPROVAL OF OPEN SPACE BOND ORDER, DESIGNATION OF PUBLIC HEARING FOR MARCH 13, 2000AND FILING STATEMENT OF DEBT County Attorney Copley requested the Board to approve a Bond Order, set the Public Hearing for the Bond Order on March 13, 2000, and file a Statement of Debt. Upon approval, the Statement of Debt will be filed with the Clerk to the Board of County Commissioners for public inspection. Chairman Caster requested a motion to introduce the Bond Order. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 796 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to introduce the Bond Order. Chairman Caster read the following bond order: Section 1: The Board determines that it is necessary to provide open space and park and recreation facilities, including the acquisition of interests in real property and the acquisition, construction, expansion, improvement and equipping of new and existing facilities for such purposes, and to pay capital costs of such improvements. Section 2: To raise the money required to pay capital costs of providing the improvements described above, in addition to any funds which may be made available for the purpose from any other sources, bonds of the County are hereby authorized and shall be issued pursuant to The Local Government Finance Act. The maximum aggregate principal amount of bonds authorized by this bond order shall be $45,000,000. Section 3: Tax sufficient to pay the principal of and interest on those bonds when due shall be annually levied and collected. Section 4: A sworn statement of the County’s debt has been filed with the Clerk to the Board and is open to public inspection. Section 5: This bond order shall take effect when approved by the voters of the County at a referendum. The motion to introduce the bond order was UNANIMOUSLY ADOPTED by the New Hanover County Board of Commissioners. Chairman Caster called for a motion to adopt a resolution authorizing a Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to adopt the following resolution: WHEREAS, the bond order entitled “BOND ORDER AUTHORIZING THE ISSUANCE OF $45,000,000 OPEN SPACE, PARK AND RECREATION BONDS OF THE COUNTY OF NEW HANOVER” has been introduced at the meeting of the Board of Commissioners of the County of New Hanover held on February 21, 2000, and the Board desires to provide for a public hearing thereon and the submission of a statement of debt in connection therewith as required by The Local Government Finance Act; NOW, THEREFORE, BE IT RESOLVED by the Board as follows: The public hearing upon that bond order shall be held in the New Hanover County Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina, at a meeting that begins at 6:30p.m., March 13, 2000. The Clerk to the Board is hereby directed to cause a copy of the bond order to be published with the notice of hearing in the form prescribed by law in a qualified newspaper no fewer than six days prior to the public hearing. The Finance Officer is hereby directed to file with the Clerk to the Board prior to publication of the bond order with the notice of such public hearing, a statement setting forth the debt incurred or to be incurred, the appraised value of property subject to taxation by the County and the net debt of the County. MOTION WAS UNANIMOUSLY ADOPTED. Upon vote, the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 797 Commissioner Davis asked if Staff had checked into securing grants to acquire open space that would compliment or could be used in place of the $45,000,000 bond issue. County Manager O’Neal responded that he was not aware of any grants that could be used in place of the $45,000,000; however, there is on-going discussion with Attorney Camilla M. Herlevich, Director of the N. C. Coastal Land Trust, about opportunities to secure funding through land trust activities to compliment the $45,000,000. Also, Parks Director Neal Lewis is reviewing grant opportunities at the state, federal, and foundation levels to see if any grant funding can be secured. Generally federal and state grants come with a local government requirement. Commissioner Davis commented on there being no assurances that state or federal grants can be obtained to acquire open space; therefore, if the County wants to preserve open space, the $45,000,000 is necessary. DELAY OF TAX APPEAL FOR FRED G. HATHAWAY Tax Administrator Bob Glasgow advised that Mr. Hathaway contacted the office and requested delaying his tax appeal to another meeting because of a broken leg as the result of a ski accident. Consensus: It was the consensus of the Board to delay the tax appeal for Mr. Hathaway to a future meeting. DENIAL OF TAX APPEAL ON TWO PARCELS OF PROPERTY OWNED BY HF ASSOCIATES Tax Administrator Bob Glasgow advised that the Tax Department had not received any contact from HF Associates after mailing numerous letters and deferring action on the tax appeal in December and February. There is no documentation to show why HF Associates disagrees with the values assigned to the two parcels. It has been determined that the values are consistent with parcels in this area. Motion: After discussion of not hearing from HF Associates, Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to uphold the Tax Department’s value on R04319-001-006- 000 at $234,947 and R04319-001-007-000 at $710,404. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11:35 a.m. to hold a meeting of the Water and Sewer District. Chairman Caster reconvened to Regular Session at 11:40 a.m. COMMUNITY APPOINTMENTS TO BOARDS AND COMMISSIONS Appointments to the Adult Care Home Community Advisory Committee Chairman Caster announced that four vacancies exist on the Adult Care Home Community Advisory Committee and he advised that only three applications had been received. Clerk to the Board, Lucie F. Harrell, informed the Board that she would continue to recruit and advertise for applicants; however, there is an immediate need to fill at least three of the vacancies. Chairman Caster opened the floor to receive nominations. Commissioner Birzenieks nominated Dollie Pollock. The nomination was seconded by Chairman Caster. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 798 Chairman Caster nominated Mollie Coldwell Ley. The nomination was seconded by Commissioner Howell. Commissioner Birzenieks nominated Cassandra Wilson. The nomination was seconded by Chairman Caster. Chairman Caster called for a vote on the three persons nominated. Vote: Upon vote, the Board UNANIMOUSLY appointed Mollie Coldwell Ley, Dollie Pollock, and Cassandra Wilson to serve one-year initial terms on the Adult Care Home Community Advisory Committee with the terms to expire February 28, 2001. Appointments to the Human Relations Commission Chairman Caster announced that one unexpired term needed to be filled on the Human Relations Commission to fill the vacancy created by the resignation of Benjamin P. Wright. He stated two applications have been received, and he opened the floor to receive nominations. Commissioner Birzenieks nominated Lethia S. Hankins. The nomination was seconded by Commissioner Davis. Vote: Upon vote, the Board UNANIMOUSLY appointed Lethia S. Hankins to fill an unexpired term on the Human Relations Commission to expire December 31, 2002. Clerk to the Board, Lucie F. Harrell, reported that a letter from the Human Relations Commission was just presented by Assistant County Manager Pat Melvin notifying the Board that Mr. Robert Philpott has resigned. The Human Relations Commission would like for the Board to consider appointing Anthony Gentile to fill the unexpired term. Discussion was held on whether Mr. Gentile had agreed to serve and if the unexpired term should be advertised. Assistant County Manager Melvin advised that Mr. Gentile has agreed to fill the unexpired term of Mr. Philpott and serve as Secretary of the Human Relations Commission. The reason for this information not being presented earlier was because an official letter of resignation had not been received from Mr. Philpott. Commissioner Davis expressed concern for the application in the name of Robert Sanders not listing how long he has lived in New Hanover County. After further discussion, the Clerk to the Board was requested to contact Mr. Sanders to list his residency in New Hanover County. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to appoint Anthony Gentile to fill the unexpired term of Robert Philpott on the Human Relations Commission to expire December 31, 2001. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointments to the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board Chairman Caster announced that one vacancy exists on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board. He advised that the Advisory Board has requested the position to be filled from the following categories: Juvenile Defense Attorney Member of Business Community Deputy County Manager Atkinson advised that since the agenda was published, two at-large members have resigned, Liz Marciniak and Jeanie Renegar; therefore, there are three vacant positions. Also, no applications received would fill the Juvenile Defense Attorney position. Chairman Caster opened the floor to receive nominations. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 799 Commissioner Birzenieks nominated Harold B. King to serve as an at-large representative. The nomination was seconded by Chairman Caster. Chairman Caster nominated John A. Ranalli to serve as an at-large representative. The nomination was seconded by Commissioner Birzenieks. Commissioner Birzenieks nominated Aida Toplin. The nomination did not receive a second. Chairman Caster nominated Erik Lindstrom. The nomination was seconded by Commissioner Birzenieks. Vote: Upon vote, the Board UNANIMOUSLY appointed the following persons to serve as at-large representatives on the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board: Harold B. King, term to expire September 30, 2001 Erik Lindstrom, term to expire September 30, 2000 John A. Ranalli, term to expire September 30, 2002 Commissioner Davis commented on serving as the Commissioner appointed to the Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board and stated that since the meetings have been changed to Friday afternoons, he cannot attend meetings due to his court schedule. He requested another Commissioner to consider serving on this Advisory Board. Discussion followed on whether it was necessary for a County Commissioner to serve on this Board. Deputy County Manager Atkinson advised that pursuant to the enabling legislation one County Commissioner should serve on the Criminal Justice Partnership Advisory Board. After discussion of the need to be informed, the Board requested Deputy County Manager Atkinson to provide reports to the Board of County Commissioners on the activities of the group. Deputy County Manager Atkinson advised that he would be glad to furnish status reports on a routine basis; however, he is concerned that state funding and grants will not be available to operate the program without the use of general tax dollars. The recent changes in the legislation are placing more demands on the local community, and if this trend continues, there will be no source of revenue other than County tax dollars. It would be ideal for a Commissioner to be involved with the Advisory Board when this type of situation occurs. Commissioner Birzenieks stated that due to his time constraints, he could not volunteer to serve as a full time member of the Partnership Advisory Board; however, if a specific issue arises and a Commissioner is needed, he would be glad to attend a meeting. Chairman Caster concurred with Commissioner Birzenieks and stated that he would also be glad to attend a meeting when needed. Appointments to the Nursing Home Community Advisory Committee Chairman Caster announced that three vacancies need to be filled on the Nursing Home Community Advisory Committee. He stated that three applications have been received. Commissioner Birzenieks nominated Peggy J. Hall. The nomination was seconded by Chairman Caster. Chairman Caster nominated Donald E. Price. The nomination was seconded by Commissioner Birzenieks. Chairman Caster nominated Jo Faye B. Todd. The nomination was seconded by Commissioner Birzenieks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 800 Vote: Upon vote, the Board UNANIMOUSLY appointed Peggy J. Hall, Donald E. Price, and Jo Faye B. Todd to serve 1-year terms on the Nursing Home Advisory Committee with the terms to expire February 28, 2001. Reappointment of Robert L. Randall to Serve on the Port, Waterway and Beach Commission Chairman Caster announced that one vacancy needed to be filled on the Port, Waterway and Beach Commission. He advised that four applications have been received and stated that one applicant, Robert L. Randall, desires to be reappointed to serve another 3-year term. Motion: Commissioner Birzenieks MOVED, SECONDED by Chairman Caster to reappoint Robert L. Randall to serve a 3-year term on the Wilmington/New Hanover Port, Waterway and Beach Commission as the Commerce & Finance Representative. The term will expire February 28, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF UPDATE ON DRAINAGE County Engineer, Wyatt Blanchard, reported that as of today, the N. C. Department of Correction has begun work on the Runneymeade drainage project. Ditch banks are being cleaned and once this work is completed, the ditches will be cleaned of debris. Staff is in the process of obtaining permits to begin work in the southern end of the County. Permits should be received within the next month. Commissioner Howell referenced discussion at the Budget Retreat about establishing a drainage maintenance crew, and he requested a status report on the progress being made by Staff. Assistant County Manager Weaver reported that Staff has been reviewing the need to establish a Drainage Committee to assist Staff with prioritizing drainage projects. He reported when the March 2, 2000, Drainage Work Session is held, alternatives will be presented to the Board. ADDITIONAL ITEMS - COUNTY COMMISSIONERS New Hanover Regional Medical Center January 2000 Financial Statement Commissioner Birzenieks reported that New Hanover Regional Medical Center lost money during the month of January. These numbers reflect a trend across the country, and the Commissioners and County Staff should be aware of how competitive health care has become. He suggested that Finance Director Bruce Shell attend some of the Finance Committee meetings so he can keep the County informed about the changes occurring in health care. County Manager O’Neal advised that he would contact Dr. Atkinson to be sure that he and Finance Director Shell receive monthly financial statements. Discussion of Project Expediter for the Jail Project Discussion was held on the use of a project expediter for the jail project. County Attorney Copley advised that this item would be on the March 13, 2000 agenda for discussion by the Board. She stated that a decision will have to be made on whether to use a Request for Qualifications, which would be a review of the person’s qualifications, or a Request for Proposals, which would include a fee proposal from interested parties. North Carolina General Statute 143-128(e) requires the Board of County Commissioners to specify in the bid documents that a project expediter will be used. Joint Meeting with the Wilmington City Council to Discuss Consolidating City and County Governments Chairman Caster reported on meeting with Mayor David Jones about scheduling a joint meeting to discuss consolidating City and County governments. He advised that the first step would be to appoint a committee to develop a consolidation plan. After checking available dates, it was determined that March 15, 2000, at 5:30 p.m. would be appropriate. No dinner will be served and the only item discussed will be consolidation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING FEBRUARY 21, 2000 PAGE 801 Consensus: It was the consensus of the Board to schedule a joint meeting with the Wilmington City Council on March 15, 2000, at 5:30 p.m. in the Coast Line Convention Center for the purpose of discussing consolidation of the City and County. ADDITIONAL ITEMS - COUNTY MANAGER Reservation of Table at the Annual Meeting of the Chamber of Commerce County Manager O’Neal announced that a table had been reserved for New Hanover County at the Annual Meeting of Chamber of Commere to be held on Monday, February 28, 2000, at 12:00 noon in the Hilton. Chairman Caster advised that all five Commissioners would be attending the meeting. Announcement of Regional Meeting of the North Carolina Association of County Commissioners County Manager O’Neal announced that a Regional Meeting of the North Carolina Association of County Commissioners would be held on March 23, 2000, from 4:30 p.m. until 6:30 p.m. at the Country Squire in Kenansville, N. C. He requested the Commissioners to let him know if they plan to attend the meeting. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 12:25 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board