2001-05-21 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 587
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, May
21, 2001, at 90:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, North Carolina.
Members present were: Chairman Ted Davis, Jr; Vice-Chairman Robert G. Greer;
Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Davis called the meeting to order and announced that Commissioner Boseman
would be late due to a court case.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell gave the invocation.
Commissioner Caster led the audience in the Pledge of Allegiance to the Flag.
Chairman Davis informed the public that the order in which Items 8 and 9 were listed on the
Regular Agenda would be switched with Item 9 before Item 8 when discussing these issues.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to discuss or remove an item
from the Consent Agenda.
Commissioner Caster spoke on discussing Consent Agenda Items 2 and 5 at the Thursday
Staff meeting and asked if the generator units referenced in Item 2 were located in Fayetteville, North
Carolina, and if the Medicaid rates listed in Item 5 were rounded off to the nearest whole dollar in
the fee changes submitted by the Health Department.
County Manager O’Neal responded that the generators were located in Fayetteville, N. C.,
and stated that he would clarify the rounding off of Medicaid rates and report back to the Board.
After hearing no further comments, Chairman Davis called for a motion to approve the
Consent Agenda.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the
items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 to 0.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting held on May 7, 2001, as
presented by the Clerk to the Board.
Adoption of Resolution to Award Bid #01-0234 and Approve Contract #01-0234A with
Aggreko, Inc. for Rental of Generator Units During the Hurricane Season
The Commissioners awarded Bid #01-0234 and approved Contract #01-0234A with Aggreko,
Inc., the lowest responsible bidder, in the amount of $14,900 for rental of pre-selected generator units
on an as needed basis during the hurricane season.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 29.
Approval of Request to Designate Department of Aging as Lead Agency for Home &
Community Block Grant Funds for FY 2001/2002, Approval of Receipt of Home &
Community Care Block Grant Funds and Title 3F Health Grant Monies
The Commissioners designated the Department of Aging as Lead Agency for Home &
Community Care Block Grant (HCCBG) services in New Hanover County for FY 2001/2002. The
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 588
County is eligible to receive $737,854 to provide services to elderly residents and the HCCBG
Committee recommends the following distribution of funds and services:
Transportation$ 99,280
Home Delivered Meals$140,192
Congregate Nutrition $ 94,614
Case Assisted/I&R$ 30,436
Senior Center$ 25,087
Care Management$ 61,242
In Home Aide Services$200,000
Adult Day Care (Elderhaus)$ 67,883
Adult Day Health (Elderhaus)$ 14,757
Group Respite$ 3,113
Adult Day Care$ 1,250
In Home Aide services will be provided through a contract with dMs Service, Inc. and Adult
Day Care. The Adult Day Health and Group Respite will be provided through a contract with
Elderhaus, and Coastal Adult Day Care. All other services will be administered directly by the New
Hanover County Department of Aging.
The Department of Aging is eligible for $11,183 in Title 3F Health Promotion monies for
2001/2002. These funds will support health promotion/disease prevention programs scheduled
through the Senior Center.
All Home & Community Block Grant and Title 3F funds require a 10% match. The required
match is included in the Department of Aging 2001/2002 requested budget.
Approval of Cooperative Extension Funding Agreement (Contract #01-0333)
The Commissioners approved a Memorandum of Agreement for funding of Cooperative
Extension Service personnel which includes a “send-in/lock in” arrangement. The agreement provides
for the County and State to share 50/50 in the funding of these employees. The County has also
agreed to allow the State to draft these funds on a monthly basis via the State Treasurer’s Electronic
Payments System. The employees will be classified as State employees, and the operating budget,
other than salaries and benefits, will remain a County budget item subject to County processes for
procurement.
A copy of the Memorandum of Agreement is on file in the Legal Department.
Approval of New Hanover County Health Department Revised Fee Schedule Due to Medicaid
Rate Changes
The Commissioners approved the revisions to the New Hanover County Health Department
Fee Schedule due to changes in the Medicaid reimbursement rates. The Health Department cannot
charge less than the Medicaid rate for services.
The revised Fee Schedule is on file in the Health Department.
Acceptance of Tax Collection Reports Through April 30, 2001
The Commissioners accepted the following Tax Collection Reports through April 30, 2001,
as submitted by the Collector of the Revenue, Patricia J. Raynor:
New Hanover County Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXVI, Page 29.
Release of Values - Tax Department
The Commissioners approved a Senior Citizen/Disability Exclusion for the following
taxpayers:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 589
Marshall, Robert L. and Nancy F.$20,000
Approval of Reimbursement From Room Occupancy Tax to the Town of Carolina Beach for
the Sea Oats Project
The Commissioners approved reimbursement from the beach nourishment portion of the
Room Occupancy Tax Fund in the amount of $4,625 to the Town of Carolina Beach for the Sea Oats
Project as recommended by the Port, Waterway, and Beach Commission.
Adoption of Resolution Approving Installment Purchase Contract #01-0334 with Sun Trust
Leasing Corporation for Financing a Trash Compactor and Four Wheel Drive Loader for the
Department of Environmental Management
The Commissioners adopted a resolution awarding Contract #01-0334 to Sun Trust Leasing
Corporation in the amount of $710,012 to finance the recently purchased trash compactor and four
wheel drive loader for the WASTEC Facility. The Chairman was authorized to execute the necessary
documents.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit XXVI, Page 29.
A copy of the lease agreement is on file in the Legal Department.
Acceptance of Cape Fear Memorial Foundation Grant to the New Hanover County Library
The Commissioners accepted a grant from the Cape Fear Memorial Foundation to the New
Hanover County Library in the amount of $50,000 to develop a separate space in the Main Library
for a Consumer Health Library. The funds will be used to remodel the area behind the reference desk
on the first floor for this project.
Approval for New Hanover County to Participate in Regional Heritage Tourism Project
The Commissioners approved the County’s participation in the Cape Fear Regional Growth
Team Heritage/Tourism Map by contribution of $5,000 to defray costs of printing a regional map of
the heritage and tourism sites.
Approval of Changes in the New Hanover County Personnel Policy
The Commissioners approved the following amendments to various sections of the New
Hanover County Personnel Policy and directed Staff to implement the changes effective immediately:
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Article II - Classification Plan
: Deleted portion under Section 3 that was no longer
applicable due to the new classification structure.
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Article III - Pay Plan
: The changes reflect the language needed to administer and
describe the new pay plan. Changes to this article also include the deletion of all
references to the Emergency Medical Services Department.
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Article IV. Sec 11 - Alcohol and Drug Abuse in the Workplace
: Changed to
conform with the language recommended by legal advisers in their review of court
decisions.
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Article VI. Sec. 11 - Unlawful Workplace Harassment and Discrimination:
Changed to include a method that will afford employees a means to report other types
of harassment in addition to sexual harassment.
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Article VII. Sec. 27 - Emergency Leave and Compensation:
Changed to more
accurately reflect the practices used during these periods. Added guidelines for
employees dispatched to work in other locales as a result of an emergency.
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Article IX - Employee Benefits:
Changed method of determining years of eligibility
for continued health and dental coverage following retirement. For the sake of
consistency, it is recommended to use the same definitions and accrual of years
recognized by the North Carolina Retirement system with the added stipulation that
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 590
the last five years earned prior to retirement must have been with the New Hanover County
Government.
Adoption of Bank of America Resolution for Opening and Maintaining Deposit Accounts and
Servicesfor a DSS Client
The Commissioners adopted a Bank of America, N.A. resolution opening and maintaining
deposit accounts and services for a dedicated New Hanover County savings account for DSS Client,
Tareic McCarty. This dedicated savings account is required by the Social Security Administration
for deposit of back SSI payments.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXVI, Page 29.
Approval of Budget Amendment #2001-47 Sheriff-Federal Forfeited Property
The Commissioners approved Budget Amendment #2001-47 as follows:
ADJUSTMENTDEBITCREDIT
Federal Forfeited Property$16,115
Capital Project Expense$16,115
Explanation:
To increase the budget for additional revenue received 4-20-01, 4-25-01 and 5-4-01.
Federal Forfeited Property funds are budgeted as received and must be used for law enforcement
activities as deemed necessary by the Sheriff.
Approval of Budget Amendment #2001-49-Sheriff-Controlled Substance Tax
The Commissioners approved Budget Amendment #2001-49 as follows:
ADJUSTMENTDEBITCREDIT
Controlled Substance Tax$1,653
Capital Project Expense$1,653
Explanation:
To increase the budget for additional revenue received 5-4-01. Controlled Substance
Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff
deems necessary.
Approval of Budget Amendment #01-0201-Health/Breast & Cervical Cancer Control Program
The Commissioners approved Budget Amendment #01-0201 as follows:
ADJUSTMENTDEBITCREDIT
Health:
Breast & Cervical Cancer Control Program:
State Grant$4,000
Contracted Services$4,000
Explanation:
To budget additional money received from the State Breast & Cervical Cancer
Program grant to be used for screening. These are one-time funds to be used in the current fiscal
year.
Approval of Juvenile Crime Prevention Council Annual Plan for July 2, 2001 to June 30, 2002
The Commissioners approved the Annual Plan of the Juvenile Crime Prevention Council
outlining the funding and program plans for the coming fiscal year. The plan will be submitted to the
Area Office of the N.C. Department of Juvenile Justice and Delinquency Prevention and then
submitted to the State Office of the Juvenile Justice and Delinquency Prevention for final approval.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 591
Approval of a New Grant Funded County Position - Director for Juvenile Day Reporting
Center
The Commissioners approved the establishment of a new grant funded position, Director of
the Juvenile Day Reporting Center, at a salary grade of MGO8 in a salary range of $64,480 to
$71,947 to continue operating the alternative sentencing program for long-term suspended students
and/or court adjudicated youth. This position is approved with the understanding that if grant funds
are not continued, the position will be eliminated. Grant funding for the position is for the period
of July 1, 2001 through June 30, 2002.
ARRIVAL OF COMMISSIONER BOSEMAN
Commissioner Boseman arrived at 9:10 A.M.
PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUE
County Manager O’Neal requested the following person to step forward to receive a
retirement plaque:
James H. SmyreSheriff’s Department18 years
On behalf of the Board, Chairman Davis presented a retirement plaque to Mr. Smyre and
expressed appreciation to him for his years of service with the Sheriff’s Department.
PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS:
County Manager O’Neal requested the following employees to step forward to receive service
awards:
Robert L. CowanInspections 5 years
Asami K. MartinSocial Services 5 years
Elizabeth A. RaukthHealth Department10 years
Sherlyn H. GranthamSocial Services10 years
Susan J. JaindlBudget Department15 years
Kellie P. DaughtryHealth Department15 years
Delisa B. DerserauxHealth Department15 years
Wilma G. DanielsSocial Services15 years
Ruby M. HolidayRegister of Deeds20 years
On behalf of the Board, Chairman Davis presented a service award to each employee and
expressed appreciation to them for their years of dedicated service to New Hanover County.
RECOGNITION OF NEW EMPLOYEES
County Manager O’Neal requested the following new employees to stand and be recognized.
Wayne Burns, Fire Services
Joanna Bass, Social Services
Angela Olson, Social Services
Amy Derck, Social Services
Barbara Costin, Social Services
On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover
County government and wished them well in their new positions.
UPDATE ON COUNTY WEB PAGE
Mr. Bill Clontz, Director of the Information Technology Department (IT), presented a review
of web activity that began in 1995 with publishing county documents of interest to the public. Since
1998, the County has moved from simple transactions to real time transactions, such as the system
implemented in the Inspections Department. With a demand from the building industry to provide
a more timely way to schedule inspections for new construction and later check to see if the
inspections were approved, the Commissioners approved funding a few years ago to provide a
wireless office inside inspection cars so the inspector could be totally connected to the web site.
From that point forward, a program has been developed where a builder can use the web site to
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 592
schedule an inspection or see the results of an inspection without talking to an inspector or going to
the Inspections Office. Other items to be placed on the web site in the near future are GIS maps, land
parcel data and information from the Register of Deeds Office. Staff is also working with UNCW
to create an awareness of the services offered by the University and it looks as if future collaboration
with UNCW will be good.
The next phase for the County web site will be dealing with financial transactions that are
more complicated because a third party will be introduced into the process. For example, if a person
uses a credit card to pay the County, this process involves the county web page, the individual, and
the bank as a third party to process the credit card. Security is the major concern in moving forward
with financial transactions, and the IT Department is working with the State as it moves in that
direction.
In the future, the IT Department will move from a county approach to a regional approach,
and the County web site will be divided into two pieces to provide internal and external views.
Consistency will be implemented with all department web sites presented in the same format so a
browser can move easily from department to department. An effort will be made to publish more
data to better inform the public about services provided by the County. Once security measures have
been addressed, focus will be placed on e-transactions to allow the public an opportunity to do
business with the County without driving downtown to an office.
In concluding the presentation, Director Clontz advised that the philosophy of the department
has been to ride on the second wave of users, not the first wave when new technology is introduced.
This allows Staff to learn from mistakes made by others to avoid costly errors. He expressed
appreciation to the Board for giving him an opportunity to present an update on the activities of the
IT Department, and he offered to answer questions.
Commissioner Boseman asked when the data in the Register of Deeds Office and minutes of
regular meetings would be on line. She referenced calls from citizens who want to pay their taxes
monthly on line and asked when this type of transaction will be available.
Director Clontz responded that the Register of Deeds information should be on line within
a month, and he advised that discussion has been held with the Clerk to the Board about placing full
sets of minutes on line which can be done in the short term. The decision to allow people to pay
property taxes on a monthly basis will have to be decided by the Tax Department; however, the
financial aspect of receiving payments through a credit card will be a long term issue because of
security measures.
Commissioner Caster encouraged the IT Department to move forward with formatting web
sites that are similar in appearance and to offer financial transactions as soon as possible because
many citizens are interested in making payments on line.
On behalf of the Board, Chairman Davis expressed appreciation to Mr. Clontz for the
informative presentation.
ADOPTION OF THE DECADE OF THE NURSE PROCLAMATION
Chairman Davis advised that Commissioner Caster has requested the Board to proclaim the
years of 2001-2010 as the “Decade of the Nurse in New Hanover County”, and he read the
proclamation into the record.
Chairman Davis requested a motion to adopt the proclamation as read.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt a
“Decade of the Nurse.”
proclamation declaring the years of 2001-2010 as the Upon vote, the
MOTION CARRIED UNANIMOUSLY.
On behalf of the Board, Chairman Davis presented the proclamation to Ms. Donna Bost and
he urged all citizens to acknowledge the skills and expertise of registered nurses in the advancement
of health care.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 593
Ms. Bost expressed appreciation to the Board for recognizing nurses who provide care in
hospital settings 7 days a week, 24 hours a day offering health care in individual homes, clinics,
cancer centers, senior health clinics, and adult day care centers.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXVI, Page 29.
PRESENTATION OF THE COUNTY MANAGER’S FISCAL YEAR 2001-2002
RECOMMENDED BUDGET
County Manager O’Neal presented the Recommended Budget for FY 2001-2002 with a tax
rate of 69 cents which is an increase of 8 cents over the current tax rate. The recommended tax rate
of 69 cents will fund the increase in debt service, the general fund transfer to schools, implementation
of the Pay and Classification Plan for a full year, Medicaid for the Department of Social Services,
Medical and Dental Insurance for employees, and operating expenses and staffing for Veterans Park.
There are no expanded services in the recommended budget except for expenditures related
to opening and maintenance of Veterans Park. Departmental operating expenses are below the
current amount and very few capital outlay items have been recommended. While increases in
expenditures were anticipated, the process of balancing the budget became more difficult with the
Governor freezing reimbursements in the current year as well as a down turn in the economy.
Recommended expenditures for human services and education continue to dominate the
General Fund with 28.7% required for human services and 34.2% required for education. General
government, transfers, economic and physical development, and cultural and recreational categories
are portions of the budget that decreased or remained almost static.
Funding of $1.5 million is recommended for the Southeastern Center for Mental Health,
Developmental Disabilities, and Substance Abuse Services. This is the same level of funding as in
the current year. An increase of $314,000 was requested by the Southeastern Center.
A transfer of $63.2 million or 32.6% of the General Fund is recommended for schools
representing an increase over the current year of $7 million or 11%. Funding of $3.2 million is
recommended for Cape Fear Community College at the same level of funding for the current year.
An increase of $531,00 was requested by the College.
Of the $63.2 million recommended for schools from the General Fund, $5.7 million is funded
from the portion of the sales tax designated for schools. The transfer to the schools will fund the $3.8
million necessary to open three new schools and $2.4 million in other increases. Appropriating $3
million of the Schools/Fund/fund balance will partially fund the $15.2 million debt service for schools.
A tax rate increase of an additional 5 cents would have been required to fund the total request
submitted by the schools.
With regard to personnel, 6 new ground maintenance positions are being recommended for
Veterans Park. Three existing positions will be eliminated, one in the Museum and two in the Health
Department. Training budgets have been reduced to one-half of the current amount budgeted. This
action was taken to reduce expenditures for FY 2001-2002; however, this is not a pattern or trend
that the County should rely on to decrease expenditures. Employee development is critical if the
County is to provide services the citizens have come to expect and demand. Rapidly changing
technology and sophistication of the work place will not allow for diminished professional
development in the future. Programs implemented in the past to promote morale and show
appreciation to employees have been eliminated.
In FY 2001-2002, the Emergency 911 Center will become a separate department reporting
to the Deputy County Manager. This is a part of the continuing process of improving Emergency 911
services to public safety agencies and citizens of the County. Funding for overtime and on-call pay
in the Sheriff’s Department has been reduced by $558,442. Division directors are faced with the
challenge of continuing to provide high quality service to the public within this reduced funding level.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 594
Funding is recommended at over $100,000 a month to transport and house inmates in other
facilities to relieve overcrowding in the County Jail. During the last quarter of the upcoming fiscal
year, the Board will be requested to approve additional positions to staff the new jail so personnel
will be in place and trained when the facility opens in November 2002.
Most non-county agencies are funded at 95% of their FY 2000-2001 funding level. It is
recommended that outside agency funding be reduced 5% each year for the next five years. After five
years, the funding for outside agencies should be re-evaluated. With limited funding to outside
agencies in the future, it is recommended that the Human Services Allocation Advisory Committee
be eliminated. This committee has provided a valuable service in evaluating and recommending
funding for human services outside agencies; however, with decreases in funding the committee will
not be required.
Ad valorem and sales taxes account for 78.1% of total recommended revenues. No Fund
Balance is appropriated in the recommended budget. It is imperative that the County maintain a
strong financial position, especially in view of the State’s current financial situation, even if it requires
a tax increase. Since FY 1998-1999, the County’s Fund Balance has decreased. New Hanover
County must take steps to reverse this trend because a strong Fund Balance is important to the
continued financial strength and maintenance of the County’s excellent bond rating. The N. C.
General Assembly must be kept aware of the needs of local governments for alternative sources of
revenue to more equitably distribute the tax burden.
An amount of $2.3 million is budgeted for intangible tax reimbursement, and almost $2 million
for inventory tax reimbursement. These reimbursements were promised as continuing sources of
replacement funds for locally levied taxes that were repealed by the N. C. General Assembly. The
biennial budget recommended by Governor Easley included all reimbursements to local governments.
The County’s recommended budget includes all reimbursements to local governments; however, if
the General Assembly eliminates the reimbursements without replacement revenue, the County budget
will have a $4.3 million gap. If the reimbursements are not made to the County, substantial changes
to the budget will be required, including elimination of some departments, employees, and funding
for most non-county agencies.
No funding is recommended for new capital projects in the recommended budget, but funding
will be needed in future budgets. The County continues to grow and the demographics are changing.
The current infrastructure of schools, parks, libraries, court space, and other public buildings must
meet the community’s needs. The one-year elimination of capital projects will not be a trend the
County can sustain if it wishes to remain competitive in recruiting new industry and business
investment in the community while maintaining the quality of life for which we have become known.
A tipping fee of $35 per ton is recommended which represents an increase of $3 per ton. A
transfer of $2.5 million from the undesignated portion of the one-half cent sales tax is required to
balance the Environmental Management Fund. A funding plan for Environmental Management will
be developed and presented to the Board of County Commissioners in January 2002 for consideration
and approval.
The impact of the City’s annexation plan on the Fire Service District will continue to be
reviewed by the Fire Commission and reported to the Board of County Commissioners. An increase
of 1 cent (from 4 cents to 5 cents) is recommended for the Fire Service District Tax.
The Water and Sewer District currently provides service to approximately 26,000 residential
and commercial customers. This figure represents more customers than served by most municipalities
in the State. The District’s current operation and future expansion are funded by user fees and a $2.4
million transfer from the General Fund.
The question is frequently asked why County taxes increase when the City continues to annex.
The answer is that only a few departments are affected by annexation with approximately 86 percent
of county services not impacted, particularly in the human services area.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 595
Future concerns are the challenges facing the County in developing the budget for FY 2002-
2003. Issues that will impact the FY 2002-2003 Budget are as follows:
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The increase in school debt service between FY 2001-2002 and FY 2002-2003 is estimated
to be $1.4 million.
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The General Fund debt service is estimated to increase $3.8 million between FY 2001-2002
and FY 2002-2003 with no additional projects. This increase will require a 2.4 cent increase
in the tax rate.
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There are changes occurring in the Foster Care and Temporary Assistance to Needy Families
that may impact County funding. It is anticipated that dollars required to fund the local share
of Medicaid will continue to increase.
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The General Assembly is reviewing the manner in which mental health services are provided
state-wide. If changes to the current system shift responsibilities to counties without
commensurate funding, local costs will rise and taxes may have to be increased to provide
services.
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A pay plan adjustment will be needed for County employees in the FY 2002-2003 Budget.
The County will be required to provide any increase to the locally-funded school positions
that the State provides for state-funded school employees.
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The State Higher Education bond referendum passed in November, 2000 will provide funding
for three new Cape Fear Community College buildings, which will increase the County’s cost
for maintaining buildings.
During the first quarter of FY 2001-2002, management will design and request approval from
the Board to implement an employee reduction plan for County government so staff and services can
be reduced in a systematic manner to meet the challenges of the FY 2002-2003 Budget.
During FY 2001-2002, all employees will be required to take two days of leave without pay.
Department heads will be required to ensure that services to the citizens are not interrupted and
temporary salaries and/or overtime expenditures are not increased. This will reduce the County cost
more than $400,000. This is not a pattern the County should promote or institute as a long-term
mechanism to reduce operational expenditures. Continuation of this practice will result in service
reductions and decreases in employee morale. As stated in the past, employees are the primary
resource by which County services are provided. The services are only as good as the employees that
deliver them. Morale and loyalty will be eroded if this becomes a method to balance budgets.
County Manager O’Neal presented the following revised calendar for adoption of the FY
2001-2002 Budget:
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Public Hearing for FY 2001-2002 BudgetJune 4, 2001
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Adoption of the FY 2001-2001 BudgetJune 18, 2001
County Manager O’Neal stated that he was personally and professionally grateful to the
employees of New Hanover County. They are hardworking, dedicated employees that support the
community by giving generously of their time, talents, and financial resources to charities. The
quality of employees has improved in the last ten years, and the Board is requested to maintain
salaries at appropriately competitive levels. Without the appropriate level of competitiveness, the
service delivery to the citizens will be diminished and the character and quality of life in New Hanover
County will suffer.
In closing, County Manager O’Neal expressed appreciation to the New Hanover County
Board of Education and Staff, particularly Dr. John Morris, Superintendent, and Mary Hazel Small,
Finance Officer, for their cooperation and understanding during a difficult budget year. He thanked
the County Budget Department and Staff for their efforts to develop a budget acceptable to the
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 596
citizens and Commissioners during a challenging budget year. He offered to answer any questions.
A question and answer period followed:
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Commissioner Boseman asked if any of the positions eliminated from the Health Department
were in the Mosquito Control Division.
County Manager O’Neal responded that the positions eliminated were in the Environmental
Health Section of the Health Department.
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Commissioner Boseman asked how many ground maintenance positions were at Airlie
Gardens.
County Manager O’Neal responded 7 positions.
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Commissioner Boseman referenced the memorandum regarding the revised school debt
service and asked how the $2 million bond restructuring will impact schools.
Budget Director Griffin explained that the amount of fund balance appropriated in the
Schools’ Fund would be reduced by $2 million to offset the reduced amount required for debt
service. This means that only $1 million would be appropriated from the fund balance in the
Schools’ Fund. This will leave $3 million in the fund balance to help offset the projected $3.4
million increase in the Schools’ debt service between FY 2001-2002 and FY 2002-2003.
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Commissioner Boseman referenced the plan to implement an employee reduction plan for
County government and asked what positions and departments would be impacted.
County Manager O’Neal responded that the plan used in the early 1990's will probably be
followed when 48 positions were eliminated mainly through attrition. It is hoped that specific
programs in departments can be eliminated instead of having to eliminate entire departments.
During the next fiscal year, a number of employees will resign or retire and each department
will be requested to restructure internally to continue to provide services without filling the
positions. At this time, it is impossible to know what department will be impacted.
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Commissioner Caster asked why trash disposal and water and sewer operations cannot be
paid by user fees instead of millions of dollars being transferred from the General Fund.
Budget Director Griffin responded that a monumental user fee would have to be established
to pay for the disposal of trash, which would encourage haulers to carry trash out of the
County. After a review of increasing water and sewer fees by Staff, it was felt that the water
quality was not at a level sufficient to increase the fee.
County Manager O’Neal explained that the Water and Sewer District was established on the
premise that a portion of the sales tax would be used to assist with funding the operation of
the system. The water qualify is safe, but it needs to be enhanced. The Water and Sewer
District debt service is high because of extending lines and adding new services during the
past 10 years.
Commissioner Caster spoke on understanding what was being said and stated that he felt it
was smoking mirrors because $2.4 million was being transferred from the General Fund to
operate the water and sewer service.
County Manager O’Neal explained that water pays for itself, but sewer does not. The
foundation of the Water and Sewer District in New Hanover County was different because
people wanted sewer, not water, which has created a lack of funding for future expansion.
In most counties a majority of people want water, which provides the necessary funds to
expand water and sewer lines.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 597
Commissioner Caster again reiterated that $2.5 million is being removed from the General
Fund to pay for trash disposal and $2.4 million is being removed from the one-half cent sales tax to
pay for the operation of water and sewer services when both of the operations should be funded by
user fees. The County could use this $4.9 million to assist with funding schools.
Finance Director Shell explained that the use of the one-half cent sales tax transfer was a long
term commitment made in the early 1980's toward funding the Water and Sewer District. The debt
incurred by the Water and Sewer District has been to construct interceptors, extend sewer lines, and
pay for other sewer projects. If the sales tax transfer had not been used, many areas of the
unincorporated county would not have received sewer, which has been instrumental in the growth
of New Hanover County. If these funds are removed from the Water and Sewer District, the capital
projects already in the design phase will have to be stopped.
?
Commissioner Caster asked what the projection for sales tax revenue was in the FY 2001-
2002 Budget.
Budget Director Griffin explained that the sales tax projection for the current fiscal year
(FY2000-2001) is $400,000 below the figure budgeted, which means that the sales tax budget for FY
2001-2002 will be $400,000 less than the current adopted budget. The total sales tax has increased
but because of annexation, the County’s share is smaller and in the next fiscal year, the most recent
annexation will further reduce the County’s share.
?
Vice-Chairman Greer asked why the Emergency 911 Center was requesting $3.1 million when
funding is being transferred from the Sheriff’s Department for operation of the new
department.
Budget Director Griffin explained that the transfer of funds from the Sheriff’s Department was
a lateral transfer except for funding to implement the Pay and Classification Plan. During the current
year, funding was not included in the Sheriff’s adopted 2000-2001Budget for the new pay plan.
Chairman Davis asked if any Commissioner had further comments on the recommended
budget.
Commissioner Pritchett spoke on a conversation held with a citizen who expressed concern
for the County discussing at length mandated services but not informing the public about the meaning
of these words. She suggested starting a public education program to explain the meaning of
mandated services and why the County has to fund them.
County Manager O’Neal responded that Staff would immediately begin a series of news
releases on mandated services and contact the media for support in getting this information to the
public.
Chairman Davis expressed appreciation to County Manager O’Neal and Staff for preparing
the recommended budget. He requested each Commissioner to review the document thoroughly
between now and June 18, 2001, when the Board will be requested to adopt the FY 2001-2002
Budget.
COMMISSIONER BOSEMAN EXCUSED FROM REGULAR SESSION
Commissioner Boseman was excused from Regular Session at 10:10 A.M. to return to court.
CONSIDERATION OF WORK FIRST PLAN
Assistant Social Services Director Karen Vincent reported that during the last three years,
New Hanover County has been an “electing county” which enabled the County to establish some of
its own eligibility rules for the Work First Cash Assistance Program. On March 26, 2001, the Board
of County Commissioners voted to inform the State that New Hanover County would become a
“standard county” for the biennium 2001-2003. As a result of this action, the Work First Plan has
to be revised and the major changes are as follows:
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 598
Eligibility Criteria:
1. As a standard county, the State’s standard eligibility criteria
must be met. In accordance, the eligibility criteria from the electing county plan as
submitted in November 2000 has been deleted.
Appeal Process:
2. Applicants and recipients of public assistance have a right to appeal
decisions adversely affecting their benefits. For a standard county, the State is
responsible for hearing those appeals; therefore, the appeal process established as an
electing county has been deleted.
3.As an electing county, New Hanover had proposed different sanctions for those who
failed to complete the substance abuse screening assessment or treatment. As a
standard county, New Hanover County is bound by State policy, and the plan has
been revised to reflect compliance to this policy.
Commissioner Boseman returned to the meeting at 10:20 P.M.
Chairman Davis called for a motion to approve the revised plan.
Motion:
After discussion of the County having no choice but to accept the plan, Vice-Chairman
Greer MOVED, SECONDED by Commissioner Caster, to approve the revised Work First Plan for
New Hanover County to become a standard county. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the plan is on file at the Department of Social Services.
BREAK
Chairman Davis called a break from 10:25 A.M. until 10:40 A.M.
CONSIDERATION OF CAPITAL PROJECT ORDINANCE AND ASSOCIATED BUDGET
AMENDMENT #2001-48 FOR CONSTRUCTION OF FIRING RANGE
Colonel Steve Smith commented on the firing range being an integral part of training for the
Sheriff’s Department and he requested Deputy W. Lee Garris, Jr. to report on the effort made to
locate a suitable site.
Deputy Garris reported that due to construction of Smith Creek Parkway, the firing range
located on Division Drive has to be relocated. After an exhaustive search, the best location appears
to be the Point Peter spoil site off Highway 421, which is comprised of 44 acres located in an I-2
District. The County purchased this site a number of years ago to serve as a dredge spoil site for the
U.S. Army Corps of Engineers. Discussions have been held with the Corps and this agency is
comfortable with the Sheriff’s Department using the site for a new firing range. The range site has
been reviewed by the N. C. Department of Environment and Natural Resources, the Corps of
Engineers, and the County Health Department with no objections received from these agencies. The
former firing range site was sold to the State for approximately $571,000, and the County has
received the money which can be used to fund the initial cost of $176,825 to establish the new firing
range.
In concluding the presentation, Deputy Garris requested the Board to approve a Capital
Project Ordinance for establishment of a new firing range on the Point Peter disposal site.
Discussion followed on waiting to establish the firing range until next year and charging a fee
to other agencies for using the range. Deputy Garris informed the Board that the North Carolina
Department of Transportation will begin road work the second week in August behind the existing
firing range which will make that site unsafe to use. If the project is not approved, the Sheriff’s
Department will not have a firing range which is imperative in training law enforcement officers. He
also advised that local State and Federal agencies, the Town of Carolina Beach, Town of Kure Beach,
Town of Wrightsville Beach, New Hanover Regional Medical Center and UNCW use the existing
range at no charge and stated that a fee schedule could be prepared.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 599
Further discussion was held on using the $512,000 received from the N. C. Department of
Transportation to fund the initial phase and remainder of the project. Deputy Garris explained that
$512,000 was received from the N. C. Department of Transportation for condemning 22 acres of land
along the Smith Creek area. It was the understanding of the Sheriff’s Department that this revenue
would be earmarked for establishing the new firing range and constructing a building.
Deputy County Manager Atkinson advised that the $512,000 was placed in the General Fund
and was not specifically earmarked for a new firing range.
A lengthy discussion ensued on the status of the Bull Tail property located on Highway 421
North and the possibility of using this site for a new firing range. Deputy County Attorney Kemp
Burpeau reported that Cape Fear Community College was going to use the land for law enforcement
training, specifically as a road training course; however, Pender County does not have a need for the
property and has indicated that if Cape Fear Community College does not use the land for educational
purposes, Pender County would be interested in selling its portion of the property. The property is
comprised of 70 acres and is located in an isolated area. When New Hanover County and Pender
Counties were thinking about selling the property a few years ago, the only interest received was from
a group wanting to locate a hunting camp on the land.
Deputy Garris expressed concern for the distance involved with locating a firing range in Bull
Tail. The property is a 30 to 40 minute drive from Wilmington which will be costly to the Sheriff’s
Department and require more time for deputies to be trained.
Vice-Chairman Greer suggested selling the Bull Tail property and using the funds to establish
a new firing range. He also commented on being in favor of a regional facility and stated if the
Commissioners approve this request without any funding, he would recommend approaching the
State and Federal agencies as well as the City of Wilmington, beach communities, New Hanover
Regional Medical Center, and UNCW about contributing funding to establish a new firing range.
Deputy Garris commented on budget constraints of the State and beach communities and
stated that he felt it would be difficult to secure funding at this time. He stressed the importance of
the Sheriff’s Department owning and controlling the operation of the firing range with a user fee
being established at a later date. He urged the Board to approve the funding so the range can be
established to comply with State mandates regarding day and night training for law enforcement
officers.
Chairman Davis expressed concern for spending $178,825 to establish a firing range and
suggested approving the project with no funding and granting the Special Use Permit for the project
so the land can be prepared to establish the range.
Deputy Garris responded that funds were needed to clear the land and provide the necessary
fencing to secure the berm areas. He stated that funding was needed to begin the project.
There being no further comments, Chairman Davis called for a motion.
Motion:
After referencing the need to provide quality training to officers and guards at UNCW, Cape
Fear Community College, New Hanover Regional Medical Center and the beach communities,
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to approve the Capital
Project Ordinance and associated budget amendment for establishment of a new firing range at the
Point Peter site owned by the County subject to the Sheriff’s Department working out a fair funding
mechanism to require users to pay a fee. Upon vote, the MOTION FAILED by 2 to3 as follows:
Ayes:Commissioner Caster
Commissioner Pritchett
Noes:Chairman Davis
Commissioner Boseman
Vice-Chairman Greer
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 600
Chairman Davis stated that he would not mind revisiting this issue if funding can be found
for the project.
County Manager O’Neal offered to prepare a financial plan to be presented to the Board on
June 4, 2001 detailing how the funding can be secured for the firing range.
PUBLIC HEARING TO CONSIDER A REQUEST FROM THE SHERIFF’S DEPARTMENT
FOR A SPECIAL USE PERMIT TO LOCATE AN OUTDOOR SHOOTING RANGE IN AN
I-2 DISTRICT AT 470 HIGHWAY 421 NORTH (S-476, 05/01)
Chairman Davis opened the Public Hearing and announced that the special use process
requires a quasi-judicial hearing; therefore, any persons wishing to testify must step forward to be
sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Deputy Lee Garris
Diane Hanning
Planning Director Dexter Hayes reported that Deputy Lee Garris, on behalf of the Sheriff’s
Department, is requesting permission through the New Hanover County Sheriff’s Department to have
a pistol range constructed on the Point Peter Disposal Area located adjacent to U.S. Highway 421.
The property is approximately 44 acres and is currently vacant. The proposed shooting range will
utilize the southwestern corner of the property. This type of training is necessary for the Sheriff to
serve and protect the community. Slides were presented showing the property, vegetation on the site,
and a well maintained graveled road to the site.
Planning Director Hayes reported that the Planning Board voted unanimously to recommend
approval of the request at its May 3, 2001 meeting. However, several concerns were raised by the
Board pertaining to insurance coverage and gunshot noise affecting downtown Wilmington. No one
from the public spoke in opposition to the request.
Planning Director Hayes entered the following findings into the record:
1. The Board must find that the use will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved
based upon the following findings:
A.The site is served by the North Wilmington Volunteer Fire Department.
B.The site will utilize an individual well and septic system. Since there will be restroom
facilities at the project, Health Department permits will have to be obtained.
C.The facility will be composed of one building approximately 12,000 square feet,
parking for a maximum of 60 cars, a pistol range, a skeet range, a rifle range with a
sniper tower, two combat ranges and a K-9 training area with a kennel and a small
shed.
D.All ranges will have a minimum berm 10 feet high behind all targets.
E.All ranges will have a northwest orientation, and the nearest structures in that
direction are over 2 miles away; however, there are some buildings 3/4 of a mile north
of the site on Highway 421. The properties are separated by heavy vegetation.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.All proposed shooting ranges are set back 100 feet from the road right-of-way.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 601
B.The proposed firing ranges will have a minimum earth embankment 10 feet high
behind all targets.
C.“No Trespassing - Danger - Shooting Range” signs will be posted every 100 feet
around the perimeter.
D.There will be at least one Sheriff who is certified as a shooting range supervisor.
Safety rules and regulations for the facility will be adopted.
E.The firing range shall be covered by a minimum of $300,000 of accident and liability
insurance.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity based upon the following findings:
A.Adjacent properties that have agreements with New Hanover County will continue
to utilize the existing access road.
B.The property is approximately 44 acres and is currently vacant. The proposed
shooting range will only utilize the southwestern corner of the property.
C.No evidence has been presented that the proposed use will injure the value of
adjoining or abutting property.
D.This type of training is necessary for sheriffs to serve and protect the community.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development of New Hanover County based
upon the following findings:
A.The subject property is located in the Conservation Land Classification. The purpose
of the Conservation class is to provide for effective long-term management and
protection of significant limited or irreplaceable natural resources while also
protecting the rights of the property owner.
B.The site was used as a disposal site for dredge material from the Cape Fear River.
C.NCDENR has visited the site and determined that no 401 water quality certification
is required.
D.The Corps of Engineers has also reviewed the proposed firing range and reminds the
County that “should the need arise for any future placement of dredge material at this
site, they will require that structures be removed or relocated at the County’s
expense.” Clean-up of any hazardous material resulting from this use would also be
necessary.
Planning Director Hayes reported that Staff expressed concern for protecting significant
vegetation and trees within the firing range site.
Chairman Davis asked if the use was consistent with the Land Use Plan.
Planning Director Hayes responded that the use was consistent with the Land Use Plan.
Commissioner Pritchett referenced the posting of signs under General Requirement 2-C, and
requested all signs to be bilingual (English and Spanish).
Chairman Davis asked if the petitioner would like to speak.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 602
Deputy Lee Garris, the petitioner, requested the Board to grant the Special Use Permit to
allow a firing range to be established on the southwestern corner of the Point Peter disposal site. The
site will be comprised of 18 acres that will have not a negative impact on the Corps’ dredge disposal
portion of the site.
Chairman Davis asked Deputy Garris if he agreed with the findings as presented by the
Planning Director as well as the posting of bilingual signs.
Deputy Garris agreed with the findings and posting of bilingual signs.
Chairman Davis asked if any person sworn in by the Clerk to the Board would like to testify.
Ms. Diane Hanning, a New Hanover County taxpayer, expressed concern for the spoil site
containing wetlands and advised that a Washington D. C. environmental working group reports that
the largest source of lead pollution is firing ranges. She spoke in support of establishing a quality
firing range to accommodate the County, City and other groups and suggested that a program be
established to reclaim the lead and control the noise from the firing range.
Commissioner Pritchett informed Ms. Hanning that she had already addressed the issue of
reclaiming lead through the design of the berm.
In closing, Ms. Hanning also requested the Board to address noise pollution because she
currently lives 1 1/4 miles from the City’s firing range and she can hear the noise when firing is
occurring on the range.
Commissioner Davis asked Deputy Garris if hours of operation could be established to control
the noise pollution.
Deputy Garris advised that specific time requirements could not be placed as a condition of
the Special Use Permit because of emergency incidents; however, some basic guidelines can be
prepared.
County Manager O’Neal explained that State Statutes require training to be offered during
the summer, winter, inclement weather and emergencies; therefore, it would be difficult to establish
hours of operation. He suggested developing some type of guidelines.
Hearing no further comments, Chairman Davis closed the Public Hearing and called for a
motion.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to grant a Special
Use Permit to the New Hanover County Sheriff’s Department to locate an outdoor shooting range
in an I-2 District subject to posting bilingual signs in English and Spanish based upon the evidence
presented and findings of fact concluding that the use will not materially endanger the public health
or safety if located where proposed and developed according to the plan as submitted and approved;
the use meets all required conditions and specifications of the Zoning Ordinance; the use will not
substantially injure the value of adjoining property or abutting property or that the use is a public
necessity; and the location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in general conformity
with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 12.
ADOPTION OF ORDINANCE TO PROHIBIT UNAUTHORIZED DISPOSAL OF OUT-OF-
COUNTY WASTE
Director of Environmental Management Ray Church advised that the New Hanover County
Department of Environmental Management operates the Landfill and the WASTEC Facility for the
benefit of the citizens of New Hanover County. In order to operate these facilities, it has been
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 603
necessary to contribute tax funds to balance the budget and maintain a disposal fee competitive with
regional landfills. It has been determined through waste screening, as required by State and Federal
regulations, that some commercial haulers, contractors and citizens from surrounding counties are
disposing of waste from outside New Hanover County at the Landfill and theWASTEC Facility. The
Landfill is restricted by permit to receive only those wastes generated within the boundaries of New
Hanover County. The WASTEC Facility is not restricted by permit, but due to the tremendous
growth in the local waste stream, a decision was made to cease acceptance of out-of-county waste
at the WASTEC Facility to accommodate in-county-waste and prolong the life of the Landfill.
Notices were mailed and signs posted that effective December 15, 1999, out-of-county waste
would no longer be accepted. Additionally, prior notices were mailed to haulers beginning in 1997
stating that N.C.G.S. 130A-309 requires the County to report the tonnage of out-of-county waste
disposed at its facilities to the County Manager from which the waste was generated. Out-of-county
waste continues to be delivered intentionally without identification of its place of generation, and the
proposed ordinance will place penalties on companies violating this regulation. The reasons for not
receiving waste from other counties are as follows:
A.Violation of the Landfill Permit.
B.Violation of the State Law by not being informed that the waste was generated
outside New Hanover County.
C.The tons have to be included in the waste generation reporting figures which causes
New Hanover County to fall short of its waste reduction goals.
D.It is unfair to citizens of the County to partially support a program through taxes and
allow others who do not pay County taxes to take advantage of a lower tipping fee
paid by New Hanover County taxpayers.
E.It is unfair to companies abiding by rules to be undercut by a company offering lower
rates to customers that are created by tipping fees based on unauthorized subsidized
disposal.
In closing, Director Church advised that the Solid Waste Advisory Board approved a motion
on May 8, 2001, to recommend that the ordinance be adopted by the Board of County
Commissioners to prohibit the unauthorized disposal of out-of-county waste. He offered to answer
questions.
Commissioner Caster asked if trash from other counties can be accepted at the Landfill and
the WASTEC Facility.
Director Church responded that authorized trash from out of the county can be accepted.
For example, contracts have been negotiated to accept certain waste products that must be disposed
of in a safe manner. If the proposed ordinance is not adopted, there will be no way to control
unauthorized out-of-county waste from coming into the WASTEC Facility and Landfill.
Chairman Davis called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Boseman, to adopt an
ordinance to amend Chapter 44 of the New Hanover County Code to add a section that will prohibit
unauthorized disposal of out-of-county waste at the WASTEC Facility and New Hanover County
Landfill. Upon vote, the MOTION CARRIED by 4 to 1 as follows:
Ayes:Chairman Davis
Commissioner Boseman
Commissioner Caster
Commissioner Pritchett
Noes:Vice-Chairman Greer
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 604
Since the Ordinance did not receive a majority vote, a second reading will be required on June
4, 2001.
APPROVAL OF SINGLE PRIME BID #01-0275 TO J. M. THOMPSON FOR THE NEW
HANOVER COUNTY JAIL
County Project Manager Greg Thompson reported that on May 15, 2001, re-bids were
received for the New Hanover County Jail Facility. The responsive low bid was received from J. M.
Thompson as a single prime contractor in the following amount:
A. Base Bid$24,828,000
B.Alternate 1, Work Release Building 1,013,000
C.Alternate 2, 40-Bed Dormitory 753,000
Total $26,594,000
Project Manager Thompson informed the Board that the project as a whole came within the
range expected based upon budget estimates previously compiled by Freeman White and Miller
Building Corporation. The bids are under the bid estimate established by Freeman White. He
introduced Mr. Charles V. Reed, Jr. of Freeman White, to explain the alternate bids.
Mr. Reed reported on the following alternates in the bid package:
Alternate 1 - Work Release Building:
This is a 56 bed stand alone facility to house 40 male
and 16 female inmates who are placed on work release by the courts. The construction cost
is much less costly because the work release population can be housed in a much less secure
area. These inmates are allowed to work during the day and return to the Work Release
Building at night. The Judges, Sheriff’s Department and representatives from Carter Goble
Associates, strongly feel that this inmate population should not be mixed with the main inmate
population because of security factors. Contraband would be much more difficult to control
if the work release inmate population was in contact with the general inmate population.
Alternate 2 - Jail Dormitory:
This will be a 40 bed dormitory to house inmates that qualify
for work detail within the facility, such as the kitchen or laundry assignments. The Sheriff’s
Department feels that a dormitory will allow the department to house trustee inmates in less
costly housing and open up more secure double cells to be used for other inmates in the
future. Representatives from Carter Goble feel that it is not necessary to build a dormitory
in the initial phase or short term when New Hanover County is constructing a 640 bed jail
facility. Freeman White feels that adding the dormitory in the future will be more expensive
and require additional security during construction.
In closing, Mr. Reed advised that the Board of County Commissioners will have to decide if
the two alternates should be included in the bid package. He offered to answer questions.
Chairman Davis stated when bids were opened the first time, there were two single-prime bids
and one multi-prime bid. The two single-prime bids were opened and for some reason, the multi-
prime bid was not opened. Since the two single-prime bids were sufficiently over budget projections,
the Board rejected all bids and requested Staff to rebid the project. When the second set of bids was
received, there were two single-prime bids and two multi-prime bids. One of the single-prime bids
was the lowest bidder, which is still 3% over the budget projection. Chairman Davis requested Mr.
Reed to explain why the low bid is still over budget.
Mr. Reed responded that budget estimates were prepared independently by Freeman White
and Miller Building Corporation. The Freeman White estimate was on the high end and the Miller
Building estimate was on the low end; therefore, the 3% over budget applies to the low end budget
estimate.
Chairman Davis asked if any items were removed from the original jail plan to reduce the bids
received.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 605
Mr. Reed responded that deletion of the Sheriff’s administrative space and firing range
reduced the overall cost for the project.
Chairman Davis stated that he felt the bids should have come in even lower with removal of
the administrative space and firing range.
Mr. Reed explained that the $3.6 million estimate for the Sheriff’s administrative space has
been subtracted from the total project cost.
Discussion was held on trying to further reduce the low bid since the figure is over budget.
County Manager O’Neal recommended award of the bid to J. M. Thompson, the lowest responsible
bidder, with authorization for Staff to enter into negotiation to reduce the contract price. At the June
4, 2001, meeting the negotiated price or current price will be presented to the Board for final
approval .
Chairman Davis requested direction from the Board.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to award Bid #01-
0275 in the amount of $26,594,000 contingent upon negotiations with J. M. Thompson, the lowest
responsible bidder. Upon vote, the MOTION CARRIED AS FOLLOWS:
Ayes:Vice-Chairman Greer
Commissioner Caster
Commissioner Pritchett
Noes:Chairman Davis
Commissioner Boseman
COMMITTEE APPOINTMENTS
Withdrawal of Appointments to the Adult Care Home Community Advisory Committee
Clerk to the Board, Lucie F. Harrell, requested the Board to postpone appointments to the
Adult Care Home Community Advisory Board until the Ombudsman, Harvin Quidas, has checked
into the two applications received to be sure there is no conflict of interest in the jobs held by these
applicants.
Consensus:
It was the consensus of the Board to postpone appointments to the Adult Care Home
Community Advisory Committee.
Appointment to the Bicycle Advisory Committee
Chairman Davis announced that one vacancy needed to be filled on the Bicycle Advisory
Committee and reported that two applications were received. He opened the floor to receive
nominations.
Commissioner Pritchett nominated Sara L. Chambers. The nomination was seconded by
Commissioner Boseman.
There being no further nominations, Chairman Davis declared the nominations closed.
Vote:
Upon vote, the Board unanimously appointed Sara L. Chambers to serve a 3-year term on the
Bicycle Advisory Committee with the term to expire May 31, 2004.
Appointments to the Commission for Women
Chairman Davis announced that six vacancies needed to be filled on the Commission for
Women with one applicant, Leslie Hossfeld being eligible for reappointment. He advised that four
applications were received.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to reappoint
Leslie Hossfeld to serve a three-year on the Commission for Women with the term to expire May 30,
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 606
2004 and to appoint Suzanne J. DeMint, Monique M. Logsdon, and Amber Milliken to serve 3-year
terms on the Commission for Women with terms to expire May 30, 2004. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Appointment to the Industrial Facilities and Pollution Control Financing Authority
Chairman Davis announced that one vacancy needed to be filled on the Industrial Facilities
and Pollution Control Financing Authority and advised that one application had been received.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to appoint R. Hill
Rogers to serve a 6-year term on the Industrial Facilities and Pollution Control Financing Authority
with the term to expire May 30, 2007. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Postponement of Appointment to Juvenile Crime Prevention Council/Criminal Justice
Partnership Advisory Board
Clerk to the Board Lucie F. Harrell reported that after checking with Mrs. James Maggard,
it was found that the only applicant, James Maggard, has accepted a job in Colorado, and the family
will be moving at the end of the school year. She informed the Board that applicants would have to
be recruited to fill the vacant Juvenile Defense Attorney position.
Consensus:
It was the consensus of the Board to postpone the appointment and request the Clerk
to the Board to re-advertise the position.
ANNOUNCEMENT OF TIME CHANGE IN THE BOARD OF EQUALIZATION AND
REVIEW MEETING
Chairman Davis announced that due to the length of the meeting, the Board of Equalization
and Review would convene at 2:00 P.M. instead of 1:00 P.M.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 12:20 P.M. to hold a meeting of the New
Hanover County Water and Sewer District.
Chairman Davis reconvened to Regular Session at 12:46 P.M.
MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION
Chairman Davis announced that the Board needed to convene to Closed Session pursuant to
N.C.G.S. 143-318(a)(4) to instruct the public body’s Staff concerning the position to be taken by or
on behalf of the public body in negotiating the price and material terms of a proposed contract for the
acquisition of real property. The Board will also consult with the County Attorney regarding
potential litigation as authorized by N.C.G.S. 143-318.11(a)(3).
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to convene to
Closed Session pursuant to the statutes outlined by the Chairman. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Davis convened to Closed Session at 12:50 P.M.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to reconvene to
Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis reconvened to Regular Session at 1:30 P.M. He reported that the Board
gave instructions to Staff concerning the terms of a proposed contract for the acquisition of real
property. The terms of the contract will be released when a buy-sell agreement is executed. The
Board also received consultation from the County Attorney on a matter of potential litigation.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda . He requested all persons speaking to limit their remarks
to three minutes.
NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28
REGULAR MEETING, MAY 21, 2001 PAGE 607
No items were presented.
ADDITIONAL ITEMS
Adoption of Resolution in Support of the North Carolina State Ports Wilmington Harbor
Deepening Project
Commissioner Caster requested the Board to adopt a resolution urging the N. C. General
Assembly to provide $22 million for the Wilmington Harbor Deepening project for Fiscal Year 2002.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the
resolution as requested. 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 29.
ADJOURNMENT
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 1:15 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board