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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: ? Article II - Classification Plan : Deleted portion under Section 3 that was no longer applicable due to the new classification structure. ? 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. ? 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. ? 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. ? 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. ? 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: ? The increase in school debt service between FY 2001-2002 and FY 2002-2003 is estimated to be $1.4 million. ? 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. ? 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. ? 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. ? 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. ? 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: ? Public Hearing for FY 2001-2002 BudgetJune 4, 2001 ? 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: ? 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. ? Commissioner Boseman asked how many ground maintenance positions were at Airlie Gardens. County Manager O’Neal responded 7 positions. ? 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. ? 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. ? 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