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2001-10-15 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 825 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 15, 2001, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Robert G. Greer; Commissioner Julia Boseman; 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. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew J. Atkinson, gave the invocation. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. 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. Vice-Chairman Greer and Commissioner Caster requested removal of Consent Agenda Item1 for discussion of the minutes. Vice-Chairman Greer also requested removal of Consent Agenda Item 3 for discussion. Commissioner Pritchett requested removal of Consent Agenda Item 4. Chairman Davis requested a motion to approve the items on the Consent Agenda with removal of Items 1, 3, and 4. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to remove Items 1, 3, and 4 and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of 2002 Schedule of Regular Board Meetings The Commissioners approved the 2002 Schedule of Regular Board Meetings as presented by Lucie F. Harrell, Clerk to the Board. Approval for Library to Sell Duplicate Items in the North Carolina Collection The Commissioners approved the request from the New Hanover County Public Library to sell duplicate items from its North Carolina Collection and to utilize the proceeds to purchase additional materials for the North Carolina Room. Acceptance of HUD Grant Awarded to Human Relations and Approval of Associated Budget Amendment #02-0059 The Commissioners accepted an additional $10,000 HUD grant awarded to Human Relations, authorized the County Manager to sign the grant documents and approved the following associated Budget Amendment #02-0059. The funds will be used for Partnership Initiatives (education/outreach) for fair housing. New Hanover County will partner with the Community Development Corporation, Catholic Social Ministries and the Hispanic Chamber of Commerce in this program. BUDGET AMENDMENT #02-0059-Human Relations-HUD ADJUSTMENTDEBITCREDIT Human Relations-HUD Grant$10,000 Advertising$10,000 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 826 Explanation: To increase the budget for additional $10,000 HUD grant awarded to Human Relations. RELEASE OF VALUES - TAX DEPARTMENT The Commissioners approved Senior Citizen/Disability Exclusion for the following taxpayers: Bates, Dorothy M.$20,000 Batson, Lucille Shepard$20,000 Brown, Faye Medlin$20,000 Cain, Odell Franklin Grace S.$20,000 Galcik, Walter J. Patricia Brock$20,000 Getter, Lula M.$20,000 Hucks, Dorothy M.$20,000 Heffner, Jane W.$20,000 Lanier, Wanda$20,000 Sollena, Elsie Rose$20,000 Ward, Dillon Carolyn$20,000 William, Joseph E.$20,000 The Commissioners approved release from late listing penalties for the following taxpayers due to good prior payment records or it being their first offense: Francis Kilmer Corp.$ 28.45 Port City Java$ 471.11 Robinson, R. Elliott Jr.$ 321.69 Si Si Salsa, LLC$ 64.39 Talkingnets, Inc.$ 514.93 Acceptance of Tax Collection Reports Through September 30, 2001 The Commissioners accepted the following Tax Collection Reports through September 30, 2001, as submitted by the Collector of 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 XXVII, Page 10. Approval of Corrected Tax Value for the Wardens & Vestry of St. James Parish for the Year 2000 The Commissioners approved the corrected tax value of $275,568 for the Wardens & Vestry of St. James Parish. At the regular meeting of July 9, 2001, the Board of County Commissioners heard an appeal submitted by Wardens & Vestry of St. James Parish and a patrial exemption was granted. The existing fire station headquarters building was considered to be exempt ($162,935) with the land and feature approved as taxable. The feature value was identified to be $14,206 and should have been $14,208. This typographical error resulted in an approval of a total value of $275,566 when it should have been $275,568. Approval of this request will correct the value for the record. Approval to Transfer the Membership of Clara Lamb from the Nursing Home Community Advisory Committee to the Adult Care Home Community Advisory Committee The Commissioners approved the transfer of membership of Clara Lamb from the Nursing Home Community Advisory Committee to the Adult Care Home Community Advisory Committee at the request of Harvin Quidas, Regional Ombudsman for both committees. The Nursing Home Committee meets quarterly at 4:00 p.m., and Ms. Lamb is unable to drive in the evening or at night. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 827 Authorization to Utilize Tidal Creeks Program Funds for a New Position with the New Hanover Soil and Water Conservation District The Commissioners authorized use of Tidal Creeks Program funds in the amount of $14,500 per year for fiscal years 2001-2002 and 2002-2003 for a new position with the New Hanover Soil and Water Conservation District. The District is creating a new non-point source pollution water quality technical position. The position will be based on the partnership funding from the USDA, Natural Resources Conservation Service, the N. C. Division of Soil and Water Conservation, and New Hanover County. The County's yearly funding for a portion of the position will come from monies allocated to the Tidal Creeks Program education and outreach component. The intent of the District is to have the new employee provide technical and field assistance to the Tidal Creeks program. Approval of Budget Amendment #2002-15-Federal Forfeited Property The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Federal Forfeited Property$29,192 Extended Project Expense$29,192 Explanation: To adjust the budget for additional revenue received September 27, 2001. 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 #2002-17-Jail Capital Project/Engineering The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Jail Capital Project Transfer to General Fund (Engineering)$183,612 Extended Project Expense$183,612 Engineering Transfer in from Jail Capital Project$183,612 Temporary Salaries$183,612 Explanation: To transfer money budgeted in the Jail Capital Project for contract labor into the General Fund (Engineering). For payroll purposes, these employees cannot be paid from a Capital Project Fund and are therefore being paid along with other employees in the Engineering Department. Staff is tracking their payroll expense to ensure they stay within the contracted amounts. The money for contract labor was approved by the Board of County Commissioners on August 20, 2001. Approval of Budget Amendment #02-0062- Foster Grandparent Program The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Foster Grandparent Grant$24,409 Contract Services$ 150 Postage 25 Dues and Subscriptions 37 Employee Reimbursements 87 Employee Reimb/Uniforms 189 Training and Travel 33 Volunteer Mileage Expense 9,371 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 828 (Budget Amendment #02-0062 continued) DEBITCREDIT Volunteer Stipends14,416 Volunteer Recognition $ 400 Computer Expense$ 300 Departmental Supplies $ 75 Explanation: To adjust the budget to reflect the actual Foster Grandparent grant for operating expenditures through 12-31-01. This grant runs from January 1, 2000 through December 31, 2001. Approval of Budget Amendment #02-0063-Public Health/Vector Control The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Snows Cut Corps of Engineers Grant$8,592 Salaries and Wages$1,109 Equipment Rent 4,773 Contracted Services 420 Fuel and supplies 2,290 Explanation: To adjust the Vector Control budget to reflect the actual cost of the Snows Cut project. Approval of Budget Amendment #02-0064-Social Services/Administration/Crisis Intervention Program The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT DSS Administrative Grants$31,323 Assistance Payments$31,323 Explanation: To budget additional federal dollars received for the Crisis Intervention Program. No additional County funds are required. Approval of Budget Amendment #02-0065-Public Health/School Health The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Contributions From Schools$15,150 Temporary Salaries$13,909 Social Security Taxes 1,064 Employee Reimbursements/Uniforms 177 Explanation: To budget additional funding from the Schools to cover the cost of a temporary nurse through June 30, 2002 for a special needs child. Approval of Budget Amendment #02-0066-Public Health/Health Education The Commissioners approved the following budget amendment: ADJUSTMENTDEBITCREDIT Hypertension$12,916 Advertising Cost$ 700 Contracted Services 8,700 Printing Charges 300 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 829 (Budget Amendment #02-0066 continued) DEBITCREDIT Departmental Supplies$1,300 Employee Reimbursements 916 Training & Travel 1,000 Explanation: To adjust the Health Education budget to reflect actual State grant award. Acceptance of FTA Grant for Job Access and Reverse Commute and Approval of an Amendment to the New Hanover Transportation Services Budget to reflect Grant Monies The Commissioners accepted the FTA grant for Job Access and Reverse Commute and amended the New Hanover Transportation Services budget to reflect the grant monies including local match amounts. New Hanover County has received notification that its April 2000 application for $250,000 in grant funds to provide work related transportation has received initial approval by the Federal Transit Administration in the amount of $284,000. The required documents have been submitted for final approval. The funds will be used to provide work related transportation to clients of participating agencies, which includes Work First, disabled, and residents not receiving assistance from agencies. Services will be provided to areas of the County not currently served by public transportation. The grant requires a 50% local match, along with 50% of federal funds. The local match was included by participating agencies in budgets for FY2001-2002; therefore, no additional County funds will be required. Approval of Contract Between New Hanover County and New Hanover County Schools to Establish Teaching Positions for Juvenile Day Treatment Center The Commissioners approved a contract between New Hanover County and the New Hanover County School System to hire three (3) teachers for the Juvenile Day Treatment Center. In the past, the Schools have provided teachers in lieu of funds. This system has not worked well since the County had the teachers on its payroll. If the funds are not provided by the Schools, the positions will be eliminated. There is no County match. A copy of the contract is on file in the Legal Department. DISCUSSION OF CONSENT AGENDA ITEM 1, APPROVAL OF MINUTES Vice-Chairman Greer referenced the appeal regarding the Veterans Park Condominium project and he requested the Clerk to the Board, Lucie F. Harrell, to add the word, “not” to his statement on Page 20, Paragraph 2 of the October 1, 2001, minutes to read that he was told traffic not could be considered in the decision. Commissioner Caster referenced Page 5, Paragraph 6, of the minutes regarding the sale of Certificates of Participation where he requested an explanation of Section 5(iii) regarding the interest rate not exceeding 5.25% and 5.30% and he asked Finance Director Shell if his response to the question was accurately reflected in the minutes. Finance Director Shell noted that the minutes were correct as written regarding the placement of a cap on the interest rate when selling the Certificates of Participation (COPS). He advised that when the COPS were sold, the County received a rate of 4.66% for the all end cost and 4.55% for the true interest cost, which was an excellent interest rate. Commissioner Caster requested the minutes to remain as presented by the Clerk to the Board. Chairman Davis requested a motion to approve the minutes. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the not minutes of October 1, 2001, with the addition of the word, , to the statement made by Vice- Chairman Greer on Page 20, Paragraph 2 and to approve the minutes of the Airlie Gardens Work Session held on September 17, 2001, as presented by the Clerk to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 830 REMOVAL OF CONSENT AGENDA ITEM 3 REGARDING A RESOLUTION TO CONVEY SURPLUS VEHICLES TO THE “ENGINE ANGELS” FOR DISTRIBUTION THROUGH THE WHEELS TO WORK PROGRAM Vice-Chairman Greer advised that he was not opposed to using surplus vehicles for the Wheels to Work Program but stated he was concerned about turning over all surplus vehicles to the program. He suggested requiring approval by the Board of County Commissioners before turning the surplus vehicles over to the program. Consensus: After discussion, it was the consensus of the Board to remove Item 3 from the Consent Agenda and direct the County Manager to amend the resolution by incorporating language to require Board approval. The amended resolution is to be placed on the agenda for the November 5, 2001 meeting. DISCUSSION OF CONSENT AGENDA ITEM 4, FRIENDS OF AIRLIE MEMBERSHIP PROGRAM Chairman Davis advised that he had removed this item from the Consent Agenda to allow anyone from the public to comment on the proposed Friends of Airlie Membership Program. No comments were received. County Manager O’Neal advised that Mr. Thomas Herrera-Mishler, Director of Airlie Gardens, would like to present a short presentation. Director Herrera-Mishler advised the proposed Airlie Membership Program was developed to provide an opportunity to build goodwill and increase financial resources at Airlie Gardens. Working with Staff, a draft of the Membership Program was prepared and this document was shared with the Friends of Airlie, the Policy Committee of the Airlie Foundation, and finally the Airlie Gardens Foundation Board of Trustees for review and approval. A great deal of thought and study was given to the program before the final documents were presented to the Board of County Commissioners for approval. The following presentation was presented by Mr. Herrera-Mishler: General Benefits: All membership levels receive the following benefits: (a) free annual admission; (b) quarterly newsletter; (c) membership decal; (d) invitations to Members Only Events; (e) name listed on Donors Acknowledgment List on display at the Gardens and Administrative Office; and (f) reciprocal admission program with other gardens beginning in 2002. Membership Levels Holly Individual/Student$ 25 GardeniaFamily$ 50 DogwoodFamily Plus$ 100 RoseGarden Fellow$ 250 MagnoliaGarden Patron$ 500 AzaleaGarden Sponsor$1,000 Corporate Membership: These memberships allow corporations to be more generous and supportive of Airlie Gardens. Corporate Membership Levels Camellia$ 2,500 Live Oak$ 5,000 Swan$10,000 Title Sponsorships: These are events specific to sponsorships that are above and beyond membership. The title sponsor has their company’s name linked exclusively to the event sponsored. New opportunities will arise as the event schedule expands at Airlie Gardens. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 831 In concluding the presentation, Mr. Herrera-Mishler offered to answer questions, and expressed appreciation to the Board for an opportunity to present the plan. After hearing no questions, Chairman Davis called for a motion to approve the Membership Program. Motion: Commissioner Caster MOVED, SECONDED by Chairman Davis, to adopt the Friends of Airlie Membership Program as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis, on behalf of the Board, expressed appreciation to Mr. Herrera-Mishler for the presentation. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Names Years of Service Marcia L. Smith - Health Department 5 William H. Eubanks - Inspections Department15 Ann S. Hines - Inspections Department20 On behalf of the Commissioners, Chairman Davis presented Service Awards to each employee and thanked them for their continued commitment to New Hanover County. A round of applause was given to these employees. RECOGNITION OF NEW EMPLOYEES County Manager O’Neal requested the following new employees to stand and be recognized: Karen Zuege, Health Department Carla Turner, Health Department Roger Hill, Parks Department Lee Todd, Parks Department Willard Dove, Parks Department Billie Brewer, Parks Department On behalf of the Board, Chairman Davis welcomed these new employees to New Hanover County government and wished them well in their new positions. STATUS REPORT ON THE 2001-2002 BUDGET County Manager O’Neal advised that the purpose of the status report was to show the impact of the recently adopted State budget on the current budget and how the FY 2002-2003 budget will be impacted if the economy continues its downward turn. The following report was presented: State Budget: Effective October 15, 2001, the State enacted a ½ cent sales tax to be levied until the year 2003. At that time, the Board of County Commissioners will have the option to implement a local ½ cent sales tax through Board action or by holding a referendum to receive voter approval. If the Board decides to enact the ½ cent sales tax in 2003, this tax will replace reimbursements currently paid by the State to local governments for property taxes repealed over the past 15 years. There will be no reimbursements from the State for repealed property taxes after June 2003. If the ½ cent local sales tax is implemented, effective July 1, 2003, half of the proceeds from the local ½ cent sales tax will be distributed based on point of origin and the remaining half based on per capita. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 832 Chairman Davis pointed out that when the State drops the ½ cent sales tax in June 2003 and counties have authority to implement the tax on the local level, it is important for everyone to understand that revenue generated from the local sales tax will not be new money because this revenue was promised by the State through reimbursements for repealed taxes. If the County implements the local ½ cent sales tax, the revenue received should be more than State reimbursements. County Manager O’Neal noted that economic conditions will determine if the County receives more revenue from a local ½ cent sales tax versus State reimbursements. Commissioner Caster requested an explanation of the following questions from the Budget Director: (1) Will counties receive 105% of the reimbursements, if the local sales tax is implemented in 2003 and sales drastically drop? Budget Director Griffin responded that counties will be held harmless. During the early stages of the legislation, the figure of 105% was mentioned, but when the legislation was enacted by the General Assembly, counties were assured to receive 100% of reimbursements if a ½ cent local sales tax is implemented in FY 2003-2004. (2) Will the County receive enough money from implementation of the statewide ½ cent sales tax in the third quarter of the current fiscal year to cover reimbursements promised by the State for the current year? Budget Director Griffin explained that State reimbursements will be received by the County in the amount of $4.3 million for FY 2001-2002 as budgeted because these reimbursements were not based on enactment of the ½ sales tax. Impact of State Budget on County Government: The County Staff is currently working with their Associations and State Staff to determine the impact of the State budget on local budgets and programs. The agencies that will be impacted are Education, Department of Social Services, Health and Mental Health. At the present time, specific program information has not been received from the State; however, the Governor just enacted further reductions in State Government. Once the information is received, the Board will be informed. Concerns about the Economy: There are concerns about the economy with the world situation, decreased sales tax proceeds, Medicaid, increases in unemployment, and reductions in County investment earnings. In late August, sales tax receipts for the last two quarters were less than anticipated and less than the amount collected for the same period of the prior year. Information on sales tax receipts for the first quarter of the current year will not be received until mid-November; however, it is felt that receipts will be less than originally anticipated. The general down turn in the economy and increase in unemployment will affect the DSS assistance programs, such as Food Stamps, Medicaid, and Work First. The Medicaid program will have the greatest monetary impact on the budget with more citizens becoming eligible for assistance. Medicaid is an entitlement program and counties are required by law to provide the local match. In the current budget, there was an increase of $1.8 million in the County’s local Medicaid match. Investment Earnings: Earnings on money invested by the County are approximately 2.5% compared to the 5% budgeted. Fiscal Year 2001-2002 Budget Directive: The Fiscal Year 2001-2002 budget was adopted with direction from the Board of County Commissioners to reduce the size of County government. Status of Positions: As of this date there are 16.5 positions on hold, 18 positions being recruited, and 28 positions eliminated for a total of 62.5 positions valued at $2,213,688 including benefits. The budget target for the entire fiscal year is to eliminate approximately 40 positions. Salary lag has been NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 833 budgeted at $1.3 million. Strategies to Reduce the Budget: The following strategies can be used to reduce the County budget that will not directly impact County operating departments, such as funding for the Schools and Cape Fear Community College. Funding to non-county agencies will be reduced and gradually eliminated if necessary, and funding for capital projects will be reduced. The Schools Fund/fund balance is a one time revenue source of $3 million that can be budgeted. This funding is interest income that has accumulated in the County’s Schools Fund for a number of years. Other strategies are for departments to eliminate positions and reduce or eliminate non-mandated programs. The reductions that have occurred are invisible to the public, but the next reductions will be visible to the public. Approximately 80% of County functions are mandated services or programs administered through County departments; therefore, the non-mandated services will be the first to be reduced or eliminated. Policy Decisions: Funding County operations and facilities at a minimum level cannot be continued into the future if the citizens are to receive the services they now receive, demand, and have become accustomed to receiving. Decisions made to balance the budget will impact the future of the County. There were no expanded services in the current budget except for expenditures related to opening and maintaining the Veterans Park School complex. Current operating County budgets are below the last fiscal year, and no funding is included in the current budget for new capital projects. New Hanover County continues to grow and the demographics continue to change. The current infrastructure of the Schools, Parks, Libraries, Court space and other public buildings must be met. The one-year elimination of funding for capital projects from the current budget should not become a trend if the County is to sustain its qualify of life. Policy decisions will have to be made by the Board of County Commissioners. When discussing the budget for FY 2002-2003, the Board will be requested to make numerous policy decisions. Budget Challenges For FY 2002-2003 The economic uncertainty overshadows the FY 2002-2003 budget process. The general fund debt service will increase by approximately $1 million, the debt service for public schools will increase by approximately $2.6 million, and Medicaid expenditures are expected to increase by approximately $3 million. Another issue of concern is the condition of the County Administration Annex Building which will have to be addressed in the not too distant future. Commissioner Boseman spoke on Wilkes County offering a 1.5% discount to people who pay their taxes before August 31 and she asked if the County Tax Department had considered a discount of this type. Tax Administrator Robert Glasgow advised that the Tax Department reviewed the discount method several years ago and found that the amount of revenue generated did not create enough additional income to prompt the department to follow through with this procedure. Commissioner Boseman advised that a discount would be a savings to the taxpayers without any cost to the County; therefore, she felt this item should be reviewed. Tax Administrator Glasgow explained that taxpayers have the option to pay the tax bill upon th receipt or at any time before the 5 day of January. Currently, the Tax Department uses a lock box with tax receipts sent directly to BB&T in Charlotte with immediate interest earned on the monies collected. This procedure has saved money for the County. Commissioner Boseman again reiterated the importance of saving money for the taxpayers, and she requested County Manager O’Neal to consider offering a discount for early payment of taxes as part of the FY 2002-2003 budget process. County Manager O’Neal advised that he would be glad to check into this process and make a recommendation to the Board for the upcoming budget. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 834 County Manager O’Neal continued the presentation by saying that during the upcoming budget process, Staff will review operations and focus on core functions to see if reductions can be made to provide quality services in a more efficient manner. With times changing, the next budget process will be more difficult than the past budget, and the next round of reductions will be felt by the consuming public. Staff will keep the Commissioners informed on the analysis of the current and upcoming budget, and policy direction will be requested from the Board. In closing, County Manager O’Neal expressed appreciation to County Staff and Department Heads for accepting the reductions and sharing the burden. He noted that mandated programs are the primary responsibility of the County, which involves funding for Schools, the Department of Social Services, Health Department, Mental Health, Law Enforcement, and Courts. The other quality of life departments, which provide important services to the community, will have to be analyzed during the budget process. With decreased sales tax projections and the economic condition of the country, county governments will be negatively impacted. Every effort will be made by Staff to meet these challenges during the upcoming budget process. County Manager O’Neal offered to answer questions. Commissioner Boseman asked if a decision was made to combine City and County law enforcement, would this save money for the taxpayers. County Manager O’Neal responded that initially, combining law enforcement will not save money because the jail and court responsibilities carried out by the Sheriff’s Department will continue; therefore, the overlap in services administered by City and County law enforcement agencies is very small. Commissioner Caster requested County Manager O’Neal to review other sources of revenue such as establishing fee structures for Parks and Libraries when preparing for the FY 2002-2003 budget. County Manager O’Neal responded that establishing fees would not create a large revenue stream but it could assist with keeping certain functions operational. Commissioner Caster again requested clarification on State reimbursements to be received by the County during the current budget year. Budget Director Griffin responded that counties have been assured of receiving full reimbursements for the current fiscal year and stated that the first payment had already been received. Discussion was held on when the next fiscal budget process will begin. County Manager O’Neal advised that Staff had already begun the process and the first Budget Work Session will be held in early January 2002. After hearing no further questions, Chairman Davis expressed appreciation to County Manager O’Neal and Budget Director Griffin for the informative report. ACCEPTANCE OF CONTRIBUTION FROM THE FRIENDS OF THE LIBRARY FOR THE NORTHEAST REGIONAL LIBRARY Library Director, David Paynter, advised that Ms. Jane Freeman and Mr. Bob Mayo, members of the Friends of the Library, were present and would be making brief presentations. He advised that the Board will be requested to authorize use of $45,000 from the donations raised to renovate the back portion of the Northeast Regional Library into a computer lab and meeting space. Mr. Bob Mayo reported that four years ago, the Board of County Commissioners agreed to purchase the vacant building on Military Cut-Off Road and renovate it to be used as the Northeast Regional Library. At that time, the Friends of the Library agreed to raise $1,000,000 for the project and this goal has been accomplished. This following summary was presented: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 835 Original Fund Raising Goal $1,000,000 Added Contribution 20,000 Gifts Received for the New Front Entry & Landscaping 77,000 2 Computers for Children’s Room 5,600 ProxAir gift for the Computer Lab 35,000 Grant for Furniture 4,500 Additional contribution for Lab & Meeting Rooms 45,000 In-Kind Gifts 154,569 Grand Total$1,341,669 Mr. Mayo presented the following list of In-Kind Gifts that had been included in the grand total: Gemplus (associated with catalogue system)$ 44,262 VTLS (associated with catalogue system) 50,000 MCI Sprint (associated with phone system) 4,185 IBM-Eastern Tech 10,865 Artwork in Entry to Library 2,000 Gates Computers for Computer Lab 43,257 Total$ 154,569 Mr. Mayo concluded his presentation by saying that the Fund Raising Committee was proud of raising $1,341,669 which was not only an achievement but a compliment to the community. Vice-Chairman Greer congratulated the Fund Raising Committee for an outstanding job and stated that the Northeast Regional Library would not have become a reality without this contribution. When the Board was first approached about raising $1,000,000 from private sources, there was some doubt among members of the Board as to whether this goal could be accomplished. He stated that he voted to proceed with the project based upon this commitment, and to see the Fund Raising Committee exceed $1,000,000 is an exceptional example of a public/private partnership that came about because of the hard work and dedicated effort given by this Committee. Ms. Jane Freeman, former Fund Raising Chairman, spoke on the amount of time involved with achieving this goal and stated that the Northeast Branch Library will be completed, including the Computer Lab and meeting rooms in 2002. She stated that the Northeast Regional Library was truly a dream come true because of a generous and appreciative community. During the past four years, it had been an honor and joy to work with hundreds of volunteers, donors, and County Staff who gave of the their time to meet this commitment. Last, but not least, the County Commissioners are to be commended for their outstanding and courageous leadership to support this project. Ms. Freeman presented the final check in the amount of $115,812 to the Board of County Commissioners, and a round of applause was given to Ms. Freeman and the Fund Raising Committee for this outstanding accomplishment. Chairman Davis noted that he had been doubtful and critical of moving forward with the Library Project and stated that he was wrong. He said from the bottom of his heart he was very proud of the fund raising effort which speaks so highly of many people living in New Hanover County. He congratulated Ms. Freeman and members of the Fund Raising Committee for this outstanding effort. Chairman Davis called for a motion to accept the donation. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to accept the check in the amount of $115,812, approve the associated budget amendment, and move forward with completing the Northeast Regional Library project. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 836 Budget Amendment #2002-14-Library-Northeast Branch ADJUSTMENTDEBITCREDIT Contribution from Friends of the Library$45,000 Extended Project Expense$45,000 Explanation: To increase the budget for the additional contribution from the Friends of the Library to be partially used to fund a computer lab. BREAK Chairman Davis called a break from 10:05 A.M. until 10:25 A.M. ACTION DEFERRED ON CONSIDERATION OF CONDITIONAL PERMIT GRANTED BY THE U.S. ARMY CORPS OF ENGINEERS FOR THE MASON INLET RELOCATION PROJECT Assistant County Manager, Dave Weaver, reported that the conditional permit from the Corps of Engineers had not been received, and he requested the Board to table this issue until the next meeting to be held on November 5, 2001. Consensus: It was the consensus of the Board to defer action on this item until the November 5, 2001 meeting. CONSIDERATION OF PROJECT TO CONTROL EROSION AT SNOWS CUT Assistant County Manager, Dave Weaver, reported that Snows Cut Park in recent years has experienced severe erosion of 15 to 20 feet per year due to strong currents undermining the bank along the Atlantic Intracoastal Waterway. Based on recent discussions between Staff, the Corps of Engineers, and Greg Walker, Executive Director of Cape Fear Resource Conservation and Development, Inc. (RC&D), it may be possible for the Corps to obtain funding to correct the problem with a rock revetment along the shoreline. The cost of the project would range from $1.5 million to $12 million depending upon the amount of revetment placed along the shoreline. The estimated cost of placing a rock revetment along Snows Cut Park ranges from $1.5 million to $3 million. Funding sources available are under Section 1135 funding, which requires a 75% (Federal)/ 25% (Local) match and this grant is fairly easy to obtain. The local match would not be required until the time of construction which will be several years. Operations funding from the Corps of Engineers is another funding source that is 100% federally funded, but the grant is more difficult to obtain. Commissioner Caster objected to the County accepting this responsibility when the Corps of Engineers is responsible for maintaining the bank along the Intracoastal Waterway. Chairman Davis noted that he could not support the project unless funding was received for the entire project, particularly when the property is owned by the Corps of Engineers. After a lengthy discussion of the project being the responsibility of the Corps of Engineers at a cost ranging from $1.5 million to $3 million to construct a rock revetment along the shoreline of Snows Cut, Vice-Chairman Greer stated that he was not sure Snows Cut Park was worth $3 million and suggested that the project be the responsibility of the Corps of Engineers. Mr. Greg Walker, Executive Director of Cape Fear RC&D, reminded the Board of the investments made by the County and State in parks located in the Snows Cut area and suggested involving the Congressional delegation in trying to obtain federal funds for the project. County Manager O’Neal agreed with Mr. Walker and stated that he felt federal funding should be pursued by contacting the Congressional delegation and explaining the severity of the erosion problem. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 837 Motion: After a lengthy discussion on trying to obtain federal funding, Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to direct Staff to move forward with seeking a federally funded remedy for the erosion problems at Snows Cut from the Corps of Engineers by working with the Congressional delegation and other agencies such as the State Parks, Cape Fear RC&D, NCDOT and CP&L, with the clear understanding that a vote concerning whether or not to proceed with the project will not be made by the Board of County Commissioners until after the funding has been determined. Upon vote, the MOTION CARRIED UNANIMOUSLY. UPDATE ON JAIL PROJECT Mr. Greg Thompson, Chief Project Engineer, presented an update on the progress of the construction on the jail site. The clearing and grading work has been completed and the piling work is completed for the Administration area and housing unit. The precast jail cells have been delivered to the site with a built-in bunk, sink, and toilet in each cell. The next step will be to award the utility package for construction of the water distribution and sewer collection systems. A power point presentation was presented on the Jail site showing the location of the Jail, other buildings on the site, location of constructed wetland ponds, the inside of a precast jail cell, and a schematic drawing of how the walls and roof will be constructed around the cells. The Jail is to be completed by October 2002. Mr. Thompson turned the meeting over to Mr. Ken Weeden, of Ken Weeden & Associates, Inc., to present to the good faith efforts made to recruit DBE firms to participate in the Jail project. Mr. Ken Weeden reported that each bid package was reviewed with a percentage goal established. The percentages have ranged from 11 to 16 percent, which is an acceptable figure for a project of this size with so many different types of work. The following seminars have been held throughout the community to recruit firms: Contractor’s College I held on October 28, 2000: 1. This was a one-day seminar sponsored by local construction firms and banking and educational institutions. The Jail project was used as a typical focus, which provided intense business-education for small construction contractors. Topics presented covered small business management, taxes, record keeping, insurance, bonding and banking. The most significant information dealt with the Jail project and how to bid on the various packages. Contractor’s College II held on January 27, 2001: 2. This was a Bidding & Estimating Workshop based on input received from the Contractor’s College I. Courses were presented in detail on the basics of bidding and estimating with practical exercises performed. During the entire process, a massive campaign was put into effect through television, pamphlets, and notices to contractors. Approximately 145 people attended the seminars and all firms did not bid on the Jail project, but many of the attendees were able to obtain other jobs with local companies. Approximately 23firms were certified through the Jail Project and the remaining work will be to monitor compliance activities. In concluding the report, Mr. Weeden advised that he felt the number of DBE firms involved in the bidding and education process had been most successful. He expressed appreciation to the Board for allowing his firm to serve as a Compliance Consultant for the Jail project. On behalf of the Board, Chairman Davis expressed appreciation to Mr. Weeden for the effort given to involve DBE firms in the Jail project. CONSIDERATION OF APPROVAL OF UTILITY PACKAGE-JAIL PROJECT Mr. Greg Thompson, Chief Project Engineer, informed the Board that on Wednesday, October 3, 2001,bids were received for construction of water and sewer systems associated with the New Hanover County Jail facility. The successful low bid was received from Dellinger, Inc., a single prime contractor, in the amount of $1,156,638 with a 16% DBE goal. The bid also covered design services for renovations to the Law Enforcement Center. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 838 A lengthy discussion followed on contingencies and how these funds were being used. Deputy County Manager Atkinson explained that originally contingencies were assigned to each area of the project; however an effort has been made to combine these contingencies into one contingency for the Jail Project. For example, instead of placing a contingency figure in each contract for Freeman White, Miller Building, or Phillips and Jordan, these contingencies have been combined. Chairman Davis pointed out that the amount of contingency is included in the amount of money borrowed by the County on a capital project which is paid by tax dollars. The less contingency used means that the County borrows less money. He stated that justification should be provided to the Board to show how a contingency is used. Vice-Chairman Greer spoke on the need for the Board to clearly understand contingencies. He suggested that Staff provide a list showing the amount of contingency for a capital project, the amount spent, and the purpose for which the money was expended. He also referenced a report received in September that listed contractors and bid amounts for the Jail project and stated when opening the bids on October 3, the low bid was the exact dollar amount as shown in the report. He requested an explanation of how this could have occurred. Deputy County Manager Atkinson explained that the bid had been received earlier, but it had not been presented to the Board. Vice-Chairman Greer requested an explanation of why the utility bid was not part of the Water and Sewer District. Deputy County Manager Atkinson responded that eventually the water distribution and sewer collection systems will become a part of the Water and Sewer District. The funding was included in the Jail Capital Project to avoid removing money from the Water and Sewer Fund which has a limited amount of funds. After further discussion on contingencies, County Manager O’Neal advised that a comprehensive contingency presentation would be made to the Board at the next morning meeting. Vice-Chairman Greer requested County Manager O’Neal to start from the beginning of the project when making the presentation. Chairman Davis called for a motion to award the bid. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to award the bid and contract to Dellinger, Inc., the lowest responsible bidder, in the amount of $1,156,638, for construction of water and sewer systems associated with the New Hanover County Jail Facility. Upon vote, the MOTION CARRIED 4 to 1. Commissioner Boseman voted in opposition. A copy of the contract is on file in the Legal Department. ADOPTION OF RESOLUTION IN SUPPORT OF THE APPLICATION FILED BY THE PLANNING DEPARTMENT TO THE N. C. DEPARTMENT OF ENVIRONMENTAL AND NATURAL RESOURCES, DIVISION OF WATER RESOURCES GRANT FOR WETLAND RESTORATION AT 2639 MIDDLE SOUND LOOP ROAD Assistant Director of Planning Alex Marks reported that New Hanover County purchased property located at 2639 Middle Sound Loop Road as a component of the New Hanover County Tidal Creeks Watershed Management Program. The County intends to utilize Tidal Creeks construction and enhancement project funds for on-site wetlands restoration and removal of a drainage pipe which releases storm water directly into Howe Creek. The total cost of the project is estimated at $32,000 and the grant covers $21,440 reducing County match to $10,600. Funds from the New Hanover County Tidal Creeks Watershed Management program have already been allocated toward water quality enhancement projects, and an application has been filed with the North Carolina Division of Water Resources for a grant. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 839 After hearing no comments from the Board, Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to adopt a resolution supporting the Planning Department’s application to receive a N. C. Division of Water Resources grant for wetlands restoration at 2639 Middle Sound Loop Road. 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 XXVII, Page 10. CONSIDERATION OF ADOPTION OF RESOLUTION REQUEST FOR THE COUNTY TO MAINTAIN OWNERSHIP OF VETERANS DRIVE AND REDUCE THE SPEED LIMIT TO 20 MPH AS REQUESTED BY THE BOARD OF EDUCATION County Manager O’Neal noted that since no representatives were present from the Board of Education, he would speak on this request. He advised that the Board of Education adopted a resolution requesting the County to maintain ownership and control of Veterans Drive to protect students and control traffic on the road. With construction of the recently approved condominium project at the intersection of River Road and Veterans Drive, the Board of Education feels that having control of traffic measures is imperative to maintain a safe access for children attending schools located in Veterans Park. Commissioner Pritchett asked if the Board of Education and School Administrators had been duly notified of when the agenda item was to be heard by the Commissioners. County Manager O’Neal responded that the Board of Education and School Administrators had been notified. Commissioner Boseman stated that the most important issue was to protect the safety of children attending schools at Veterans Park. She expressed concern for members of the Board of Education not being present to discuss this item. Commissioner Caster expressed concern for even discussing this issue when the Board has never indicated that Veterans Drive from the River Road to Carolina Beach Road would be turned over to the N. C. Department of Transportation (NCDOT) to be maintained by the State. Chairman Davis expressed concern for no members of the Board of Education being present and he asked if Parks Director, Neal Lewis, would like to comment. Parks Director Lewis advised that it was never intended for Veterans Drive to be maintained by the NCDOT. This road was purposely designed as a meandering road with curb cuts, gates, speed humps, and a low speed limit to protect the safety of students attending the schools. With the condominium project being constructed, traffic will only increase on Veterans Drive and the traffic controls already in place should remain to protect the public safety of students. Vice-Chairman Greer requested an explanation of NCDOT standards and asked if the first 1,000 feet of Veterans Drive from the River Road had to be brought up to State standards. Assistant County Manager Weaver explained that a road had to be a dedicated right-of-way, paved to a certain thickness with a rock base, and comply to other NCDOT specifications. Veterans Drive was built to State standards with the use of retention ponds except for the first 1,000 feet. Vice-Chairman Greer asked why retention ponds were not used on the first 1,000 feet. Assistant Project Manager, Max Maxwell, explained that one of the retention ponds at the lower end of Veterans Drive had to be modified. In order to modify the pond, infiltration had to be used to catch the sediment coming from the pond, which required installing pipes and a sand filter under the road. At that time, there was no intention of turning the road over to the State for maintenance. He reminded the Board that several phases of the project have not been completed and stated that Staff is considering pedestrian crossings and meetings are being held with surrounding NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 840 neighborhoods to discuss this issue. County Manager O’Neal noted that discussion is also being held on security measures in the area to keep people from using road stubs. Staff has every intention of making Veterans Park a safe and secure environment. Motion: Chairman Davis MOVED that New Hanover County maintain ownership and control of Veterans Drive and take whatever measures are necessary to protect the safety of individuals entering and leaving Veterans Park. Assistant County Manager Weaver requested the Board to make it clear in the motion that the first 1,000 feet will not be maintained by the County based on the Technical Review Committee’s subdivision approval. Vice-Chairman Greer asked why the first 1,000 feet should not be included in the motion. Assistant County Manager Weaver responded that the developer will be required to modify the road by removing the pipes and filter before the NCDOT will accept the road for maintenance. When the Technical Review Committee approved the subdivision submitted by Mr. Nathan Sanders, this approval was contingent upon requiring the developer to upgrade the road to State standards. This means that the developer will have to pay for removing the drainage pipes and filters under the road. Vice-Chairman Greer objected to the County installing the drainage pipes and filters on land donated by the developer and then asking the developer to remove the drainage measures. Commissioner Pritchett asked if the motion would be clearer if it states that the County will maintain ownership and control of Veterans Drive “within Veterans Park”. Amended Motion: Chairman Davis MOVED, SECONDED by Commissioner Pritchett, to maintain ownership and control of Veterans Drive within Veterans Park and take whatever measures are necessary to protect the safety of individuals entering and leaving Veterans Park. Assistant County Manager Weaver responded that the additional language would clarify the issue. Mr. Nathan Sanders, the developer of the Veterans Park Condominium project, stated that confusion and a disregard for facts had occurred when discussing this issue. He informed the Board that originally he sold a substantial part of the land to the County for the Veterans Park/School Complex. At that time, another strip of land was sold to the County for a road to go between Lambs Bluff and Tidal Holm. Later, County Staff called and said that the land would not be adequate for an entrance and requested to go across another piece of his property south of River Road. After discussing the need for the County to have an entrance that would come between Tidal Holm and Lambs Bluff, he agreed to donate the land for the road to the County free of charge contingent upon being allowed to access the road since the property would be split into two parts once the road was built. Later, while driving through the woods, he noticed two 30 inch storm pipes coming out of the ground at the edge of his property and he contacted Commissioner Caster, who was then Chairman of the Board, to find out who should be contacted about storm water flowing from the Veterans School/Park Complex onto his property. Later, a member from the Board of Education contacted him and explained that a mistake had been made. It appears that a person was contacted who did not own the property for permission to install the pipes. A request was then made to meet with Mr. Paul Boney, the architect designing the project, to discuss how to handle the problem with storm water running off onto his property from the complex. After discussing various options, Mr. Boney decided that the best solution for the County was to run twin 30-inch pipes under the pavement for 1,000 feet to dump the water on another piece of property that he owned on River Road. Mr. Boney was informed that he would discuss this option with professional engineers and a land planner to see if this was a satisfactory solution. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 841 After a review of this option by professionals, Mr. Sanders stated that he was advised that the storm water from the school property should not be accepted because of the potential to increase the amount of wetlands on his property. In an effort to be cooperative, a proposal was made to Mr. Boney to run pipes under River Road to dump the storm water from the 210 acres on the other side of River Road to property that he owned. No agreement was ever reached. Since that time discussion has been held with the County Manager O’Neal for almost a year and storm water has been diverted onto his property against its natural flow without his consent and over his objection even though an offer was made to allow the storm water to be piped under River Road to his property on the other side of the road. He expressed concern for being placed in the position of having reservations about dealing with New Hanover County, particularly when he donated the land. New Hanover County agreed to let him use the road, and the County has not lived up to its agreement. A meeting was then held with the Planning Board to consider the fact that when the Technical Review Committee (TRC) approved the project one of the County Engineers, who had been dealing with this issue, asked the TRC to approve the project with the condition that the road would have to be taken over by the NCDOT. At this meeting, he told the TRC that the NCDOT would not accept the road with the existing pipes and sand filter under the road. After the project was passed by the TRC with the required condition, a meeting was scheduled with the local office of the NCDOT District Engineer and local manager to inform them about the condition imposed on the approval of the project. The District Engineer explained that the State could not take over the road with the existing pipes and sand filter under the road. Another meeting was held with the Planning Board to request the TRC to reconsider the condition since the NCDOT could not maintain the road. Members of the TRC asked the District Engineer, who was present at the meeting, if the road could become a State maintained road. The response was that the road could not be accepted by the State Highway System because of the pipes and sand filter underneath the road. The question was then asked if the pipes and sand filter were removed, would the State accept the road. The response was that removing the pipes and sand filter would not matter because the State does not accept partial roads. If the road intersected with another State maintained road, the road would be accepted. In this case, the next State maintained road that intersects with Veterans Drive is Heritage Woods Drive which is almost to Carolina Beach Road. The NCDOT will consider maintaining the road down to Heritage Woods Drive if all other criteria are met, including no gates and no speed humps. Mr. Sanders stated that when the Board of County Commissioners heard the appeal to the TRC decision on October 1, 2001, the Board imposed the condition that this section of the road must be taken over by the NCDOT. A third person from the NCDOT has responded saying that the road cannot be accepted because of the storm water pipes and sand filter device underneath the road. If the Board feels that it is logical to remove the pipes and filter, the next question to consider is what will the County do with the storm water runoff from the Veterans Park/School Complex. Gravity is working against a solution. If the storm water needs to be carried to River Road, it appears that the County does not have a way to carry the water to River Road except through the pipes under Veterans Drive which is the reason the road cannot be maintained by the NCDOT. In closing, Mr. Sanders requested the Board to find a solution to the problem. He noted that every effort has been made to work with the County by donating land and offering a solution by running pipes under River Road to allow the storm water to dump onto his property across River Road. This proposal was rejected, and he is now being required to bring the road up to State standards when the NCDOT will not accept the road. Chairman Davis referenced the minutes of the October 1, 2001, meeting and read the following portion of the amended motion: “...and to require that the 1,000 feet of Veterans Drive be brought up to NCDOT standards. This matter is to be remanded to the TRC for review and consideration of the plans for the project not inconsistent with these findings.” Chairman Davis noted that the motion does not say the road has to be taken over by the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 842 NCDOT. Mr. Sanders expressed appreciation to Chairman Davis for clarification of the motion and stated apparently the Planning Staff and Mr. Weaver’s office are under the impression that he cannot move forward until the road is turned over to the NCDOT. He requested the Board to clarify this issue with the Planning Staff. Assistant County Manager Weaver informed the Board that storm water from the entire Veterans Park/School Complex does not dump water onto Mr. Sanders property. With the series of storm water retention ponds in place and sandy soils in this area, storm water runoff should not be a problem. With reference to the road being turned over to the State, Mr. Sanders is correct. In the subdivision approval process, all developers are required to build roads according to State Standards. The State will not accept a road until residential development is in place. In this case, Veterans Drive will not be accepted until the residents living in the new condominium project begin using the road. With reference to the remarks made by Mr. Sanders regarding the NCDOT not accepting partial roads or dead end roads, the road going into the new Jail on Blue Clay Road is a dead end road maintained by the NCDOT. There is the potential for the NCDOT to accept dead end roads and cul- de-sac roads in new subdivisions. Vice-Chairman Greer asked if a developer was in the process of developing property and installed two 30-inch pipes at the edge of his property that drained onto an adjacent property, would this be legal under the existing storm water regulations. Assistant County Manager Weaver explained that drainage law is involved in determining the amount of storm water runoff to an adjacent property. Under this law, the property downstream must accept a reasonable amount of storm water runoff; however, this depends on the amount of runoff that can be accepted on downstream property. Vice-Chairman Greer stated that he felt Mr. Weaver was aware of the fact that placing a pipe at the end of one property to runoff onto another adjacent property was not acceptable, particularly when the County recently enacted ordinances prohibiting the obstruction or diversion of the flow of water to an adjoining property. This is a case where the County is applying a double standard by prohibiting developers from allowing storm water to flow onto an adjacent property but allowing the County to dump the flow of water onto an adjacent property. Assistant County Manager Weaver stated that Boney Architects explained to Staff that the water coming from the two pipes would flow into a bowel area on Mr. Sanders’ property. The runoff will fill up the bowel to a certain level before starting to go across River Road. Currently, the water flows over River Road on a natural basis. The installation of pipes will possibly increase the frequency of water flowing over River Road, but this runoff will not expand the flooded area. Vice-Chairman Greer asked how Mr. Sanders could be required to upgrade the road when this is not physically possible. Assistant County Manager Weaver responded that with sufficient money, the road could be upgraded or modified. Vice-Chairman Greer stated that it was not fair to request Mr. Sanders to fix the problem when he donated the land to the County and requested that the runoff not be dumped onto his property, particularly when the pipes and filter were installed by the County. Mr. Sanders offered to provide letters from the NCDOT explaining why Veterans Drive cannot be accepted as a State maintained road. Chairman Davis referenced the statements by Vice-Chairman Greer and stated that the County should do what is right. County Attorney Copley reminded the Board that when the appeal was heard on October 1, 2001, the Board amended the decision of the TRC and remanded the plan back to the TRC with the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 843 direction not to be inconsistent with the findings of fact and conclusions. When the TRC reviews the technical aspects of the plan, the Committee will hear the evidence from drainage experts, Mr. Sanders, and professional engineers. The TRC will be responsible for making another finding, and if one of the findings cannot be met, the TRC will report this to the Board of County Commissioners. Discussion was held on reducing the speed limit to 20 mph as requested by the Board of Education. Chairman Davis suggested directing Staff to present any items of this type of the Board of County Commissioners for review and approval. Vice-Chairman Greer referenced the first 1,000 feet on the other side of Veterans Park coming off Carolina Beach Road and asked what was considered to be within Veterans Park. He stated that he thought Veterans Park would run from Carolina Beach Road to the River Road. Assistant Project Engineer Maxwell responded that Veterans Park would run from Carolina Beach Road to the River Road excluding the1,000 feet. Vice-Chairman Greer asked why the 1,000 feet should be excluded. Assistant County Manager Weaver explained that if the County decides to continue to own the 1,000 foot strip off River Road without the road being turned over to the State, this will be in direct conflict with the decision made by the TRC, which would make it impossible for Mr. Sanders to comply with TRC requirements; however, this decision can be modified by the TRC. Vice-Chairman Greer requested the County Attorney to comment on the statement made by Mr. Weaver, which was different from what she had said earlier. County Attorney Copley explained that the Board remanded the plan back to the TRC for a decision to be made that would not be inconsistent with the directives given by the Board of County Commissioners on the findings of fact and conclusions made on October 1, 2001. The TRC will review the plan based upon what was acted upon by the Commissioners as well as review the technical issues. If the TRC finds that it is not possible for Mr. Sanders to remove the pipes and filter, the Board of County Commissioners will be notified. Commissioner Pritchett requested a clarification of where Veterans Park ends and stated she thought it was from Carolina Beach Road to the barricade. Assistant County Manager Weaver stated that Veterans Park runs from Carolina Beach Road to the River Road. Parks Director Lewis explained that the issue before the Board is to decide who should pay to maintain the first 1,000 feet of Veterans Drive from River Road. This was not an issue until a plan for over 400 condominiums was announced. It then became apparent that traffic on that portion of Veterans Drive would significantly increase. Staff began to worry about the cost of maintaining the 1,000 feet in the future with repair of potholes and re-paving the road. If the Board does not have a problem with the County paying to maintain the 1,000 feet in the future, this issue will be resolved. Vice-Chairman Greer agreed with Director Lewis and stated that the County should have made the decision to maintain the road before giving Mr. Sanders the rights to the road. It is not fair to accept the donation of land from Mr. Sanders and give him the right to use the road and now try to take back that right of use. Parks Director Lewis noted that when Veterans Parks was being planned, the property around the 1,000 feet was zoned R-15 Residential and all areas were being developed as single-family residences. Multi-family and clustered development occurred after the donation of 1,000 feet was accepted. Chairman Davis pointed out that Mr. Sanders does not have exclusive rights to the 1,000 feet and noted that he has a non-exclusive easement for access, egress, and regress from River Road easterly 1,000 feet including a right to pave at his expense, not inconsistent with the road standards NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 844 of the NCDOT and New Hanover County. Mr. Sanders explained that when this agreement was being negotiated, there was a question as to whether he or the School System would be the first to use the road. As a result, an opportunity to pave the road was granted to him should he desire to build the road before the County. Commissioner Pritchett expressed concern for opening too many doors by accepting the entire road and she WITHDREW HER SECOND to the motion. Commissioner Boseman stated that she could not vote on a motion without knowing the cost of maintaining the road. She suggested changing the motion to take whatever measures are necessary to protect the safety of individuals entering and leaving Veterans Park. Vice-Chairman Greer reminded the Board that from the beginning of the project, it was the intent for the County to build and maintain the road. Parks Director Lewis is concerned about turning the road over to NCDOT because the County will not be able to control traffic safety on the road. County Manager O’Neal stated that he felt 1,000 feet would not make a significant difference; therefore, he would recommend maintenance of the road by the County with notification of this decision to the TRC. Some of the concerns about the drainage issue have been resolved on site; therefore, he would like to discuss this matter with Boney Architects before making any comments. Chairman Davis advised when the project was first reviewed, it was determined that Veterans Drive was a County road that would be used for the schools and park. Nothing was mentioned about 1,000 feet being used for another purpose. The Board should do what is right in rendering a decision. Commissioner Pritchett expressed concern for making this decision without enough information. Amended Motion: Chairman Davis MOVED, SECONDED by Commissioner Caster, for New Hanover County to maintain ownership and control of Veterans Drive and take whatever measures are necessary to protect the safety of individuals entering and leaving Veterans Park. The MOTION CARRIED 4 to 1. Commissioner Pritchett voted in opposition. COMMITTEE APPOINTMENTS Appointments to the Risk Management Advisory Committee Chairman Davis announced that two vacancies needed to be filled on the Risk Management Advisory Committee. He reported that two applications were received with one applicant, George H. Chadwick, III, desiring to be reappointed. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to reappoint George H. Chadwick, III to serve a three-year term and to appoint Deborah D. Watts to serve a three year term on the Risk Management Advisory Committee with the terms to expire September 1, 2004. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Davis convened from Regular Session to hold a meeting of the New Hanover County Water and Sewer District at 12:20 P.M. Chairman Davis reconvened to Regular Session at 12:34 P.M. 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 or to comment on an item listed on the Consent Agenda. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 845 He requested all persons speaking to limit their remarks to three minutes. Request for Endorsement of the Golden Leaf Foundation Grant Submitted by the Shaw University Wilmington Cape Community Service Institute Dr. Nathaniel N. Fullwood, Director of the Shaw University Cape Community Service Institute, reported that Shaw University was founded in 1865 and is the oldest historically black college in the south that trained doctors, engineers, and lawyers until 1930 when the University changed its focus to training teachers, preachers, and social engineers, etc. In August 2001, the Cape Community Service Institute was established in Wilmington. This is a new initiative of community outreach by day and adult education programs operating in the evening and on weekends. As part of the Cape Community Service Institute, a grant in the amount of $1.5 million over a two-year period has been submitted to the Golden Leaf Foundation to operate the Project Self Employment for Economic Development (SEED) Gateway Program. This is a job creations program for unemployed individuals in New Hanover County, Brunswick County, and Pender County. The 50-50 stipend loan program will be the basis upon which the Project SEED Gateway program will become self-sustaining. Repayment of 50% of each 50-50 stipend loaned back to the Shaw University Cape at Wilmington will initiate this process. In closing, Dr. Fullwood requested the Board to authorize the Chairman of the Board to write a letter of endorsement to the Golden Leaf Foundation to demonstrate support for the Project SEED Gateway program. Chairman Davis requested Dr. Fullwood to place this item on the next agenda so the members of the Board would have time to review the information forwarded about the program. Dr. Fullwood noted that a project summary had already been submitted to the Chairman and the County Manager for endorsement of the grant. Chairman Davis explained to Dr. Fullwood that the information was received and after canvassing members of the Board, it was not a unanimous decision to support the program; therefore, he felt this item should be placed on the agenda for further discussion in a public forum. Dr. Fullwood advised that the next meeting would be too late to receive the endorsement. Comments from Chairman of New Hanover Human Relations Commission Mr. Carl Byrd, Director of Human Relations, introduced Mr. Anthony Gentile, Chairman of the Human Relations Commission, and advised that he would speak on the support of a resolution that was crafted by the Human Relations Commission and brought forth by Commissioner Nancy Pritchett, the Board’s representative on the Human Relations Commission. Mr. Gentile stated that in light of the recent terrorists act of September 11, 2001, he was proud of the way that all Americans have come together as one nation indivisible and the manner in which our government has shown a united front behind a President who has said the evil doers will be brought to justice. He also noted that he was proud of the men and women of the Armed Forces who have answered the call and placed themselves in harm’s way. Our society has come a long way from retaliating against the innocent out of anger and frustration. The days of putting Americans in camps because of their heritage is long gone. We live in a free country that allows public dissent and there are a few acts of hate occurring throughout the state and country to innocent people who have not erred. This was the purpose of preparing a resolution that was adopted by the New Hanover County Board of Commissioners on October 1, 2001, urging the community to reject biases especially those of Arab descent or of the Islamic faith. In concluding his remarks, Mr. Gentile stated from a personal point of view, he would urge any person in the community to drop the hyphen in front of American. The time has come to unite and people should not separate themselves from by being Americans by calling themselves Italian- Americans, African-Americans, Irish-Americans, etc. The time has come for all people to become Americans and enjoy the greatest culture this world has ever known. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 846 On behalf of the Board, Chairman Davis expressed appreciation to Mr. Gentile for his remarks and outstanding service as Chairman of the Human Relations Commission. ADDITIONAL ITEMS BY COUNTY COMMISSIONERS Discussion of Revisions to the Consolidation Feasibility Study Commissioner Caster asked when the Commissioners will receive a corrected and revised copy of the Feasibility Study performed by Dr. Suzanne Leland. County Manager O’Neal responded that Dr. Leland had just forwarded a revised copy of the Feasibility Study and once he is sure the revisions are correct, a copy will be forwarded to each Commissioner. Request for Update on County Preparedness to Deal with Health Issues Involving Terrorism Commissioner Caster requested the County Manager to provide a report on how the County is preparing to deal with health issues involving terrorists acts. County Manager O’Neal advised that he was in the process of discussing this issue with the Health Director David Rice and stated that an update will be presented at a future meeting. Work Session Rescheduled with Administrators of New Hanover Regional Medical Center to Discuss Interest Rate Swapping Agreements Chairman Davis advised that a meeting needed to be rescheduled with New Hanover Regional Medical Center Administrators and bond counsel representatives of Salomon Smith Barney to discuss interest rate swapping agreements. Consensus: After discussing various dates, it was the consensus of the Board to schedule a Work Session on November 19, 2001, at 2:00 P.M. following the regular meeting of the Board. Discussion of Letter Received from Autumn Care Regarding Support of an Ambulance Franchise Being Awarded to Coastline Care Chairman Davis referenced a letter received from Autumn Care located in Myrtle Grove requesting support of awarding a franchise to Coastline Care and he requested Commissioner Caster to comment on this matter. Commissioner Caster explained that New Hanover County has a franchise with New Hanover Regional Medical Center and Medical Transportation Specialists, Inc. Currently, there are two other ambulance services operating in New Hanover County without a franchise. The County pursued this issue in court, and the Superior Court Judge ruled that the franchise could not be stopped. County Attorney Copley explained that Assistant County Attorney Holt Moore tried to secure a temporary restraining order, but Judge Fullwood ruled there was no irreparable harm; however, the County will proceed with the lawsuit. Coastline Care should approach the County about applying for a franchise, and the Board would then have to decide if New Hanover County needs another franchise. Past history has shown that only one franchise can survive in the County. She advised that she would keep the Board informed about the lawsuit. Discussion of Economic Development in New Hanover County Commissioner Boseman spoke on concern for economic development in New Hanover County and asked about the amount of vacant land on Highway 421 North. She noted that Rockingham County just held a groundbreaking ceremony for a new industrial park and stated that the water and sewer infrastructure was paid through State grants. She requested Staff to pursue a County or regional project of this type on land along Highway 421 North. County Manager O’Neal responded that Rockingham County is considered an economically depressed county; therefore, this county is eligible to receive State grants for infrastructure services. New Hanover County does not fall into this category and would not be eligible to apply for the grants. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, OCTOBER 15, 2001 PAGE 847 Vice-Chairman Greer stated that Wilmington Industrial Development was in the process of trying to provide water and sewer as well as natural gas to this area of Highway 421 North. ADJOURNMENT Chairman Davis called for a motion to adjourn the meeting . Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adjourn the meeting. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 12:58 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board