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2001-02-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 422 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 5, 2001, at 5:30 P.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. Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag. Chairman Davis reported that Regular Agenda Item 8, consideration of funding for immediate development of a Criminal Justice software program, had been withdrawn from the agenda. APPROVAL OF CONSENT AGENDA Chairman Davis asked if any member of the Board would like to discuss or remove a Consent Agenda Item. Vice-Chairman Greer requested the Clerk to the Board to correct the word, inflated to deflated, on Page 2, Paragraph 6 of the Work Session held on January 18, 2001. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to approve the Consent Agenda items as presented with a correction to minutes of January 18, 2001 changing the word from inflated to deflated. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the following meetings as presented by the Clerk to the Board with a correction to the minutes of January 18, 2001 as requested by Vice-Chairman Greer: Work Session on Capital ProjectsJanuary 18, 2001 Regular MeetingJanuary 22, 2001 Approval to Waive the Tipping Fee for Keep America Beautiful “Operation Clean Sweep” The Commissioners approved waiver of the tipping fee for Keep America Beautiful’s “Operation Clean Sweep” scheduled for Saturday, February 17, 2001. Over 500 volunteers will work to remove the trash. Adoption of Resolution to Add Roads in Alamosa Subdivision and Newberry Subdivision to the N.C. State Highway System The Commissioners adopted a resolution to add roads in the Alamosa Subdivision and Newberry Subdivision to the N.C. Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 24. Adoption of Resolution to Award Contract #01-0164 to Sam English, LLC, to Replace Tubes in WASTEC’s Number Two Boiler The Commissioners adopted a resolution to award Contract #01-0164 to Sam English, LLC, the only responsive bidder, in the amount of $734,000 to replace tubes in WASTEC’s number two boiler. The Chairman was authorized to execute the necessary contract documents. This section of the number two boiler generates the majority of steam and is in need of replacement. After ten years of operation (the normal life expectancy of boiler tubes) the boiler is NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 423 beginning to experience a number of leaks in the tubes or steam pipes. Some areas in which the leaks are occurring are not accessible. Other areas of the boiler where the tubes connect to the system (headers) are in need of refurbishment. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 24. A copy of the contract is on file in the Legal Department. Approval of Budget Amendment #01-0113-Juvenile Crime Prevention The Commissioners approved the following budget amendment: BUDGET AMENDMENT #01-0113-Juvenile Crime Prevention ADJUSTMENTDEBITCREDIT Communities that Care Grant-GCC$6,807 Salaries$5,000 Auto Reimbursement$ 807 Travel and Training$1,000 Explanation: To reduce budget to actual amount of funds expected to be received from the Governor's Crime Commission. Approval of Budget Amendment #01-092A-Cooperative Extension Service The Commissioners approved the following budget amendment: BUDGET AMENDMENT #01-0092A-Cooperative Extension Service ADJUSTMENTDEBITCREDIT Cooperative Extension Service: In-Home Breast Feeding Support Program$53,151 Temporary Salaries$44,052 Training & Travel$ 6,409 Contracted Services$ 1,690 Departmental Supplies$ 1,000 Explanation: To reverse Budget Amendment No. 01-0092 for the In-Home Breast Feeding Support Program since the State will be administering the funds through the Raleigh office. Approval of Budget Amendment #2001-25-Sheriff’s Department The Commissioners approved the following budget amendment: BUDGET AMENDMENT #2001-25-Sheriff’s Department ADJUSTMENTDEBITCREDIT Federal Forfeited Property$16,245 Capital Project Expense$16,245 Explanation: To increase budget for additional revenue received 1999-2001. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Rejection of Contract Award for the Museum Stucco Project The Commissioners rejected and revoked the prior contract awarded on January 8, 2001 for NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 424 the Museum stucco project because the procurement process requires formal advertising under State law. PRESENTATION OF NEW HANOVER HUMAN RELATIONS COMMISSION 2000 ANNUAL REPORT Mr. Anthony Gentile, Jr., Chairperson of the New Hanover Human Relations Commission, reported that he was pleased to present the Annual Report and stated that the Human Relations Commission has orchestrated several initiatives throughout the year to enhance the quality of life for everyone by partnering with various agencies in the community. The Commission has addressed issues pertaining to the safety of the disabled, hard of hearing, and Hispanic community during weather emergencies, fair housing, and fair employment. Sexual Harassment Awareness Training Seminars have been provided by Staff to both the public and private sectors. In closing, Mr. Gentile expressed appreciation to the Board of County Commissioners for the support received and stated that the Commission looks forward to continued support of these efforts which make our community a better place to live. On behalf of the Board, Chairman Davis expressed appreciation to the members of the Human Relations Commission for the time and effort given to carry out these programs and assured them that the Board would continue to support the Commission. RECOGNITION OF CODY MCCLOE, HUMAN RELATIONS THEME WINNER On behalf of the Board, Chairman Davis congratulated and presented a plaque to Cody th “Peace is a McCloe, a 6 grader at D.C. Virgo Middle School, who provided the winning theme, Short Word that Goes a Long Way.” Mr. Cody McCloe expressed appreciation to the Board for the plaque, and he thanked his parents for teaching him that peace and harmony are the right way to live through life. A round of applause was given to Mr. McCloe. ADOPTION OF PROCLAMATION DECLARING FEBRUARY 2001 AS “HUMAN RELATIONS MONTH” Chairman Davis requested a motion to adopt a proclamation declaring February 2001 as Human Relations Month in New Hanover County. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adopt a proclamation declaring February 2001 as “Human Relations Month” in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Davis, on behalf of the Board, read and presented the proclamation to Mr. Anthony Gentile, Jr., Chairperson and Ms. Lethia Hankins, Vice-Chairperson of the Human Relations Commission. He encouraged the citizens to attend and support the activities planned for Human Relations Month in New Hanover County. Ms. Hankins expressed appreciation to the Board for the proclamation and stated that on behalf of the Human Relations Commission, she accepted the proclamation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXVI, Page 24. UPDATE ON CONVENTION CENTER DEVELOPMENT ACTIVITIES Mr. Dick McGraw, a member of the Convention Center Development Team, presented a revised copy of the report on the activities of the group. He reported that a feasibility study was conducted two years ago with the results indicating that the Wilmington market would support a convention center/hotel complex that would accommodate from 250 to 2,000 conventioneers. A survey was conducted of 48 state, regional, and national organizations with 78 % of these groups being interested in meeting in Wilmington and 66% interested in meeting in the downtown area. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 425 A Convention Center Development Team was appointed by the Mayor and charged with carrying out the necessary activities to fund and construct a convention center. The services of the Strategic Advisory Group, LLC, a convention center consulting firm, and an architect from Charlotte, North Carolina, were hired to identify sites. After searching for property, four sites have been identified on the river in the city limits that are large enough to accommodate a convention center and hotel. Once a site is selected, an agreement will have to be negotiated. The first phase of the construction project will consist of 117,000 square feet including support space. The second phase will begin when demand warrants that the convention center should be expanded to 184,500 square feet. Meetings have been held with the beach communities, state legislators, hotel owners, restaurant owners and private citizens to receive public input. More meetings will be scheduled in the future to secure support from these entities. Funding must be secured at the state and local levels. Once this is accomplished, an authority will be appointed to oversee the management and operation of a convention center. After a complete review of the project, the Convention Center Development Team feels the following benefits will be derived from constructing a convention center/hotel complex: •This project will be a true public/private partnership that acts as a catalyst for significant economic development along the coast. •The convention center/hotel complex will be a public/private joint venture requiring at least $25 million in private investment. •A $35 million public investment and an additional $65 million private investment on the same site will generate approximately $200 million of economic development along the river front and immediate area. •Local hotels, restaurants, retail establishments, etc. will receive $61 million in annual spending from the convention center. •Approximately 1,200 new jobs will be created with a total personal income projected at $21 million. •The convention center, itself, will employ 250 employees with an annual payroll of $4.275 million. •A convention center will showcase our area to groups that cannot meet in southeastern North Carolina such as the N. C. Bar Association, N. C. Association of Realtors, and N. C. Medical Society. •Eighty percent of the meetings at the convention center will occur during the shoulder season (fall, winter, spring). •The convention center location on the northern end of downtown Wilmington will serve as the catalyst for the extension of the downtown riverwalk and further development north of the central business district. •The convention center will provide needed diversification for our local economy and offset some of the negative publicity about our area due to recent storms. •The proposed 3% hotel tax and 1% prepared food and beverage tax funding option would place most of the funding burden on the tourists visiting the area. •Under the proposed 3% - 1% funding option, a portion of the hotel tax generated by the beach hotels would be returned to each beach community based on the point of sale. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 426 •The smaller size of the convention center hotel with only 250 rooms will provide a spillover to surrounding hotels in the area. •Seventy percent of the events held at the convention center will have 1,000 to 1,600 convention delegates. The average delegate will spend $178 per day on meals, rooms, shopping and entertainment. If New Hanover County does not move forward with constructing a convention center/hotel complex, another facility will be located in the region. The market will erode because competitors are improving facilities located at Myrtle Beach, Virginia Beach, Savannah, North Charleston, New Bern, and Carteret County. The Convention Center Development Team has researched and reviewed the following funding options: •Private funding would be the most desirable option, but this type of facility is not a money making business by itself. A convention center is a large box with empty space that is used only for conventions; therefore, private funding is not an option. •Consideration was given to increasing the sales tax by 1%, but most localities were not in favor of increasing the sales tax. •Consideration was given to increasing the City and County property tax rates, but no one was in favor of this option. •Consideration was given to using existing City and County general funds, but with budget shortfalls, this option is not available. •Consideration was given to using existing beach renourishment funds, which currently has a balance of approximately $17 million, but this option would require enabling legislation from the N. C. General Assembly and the beach communities were not in favor of this idea. •Consideration was given to implementing a 3% hotel room tax with or without a blinker; however, New Hanover County currently has a room occupancy tax of 3%. •Consideration was given to implementing a 1% convention center use fee on hotels, but this option would be a small revenue stream and require enabling legislation. •Consideration was given to applying for a City grant with payment over a period of time by the property tax revenue, but there are questions about the legality of this option. •Consideration was given to a property specific hotel tax rebate, but this option is illegal in the State of North Carolina. •Consideration was given to applying for State grants, but with the current budget shortfall, this option is not possible. •Consideration was given to implementing a 1% prepared food and beverage tax with or without a blinker. This would allow most of the tax to be collected with a majority of the tax paid by visitors instead of local residents. •Consideration was given to implementing a liquor tax, business license tax, taxi tax, and auto rental tax, but the revenue streams are extremely small. •Consideration was given to applying for federal grants, but HUD is not in favor of funding convention centers, and if the City decided to use existing urban renewal or block grants with these funds diverted to a convention center, this would mean diverting money from other planned capital improvements projects which would not be acceptable to the City. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 427 •Consideration has been given to naming rights. If a citizen would like to contribute a significant amount of money to the convention center, the facility could be named in honor of that person. • After a complete review of the options considered, the Convention Center Development Team recommends implementing an additional 3% hotel room tax coupled with a 1% prepared food and beverage tax with one or both having a blinker. This option would place most of the financing burden on tourists visiting the area instead of local residents. Two-thirds of the hotel tax would be returned to the beach communities based on the point of sale. In most public-private ventures, it is seldom that a “return on investment” can be addressed. In this case, the public funds needed to build and operate a convention center are approximately $3.5 million per year. Approximately $61 million per year in annual spending by conventioneers will produce $3.6 million in new sales tax revenue annually. The $60 million in private investment on restaurants, office space, and retail space will produce approximately $650,000 in new property taxes annually. The estimated 1,200 new jobs and businesses that produce those jobs will generate approximately $1.2 million annually in new state income tax. This means that a $3.5 million public investment will produce approximately $5.5 million per year in new state and local taxes collected. In concluding the presentation, Mr. McGraw stated that risks are always involved with building a convention center; however, with over 70% of groups surveyed saying they would come to Wilmington for a convention, there is very little risk, particularly when this percentage is higher than the number of people saying they would visit Disney World. With the proposed 3% additional hotel room tax and 1% prepared food and beverage tax, there will be sufficient revenue to serve as a safety measure if operating costs or debt service are more than projected. The greatest risk would be for the City and County to decide not to move forward with building a convention center/hotel complex. This decision would cause a loss in economic development, tourists revenue, city, county, and state tax revenue as well as the loss of 1,200 new jobs. It is a known fact that a convention center will be built somewhere on the coast. Mr. McGraw offered to answer any questions. Chairman Davis asked if any members of the Board would like to speak. Commissioner Caster asked if any consideration was given to combining this complex with other projects, such as a new baseball stadium. Mr. McGraw responded that no consideration was given to combining the convention center/hotel complex with other projects because this was not the charge given to the Convention Center Development Team by the City Council; however, two of the sites located on the river are large enough to accommodate a stadium. Commissioner Caster referenced the cost figures for the parking deck and noted that the land cost was unknown at this time. He requested an explanation. Mr. McGraw responded that in the feasibility study, the land cost was estimated at approximately $3 million; however, this was an estimate and the price could be more or less. When calculating the cost for the parking deck, it was estimated that each parking space would cost $15,000, which is quite expensive. If a site is selected that can accommodate surface parking, the cost would be significantly reduced. Commissioner Caster spoke in favor of the project if funding can be secured and stated with the political climate in the General Assembly, it will be difficult to obtain enabling legislation for the 1% prepared food and beverage tax. Mr. McGraw agreed and stated that the Development Team was aware of the challenges ahead with the members of the General Assembly. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 428 Chairman Davis asked if the reference to public funds was the 3% room occupancy tax and 1% prepared food and beverage tax, not the ad valorem tax paid by the citizens of New Hanover County. Mr. McGraw responded that New Hanover County was not being requested to contribute any of the ad valorem tax to the project. Chairman Davis requested Mr. McGraw to be sure that the public is informed that no ad valorem tax will be involved with the project. There being no further comments, Chairman Davis expressed appreciation to Mr. McGraw for the informative report. PRESENTATION ON ADMINISTRATION/ANNEX BUILDING CAPITAL PROJECT County Manager O’Neal reported that the Board was being requested to consider whether to move forward with constructing a three, six, or seven story Administration Building at the Library site located at the corner of Third and Grace Streets. At the joint meeting held on January 22, 2001 with the Wilmington City Council, discussion was held on keeping all services provided by the City and County in the downtown area with all buildings being located within one block creating a campus atmosphere. Since that joint meeting, Staff has reviewed adding a seventh story to the proposed Administration Building at a cost of $1.9 million. Discussion has occurred with the City Manager about the City of Wilmington being interested in purchasing the existing County Administration Building located at 320 Chestnut Street. At this point, it would be premature to say that any commitment has been made by the City. In closing, County Manager O’Neal spoke on the amount of time spent by Staff on the project, and he requested direction from the Board. Commissioner Caster requested County Manager O’Neal to explain how the tax rate will be impacted with construction of a three story or six story building. County Manager O’Neal explained that construction of a three story building would represent .5 cent on the property tax rate and the six story building would represent .8 cents on the tax rate. Commissioner Boseman asked if the building could be constructed without increasing the property tax rate. County Manager O’Neal responded that it would be difficult to move forward with on-going capital projects without increasing the tax rate. Vice-Chairman Greer reminded the Board of prioritizing capital projects at the Budget Retreat to keep the tax rate as low as possible and stated the construction of a new Administration Building was not included in the recommendation presented to the County Manager. Chairman Davis agreed with Vice-Chairman Greer and stated that the Board removed all capital projects other than those required and the County still owes over $7 million in debt service which represents four cents on the property tax rate. To approve new capital projects and increase the debt service creates a hardship on the taxpayers. There are many citizens in the county who cannot afford to pay more taxes, and these people must be considered when increasing the debt service. Commissioner Caster asked if the Board decided not to increase the tax rate or increased the tax rate for the cost of debt service for the schools and community college debt, how would Staff trim the budget to meet this request. County Manager O’Neal responded that it would be difficult for Staff to present a budget without a tax increase. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 429 Commissioner Caster commented on underestimated cost projections for Medicaid during the current fiscal year at $108 million and asked how New Hanover County will be affected by this shortfall in the current fiscal year and FY 2001-2002. County Manager O’Neal explained that Medicaid is an entitlement program and stated that figures from the State are used in preparing the budget. These expenses have increased because of the rising cost of medication and health care. It appears at this point, New Hanover County should not have a problem with Medicaid reimbursement for the remainder of the fiscal year; however, the estimated cost for FY 2001-2002 should increase. He stressed the importance of everyone understanding that New Hanover County has no control over these costs. There being no further discussion, Chairman Davis requested a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, not to proceed with construction of an Administration Building at this time. Commissioner Caster asked if the County Manager could find a way to construct the building without increasing the tax rate, would the Board support the project. Chairman Davis stated that he would consider constructing the building without a tax increase. Substitute Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to delay construction of the Administration Building until budget figures can be shown that the project will not require an increase in the property tax rate. Vice-Chairman Greer advised that in reality it would not be possible for the budget figures to show that a new Administration Building could be constructed without incurring additional debt. Commissioner Caster said if Staff could find some creative management of funds that would allow the building to be constructed without increasing the tax rate, he would not want to preclude this option. SUBSTITUTE MOTION. Upon vote, the Chairman Davis called for a vote on the MOTION CARRIED UNANIMOUSLY. COMMENTS FROM FRIENDS OF THE LIBRARY AND LIBRARY ADVISORY BOARD CONCERNING LIBRARY RENOVATIONS Library Director David Paynter expressed appreciation to the Board for giving the Library Advisory Board and Friends of the Library an opportunity to speak on the renovation. He informed the Board that during the past five years, discussion has occurred on the need to expand the Main Library to provide additional space for the book collection. The Main Library was designed for 20 th years of growth and in May 2001, the Library will celebrate its 20 Anniversary. Since this space is badly needed, the Library would like to assist by restructuring the fee schedule that will generate additional revenue annually of approximately $50,000 to $60,000. This revenue can be used to support the renovation project by paying 20% of the debt service. The Library Advisory Board will also be searching for grant opportunities. In concluding the presentation, Director Paynter advised that New Hanover County has an excellent library system and noted that the proposed project will enhance the quality of library th services to the community. With the Library celebrating its 100 Anniversary, which was spearheaded by the N. C. Sorosis in 1901, the renovation project would be a wonderful commemoration for this event. Mr. Robert Mayo, a member of the Library Advisory Board, reported that approximately 18 months ago, discussion was held on construction of a parking deck on the Library site. At that time, the Library Advisory Board and Friends of the Library were opposed to the project because of the negative impact on library patrons. As a result of numerous meetings and discussion with Staff, County Commissioners and architects, it was decided to proceed with improvements to the Library NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 430 that included the use of the vacant third floor. As the plans moved forward, opposition to the parking deck ceased because of the benefits that will be received from the proposed renovation. Since the parking deck project has been approved by the Board of County Commissioners, the Library Advisory Board is requesting the Board to approve the renovation so both projects can be included in the bid package, which should result in a lower price with firm bid prices. If the Board should decide not to approve the renovation project, the cost in the future will increase approximately 8-15% per year, and the Library operation would be disrupted two separate times. He advised that the citizens of New Hanover County are in favor of the project, and the Library Advisory Board feels that utilizing the vacant space on the third floor will greatly improve the quality of services and better serve the citizens. He requested the Board to approve the project. On behalf of 900 members of the Friends of the Library and 60,000 library cardholders, Mr. Bill Morrine, Vice-President of the Friends of the Library, expressed appreciation for an opportunity to speak. The Friends of the Library would like to assist with the proposed renovation since 2001 th is the 25 Anniversary of this group. With 500,000 patrons using the Library and over 340,000 volumes of books, the County Library System is the second busiest in the State of North Carolina. The Library System has been ranked the third best in North Carolina behind Chapel Hill and Southern Pines. During the past week, the Friends of the Library spent time with the Committee of 100 and discovered that one major criteria of an industry locating to an area is the quality of a public library. The community is fortunate to have an outstanding Library System. Mr. Morrine offered the following assistance from The Friends of the Library: •Target specific opportunities such as the children’s area and the local history room where the Friends of the Library members can become involved. •Underwrite funding raising activities and assist with grant writing. •Assist with unanticipated contingencies that could occur with the project. Mr. Donald Blake, representing the Genealogical Society of New Hanover County, reported that this organization was the area’s keeper of the records through collecting the history of the people. He stressed the importance of expanding the Library to provide an opportunity for students and citizens to access books. The citizens are in favor of this project because this facility can be used by the young, middle aged, seniors and disabled persons. In concluding the presentation, Mr. Blake stated that citizens of the community have shown their support for the Library System by the fund raising campaign for the Northeast Regional Branch Library. He urged the Board to approve funding for renovating the Main Library, which has been discussed for a number of years and is badly needed. Chairman Davis expressed appreciation to Mr. Mayo, Mr. Morrine, and Mr. Blake for their remarks. Commissioner Caster requested Staff to explain the components of the bid package for the Library site. Mr. Rick Collins, representing Sharpe Architects, responded that all drawings are completed and explained that the base bid will be the parking deck with the renovation of the Library as an alternative and the Administration Building as an alternative. The project can be approved with or without the alternatives. Commissioner Boseman asked if a few million dollars could be shaved off the Jail project. County Manager O’Neal responded that money could not be removed from the Jail project and stated that the projected debt service for the Library renovation is $305,000 annually with the first payment due in FY 2001-2002, which represents less than .25 of a cent on the tax rate. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 431 Commissioner Caster asked Library Director Paynter why the space needs were not taken into consideration when the Northeast Regional Branch Library was constructed, particularly with the amount of vacant space in the back of that building. Library Director Paynter responded that only 4,000 square feet of space in the Northeast Regional Branch Library are not being utilized at the present time. This space was reserved for a computer lab and two additional meeting rooms. He also noted that the Northeast Regional Branch Library was never intended to be a Main Library. With the local history collection, the Main Library should remain in the downtown area. Vice-Chairman Greer spoke on constructing the parking deck on the Library site and stated this was a give and take situation between the County and the Library. Since architect drawings have been completed, it would be more cost effective to move forward with renovating the third floor and connecting the parking deck at that level. He also stated that he felt some money could be shaved off the Jail project as well as the money allocated for furniture and fixtures in a new Administration Building. Motion: After speaking on the amount of support from the community for the project and the fact the Board has a choice of funding one project that is not mandated, Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to proceed with renovation of the third floor of the Main Library with a connector to the parking deck. Chairman Davis spoke in favor of shaving money off the Jail project and stated if money is saved, it should be used to offset the existing debt service, not for incurring new debt. He expressed appreciation to the members of the Library Advisory Board and the Friends of the Library for the work and effort given to support the Library System, but stated he had to consider the citizens who cannot continue to pay increased property taxes every year. Commissioner Caster agreed and stated that no new projects should be approved that will result in a tax increase. The Board has been unsuccessful in trying to obtain enabling legislation from the N. C. General Assembly to increase the Homestead Exemption or implement a one-cent local option sales tax. The taxpayers on the local level cannot continue to bear the burden. Vice-Chairman Greer expressed concern for the numerous items on the Consent Agenda where grants are submitted with a local match or a request to spend $734,000 to re-tube a boiler, with another boiler in need of the same work. These types of requests are routinely approved and thousands of dollars are being spent. The County is forced to build a new Jail and expand the Judicial Building, which requires a parking deck. The Board is being asked to fund one small renovation project for the Library which means a great deal to the community. Commissioner Boseman commented on being forced to construct a new Jail and stated to spend $50 million for this facility was not acceptable. She stated, for the record, she was opposed to the Jail project, but she was in favor of education and books. Substitute Motion: Commissioner Caster MOVED, SECONDED by Chairman Davis, to delay the project until budget figures can be shown that the Library renovation will not create an increase in the property tax rate. Upon vote, the MOTION FAILED by a 3 to2 vote as follows: Ayes:Commissioner Caster Chairman Davis Noes:Commissioner Boseman Commissioner Pritchett Vice-Chairman Greer Chairman Davis called for a vote on the original motion to proceed with the Library renovation project and connector to the parking deck. Upon vote, the MOTION CARRIED by a 3 to 2 vote as follows: NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 432 Ayes:Commissioner Boseman Commissioner Pritchett Vice-Chairman Greer Noes:Commissioner Caster Chairman Davis BREAK Chairman Davis called a break from 7:05 p.m. until 7:20 p.m. SECOND READING OF ORDINANCE LEVYING GROSS RECEIPTS TAX ON SHORT- TERM LEASE OR RENTAL OF MOTOR VEHICLES Chairman Davis reported that a resolution was presented to the Board on January 22, 2001 to adopt an Ordinance to levy a gross receipts tax on short-term lease or rental of motor vehicles. The Board approved the Ordinance by a 4 to 1 vote on January 22, 2001, which required a second reading of the Ordinance. Chairman Davis asked if anyone from the public would like to speak in favor or in opposition to the proposed Ordinance. After hearing no comments, he asked if any member of the Board would like to comment. After hearing no comments, Chairman Davis requested a motion. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Boseman, to adopt an Ordinance to levy a tax on gross receipts derived from retail short-term lease or rental of vehicles in New Hanover County to become effective March 1, 2001. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXVI, Page 24. The ordinance will be codified into the New Hanover County Code. PUBLIC HEARING TO SOLICIT PUBLIC COMMENTS CONCERNING GRANT APPLICATION FOR HURRICANE FLOYD CRISIS HOUSING ASSISTANCE FUNDS Chairman Davis opened the Public Hearing and explained that the purpose of the Public Hearing was to give interested persons a chance to voice their opinions on the subject of the grant application for the Hurricane Floyd Crisis Housing Assistance funds. He requested Planning Director Dexter Hayes to report on the program. Planning Director Hayes reported that New Hanover County is eligible to apply for funds to address unmet needs as a result of Hurricane Floyd. The eligibility guidelines to receive the funds are as follows: •Relocation assistance to persons whose primary residence is being acquired in a Hazard Mitigation Grant Program (HMCP) buyout. •Repair and rehabilitation grants for low income families. •Replacement housing grants for low income families. •Installation of infrastructure to new neighborhoods to serve new single-family houses. •Funds to hire or contract for an additional housing inspector and rehabilitation specialists. Discussion was held on the applications received. Planning Director Hayes explained that certain criteria had to be met before a person was eligible to receive a buyout from the County. He advised that 16 applicants were eligible for assistance. Once these properties are purchased, the land will be owned by New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 433 Commissioner Caster requested Planning Director Hayes to send him a copy of the list of applicants. Chairman Davis asked if anyone from the public would like to speak. Ms. Tricia Smith, a resident of Smith Creek Estates, reported on understanding that the deadline is February 16, 2001 and asked when the funds would be available since she had only 90 days to purchase another house. Planning Director Hayes explained that the February 16, 2001 deadline would not apply to Ms. Smith. The applications must be submitted to the State by March 9, 2001 and once funds are received, Staff will work with the applicants to find suitable housing. Ms. Grace Patterson, a resident of Candlewood Drive, reported that she was the first person to be bought out and asked if she had to wait for all of the applications to be approved before purchasing another home. Planning Director Hayes explained that once funds are received, Staff will work with the applicants in finding a home. There being no further comments, Chairman Davis closed the Public Hearing. Chairman Davis asked if any member of the Board would like to comment. There being no comments, Chairman Davis called for a motion. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to authorize the Chairman to sign and submit the grant applications to the N. C. Department of Commerce Division of Community Assistance and the N. C. Housing Finance Agency. 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 at 7: 25 P.M. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Davis reconvened to Regular Session at 7:40 P.M. NON-AGENDA ITEMS Chairman Davis announced that time had been reserved to allow anyone from the public to present an item. He requested all persons speaking to limit their remarks to three minutes. No comments were received. Discussion of Enforcement of the Litter Ordinance Vice-Chairman Greer commented on the need to better enforce the Litter Ordinance and he advised that a few years ago, two deputies were designated to serve as Litter Enforcement Officers. It appears at the present time only one officer is being assigned this task. He suggested writing a letter to the Sheriff requesting him to assign two officers to better enforce the Litter Ordinance. Commissioner Pritchett agreed with Vice-Chairman Greer and requested the Board to consider allowing the Litter Enforcement Officers to serve under the Department of Environmental Management to more efficiently manage litter enforcement. County Manager O’Neal advised that Staff would check into the enforcement issue and report back to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 434 Discussion of Dangerous Dogs Vice-Chairman Greer commented on the death of a young woman in California who had been attacked by two dangerous dogs and stated it would be tragic for a situation of this type to occur in New Hanover County. He suggested stricter enforcement of the County Ordinance governing dogs running at large. Discussion followed on the State’s Dangerous Dog law and the provisions of the New Hanover County Animal Control Ordinance that declare it to be unlawful for any owner of a dog or cat to allow it to run at large off the premises of its owner. Consensus: After further discussion, it was the consensus of the Board to request Vice-Chairman Greer, the Board’s representative on the Board of Health, to request the Board of Health to focus on enforcement of the County Ordinance by the Animal Control Officers. Vice-Chairman Greer noted that he would be glad to discuss this matter with the Board of Health. Discussion of Loud Radios in Cars Vice-Chairman Greer spoke on being awakened several times during the night with loud radios in cars passing by his home, and suggested asking the Sheriff’s Department to better enforce the Noise Ordinance. County Attorney Copley advised that she would be glad to write a letter to Sheriff Lanier requesting more stringent enforcement of Section 5 of the Noise Ordinance which deals with sound- magnifying devices or radios. Discussion of 2001 N. C. Governor’s Hurricane Conference to be held on March 11-14, 2001, Sea Trail Resort, Sunset Beach, N. C. Commissioner Caster asked County Manager O’Neal if all members of the Board should attend the Hurricane Conference. County Manager O’Neal responded that it was not necessary for every Commissioner to attend this event. He informed the Board that he and Emergency Management Director Dan Summers would be attending the conference plus representatives from many of the groups that participate in the Emergency Operations Center during hurricane events. Discussion of the Tour to Raleigh to Meet with the Legislators Commissioner Caster spoke on the success of the planned lunch with the legislators and members of the Cape Fear Regional Growth Team held in Raleigh, North Carolina. He advised that the legislators were very receptive to the needs of the County and seemed willing to meet with the N. C. Department of Transportation to discuss the 17 Bypass and Highway130 in Columbus County. Commissioner Pritchett suggested writing a letter of appreciation to the legislators for taking time to meet with them and discuss regional issues of importance. County Manager O’Neal offered to write the letter for the Chairman’s signature. Discussion of Enabling Legislation for Corning, Inc. to Build a Crosswalk Over Highway 132 North Commissioner Boseman asked if any action had been taken on obtaining legislation to allow Corning, Inc. to build the crosswalk over Highway 132 North. Commissioner Caster responded that N. C. Senator Patrick Ballantine had already introduced the bill. Announcement of Meeting Date for the Community Action Group nd Chairman Davis announced that the Community Action Group meets the 2 Monday of every month. He advised that the next meeting will be held on February 12, 2001 and stated he would not NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 28 REGULAR MEETING, FEBRUARY 5, 2001 PAGE 435 be able to attend the meeting. He requested one or two of the Commissioners to attend the meeting if at all possible. ADJOURNMENT There being no further business, Chairman Davis called for a motion to adjourn the meeting. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Greer, to adjourn the meeting. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Davis adjourned the meeting at 8:00 p.m. Respectfully Submitted, Lucie F. Harrell Clerk to the Board