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1998-02-16 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 324 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 16, 1998, 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: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Deputy County Manager, Andrew J. Atkinson, gave the invocation. Vice-Chairman Greer led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. Mr. Jim Medlin, representing the New Hanover Communities Coalition, reported in March 1997, the Board of County Commissioners adopted a resolution regarding the need to amend the State Annexation Law. A recommendation in the resolution was to request the N. C. General Assembly to appoint a committee to study the law. The Coalition appeared before the Annexation Committee last Thursday, and during the meeting, the Mayor of Winston-Salem and the Mayor of Thomasville spoke in opposition to the current annexation law and recommended changing the law to provide more input from the citizens being annexed. Also, the N. C. League of Municipalities indicated that some changes would be acceptable. The Coalition was requested to attend the next committee meeting scheduled on March 4, 1998. Hopefully, the Annexation Committee will see the need to change the current annexation law and make this recommendation to the General Assembly. In closing, Mr. Medlin passed out a copy of the booklet that was presented to the committee, and he requested the Commissioners to read the report. He, also, advised that the lawsuit challenging the City of Wilmington’s Phase I annexation had been placed on the docket for the N. C. Supreme Court to decide if the case should be heard. Appreciation was expressed to the Board for allowing the Coalition to present the status report. APPROVAL OF CONSENT AGENDA Vice-Chairman Greer requested removal of Consent Agenda 12 for further discussion. Chairman Caster requested the Clerk to listen to the tape to see if he made the following remarks, and if so, to include the comments into the record: (1) a statement noting that if the Northeast Branch Library Fund Raising Committee did not raise the $1 million for the project, he would recommend revisiting this issue; and (2) reflect that Commissioner Howell attended the Progressive Transportation Service reception when a Certificate of Appreciation was presented to Ms. Patricia Melvin. The Clerk to the Board advised she would be glad to check the tape and make the necessary changes. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to remove Consent Agenda Item 12 for further discussion, approve the minutes as corrected, and approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 325 CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Regular Meetings of January 20, 1998 and February 2, 1998 as presented and corrected by the Clerk to the Board. Acceptance of FEMA Disaster Resistant Community Grant Awarded to New Hanover County to Assist in the Disaster Resistant Community Initiative and Approval of Associated Budget Amendment #98-0119 The Commissioners accepted the FEMA Disaster Resistant Community grant award in the amount of $442,000 and approved the associated budget amendment. The funds will be used to conduct engineering studies and retro-fit a number of schools to provide for a safer shelter environment and help reduce the cost of damages to buildings under numerous disaster scenarios. Budget Amendment #98-0119 - Project Impact DebitCredit Project Impact FEMA-Disaster Resistant Community Grant $442,000 Contract Services $442,000 Purpose: To budget grant awarded to New Hanover County to assist in the Disaster Resistant Community Initiative. Adoption of Resolution to Award Bid #98-0237 and Approval of Contract #98-0237 to Purchase a Modular Building to be Used by the Alternative Education Program The Commissioners adopted a resolution to award the bid to Modular Technologies, Inc., the lowest responsible bidder, in the amount of $91,364 to purchase a modular building to be used by the Alternative Education Program. The program will be administered by the Community Boys and Girls Club, and funding from the Governor’s Crime Commission grant will be used to purchase the modular building with no county match. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 16. A copy of the contract is on file in the Legal Department. Authorization for the Parks Department to File a Grant Application to the North Carolina Parks and Recreation Trust Fund for Development of Facilities at Ogden Park The Commissioners authorized the Parks Department to file a grant application to the North Carolina Parks and Recreation Trust Fund in the amount of $250,000 contingent upon the County match not to exceed $25,000. If the grant is awarded, the funds will be used for the development of facilities at Ogden Park. The Chairman was authorized to execute the grant application, and the County Manager was authorized to accept the grant, if awarded, and approve the related budget amendment. Adoption of Resolution to Award Bid #98-0217 to PCS Sales for NOxOUT Reagent for the WASTEC Facility - Environmental Management Department The Commissioners adopted a resolution awarding the contract to PCS Sales to purchase NOxOUT Reagent for the WASTEC Facility at the per gallon price quoted with an estimated cost of $57,000 for the first year. The Chairman was authorized to execute the necessary contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 16. A copy of the contract is on file in the Legal Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 326 Adoption of Capital Project Ordinance for New Hanover County Schools and Approval of Associated Budget Amendment #98-31 The Commissioners adopted a Capital Project Ordinance and approved the associated budget amendment to establish the capital project budget for the $125 million bond referendum for New Hanover County Schools. A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 16. Budget Amendment #98-31 - New Hanover County Schools Debit Credit New Hanover County Schools $125 Million Capital Project Bond Proceeds$125,000,000 Capital Project Expense$125,000,000 Purpose: To establish project budget according to Capital Project Ordinance. Adoption of Capital Project Ordinance for Cape Fear Community College and Approval of Associated Budget Amendment #98-30 The Commissioners adopted the Capital Project Ordinance and approved the associated budget amendment to establish the budget for the $38.3 million bond referendum for Cape Fear Community College. A copy of the Capital Project Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit XXIV, Page 16. Budget Amendment #98-30 - Cape Fear Community College DebitCredit CFCC $38.3 Million Capital Project Bond Proceeds $38,300,000 Capital Project Expense $38,300,000 Purpose: To establish budget according to Capital Project Ordinance. Adoption of Resolution to Add Northeast Avenue to the State Highway System The Commissioners adopted a resolution to add Northeast Avenue to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 16. Release of Taxes Barred by NCGS 105-378 - Tax Department The Commissioners approved the release of the following 1987 charges pursuant to NCGS 105-378, which does not allow force collection of taxes after ten years from the due date: New Hanover County$122,797.75 Fire District 3,281.42 City of Wilmington 53,193.76 Wrightsville Beach 2,555.47 Carolina Beach 4,390.37 Kure Beach 943.24 Total$187,162.01 NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 327 Release of Value - Tax Department The Commissioners granted the following taxpayer the Senior Citizen/Disability Exclusion. The application and letter explaining late filing are available upon request in the Tax Department. Johnson, Greta B.$20,000 Acceptance of Tax Collection Reports Through January 31, 1998 The Commissioners accepted the New Hanover County and New Hanover County Fire District Tax Collection Reports through January 31, 1998, as presented by the Collector of Revenue, Patricia J. Raynor. Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 16. Appointments to the Home and Community Care Block Grant Committee The Commissioners appointed Reverend H. H. Parker and Nellie Parker to serve on the Home and Community Care Block Grant Committee as recommended by the Director of Aging, Annette Crumpton. Approval of Budget Amendment #98-0111 - Human Services Transportation DebitCredit Human Services Transportation Trans. Asst. (Elderly/Disabled) $26,389 Elderly$10,556 Disabled$15,833 Purpose: To increase budget for additional Elderly/Disabled assistance funds awarded to New Hanover County. Approval of Budget Amendment #98-0120 - Health/Family Planning - Health Department DebitCredit Health/Family Planning State Grant - Temporary Aid $28,374 to Needy families Temporary Salaries $ 4,017 Advertising 500 Departmental Supplies 22,857 Capital Outlay - Equipment 1,000 Purpose: To budget State grant (Temporary Assistance to Needy Families) to reduce the number of out-of-wedlock births. Approval of Budget Amendment #98-0121 - Emergency Management DebitCredit Emergency Management FEMA-Disaster Resistant Community $25,000 (Mitigation Summit) Contracted Services$25,000 Purpose: To increase budget for additional funds received for the Mitigation Summit held in December, 1997. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 328 DISCUSSION AND APPROVAL OF CONSENT AGENDA ITEM 12, AUTHORIZATION FOR THE COLLECTOR OF REVENUE TO ADVERTISE TAX LIENS ON REAL PROPERTY Vice-Chairman Greer requested the County Manager to see if the Tax Administrator could advertise on March 10 instead of March 11 to save money on the cost of advertising. County Manager O’Neal advised he would check with the Tax Administrator to be sure the date could be changed to March 10, 1998. Motion: After discussion of 1997 real estate accounts having to be paid by 5:00 P.M. on March 3, 1998, in order to avoid being listed in the advertisement, Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to authorize the Tax Administrator to publish tax liens on real property pursuant to NCGS 105-369 on March 10, 1998, if possible, so money can be saved on the cost of publication. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF NEW HANOVER COUNTY RETIREMENT PLAQUES Chairman Caster, on behalf of the Board, presented retirement plaques and expressed appreciation to each of the following County employees for their years of dedicated service to New Hanover County: Anthony Hobbs, Inspections Department22 years and 9 months Richard Gerrish, Department of Social Services28 years and 8 months Robert Smith, Property Management16 years and 2 months Ralph Shaw, Inspections Department20 years and 9 months A round of applause was given to the retired employees. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARDS County Manager O’Neal requested the following employees to step forward to receive service awards: Lora L. Howard, Department of Social Services5 years Harriet C. Page, Department of Social Services5 years Michele V. Surratt, Department of Social Services5 years Regina D. Randall, Health Department5 years Mildred G. Webb - Property Management10 years Patricia B. Wright - Environmental Management20 years Frank Demeter, Department of Social Services25 years Chairman Caster, on behalf of the Board, presented service awards and expressed appreciation to each County employee for their years of service. A round of applause was given to the County employees. PRESENTATION ON PROPOSAL TO STUDY THE NEED FOR A MUSIC PERFORMANCE CENTER IN DOWNTOWN WILMINGTON Mr. Don Fishero, presented an extract of documents that would be discussed, and reported when the St. John’s Museum of Art announced its plans to relocate, an opportunity was created for the City of Wilmington to establish a Community Arts Committee to study the needs of the arts community. The results of the study were as follows: (1)Improve the Greenfield Lake Amphitheatre (2)Improve the Community Arts Center at Second and Orange Streets NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 329 (3)Create an arts presence on North Fourth Street with renovation of St. Andrews Church and fitness center. (4)Create a music performance center in the downtown area. The report was accepted by the Wilmington City Council, and the same recommendations were presented in the Wilmington Downtown Plan: Vision 2020. Currently, the City is pursuing a grant in the amount of $250,000 to refurbish the Greenfield Lake Amphitheatre. A new heating and cooling system has been installed in the Community Arts Center, and this facility is in full use. The Historic Wilmington Foundation is working with the City on a project to stabilize the church on North Fourth Street. The construction of a music performance center has not been addressed. A group of concerned citizens has formed a committee to pursue the feasibility of a music performance center. After meeting twice, the committee decided to hold an open workshop in May with qualified professionals conducting the workshop to guide the group in the initial planning stages. The questions that need to be answered are as follows: (1) Should the center be only for music? (2) Should the center be for music and dance? (3) Is the community ready for a music performance center? (4) Is the time right, or should this idea be considered in the year 2000? A grant of $50,000 has been requested from the N. C. Department of Cultural Resources, and notification of the grant award should be received in the near future. The availability of money will determine how far the feasibility study can be professionally pursued. The members of the committee have contributed to sponsoring the workshop, and it appears that sufficient funds will be received. Chairman Caster asked how the $50,000 grant from the N. C. Department of Cultural Resources would be used? Mr. Fishero responded the grant funds would be used to pay for qualified professionals to assist with the feasibility study up through the solicitation of bids for an architect and provide instructions for holding a fund raising campaign. In closing, Mr. Fishero stated the letter was not forwarded to the Board of County Commissioners to request a $200 contribution to sponsor the workshop. The letter was sent to involve the Commissioners from the start so valuable input can be received from the Board. The project must be supported by the total community. If the community is not ready for a music performance center, the committee will accept this response. Commissioner Davis inquired as to how the members were selected to serve on the committee? Mr. Fishero responded there was no particular selection process; however, it was found that a number of people had an interest in the development of a music performance center. He advised the Arts Council of the Lower Cape Fear would serve as the fiscal agent because the committee was not organized under the 501.3C status; therefore, any funds or grants received will be issued to the Arts Council and retained in a restricted fund to be disbursed only for the music performance center project. Commissioner Birzenieks inquired as to whether any thought had been given to the size of the music performance center? Mr. Fishero advised that he serves as a trustee on the North Carolina Symphony Board. Currently, the Board is involved with constructing a music performance center in Raleigh that will NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 330 be comprised of 1,800 seats. A concert hall traditionally contains 1,600 to 2,000 seats in order to provide the acoustics needed for music. It is felt that a 2,000 seat music hall can be constructed in Wilmington for $12,000,000. The exact size of the center will be addressed in the feasibility study. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis , to contribute $200 to the Arts Council of the Lower Cape Fear to sponsor the workshop in May to assess the needs for a music performance center. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Fishero for the informative report. PROGRESS REPORT ON THE WILMINGTON FILM COMMISSION Mr. George Rountree, III, Chairman of the North Carolina’s Southeast Wilmington Regional Film Commission, reported the Regional Film Commission was under budget at this time. The Commission has been in the process of trying to become more finite in the economic impact as to the number of new jobs created by the film industry in Southeastern North Carolina. At the end of June 1997, the film industry had created 805 jobs. By the end of December 1997, this number increased to 926 jobs. The firm of McColl & Associates performed an excellent job in marketing the sale of ads for publication of the 1997-98 Film Directory. It is hoped the Commission will use the same firm for the 1998-99 directory. There is apprehension about the FY 1999 budget. The Wilmington Film Office needs a full time assistant at a cost of $30,000 to $40,000 annually. Funding is available in the current budget; however, there is no indication that the Wilmington Film Office will continue to receive money from the N. C. General Assembly. Since 1994, the General Assembly has reduced the budget for the Southeast Region each year with only $570,000 received in FY 1998. North Carolina’s Southeast is spending $1,200,000 with the difference coming from a substantial credit balance that has accumulated from prior years. At the end of this year, the credit balance will be modest. Efforts are being made to encourage the N. C. House and N. C. Senate to more equitably fund the various film regions. The Southeast Region is the only region receiving less than $1,000,000. If film activities are to continue, the North Carolina’s Southeast must receive $1,000,000 of funding annually. A white paper has been prepared to support the region. One negative issue in the General Assembly is the fact that many of the legislators are from Charlotte and the Research Triangle Park area. Each of these regions receives a substantial amount of private money; therefore, the funding for these areas far exceeds $1,000,000 annually. The Northeast Region and West Region receive more than $1,000,000 compared to the $570,000 received by the Southeast Region. The formula used for funding the film regions is gaged upon industry recruitment. The Southeast Region has not been as successful as other parts of the state in recruiting industry. Other components of the formula are population and the number of counties in a region. The Southeast Region has the least population and number of counties. It is hoped that the General Assembly will see fit to give each region a minimum of $1,000,000. If funding is received in this amount, there will be no problem with the 1999 budget. In closing, Mr. Rountree stated he felt the Board should be informed about the budget status before the County prepares its 1998-99 Budget. Chairman Caster asked if it would be appropriate for the Commissioners to write a letter to the local legislative delegation? Mr. Rountree recommended that each Commissioner personally contact the local legislators to seek support for the $1,000,000 funding appropriation to continue to enhance the film industry in the Southeast Region. Commissioner Birzenieks complimented Mr. Rountree for his excellent work with the Film Commission and for other services rendered to the community. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 331 Chairman Caster, on behalf of the Board, expressed appreciation to Mr. Rountree for taking time to present the informative report. ADOPTION OF COMMUNITY CRIME TASK FORCE RESOLUTION Chairman Caster commented on the resolution and suggested that a clause be added to allow the Task Force to address other issues. Commissioner Birzenieks suggested adding Section 5 to allow the Task Force to address any other pertinent issues. Commissioner Davis spoke on the composition of the Task Force and noted that no representatives directly connected to law enforcement had been appointed to serve on the group. Emphasis was placed on the need to receive input from the District Attorney, Wilmington Police Chief, New Hanover County Sheriff and law enforcement representatives from the beach communities in order for the Task Force to understand the problems being experienced with violent crime from all aspects of law enforcement. Chairman Caster agreed and reported before the Task Force was formed, the Sheriff, Wilmington Police Chief and District Attorney were involved in the initial process and have agreed to serve as resource persons for the group. After discussion with the Mayors, it was felt the Task Force should not be overloaded with representatives from law enforcement. Commissioner Birzenieks requested the involvement of Dr. Bill Atkinson, President/CEO of the Medical Center, because of his knowledge and expertise in fighting and preventing violent crime. Discussion followed on when the Community Crime Task Force should complete its report. County Manager O’Neal advised the short session of the General Assembly convenes on May 11, 1998; therefore, it would be beneficial to have a report no later than May 15, 1998. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to adopt the resolution with the addition of Section 5 to allow the Community Crime Task Force to review and address any other pertinent issues related to illegal drugs and crime. 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 XXIV, Page 16. BREAK Chairman Caster called a break from 9:50 A.M. until 10:10 A.M. PRESENTATION ON MEASURES BEING TAKEN TO SAVE THE SHELL ISLAND RESORT Mr. Ken Shanklin, the attorney representing the Shell Island Resort Homeowners Association, expressed appreciation to the Board for the past support given to save the Shell Island Resort. He advised he was not appearing before the Board to request money, seek endorsement of legal concepts, or request New Hanover County to join in the lawsuit filed against the State of North Carolina, Coastal Resources Commission and N. C. Department of Environment and Natural Resources. The Board was being requested to adopt a resolution to support the efforts to save the building being made by the Shell Island Homeowners Association. To allow this structure to fall in the ocean would be a great loss of tax revenue and tragic for the homeowners. If the lawsuit fails, the clean up costs will be excessive and there will be environmental consequences. Bricks, wires, concrete, fiber glass, carpet and other debris will fall into the water and be scattered along the entire beach. In closing, Attorney Shanklin advised the homeowners intend to pursue the lawsuit and fight the necessary battle to save the Shell Island Resort building. He requested the Board to adopt the proposed resolution. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 332 Mr. Charles Casteen, a member of the Board of Directors of the Shell Island Resort Homeowners Association, expressed appreciation for the support given by the County when appearing before the Coastal Resources Commission. He advised that Assistant County Manager, Dave Weaver, made an excellent presentation. Mr. Casteen spoke on being born and raised in Wilmington 72 years ago, and stated after retiring, he returned to New Hanover County because he had a financial opportunity to purchase a unit at the Shell Island Resort. At that time, the inlet was a mile away, and no one could have imagined the erosion that has occurred because of Mason’s Inlet. There was no notification on the deeds regarding the erosion pattern of the inlet, and no one was informed about the potential risk of living on the northern end of the beach. In closing, Mr. Casteen stated the homeowners are desperately trying to save the building. Any support given by the Board of County Commissioners will be beneficial in promoting these efforts. Discussion followed on the conditions of the lawsuit. Attorney Shanklin advised the lawsuit was based upon the composition, nomination, and selection process of members to serve on the Coastal Resources Commission being unconstitutional. Also, the interpretation and application of CAMA regulations are part of the lawsuit. The majority of the complaint focuses on measures to save the building. The homeowners had the choice of filing the lawsuit to save the building, or doing nothing and allowing the building to fall in the ocean and then sue the State for losses. Commissioner Birzenieks asked if the proposed resolution would be meaningful since the County will not be a party to the lawsuit or contribute financially to save the building? Attorney Shanklin responded a resolution of support from the Board of County Commissioners would greatly enhance the efforts being made to save the building. Commissioner Howell commented on public opposition to placement of a hardened structure at Shell Island because of concern about downstream beach erosion in surrounding areas, and he requested Attorney Shanklin to comment on this issue. Attorney Shanklin responded the homeowners tried to work with Figure Eight Island to financially pay for dredging Mason’s Inlet to correct the problem. Time and money were spent to acquire an easement across Hutaff Beach to the north. Numerous meetings were held to obtain the easement; however, all efforts failed. This resulted in negating the dredging project because the Shell Island Homeowners Association does not have authority to condemn land to obtain an easement. As a result, the lawsuit was filed. If the building is to be saved permanently, an inlet training device will have to be placed at Shell Island to keep the inlet stationary. These devices have been used along the eastern seaboard, and no problems have been experienced with downstream erosion. A lengthy discussion followed on the mapping error made in the location of the dredging project behind Figure Eight Island and the governmental entities involved in the construction permitting process. Attorney Shanklin explained that authorization from the N. C. Division of Coastal Management and Corps of Engineers was received by Figure Eight Island for dredging of the area. On May 25, 1984, a CAMA minor permit was issued to the North Shell Island Development Corporation for construction of the Shell Island Resort. This permit should not have been issued because of a mapping error that occurred on the official state map dated September 1984 delineating the inlet hazard area. This error resulted in construction of the building in the inlet hazard area. The mapping error was not discovered until August 1996; however, the Town of Wrightsville Beach had already issued the necessary building permits and the Shell Island Resort was constructed and occupied by August 1986. Assistant County Manager, Dave Weaver, reported the official state map in Raleigh, North Carolina showed the correct location of the inlet hazard area; however, an employee in the state office incorrectly placed the inlet hazard area line on the map that was forwarded to the Town of Wrightsville Beach. This map was used for the permitting process. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 333 Vice-Chairman Greer commented on the importance of protecting our beaches and stated the logical decision would be to preserve the building. If this structure falls into the ocean, debris could wash ashore for miles. The County is in the stage of development where structures must be protected, and if there is scientific knowledge to arrange inlets to remain stationary, it would be prudent to use this type of device in lieu of allowing structures to wash away. He spoke in favor of endorsing the idea of saving the building and stated a simple solution would have been to dig another inlet in its original location. Attorney Shanklin agreed and stated if the Hutaff easement could have been obtained, the dredging could have occurred. He advised the only entity that has authority to condemn the property is the State of North Carolina. Commissioner Birzenieks stressed the importance of accountability by the State government for its action and stated because of a bureaucratic error, the building was constructed in the wrong location. Attorney Shanklin agreed with Commissioner Birzenieks and stated the lawsuit against the State will be pursued to the end. Commissioner Davis reported the Shell Island Resort Homeowners Association was not asking the County to become a part of the lawsuit; however, if the proposed resolution is adopted, it will appear that New Hanover County is taking sides with the property owners against the State of North Carolina. He stated, for the record, he could not take a stance against the State. Also, it is the responsibility of the Board of County Commissioners to represent all taxpayers. Many calls have been received from concerned citizens who do not feel the Board should support a special interest group. Ms. Janie Pichon, a resident of Wrightsville Beach, sympathized with the Shell Island Resort property owners, but stated two wrongs do not make a right. To place a hardened structure to stop the water and direct it in another direction would be wrong. She urged the Board not to support this type of approach. Mr. Terry Carter, a mechanic and concerned citizen, stated after reading the article in the paper on Saturday, he decided to attend the meeting and express his opinions. When looking at the words, Shell Island Resort, the word island is present and the action of Mother Nature cannot be controlled. It was upsetting to read that the Shell Island Homeowners Association had filed a lawsuit against the State of North Carolina. All governments, local, state, and federal spend money, but the citizens pay taxes to finance those governments. The $26.5 million lawsuit has been filed because they were allowed to construct the building in a non-suitable location. The citizens will pay the bill because taxpayers’ money will be used by the State and Courts to hear the lawsuit. If the County supports this effort, what will happen if a home at Kure Beach or Carolina Beach falls in the water? Will the State or County be required to clean up the debris? Vice-Chairman Greer responded that if his home fell into the water, he would not have sufficient collateral for a loan or enough money to cleanup the debris; consequently, he would probably walk away from the site. In his opinion, the Shell Island Resort Homeowners Association is willing to pay the money necessary to save the building, and consideration should be given by the State for them to try the device recommended. Commissioner Birzenieks spoke in support of encouraging the State to take reasonable and appropriate steps to save the building. He advised he was not qualified to comment on the technical aspects of the proposed resolution; however, the Board may wish to consider writing a letter to State officials requesting them to take reasonable and appropriate measures to save the structure. Consensus: After further discussion, it was the consensus of the Board to defer action on the request and draft a letter to the Governor, N. C. Department of Environment & Natural Resources, and Coastal Resources Commission requesting them to take all reasonable and appropriate measures to save the Shell Island Resort building. The letter will be placed on the March 9, 1998, agenda for review by the Commissioners. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 334 FIRST MEETING OF THE 1998 BOARD OF EQUALIZATION AND REVIEW SCHEDULED FOR APRIL 20, 1998 Tax Administrator, Roland Register, requested the Board to schedule the first meeting of the Board of Equalization and Review on April 20, 1998, at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, to receive appeals from persons who wish to appear before the Board of Equalization and Review. Motion: Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks, to sit as the Board of Equalization and Review and schedule the first meeting on April 20, 1998, at 9:00 A.M. to receive appeals. Upon vote, the MOTION CARRIED UNANIMOUSLY. SELECTION OF BONEY ARCHITECTS, INC. AS THE SITE PLANNER FOR THE PILOTS RIDGE SCHOOL/PARK PROJECT Vice-Chairman Greer advised that Commissioner Howell and he served on the Pre-Selection Committee. He reported after a review of proposals received, the Committee recommended selection of Boney Architects as the site planner. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to select Boney Architects, Inc. as the site planner for the Pilots Ridge School/Park project and authorize the Pre- Selection Committee to negotiate a contract. The contract will be placed on the agenda for final approval by the Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENTS TO THE HUMAN SERVICES ALLOCATION ADVISORY COMMITTEE Chairman Caster advised that Mr. Richard L. Achilles, Chairman of the Human Services Allocation Advisory Committee, had called and suggested reducing the membership on the committee. He requested the Budget Director, Cam Griffin, to comment on this issue. Budget Director Griffin reported when the Advisory Committee was originally established, an effort was made to appoint representatives from the human services agencies as well as public at- large positions. The membership increased to thirteen (13) when the Chief Juvenile Court Counselor and another position were added. In reviewing funding requests, valuable input has been received from each organization’s representative, such as the United Way, Department of Social Services, Health Department, Southeastern Center, New Hanover County Schools and Juvenile Courts. Concern was expressed for reducing these positions. Consensus: After further discussion, it was the consensus of the Board to allow the membership to remain unchanged. Chairman Caster announced that three vacancies needed to be filled on the Human Services Allocation Advisory Committee. He advised that five applications had been received, and he opened the floor to receive nominations. Commissioner Birzenieks nominated William K. Wade. Commissioner Davis seconded the nomination. There being no further nominations, Chairman Caster declared the nominations closed. Vote: Upon vote, the BOARD VOTED UNANIMOUSLY to appoint William K. Wade to serve a three-year term on the Human Services Allocation Advisory Committee. The term will expire June 30, 2001. Discussion followed on the importance of appointing well-qualified persons to serve on the various boards and committees. Chairman Caster recommended deferring appointments when the Board is not familiar with the applicants or an insufficient number of applications have been received. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 335 Consensus: After further discussion, it was the consensus of the Board to defer action on the remaining appointments to the Human Services Allocation Advisory Committee and request the Clerk to Board to re-advertise the vacancies. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 11:14 A.M. until 11:31 A.M. to hold a regular meeting of the New Hanover County Water and Sewer District. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Resolution to Authorize the County Manager to Execute FEMA Documents Chairman Caster advised that staff had prepared a resolution for the County Manager to execute documents dealing with FEMA applications. He requested direction from the Board. Vice-Chairman Greer spoke in favor of continuing to allow the Chairman to execute the FEMA documents because he was the elected official responsible for signing documents. After further discussion, NO ACTION WAS TAKEN. The Chairman will continue to execute the FEMA documents. Appointment of James N. Hunter to Serve on the City-County Comprehensive Steering Committee Chairman Caster reported at the last meeting, Commissioner Howell was requested to seek a qualified person to serve as the County representative on the City-County Comprehensive Steering Committee. He requested Commissioner Howell to comment. Commissioner Howell recommended the appointment of James N. Hunter because of his experience with planning and construction. Motion: Commissioner Howell MOVED, SECONDED by Chairman Caster to appoint James N. Hunter to serve as the County representative on the City-County Comprehensive Steering Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. Discussion of Holding an Anti-Litter Project in New Hanover County Vice-Chairman Greer announced that he had discussed holding a one or two day anti-litter project to emphasize the importance of people not littering in New Hanover County. Ms. Nancy Pritchett, Director of Keep American Beautiful, would like to sponsor the project. He requested authorization to discuss this idea with the Sheriff and report back to the Board. Consensus: It was the consensus of the Board to authorize Vice-Chairman Greer to work with the Sheriff and the Director of Keep America Beautiful to investigate the possibility of holding an anti- litter project in New Hanover County. Human Relations Presentation to be Made to the Town of Kure Beach Commissioner Birzenieks reported that Mr. Anthony Wade, Director of Human Relations, and he would be attending a Kure Beach Town Council meeting to encourage the Town Council to become a member of the Human Relations Commission. He commented on the successful presentation made to the Wrightsville Beach Board of Aldermen and stated hopefully the Kure Beach Town Council would decide to become a member of the Commission. Report on Tours of DC Virgo and Winter Park Schools Commissioner Birzenieks reported on touring DC Virgo School and stated he was very impressed with the operation and maintenance of the school. The principal, Dr. Russell Simmons, and the young student who provided the tour were excellent. He stated, if Virgo can have a clean and neat school with toilet tissue in the bathrooms, the other schools should be able to do the same. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 336 Commissioner Birzenieks advised that Winter Park School was in excellent condition and stated he enjoyed the tour and seeing the children at work. Chairman Caster expressed appreciation to Commissioner Birzenieks for the report and stated the comments were refreshing to hear. Discussion of Letter Received From the Chairman of the Board of Education Concerning the Pilots Ridge Project Chairman Caster referenced the letter received from the Chairman of the Board of Education concerning the Pilots Ridge Project, and he requested the County Manager to meet with him to discuss the terms and conditions of the agreement. County Manager O’Neal responded that he had read the letter and was satisfied with the agreement. A proposed contract for the Pilots Ridge Project has been mailed to the Superintendent of Schools for review. Once a response is received, the contract will be presented to the Board of County Commissioners. Discussion of Scheduling a Joint Meeting with the New Hanover County Board of Education Chairman Caster commented on the need to reschedule the joint meeting with the Board of Education, and he asked County Manager O’Neal if another date had been selected? County Manager O’Neal responded that his office was in the process of trying to select a date that would be convenient for the Board of Education and County Commissioners. Once some dates are identified, the Board will be contacted. Discussion on Assignment of County Commissioners to Meet with Members of the Chamber of Commerce Local Governmental Affairs Committee Chairman Caster advised that a letter had been received from the Chamber of Commerce regarding each County Commissioner being paired with a member or two of the Local Governmental Affairs Committee to meet occasionally and discuss local issues. He presented the following list: ? Commissioner Davis paired with Mr. Bob Martenis ? Vice-Chairman Greer paired with Donna Girardot and John Allen. ? Commissioner Birzenieks paired with Diane Avery and Judy O’Neal. ? Commissioner Howell paired with Laura Qualitza and Paul Knott. Consensus: It was the consensus of the Board to agree with the list presented. Arrival of the Time Warner C-Span School Bus Chairman Caster announced the Time Warner C-Span School Bus will arrive on the UNCW campus on Friday, February 20, 1998, from 2:00 P.M. until 4:00 P.M. The Commissioners are invited to tour the bus and hear a special presentation about the public service network. He advised he would not be able to attend the event; however, if any of the Commissioners would like to attend, they should RSVP to Time Warner. Discussion of Resolution from Forsyth County Concerning the Use of Public Funds for Incentives to Attract Economic Development Chairman Caster reported that a resolution had been received from Forsyth County requesting the New Hanover County Board of Commissioners to adopt a similar resolution that would oppose the use of public money to pay incentives to attract new businesses or to facilitate expansion of existing businesses. He requested direction from the Board. No action was taken. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 337 Discussion of Resolutions Received from DARE Chairman Caster advised that two resolutions had been received from DARE regarding downtown development. He requested direction from the Board. County Manager O’Neal noted the resolutions were premature because the final report on the Vision 2020 Plan had not been completed. He recommended deferring action on the resolutions until the report is received. Consensus: It was the consensus of the Board to defer action on the resolutions. Reminder of Work Session Scheduled for March 5, 1998 to Discuss the Disaster Recovery Initiative Grant from the U. S. Department of Housing and Urban Development Chairman Caster reminded the Board of the Work Session scheduled for March 5, 1998, 10:00 A.M., Room 501, in the County Administration Building to discuss eligible projects for use of the HUD $1.8 million recovery initiative grant. Discussion of Letter Received from Mr. Kevin M. FitzGerald, Director of the N. C. Division of Social Services Chairman Caster commented on the letter received from Mr. Kevin M. FitzGerald, Director of the N. C. Division of Social Services, regarding the positions needed for child protective services, and he requested staff to explain the funding available for the positions. Deputy County Manager, Andrew J. Atkinson, advised that state and federal funds were appropriated to pay for the positions with a 25% local share. The Department of Social Services can cover the cost for the additional positions for the remainder of FY 1997-98. Vice-Chairman Greer read from a legislative document which stated that $1.3 million was appropriated by the General Assembly for FY 1997-98 and $1.3 million for FY 1998-99 for child protective services, foster care, and adoption worker positions based on a formula which considers the number of services, foster care, and adoption workers necessary to meet the recommended standards adopted by the N. C. Association of County Directors of Social Services. No local match shall be required as a condition for receipt of the funds. Vice-Chairman Greer stated if the state and federal governments are going to fund the sixteen (16) positions requested by the Department of Social Services, he would not have a problem with approving the remaining six (6) Social Worker III positions and two (2) Social Worker Supervisor positions. County Manager O’Neal reported this item would be placed on the agenda for March 9, 1998, with a complete explanation of funding for the positions. Commissioner Davis requested staff to invite Mr. Kevin M. FitzGerald to attend the meeting on March 9, 1998 so he could respond to some questions. Consensus: It was the consensus of the Board to direct the County Manager to invite Mr. FitzGerald to attend the meeting on March 9, 1998. ADDITIONAL ITEMS - COUNTY MANAGER Action Deferred on Funding Request from the Cape Fear Coast Convention and Visitors Bureau for Marketing New Air Service from Wilmington N. C. to Washington, D. C. County Manager O’Neal reported the Cape Fear Coast Convention & Visitors Bureau has requested the County to provide $2,500 to promote the new air service from Wilmington, N. C. to Washington, D. C. The Chamber of Commerce and City of Wilmington will be requested to make contributions. If the Board approves the request, the funds will be appropriated from contingencies. Motion: Commissioner Birzenieks MOVED to transfer $2,500 from contingencies to the Convention and Visitors Bureau to be used for promotion of the new air service from Wilmington, N. C. to Washington, D. C. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, FEBRUARY 16, 1998PAGE 338 Chairman Caster stated he felt a request of this type should be placed on the regular agenda. Motion Withdrawn: Commissioner Birzenieks WITHDREW THE MOTION. County Manager O’Neal advised this item would be placed on the March 9, 1998, agenda. Discussion of New Agenda Format County Manager O’Neal commented on the new agenda format, and he requested the Board to review the format and feel free to make suggestions or changes. Discussion of Contract with BMS Architects to Perform a Space Study County Manager O’Neal reported discussion was held at the retreat about contracting with BMS Architects to perform a space study. He requested the Board to formally approve authorization for him to proceed to negotiate a contract. Consensus: It was the consensus of the Board to authorize the County Manager to proceed to negotiate a contract with BMS Architects to perform a space study. Discussion of Falcon Cable Rate Increases Chairman Caster asked if the Board needed to take action on the Falcon Cable rate increases? County Attorney Copley reported the FCC allows cable companies to raise rates annually. She advised the letter was forwarded for informational purposes. Discussion followed on scheduling another meeting with Pender County Commissioner, Carolyn Justice, to determine if Falcon Cable had fulfilled its compliance obligations. County Attorney Copley stated that a meeting was to be held in February; however, no notification has been received from Commissioner Justice. Chairman Caster commented on seeing Commissioner Justice last week and stated she would be calling to schedule another meeting in the near future. ADJOURNMENT Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis, to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11:55 A.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board