Loading...
1998-04-20 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 405 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 20, 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 Clerk to the Board, Lucie F. Harrell, 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. Discussion of Noise Ordinance Mr. Mark Keating, a resident of 300 Butterfly Court, expressed concern about the recent location of a skate board park in Dutch Square that had been placed directly behind his house. The hours of operation are from noon to 10:00 p.m. on week days and noon to midnight or later on weekends. The noise is intolerable. Discussion has been held with the County Attorney, and it was found that the Noise Ordinance did not provide adequate protection because the decibel measure did not exceed the acceptable level in a light industrial zoning district. Also, discussion has been held with the landlord and tenant that owns the business with no success. The residents in the Wildflower Subdivision are concerned about the noise and devaluation of property. In closing, Mr. Keating stated he believed that an equitable solution could be found that would satisfy all parties involved. He advised the purpose of attending the meeting was to create an awareness of the problem and request the Board to assist the neighborhood in resolving this issue. Chairman Caster advised that he had visited the facility after discussing the issue with Mr. Keating. He talked to the owner who informed him that an insulated door had been installed on the side of the park facing the Keating residence, and strips of carpet would be placed under the skate board ramps to better control the noise. County Attorney Copley reported since the skate board facility is located in an industrial light zoning district, the decibels allowed under the Noise Ordinance are higher than in a residential area. Unfortunately, the law clearly states if the nuisance was in existence and persons moved close to the nuisance, there is no recourse in court. In this case, the subdivision was developed after the adjacent property had been rezoned for industrial light use. Mr. Keating stated he was aware of the adjacent industrial park zoning when he purchased his home; however, no problems have been experienced with noise until the skate board park was opened. He, again, stated he felt an equitable solution could be found to resolve the problem. Chairman Caster requested staff to work with Mr. Keating in trying to resolve this issue. APPROVAL OF CONSENT AGENDA Discussion followed on the following items: Consent Agenda Item 2: Commissioner Davis asked if the Board was being requested to approve only the Human Services Allocation Advisory Committee funding recommendations for use of the Community Based Alternatives funds received from the State in the amount of $302,173? NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 406 County Manager O’Neal advised this was correct. The funding recommended by the Human Services Allocation Advisory Committee for outside agencies would be discussed and approved during the budget process. Vice-Chairman Greer requested an explanation of the figures used at the beginning of FY 1997-98? Budget Director, Cam Griffin, advised the only change made this year was the switch in funding for Coastal Horizons from Community Based Alternatives funding to the general fund. Also, an additional $23,000 was received from the State for restitution and an additional $46,000 will be received in FY 1998-99. Consent Agenda Item 4: Commissioner Davis asked if the vehicles and king cab pickup truck would be purchased entirely from federal seizure funds? County Manager O’Neal advised this was correct. Consent Agenda Item 10: Commissioner Davis advised the Board was being asked to approve $90,950 to upgrade the computer system at the Department of Social Services. The disk storage upgrade will cost $39,659, which has already been budgeted, and the remaining $60,000 will come from capital outlay. He requested an explanation of the funding source. County Manager O’Neal responded the $60,000 would come from contingencies. Commissioner Davis asked if the salary lag money from the Department of Social Services would be returned to New Hanover County? County Manager O’Neal responded the county salary lag money would be returned to the general fund. Consent Agenda Item 13: Vice-Chairman Greer expressed concern for the large percentage of increase in some of the fees and requested staff to explain if this action was necessary. Fire Marshal, Phil Kouwe, reported the department has studied the amount of time required to make inspections. The original fee schedule was established when New Hanover County adopted the fire code. After use of this schedule for a number of years, the study indicated that fees needed to be increased to cover the cost of inspections. Comparisons were made with similar counties throughout the State, and the increased fees are in order. Discussion followed on when a Certificate of Occupancy is issued. Fire Marshal Kouwe advised the Certificate of Occupancy is performed in conjunction with the Inspections Department on a new or renovated building. This is the final inspection to be sure that all fire regulations have been followed. If there is a certified alarm system, a monitored test is required. Each inspection covers a different area. There is no base fee because all buildings do not require a sprinkler system or plan review. The owner of the building is charged only for the inspections required for that particular building to comply to the fire code. Vice-Chairman Greer requested Commissioner Howell to comment since he was the Commissioners’ representative on the Board of Fire Commissioners. Commissioner Howell advised that he was not involved with fire inspections; however, in his opinion, it would be time consuming to inspect a large industrial plant. Vice-Chairman Greer asked if he constructed a building and paid the necessary inspection fees, why should he have to pay an additional $35 to see if exit signs have been properly installed? In his opinion, this inspection should be done by the building inspector before the Certificate of Occupancy is issued. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 407 Fire Marshal Kouwe advised that building inspectors are qualified and trained to perform certain aspects of code enforcement; however, a specific certification is required by the State to perform fire code inspections. There are occasions where fire inspectors have to perform a final occupancy inspection when a building inspector is not required because no major change was made to the structure of the building. This occurs when the occupancy changes and the use falls under a different category in the fire code, such as additional exit signs or emergency lighting. Assistant County Manager Weaver noted that staff has reviewed the possibility of cross- training building inspectors to perform fire code inspections; however, with the complexity of both codes, it has become difficult to cross-train employees. Consent Agenda Item 19: Chairman Caster advised the changes in the resolution for removal of locks and dams along the Cape Fear River were minimal. After discussing this issue with a professor from UNCW, he was informed that removal of the lock and dam system could upset the ecology; therefore, this should be a slow process, which is outlined in the resolution. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to adopt the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Joint Meeting with Board of Education -March 19, 1998 Regular Meeting -April 7, 1998 Approval of FY 1998-99 Community Based Alternatives Funding Recommendations as Submitted by the Human Services Allocations Advisory Committee The Commissioners approved the following FY 1998-99 Community Based Alternatives funding recommendations as presented by the Human Services Allocation Advisory Committee: Juvenile Psychological Services$ 60,619 Child Advocacy Commission - First Stop$ 19,000 Child Advocacy Commission - Restitution$ 84,000 Group Homes (DSS)$128,304 Institute for Family Centered Services$ 10,000 Administration$ 250 Approval and Acceptance of Additional Title III Health Promotion Monies from the N. C. Division of Aging and Approval of Associated Budget Amendment #98-0159 - Department of Aging The Commissioners approved and accepted additional Title III Health Grant funding in the amount of $1,133 from the N. C. Division of Aging with a local match of $199. The funding will be used to support health promotion and wellness programs. The associated budget amendment was approved, and the local match has been included in the FY 1997-98 budget. Budget Amendment #98-0159 - Aging/Senior Center DebitCredit Title III-F Health Grant$1,133 Title III-F Health Grant$1,133 Purpose: To budget additional Title III Health Grant funds from the NC Division of Aging to support health promotion and wellness programs. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 408 Adoption of Resolution Awarding Bid #98-0303 and Approving Contract #98-0303 with Bob King Pontiac GMC, Inc. for the Purchase of Seven (7) Vehicles and One (1) Four-Wheel Drive Pickup Truck - Sheriff’s Department The Commissioners adopted a resolution awarding the bid and approving the contract in the amount of $129,538 with Bob King Pontiac GMC, Inc. for the purchase of seven (7) 1997 used full size four-door vehicles and one (1) 1997 four-wheel drive king cab pickup truck. Funding is available in the federal seizure funds under Account #348-431-7300-6000-Job#FFPSH050. 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 20. Adoption of Resolution Awarding Bid #98-0298 and Approval of Contract #98-0298 with Detroit Stoker Company to Purchase Grate Parts for the WASTEC The Commissioners adopted a resolution awarding the bid and approving a contract with Detroit Stoker Company in a negotiated amount of $89,577.59 to purchase grate parts for the WASTEC Facility. 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 20. Approval of Branch Banking & Trust (BB&T) of North Carolina Agreement for Deposit Accounts, Bank and Corporate Services The Commissioners adopted an agreement for deposit accounts, bank and corporate services as follows: (1)BB&T as depository and authority to draw checks. (2)BB&T to honor mechanically produced signatures. (3)BB&T authority to cash checks issued or held by New Hanover County. (4)Bruce T. Shell, New Hanover County Finance Director, as authorized signature on County checking accounts with BB&T. (5)Julianne M. Griffin, Deputy Finance Director, as authorized signature on County checking accounts with BB&T. (6)Corporate services for the New Hanover County Tax Collection and New Hanover County Tax Return Accounts. The Tax Department will soon begin the “lock box” method for collecting tax payments received by mail. When taxpayers mail their property tax payments, the receipt will be processed by BB&T with deposits electronically sent to the County. This will add to the efficiency of the Tax Department. The concept was approved by the County Commissioners at their meeting on September 15, 1997. Authorization to Submit a Grant Application to the N. C. Department of Agriculture to Develop a Pesticide Container Recycling Program The Commissioners authorized the Cooperative Extension Service to file a grant application in the amount of $12,520 to the N. C. Department of Agriculture to implement a pesticide container recycling program in New Hanover County. If the grant is awarded, authorization is given for approval of the associated budget, and execution of the appropriate grant documents by the Chairman. Approval of Revised Fire Response Districts and Fire Insurance Districts The Commissioners adopted resolutions revising Fire Response Districts and establishing Fire Insurance Districts as follows: Myrtle Grove Fire Insurance District Ogden Fire Insurance District Castle Hayne Fire Insurance District Wrightsboro Fire Insurance District Winter Park Fire Insurance District NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 409 Seagate Fire Insurance District Federal Point Fire Insurance District Wrightsboro Fire Response District Castle Hayne Fire Response District Winter Park Fire Response District Myrtle Grove Fire Response District Seagate Fire Response District Federal Point Fire Response District Ogden Fire Response District The resolutions are to be submitted to the N. C. Department of Insurance for purposes of insurance grading for unincorporated New Hanover County. The Chairman was authorized to execute the necessary documents. Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 20. Adoption of Resolution to Support Placement of Cape Fear River Basin Signs on State Highways by the N. C. Department of Transportation The Commissioners adopted a resolution to support the placement of Cape Fear River Basin signs on state highways by the N. C. Department of Transportation. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 21. Adoption of Resolution to Award Bid #98-0261 and Approve Contract #98-0261 to Eastern Technology Associates, L.L.C. for Upgrading the Computer System for the Department of Social Services and Approval of Associated Budget Amendment #98-0158 The Commissioners adopted a resolution awarding the bid to Eastern Technology Associated, L.L.C., in the amount of $90,950 to upgrade the computer system at the Department of Social Services. The following budget amendment was approved: Budget Amendment #98-0158 - Non-Departmental Department of Social Services/Administration Debit Credit Non-Departmental Contingencies $60,000 DSS/Administration Capital Outlay - Equipment$60,000 Purpose: To transfer funds from Contingencies for upgrade of the DSS computer system. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 21. Approval of Tax Collection Reports Through March 31, 1998 The Commissioners accepted the following Tax Collection Reports through March 31, 1998, as submitted by the Collector of Revenue, Patricia J. Raynor: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 21. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 410 Release of Value - Tax Department The Commissioners released the following certification penalty as this was the taxpayer’s first offense: Smith, Charles Edward$100 The Commissioners approved the following value adjustment because of conditions that have been brought to the attention of the Tax Department: Chemserve Aviation, Inc.$435,200 Approval of Amendment to the New Hanover County Fire Services Permit and Fee Schedule The Commissioners approved amending the New Hanover County Fire Services Permit and Fee Schedule as proposed by the Fire Marshal. The fee schedule will become effective July 1, 1998. After a review by the Fire Marshal and staff, it was found that the actual cost of providing inspections and plan reviews for compliance with the State Fire Prevention Code was greater than the revenue collected for the provision of such services. The amended fee schedule will reflect the actual expense of conducting inspections and plan reviews as well as include several permits addressed in the State Fire Prevention Code that were not included in the original fee schedule. Authorization for the Environmental Management Department to Purchase a Skid Steer Loader and a Passenger Van The Commissioners approved the purchase of a skid steer loader in the amount of $18,842 and a passenger van not to exceed $20,000 for the Environmental Management Department. Funding is available in the current budget to purchase these items. Adoption of Resolutions Requesting Addition of Roads to the State Highway System The Commissioners adopted resolutions to request the N. C. Department of Transportation to add the following roads to the State Highway System: Inlet Acres Drive Ogden Park Drive Copies of the resolutions are hereby incorporated as a part of the minutes and are incorporated in Exhibit Book XXIV, Page 21. Approval of Budget Amendment #98-40 - Federal Forfeited Property - Sheriff’s Department The Commissioners approved the following Budget Amendment: DebitCredit Federal Forfeited Property Capital Project Federal Forfeited Property$10,302 Capital Project Expense$10,302 Purpose: To increase the budget for additional revenue received March 25 and 26, 1998. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. Adoption of Resolution to Authorize the Finance Director’s Designated Representative to Dispose of Surplus Equipment and Vehicles Through a County Auction The Commissioners adopted a resolution authorizing the Finance Director’s designated representative to dispose of surplus equipment and vehicles through County Auction to be held May 2, 1998. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 21. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 411 Adoption of Resolution to Amend the Bylaws for the New Hanover Commission for Women The Commissioners approved an amendment to the Bylaws for the New Hanover Commission for Women as submitted. Under the amendment, only members having served with the Commission prior to May of the election year can vote. The amendment will be considered by the Wilmington City Council on April 21, 1998. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 21. Adoption of Resolution to Request a Thorough Study before Removing the Lock and Dam System from the Cape Fear River The Commissioners adopted a resolution requesting all parties involved to perform a thorough study before removing the lock and dam system from the Cape Fear River because of possible consequences. All affected counties, municipalities, businesses, industries, and private citizens are requested to support the resolution. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIV, Page 21. Approval of Community Growth Planning Report The Commissioners approved the Community Growth Planning Report presented on April 7, 1998, and agreed to support on-going efforts by continuing the following actions: ? Participation on Segment Teams. ? Write letters of support at strategic moments on selected implementation issues. ? Attend meetings with elected or other responsible officials at strategic moments on selected implementation issues. ? Use the report as a guideline for decision making. Approval of Contract with the City of Wilmington for Maintenance of Fire Apparatus The Commissioners approved a contract with the City of Wilmington for maintenance of fire apparatus. The Chairman was authorized to execute the contract documents. A copy of the contract is on file in the Legal Department. PRESENTATION OF NEW HANOVER COUNTY SERVICE AWARD Chairman Caster, on behalf of the Board, expressed appreciation to Ms. Stephanie J. Carver for 10 years of dedicated service to New Hanover County, and he presented a service award in recognition of this accomplishment. PRESENTATION ON FALCON CABLE MEDIA Mr. Bruce Tipi, Regional Manager, reported since he had arrived in July 1997, Falcon Cable Media had hired an entirely new management staff to alleviate some of the problems that have existed. The manager and office staff have greatly improved on responsiveness to customers by hiring additional customer service representatives to receive all incoming telephone calls. The 30 second response time is met 90% of the time. A new state-of-the-art phone system has been budgeted for 1998 to provide better service to the customers. The regional engineer has made the following technical improvements: ? 1,200 miles of the Cable Plan has been brought in line with FCC and manufacturer specifications. ? Thousands of pieces of equipment have been tested, checked, and replaced if found defective. Eighty miles of cable has been replaced due to the test results with fourteen miles located in New Hanover County. ? Approximately $150,000 has been expended on new receive-site equipment throughout the region. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 412 ? Approximately $70,000 has been expended on backup standby power generators, one of which is located in Holly Ridge. ? Several miles of fiber optic cable have been installed, which has enabled the company to move a large number of active components that can directly affect system reliability and overall picture quality. ? Falcon Cable has expended in excess of $3,000,000 since July 1997 in upgrading its Cable Plan and technical equipment. In New Hanover County, Falcon Cable is in the process of replacing 10 miles of cable extending from Canal Drive at Carolina Beach to Fort Fisher. The replacement of cable from Canal Drive to the intersection of US 421 has been completed. Approximately two miles of cable on US 421 near Monkey Junction feeding the Silver Lake area has been replaced and activated. Another two miles of cable along Masonboro Loop Road feeding the Myrtle Grove area has been completed and activated. Falcon Cable has entered into a partnership with Telecommunications, Inc. This partnership will provide Falcon Cable with the needed capital to rebuild systems on a nationwide basis. In this region, the mapping and design process has begun on the rebuild. Upon completion of this process, corporate officials will notify the local office if a rebuild has been approved for the area. Chairman Caster commented on being frustrated and reported on meeting numerous times with the former manager and company officials with the assurance that Falcon Cable would improve the quality of service. As of this date, the service has not been improved. He urged Mr. Tipi to take the necessary steps to improve the quality of service. Commissioner Birzenieks asked if a date has been established as to when Falcon Cable customers will receive a signal comparable to Time Warner? Mr. Tipi responded that he could not answer this question. As of this date, money has been budgeted for a rebuild of the system in the region. Due to the partnership with Telecommunications, Inc., no positive answer has been received regarding the rebuild. Hopefully, notification will be received within the next two weeks. If the rebuild is approved by corporate officials, work will begin in New Hanover County or Pender County. If Falcon Cable begins the rebuild in New Hanover County, it will take longer because of the need to build a new head-end site and obtain the necessary equipment. If the rebuild begins in Pender County, the work can be completed within two to three months because the Holly Ridge office head-end site is in place with fiber optics branching out to the feeders. Commissioner Birzenieks strongly objected to the lack of response from the corporate office and stated this lack of action adds to the frustration by the customers, Commissioners, and local Falcon Cable office. At this time, no one knows if the budget will be approved. Mr. Tipi reported the partnership was a time consuming process, particularly with the number of complex items. He advised that a great deal of money was involved which had slowed down the process. Telecommunications, Inc. now has the right to approve all capital requests. Commissioner Birzenieks emphasized the fact that customers do not care about corporate mergers, but they do care about receiving a quality signal. Hopefully, the corporate officials will view New Hanover County as more than a “cash cow”. He expressed appreciation to Mr. Tipi for doing the best, but stated New Hanover County and Falcon Cable are the people in the trenches. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 413 Vice-Chairman Greer asked if a letter from the New Hanover County Board of Commissioners would assist in receiving a response from the corporate office? Mr. Tipi responded it would be wise to wait a week to find out if the budget has been approved before sending a letter. Chairman Caster stressed the importance of the cable service being improved and emphasized the importance of moving forward with providing a quality cable service to Falcon Cable customers. He expressed appreciation to Mr. Tipi for the status report, but stated this situation must be resolved. Consensus: After further discussion, it was the consensus of the Board to request Mr. Tipi to present a status report on May 18, 1998 to see if the corporate office has notified the local office about the budget submitted for a rebuild of this region. STATUS REPORT ON BUILDING A DISASTER RESISTANT COMMUNITY Director of Emergency Management, Dan Summers, presented a video and reported that Project Impact was an initiative developed by FEMA Director, James Lee Witt, to challenge the country to undertake actions that protect families, businesses, and communities by reducing the effects of natural disasters. This initiative includes a national awareness campaign, the selection of pilot communities that demonstrate the benefits of hazard mitigation through a partnership approach, and an outreach effort to businesses and communities using a new guidebook that offers a formula for a community or business to follow to become disaster resistant. New Hanover County is only one of seven communities nationwide to be chosen for the FEMA pilot project. The basic goal of this endeavor is to develop and demonstrate community-based actions to help reduce the financial cost and human suffering during future disaster events. The increase in the number of severe natural disasters during the past decade has demanded that action be taken to reduce the threat that hurricanes, severe storms, earthquakes, floods, and wildfires imposed upon the economic stability, economic future and safety of the citizens. There are three primary issues involved with the Project Impact initiative: (1)Mitigation is a local issue. It is best addressed by a local partnership that involves government, businesses and private citizens. (2)Private sector participation is essential. Disasters threaten the economic and commercial growth of our cities, towns, villages and counties. Without the participation of the private sector, comprehensive solutions will not be developed. (3)Mitigation is a long-term effort that requires long-term investments. Disaster losses will not be eliminated overnight. Section two of the report is the grant summary. All grant awards will have to be approved by the Board of County Commissioners. Post Fran and Bertha mitigation monies are available to educate our citizens. In closing, Director Summers requested the Board to authorize the County Manager to approve the documents associated with Project Impact and the Hazard Mitigation Grant program. The Board was also requested to endorse and approve the Work Plan as presented. County Manager O’Neal reported on attending the National Hurricane Conference in Norfolk, Virginia, where New Hanover County is being recognized in professional circles throughout the nation for its emergency preparedness. The plan presented is a complicated document and will necessitate the County entering into various contracts to perform the work. County Manager O’Neal advised that Ms. Donna L. Girardot, Governmental Affairs Director, Wilmington Regional Association of Realtors, Inc., was involved in a project regarding the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 414 filing of insurance claims from wind damage and reported she would like to present a brief report. Ms. Girardot reported since last December, the Wilmington Regional Association of Realtors, Inc. has been working with the National Flood Insurance Regional Office in Atlanta, Georgia, and the National Insurance Administration in Washington, D. C., to hold a workshop to deal with problems encountered by residents when filing insurance claims for wind and hail damage. She announced that a workshop has been scheduled for May 13, 1998, and she invited the County Commissioners to attend. Originally, the workshop was planned for realtors, but building and insurance agents up and down the coast have shown an interest in attending the meeting. Once a schedule has been prepared for the event, the information will be forwarded to the Board of County Commissioners. Chairman Caster expressed appreciation to Ms. Girardot for the invitation. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to authorize the County Manager to enter into contracts for services related to Project Impact and approve the Work Plan as submitted. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the contracts are on file in the Legal Department. ADOPTION OF PROCLAMATION DECLARING THE “YEAR OF THE VOLUNTEER” IN NORTH CAROLINA AND ADOPTION OF A PROCLAMATION DECLARING NATIONAL VOLUNTEER WEEK IN NEW HANOVER COUNTY FROM APRIL 19-25, 1998 Public Information Officer, Mark Boyer, read and requested the Board to adopt a National County Government Week proclamation declaring April 19-25, 1998, as , and declare April North Carolina Volunteer Month as in New Hanover County. Vice-Chairman Greer expressed concern for the proclamation in the agenda packet not being the one read by Mr. Boyer. County Manager O’Neal responded the resolution in the agenda packet was requested by the United Way. He requested approval of both proclamations. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt a April 19-25, 1998, as National County Government WeekApril proclamation declaring and declare as North Carolina Volunteer Month in New Hanover County . Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adopt a April 19-25, 1998 as National proclamation submitted by the Cape Fear Area United Way declaring Volunteer Week in New Hanover County . Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the proclamations are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXIV, Page 21. DISCUSSION AND AUTHORIZATION TO PRIVATIZE THE CHILD SUPPORT PROGRAM - DEPARTMENT OF SOCIAL SERVICES (DSS) Mr. Derrick Anderson, Chairman of the Board of Social Services, reported on March 6, 1998, Service Designs Associates, a private for-profit company, presented the Board of Social Services with a proposal to enter into a partnership to administer the Child Support program. The company proposed to take over the program, hire all current staff at a 20% salary increase, and hire additional staff to maximize collections. Service Designs Associates will pay all up-front costs. State and federal revenue for child support will be passed on to Service Designs Associates. In return, Service Designs Associates will insure that the County receives revenues, i.e., profits greater than those received in either FY 1996-97 or FY 1997-98. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 415 On April 1, 1998, the Board of Social Services voted three (3) to two (2) to approve contracting out the Child Support Program with Service Designs Associates. Mr. Anderson advised it was a difficult decision, however, a majority of the DSS Board members felt that privatizing the service would benefit the community. Commissioner Davis asked if more employees were needed to operate the Child Support Program, and if so, how many? Mr. Anderson responded that eight additional employees would be needed. Commissioner Davis expressed concern for the County employees losing retirement and other medical benefits. Mr. Anderson responded that all of these factors were considered when rendering a decision. The present DSS employees are dedicated, hard working employees who are not adequately paid. Also, there was no assurance that the Board of County Commissioners would approve the eight additional positions, which was part of the decision making process. Commissioner Davis reported under the present system, the Court System is familiar with the DSS staff and allows these employees to perform preparation work without being under Court supervision. This method of operation has saved time for the courts. He expressed concern for losing an efficient system if a private company takes over the service. Mr. Anderson stated these were excellent questions that he could not answer; however, Service Designs Associates has presented an excellent proposal that will save money for New Hanover County. Commissioner Birzenieks expressed appreciation to Mr. Anderson for his service on the DSS Board and Ad Hoc Welfare Reform Committee. He listed the following concerns: ? How can the County employees transferred be sure of receiving an equitable retirement system? ? Will a for-profit organization focus on children instead of a company profit? ? Why can this company perform a better job than the Department of Social Services? Mr. Anderson responded the private company has the needed resources to hire additional employees to provide an effective collections program. Commissioner Birzenieks asked if the Department of Social Services could hire the needed employees to improve collections, would this bring in more revenue and decrease the budget in the future? Mr. Anderson responded that he felt collections would improve with more revenue generated; however, he could not guarantee this would happen. Commissioner Birzenieks, again, reiterated that a for-profit company is usually involved to make as much money as possible; therefore, he could not vote on this issue unless his questions were answered. Commissioner Davis asked if profits are increased from collections, would this offset the budget for DSS? Director of Social Services, Wayne Morris, advised that revenues collected are not from collections. All child support collections go to the children. The revenues for child support come from a federal administrative match and state incentives. These revenues are shared by the federal government, state government and county government. The federal government uses its share to NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 416 establish incentives for the state to encourage Child Support programs. DSS receives administrative reimbursements, the incentive payments, and the return of payments made to persons receiving child support. The Child Support Program has always brought in more revenue than expenditures. The revenue fell last year because of a reduction in caseloads as result of the Work First program, and the new statewide computer system, which works at night and provides the DSS worker with information about an absent father with possible hits that must be tracked down and verified. Every case has become important, and it is difficult to prioritize the cases. There are not enough DSS employees to perform the work. Service Design Associates has offered to hire the current staff, which is excellent, and hire additional employees to make a profit. This company has the resources to hire the number of persons needed. Motion: Vice-Chairman Greer commented on believing in outsourcing and privatization and stated since the employees have been provided a salary increase, he would MOVE to accept the proposal from Service Designs Associates to administer the Child Support Program. The MOTION WAS SECONDED by Chairman Caster. Commissioner Birzenieks asked if resources were made available, would this increase or decrease expenses in the budget? Director Morris responded that adequate staffing would increase revenues which would decrease expenses. Commissioner Birzenieks asked if the DSS budget would be decreased? Director Morris advised that new positions in child support require at least six months of training; therefore, it is difficult to determine if the DSS budget would decrease. Commissioner Birzenieks stated he could not understand how the for-profit company could make a profit if DSS cannot guarantee a decrease in the bottom line of the DSS Budget. Vice-Chairman Greer stated that hiring more people will produce more revenue; however, he did not feel the DSS Budget would be reduced. Chairman Caster agreed with Vice-Chairman Greer and asked if the County would be required to expand the current building to house additional employees? Commissioner Davis advised there are two court hearings held each week. One hearing is held for child support establishment, and the other for child support enforcement. Two out of five court dates are based upon the working relationship with DSS staff. If a private company assumes this service without a smooth operating program, more court days may be incurred without the anticipated collections. Commissioner Birzenieks asked if the DSS Board performed a pro-formula on both alternatives: (1) keeping the Child Support Program in-house with additional resources and collections versus outsourcing the program; and (2) were bottom lines of the budget compared? Director Morris responded it was impossible to make an accurate projection on the amount of revenue that will be collected; however, the private company has guaranteed New Hanover County $75,000 more than the revenue collected last year. Commissioner Howell inquired as to the term of the contract? Director Morris stated the contract would be for three years. Commissioner Birzenieks asked how the employees felt about working for a private company? Director Morris advised there were mixed emotions among the employees. In his opinion, the majority of employees would rather work for New Hanover County than a private company. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 417 Chairman Caster spoke on being in favor of privatization whenever feasible and stated since the days of President Roosevelt and President Johnson, government programs have continued to grow. If this tend is not stopped, this country will not continue to exist. Commissioner Howell asked about the reputation of Service Designs Associates? Director Morris responded the company operates the program for Davidson County, Onslow County, and Pope County. Onslow County is pleased with the program; however, there is no long- term record. The company has qualified individuals and is the only company that will pay up-front costs, guarantee the County a profit, and hire the employees. MOTION Chairman Caster called for a vote on the to enter into a negotiated contract with MOTION Service Designs Associates to administer the Child Support Program. Upon vote, the CARRIED by a three to two vote: Voting Aye: Commissioner Howell Vice-Chairman Greer Chairman Caster Voting Nay:Commissioner Birzenieks Commissioner Davis BREAK Chairman Caster called a break from 10:30 a.m. until 10:50 a.m. ESTABLISHMENT OF FEES FOR CERTAIN ADOPTION SERVICES - DEPARTMENT OF SOCIAL SERVICES Director of Social Services, Wayne Morris, reported NCGS 108A-10 authorizes the local Board of Social Services to establish fees for some adoption services rendered by the local department. After a review of the State Statute, the New Hanover County Board of Social Services approved a policy establishing fees to help defray some of the expenses incurred in providing adoption services. Under State Statute, the fee policy must be approved by the Board of County Commissioners. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to adopt the fee policy as approved and recommended by the New Hanover County Board of Social Services. Upon vote, the MOTION CARRIED UNANIMOUSLY. UPDATE ON REAL PROPERTY VALUATION Tax Administrator, Roland Register, reported the revaluation will go into effect on January 1, 1999. A Public Hearing must be held by the Board of County Commissioners on July 15, 1998 to carry out the regulatory requirement, adopt the Use Value Manual, and approve the Schedules and Standards necessary to carry out the revaluation process. The Board of Equalization & Review will hear appeals at a meeting scheduled no later than the first Monday in April and no later than the first Monday in May. Tax Administrator Register advised that he would be closely involved with the Appraisal Supervisor and staff on the revaluation process through the end of the year and first three months of next year. The appraisers are currently working on 1998 building permits that will be part of the January 1, 1999 revaluation. The work will be carefully supervised to insure the elements of data going into the computer provide an accurate process. Staff plans to complete the field work within four to six months. A video has been prepared to inform the citizens about the 1999 revaluation process. The 1991 video proved to be a useful tool. Presentations were made to elected officials, civic clubs, churches, and various organizations. The groups felt the video was very informative and helpful in explaining the methods used to assess the tax value of property. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 418 The revaluation notice will be mailed the first week in October and no later than the third week in November. This will allow time for staff to conduct informal reviews. The notice will inform the property owner of the right to have the house reassessed according to size, quality, and architectural grade. This process will allow the owner to understand how the value was calculated. If an error is found, the value will be corrected by the Tax Department. Additional phone lines will be used during the process so operators can respond to general questions. Approximately five temporary employees will be hired and trained to answer questions. If a question cannot be answered, the inquiry will be forwarded to the proper administrative staff or appraiser. The final step in the review process is the Board of Equalization and Review meeting held between the first Monday in April and no later than the first Monday in May. In closing, Tax Administrator Register offered to further explain the process to any County Commissioner at a convenient time. Chairman Caster, on behalf of the Board, expressed appreciation to Tax Administrator Register for the status report. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY BOARD OF EQUALIZATION AND REVIEW Motion: Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to convene from Regular Session to hold a meeting of the 1998 Board of Equalization and Review. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster convened from Regular Session at 11:06 a.m. Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reconvened to Regular Session at 11:16 a.m. TAX APPEAL SUBMITTED BY THE PINE VALLEY BAPTIST CHURCH FOR DENIAL OF EXEMPTION FROM 1992-1998 Tax Administrator, Roland Register, reported Pine Valley Baptist Church purchased the Shipyard Boulevard 200 square-foot parcel on January 1, 1970. The land is located across Partridge Road from the sanctuary and is heavily wooded. The church acquired other parcels in 1966, 1967, 1972, and 1996. Two parcels have homes that are being used for religious purposes, and a residential lot further down the street from the Church on Partridge Road was recently sold. Church facilities were recently expanded behind the sanctuary and adjacent to the two homes that are used by the church. After completion of the expansion, Pine Valley Baptist Church requested combining the parcels for 1998 tax purposes. During the review, it was determined that the 200 square-foot parcel on Shipyard Boulevard was not being used for religious purposes. Notification was forwarded to the church about the exemption being disqualified from 1992 until the present, and the church was informed about its right of appeal. Mr. Buck O’Shields, a member of Pine Valley Baptist Church, expressed appreciation to the Board for allowing the church to appeal the discovery. He advised the campus of Pine Valley Baptist Church consists of several parcels of land acquired over a period of years. When the Church moved to the area, the membership was not able to purchase the amount of land needed to build the campus. The subject tract was purchased 28 years ago. All parcels owned by the church are part of the campus and are used wholly and exclusively for religious purposes. The decision by the Tax Administrator is based on the findings that the parcel is “heavily wooded and does not appear to be wholly and exclusively used for religious purposes.” The church contends the subject parcel is part of the campus, which is used for religious purposes. Since the NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 419 parcel of land is not adjacent to the church, it felt this separation from the church makes this land vulnerable as to the interpretation of whether it is part of the campus. Mr. O’Shields requested the Board of County Commissioners to look at the pictures and maps showing the location of the subject parcel. If this parcel of land had not been separated from the main campus by Partridge Road, there would be no question about the tax exemption. In Photograph 3, there is another tract of land owned by the church, which is unimproved property, and is tax exempt. The church believes that the greater weight of the evidence clearly shows that the subject parcel is part of the campus separated from the additional parcels only by the 60 foot state road. The past, present, and future use of this land has been and is being used for religious purposes. In closing, Mr. O’Shields requested the Board of County Commissioners to consider the appeal and return this parcel of land to a tax exempt status. A lengthy discussion followed on whether the parcel of land was being used for parking or other church activities. Mr. O’Shields responded the parcel was being used for parking and other church activities. He asked why this parcel of land should be taxed when the other wooded parcel adjacent to the church was not taxed? Vice-Chairman Greer commented on visiting the lot and stated there were six cars and one truck parked along the edge of the road, not on the property. He referenced several examples in the agenda packet where churches pay property taxes on undeveloped land near the church and stated he felt the parcel in question should be taxed. Mr. O’Shields advised he was not aware of this information being presented in the agenda packet. Tax Administrator Register reported that Castle Hayne Baptist Church owns 7.99 acres of wooded undeveloped property that is separated from the church by a road and ditch. This property is taxed because it is not used for religious purposes. Ebenezer Church located on Princess Place Drive owns 2.22 acres of undeveloped land adjacent to the parking lot which separates the wooded lot from the sanctuary. This property is taxed. Also, a church on Carolina Beach Road recently withdrew its tax exempt application because the lot across the street from the church was not suitable for parking and may or may not be used for religious purposes. Discussion followed whether the lot would be tax exempt if a portion of the land was cleared and used for parking during church services. Mr. O’Shields stated the property could be cleared; however, the City has tree regulations that must be followed. The church feels the City would prefer to see the trees remain on the property. He, again, reiterated that Pine Valley Baptist Church has not abandoned the use of the property. This parcel of land is considered a part of the campus like the other wooded lot behind the church. The tax language refers to regularly used, which can be interpreted differently by each group. When referencing “wholly and exclusively used for religious purposes,” does this mean that when the church allows a basketball team to use a church facility or a group to hold a yard sale or sponsor a bingo, this purpose would be in violation of religious purposes. Again, this is a matter of interpretation. Discussion was held on the value of the property. Tax Administrator Register noted in hearing an appeal on whether the property is tax exempt, the use of the property, not the value of the property is not being questioned. Mr. O’Shields responded the value of the property does make a difference in the amount of the back taxes and penalties, which is approximately $20,000 in this case. Commissioner Davis stressed the importance of everyone understanding that other churches in similar situations are not tax exempt; therefore, the Commissioners must be careful in rendering a decision in this case. He asked if the church would be willing to clear the property? NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 420 Mr. O’Shields responded for $20,000 the church would consider clearing the land; however, this issue needs to be addressed to assist churches in similar situations. The land was purchased to be part of the church campus. Mr. Eric R. Gray, a trustee of the Pine Valley Baptist Church, requested the Board to review signed petitions in the agenda packet certifying that the land has been used for parking and other church related activities. He stated the definition of “regular use” must be determined. Commissioner Birzenieks commented on visiting the lot, and he questioned how anyone could park a vehicle in the interior of the lot? Mr. Curtis Schacher, Chairman of the Planning and Building Committee, stated on Easter Sunday, he parked his pick-up truck in the interior of the property. Also, other members of the church with pick-up trucks used the interior of the lot for parking because it is not heavily wooded. The Roy Ambassadors use the lot on a fairly regular basis to build camp fires and hold picnics. The lot is used for religious training activities. The Planning and Building Committee plans to move forward with the master plan that includes developing this parcel as a permanent parking area. During the interim, the parcel is to be used for low intensity uses. Commissioner Davis asked if part of the property could be cleared for parking and the remaining portion remain natural to be used by children for various church activities? Tax Administrator Register responded that Calvary Baptist Church cleared land in this manner, and the property is tax exempt. He stated in all due respect to Mr. Schacher, when requesting evidence for the use of the land by the Royal Ambassadors for church activities, no information was received from anyone other than Mr. Schacher. After visiting the site with the Tax Appraisal Supervisor, there was no evidence of camp fires or truck tracks. Also, the bird houses had bright blue paint, new ribbons, and shiny cans, which is indicative that these items had not been on the property for a long period of time. Commissioner Davis asked if it would be improper to allow the church time to clear the land for parking so the use would comply to the tax exempt status? Tax Administrator Register responded a conditional tax exemption was granted to the Coastal Venue Church on South College Road for 1997; however, no evidence has been presented to show the land has been cleared. Commissioner Davis asked if the exemption could be released back to the year 1992? Tax Administrator Register stated no evidence has been provided to show the parcel was used in 1992 by Pine Valley Baptist Church. The evidence presented shows the property was used at the end of 1997 and beginning of 1998. If the uniform administration of tax exempt status is broken, it is unfair to other institutions. Mr. O’Shields advised the petitions were circulated only in Sunday School, not the full church membership. Also, persons using the tract of land for church activities may no longer be a member of the church. Commissioner Davis spoke in favor of helping the church and stated if a portion of the lot is cleared for parking and the remaining acreage left in its natural state for other church activities, he would be in favor of granting a tax exempt status for the property. Chairman Caster reminded the Commissioners that the question to be answered is whether Pine Valley Baptist Church owes property taxes for the previous six to seven years. He noted that resolving the problem from this point forward would be another issue. A lengthy discussion ensued on the release of the property taxes for past years. Tax Administrator Register responded under NCGS 105.312, the Board of County Commissioners must decide if the tax should be released. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 421 Commissioner Howell asked if Pine Valley Baptist Church was aware of owing back taxes on the parcel? Tax Administrator Register responded the church was notified in November 1997. Motion: Commissioner Howell MOVED to release the back property taxes because the church was not aware that taxes were owed. Vice-Chairman Greer SECONDED the motion. Vice-Chairman Greer asked if the Tax Department forwarded a tax bill each year? Tax Administrator Register stated a tax bill was not mailed each year. Mr. O’Shields reported the church requested consolidation of the tracts, and when the land was inspected by the Tax Department, the parcel on the other side of Partridge Road was discovered. If the church had known in 1989 that the property would be taxed, action would have been taken to clear the land for parking. Substitute Motion: After discussion of the land needing to be modified so parking can be provided for the church, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to collect the tax for this year. County Attorney Copley requested the Board to list some findings of fact in the motion to state why the back taxes were released. Amended Substitute Motion:AMENDED THE MOTION, Vice-Chairman Greer SECONDED by Commissioner Howell to collect the taxes for this year only based upon the testimony presented stating the parcel has been previously used for church parking, activities of the Royal Ambassadors, MOTION CARRIED BY THE and a nature trail for church members. Upon vote, the FOLLOWING VOTE: Voting Aye:Commissioner Birzenieks Commissioner Davis Commissioner Howell Vice-Chairman Greer Voting Nay:Chairman Caster WITHDRAWAL OF RESOLUTION REGARDING A LOCAL OPTION SALES TAX Vice-Chairman Greer requested the Board to withdraw the resolution regarding a local option sales tax because the North Carolina Association of County Commissioners has requested time to modify the bill. Chairman Caster spoke on the article recently published in the newspaper and reported that more time was needed for the public to understand the purpose of the local option sales tax. He stressed the importance of having another mechanism, other than the property tax, to fund bond issues and major infrastructure needs. Consensus: It was the consensus of the Board to defer action on the resolution until May 4, 1998. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session to hold a Regular Meeting of the New Hanover County Water and Sewer District from 12:00 noon until 12:21 p.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Budget Work Session Scheduled for May 6, 1998 County Manager O’Neal spoke on the amount of work performed in reviewing budget requests from all departments, and he requested the Board to schedule a Budget Work Session. NEW HANOVER COUNTY BOARD OF COMMISSIONERSBOOK 26 REGULAR MEETING, APRIL 20, 1998PAGE 422 Consensus: It was the consensus of the Board to schedule a Budget Work Session on Wednesday, May 6, 1998, from 5:00 p.m. until 7:00 p.m. in Room 501of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Discussion of Request from Chancellor James R. Leutze to Rename College Road to University Boulevard Chairman Caster commented on the request from Chancellor Leutze and requested direction from the Board as to how this matter should be handled. Consensus: After discussion of time to notify the public about the proposed road name, it was the consensus of the Board to place this item on the May 4, 1998 agenda. Entry into the Minutes of the Settlement for the Christopher Stuckey v. New Hanover County Lawsuit County Attorney Copley requested the record to reflect that the lawsuit filed by Christopher Stuckey against the New Hanover County Sheriff’s Department has been settled in the amount of $2,000 by the County’s insurance company. ADJOURNMENT Chairman Caster adjourned the meeting at 12:15 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board